SW3240101_Project Return_20241016

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ROY COOPER = o
Governor
ELIZABETH S.BISER
Secretary
WILLIAM E.TOBY VINSON,JR NORTH CAROLINA
Interim Director Environmental Quality
October 16, 2024
CESI
Attn: James G. Eaves III, PE
PO Box 368
Concord,NC 28026
AND
Huntley Brothers Co, Inc
Attn: Ed Huntley, President
8217 Fairview Road
Charlotte,NC 28227
Subject: PROJECT RETURN
Stormwater Permit No. SW3240101
Huntley Brothers Home Office
Cabarrus County
Dear Mr. Eaves and Mr. Huntley:
The Division of Energy, Mineral and Land Resources received and accepted a State Stormwater
Management Permit Application for the subject project on January 22, 2024, and requested
additional information on April 20, 2024, and August 15th, 2024. Additional information was
received to our office on September 16th, 2024. A review of the file and delivery logs indicates
that, as of this date, the information requested on April 20, 2024, and August 15th, 2024, has not
been satisfactorily addressed within the stipulated timeframe. Per the requirements of Title 15A
NCAC 02H .1042(3)(a)(ii) of the Stormwater Management Rules, this Office is hereby returning
the subject application as incomplete. The application fee has been forfeited and a new fee will
need to be provided if you choose to resubmit this application in the future.
If you wish to pursue construction of this proposed project,you must reapply for a permit to the
Division. Your application package must include a completed and signed application form;
supplement form; signed O&M agreement; application fee; signed, sealed and dated calculations;
and 2 sets of signed, sealed and dated site layout and grading plans with details.
Please be aware that the construction of any impervious surfaces on the property prior to receipt
of a stormwater permit, other than a construction entrance under an approved Sedimentation
Erosion Control Plan, is a violation of NCGS 143-215.1 and is subject to enforcement action
pursuant to NCGS 143-215.6A.
E Q�� North Carolina Department of Environmental Quality I Division of Energy,Mineral and Land Resources
512 North Salisbury Street 1 1612 Mail Service Center I Raleigh,North Carolina 27699-1612
NORTH CAROLINA -
pepar ntntenmmnmwUJue.nry 919.707.9200

Attached to this letter, you will find the comments that remain unaddressed at this point. The
electronic copies of these files can be viewed at
httl2s:Hedocs.deg.nc.gov/WaterResourcesBrowse.aspx?id=494276&dbid=0&repo=WaterResour
ces. Search SW3240101 to locate this project. If you have any questions concerning this matter,
please contact our office at postconstruction.deq.nc.gov or Brianna Holland at
[e-mail].
Sincerely,
Ouow' d aga a'Puy Fl a"a qo&
For William E. Toby Vinson, Jr., Interim Director
Division of Energy, Mineral and Land Resources

The following previously provided comments remain unresolved.
1. Previous comment unresolved: Please ensure that this project is meeting the
definition of"Runoff Treatment"per 1 SA NCAC 02H.1002(43). In order for a
project to meet Runoff Treatment, the net increase in BUA must be captured and
treated in one or more primary SCMs. If it is not practicable to capture the net
increase in BUA, the portions of the site that do not drain to the SCM can be
permitted as a low-density area (in accordance with ISA NCAC 02H.1003(1)(d))
provided that the area meets the low-density requirements outlined in 1 SA NCAC
02H.1003(2) (NOTE: Ifpursuing this option,you will need to revise the Supplement-
EZForm, Application, O&MAgreement, etc... to reflect the low-density area). If it is
notpracticable to capture the net increase in BUA and the uncaptured areas do not
meet the low-density requirements, we will need to discuss a variance for the project.
The comment response document, included below, indicates that not all runoff will be
treated by the SCM included with this permit. If this is the case, the adjacent
property's permit will need to be modified to allowed for"off-site BUA", and the
package will have to be revised to apply for treatment by an"off-site SCM"that will
provide treatment for this BUA.
All BUA must be directed to an SCM. The grading provided on the plans does
not indicate that the net increase in BUA associated with this project will be
directed to the Wet Pond. If the intent is to have another Off-site SCM treat the
BUA not directed to the Wet Pond, it must be shown that Off-Site SCM
requirements are met.
2. All sections of the Supplement-EZ must be completed. Do not modify the application
documents remove any required information. This is required per (Section V &
Section VI, 3).
The "Entire Site" column is an accounting of the entire property area, not just what is
being directed to the SCM.
3. Supplement-EZ
a. Previous comment unresolved: Cover, Line 2:Revise the project areas to
match the project area calculated in the Application Section IV 7.
4. Total Property Area:16.896 acres 5. Total Coastal Wetlands Area:n/a acres
6. Total Surface Water Area:0.003 acres
7. Total Property Area(4)-Total Coastal Wetlands Area(5)-Total Surface Water Area(6)=Total Project
Area+:16.896 acres
+ Total project area shall be calculated to exclude the following: the normal pool of impounded structures, the area
between the banks of streams and rivers, the area below the Normal Hi h Water(NHV%O line or Mean High Water
(MHM line,and coastal wetlands landward from the NHW(or MHW line. The resultant project area is used to
calculate overall percent built upon area(BUA). Non-coastal wetlands landward of the NHW(or MHW)line may
be included in the total project area.
16.896-0.003 :A 16.896
This item was not completed.
b. Previous comment unresolved: Wet Pond, Line 28: Please see comment below
regarding average depth. This is different from the depth of the main pool.
The calculations were revised but this item was not. Please revise for
consistency.
The provided calculations show an average depth of 1.82 ft which is not
acceptable. The average depth must be 3-8 feet per Wet Pond MDC 2.

c. Line 34—The cleanout depth of the forebay is the distance from the
permanent pool surface elevation to the top of the sediment storage zone.
This item was not accurately addressed.
d. Wet Pond, Line 35: The value should be the volume between the temporary
pool (682.50 per the plans) and the permanent pool (679.50). Please revise.
e. Wet Pond, Line 40: The drawdown time is the period of time required to draw
down from the temporary pool elevation to the permanent pool elevation.
Please revise.
The design volume and drawdown calculations do not reflect the volume
provided elsewhere in the calculations between the revised temporary and
permanent pool.
4. Previous comment unresolved: 15A NCAC 02H.1003 (7): The permittee shall record
deed restrictions and protective covenants prior to the issuance of a certificate of
occupancy to ensure the permit conditions and the approved plans and specifications
are maintained in perpetuity. This recording would limit the BUA to amount that will
be permitted. Per the narrative, the maximum BUA allowed in the deed restrictions
for this lot is 652,375 SF. The deed restrictions will either need to be re-recorded or
this potential future BUA will need to be accounted for in the sizing of the SCM.
This item was not completed.
5. Previous comment unresolved: 15A NCAC 02H.1042 (2) (h) (i), (ii):Plan details
shall include pretreatment area. Both forebays need to be represented with their
relevant dimensions, side slopes, and elevations with a benchmark for cleanout.
Please ensure both forebays are depicted in the cross sectional detail.
Elevations, including the bottom elevation at the entrance and exit of the
forebays were not shown.
6. Previous comment unresolved: 15A NCAC 02H.1042 (2) (i)(i), (ii): Provide signed,
sealed, and dated planting plans for the wet pond. The planting plan shall include
plant layout with species names and locations and total number and sizes of all plant
species. The Supplement-EZ states "Bermuda Grass"will be planted on the dam and
embankment,please provide this on the plans.
The planting plan shall include plant layout with species names and locations
and total number and sizes of all plant species. The actual number and size and
location of all plant species must be shown on plans, and was not.
7. Previous comment unresolved: Wet Pond MDC 5 (b): The forebay entrance shall be
deeper than the forebay exit. Please revise on the plans.
This item was not completed.
8. Please correct the following with the O&M Agreement Form:
a. Multiple forebays are proposed,please provide additional information in the
Wet Detention Pond Design Summary so that the relevant information on the
additional forebay is presented.
The pond summary was revised to indicate no storage in the forebay,
which should be a minimum of 6 inches per Wet Pond MDC 3. The main

pool was revised to show 6 feet of sediment storage,which while there is
no maximum of sediment storage,would require revised plans and
calculations.
b. A "vegetated filter"refers to a vegetated filter strip placed downstream of the
pond outlet (it was required per the previous version of the rules) and does
not appear to be incorporated as part of the design for the wet pond. The
plans now appear to point to the vegetated shelf, which is not a vegetated filter
strip. For more information about vegetated shelves, see Chapter C-3 of the
manual. For information about vegetated filter strips, see Chapter C-9 of the
manual.
A vegetated filter strip is now called out at the outlet of the SCM,
however, none of the MDC for a vegetated filter strip appear to have been
met or considered. 15A NCAC 2H .1059.
c. Please revise the elevations shown in the wet detention pond design for
consistency with the Supplement-EZ:
Sediment removal elevation (Line 21 for the main pool, top of sediment storage zone
in forebay for forebay), and bottom elevation (Line 20 for the main pool, bottom
elevation of the forebay near the entrance for the forebay).
Supplement-EZ form was revised for these items, but the vegetated shelf
elevation was revised to be incorrect.
9. Provide PDFs of all revisions, 2 hardcopies of revised plan sheets, 1 hardcopy of
other documents, and a response to comments letter briefly describing how the
comments have been addressed.
a. PDFs must be uploaded using the form at:
hllps:Hedocs.deq.nc.gov/Fonns/SW-Soplemental-_Upload
b. Hard copies must be mailed or delivered to the following address:
i. For FedEx/UPS:
Brianna Holland
512 N. Salisbury Street, Office 625Y
Raleigh,NC 27604
ii. For USPS:
Brianna Holland
1612 Mail Service Center
Raleigh,NC 27699-1612
iii. Hand Delivery:
Please reach out to me prior to hand delivering a submission to make sure that I
(or someone else in my group)will be able to receive the submission. Do not
leave the package in the foyer with the security guard.
NOTE: Hard copies should not be sent to a Regional Office. Doing so will delay
the review process and the submission package may be lost while being sent from
the Regional Office to me in the Central Office.
While not required to be addressed, the following was noted:

- It is recommended to pump down wet ponds rather than using a drawdown orifice to
avoid discharging sediment.
To ensure a fair, timely, and transparent review process, any disagreement with provided
comments will need to be addressed in writing as part of the requested information resubmission,
within the required resubmittal window. The merits of the disagreement will be reviewed during
the next scheduled technical review and, if applicable, will be addressed in further requests for
additional information. If the resolution provided by the reviewer is found to be unsatisfactory,
the applicant can agree in writing to a longer review period, during which the dispute will be
brought to the technical review committee and a final determination will be made.
Due to staffing limitations and to ensure an efficient project review, requests for individual
meetings to discuss provided comments are decided at the discretion of the reviewer. We
encourage you to carefully review the written feedback provided and the applicable rules. The
NCDEQ Stormwater Design Manual provides additional insight into design criteria. Any
questions or further requests for clarification should be submitted in writing in the requested
information resubmission,within the required resubmittal window. We appreciate your
understanding and cooperation in this streamlined process.
Please note that this request for additional information is in response to a preliminary review.
The requested information should be received by this Office prior to September 14,2024,
or the application will be returned as incomplete. The return of a project will necessitate
resubmittal of all required items, including the application fee. Please reference the State
assigned project number SW3240101 on all correspondence.
The Division is allowed 30 days from the receipt of a completed application to issue the
permit.
The construction of any impervious surfaces, other than a construction entrance under an
approved Sedimentation Erosion Control Plan, is a violation of NCGS 143-215.1 and is subject
to enforcement action pursuant to NCGS 143-215.6A.
If you have any questions concerning this matter please feel free to contact me at
Brianna.Hollandgdeq.nc.gov or(919) 707-9218.
Sincerely,
l VlG OIK d
Brianna Holland
Environmental Engineer
DEMLR Post-Construction Stormwater Program
cc: Mooresville Regional Office