SW3240802_Response To Comments_20241108

*MCMM&CREED
November 8th, 2024
Brianna Holland, Environmental Engineer
North Carolina Department of Environmental Quality
DEMLR—Post Construction Stormwater Program
Mooresville Regional Office
512 N. Salisbury Street, Office 625Y
Raleigh, North Carolina, 27604
RE: Stormwater Project No. SW3240802
Luna Estates Subdivision
Union County
Ms. Holland:
Thank you for the review and response to our Stormwater Management Permit Application
submittal package for the subject project. We are in receipt of the below listed review comments
based on the submitted documents, plans, calculations, etc.
Reviewer comments below are followed by the actions taken and/or clarifications to address the
comments.
Original Comment
Response
1. Goose Creek Rules
a. This project is located within the Six Mile Creek Watershed and is subject to Goose Creek
Rules (15A NCAC 02B .0602). The Goose Creek Rules require the control and treatment of
the difference in the pre- &post development 1-year, 24-hour storm (instead of the 1.0"
storm as in other parts of the of the State) and requires that the proposed SCM promotes
infiltration of flows and groundwater recharge (such as infiltration trenches,bioretention
cells (in A or B soils), infiltrating permeable pavement, and Silva Cell) unless it is
demonstrated exhaustively that these SCMs are not for use on-site. Please address the
following:

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i. Please revise the project package to utilize an SCM that promotes ET&I, as
required by 15A NCAC 02B .0602(a).
An infiltration basin is now proposed.
Note: Of it is note physically practicable to use infiltration methods for this project,
this will need to be exhaustively demonstrated using on-site testing and engineering
calculations. A variance will need to be applied for where the applicant provides
technical justification based on engineering calculations and the results of research
studies showing that the proposed design provides equal or better stormwater control
and equal or better protection of waters of the State than the requirements of this the
Goose Creek Rules and that it shall function in perpetuity. The permitting authority
shall have the option to require compliance with the MDC in the event that the
alternative SCM design fails. Select an SCM that has a higher percent annual runoff
treatment by ET&I (please refer to the SCM Credit Document) as it will provide some
groundwater recharge and will help meet the intent of 15A NCAC 02B .0602(a). Wet
Ponds are not suitable for meeting this requirements, as they address neither the rule
nor it intent. Wet Pont specific MDC was not evaluated due to this.
ii. Please revise the minimum required treatment volume to be calculated based on
the difference in the pre- and post- development 1-year, 24-hour storm instead of
the 1-inch storm, as required by 15A NCAC 02B .0602(a).
Calculations have been revised accordingly.
iii. The soils/geotechnical report does not identify the seasonal high water table or the
infiltration rate of the soil. This information will be necessary for meeting the 15A
NCAC 02H .1051, MDC for Infiltration Systems and to support the above
comments.
Soils report included with resubmittal. No seasonal high water table was discovered within
boring depth.
2. General
a. Deed Restrictions
- Please revise permittee name to Ryan Switzer, and the permit number to SW3240802 or
leave blank.
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Ryan Switzer's name and signature has been added to the form. The permit number was left
blank.
High Density Residential Subdivisions
Deed Restrictions &Protective Covenances
In accordance with Title 15 NCAC 2H.1000 and S.L. 2006-246, the Stormwater Management Regulations,
deed restrictions and protective covenants are required for High Density Residential Subdivisions where
lots will be subdivided and sold and runoff will be treated in an engineered stormwater control facility. Deed
restrictions and protective covenants are necessary to ensure that the development maintains a"built-upon"
area consistent with th design criteria used to size the stormwater control facility.
I?yAN 514111-ra
I, Reber-?rise, acknowledge, affirm and agree by my signature below,that I will cause the following deed
restrictions and covenants to be recorded prior to the sale of any lot:
1. The following covenants are intended to ensure ongoing compliance with State Stormwater
Management Permit Number Alt'.(?Oy ,as issued by the Division of Energy, Mineral and
Land Resources under the Stormwater Management Regulations.
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-The Notary Public's name needs to be printed in the first blank. ("I, *insert Notary
Public's name here*, A Notary Public...")
The notary section has been updated accordingly.
Deed Restrictions &Protective Covenances
Signature: q Date: h 67-2H
I, Qya,., .,., tr , a Notary Public in the
State of_ t.../Ot'9\ Cow t V nd , County of e l'1 ,
do hereby certify that l_ Va__ V personally appeared
/
before me this the (.P day of , thr-A. , 20 28-1 -,and acknowledge
the due execution of the foregoing instrument.Witness my hand and official seal,
SEAL
Sig ature C2------
MyCommission expires 4 r%'-'o ANh GIo North
p �✓ �"��2�?�r �!Y,h;:^Notary Public. Carolina
jK. Gaston County
/. My o mission Exppir�es
3. Consistency
a. Provide documentation demonstrating that "Toll Bros., INC." (provided in the Secretary
of State Report) is the same entity as "Toll Southeast LP Company, Inc." or provide
revised documentation demonstrating "Toll Southeast LP Company, Inc." is in good
standing with the NC Secretary of State. Provided documentation that Ryan Switzer has
signatory authority for Toll Southeast LP Company, Inc.
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The updated documentation showing that Toll Southeast LP Company, Inc is in good standing
with the NC Secretary of State and that Ryan Switzer has signatory authority is included within
this submittal.
b. There appears to be an issue with the BUA accounting. The provided deed restriction
document shows 4,900 sf of BUA allocated to each lot while the The Supplement-EZ Form
and Section IV, 10 of the Application ("On-site Buildings/Lots") should be equal to 88,200
SF (4,900 sf/lot* 18 lots). If more or less BUA is going to be allotted, the Deed Restrictions
should be revised, if not, revise the Application and Supplement-EZ. Revise the
remainder of the package as needed for consistency.
BUA discrepancy has been resolved.
4. Application
1. 2x hard copies of the Application with the following correction made (These items are
required per 15A NCAC 02H .1042(2)(a) and Section VI, 1 of the Application:
a. Section IV, 9—Per the provided instructions, for high density projects, provide one
drainage area counted for each proposed SCM.
The drainage area is provided for SCM #1.
b. Section IV, 10—The percent impervious provided for Drainage Area 1 was not consistent
with the provided data.
Impervious percentages now match.
5. Supplement-EZ Form
1. 1x hard copy of the complete, original Supplement-EZ Form is required per Sections V &VI,
3 of the Application.
a. Drainage Areas Page, Line 8: Revise the total BUA in the project.
BUA has been updated.
b. Drainage Areas Page, Line 19: Revise per Goose Creek Comment 1(a)(ii) above.
Infiltration basin is now proposed.
6. Plans
1. 2x hard copies of revised plan sheets with the following corrections made:
(This item is required per 15A NCAC 02H .1042(2)(g) and Section VI, 8 of the Application)
a. Revise the vicinity map to meet the requirement of 15A NCAC 02H .1042(2)(e) to include
"...SR numbers to the nearest intersection, with 1, 2, or 3 digits road numbers..."
Vicinity map has been revised per comment.
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b. Please delineate the drainage area to the proposed SCMs in the main set of plans (per 15A
NCAC 02H .1042(2)(g)(iv)).
This is provided on sheet C7.4
2. Please provide a Response to Comments letter indicating, in a point-by-point manner, how
each of the above comments has been addressed. This is required by 15A NCAC 02H
.1042(3)(b).
3. Provide PDFs of all revisions, 2 hardcopies of revised plans sheets, 1 hard copy of other
documents, and a response to comments letter briefly describing how the comments have
been addressed.
If additional clarification is needed to ensure your comments have been addressed, please contact
me at [e-mail] or 704.945.3367.
Sincerely,
Tracey McCormick
Senior Project Manager
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