SW6240708_Response To Comments_20241023

Averette Engineering Response to Stormwater Comments
from 2024.01 .08 for Robert's Grove Phase 2
1. Per the attached satellite imagery(dated July 26, 2024), BUA appears to have been
constructed within Robert's Grove Phase 1, without a permit. Please note that 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, including the assessment
of civil penalties of up to $25,000 per day per offending property owner.This issue is
being referred to inspectors in the Fayetteville Regional Office for enforcement
action. Please cease the construction of BUA and have a lawyer reach out to Douglas
Ansel,Asst. General Counsel, [phone] discuss a settlement agreement. Similar
violations in the past have been settled through additional deed restrictions on
neighboring properties, such as Robert's Grove Phase 2/3.
The developer is not building on those lots.The developer created lots along the
existing road and sold them to builders.The developer did not create any impervious
surfaces. If the builders did not request the necessary permits, please reach out to them.
2. Please upload all project documentation to the online repository.As of 10/8/2024,the
online repository does not contain all project documentation that was physically
submitted. Both a digital and physical submission of the complete project package are
required per 15A NCAC 02H .1042(2). If all items are not received in electronic and
physical copies within 30 days, the project will be returned as incomplete, and a new
application will need to be submitted.
I am not sure exactly what was missing from the online repository, but we will upload
everything we have again. It would help us if in the future the comments could be more

specific and tell us what's wrong with the submittal packet and not just reference a general
rule.
3. General
a. Please provide documentation with name, title, and position for those listed in Section
III of the application (Section VI, 11)to demonstrate Robert Williams is authorized to
sign for the GP (15A NCAC 02H .1042 (2)(b)(iii)).
- 15A NCAC 02H.1040(1)(b): In the case of a partnership, the application must be
signed by a general or managing partner.
We have provided the partnership agreement showing Robert Williams as a 50% partner.
b.The supplied deed is for a 75 acres tract considering the exclusions listed.This does
not match with the proposed project area of 67.19 acres. Please verify the project area
on the plans, or revise as the package as necessary for consistency(15A NCAC
02H .1042 (2)(g)(iii)).
We tried to talk on the phone and discuss this issue.We don't understand this comment.
The rule you quoted in this comment states: "the boundaries of all surface waters,
wetlands, regulatory flood zones, protected vegetated setbacks, and protected riparian
buffers, or a note on the plans that none exist; ". This rule does not appear to go with this
comment.As for the difference in the deed acreage and the project area,the difference
has to do with removing Phase 1. Phase 1 was a part of the whole property that was
purchased by the developer, however as stated above, the developer has already sold off
all of phase 1 and is now moving on to phase 2. Please let me know specifically how you
would like me to remedy this comment.Also, is there a rule that states that the deed area
must match the project area?
4.Application
2x hard copies and one electronic copy of the Application with the following corrections
made,

as required by 15A NCAC 02H .1042(2)(a) and Section VI, 1 of the Application:
a. Section IV, 8 &10:The proposed impervious area is calculated to include only 35
plots and refers to only the Phase 2 area of the project.The total drainage area
includes the entire 67.19 acres. Revise the impervious area to include the future
development impervious area or revise the total drainage area to only include the
Phase 2 section. Update the new impervious area percentage for number 8 and the
table in 10. Update in all other applicable areas.
Again,we tried to discuss this comment over the phone.Your comment above stated that
the deed area and the project area do not match. Other projects we have submitted to your
department,you have informed us that the project area must equal the property area and
that it does not matter if you are developing the rest or not.We feel like there is no
consistency with the comments we have been receiving across projects.Also, as stated
before, it would be great if the comments were more specific about how to fix the issue.
How can we not include the future development in this application when in the comment
above,you wanted the deed area and the project area to match?
b. Section IV, 10: Round the on-site streets and on-site sidewalks areas to the nearest
whole number.
Will be completed when we have a response to the questions above
5. Supplement-EZ
1x hard copy of the complete, original Supplement-EZ Form and one electronic copy with
the
following corrections made, as required per Sections V&VI, 3 of the Application:
a. Drainage Areas Page
i. Line 5 and 6—Please revise identically to the revision required in Section IV, 10
of the Application with regard to On-Site components of a Low Density project
(see earlier comment).

Will be completed when we have a response to the questions above
ii. Lines 10 and 12—In addition to the revision for consistency(see earlier comment),
please revise Line 12 if necessary. This will be a breakdown of common area
BUA, and should match Section IV, 10 of the Application.
Will be completed when we have a response to the questions above
b. Low Density Page
i. Revise the swale table to be consistent with the provided calculations.
Will be completed when we have a response to the questions above
6. Plans
2x hard copies of revised plan sheets and one electronic copy with the following
corrections
made, as required by 15A NCAC 02H .1042(2)(g) and Section VI, 8 of the Application:
a. Revise name on the cover page of the stormwater narrative packet to reflect Robert's
Grove Phase 2.
Done. See Cover Page of Report
b. Revise scales for consistency and accuracy throughout plans.
Done.
c. Include a cross section of curb outlet swales and proper slope to be verified on the
main set of plans.This cannot be reviewed at this time with current scales.
Done. See C3A &C3B &C3C
d.The curb outlet swale needs to start at the curb outlet rather than the pipe. 15A NCAC
02H .1002 (9).
Can you please explain this one more?When we look up the rule above it states:
"Curb Outlet System" means curb and gutter with breaks or other outlets used to
convey stormwater runoff to vegetated conveyances or other vegetated areas"

We have designed our curb and gutter system to drain into swales.
e. Per 15A NCAC 02H .1042(2)(g)(iv), please provide additional contour labeling to
clarify proposed contours and clearly delineate drainage patterns and drainage areas
to each swale.
Done. See Grading Plan C3C and see C13 for drainage area
7. Calculations
1x signed, sealed, and dated hard copy and one electronic copy of calculations with the
following corrections made, as required by Section VI, 7 of the Application:
a. Please provide engineering calculations showing that the outlets of the site will be
able to non-erosively convey the 10-year design storm in perpetuity in the permanent
condition. 15A NCAC 02H .1003 (5)
Done. Please see the calculations section of the stormwater report.Added page titled
"Permanent Channel to Level Spreader"
b. Sheet 1: Pipe size diagrams for inlets: 1, 1A, 15, 15A, and 29 are showing a side
slope of 2:1. Please revise as necessary. 15A NCAC 02H .1003 (2)(c)(i).
Done. Image removed. All side slopes are 3:1.
c. Please clarify the time of concentration to each swale so that the 10-year storm
requirements can be verified. 15A NCAC 02H .1003 (2)(d)(i)
Done. Added note to the spreadsheets inside of the report to specify that the calcs were for
a 10 year storm