SW8971226_Compliance Evaluation Inspection_20200406

Hall, Christine
From: Hall, Christine
Sent: Monday, April 6, 2020 4:29 PM
To: J H KINDT
Subject: RE: [External] Re: SW 971226, The Landing @ Southport
Attachments: Permeable Pavement Deed Restrictions 2018 07 19.pdf
Mr. Kindt,
If the permittee (The Landirg at Southport CSA) is interested in submitting a m+nor modification to the permit to add the
option of permeable pavement, it' elps the entire community;. however, it also places the responsibility of ersuring
each proposed rerme3ble pavement area meets the minimum design criteria (described in Chapter C.5 of the
stormwater design manual) with the permittee. As part of that request, they would have to submit the following:
1. The minor modification form, which can be found cn this website
2. Some basic soils informati-on (most folios often use tine :nfc from the soil surveys) demonstr3t;ng the area is
suitable to meet the infiltrat)rg permeable pavement requirements sucli as the separation to the seasonal high
water table and favorable infiltraCan rate.
3. Decumert who is responsible for the maintenance of the pavement (the permittee or the individual lot
owner). If the permittee, then a signed operation & maintenance agreement.
4. Propose an amendment to the deed restrictions and protective covenants to add language specific to permeable
pavement (example attached).
If the permittee is not interested in modifying the permit to add that option, then it is preferred to documented that in
writing. This allows the individual lot owner to apply to the Division for their own individual ,permit for the use of the
infiltrating permeable pavement.
In both cases, it requires the individual tc hire a consultant to conduct site specific soil tests confirming tJ*e site is
suitable for infiltrating permeable pavement and design the system to ensure it meets the minimum design criteria.
Christine
From: J H KINDT [mailto:[e-mail]]
Sent: Saturday, April 4, 2020 3:50 PM
To: Hall, Christine <[e-mail]>
Subject: Re: [External] Re: SW 971226, The Landing @ Southport
EicteMv erna _17o not i-�Idc finks or open attachments uAessyou verily. Send all suspicious email as an a
S/water permit SW8971226
Hope you are happy and well -
My HOA SWP lists that it has to be modified to allow permeable surfaces. Whats required to do that? Thanks
in advance for your help.

On Thu, Mar 19, 2020 at 5:43 PM J H K1NDT <iohnhkindt,41.gmail.com> wrote:
OK - THANKS !
On Thu, Mar 19, 2020 at 5:20 PM Hall, Christine <Christine.Hal I(. tncdenr.gov> wrote:
Our files are not currently available in a digital format. The paper files are located in'+Vilmington and are availab"•.e for
file reviews here in the Wilmington Regional Office. I can assist in scheduling a file review here in 1ilmington for you
to see w"iat information you maybe most interested in and make any copies or scars you'd lik:-. Alternative+y, yeu
can ei4ect to have the entire file scanned at your expense at a nearby copy shop.
Christine Hall
Environmental Engineer
Division of Energy, Mineral and Land Resources - State Stormwater Program
Department of Environmental Quality
910 796 7215 office
910 796 7335 direct
christira. hallo-ncdenr.goov
127 Cardinal Drive Ext.
vvilmmgton, NC 28405
From: J H KINDT [mailto:[e-mail]]
Sent: Thursday, March 19, 2020 5:10 PM
2

0
To: Hall, Christine <[e-mail]>
Subject: Re: [External] Re: SW 971226, The Landing @ Southport
caunaaq�l
Ok - Thanks Christine.
email as an attmhn*.nt w
Is it possible to get a digital copy of the permit file for the subdivision or do I need to go by the office. If
office visit required, could I get same info at the Raleigh office?
Thanks in advance for your help.
John Kindt
On Thu, Mar 19, 2020 at 5:06 PM Hall, Christine <Christine.Hal l!alncdenr.g,ov> wrote:
I'm sorry for the delay. You were correct, open slatted wood decking is not considered to be a built -upon area /
impervious surface. For the buildings, only the footvrint. exter^or of any su,2ports viould 5e used to determine the
amount of buiit-upon area.
From: J H KINDT [mailto:[e-mail]
Sent: Monday, March 16, 2020 4:36 PM
To: Hall, Christine <[e-mail]>
Subject: [External] Re: SW 971226, The Landing @ Southport
3

Thanks for the quick response Christine!
Just to clarify a few talking points from our call, you said wood decking/walkways also do not count toward
impervious calculations. Also you mentioned the building foundation is what is used also in calc's rather
than eaves/drip edges of rooflines?
Again, thanks for taking your time --
John Kindt
On Mon, Mar 16, 2020 at 4:24 PM Hall, Christine <Christine.Hall.c ncdenr.gov> wrote:
Mr. Kindt,
As promised, attached is a copy of the 2000 permit in which Section 15.a. says that the water surface of a
swimming pool is not considered part of the BUA. Hopefully, this was recorded in the restrictive covenants
this way.
You had also asked about the definition of built -upon area, that can be found in G.S. 143-214.7(b2) which is
also attached.
Another resource you might find helpful could be Chapters A-4 and E-2 of the stormwater design manual,
which can be found on this website.
Please let me know if I can be of additional assistance.
4

Christine Hall
Environmental Engineer
Division of Energy, Mineral and Land Resources — State Stormwater Program
Department of Environmental Quality
910 796 7215 office
910 796 7335 direct
c, . -istine. hall 'L%ricden �.qov
127 Cardinal Drive Ext.
Wilmington, NC 28405

Zorda, Garrett D
From: Zorda, Garrett D
Sent: Monday, November 18, 2019 5:02 PM
To: [e-mail]
Cc: Georgette Scott ([e-mail])
Subject: The Landing at Southport (SW8 971226) - Inquiry
Good Afternoon Mr. Graves,
I believe you spoke with my supervisor, Georgette Scott, last week regarding a swale within the subject project. She has
asked me to follow-up with you regarding this inquiry. I understand that you would like to meet and discuss a potential
modification to a swale within the permitted area. If you would like to come in to the Wilmington Regional Office with a
set of plans that we can go over, I can certainly set up a meeting this week. Otherwise, I would not be able to meet on -
site until the first week of December at the earliest. Let me know what you would like to do and I can propose some
dates and times.
In the meantime, could you provide me with a little more detail of the swale in question, particularly its location, why a
change is proposed and the recommendation from CAMA (if available), so that I am able to do a little bit of research
prior to discussing it? Any information you can provide would be very helpful and much appreciated. If a brief call would
be easier than replying via email, please feel free to give me a call tomorrow.
Thanks,
Garrett Zorda
Environmental Engineer
Division of Energy, Mineral and Land Resources — State Stormwater Program
Department of Environmental Quality
910 796 7215 office
910 796 7345 direct
garrett.zordaCa)_ncden r.aov
127 Cardinal Drive Ext.
Wilmington, NC 28405
Nothing Compares
Email correspondence tc and from this aw'dress is subjec" to the
iVorth Carolina Put h`j Rerc: ds Law and fray be. disclosed to ;gird riarties.

Scott, Georgette
From: David Graves <[e-mail]>
Sent: Friday, November 15, 2019 12:40 PM
To: Scott, Georgette
Subject: [Exterra!; phone conversation yesterday
f n External ernall. Do not click sinks or open attachments unless you verify. Send all suspicious email as an attachment to
reaort,spamtAnc.rvoir _
Hello Ms. Scott,
Thank you for speaking with me yesterday and the follow-up voicemail. I look forward to hearing from you next week.
Best Regards,
David Graves
President of the Board of Directors,
The Landing at Southport, CSA
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" LeWs,Linda
From: Lewis,Linda
Sent: Tuesday, March 01, 2016 12:02 PM
To: 'Phil Norris'
Cc: Scott, Georgette
Subject: RE.- Lots 5 and 6, the Landing, SW8 97122E
Phil:
See my comments embedded in 0beiow.
If you have further questions, please let me know.
Linda
From: Phil Norris [mailto:[e-mail]]
Sent: Wednesday, February 17, 2016 3:59 PM
To: Lewis,Linda <[e-mail]>
Subject: Lots 5 and 6, the Landing, SW8 971226
Linda,
Hope you are well! We have been asked by the owners of lots 5 and 6 in The Landing in Southport to determine what
they can and cannot do regarding runoff from their lots. We have attached the permitted Houston and Associates plan
sheet 3 of 16 which shows the lots. You will see that there is a Swale labeled as "Back Lot Swale" to the rear of lot 6. It
is our understanding that the swale is intended to collect off -site runoff and direct it into the roadside ditch along NC
211 to prevent offsite from entering the permitted stormwater system. Is this your understanding?
No. The Landing at Southport is an overall low density project with curb outlet swales and with 3 wet detention
ponds. This means that not all of the runoff from the subdivision lots is required to be collected to one of the wet
ponds. At a minimum, the collected road runoff needs to be treated in a wet pond, but where there is no collection
system, the curb outlet swales are designed to treat the road runoff plus any.iot runoff that happens to drain that
way. The "Back Lot Swales" you see are not necessarily there for the sole purpose of bypassing offsite runoff, but also
serve to provide a drainage outlet for those lots that are not part of a pond's drainage area.
You will also see a curb inlet on the south side of "Road A" located on the lot line between lots 5 and 6. It is our
understanding that this is part of the onsite stormwater collection system that directs runoff to Detention Pond #3. In
reading the permit documents it appears that each lot has an impervious allocation of 5,500 square feet. It is our belief
that any runoff from impervious surfaces on lots 5 and 6 must be directed to a permitted feature, in this case Detention
Pond #3. Is this your understanding?
Again, no. The subdivision is overall low density and each lot is limited to 5500 sf. Because of the overall low density, the
approved drainage area for Pond #3 only includes the first 20' of lots 5 & 6. The rest of the lot (and it's BUA) must drain
to the back of the lot into that "Back of Lot Swale". Wet Pond #3 is only designed to treat a very small portion of the
runoff from Lots 5 & 6, i.e., the front 20'. If more than the runoff from the first 20' o`' Lots 5 & 6 is being piped into the
street catch basin/piping network, then the permit will need to be modified to add Lots 5 & 6 to the drainage area of
Pond #3 and Pond #3 will need to be redesigned for that additional DA and. BUA.
1

The reason we are asking these questions is that current owners of lots 5 and 6 have been told by the HOA that they
cannot direct runoff from their lots into the above mentioned curb inlet system because it would be a violation of the
State Stormwater Permit. It appears to us that in order to comply with the State Stormwater Permit, they must direct
runoff from their lots into the stormwater collection system that conveys it to the permitted treatment system. Is this
your understanding?
No. Pond #3 is NOT designed to acceot rursoifi from Lots 5 & 6. in order to comply with the permit, t"iose lots must direct
their runoff away from the street storryiwater collection system. Othem!ise, the permit wi!I need tc bE modified; ie bring
Lots 5 & 6 into the pond's DA.
In the past, the owners of lots 5 and 6 created a shallow swale along their common lot line and connected that swale
into the back of the above mentioned curb inlet with a short piece of stormdrain. This worked well and directed runoff
from the impervious surfaces on their lots into the stormwater collection system. The HOA has plugged that connection
which has resulted in a backup of surface water on the lots and in large rain events almost spilled over into the "Back
Lot Swale" which we believe would be a violation of the current permit.
I -,e owners of Lots 5 & 6 need to grade their lot to drain into the Back Lot Sv1,ale. That is not F, violation of the current
overa!I low density permit.
The owners of lots 5 and 6 want to first know if there is any reason that you know of that would cause them not to be
able to drain their lots into the stormwater collection system and secondly, if they do not convey their runoff into the
stormwater collection system will they be in violation of the state permit.
The area, of Lots 5 & 6 is NOT part of the permitted drainage are4 of Pond #3, Aso they are not allowed to direct their
runoff into the street's piped collection system. Otherwise, the permit will need to be modified to bring Lots 5 & E into
the pond's DA.
We would appreciate your response as soon as you are able to look into this matter. Please call or email me with any
questions you may have.
Thank you,
Phil

Lewis,Unda
From: Lewis,Linda
Sent: Monday, February 22, 2016 8:41 AM
To: Scott, Georgette
Subject: FW: Lots 5 and 6, the Landing, SW8 971226
Attachments: THE LANDING SHEET 3 OF 16.odf
Welcome back. I have since found out that Trentt lames did a site visit a few weeks ago because another site upstrearn
of this one that was pumping their water onto these lots. These lots are the low point in the entire subdivision. Trentt
was able to stop that direct pumping, but the lot owners apparently took him up on his advice to discuss the situation
with an engineer (Phil Norris). t1411 A
Linda
From: Phil Norris [mailto:[e-mail]] CAI &eZ L�J 001e
Sent: Wednesday, February 17, 2016 3:59 PM drN2
To: Lewis,Linda <[e-mail]> 0'
Subject: Lots 5 and 6, the Landing, SW8 971226 sirhl"`�.ry� �'. S,
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Linda, 00
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Hope you are well! We have been asked by the owners of lots 5 and 6 in The Landing in Southport to determine what
they can and cannot do regarding runoff from their lots. We have attached the permitted Houston and Associates plan
sheet 3 of 16 which shows the lots. You will see that there is a swale labeled as `Back Lot Swale" to the rear of lot 6. it
is our understanding that the swale is intended to collect off -site runoff and direct it into the roadside ditch along NC
211 to prevent offsite from entering the permitted stormwater system. Is this your understanding? NU
You will also see a curb inlet on the south side of "Road A" located on the lot line between lots 5 and 6. It is our
understanding that this is part of the onsite stormwater collection system that directs runoff to Detention Pond #3. In
reading the permit documents it appears that each lot has an impervious allocation of 5,500 square feet. It is our belief
that any runoff from impervious surfaces on lots 5 and 6 must directed to a permitted feature, in this case Detention
Pond #3. Is this your understanding? Al gy p. dOc,v-4 # 3 0,1 t� 14cfaJe i -t*:� X�u4
0&,z/l Q) — rxifalt f,:0v,*
The reason we are asking these questions is that current owners of lots 5 and 6 have been told by the HOA that they �%. b
cannot direct runoff from their lots into the above mentioned curb inlet system because it would be a violation of the be
State Stormwater Permit. It appears to us that in order to comply with the State Stormwater Permit, they must direct 601/ei-4
runoff from their lots into the stormwater collection system that conveys it to the permitted treatment system. Is this
your understanding? 00
In the past, the owners of lots 5 and 6 created a shallow swale along their common lot line and connected that swale
into the back of the above mentioned curb inlet with a short piece of stormdrain. This worked well and directed runoff
from the impervious surfaces on their lots into the stormwater collection system. The HOA has plugged that connection
which has resulted in a backup of surface water on the lots and in large rain events almost spilled over into the Back
%
Lot Swale" which we believe would be a violation of the current permit. aid hC4- Q&-r' J'q LVC- fU �GGP�d1�
The owners of lots 5 and 6 want to first know if there is any reason that u know of that would cause them not to be
able to drain their lots into the stormwater collection system and secondl , if they do not convey their runoff into the
stormwater collection system will they be in violation of the state permit.
i

We would appreciate your response as soon as you are able to look into this matter. Please call or email me with any
questions you may have.
Thank you,
Phil

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Lewis,Linda :56uy 9q /ZZ G
From: Lewis,Linda
Sent: Tuesday, October 02, 2012 9:29 AM
To: 'lindawiliisl @earthlink.net'
Subject: RE: Measuring Building Plans for Compliance
I spoke with a field rep for DCM and we've determined that there are 4 lots which have a portion of their area
within the estuarine AEC, i.e., within 75 feet of the water. They would be the 4 lots which are right on the river
adjacent the amenity center/boat ramp, at the end of Pebble Shore Lane, accessed via Inlet Watch Drive and
Lookout Point Drive.
Based on the approved stormwater plans, these lots are identified as #141, 145, 146 and 147. These 4 lots
would be subject to DCM's built -upon area calculation method of extending the roof overhangs straight down to
the ground and counting that area as BUA.
If your lot is not on the water, then normal roof overhangs of 24" or less are not counted against the lot's BUA
allocation. Anything more than 24", or if it's an extended roof area that covers a deck or patio, then it must be
counted as BUA. Per the renewed permit issued on June 21, 2010, each of the 147 lots is limited to a
maximum of 5,500 square feet of built -upon area.
I hope that addresses your questions. If you have further questions or concerns, please do not hesitate to
contact me.
Linda Lewis
NC Division of Water Quality
127 Cardinal Drive Ext.
Wilmington, NC 28405
910-796-7215
E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may
be disclosed to third parties.
From: linda willis[mailto:lindawillislCabearthlink.netl
Sent: Monday, October 01, 2012 3:16 PM
To: Lewis,Linda
Subject: RE: Measuring Building Plans for Compliance
Ms Lewis here is our permit numbe (SW8 97122�The Landing at Southport) can you tell me which
categorie we are in?
Linda
----- Original Message -----
From: Lewis.Linda
To: [e-mail]
Sent: 10/1/2012 3:08:24 PM
Subject: RE: Measuring Building Plans for Compliance
It depends on whether or not the lot is in a CAMA Ocean Hazard Area or Estuarine Area. The Division
of Coastal Management (DCM) measures the built -upon area (BUA), i.e., non -permeable, on lots
within those areas to include the building eave line extended straight down to the ground. In other

areas, it is measured to the foundation. However, large eaves (3? or more) should be included as built -
upon area (non -permeable area)
Linda Lewis
NC Division of Water Quality
127 Cardinal Drive Ext.
Wilmington, NC 28405
910-796-7215
E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law
and may be disclosed to third parties.
From: linda willis I'mailto:lindawillisi(dearthlink net]
Sent: Monday, October 01, 2012 2:32 PM
To: Lewis,Linda
Subject: Measuring Building Plans for Compliance
Ms Lewis
When we are determining non -permeable area to comply with the permit do we measure the
roof area or the foundation as the examples only show a building with no eaves. Do we
include the eaves in the total area of the home..
Linda Willis
910-454-9454
linda willis
lindawillis1 @earthlink.net
EarthLink Revolves Around You.

East Moore Street, Southport, NC - Google Maps
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10/2/2012

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Cox, David
From: alan lorish [[e-mail]]
Sent: Tuesday, January 12, 2010 1:12 PM
To: [e-mail]
Subject: Stormwater Issue
Attachments: Storm Water Outlet[1].pdf, 1 st page[1].pdf
Mr. Cox as you know in the past we previously discussed stormwater issues on my lot 5 within the Landing
Subdivision in Southport. The reason for my phone call is that I have discovered the attached document (broken
into two separate pages because this is how I received them) that has a paragraph that I believe pertains to my
property. See paragraph 5 on second page and reference to "stormwater pond #3 being redesigned for what I
believe is to allow solely runoff from lots 5 and 6 to stormwater pond #3. My question is simple, if this action
was completed doesn't this allow the catch basin in Navigator Way between my lot and lot 6 to be stubbed out
to allow flow to the pond? It reads as though the pond was to be redesigned to that effect. The offsite runoff was
to bypass the pond. .I would really appreciate your phone call or response. Many thanks.

HO S`f! ON and ASSOCIATES, PJL
C ultY� E ue-=
SHALL iTE, NORM CAROLMA - 28459.
Telephone [phone] Pine Street
Facsimile [phone] Post Office Box 527
7Ue$day, Janurr Y 30, 2001
M5- XaCZ-- to theraa, 1tv1==Men aMd n
Division of Water Quality
NC .Department of Environment and Natural. Resources
127 Cardinal Drive Extension
Wilmington, North Carolina 28405
Subject: The handbag at Southport, prase JU.
SW8 971226 MOD Notice of Violation
Plan of Action
Dear Ms, Lutheram.:
We received a copy of the Notice of Violation and Recommendation for
Enforcement on January 15, 2001, Since that time, Mr. Fred 'Ward of
bluegreen and: myself have been in contact with you separately regarding this
matter and the three of us met at the site. yesterday.
The purpose of this letter is to outline a Plan of Action in response to the
Notice of Violation letter and to update you on the ongoing efforts of bluegreen
Corporation to bring this project into compliance with the subject permit,
Mier the initial visit on January 10, 2001, you visited the project again on
Fdday, January 19, 2001 and you witnessed the remedial construction efforts
underway on the stormwater infrastructure.
. As an overall statement relating to the client's intent regarding this
matter, bluegreen fully intends to immediately address all issues contained
within the letter dated January 12, 2001.
This letter will respond, in the same order, to each of the items of
deficiency listed within your letter. The specific item responses are as follows:
1. SW1, SW2, SW3, SW4, SW7, SW8, and SW9 are under construction such
that the pipe is being removed and the swales installed according to the
approved '!plans. SW10, at Lot 137, is going to be constructed in
accordance with the approved plans. ft is necessavy for the client to
obtain an easement from the current lot owner since the lot was conveyed
prior to recording an easement. Our site visit confirmed that the Swale
could be constructed as designed with minimal impact on the lot.
2. 1) The parking lot swale will be regraded to allow the runoff' from the
parking lot to be treated by the swale. if necessary, the pavement
grade will be modified to ensure that runoff is directed into the proper
swale for treatment as indicated on the approved plans.
2) Our firm is currently investigating alternatives to address this
problem. One alternative, to connect the swale to the outlet
structure of Pond #1, appears to be the most feasible at this time. We
are also exploring infiltration and increasing the size of Pond # 1 to
accept the water for treatment.

,utheran Page Two Si' S 971125 MOD
nary 30, 2001 x l€an-itf Action
3) a) Inspection of all swales and ponds has been completed and
periodic inspection will be performed in accordance with the
permit conditions from this point forward. The homeowners
association will be made aware of this very important issue when
responsibility for maintenance is transferred to the POA from the
developer.
b) Sediment removal has been performed.
c) Maintenance of. the vegetation is being performed and will
continue.
d) Side slopes of ponds are being repaired.
e) Side slopes of ponds are being regraded where necessary and
revegetated.
f) The outlet devices on all ponds are being inspected, cleaned and
repaired.
4. I) This project will receive the proper professional certification when all
construction is complete and these issues are resolved between your
department and the developer.
5. 1) It is my understanding from the client that the deed restrictions have
been forwarded to your office again..
In addition to the items listed within the NOV letter; it was discovered
during yesterday's site visit that SWG had not been installed as designed.. The
curb outlet system was combined with offsite stormwater. The offsite portion
was designed and approved to bypass the Swale. Our proposed solution is that
Stormwater Pond #3 will be redesigned to include the runoff, which was to have
been treated by SW£, and the offsite stormwater will bypass the redesigned
pond.
All work, will be completed by March 30, 2001.
We appreciate your attention in this matter. Should you have any
comments or require any additional information, please do not hesitate to
contact our office at your convenience.
.D..,�� P &
pc: Mr. Fred Ward, bluegreen
., File; 97-0134 (Me Landing at Southport, SW Certification)

Dear Mr. Edwards:
Please find attached a copy of the completed form entitled "Stormwater Compliance Inspection
Report". The report summarizes the findings of a recent inspection of the projects stormwater
controls conducted on September 29, 2008 to determine compliance with Stormwater Permit
Number SW8 971226 issued on April 4, 2004.
If you have any questions please contact me.at the Wilmington Regional Office, telephone
number [phone].
Sincerely,
;f
f
David Cox
Senior Environmental Specialist
ENB/arl: S:kWQStST,DRIVIV A'RINSPEC11979226.octO8
cc: Jay Houston, P.E.
Wilmington regional Office
David Cox
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North Carolin Division of Water quality 127 Cardinal Drive Extenmun Wilmington, NC 28405 Phoae [phone] Customer sarvica
Wilmington R40na1 offica Interaet: ygw�v ngyyatrrquali ..ore Fox [phone] 1-877-423-6748
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Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
October 2, 2008
Mr. David Edwards, V.P.
Bluegreen Corporation
1829 Zion Hill Rd.
Bolivia, NC 28422
NOTICE OF INSPECTION
The landing @ Southport
Stormwater Project No. SW8 971226
Brunswick County
Dear Mr. Edwards:
Coleen H. Sullins Director
Division of Water Quality
Please find attached a copy of the completed form entitled "Stormwater Compliance Inspection
Report". The report summarizes the findings of a recent inspection of the project's stormwater
controls conducted on September 29, 2008 to determine compliance with Stormwater Permit
Number SW8 971226 issued on April 4, 2000.
If you have any questions please contact me at the Wilmington Regional Office, telephone
number [phone].
Sincerely,
- J, -
David Cox
Senior Environmental Specialist
ENB/arl: S:IWQSISTQRMWAT\.INSPECT1971226.oct08
cc: Jay Houston, P.E.
Wilmington Regional Office
David Cox
N00%Carolina
rNU&Cll1'&
North Carolina Division of Water Quality 127 Cardinal Drive Extension Wilmington, NC 28405 Phone [phone] Customer Service
Wilmington Regional Office Internet: www ncwaterquality ore Fax [phone]
An Equal Opportunity/Affirmative Action Employer— 50% Recycled110% Post Consumer Paper

The Landing @ Southport
October 2, 2008
Permit # SW8 971226
STORMWATER COMPLIANCE INSPECTION REPORT
Project Name: The Landing @ Southport
Project Number: SW8 971226
Water Body: Cape Fear
Control Measure:
Classification: "SC"
Directions to site, address: 6199 Navigator Way
2. Inspection Date: September 29, 2008
Weather Conditions: Sunny
3. Compliance Issues:
Wet Pond
Y N
®❑ The drainage area (including offsite) and built -upon area to the permitted
system are per the approved plan.
®❑ All the built -upon area associated with the project is graded such that the
runoff drains to the system.
®❑ For ponds/infiltration, the outlettbypass structure relative elevations are
per the approved plan. (Must be verified via as -built survey if in question).
®❑ The inlets and outlet structure are located per the approved plans and do
not cause short-circuiting.
®❑ A trash rack is provided over the outlet weir and orifice.
N ❑ All slopes are grassed with permanent vegetation and are not eroding.
®❑ Vegetated slopes are no steeper than 3:1.
®❑ The approximate amount of permitted surface area has been provided.
(Must be verified via as -built survey or designer's certification.)
®❑ Required drawdown devices are correctly sized per the approved plans.
®❑ All required design depths are provided.
IN ❑ All required parts of the system are provided, such as a vegetated shelf,
and a forebay.
®❑ The designer's certification has been submitted.
®❑ The required deed restrictions are correctly recorded and submitted.
®❑ The number of lots or outparcels is per the permitted amount.
®❑ The built -upon area on the lots or outparcels does not exceed the
maximum amount (must be verified via as -built surrey if in question)
®❑ The built -upon area dimensions are per the approved plan.
®❑ Required maintenance is being performed.
2 of 3

The Landing @ Southport
October 2, 2008
Permit # SW8 971226
4. Required Actions: (Each deficiency is explained below and what needs to be
done to bring the system back into compliance)
1. A follow-up inspection was performed on September 29, 2008 and all
compliance issues that were listed in the inspection report issued on June 24,
2008 have been resolved.
Inspector: David Cox
Water QualityMilmington Regional Office/[phone]
ENB/dwc: S:IWQSISTORMWATIINSPECT1971226.oct08
3of3

bluegreene
C O M M U NIT I t
David Cox NCDWQ
127 Cardinal Drive Ext.
Wilmington, NC 28405
Dear David:
This letter is in reference to your inspection letter date June 24, 2008 for the Landing in
Southport. Bluegreen Corporation and the Landing POA have completed all the items
listed in the inspection report.
We hereby request that you perform a final inspection to verify that the items were
completed and the system is in compliance.
Sin ely,
. David Edwards
VP of Operations
5229 Old Graham Road Pittsboro, NC 27312
P [phone] F [phone]
SEP 2 4 Z008

Bluegreen Carolina Lands, LLC
4960 Conference Way North Suite 100 Boca Raton, FL 33431
September 5, 2008
Kimberly L. Moore
Johnson & Moore, P.A.
1424 N. Howe Street
Southport, NC 28461
Dear Kimberly:
We are in receipt of your letter dated August 26, 2008 conceming the drainage issue on lot 5
at The Landing in Southport.
The Stormwater system at The Landing was installed inspected and certified as per design
and permit issued by NCDWQ. The drainage box that was installed between lots 5 and 6 did not
include the pipe that extends between lots 5 and 6 presently. NCDWQ performed a routine site
inspection of the system and discovered the pipe that had been illegally installed by someone. They in
turn contacted Bluegreen and the POA requiring us to immediately seal the pipe as the pipe was not
part of the approved plan. Therefore, Bluegreen and the POA sealed the illegally installed pipe as per
our instructions from NCDWQ.
Neither Bluegreen nor the POA is responsible for flooding on either of the aforementioned lots.
7
Since y,
Dad Ed
Vice President Operations
Bluegreen Carolina Lands, LLC
CC: R. Thomas Powers
Terrell Jones
Fred Ward
Bill Chase
David Cox NCDWQ

Fax sent by ; 9104576266 JOHNSON&MOORE PA 68-26-68 14:19 Py: 1/1
EDWARD A. "TED" JOHNSON II
ATTORNEY AT LAW
JOHNSON & MOORE, P.A.
1424 N. HOWE STREET
SOUTHPORT, NG 28481
PHONE: [phone]+ FAX: (910) 4P-MG
August 26, 2008
VIA CERTIFIED K-UT , RE I URN RECRIPT REQUESTI 1)
Bluegreen Carolina Lands, LLC
4960 Conference %Vay North
Saute 100
Boca Raton, FL 33431
Re: Lot 5, Phase 1, The Landing, Southport, North Carolina
Dear Sir or Madame:
K)MBERLY L. MOORE
ATTORNEY AT LAW
This law firm has been retained by Alan Lorish, Jr. and Carmen Lorish ("Mr. and Mrs.
Lorish") with respect to an issue that has arisen with their property at the Landing in Southport,
North Carolina. Bluegreen Carolina land, Inc. was the developer of the property_
According to a map recorded in Map Cabinet 19, Page 520, Brunswick County Registry, Mr.
and Mrs. Lorish's property contains a portion of a thirty foot drainage easement on its border with
Lot 6. bar. and Mrs. Lorish constructed their residence and designed their drainage for their home
based upon this drainage easement. The easement ends at the road with a pipe underneath the road
ultimately leading to a drainage pond. Bluegreen Carolina Lands, LLC as the successor in interest to
Bluegreen Carolina land, Inc. is in time process of turning over the stormwater permit to the
Landings homeowners' association. Recently, Bluegreen Carolina blocked the drainage pipe by
sealing it with cement.
Mr. and Mrs, Lorish's residence was constructed and designed with this drainage easement in
mind. All of their drainpipes and such end on that portion of the property. Bluegreen Carolina has
now blocked the only outlet for Mr. and Mrs. Lorish's surfacewaters. You are hereby put on notice
that Mr, and Mrs. Lorish are holding Bluegreen Carolina responsible for any and all damages
resulting to their home and property from Bluegreen's elimination of the only outlet for Mr. and
Mrs. Lorish's surface waters,
Given that this is hurricane season, Mr. and Mrs. Lorish axe gravely concerned about the
potential harm which may tonne to their property due to Bluegreen's actions. We believe that this is
a situation that Bluegreen must immediately r". olve and remedy before harm comes to Mr. and Mrs.
Lorish's property_
fJSON MO RE, P.A.
im e

Pagel of 3
From: alan lorish
To: [e-mail]
Date: 6/29/2008 12:44:40 PM
Subject: Fw: RE: NC Ditch in Southport NC
Albert, here is a copy of the note I sent Anythony Law.
I feel discouraged about it all in that it has been two years of "nothing being done". I don't know if
Bluegreen screwed this one up or not but I know what is there is not right.
Maybe I can ask Governor Easley to take a walk over to my house during the next heavy rain.
(I am really starting to think about purchasing a "24" cap and installing it myself in the NC 211 ditch.)
Alan Lorish
--- On Sun, 6/29/08, alan lorish <alanlorish a�yahoo.com> wrote:
From: alan lorish <[e-mail]>
Subject: RE: NC Ditch in Southport NC
To: "Law, Anthony W" <[e-mail]>
Date: Sunday, June 29, 2008, 12:10 PM
Mr. Law,
I got back to VA yesterday and now have the report you mentioned. (I am certain I have not
seen this before.) I do want to alert you again that the problem occurred again last weekend
when we received about 5 inches of rain one morning. Water from the NC 211 ditch
backflowed out of the ditch from the 24" crossover pipe across the rear of my property and
flooded Lots 6 and portions of 5 (my lot). If someone could just please understand this fact
then they would realized that the 9/27/06 report you provided where it discusses how my
property drains is absolutely false when it states in the third paragraph of page one ...... The
other end of ditch drains to the NC 211 roadway ditch through an 24" plastic pipe." This
does not occur and this backflow was actually seen by first NC rep. who visited the site when
this all began.
In my opinion the main point that seems to be missed in your study is that the pipe that crosses
the rear of my property could never have the push to drain anything into the NC 211 ditch as
now designed and the water from that ditch coming onto Lots 5 and 6 causes huges problems in
heavy rains that the state refuses to do anything about. If no one can propose a good solution I
file://C:\Documents and Settings\Al\Local Settings\Temp\D722905B-B800-451 C-13317-45... 7/9/2008

Page 2 of 3
will do what was once suggested by Bob Grant (no longer employed by City of Southport)...
block the flow of water from NC 211 ditch into pipe that crosses my property. The swale
between lots 5 and 6 I believe can handle the normal runoff off of our lots but not with NC 211
ditch overflow.
Mr. Law I am sorry if I seem persistent on this issue but I am sure what is occurring is not
correct and if it was your home you would be equally frustrated with the inaction. Before
starting another writing campaign could we discuss this on the phone. Perhaps you will say none
of it is the responsibility of the state although I have pointed in your direction. Can you call me
at your convenience my cell is 703-975-7034? I appreciate you attention to this matter.
Thank you.
Alan Lorish
6205 Navigator Way
Southport NC
--- On Mon, 6/9/08, Law, Anthony W <adana acdot gov> wrote:
From: Law, Anthony W <[e-mail]>
Subject: RE: NC Ditch in Southport NC
To: "alan lorish" <[e-mail]>
Date: Monday, June 9, 2008, 3:14 PM
Mr. Lorish,
Good afternoon. We received a review letter from our Hydraulics Unit in October 2006 related
to your concerns of the drainage features within the NCDOT right of way. A copy of the letter
was to have been mailed to you at that time. Per your email, it is evident that you have never
received a copy of the correspondence. I will be glad to send another copy to your address.
Please provide a current address for us to send the letter to your attention. Once you have had
the opportunity to review the letter from the Departments Hydraulics Unit, feel free to give me a
call to discuss.
Thank you,
From: alan lorish [mailto:[e-mail]]
Sent: Saturday, May 31, 2008 12:39 PM
To: Law, Anthony W
Subject: NC Ditch in Southport NC
Mr. Law,
As the hurricane seasons starts again it reminds me that, I hope all is well with you and
you haven't forgotten me. It has been about two years since we discussed the Moore
Street ditch drainage problem behind my house (Lot 5, Landing Subdivision, Southport
NC) and how the water does not flow as designed (but backflows into a stormwater pipe
file://C:1Documents and Settings\AllLocal Settings\Temp1D722905B-B800-451C-B317-45... 7/9/2008

Page 3 of 3
across my lot and into a swale area), causing problems.. As you know we have been
lucky with hurricanes since 2005 but this will clearly still be a problem when heavy
rains ensue.
(I doI recall a Sunday morning last year when Southport receive heavy rain, in little time
the ditch filled up and the water again poured back into the stormwater pipe, so it is just
a matter of time unless something is done to resolve it.)
I recall you were going to have an engineer look at the issue, because you stated what
had been done there was a mess given the multiple feed ins and grade of ditch.
Can you give me an update on this and whether it is still on someone's radar scope to
pursue the problem?
Many thanks,
Alan Lorish
6205 Navigator Way
Southport NC
cell 703-975-7034
f.le://C:\Documents and Settings1A11Local SettingslTemp1D722905B-B800-451C-B317-45... 7/9/2008

Michael F. Easley, Governor
�'o, W A TERpG
r
Mr. David Edwards, V. P.
bluegreen Corporation
1829 Zion Hill Rd.
Bolivia, NC 28422
NOTICE OF INSPECTION
The Landing @ Southport
Stormwater Project No. SW8 971226
Brunswick County
Dear Mr. Edwards:
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
June 24, 2008
Coleen H. Sullins, Director
Division of Water Quality
Please find attached a copy of the completed form entitled "Stormwater Compliance Inspection
Report". The report summarizes the findings of a recent inspection of the project's stormwater,
controls conducted on June 17, 2008 to determine compliance with Stormwater Permit
Number SW8 971226 issued on April 4, 2000.
The required actions that are necessary to bring this site into compliance are noted under
Section. 4 of the report. Please inform this Office in writing before July 24, 2008, of the specific
actions that will be undertaken and the time frame that will be required to correct the
deficiencies. Failure to provide the requested information, when required, may initiate
enforcement action. If you have any questions please contact me at the Wilmington Regional
Office, telephone number [phone].
Sincerel ,
Davie! Cox
Environmental, Specialist
ENB/dwc: S:IWQSISTORMWA-RINSPECT1971226.jun08
cc: Jay Houston, P.E.
Glen Gaydos, (HOA)
Wilmington Regional Office
David Cox
l'o ` Carolina
�t �
North Carolina Division of Water Quality 127 Cardinal Drive Extension Wilmington, NC 28405 Phone [phone] Customer Service
Wilmington Regional Office •-- -
Fax [phone]
An Equal Opportunity/Af iirmadve Action Employer— 50% Recycled/10% Post Consumer Paper

STORMWATER COMPLIANCE INSPECTION REPORT
Project Name: The Landing @ Southport
Project Number: 971226 Control Measure: Wet Detention
Water Body: Cape Fear Classification: "SC"
Directions to site, address: 6199 Navigator Way
2. Inspection Date: June 17, 2008
Weather Conditions: Sunny and Dry
3. Compliance Issues:
Y N
®❑ The drainage area (including offsite) and built -upon area to the permitted
system are per the approved plan.
®❑ All the built -upon area associated with the project is graded such that the
runoff drains to the system.
®❑ For ponds/infiltration, the outlet/bypass structure relative elevations are
per the approved plan. (Must be verified via as -built survey if in question).
®❑ The inlets and outlet structure are located per the approved plans and do
not cause short-circuiting.
❑ ® A trash rack is provided over the outlet weir and orifice.
❑ ® All slopes are grassed with permanent vegetation and are not eroding.
®❑ Vegetated slopes are no steeper than 3:1.
®❑ The approximate amount of permitted surface area has been provided.
(Must be verified via as -built survey or designer's certification.)
®❑ Required drawdown devices are correctly sized per the approved plans.
❑ ® All required design depths are provided.
®❑ All required parts of the system are provided, such as a vegetated shelf,
and a forebay.
❑ ® The designer's certification has been submitted.
®❑ The required deed restrictions are correctly recorded and submitted.
®❑ The number of lots or outparcels is per the .permitted amount.
®❑ Curb outlet swales are constructed, located properly, are 100' long and
have dense vegetated cover.
®❑ The built -upon area dimensions are per the approved plan.
®❑ Required maintenance is being performed.
4. Required Actions: (Each deficiency is explained below and what needs to be
done to bring the system back into compliance)
1. Pond Three appears to have sediment accumulation in the holding
pond. Please investigate the pond depths.

2. Pond Two appears to need reseeding on the pond slopes.
3. Pond One needs to have the orifice repaired, the screen tip appears to
have been broken off at the end of the pipe.
4. Some 5:1 swales appeared to be stable with minimal vegetation
please continue to monitor the situation.
5. This office has not received the designers certificates for the detention
ponds associated with this development. If the certifications have
already been completed please provide copies for our files.
Inspector: David Cox
Water Quality/Wilmington Regional Office/[phone]
ENB/dwc: S:IWQSISTORMWATIINSPECT1971226.jun08

The Landing @ Southport
Brunswick County
Stormwater Project No. SW8 971226
Designer's Certification
I, , as a duly registered in
the State of North Carolina, having been authorized to observe (periodically / weekly /
full time) the construction of the project,
(Project)
for (Project Owner) hereby state that, to the
best of my abilities, due care and diligence was used in the observation of the project
construction such that the construction was observed to be built within substantial
compliance and intent of the approved plans and specifications.
Required Items to be checked for this certification to be considered complete are on
page 2 of this form.
Noted deviations from approved plans and specifications:
SEAL
Signature
Registration Number
Date
cc: NCDENR DWQ Regional Office
Brunswick County Building Inspector

The Landing @ Southport
An inspection performed on June 24, 2008 revealed that a pipe has been added to part of
the swale running behind lots 5 & 6. Due to the utility easement containing a force main
within its boundaries this pipe is being allowed. David Cox

Note to File:
5/21/2008: Spoke with Al Willis (454-9454) from HOA — he wanted to know if we had
proof of the violation corrections from Bluegreen Corp. so they could complete transfer of
ownership. Advised him only proof we had was the letter from their attorney dated 2003.
They already have that as they did a file review awhile back and copied our records. Says
Bluegreen claims that DWQ made a joint inspection with them and HOA wants hardcopy
of the results. Told him there was nothing indicated in the file (or on BIMS) regarding this.
He says HOA met with Bluegreen last Wednesday and has put the responsibility on them
to provide the proof. Bluegreen is suppose to be contacting DWQ requesting this
inspection information clearing them of violations. Mr. Willis says there is nothing more
that needs to be done at this point. It is in Bluegreen's hands if they want to transfer the
ownership to the HOA.
Jo

Re: SW8 971226 The Landing at Southport
�2
Subject: Re: SW8 971226 The Landing at Southport
From: Linda Lewis <[e-mail]> M
Date: Tue, 11 Mar 2008 14:54:17 -0400
To: [e-mail]
The project will be iii violation of NCGS 143-215.1 (a) (1) and (2) for making an
outlet to waters of the State and operation of a treatment facility, without a
permit. By insurance law, building permits cannot be obtained within a project that
does not have all its required permits.
Linda
Albert Willis wrote:
Ms Lewis
Thank you for
Iexpires
on 30 April
Al Willis
your quick response. What happens when the permit
[Original Message]
From: Linda Lewis <[e-mail]>
To: <[e-mail]>
Cc: Bradley Bennett <[e-mail]>;
Pat Durrett
<[e-mail]>
Date: 3/11/2008 10:16:37 AM
Subject: SW8 971226 The Landing at Southport
Mr. Willis:
Your email concerning additional BUA for your lot
in The Landing Subdivision was forwarded to me by
Bradley Bennett.
The stormwater permit for The Landing is a high
density subdivision with a wet detention pond,
issued to David Edwards and Blugreen Corporation on
April 30, 1998. The permit is set to expire on
April 30, 2008, and will need to be renewed prior
approving any lot BUA changes. Currently a renewal
application has NOT been received and the permit
has NOT been transferred to a third party. It might
1
5/12/2008 11:08 AM

Re: SW8 971226 The Landing at Southport
be possible to arrange with the permittee to
incorporate the changes you need with the submittal
of the renewal application. There are a few options
available for gaining additional BUA on your lot:
1. Have the permittee submit a permit modification
to increase the allowable BUA on your lot. This
will require an appropriate professional to redo
the pond design calculations to demonstrate how the
additional BUA may affect the pond design. The
existing pond may have enough surface area and
volume to meet the requirements as is, or
additional surface area or volume may be needed. A
permit modification is required to document the
increased BUA for your lot and any resultant
changes to the pond. Amended deed restrictions are
also required.
2. You can purchase an additional lot and use some
of it's available 5,500 sq. ft. This will require
that the deed restrictions be amended to document
the reduced BUA for the purchased lot and to
document the increased BUA on your lot. This will
require the approval of the permittee, the HOA and
the Division of Water Quality.
3. You can borrow or buy available BUA from any of
the other lots in the subdivision, subject to the
approval of the lot owner, the permittee and the
HOA. This will require as -built surveys of your lot
and the "donor" lot (or lots if more than 1 lot is
donating or selling) as well as an amendment to the
recorded deed restrictions to document the BUA
changes on both lots.
4. Consider the use of pervious pavement for your
driveway, which can be credited as 60% pervious,
depending on the design and location. This will
require a soils analysis to determine if the site
is suitable for pervious pavement, and the
permittee will need to modify or renew the permit
to include pervious pavement conditions.
That is all we can offer. Please advise if you have
2 of 3 5/12/2008 11:08 AM

Re: SW8 971226 The Landing at Southport
any questions.
Linda
3 of 3 5/12/2008 11:08 AM

RE: SW8 971226 The Landing at Southport
Subject: RE: SW8 971226 The Landing at Southport
From: "Albert Willis" <alwillis 1 @earthlink.net>
Date: Tue, 11 Mar 2008 14:23:07 -0400
To: "Linda Lewis" <[e-mail]>
Ms Lewis
Thank you for your quick response. What happens when the permit expires
on 30 April
Al Willis
[Original Message]
From: Linda Lewis <[e-mail]>
To: <[e-mail]>
Cc: Bradley Bennett <[e-mail]>; Pat Durrett
<[e-mail]>
Date: 3/11/2008 10:16:37 AM I
Subject: SW8 971226 The Landing at Southport
Mr. Willis:
Your email concerning additional BUA for your lot in The Landing
Subdivision was fnrwa,rrded to me by Bradley Bennett.
The stormwater permit for The Landing is a high density subdivision
with
a wet detention pond, issued to David Edwards and Blugreen
Corporation
on April 30, 1998. The permit is set to expire on April 30, 2008,
and
will need to be renewed prior approving any lot BUA changes.
Currently a
renewal application has NOT been received and the permit has NOT
been
transferred to a third party. It might be possible to arrange with
the
permittee to incorporate the changes you need with the submittal. of
the
renewal application. There are a few options available for gaining
additional BUA on your lot:
1. Have the permittee submit a permit modification to increase the
allowable BUA on your lot. This will require an appropriate
professional
to redo the pond design calculations to demonstrate how the
additional
BUA may affect the pond design. The existing pond may have enough
surface area and volume to meet the requirements as is, or
additional
surface area or volume may be needed. A permit modification is
required
to document the increased BUA for your lot and any resultant
1
5/12/2008 11:06 AM

RE: SW8 971226 The Landing at Southport
C
changes to
the pond. Amended deed restrictions are also required.
2. You can purchase an additional lot and use some of it's
available
5,500 sq. ft. This will require that the deed restrictions be
amended to
document the reduced BUA for the purchased lot and to document the
increased BUA on your lot. This will require the approval of the
permittee, the HOA and the Division of Water Quality.
3. You can borrow or buy available BUA from any of the other lots
in the
subdivision, subject to the approval of the lot owner, the
permittee and
the HOA. This will require as -built surveys of your lot and the
"donor"
lot (or lots if more than 1 lot is donating or selling) as well as
an
amendment to the recorded deed restrictions to document the BUA
changes
on both lots.
4. Consider the use of pervious pavement for your driveway, which
can be
credited as 60% pervious, depending on the design and location.
This
will require a soils analysis to determine if the site is suitable
for
pervious pavement, and the permittee will need to modify or renew
the
permit to include pervious pavement conditions.
That is all we can offer. Please advise if you have any questions.
Linda
2 of 2 5/12/2008 11:06 AM

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TRANSACTION REPORT P.01
OCT-23-2007 TUE 08:53 AM
FOR: NCDENR 9103502004
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DATE START RECEIVER TX TIME PAGES TYPE NOTE M# DP lc
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�c OCT-23 08:52 AM 92787178 1'21" 9 FAX TX OK 964 �c
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State of North Carolina
Department of Environment and Natural Resoarm
Wilmiugton Regional Ot%e
Michael F. Easley, Gavernar WRlam G.Ross,'Jj,, Secretary
FAX COVER S$EET
Date: /49
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127 Cardinal Drive Extension, Wilmington, NC 28405 • [phone] • An CgU91 Oppafunity Af nnWvc Action. Eniployor

State of North Carolina
Department of Environment and Natural Resources
Wilmington Regional OMce
Michael F. Easley, Governor
FAX COVER SHEET
Date: /o/Z,310 7
Fax:
Re:
William G. Ross, Jr., Secretary
No. Pages (excl. cover):
From:
Phone: ` 7
Fax: [phone]
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127 Cardinal Drive Extension, Wilmington, NC 28405 • [phone] • An Equal Opportunity Affirmative Action Employer
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Re: The Landing at Southport, CSA Building Project 6111 22
(10
Subject: Re: The Landing at Southport, CSA Building Project
From: "Allan and Corrine" <[e-mail]>
Date: Fri, 18 May 2007 12:17:48 -0400
To: "Linda Lewis" <[e-mail]>
Ms. Lewis:
Thank you very much for the information that you sent us. You said that you would
send a signed copy of the April 2000 permit and an application. I have not yet
received those documents. Is there any chance that I could talk you into
re -sending them?
Thank you,
Allan Rogers
6135 River Sound Circle
Southport, NC 28461
910-454-7430
----- original Message ----- From: "Linda Lewis" <[e-mail]>
To: "Allan and Corrine" <[e-mail]>
Sent: Friday, May 11, 2007 10:47 AM
Subject: Re: The Landing at Southport, CSA Building Project
Mr. & Mrs. Rogers:
The permit number for The Landing at Southport is SW8 971226. It
was
modified and reissued in April, 2000 to Bluegreen and has not been
transferred to the HOA yet. I've attached an unsigned copy of the
permit. I will mail you a signed copy of the permit and the
application
today. I've also attached the necessary form to begin the process
of
transferring the permit to the HOA, a copy of the SWU-102
supplement
form and a copy of the SWU-101 application form.
The permit is a high density permit for 3 wet detention ponds. Any
proposed additional built -upon areas not currently covered by the
permit
or specified in the application will require a modification to the
permit.
At a minimum, the modification would include the application fee of�
$420.00 (regular program) or $4000.00 (Express - please complete
and
submit the attached Express Review request form first), a revised
application form SWU-101, 2 sets of revised layout and grading
plans for
the amenity area, revised, signed, sealed and dated pond design
calculations demonstrating either 1- that the pond as it exists can
handle the 870 sq. ft. of additional built -upon area without the
need to
be modified (no revised supplement form SWU-102 is required if this
is
5/21/2007 3:13 PM

Re: The Landing at Southport, CSA Building Project
the case); or 2- that the pond needs to be modified to accommodate
the
870 sq. ft. of additional BUA (a revised SWU-102 form is required
if
this the case) .
The General Certification referred to is for the wetlands fill
approval
and is not related to the Stormwater permit.
Linda
Allan and Corrine wrote:
Ms. Lewis,
The Landing at Southport would like to enlarge its
amenities area by
about 870 net square feet. We have had several
discussions with the
Southport building inspector about this project.
Just this week, he
sent us to talk with Bob Grant about storm water
issues. As part of
Iour diSCuSsion, Mr. Grant Stated that we should
have a state storm
water permit and said that we would need to contact
you about storm
water issues. (I have looked for a DWQ permit, but
I could not find
one. Tt is likely that B1 iiegreen Corp. who
developed the project did
not turn it over to the homeowners association. I
did find in a LAMA
permit (63-00 issued on 4/18/00) that references a
DWQ permit issued
on 4/4/00, No. SW8971226. There is also another
reference in the CAMA
permit to a DWQ permit issued on 2/3/99 called
General Water Quality
Certification No. 3112, DWQ Project No. 991312.)
How do we proceed
from this point? Thank you for any help and
guidance that you can
give us. Following is my contact information.
Allan Rogers
6135 River Sound Circle
2 of 3 5/21/2007 3:13 PM

Re: The Landing at Southport, CSA Building Project
Southport, NC 28461
910-454-7430
[e-mail] <mailto: arogers43@ec. rr. com>
3 of 3 5/21/2007 3:13 PM

e Nortn Carolina
Department of Environment and Natural Resources
4r•
Division of Water Quality �r
Wilmington Regional Office MAMIM-M
Michael F. Easley, Governor NCDENR
William G. Ross, Jr., Secretary NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
May 29, 2001
Representative Dewey L. Hill
NC General Assembly
1309 Legislative Building
Raleigh, NC - 27601-1096
Subject: Stormwater Application
Stuart Avenue Drainage Improvements
Brunswick County
Dear Representative Hill:
Thank you for your letter dated May 9, 2001, in which you asked us to revisit the decision the Division
of Water Quality (DWQ) made concerning the proposal by the engineering firm, WK Dickson, to alleviate
flooding at the project that is called the Stuart Avenue Drainage Improvements. Their proposal was to route the
street drainage through an existing permitted wet detention pond at The Landing @Southport. Our initial
response was based on this proposal. After a site visit performed by staff on May 25, 2001, and confirmed by
the engineer, it has been determined that the runoff from Stuart Avenue will bypass the pond, and will not enter
it, as indicated by WK Dickson.
According to the recently modified and approved plans for The Landing @Southport, the piped system
that transports offsite runoff through the subdivision has been in existence for some time. WK Dickson had
thought that the piped system they proposed to discharge into was directed into the wet detention pond, when in
fact it bypasses the pond. There is no need to revise the permit for The Landing, and no state stormwater permit
for the Stuart Avenue Drainage Improvements project is required.
I sincerely hope this helps explain the situation. If you have any questions, please do not hesitate to call
me at [phone].
Sincerely,
C�.JIGIrL
Rick Shiver
Water Quality Regional Supervisor
RSS\arl: S:\WQS\STORMWAT\LETTERS\971226.MAY
cc: Linda Lewis
Scott Sigmon, WK Dickson
Tommy Stevens
Coleen Sullins
Central Files
127 Cardinal Dr. Ext., Wilmington, North Carolina 28405 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/10% post -consumer paper

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REPRESENTATIVE DEWEY L. HILL
COMMITTEES:
14TH DISTRICT
AGRICULTURE, CHAIRMAN
OFFICE ADDRESS:
1309 LEGISLATIVE BUILDING May 9, 2001
FINANCE, VICE-CHAIRMAN
RALEIGH, NC 27601-1096
CONGRESSIONAL REDISTRICTING, REGIONAL CHAIR
TELEPHONE:
[phone]
GOVERNMENTAL OPERATIONS, ADVISORY
[phone] FAX
TRANSPORTATION
ENVIRONMENT AND NATURAL RESOURCES
HOME ADDRESS:
PO BOX 723
LOCAL GOVERNMENT I
WHITEVILLE, NC 28472
RULES
Ms. Linda Lewis
Environmental Engineer
Division of Water Quality
Department of Environment and Natural Resources
127 Cardinal Drive Ext.
Wilmington, NC 28405
Dear Ms. Lewis:
This letter is to request that you revisit The Landing @Southport,
Stuart Avenue Drainage Improvements, Stormwater Project No. SW8
971226, Brunswick County.
We appreciate your time on this project request and hope that a
solution to this situation can be reached.
Thank you again for your efforts in this endeavor.
glt
c: Mr. J. Walton Willis
Sincerely,
zqfg�o
Dewey L. ill
OW
W

North Carolina
Department of Environment and Natural Resources IVA
ALT. WWA
r Division of Water Quality
zm
-Wilmington Regional Office
Michael F. Easley, Governor NCDENR
William G. Ross, Jr., Secretary NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
April 23, 2001
Mr. Scott Sigmon
WK Dickson
5540 Centerview Drive, Suite 315
Raleigh, NC 27606
Subject: The Landing @Southport
Stuart Avenue Drainage Improvements
Stormwater Project No. SW8 971226
Brunswick County
Dear Mr. Sigmon:
The Division received your letter of April 11, 2001, regarding the alleviation of flooding along Stuart
Avenue by directing this runoff into the existing State -permitted wet detention pond at The Landing. In order to
allow this, the application for the project will need to be modified, and the wet pond resized to account for this
runoff in surface area, volume and drawdown. It does not matter how much runoff there is; or how long you delay
the runoff' from reaching the pond, the rules are clear in that any facility designed to meet the stormwater
management rules must include all offsite runoff that is not routed around the facility.
Additionally, you must obtain the written permission of the permittee for The Landing to use their pond, and
make whatever financial arrangements may be needed regarding sharing the cost of maintenance, the modification
fee, and the engineering costs to draw up and calculate a modification to the pond.
Will the 27 acre watershed stay at 1% impervious? The rules require that the offsite watershed area be
accounted for "at the full build -out potential". We have no standards for ponds in series, therefore, you cannot rely
on upstream ponds being required by the State to treat the future built -upon area. If any upstream stormwater
treatment facility will drain into a lower facility, the last facility in line must be designed so that it meets all the
design criteria. Currently, The :Landing is under Notice of Violation, which must be cleared up prior to any further
construction, and the Designer's Certification must be submitted.
If you have any questions, please do not hesitate to call me at [phone].
Sincerely,
id 1d'Gv d&tx,�
Linda Lewis
Environmental Engineer
,RSS1ar1: S:1WQSISTORMWATILETTERS1971226.APR
cc: Linda Lewis
David Edwards, bluegreen
Jay Houston, P.E.
127 Cardinal Dr. Ext., Wilmington, North Carolina 28405 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50"/o recycled/10% post -consumer paper

1
K APR 16 2001
FV DICKSON
Engineers • Ph+imeis •Surveyors �-
Landscape Architerls
April 11, 2001
Mr. Rick Shiver
Water Quality Regional Supervisor
NCDENR — Division of Water Quality
127 Cardinal Drive Extension
Wilmington, NC 28405
RE: Stuart Avenue Drainage Improvements
WKD #90843.40
Dear Rick:
The City of Southport has contracted W.K. Dickson to design a stormwater system to help alleviate
long term flooding problems along Stuart Avenue. After reviewing many alternate designs the City
has made their decision. They plan to construct a system starting at Stuart Avenue and ending in the
existing NCDOT drainage swale along NC 211 adjacent to the Landings Subdivision. The purpose of
this letter is to advise you that this drainage will eventually flow through the Landings Subdivision
stormwater detention pond.
The watershed flowing to Stuart Avenue is approximately 27 acres and is less than one percent
impervious. This watershed naturally flows to a low point along Stuart Avenue, which has caused
repetitive nuisance flooding. The new system has been designed to drain the 25-yr storm over a 24-
hour period. While this design will gradually drain the low area of Stuart Avenue, it will drain
slowly and initial flooding will still occur during heavy rains. One of the limitations of this system is
that the pipe will not start draining until the swale at the outlet end is empty. Due to this limitation,
water will not flow from Stuart Avenue until the water from the Landings Subdivision has passed
through. Although the Stuart Avenue runoff will now flow through the Landings Subdivision, the
peak flow of the existing detention pond's Vvill not increase. � I.riO, since the Stuart A:renue watersi-ed
is less than one percent impervious, the effects on the water quality aspect of the detention ponds
should be negligible.
Please give me a call if you have any questions or concerns.
Sincerely,
Scott Sigmon
cc: Rob Gandy, Southport City Manager
Jim Henry, Southport Utilities Director
5540 Centerview Drive 919.851.6364 Atiaiw, GP.
Suite 315 Fax [phone] Asherili-, IJC
Raleigh, North Carolina www.wkdickson.com Charlotte. NC
27606
Hickory. NC
WdMinaton, NC
Columbia, sC

WK
IV DICKSON
Engin�eers • Plgnners • Surveyors
LanAscape Architects
April 11, 2001
Mr. Rick Shiver
Water Quality Regional Supervisor
NCDENR — Division of Water Quality
127 Cardinal Drive Extension
Wilmington, NC 28405
RE: Stuart Avenue Drainage Improvements
WKD #90843.40
Dear Rick:
APR 16 2001
The City of Southport has contracted W.K. Dickson to design a stormwater system to help alleviate
long term flooding problems along Stuart Avenue. After reviewing many alternate designs the City
has made their decision. They plan to construct a system starting at Stuart Avenue and ending in the
existing NCDOT drainage swale along NC 211 adjacent to the Landings Subdivision. The purpose of
this letter is to advise you that this drainage will eventually flow through the Landings Subdivision
stormwater detention pond.
The watershed flowing to Stuart Avenue is approximately 27 acres and is less than one percent
impervious. This watershed naturally flows to a low point along Stuart Avenue, which has caused
repetitive nuisance flooding. The new system has been designed to drain the 25-yr storm over a 24-
hour period. While this design will gradually drain the low area of Stuart Avenue, it will drain
slowly and initial flooding will still occur during heavy rains. One of the limitations of this system is
that the pipe will not start draining until the swale at the outlet end is empty. Due to this limitation,
water will not flow from Stuart Avenue until the water from the Landings Subdivision has passed
through. Although the Stuart Avenue runoff will now flow through the Landings Subdivision, the
peak flow of the existing detention punds will not increase. Also, since the Stuart Avenue watershed
is less than one percent impervious, the effects on the water quality aspect of the detention ponds
should be negligible.
Please give me a call if you have any questions or concerns.
Sincerely,
Scott Sigmon
cc: Rob Gandy,_ Southport City Manager
Jim Henry, Southport Utilities Director
5540 Centerview Drive 919.851.6364
Suite 315 Fax [phone]
Raleigh, North Carolina www.wkdickson.com
27606
Atlanta, GA Hickory, NC
Asheville, NC Wilmington, NC
Charlotte, NC Columbia, SC

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North Carolina
Department of Environment and Natural Resources
Michael F. Easley, Governor
Sherri Evans -Stanton, Acting Secretary
Division of Water Quality
Wilmington Regional Office
January 12, 2001
CERTIFIED MAIL #70001670 0005 7382 2732
RETURN RECEIPT REQUESTED
Mr. David Edwards, Vice President
bluegreen Corporation
1829 Zion Hill Rd.
Bolivia, NC 28422
Dear Mr. Edwards:
AJ 7r)AF
NCDENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
Subject: NOTICE OF, VIOLATION and
RECOMMENDATION FOR ENFORCEMENT
The Landing @ Southport
Stormwater Permit No. SW8 971226 Modification
Brunswick County
On January 10, 2001, Wilmington Regional Office personnel performed a Compliance Inspection of the
project known as The Landing @ Southport, located off River Road in Southport, in Brunswick County, North
Carolina. The inspection was performed to determine the status of compliance with Stormwater Permit Number
SW8 SW8 971226 Modification, issued to you on April 4, 2000.
The project has been found in violation of Stormwater Permit Number SW8 971226 Modification, issued
pursuant to the requirements of 15A NCAC 2H.1000. The violations found are:
Section II, Part 1 - No homeowner/lot owner/developer shall fill in, alter, or pipe any drainage
feature (such as swales) shown on the approved plans as part of the stormwater management system
without submitting a revision to the permit and receiving approval from the Division.
1) The required 5:1 Water Quality Swales ( SW1, SW2, SW3, SW4, SW7, SW8, SW9) have
been piped and are directly discharging to wetlands. The Water Quality Swale at lot 137
(S W 10) has not been constructed. The stormwater is being collected in two catch basins and
then directly discharged into wetlands.
2. Section I, Part 3 - Approved plans and specificationsfor this project are incorporated by reference
and are enforceable parts of this permit.
1) The plans for the clubhouse were approved based on the fact that the runoff from the parking
lot was going to be directed into Water Quality Swale SW12. This parking lot has been
graded to flow in the opposite direction causing the stormwater to flow over a small grassed
area before directly discharging into wetlands. None of the runoff enters the swale for
treatment.
2) The 3:1 grassed swale that runs behind lots 10 - 26 stops short of the road behind pond 41.
In a storm event, this swale will discharge stormwater into the detention pond. The pond was
not designed to hold this volume of water.
127 Cardinal Dr. Ext., Wilmington, North Carolina 25405 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/10% post -consumer paper

Mr. Edwards
January 12, 2001
Stormwater Permit No. SW8 971226 Modification
3. Section II, Part 13 - The permittee at all times shall provide the operation and maintenance
necessary to assure the permitted stormwater system functions at optimum efficiency. The approved
Operation and Maintenance Plan must be followed in its entirety and maintenance must occurr at
the scheduled intervals including, but not limited to:
a) Semiannual scheduled inspections (every 6 months).
It appears that no inspections of the swale and pond system have occurred.
b) Sediment removal.
Sediment appears to have accumulated in all three ponds.
c) Mowing and revegetation of side slopes.
There are bare areas on the side slopes of all three ponds.
d) Immediate repair of eroded areas.
The side slopes of pond 2 and pond 3 are eroding.
e) Maintenance of side slopes in accordance with approved plans and specifications.
The side slopes of pond 2 and pond 3 are steeper than 3: 1.
.) Debris removal and unclogging of outlet structure, orifice device, and catch basins and
piping.
The orifice device on ponds 1 and 2 or either- absent or clogged with sediment. The trash
rack on pond 2 is missing.
4. Section II, Part 6 - Upon completion of construction, prior to issuance of a Certificate of
Occupancy, and prior to operation of this permitted facility, a certification must be received from
an appropriate designer for the system installed certifying that the permitted facility has been
installed in accordance with this permit, the approved plans and specifications, and other
supporting documentation. Any deviations from the approved plans and specifications must be
noted on the Cert (cation.
1) A Professional Engineer's Certification has not been received.
5. Section II, Part 16 - A copy of the recorded deed restrictions must be submitted to the Division
within 30 days of the date of recording the plat and prior to selling lots. The recorded copy must
bear the signature of the Permittee, the deed book number and page, and stamp/signature of the
Register of Deeds.
1) The required deed restrictions have not been received.
To correct these violations you must :
Provide a written "Plan of Action" which outlines the actions you will take to correct the violation(s)
and a time frame for completion of those actions, on or -before February 11, 2001. Please include an
explanation for the violations. This explanation will be forwarded to the director for enforcement
considerations.
2. Remove all pipes that were not shown on the approved plans. Construct 5:1 Water Quality Swales
100 ft in length as shown on the approved plans. Stabilize swales with permanent vegetation
immediately. Use sod if necessary. Any sediment that enters the wetlands will be an additional
violation. Swale SW10 cannot be constructed in wetlands. The swale must be constructed in
uplands.
3. Regrade the clubhouse parking lot and direct the runoff into the Water Quality Swale SW 12 as shown
on the approved plans.
127 Cardinal Dr. Ext., Wilmington, North Carolina 28405 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 2 50% recycled/10% post -consumer paper

Mr. Edwards
January 12, 2001
Stormwater Permit No. SWS 971226 Modification
4. Extend the 3:1 swale behind lots 25 and 26 and extend it underneath the road as shown on the
approved plans.
5. Construct the ponds as shown on the approved plans. Remove excess sediment from the ponds.
Regrade the side slopes of the ponds to 3:1, with a 5:1 vegetated shelf. Repair all eroded areas.
Revegetate all side slopes of the ponds. Use sod if necessary. Make sure all trash racks on the outlet
structures are in place. Verify the location of the orifices on all three ponds and ensure that they are
functioning properly. Submit an as built survey of all three ponds.
6. Submit the Engineer's Certification as soon as all work is completed.
7. Submit a copy of the recorded deed restrictions immediately.
Failure to provide the "Plan of Action" by February 11, 2001, or to correct the violations by the date
designated in the "Plan of Action", are considered violations of 15A NCAC 2H.1000, and may result in the initiation
of enforcement action which may include recommendations for the assessment of civil and criminal penalties,
pursuant to NCGS 143-215.6A.
By copy of this letter to the Brunswick County Building Inspector, this Office is requesting that the
Building Inspector consider withholding building permits and Certificates of Occupancy for this project until
this matter is satisfactorily resolved.
If you have any questions concerning this matter, please call Noelle Lutheran at [phone].
Sincerely,
ta.,i c�c,L
Rick Shiver
Water Quality Regional Supervisor
RSS:\nml S:\WQS\STORMWAT\NOTICE\971226.JAN
cc: Mr. Jay Houston, P.E.
Mr. Wayne Strickland, Brunswick County Building Inspections
Noelle Lutheran
Central Office
The Landing @ Southport Homeowner's Association