20180582 Ver 2_Stornmwater Info_20191011

ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
S. DANIEL SMITH
Director
Mr. Raymond Waugh
LandDesign, Inc.
100 South Orange Street Suite 700
Orlando, FL 32801
NORTH CAROLINA
Environmental Quality
October 4, 2019
Subject: Request for Additional Information
Stormwater Permit No. SWI190703
Cashiers Lake Dredging Plan
Jackson County
Dear Mr. Waugh:
The Division of Energy, Mineral, and Land Resources received a State Stormwater Fast Track
Process: "Authorization to Construct" (ATC) Permit Application for the subject project on July 22,
2019 and more information on September 12, 2019. A preliminary in-depth review of that
information has determined that the application is not complete and additional information is
needed to determine whether the project complies with 15A NCAC 02H.1043. To continue the
review, please provide the following additional information:
1. REPEAT COMMENT: Part of the project area is currently covered under stormwater permit
SW1080801. This permit must remain in effect unless rescinded and replaced by another
active final permit (an Authorization to Construct Permit cannot cover an existing permitted
area) [Note - this statement was intended to mean that the two permits cannot be
coextensive. The ATC permit can be used as a major modification to the existing permit. See
further comment below]. Further, the project area must exclude any land adjacent to the
area disturbed by the project that has been counted as pervious under another permit [15A
NCAC 02H.1002(38)]. Please explain how the project area will be determined, which
permits will cover each area, and depict on the plan sheets the areas that will be covered
under each permit.
CONSULTANT'S RESPONSE: Previous permit has expired.
FURTHER EXPLANATION:
According to the Division's records, the permit's expiration date was extended to December
30, 2021 per Session Law 2010-177. If the permit were expired, the project would be out of
compliance with the existing permit and not eligible for a fast track permit (15A NCAC
02H.1043). The permit remains in full effect and the current development must be in
compliance with the existing permit to be eligible for the fast track program.
15A NCAC 02H.1043 allows for a Fast Track Authorization to Construct (ATC) permit to be
used for major modifications to an existing permit, in which case the existing permit would
be rescinded upon issuance of the ATC permit. Any BUA permitted under the existing permit
cannot be considered existing BUA (15A NCAC 02H.1002) and must be included in the
density calculation. In addition, a designer's certification must be submitted that certifies
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512 North Salisbury Street 1 1612 Mail Service Center I Raleigh, North Carolina 27699-1612
NORTH CAROLINA
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that the project was completed in accordance with the previous permit. To apply for a major
modification, please revise Section C.1 of the application to select that option.
2. REPEAT COMMENT: Part D.2. of the application form (registered agent information) was
not completed. Please submit a revised application with this information.
FURTHER EXPLANATION:
The name title of the signing official was not included on the application. Please provide this
information as well as verification that the individual is authorized to sign on behalf of the
applicant. See Comment 5 below.
3. REPEAT COMMENT: Please provide a narrative with a construction sequence that explains
the phasing of any future development and more detail about the proposed SCMs.
CONSULTANT'S RESPONSE: Construction sequence from erosion control used. No
additional detail on phasing and SCM's are known at this time. All SCM's will be designed
and installed per standards.
FURTHER EXPLANATION:
15A NCAC 02H.1043(3) (g) requires "a construction sequence that discusses how any future
development on the project may be phased". An erosion control plan does not constitute
compliance with this standard.
4. REPEAT COMMENT: The application states that stormwater will be treated with "wet
detention ponds or alternative stormwater management systems." The plans show
proposed underground systems. Please provide more information to correct the
discrepancy.
FURTHER EXPLANATION:
The language in the application was not updated in response to this comment. Wet ponds
are not underground systems and therefore do not match the notes on the plans that
indicate that there will be underground systems. "Alternative stormwater systems" is not
specific enough to ensure that the selected SCMs will meet the runoff treatment standard,
which requires all runoff to be treated in primary SCMs [15A NCAC 02H.1002(43)]. The
Stormwater Management rules also use the term "alternative SCMs" as constituting a
variation from the MDCs, which is not eligible for permitting under the fast track program.
5. REPEAT COMMENT: Please submit documentation that the LLC is active and in good
standing with the NC Secretary of State. If the name and title of the individual signing the
application are not listed by the NC Secretary of State, please provide other documentation
from the LLC showing that they have the authority to apply for a permit on the LLC's behalf.
FURTHER EXPLANATION:
As stated in Comment 2, the name and title of the signing official were not listed on the
application. In addition, no proof was provided that the individual who signed the
application has the authority to sign on behalf of the organization. According to 15A NCAC
02H.1040: "Application forms shall have an original signature by one of the following entities
unless the application is accompanied by a letter of authorization signed by the appropriate
authority as designated in Sub -items (a) through (d) of this Item authorizing the signature of
another entity: (a) ...In the case of a limited liability corporation (LLC), by a manager of
company official as those terms are defined in G.S. 57D "North Carolina Limited Liability
Company Act... "

Please provide verification that the individual who signed the application has the authority
under this section to sign the application or a letter from a verified individual granting the
authority to that individual.
6. Provide pdfs of all revisions, 2 hardcopies of revised plan sheets, and 1 hardcopy of other
documents. Pdfs must be uploaded using the form at:
https:Hedocs.deq.nc.gov/Forms/SW Project_ Submittal
Please remember to confirm that any revised information is presented consistently throughout the
application documents. Please also remember to provide two hard copies and one electronic copy
of any updated or requested documents per 15A NCAC 02H.1043(3).
The requested information should be received in this Office prior to November 10, 2019, or the
application will be returned as incomplete. The return of a project will necessitate resubmission of
all required items, including the application fee. Please note that the Division is allowed 30 days
from the receipt of a complete application to issue the authorization to construct 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.
Please reference the State assigned application number SW1190703 on all correspondence. If you
have any questions concerning this matter, please feel free to call me at [phone] or email
me at [e-mail].
Sincerely,
�t9Z a ---
Corey Anen
Environmental Engineer
Stormwater Program
cc: Asheville Regional Office