SW8030404_Historical File_20180511

ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
Energy Mineral& WILLIAM E. (TOBY) VINSON, JR.
Land Resources
Interim Director
ENVIRONMENTAL QUALITY
May 11, 2018
Wilmington Housing Authority
Attn: Katrina Redmon, CEO
1524 South 160' Street
Wilmington, NC 28401
Subject: Modification of State Stormwater Management Permit No. SW8 030404
Sunset South
High Density Subdivision with Infiltration Basins
New Hanover County
Dear Ms. Redmon:
The Wilmington Regional Office received a complete, modified State Stormwater Management Permit
Application for the subject project on January 10, 2018 with final information received on March 19,
2018. Staff review of the plans and specifications has determined that the project, as proposed, will
comply with the Stormwater Regulations set forth in Title 15A NCAC 2H.1000 effective September 1,
1995. We are forwarding modified Permit No. SW8 030404 dated May 11, 2018, for the construction,
operation and maintenance of the stormwater control measures (SCMs), built -upon areas, as well as the
stormwater collection system and/or vegetated conveyance system associated with the subject project.
Please replace the previously approved plan sheets CIA and C5 with the attached mndif,Prl and annrnwx
#4
This permit shall be effective from the date of issuance until July 10, 2025 and shall be subject to the
conditions and limitations as specified therein, and does not supersede any other agency permit that may
be required. Please pay special attention to the permit conditions regarding the operation and
maintenance of the SCMs, stormwater collection system, and/or vegetated conveyances; the limitation of
built -upon area; modification of the project; the procedures for changing ownership of and/or transferring
the permit; and the need to renew the permit. Please also pay attention to the permit conditions that
requires the recordation of deed restrictions and protective covenants, easements, and the maintenance
agreement, which must all be provided along with certification upon completion of the project. Failure to
comply with these requirements will result in future compliance problems.
The following modifications are included and covered by this permit:
Infiltration Basin #4 has been redesigned as follows:
a. The elevation of the SHWT has been increased to 24.5.
b. The bottom elevation of the basin has been increased to 26.5. The existing basin will be
filled in with clean sand between elevations 24.5 and 26.5.
c. Due to the elevation increase, a bubbler box will be added at the inlet, with an invert of
24.5, with an open -bottom to facilitate drainage inside the box between storms.
d. The overflow elevation provided in the basin is at elevation 30.75.
e. The volume provided in the basin between elevation 26.5 and 30.75 has been slightly
reduced, but is still in excess of the minimum required volume.
State of North Carolina I Environmental Quality I Energy. Mineral and Land Resources
Wilmington Regional 0,diec 1127 Cardinal Drive Extension I Wi-Imingtor., NC 28 405
910 796 7215

State Stormwater Permit No. SW8 030404
Page 2 of 2
If any parts, requirements, or limitations contained in this permit are unacceptable, you have the right to
request an adjudicatory hearing by filing a written petition with the Office of Administrative Hearings
(OAH). The written petition must conform to Chapter 150B of the North Carolina General Statutes and
must be filed with the OAH within thirty (3 0) days of receipt of this permit. You should contact the OAH
with all questions regarding the filing fee (if a filing fee is required) and/or the details of the filing process
at 6714 Mail Service Center, Raleigh, NC 27699-6714, or via telephone at 919-431-3000, or visit their
website at www.'NTCOAH.com. Unless such demands are made this permit shall be final and binding.
if you have any questions, or need additional information concerning this matter, please contact Linda
Lewis in the Wilmington Regional Office, at [phone].
Sinc rely,
.X-, William . (Toby) Vinson, Jr., PE, CPESC, CPM, Interim Director
Division of Energy, Mineral and Land Resources
Enclosures: Attachment A — Certification Forms
GDS/arl: G:\\\Stormwater\Permits & Projects\2003\030404 HD\2018 05 permit 030404
cc: Amy Wang, Attorney for Wilmington Housing Authority, Ward & Smith (via email)
Phil Norris, P.E., Norris & Tunstall (via email)
New Hanover County Building Inspections
Rob Gordon, P.E., City of Wilmington Public Services, Stormwater (via email)
Beth Wetherill, New Hanover County Engineering (via email)
Wilmington Regional Office Stormwater File
State of North Carolina I Environmental Quality I Energy. R3incrz�i and Land Resources
Wilmington Regional Offic,: 1 177 CiAinal Drive Cx4enr:iar Winnington. NC 28405
910 146 ,t 215

State Stormwater Management Permit
Permit No. SW8 030404
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENTAL QUALITY
DIVISION OF ENERGY, MINERAL AND LAND RESOURCES
STATE STORMWATER MANAGEMENT PERMIT
HIGH DENSITY SUBDIVISION DEVELOPMENT
In accordance with the provisions of Article 21 of Chapter 143, General Statutes of
North Carolina as amended, and other applicable Laws, Rules, and Regulations
PERMISSION IS HEREBY GRANTED TO
Wilmington Housing Authority
Sunset South
Southern Boulevard at Adams Street, Wilmington, New Hanover County
FOR THE
construction, operation and maintenance of four (4) infiltration basins in compliance with
the minor modification provisions of 15A NCAC 2H .1000 (hereafter referred to as the
"stormwater rules') and the approved stormwater management plans and specifications
and other supporting data as attached and on file with and approved by the Division of
Energy, Mineral and Land Resources (DEMLR or Division) and considered a part of this
permit.
This permit shall be effective from the date of issuance until July 10, 2025 and shall be
subject to the following specified conditions and limitations:
I. DESIGN STANDARDS
This permit is effective only with respect to the nature and volume of stormwater
described in the application and other supporting data.
2. This stormwater system has been approved for the management of stormwater
runoff as described i� � Section 1.6 of this permit.
3. The subdivision is permitted for 130 lots. Lots 1-125 and 127-130 are each
allowed a maximum of 2,500 square feet of built -upon area. Lot #126 is allowed
a maximum of 2,750 sf of built -upon area.
4. Approved plans and specifications for this project are incorporated by reference
and are enforceable parts of the permit.
5. All stormwater collection and treatment systems must be located in either
dedicated common areas or recorded easements. The final plats for the project
will be recorded showing all such required easements, in accordance with the
approved plans.
Page I of 5

State Stormwater Management Permit
Permit'No. SW8 030404
6. The following design criteria have been approved for the four infiltration basins
and must be maintained at design condition:
Basin #
j 1
2 I
3
4 I
a.
Drainage Area, acres:
Onsite, ft2:
Offsite, ft2:
3.72
j 162,049
o
j 7.02
1 305:775
0
5.23
227,903
0
12.32 .
10.94
1 1.38
b.
Total Impervious Surfaces, ft2:
Onsite; ft2:
Offsite, ft2:
78,829
78,829
0
1 136,750 1
136,750
1 0
111,728
111,728
0
219,861
218,821
1,040
c.
Design Storm, inches:
! 2.0
! 2.0
2.0
2
d.
Basin Depth, feet:
5.0
j 5.0 j
5.0
4.25
e.
Bottom Elevation, FMSL:
21.0
24
24.5
26.5 j
f.
Bottom Surface Area, ft2:
1,613
3,662
6,644
10,875
g.
Bypass Weir Elevation, FMSL:
25.78
27.12 j
27.36
30.75
h.
Permitted Storage Volume, ft3:
19,667
65,701 !
55,451
11 68,814
i.
Type of Soil:
Sand
Sand j
Sand
Sand
j.
Expected Infiltration Rate, in/hr:
29
; 29
24
35
k.
Seasonal High Water Table, FMSL:
18.5
21
22
24.5
1 L
Time to Draw Down, hours:
5
<8
<5
<4
m.
Receiving Stream/River Basin:
Cape Fear River / CPF17
n.
Stream Index Number:
18- 71
o.
Classification of Water Body: i
Sc
II. SCHEDULE OF COMPLIANCE
The permittee shall maintain the vegetated runoff conveyances and the runoff
collection system of swales, inlets, catch basins and piping at the grade, size,
dimension, slope, elevation and location shown on the approved plans.
2. The permittee is responsible for verifying that the proposed built -upon area for
the entire lot, including driveways and sidewalks, does not exceed the allowable
built -upon area. Once the lot transfer is complete, the built -upon area may not be
revised without approval from the Division.
3. The permittee shall review all proposed new and modified lot plans for continued
compliance with the BUA limits specified in this permit. The plans reviewed must
show and account for all of the existing and proposed built -upon area.
4. The permittee shall submit to the Director and shall have received approval for
revised plans, specifications, and calculations prior to construction, for any
modification to the approved plans, including, but not limited to, those listed
below:
a. Any revision to the approved plans, regardless of size.
b. Redesign or addition to the approved amount of built -upon area.
C. Further subdivision, acquisition, or sale of all or part of the project area as
reported on the application.
d. Filling in, altering, removing, relocating, redirecting, regrading or resizing
of any of the vegetated runoff conveyances or runoff collection system
components shown on the approved plan.
e. The construction of any future built -upon area reported on the application.
f. The construction of any areas of permeable pavement or #57 stone for
BUA credit.
g. Any other revision as determined by the Director.
Page 2 of 5

State Stormwater Management Permit
Permit No. SW8 030404
5. The stormwater runoff collection system and the stormwater control measures
shall be constructed, operated and maintained in accordance with the permit
documents and the approved plans.
6. The permittee shall provide the operation and maintenance necessary to assure
that all components of the permitted stormwater system function at optimum
efficiency. The appro ��ed Onar�ti^n and Maintenance Plan must "e followed in i� its
entirety and maintenance must occur at the scheduled intervals including, but not
limited to:
a. Semiannual scheduled inspections (every 6 months).
b. Sediment removal.
C. Mowing and revegetation of side slopes.
d. Immediate repair of eroded areas.
e. Maintenance of side slopes in accordance with approved plans and
specifications.
f. Debris removal and unclogging of infiltration sand media, runoff collection
structures, bypass structures, catch basins and piping.
g. Access to all components of the stormwater system must be available for
inspection and maintenance.
7. Records of maintenance activities must be kept and made available upon
request to authorized personnel of DEMLR. The records will indicate the date,
activity, name of person performing the work and what actions were taken.
8. On April 2, 2004, the permittee recorded the following deed restriction statements
from the original 2003 permit in Deed Book 4260 at Page 742: (Note an
references to the Division of Water Quality are understood to now reference the
Division of Energy, Mineral and Land Resources)
a. The following covenants are intended to ensure ongoing compliance with
State Stormwater Management Permit Number SW8 030404, as issued
by the Division of Water Quality under NCAC 2H.1000.
b. The State of North Carolina is made a beneficiary of these covenants to
the extent necessary to maintain compliance with the Stormwater
Management Permit.
C. These covenants are to run with the land and be binding on all persons
and parties claiming under them.
d. The covenants pertaining to stormwater may not be altered or rescinded
without the express written consent of the State of North Carolina, Division
of Water Quality.
e. Alteration of the drainage as shown on the approved plans may not take
place without the concurrence of the Division of Water Quality.
f. The maximum built -upon area per lot is 2,500 square feet. This allotted
amount includes any built -upon area constructed within the lot property
boundaries, and that portion of the right-of-way between the front lot line
and the edge of the pavement. Built upon area includes, but is not limited
to, structures, asphalt, concrete, gravel, brick, stone, slate, coquina and
parking areas, but does not include raised, open wood decking, or the
water surface of swimming pools.
g. Lots within CAMA's Area of Environmental Concern may be subject to a
reduction in their allowable built -upon area due to CAMA regulations.
h. All runoff on the lot must drain into the permitted system. This may be
accomplished through providing roof drain gutters which drain to the
street, grading the lot to drain toward the street, or grading perimeter
swales and directing them into the pond or street. Lots that naturally drain
into the system are not required to provide these measures.
Page 3 of 5

State Stormwater Management Permit
Permit No. SW8 030404
9. The permittee shall prepare the necessary amendment to the recorded deed
restrictions above to change the BUA limit for Lot #126 from 2500 sf to 2750 sf.
Since the permittee no longer has standing to amend the covenants, the
amendment will need to be voted on, approved and recorded by the Sunset
South Owners Association after the transfer of this permit to the HOA.
10. Upon completion of the permitted modifications to Basin #4, the system shall be
certified by an appropriate designer for the type of system installed. Basin #4
must be installed in accordance with the provisions of this modified permit, the
approved modified plans and specifications, and other supporting documentation.
On August 15, 2007, the stormwater control measures Basins 1, 2 and 3 were
certified by an appropriate designer for the type of system installed, that they
have been installed in accordance with the provisions of this permit, the
approved plans and specifications, and other supporting documentation.
11 The Director may notify the permittee when the permitted site does not meet one
or more of the minimum requirements of the permit. Within the time frame
specified in the notice, the permittee shall submit a written time schedule to the
Director for modifying the site to meet minimum requirements. The permittee
shall provide copies of revised plans and certification in writing to the Director
that the changes have been made.
12. Prior to transfer of the permit to the Sunset South Owners Association, the
stormwater facilities must be inspected by DEMLR personnel, and determined to
be in compliance with all permit conditions. Any items not in compliance must be
repaired or replaced to design condition prior to the transfer. Records of
maintenance activities performed to date will be required.
III. GENERAL CONDITIONS
This permit is not transferable to any person or entity except after notice to and
approval by the Director. The permittee shall submit a completed and signed
Permit Transfer Application Form, accompanied by the supporting documentation
as listed on the form, to the Division of Energy, Mineral and Land Resources at
least 60 days prior to any one or more of the following events:
a. An ownership change including the sale or conveyance of the project area in
whole or in part, except in the case of an individual lot sale that is made
subject to the recorded deed restrictions,
b. The sale or conveyance of the common areas to a Homeowner's or Property
Owner's Association, subject to the requirements of Session Law 2011-256;
c. Bankruptcy;
d. Foreclosure, subject to the requirements of Session Law 2013-121;
e. Dissolution of the partnership or corporate entity, subject to NCGS 57D-2-
01(e) and NCGS 57D-6-07;
2. The permittee shall submit a competed Permit Update Form to the Division within
60 days of any one or more of the following events:
a. A name change of the current permittee;
b. A name change of the project;
c. A mailing address change of the current permittee;
3. The permittee is responsible for compliance with the terms and conditions of this
permit until such time as the Director approves the transfer request.
4. Any individual or entity found to be in noncompliance with the provisions of a
stormwater management permit or the requirements of the stormwater rules is
subject to enforcement procedures set forth in NCGS 143, Article 21.
Page 4 of 5

State Stormwater Management Permit
Permit No. SW8 030404
5. Permanent seeding requirements for the stormwater control must follow the
guidelines established in the North Carolina Erosion and Sediment Control
Planning and Design Manual.
6. The issuance of this permit does not preclude the Permittee from complying with
all statutes, rules, regulations, or ordinances which may be imposed by other
government agencies (local, state, and federal) which have jurisdiction.
7. If the facilities fail to perform satisfactorily the Permittee shall take immediate
corrective action, including those as may be required by this Division, such as the
construction of additional or replacement stormwater management systems.
8. The permit may be modified, revoked and reissued or terminated for cause. The
filing of a request for a permit modification, revocation and reissuance or
termination does not stay any permit condition.
9. Permittee grants permission to staff of the DEMLR to access the property during
normal business hours to inspect the stormwater facilities.
10. The permittee shall submit a permit transfer application, fee and supporting
documentation as listed on the transfer form, to the Division at least 180 days
prior to the expiration date of this permit.
11. A copy of the permit, the application documents, the O&M agreement, and
approved plans and specifications shall be maintained on file by the Permittee.
Permit modified and reissued this the 11th day of May 2018.
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
nterim Director
By Authority of the Environmental Management Commission
Permit Number SW8 030404
Page 5 of 5

State Stormwater Management Permit
Permit No. SW8 030404
Sunset South
Stormwater Permit No. SW8 030404
New Hanover County
Attachment A - 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.
The checklist of items on page 2 of this form are a part of this Certification.
Noted deviations from approved plans and specifications:
Signature
Registration Number
Date
SEAL
Page 1 of 2

State Stormwater Management Permit
Permit No. SW8 030404
Certification Requirements:
1. The drainage area to the system contains approximately the permitted
acreage.
2. The drainage area to the system contains no more than the permitted
amount of built -upon area.
3. All the built -upon area associated with the project is graded such that the
runoff drains to the system.
4. The outlet/bypass structure elevations are per the approved plan.
5. The outlet/bypass structure is located per the approved plans.
6. Trash rack is provided on the outlet/bypass structure.
7. All slopes are grassed with permanent vegetation.
8. Vegetated slopes are no steeper than 3:1.
9. The inlets are located per the approved plans and do not cause short-
circuiting of the system.
10. The permitted amounts of surface area and/or volume have been
provided.
11. Required drawdown devices are correctly sized per the approved plans.
12. All required design depths are provided.
13. All required parts of the system are provided, such as a vegetated shelf, a
forebay, and the vegetated filter.
14. The dimensions of the system, as shown on the approved plan, are
provided.
CC' NCDEQ-DEMLR Wilmington Regional Office
New Hanover County Building Inspections
Page 2 of 2

NT4 /70Y3
PerNo, � A& l
State of North Carolina (to be provided by i)WQ)
Department of Environment and Natural Resources
Division of Water Quality
STORMWATER MANAGEMENT PERMIT APPLICATION FORM
INFILTRATION BASIN SUPPLEAENT
This form may be photocopied for use as an original
DWO Stormwater Management Plan Review:
A, complete stormwater management plan submittal includes a stormwater application form, an
infiltration basin supplement for each system, design calculations, soils report and plans and
specifications showing all stormwater conveyances and system details.
I. PROJECT INFORMATION
Project Name: Sunset South
ConftetPersda: Benjamin J. Quattlebaum, Il Phone Number: [phone]
This worksheet applies to: Basin No. 4 in Drainage Area 4
(as identified on plan) --- {from Form SNIU--101)
IL DESIGN INFORMATION — Attach supporting calculations/documentation. The soils report must be
based upon an actual field investigation and soil borings. County soil maps are not an acceptable
source of soils information. All elevations shall be in feet mean sea level (fiinsl).
Soils Report Summary
Soil Type Sand
Infiittation Rate 35.5 �r cflhrlsf (circle appropriate units)
SHWT Elevation 2460 29;= faml (Seasonal Righ Water Table elevation)
t.tltt1.1
Basin Design Parameters
Design Storm
Design Volume
Drawdown Time
Basin Dimensions
Basin Size
Basin Volume Provided
Basin Elevadons
Bottom Elevation
Storm Elevation
Top Elevation
Form SWU-103
2.0 inch (I.S inch event for SA waters, I inch event for others)
47,124 c.f.
p. I& *Or- Days
alit '1
l oc .Zs 10(k.zo
--gam- ft. x 88.24 ft. _
73,608 c.f.
Zir D 2Er-w f nsl
51.00 sme, fmsi
$[. 0 fmsl
Version 3.99 Page 1 of 3
/Vt 875 Izl11 I11
3 sq. (bottom dimensions)
BY: ��

a
M. REQUIRED ITEMS CHECKLIST
i'he following checklist outlines design requirements per the Stormwater Best Management Practices Manual
(N.C. Department of Environment; Health and Natural Resources, February 1999) and Administrative Code
Section: 15 A NCAC 2H .I008.
Initial in the space provided to indicate the following design requirements have been met and supporting
documentation is attached. If the applicant has designated an agent in the Storrnwater Management Permit
Application Form, the agent may initial below. If requirement has not been aces, attach justifscation.
Applicants Initials
a. System is located 50 feet from class SA waters and 30 feet from other surface waters.
b. System is located at least 100 feet from water supply wells. .
c. Bottom of system is at least 2 feet above the seasonal high water table.
d. Bottom of the system is 3 feint above any bedrock or impervious soil horizon.
e. System is not sited on or in fill material DWQ approval has been obtained.
f System is located in a recorded drainage easement for the purposes of operation and
maintenance and has recorded access easements to the nearest public right-of-way.
g.
h.
Drainage area for the device is less than 5 acres.
Soils have a minimum hydraulic conductivity of 0.52 inches per hour and soils report is
attached.
System captures and infiltrates the nmofF from the first 1.0 inch of rainfall (1.5 inch event
for areas draining to SA waters). Design volume and infiltration calculations attached.
System is sized to take into account the runoff at the ultimate built -out potential from all
surfaces draining to the system, including any off -site drainage. Calculations attached.
k- All side slopes stabilized with vegetated cover are no steeper than 3.1 (NN).
1. A. pretreatment device such as a catch basin, grease trap, filter strip, grassed swale or
sediment trap is provided
rm Bottom of the device is covered with a layer of clean sand to an average depth of 4 inches.
or dense vegetative cover is provided
'60—n. Vegetated filter is provided for overflow and detail is showm on plans (Required minimum
length is 50 feet for SA waters, 3 0 feet for other waters
o. Flow distribution mechanism within the basin is provided.
p. A benchmark is provided to determine the sediment accumulation in the pretreatment
device.
q. Runoff in excess of the design volume bypasses off-line systems (bypass detail provided).
r. System is designed to draw down the design storage volume to the proposed bottom
elevation under seasonal high water conditions within five days. A soils report and all
pertinent draw -down calculations are attached.
s. Plans ensure that the installed system will meet design specifications (constructed or
restored) upon initial operation once the project is complete and the entire drainage area is
stabilized.
ECEIV G
Form SWU-103 Version 3.99 Paget of 3 9 DEC 14 2017
BY:

I4'. INFILTRATION BASIN OPERATION AND MAINTENANCE AGREEMENT
1. After every runoff producing rainfall event and at least monthly inspect the infiltration system for erosion,
trash accumulation, vegetative cover, and general condition.
2. Repair eroded areas immediately, re -seed as necessary to maintain adequate vegetative cover, mow
vegetated cover to maintain a maximum height of six -inches, and remove trash as needed_
3. After every runoff producing rainfall event and at least monthly inspect the bypass, Mow and overflow
structures for blockage and deterioration. Remove any blockage and repair the structure to approved
design specifications.
4. Remove accumulated sediment from the pretreatment system and infiltration basin annually or when
depth in the pretrea{nent unit is reduced to 75% of the original design depth. T'13e system shall be
restored to the original design depth without over excavating. Over -excavation may cause the required
water table separation to be reduced and may compromise the ability of the systern to perform as
designed. Removed sediment shall be disposed of in an appropriate manner and shall not be handled in a
manner that will adversely impact water quality (i.e. stockpiling near a stormwater treatment device or
stream, etc.).
A benchmark shall be established im the pretreatment unit. The benchmark will document the original
design depth so that accurate sediment accumulation readings can be taken. The measuring device used to
determine the depth at the benchmark shall be such that it will give an accurate depth reading and not
readily penetrate into accumulated sedim
at
B. !; 12.1 H
When the design, depth reads eet in the pretreatment unit, the sediment shall be
removed from both the pretreatment i d the infiltration basin.
5. If the Division determines that the system is failing, the system will immediately be repaired to original
design specifications. If the system cannot be repaired to perform its design function, other stormwater
control devices as allowed by NCAC 2H .I 000 must be designed, approved and constructed.
I acknowledge and agree by my signature below that I am responsible for the performance of the five
maintenance procedures listed above. I agree to notify DWQ of any problems with the system or prior to any
changes to the system or responsible party.
Print Name and Title: Benjamin J. Quattlebaum, 11, Executive Director
Address:
Phone.
Signature:
Note. The
should not he a homeowners association unless more than SO% of Me lots have been sold
and a resident of the subdivision has been named the president.
a hiotary Public for the State of f \/���i'l�. Cet,�l is � tn� County of
N t.,W �aAOef� , do hereby certify that �� j JA lyA �,tT C 6q (,-M, (personally appeared before me this
day of & Y:,�t » 'Lpd ,and aclmovvledge the due execution of the foregoing infiltration
basin maintenance requirements. Witness my hand and official seal.
SEAL
Signature
commission expires - L7-5—
Form SWU-103 Version 3.99 Page 3 of 3
ECEfVE
DEC 14 2017
BY'

STORMWATER SYSTEM NARRATIVE
SUNSEET SOUTH
&W8 030404 PAodifi cazko
Wilmington, North Carolina
For
Wilmington Housing Authority
1524 South 16th Street
Wilmington, NC 28401
[phone]
e Y 1
17y 6 ;
,y -'N�Q IN -
December 2017
(Revised Ma7ch 2018)
Prepared by:
RECEIVE
MAR 19 2018
gy;,5iv803G9L¢
NORRIS & TUNSTALL CONSUMING ENGMEERS, P.C.
1429 Ash -Little River Road
Ash, NC 28420
[phone]
[phone] (Fax)
License # C-3641
N&T Project No. 17043

NARRATIVE
Sunset South
SW8 030404 Modification
Receiving Stream Name: UT Cape Fear River
Stream Class: SC
Stream Index Number: CPF1718-(71)
STORMWATER r"7 HAGEMENT MEASURES:
This project was permitted in July 10, 2003 under permit number SW8 030404.
The permit was modified on August 1, 2017 to allow for additional impervious area on lot
#126 and added sidewalks. The permit was in process of being transferred from the
current Permittee to the Sunset South Owners Association. During a compliance
inspection conducted by NCDEQ, it was observed that infiltration basin #4 was holding
wafter for a period of time beyond the permitted timeframe and expected timeframe. We
ordered a"geotechnical investigation at and around basin #4 to determine the cause of
the sluggish infiltration. Based on that report of October 20, 2017 by RFTS which is
enclosed in this modification package, we are of the opinion that the SHWT is higher than
that reported in the original soils reports used in the design. We have enclosed
calculations that support raising the SHWT elevation to 24.5 feet. We are recommending
that the existing flared end section of the 36 inch RCP entering the basin be removed and
be replaced with a 4 foot by 4 foot bubbler box with a top elevation of 26.5 feet. We
recommend that the bottom elevation of the infiltration basin be raised with clean sand to
an elevation of 26.5 feet which will provide a 2 foot separation to the SHWT of 24.5 feet.
Based on our calculations there is sufficient volume in the existing basin to contain the
volume of 68,814 cubic feet and the design volume of 47,124 cubic feet. The temporary
storage elevation to contain 47,124 cubic feet is 29.70 feet. The temporary storage
elevation to contain 68,814 cubic feet is 30.75 feet.

ECEIVE
JAN 12 2018
STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
AMENDMENT TO DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS
AND EASEMENTS OF SUNSET SOUTH
THIS AMENDMENT TO DECLARATION OF COVENANTS, CONDITIONS,
RESTRICTIONS AND EASEMENTS OF SUNSET SOUTH ("Amendment") is made and
entered into as of the day of by SUNSET SOUTH OWNERS
ASSOCIATION, a North Carolina non-profit corporation ("Association").
RECITALS:
A. Housing and Economic Opportunities, Inc., a North Carolina non-profit
corporation ("Declarant") caused to be recorded the Declaration of Covenants, Conditions,
Restrictions and Easements of Sunset South in Book 4253, at Page 668, and re -recorded in Book
4260, at Page 742 in the office of the Register of Deeds of New Hanover County (as amended
and supplemented, the "Declaration"). The capitalized terms set forth in this Amendment shall
have the same meaning as set forth in the Declaration unless otherwise defined or the context
shall otherwise prohibit.
B. Pursuant to Article XVII, Paragraph (1) of the Declaration, the Association may
amend the Declaration with the affirmative vote of, or written agreement signed by, Owners of
Lots to which at least sixty-seven percent (67%) of the total votes in the Association are
allocated.
Prepared by Ward and Smith, P.A., University Corporate Center, 127 Racine Drive,
Wilmington, NC 28403-8705
Please return to Ward and Smith, P.A., University Corporate Center, 127 Racine Drive,
Wilmington, NC 28403-8705

C. The Association has obtained the affirmative vote or written agreement signed by
Owners of Lots to which at least sixty-seven percent (67%) of the total votes in the Association
are allocated to amend the Declaration as set forth herein.
NOW, THEREFORE, the Association, pursuant to the authority set forth above,
does hereby amend the Declaration as follows:
Article XI, Paragraph (13) of the Declaration is deleted in its entirety and
the following is inserted in lieu thereof:
(13) The maximum allowable "built -upon area" on Lot 126 as shown on the
plat recorded in Map Book 45, at Page 359 in the office of the Register of Deeds of New
Hanover County is 2,750 square feet. The maximum allowable "built -upon area" on every other
Lot in the Subdivision is 2,500 square feet. "Built -Upon Area" includes any area constructed
within the Lot property boundaries and that portion of the right-of-way between the front Lot
line and the edge of the pavement. "Built -Upon Area" includes, but is not limited to, structures,
asphalt, concrete, gravel, brick, stone, slate, and coquina and parking areas, but does not include
raised, open wood decking, or the water surface of swimming pools. All runoff from the Built -
Upon Area on all Lots must drain into the permitted Stormwater Management Facilities. This
may be accomplished through providing roof drain gutters which drain to the streets, grading the
Lots to drain toward the streets, or grading perimeter swales to collect Lot runoff and directing
them into the Stormwater Management Facilities or into the streets. Lots that will naturally drain
into the Stormwater Management Facilities are not required to provide these additional
measures. Lots within CAMA's Area of Environmental Concern may be subject to a reduction
in their allowable Built -Upon Area due to CAMA regulations. The covenants set forth in this
Paragraph (13) are intended to ensure ongoing compliance with State Stormwater Management
Permit No. SW8 030404 as issued by the Division of Energy, Mineral, and Land Resources
NCAC 2H.1000 and any amendments, additions or replacements thereof, or any such permit
obtained by Declarant and relating to property annexed into the Subdivision by Declarant as
provided herein (the "Permit"). The State of North Carolina is made a beneficiary of the
covenants set forth in this Paragraph (13) to the extent necessary to maintain compliance with the
Permit. The covenants set forth in this Paragraph (13) pertaining to stormwater may not be
altered or rescinded without the express written consent of the State of North Carolina, Division
of Energy, Mineral, and Land Resources. Alteration of the drainage as shown on the approved

stormwater plan for the Subdivision may not take place without the concurrence of the Division
of Energy, Mineral, and Land Resources. The covenants set forth in this Paragraph (13) are to
run with the land and be binding on all persons and parties claiming under them.
2. Except as expressly provided in the paragraph above, the terms and
provisions of the Declaration shall continue in full force and effect according to the terms as
modified hereby.
[Signature Follows]

IN TESTIMONY WHEREOF, the Association, pursuant to the authority above
recited, has caused this Amendment to be executed under seal and in such form as to be binding
and effective the day and year upon recording this Amendment in the office of the Register of
Deeds of New Hanover County, North Carolina.
SUNSET SOUTH OWNERS ASSOCIATION (SEAL)
By:
STATE OF
COUNTY OF
I certify that the following person personally appeared before me this day, acknowledging to me
that he or she signed the foregoing document for the purpose(s) stated therein, in the capacity
indicated therein:
Date:
Signature of Notary Public
Notary's printed or typed name
My commission expires:
(Official Seal)
Notary seal or stamp must appear within this box.
021074-00030
ND: 4840-7191-2794, v. 1

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October 20, 2017
Soils Engineering and Testing Services
Norris & Tunstall Consulting Engineers, P.C.
1429 Ash -Little River Road
Ash, North Carolina 28420
Attention: Mr. Phil Norris, P.E.
Reference: Seasonal High Watertable Estimates
Existing Infiltration Basin #4
Sunset South
Wilmington, North Carolina
RFTS Project No. 1618-17
Dear Mr. Norris:
RFTS is pleased to provide testing services for residential development project Sunset South in
Wilmington, North Carolina.
DESCRIPTION OF ACTIVITIES AND FINDINGS
As requested, our staff visited the site on October 12, 2017, to estimate the seasonal high watertable level
at locations around the existing infiltration basin #4. The purpose of this testing was to provide current
seasonal high water levels around this basin. In addition, two samples plugs were pulled from the bottom
of the basin, and the visually classified the soil encountered.
Seasonal High Watertable Estimate
Hand auger borings were advanced at 3 locations to depths ranging from approximately 7 to 8 feet below
the existing ground surface around the basin. The encountered soils were logged and visually classified by
depth and a Munsell Soil Color Chart was used to determine the hue, value, and chrome of the visually
distinct soil layers. Our soil logs are presented in Table 1.
SHWT-i
We estimate the ground surface elevation at this location was 28 ft MSL. Soils encountered at this boring
location consisted of interbedded relatively clean sands (USCS Soils Group Sp,) through the boring
termination depth of 72 inches below the ground surface. No distinct zones of soil cementation were
encountered in the profile. Based on our experience with similar soils and comparisons of the soil
coloration to the Munsell Chart, it is our opinion that the seasonal high water table occurs approximately
47 inches below the existing the ground surface. A measurement made 30 minutes after angering indicate
a depth to standing water in the borehole of 55 inches below the existing ground surface.
RF a Sop P Celebrating 10 Years o
781 Sioop Paint Lane $ f Sef^utcB Phone: [phone]
Kure Beach. North Carolina 28449 tvtuw.rftsp'lle.eom Email: [e-mail]

Norris & Tunstall Consulting Engineers, P.C. October 20, 2017
RFTS Project'No. 1618-17 Page Two
SHWT-2
We estimate the ground surface elevation at this location was 29 ft MSL. Soils encountered at this boring
location consisted of interbedded relatively clean sands (USCS Soils Group `SP') through the boring
termination depth of 72 inches below the ground surface. No distinct zones of soil cementation were
encountered in the profile. Based on our experience with similar soils and comparisons of the soil
coloration to the Munsell Chart, it is our opinion that the seasonal high water table occurs approximately
46 inches below the existing the ground surface. A measurement made 30 minutes after augering indicate
a depth to standing water in the borehole of 57 inches below the existing ground surface.
SHWT-3
We estimate the ground surface elevation at this location was 31 ft MSL. Soils encountered at this boring
location consisted of interbedded relatively clean sands (USCS Soils Group `SP') through the boring
termination depth of 94 inches below the ground surface. No distinct zones of soil cementation were
encountered in the profile. Based on our experience with similar soils and comparisons of the soil
coloration to the Munsell Chart, it is our opinion that the seasonal high water table occurs approximately
82 inches below the existing the ground surface. A measurement made 30 minutes after augering indicate
a depth to standing water in the borehole of 85 inches below the existing ground surface.
Soil Sample Plugs in Basin
At the time of our site visit, approximately 12 to 18 inches of water was standing in the bottom of the
basin. A hand auger was used to pull a plug of the soil from the bottom of the basin ay two locations near
the edge of the basin bottom. The soils recovered at these locations were visually classified in the field.
The soils in the upper 4 inches consisted of fine to medium sand with some Silt (USCS Soil Group `SM'),
and some organic material. Below this sand with silt, clean fine sand ("JSCS Soils Group `SP') was
encountered.
CLOSURE
Based on the seasonal high water level estimated from the soil colorations encountered in our hand auger
borings, and the soil type encountered for the sample plugs pulled from the bottom of the basin; it is our
opinion the standing water in the basin is the watertable level.

Norris & Tunstall Consulting Engineers, P.C.
RFTS Project No.1618-17
October 20, 2017
Page Three
These estimates should be reviewed by appropriate regulatory authorities before finalizing the details of
any civil design. Please find attached our field data and a sketch showing the approximate test locations.
If you have any questions after reviewing this letter, please do not hesitate to contact us at your
convenience.
Sincerely,
RFTS,PLLC
Davi L. Winstead
Field Operations Manager
DLW/dhv
Attachments

Table 1
MunseR Soil Classifications
Existing Infiltration Basin #4
Sunset South
Wilmington, North Carolina
RFTS Project No- 1618-17
Loc Soil Description
SHWT 1 Topsoil
Very Pale Brown fine SAND
Very Pale Brown fine SAND
Light Gray fine SAND
Pate Brown fine SAND
Light Gray fine SAND
Brown fine SAND
SHWT .2 Topsoil
Yellowish Brown fine_ SAND
Yellow fine SAND
Palc Brown fine SAND
Hue
Value
Chroma
Depth
Comments
(in-) .
0-5.
IOYR
7
3
5-17
IOYR
8
2
17-32
IOYR
7
1
32-47
IOYR
6
3
47-56
SHWT@47"
IH2O@55"
lOYR
7
2
56-67
IOYR
5
3
6702
-
-
-
0-4
IOYR
5
8
4-24
IOYR
_ .._..
7
6
24-46
IOYR
6
3
46-72
SHWT@46"
/g20@57"
SHWT-3 Topsoil._.
-
-
-
0-6
Yellowish Brown fine SAND
1 OYR
5
4
6-17
Very Pale Brown fine SAND
I OYR
7
4
17-45
)h7hite fine SAND ...
10YR
8
1
45-72
Very Pale Brown fine SAND
1 OYR
8
2
12-82
Very Dark Grayish Brown fine
IOYR
3
2
82-89 SHWT@82"
SAND
/H606485"
Gray fine SAND
IOYR
6
1
89-94

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�:
JAN 16 20i8
STATE OF NORTH CAROLINA gY_SGV D?O,
COUNTY OF NEW HANOVER
AMENDMENT TO DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS
AND EASEMENTS OF SUNSET SOUTH
THIS AMENDMENT TO DECLARATION OF COVENANTS, CONDITIONS,
RESTRICTIONS AND EASEMENTS OF SUNSET SOUTH ("Amendment") is made and
entered into as of the day of by SUNSET SOUTH OWNERS
ASSOCIATION, a North Carolina non-profit corporation ("Association").
RECITALS:
A. Housing and Economic Opportunities, Inc., a North Carolina non-profit
corporation ("Declarant") caused to be recorded the Declaration of Covenants, Conditions,
Restrictions and Easements of Sunset South in Book 4253, at Page 668, and re -recorded in Book
4260, at Page 742 in the office of the Register of Deeds of New Hanover County (as amended
and supplemented, the "Declaration"). The capitalized terms set forth in this Amendment shall
have the same meaning as set forth in the Declaration unless otherwise defined or the context
shall otherwise prohibit.
B. Pursuant to Article XVII, Paragraph (1) of the Declaration, the Association may
amend the Declaration with the affirmative vote of, or written agreement signed by, Owners of
Lots to which at least sixty-seven percent (67%) of the total votes in the Association are
allocated.

C. The Association has obtained the affirmative vote or written agreement signed by
Owners of Lots to which at least sixty-seven percent (67%) of the total votes in the Association
are allocated to amend the Declaration as set forth herein.
NOW, THEREFORE, the Association, pursuant to the authority set forth above,
does hereby amend the Declaration as follows:
1. Article XI, Paragraph (13) of the Declaration is deleted in its entirety and
the following is inserted in lieu thereof:
(13) The maximum allowable "built -upon area" on Lot 126 as shown on the
plat recorded in Map Book 45, at Page 359 in the office of the Register of Deeds of New
Hanover County is 2,750 square feet. The maximum allowable "built -upon area" on every other
Lot in the Subdivision is 2,500 square feet. "Built -Upon Area" includes any area constructed
within the Lot property boundaries and that portion of the right-of-way between the front Lot
line and the edge of the pavement. "Built -Upon Area" includes, but is not limited to, structures,
asphalt, concrete, gravel, brick, stone, slate, and coquina and parking areas, but does not include
raised, open wood decking, or the water surface of swimming pools. All runoff from the Built -
Upon Area on all Lots' must drain into the permitted Stormwater Management Facilities. This
may be accomplished through providing roof drain gutters which drain to the streets, grading the
Lots to drain toward the streets, or grading perimeter swales to collect Lot runoff and directing
them into the Stormwater Management Facilities or into the streets. Lots that will naturally drain
into the Stormwater Management Facilities are not required to provide these additional
measures. Lots within CAMA's Area of Environmental Concern may be subject to a reduction
in their allowable Built -Upon Area due to CAMA regulations. The covenants set forth in this
Paragraph (13) are intended to ensure ongoing compliance with State Stormwater Management
Permit No. SW8 030404 as issued by the Division of Energy, Mineral, and Land Resources
NCAC 2H.1000 and any amendments, additions or replacements thereof, or any such permit
obtained by Declarant and relating to property annexed into the Subdivision by Declarant as
provided herein (the "Permit"). The State of North Carolina is made a beneficiary of the
covenants set forth in this Paragraph (13) to the extent necessary to maintain compliance with the
Permit. The covenants set forth in this Paragraph (13) pertaining to stormwater may not be
altered or rescinded without the express written consent of the State of North Carolina, Division
of Energy, Mineral, and Land Resources. Alteration of the drainage as shown on the approved
ECEIVE'ft
JAN 16 2018
BY:

stormwater plan for the Subdivision may not take place without the concurrence of the Division
of Energy, Mineral, and Land Resources. The covenants set forth in this Paragraph (13) are to
run with the land and be binding on all persons and parties claiming under them.
2. Except as expressly provided in the paragraph above, the terms and
provisions of the Declaration shall continue in full force and effect according to the terms as
modified hereby.
[Signature Follows]
JAN 16 2018
BY:

IN TESTIMONY WHEREOF, the Association, pursuant to the authority above
recited, has caused this Amendment to be executed under seal and in such form as to be binding
and effective the day and year upon recording this Amendment in the office of the Register of
Deeds of New Hanover County, North Carolina.
SUNSET SOUTH OWNERS ASSOCIATION (SEAL)
LIM
STATE OF _
COUNTY OF
(SEAL)
I certify that the following person personally appeared before me this day, acknowledging to me
that he or she signed the foregoing document for the purpose(s) stated therein, in the capacity
indicated therein:
Date:
Signature of Notary Public
Notary's printed or typed name
My commission expires:
(Official Seal)
JAN 16 202
BY:
Notary seal or stamp must appear within this box.

NORRIS & TUNSTALL
CONSUMING ENGINEERS P.C.
902 Market Street
Wilmington, NC 28401
[phone]
[phone] Fax
John S. Tnnstall, P.E.
T. Jason Clark, P.E.
March 15, 2018
Ms. Linda Lewis, E. I.
NC DEQ
Division of Energy, Mineral and Land Resources — State Stormwater Program
127 Cardinal Drive Extension
Wilmington, NC 28405-3845
Re: Sunset South SW8 030404
NCDEQ Review Comment Response
NT# 17043
Dear Ms. Lewis,
1429 Ash -Little River Road
Ash, NC 28420
[phone]
[phone] Fax
J. Phillip Norris, P.E.
RECEIVED
MAR 19 2018
NCDEQ
vwl."=111O
We are responding to your comment e-mail of February 9, 2018 regarding the subject project as follows:
1. We have modified the calculations and supplement to reflect the top of storage elevation to be
30.75 feet.
2. Enclosed is the supplement form which has been initialed and dated by Ms. Redmon.
3. We have shown putting an opening in the bottom of the bubbler box which will allow water to
infiltrate out should the water table allow it.
4. Based on our experience this basin has never overflowed, except perhaps in hurricane events.
There have never been any erosion issues noted after these events. As such, we would prefer
to leave the area as it is. You are correct that if an overflow did occur it will follow the path you
described.
We are enclosing two (2) sets of the revised plans, calculations and supplement for your continued
review and approval.
Sincerely,
NORRIS & TUNSTALL
CONSUL NGINEERS P.C.
J. hillic9f
,
J P /ttw
-16-18 response Itr to Linda Lewis (comments 02-09-18)
Enclosures
cc: Katrina Redmon
NCBELS License C-3641

Lewis,Linda
From: Lewis,Linda
Sent: Friday, February 09, 2018 12:33 PM
To: 'Phil Norris'
Cc: '[e-mail]'; Scott, Georgette
Subject: Review Comments SW8 030404 Sunset South
Phil
I am reviewing the proposed modification to Basin #4 for Sunset South and have the following
comments:
1. The emergency spillway elevation is at 30.75, so that will be the "storage elevation" for this
basin, not 31.0. Please make the necessary changes to the calculations and the supplement. I
did not catch this in the August 2017 review when the overflow swale was added. There
appears to be plenty of volume provided at 30.75 to meet the 2" design storm volume that was
originally permitted.
2. Please have Ms. Redmon initial and date the signature space on the supplement form
adjacent to Mr. Quattlebaum's signature.
3. The addition of the bubbler box with a top elevation at 26.5, will cause standing water in some
of the drainage pipes and catch basins, which have inverts below 26.5. That may not sit well
with the residents, as it may lead to smelly stagnant water, mosquitos, and deteriorating pipes.
Can the bubbler box be designed in such a way that it allows the standing water in the pipe
system to slowly dewater into the basin?
4. You may need to specify some riprap or a concrete flume at the point where Basin 4 will start
overflowing into the emergency overflow swale.
5. Please confirm that the overflow swale from Basin #4 will simply direct runoff into Virginia
Avenue, where it will be collected by CB's 17 and 18 and directed into Basin #2.
Please provide the requested information by March 9, 2018.
Thanks,
Linda Lewis, E.I.
Environmental Engineer III
Division of Energy, Mineral and Land Resources
Department of Environmental Quality
910-796-7215 Office
Iinda.IevJs(a)-ncdenr.gov
Wilmington Regional Office
127 Cardinal Drive Extension
Wilmington, NC 28405
to :, t i;rt'.l
': �l �•lR �,. !C ��-�:.� rt�.°.r ,.. \..♦ _i'!i1�..t i.. .. r l..w. ir�i-Ci ��! .• i1.�.t .:•f,�.

`NS WARDANDSMITH, PA. ALEXANDER C. DALE, Attorney at Law
127 Racine Drive
University Corporate Center (28403)
Post Office Box 7068
Wilmington, NC 28406-7068
January 16, 2018
Ms. Linda Lewis
N.C. Department Environmental Quality
Division of Energy, Minerals and Land Resources
127 Cardinal Drive Extension
Wilmington, NC 28405
RE: Stormwater Permit No. SW8 030404
Sunset South, New Hanover County, North Carolina
Our File 021074-00030
Dear Linda:
P: 919.277.9100
F: 919.277.9177
[e-mail]
ECE1' E,"'
JAN 2 2 920
We are writing to demand that the North Carolina Department of Environmental Quality authorize
and direct transfer of the above -referenced Stormwater Permit ("Permit") to Sunset South Owners
Association ("Association") pursuant to N.C. Gen. Stat. § 143-214.7(c2). As you know, we
represent the Housing Authority of the City of Wilmington, North Carolina ("WHA"), the permit
holder. On December 15, 2016, WHA requested transfer of the Permit pursuant to N.C. Gen. Stat.
§ 143-214.7(c2) because all of the criteria required in this statutory provision were met. First, the
common areas related to the operation and maintenance of the stormwater management system had
been conveyed to the Association. Second, the declarant of the planned community had conveyed
all of its lots to owners other than the declarant. Third, the stormwater management system was in
"substantial compliance" with the Permit issued to WHA.
We see no basis for the Department to fail to transfer the Permit. The statute specifically says the
Department "shall" transfer a permit when these conditions have been met. The statutory
conditions, which originated in Session Law 2011-256, were the only requirements in place at the
time of WHA's transfer request. North Carolina Administrative Code 15A NCAC 2H .1045 was
not yet in effect.
Presumably, the Department is failing to fulfill its obligation to transfer the Permit on the mistaken
basis that WHA is not in "substantial compliance" to allow the Department to make the necessary
findings and to make the transfer. However, this is a mistaken position. The "substantial
compliance" required by the statute refers to the "stormwater management system" alone. The
statute does not require all terms of the Permit to be substantially complied with, but that the
"stormwater management system" must be in substantial compliance.
ASHEVILLE GREENVILLE NEW BERN RALEIGH WILMINGTON
www.wardandsmith.com

WARDANDSMITKP.A.
Ms. Linda Lewis
January 16, 2018
Page 2
In the Permit, the Department requires WHA to prepare an amendment to the restrictive covenants
of the Association to change the built upon area limit for Lot #126 from 2500 square feet to 2750
square feet. Permit Section II, 112. WHA has done so, and a copy of the Amendment is enclosed.
The Department recognized that WHA as the permit holder does not have standing to amend the
covenants, and therefore provided in the Permit that the "amendment will need to be voted on,
approved and recorded by the Sunset South Owners Association after the transfer of this permit to
the HOA." Permit Section 11, ¶ 12. The failure of an amendment to be undertaken and approved
by the Association cannot be grounds for not finding "substantial compliance." Again, the
substantial compliance required by the statute is with regard to the stormwater system, not all the
terms of the Permit.
Additionally, "substantial compliance" does not equate with full compliance. We recognize that
there is an issue with one of the infiltration basins out of the four that operate on the Association's
property. WHA is in the process of modifying that one basin. However, all other issues with the
stormwater management system are in compliance with the Permit, and there can be no doubt that
this rises to the level of substantial compliance, even if it is not full compliance.
WHA demands that the Department fulfill its statutory obligation under N.C. Gen. Stat.
§ 143-214.7(c2) to transfer the Permit in accordance with North Carolina law. The Association,
like other communities organized under the North Carolina Planned Community Act, was created
to own, manage, maintain and operate common elements, such as the Permit and the stormwater
management system, among other duties, moving forward. The Association's Articles of
Incorporation specifically provides for the Association to accept transfer of the Permit and to
maintain the stormwater management system. It is improper for the Department to refuse to fulfill
its statutory obligation merely because an association is refusing to amend its restrictive covenants,
especially when the declarant no longer has status to allow it to unilaterally amend the restrictive
covenants.
Please notify us immediately that the Department intends to fulfill its statutory obligation and
transfer the permit to the Association.
Yours very truly,
Alexander C. Dale
ND: 4813-0445-7306, v. 3
cc: Ms. Amy P. Wang (via email)

Mail - [e-mail]
Page 1 of 1
Sunset South; Stormwater Permit SW8 030404
Casmer, Jo
Wed 1/10/2018 3:35 PM
To:[e-mail] <[e-mail]>; Phil Norris <[e-mail]>,
The Wilmington Regional Office of the Division of Energy, Mineral, and Lard Resources (Stormwater
Section) accepted the Stormwater Permit Application and $505.00 fee on January 10, 2018. The project
has been assigned to Linda Lewis and you will be notified if additional information is needed. Please be
advised that no construction activities may commence until the Stormwater Permit is issued.
Jo Casmer
Administrative Assistant for DEMLR/Stormwater Section
North Carolina Department of Environmental Quality
Department of Environmental Assistance & Customer Service
910 796-7336 office
910 350-2004 fax
io.casmerO-ncdenr.gov
127 Cardinal Drive Extension
Wilmington, NC 28405
Email cc, -respondence to and from this address is subject to the North Carolina Public Records Law and ma;" b
disclosed to third parties.
https://outlook.office365.com/owa/?realm=nc.gov&path=/mail/sentitems 1/10/2018

Scott, Georgette
From: Lewis,Linda
Sent: Monday, January 8, 2018 11:07 AM
To: Amy P. Wang - 5516
Cc- 'Payne, John,'; Scott, Georgette; '[e-mail]'
Subject: FW: [External] Sunset South SW8 030404
Amy:
In the way of further explanation — the addition of runoff collection piping to any high density permitted
project should ideally be added to the plans for review as part of a plan revision. On the 1-10 scale of
compliance severity, it's a 2.
In addition, the Division would recommend (can't require it) that the permit holder determine what the
lot owner maintenance responsibility will be in the event that any of those pipes ends up causing
erosion of the slope or if the pipe gets crushed by a lawn mower and needs to be replaced or if it gets
clogged up. Perhaps the existing declaration of covenants and restrictions already addresses the
situation of owner -added items?
The Division is not a mediator between the permittee and the lot owners, nor are we the enforcer of
the covenants on the lot owners — we're the enforcer of the permit conditions on the permit holder.
Linda
From: Amy P. Wang - 5516 [mailto:[e-mail]]
Sent: Friday, January 05, 2018 12:29 PM
To: Lewis,Linda <[e-mail]>
Cc: 'Payne, John'<JPAYN [e-mail]>; '[e-mail]' <[e-mail]>; Scott, Georgette
<georgette.scott@ ncdenr.gov>
Subject: RE: [External] Sunset South SW8 030404
FAi,T10; External email:. Do not click links or open attachments unless verified. Send all suspicious email as an attachment to
report.sgRm9a nc gov_
Linda,
Thank you for responding. This is helpful to know.
I hope everyone in the Wilmington Regional Office is safe and warm in this weather. New Bern is not equipped to deal
with 6 inches of snow in sustained sub -freezing temperatures!
Amy
From: Lewis,Linda [mailto:linda.lewis@ncdenr aovl
Sent: Wednesday, January 03, 2018 1:25 PM
To: Amy P. Wang - 5516
Cc: 'Payne, John'; '[e-mail]'; Scott, Georgette
Subject: RE: [External] Sunset South SW8 030404

Scott, Georgette
From: Lewis,Linda
Sent: Wednesday, January 3, 2018 1:25 PM
To: Amy P. Wang - 5516
Cc: 'Payne, John'; '[e-mail]'; Scott, Georgette
Subject: RE: [External] Sunset South SW8 030404
Follow Up Flag: Flag for follow up
Flag Status: Flagged
Amy:
Since the project is high density, the use of piping to convey individual lot runoff into the permitted
infiltration basin vs. sheet flow or grassed swales, is not a violation of the permit. The high density
permit language is specific in regard to requiring the runoff to be directed into the SCM- it does not
specify how the runoff must be directed into the SCM.
It would be a compliance problem / violation only if this was an SCM with a forebay, and the piping
short-circuited the forebay, or came in too close to the outlet structure.
Linda
From: Amy P. Wang - 5516 [mailto:[e-mail]]
Sent: Wednesday, December 20, 2017 11:50 AM
To: Lewis,Linda <[e-mail]>
Cc: 'Payne, John' <[e-mail]>; '[e-mail]'<[e-mail]>; Scott, Georgette
<georgette.scott@ ncdenr.gov>
Subject: [External] Sunset South SW8 030404
CAUTION: External email. Do not click links or open attachments unless venffed Send all suspicious email as an attachment to
report [e-mail].
Linda,
I understand from Phil Norris's office that the application for modification of the Stormwater Permit SW8 030404 to
accommodate changes to basin #4 has been submitted to DEMLR to approve it. Thanks for your patience.
I received some recent information from the Wilmington Housing Authority about the system out at Sunset South near
basin #4, the subject of the mod application. It appears that two members of the Association have added piping to
direct runoff from their home sites directly to the large stormwater basin. I have attached photos. Essentially they
show the residence at 2336 Jefferson St. with three (3) 6" flexible black drainage pipes, that are identified in photos,
coming from the gutter/drains, and terminating on the banks of the pond. Jim's hat was placed on the ground to
facilitate location and scale of pipes. There are other photos showing the at 244 Virginia Ave. also with (3) 6" flexible
black drainage pipes, leading from the gutter/downspouts, out to the pond banks. A silver pole was used to identify and
facilitate direction of source.
Phil Norris has verified that these are not part of the permitted stormwater system. We do want to know whether they
are a violation of the Permit or whether they are allowed. Can you provide us with that information?

Thanks for all that the DEMLR office does.
Amy
Amy P. Wang
Attorney I LEED Green Associate
Ward and Smith, P.A.
1001 College Court (28562) 1 Post Office Box 867
New Bern, NC 28563-0867
P: 252.672.55161 F: 252.672.5477 1 M: 252.675.7269
V-card I www.wardandsmith.com r
If you have received this confidential message in error, please destroy it and any
attachments without reading, printing, copying or forwarding it. Please let us know of
the error immediately so that we can prevent it from happening again. You may reply
directly to the sender of this message. Neither the name of Ward and Smith, P.A. or its
representative, nor transmission of this email from Ward and Smith, P.A., shall be
considered an electronic signature unless specifically stated otherwise in this email by
a licensed attorney employed by Ward and Smith, P.A. Thank you.

NORRIS & TUNSTALL
CONSULTING ENGINEFRS P.C.
902 Market Street
Wilmington, NC 28401
[phone]
[phone] Fax
1429 Ash -Little River Road
Ash, NC 28420
[phone]
[phone] Fax
John S. Tunstall, P.E. J. Phillip Norris, P.E.
T. Jason Clark, P.E.
December 11, 2017
Ms. Linda Lewis
NC DEQ
Division of Energy, Mineral and Land Resources — State Stormwater Program
127 Cardinal Drive Extension
Wilmington, NC 28405-3845
Re: State Stormwater Permit Modification Submittal
SW8 030404
Response to Notice of Inspection — Not Compliant
Sunset South
Wilmington, NC
N&T Project No. 17043
Dear Ms. Lewis:
In response to your letter of September 28, 2017, please find enclosed two (2) sets of plans for
the above referenced project, one (1) set of calculations, one (1) copy of the Stormwater
Narrative, one (1) USGS map, the original Division of Water Quality Stormwater Management
Permit application, a revised Infiltration Basin #4 Supplement, and a $505.00 check for the
permit review fee.
Please review this information for approval and contact us with any questions or comments
you may have. Thank you for your assistance on this project.
Sincerely.
NORRIS & TUNSTALL
CONSULTING ENGINEERS, .C.
I
l ' rris, P.w
2-11-17 -s-sw-response Itr (LLewis-09-28-17)
Enclosures
cc: Katrina Redmon
NCBELS License C-3641

Lewis,Linda 5W ,?a3o4-o 4-
From: Lewis,Linda
Sent: Thursday, November 09, 2017 2:34 PM
To: 'Payne, John'
Subject: FW: [External] FW: 17 EHR 05445 - Sunset South Owners Association v NC DEO -
Petitioner's First Set of Interrogatories, Requests for Admissions and Request for
Production of Documents
John
I've inserted updates to Interrogatory #1 below regarding the letters I received from AW and I
arranged them in date order.
Linda
From: Lewis,Linda
Sent: Tuesday, November 07, 2017 12:08 PM
To:'Payne, John' <[e-mail]>; Scott, Georgette <[e-mail]>; Sams, Dan
<[e-mail]>
Cc: Clark, Bonisha <[e-mail]>
Subject: RE: [External] FW: 17 EHR 05445 - Sunset South Owners Association v NC DEQ - Petitioner's First Set of
Interrogatories, Requests for Admissions and Request for Production of Documents
John
These are my proposed responses to the interrogatories and admissions numbered in order as listed
in the document. Unless you direct otherwise, I will scan all of the emails and phone logs listed below
and send them to you in a separate email:
INTERROGATORIES
1. Date, type of contact and people involved with Amy Wang, any other persons at Ward & Smith,
WHA or HEO. For simplicity, I refer to myself as "LL", to Georgette Scott as "GDS", to Dan
Sams as "DS" and to Amy Wang as "AW":
December 15, 2016 — letter from AW to LL
January 10, 2017 — email / AW, K. Redmon, Karen Schraml, LL
March 20, 2017- letter from AW to LL
March 21, 2017 — email / AW, LL
April 26, 2017 — email / AW. LL
May 23, 2017 —email/ AW, LL
May 24, 2017 —email/ AW, LL
June 14, 2017 — Conference Call / AW, GDS, LL and DS
June 14, 2017 — letter from AW to LL
July 7, 2017 — email / AW, LL
July 20, 2017 — email / AW, LL
July 21, 2017 -• letter from James Conner to LL.
July 2.6, 2017 — email / AW, GDS, LL, DS
July 27, 2017 — Conference Call / AW, GDS and LL
July 31, 2017 — email / AW, K. Redmon, GDS, LL, DS, Teriann Eubanks

August 1, 2017 — email / AW, K. Redmon, GDS, LL, DS, Teriann Eubanks
September 29, 2017 — email / AW, GDS, LL, DS, John Payne, Phil Norris, and James Conner
October 27, 2017- letter from NW to LL
All the inspection reports listed in Interrogatory #3.
2. Transfer of a permit to an unwilling partV. Before SL 2011-256 became effective, it was not
possible to transfer a permit to an unwilling party. Both the current permittee and the proposed
permittee had to sign the transfer form. At times, when a proposed permittee refused to sign
the form, the Division had to remind the proposed permittee that the alternative to not
accepting the existing permit was to apply for a new one of their own, which may not be as
favorabie. However, DEMLR always encouraged the HOA and the permittee to work out a fair
compromise to resolve any deficiencies. After SL 2011-256 became effective, the Division
was allowed to transfer the permit to an HOA (willing cr not) without the signature of the HOA
as long as the project was in compliance.
3. Date and persons involved in all inspections. Per BIMS, the following inspection dates and
inspectors are noted:
September 27, 2017 — DS and LL
February 14, 2017 — DS and LL
September 30, 2015 — Steve Pusey
October 13, 2014 — Steve Pusey
August 4, 2009 — David Cox
March 18, 2009 — David Cox
February 24, 2009 — David Cox
4. Describe each non-compliance, violation inconsistency, with the permit or the law, for the past
5 years. —As stated in the above -listed inspection reports.
5. Every requirement imposed on the permit holder regarding fees, inspection requirements,
maintenance requirements and repair requirements. -As stated in the permit.
6. Annual cost estimate — UNKNOWN. This is not a factor that is considered when issuing a
permit. If the permittee desired a system that didn't require a lot of money to maintain, then
the consultant and the applicant should have gotten together and designed it that way before it
was submitted for permitting.
ADMISSIONS
1. Admitted - the permit holder is WHA.
2. Admitted - HEO is the declarant.
3. Admitted - WHA is not the declarant.
4. ?? HEO and WHA are not the same entity?? I'll let you answer this one.
5. %? We have no information showing WHA or HEO is a parent or a subsidiary of the other? I'll
let you answer this one.
6. Admitted with reservations — The attorney for Sunset South Owners Association (SSOA),
James Conner, indicated to DEMLR that we should not transfer the permit because of an
alleged violation of the terms of the settlement agreement between WHA and SSOA.
7. Admitted — we have not transferred a permit to an unwilling party outside of SL 2011-256. All
permit transfers done outside of SL 2011-256 were done at the request of the proposed

FILED
OFFICE OF ADMINISTRATIVE HEARINGS
11/07/2017 4:09 PM
STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
Sunset South Owners Association
Petitioner,
WIM
NC Department of Environmental Quality, Division of
Energy Mineral & Land Resources
Respondent.
IN THE OFFICE OF
ADMINISTRATIVE HEARINGS
17 EHR 05445
NOTICE OF HEARING
G.S. 15013-23(b)
NOTICE IS HEREBY GIVEN that the above -captioned case will be brought on for hearing
before the undersigned administrative law judge as follows:
DATE: December 13, 2017
TIME: 09:00 (or as soon thereafter as may be heard)
PLACE: Brunswick County Administration Building
Conference Room 2nd Floor
30 Government Center Drive NE
Bolivia, North Carolina 28422
1. This hearing will be conducted in accordance with G.S. Chapter 150B and the Rules of
Contested Case Hearings in the Office of Administrative Hearings, copies of which may be
obtained at cost from Molly Masich, Director of APA Services or by accessing the OAH Web
page at http://www.oah.state.nc.us/hearings/#Chapter3.
L. Unless otherwise determined by the administrative law judge, the hearing will proceed in
the following sequence:
a. Call of the case
b. Motions and other preliminary matters
c. Stipulations, agreements, or consent orders entered into the record
d. Opening statements
e. Presentation of evidence; cross-examination
f. Final arguments
3. All parties are hereby notified to bring to the hearing all documents, records, and witnesses
needed to present the party's case.

NOTE: IF SPECIAL EQUIPMENT IS REQUIRED FOR THE PRESENTATION OF
EVIDENCE, THE PARTIES ARE RESPONSIBLE FOR MAKING
ARRANGEMENTS FOR THE EQUIPM. NT.
4. Subpoenas may be available to the parties pursuant to 26 NCAC 3 .0114 to compel the
attendance of witnesses or for the production of documents.
5. A party may represent himself or be represented by an attorney. A parry who is
represented by an attorney must file a Notice of Representation within 10 days of service of this
Notice containing the name, address, and telephone number of the attorney, unless the attorney
has already corresponded with this Office concerning this case.
TAKE NOTICE THAT A FAILURE TO APPEAR AT THE HEARING MAY RESULT IN:
1. A finding that the allegations of or the issues set out in this Notice may be taken as true
or deemed proved without further evidence;
2. Dismissal of the case or allowance of the motion or petition;
3. Suppression of a claim or defense; or
4. Exclusion of evidence.
NOTICE OF CANCELLATION OF HEARING
THE PARTIES MUST NOTIFY THE OFFICE OF ADMINISTRATIVE HEARINGS AT
LEAST 24 HOURS PRIOR TO THE CANCELLATION OF THE CONTESTED CASE
HEARING. FAILURE TO GIVE TIMELY NOTICE OF CANCELLATION MAY RESULT
IN A CHARGE TO THE PARTIES FOR THE COST OF THE COURT REPORTER OR
HEARING ASSISTANT. SEE 26 NCAC 3 .0123(f).
This the 7th day of November, 2017.
Melissa Owens Lassiter
Administrative Law Judge

CERTIFICATE OF SERVICE
The undersigned certifies that, on the date shoe
Hearings sent the foregoing document to the persons
below, by electronic service as defined in 26 NCAC 03
enclosed in a wrapper addressed to the person to be
Carolina Mail Service Center who subsequently will
official depository of the United States Postal Service:
James L Conner
Calhoun Bhella & Sechrest LLP
iconner@.cbsattomevs.com
Attorney For Petitioner
John Abb Payne
N.C. Department of Justice
jpayne, nedoj.gov
Attorney For Respondent
This the 7th day of November, 2017.
vn below, the Office of Administrative
named below at the addresses shown
.0501(4), or by placing a copy thereof,
served, into the custody of the North
place the foregoing document into an
Donna R Buck
Paralegal
N. C. Office .of Administrative Hearings
6714 Mail Service Center
Raleigh NC 27699-6700
Phone: [phone]

e
Lewis,Linda
From: Lewis,Linda
Sent: Tuesday, November 07, 2017 12:08 PM
To: 'Payne, John'; Scott, Georgette; Sams, Dan
Cc: Clark, Bonisha
Subject: "E: [External] FW: 17 EHR 05445 - Sunset South Owners Association v NC DEQ -
Petitioner's First Set of Interrogatories, Requests for Admissions and Request for
Production of Documents
John
These are my proposed responses to the interrogatories and admissions numbered in order as listed
in the document. Unless you direct otherwise, I will scan all of the emails and phone logs listed below
and send them to you in a separate email:
INTERROGATORIES
1. Date, type of contact and people involved with Amy Wang, any other persons at Ward & Smith,
WHA or HEO. For simplicity, I refer to myself as "LL", to Georgette Scott as "GDS", to Dan
Sams as "DS" and to Amy Wang as "AW":
June 14, 2017 — Conference Call / AW, GDS, LL and DS
July 27, 2017 — Conference Call / AW, GDS and LL
September 29, 2017 — email / AW, GDS, LL, DS, John Payne, Phil Norris, and James Conner
August 1, 2017 — email / AW, K. Redmon, GDS, LL, DS, Teriann Eubanks
July 31, 2017 — email / AW, K. Redmon, GDS, LL, DS, Teriann Eubanks
July 26, 2017 — email / AW, GDS, LL, DS
July 20, 2017 — email / AW, LL L9,+krS rece���e
July 7, 2017 — email / AW, LL Oc i. 27 h/ L L
May 24, 2017 —email / AW, LL Dec i S �� ,A,� fv G � S
May 23, 2017 — email / AW, LL
Aprii 26, 2017 — email / AW, LL ju1 2.1 V4-7 Jaiftt) Coh"4-
March 21, 2017 —email / AW, LL file- zor? /+IV lb 61-
Uri / ¢ *zol,7 L L
January 10, 2017 —email /AW, K. Redmon, Karen ScPaml, LL
2. Transfer of a permit to an unwilling pagy. Before SL 2011-256 became effective, it was not
possible to transfer a permit to an unwilling party. Both the current permittee and the proposed
permittee had to sign the transfer form. At times, when a proposed permittee refused to sign
the form, the Division had to remind the proposed permittee that the alternative to not
accepting the existing permit was to apply for a new one of their own, which may not be as
favorable. However, DEMLR always encouraged the HOA and the permittee to work out a fair
compromise to resolve any deficiencies. After SL 2011-256 became effective, the Division
was allowed to transfer the permit to an HOA (willing or not) without the signature of the HOA
as long as the project was in compliance.
3. Date and persons involved in all inspections. Per BIMS, the following inspection dates and
inspectors are noted:
September 27, 2017 — DS and LL

Febfuaryf 14, 2017 — DS and LL
September 30, 2015 — Steve Pusey
October 13, 2014 — Steve Pusey
August 4, 2009 — David Cox
March 18, 2009 — David Cox
February 24, 2009 — David Cox
4. Describe each non-compliance, violation inconsistency, with the permit or the law, for the past
5 years. — As stated in the above -listed inspection reports.
5. Every requirement imposed on the permit holder regarding fees, inspection requirements.
maintenance requirements and repair requirements. -As stated in the permit.
6. Annual cost estimate — UNKNOWN. This is not a factor that is considered when issuing a
permit. If the permittee desired a system that didn't require a lot of money to maintain, then
the consultant and the app:icant should have gotten together and designed it that way before it
was submitted for permitting.
ADMISSIONS
1. Admitted - the permit holder is WHA.
2. Admitted - HEO is the declarant.
3. Admitted - WHA is not the declarant.
4. ?? HEO and WHA are not the same entity?? I'll let you answer this one.
5. ?? We have no information showing WHA or HEO is a parent or a subsidiary of the other? I'll
let you answer this one.
6. Admitted with reservations — The attorney for Sunset South Owners Association (SSOA),
James Conner, indicated to DEMLR that we should not transfer the permit because of an
alleged violation of the terms of the settlement agreement between WHA and SSOA.
7. Admitted — we have not transferred a permit to an unwilling party outside of SL 2011-256. All
permit transfers done outside of SL 2011-256 were done at the request of the proposed
permittee. Whether the proposed permittee wants the permit is irrelevant. They are required to
have a permit, too or they will be in violation of NCGS 143-215.
8. For attorney — certify that EX A is a true copy of the declaration.
9. For attorney — certify that EX B is a true copy of the Article of Incorporation.
10. For attorney — certify that EX C is a true copy of DEMLR's August 2 2017 letter to Mr. Conner.
It looks correct.
11.Admitted with reservations —the HOA has not signed an O&M agreement, but under SL 2011-
256, they are not required to.
12.Admitted with reservations — the BUA limit has been exceeded, but the permit was modified to
reflect a new BUA allocation for the lot in question. A copy of the recorded amendment to
legally change that lot's BUA limit has not been provided because only the HOA can amend
the covenants. It is understood that the HOA will have to approve the amendment and provide
a copy to the Division after they become the permittee of record.
13.Admitted — Basin #4 is not in compliance with the permit. It is not drawing down within 5 days.
A modification is in the works to address the problem.
14.1 think they have referred to Exhibit C twice?? Once for the August 2, 2017 letter to Mr. Conner
and again for DEMLR's September 28, 2017 letter to WHA?? I'll let you address that, but it
looks right to me.
Linda

From: Payne, John [mailto:[e-mail]]
Sent: Wednesday, November 01, 2017 9:45 AM
To: Scott, Georgette <[e-mail]>; Lewis,Linda <[e-mail]>; Sams, Dan
<[e-mail]>
Cc: Clark, Bonisha <[e-mail]>
Subject: RE: [External] FW: 17 EHR 05445 - Sunset South Owners Association v NC DEQ - Petitioner's First Set of
Interrogatories, Requests for Admissions and Request for Production of Documents
CCU *14, External email. Do not click links or open attachments unless verified. Send all suspicious email as an attachment to
re�ort.s�am�a s�c.gov.
No problem. I will do what I can cn the PHI's and we can catch up nez week.
Thanks Georgette.
John
John A. Payne
North Carolina Department of Justice
Assistant Attorney General
Environmental Division
[phone]
jpayne�ncdoi.na_v,
1,14 W. Edenton St., Raleigh, NC 27603
Please note messages to or from this address may be public records.
From: Scott, Georgette [mailto:_geor�e te.scett@nccjenr:g_av]
Sent: Wednesday, November 01, 2017 9:43 AM
To: Payne, John; Lewis,Linda; Sams, Dan
Cc: Clark, Bonisha
Subject: RE: [External] FW: 17 EHR 05445 - Sunset South Owners Association v NC DEQ - Petitioner's First Set of
Interrogatories, Requests for Admissions and Request for Production of Documents
Linda is out this week.
Georgette Scott
State Stormwater Program Supervisor
Department of Environmental Quality
Office [phone]
Fax [phone]
Georgette Scottncdenr.gov_
127 Cardinal Drive Ext.
Wilmington, NC 28405

"No; ping Compar -
�.,T .r '�.. .. . .
From: Payne, John [rr_ailto:JPAYNE@ncdci.-ruv]
Sent: Tuesday, October 31, 2017 3:50 PM
To: Lewis,Linda <iinda.lewis a .acwi--nr.iTov>; Scott, Georgette <gOorge:ae ;;rott'LOnc--
.� dQnr>; Sams, Dan
<dan.surr:sL:)ncc anr.gov>
Cc: Clark, Bonisha <�clar (rznccloi�ov>
Subject: [External] FW: 17 EHR 05445 - Sunset South Owners Association v NC DEQ - Petitioner's First Set of
Interrogatories, Requests for Admissions and Request for Production of Documents
CA:i'MIN> External email. Do not click links or open attachments unless verified. Send all suspicious eimail as an attachment to
rc-�rt..�a?n�c nc_gov.
All,
We have received discovery in this case, which we have to answer. There are not a ton of quest^ons. We can go over
which ones are appropriate for you all to answer and which ones Bonisha and I answer. Some aro obvious and feel free
to answer at any time.
I am finishing up a criminal brief tomorrow and early Thursday, but will get on this as soon as it's completed. I just
wanted to get it in your hands sooner than late.
I also want to talk to you all about how to proceed with our defense since we have not issued the permit. I will give you
all a call.
Thanks,
John
John A. Payne
North Carolina Department of Justice
Assistant Attorney General
F Environmental Division
[phone]
ipayne(@ncdow.gov
11.4 W. Edenton St., Raleigh, NC 27603
Please note messages to or from this address may be public records.
From: Christine Paone [mailto:cpaono.@ ' -- terneys.com]
Sent: Thursday, October 26, 2017 4:26 PM
To: Payne, John
Cc: Clark, Bonisha; Jim Conner
Subject: 17 EHR 05445 - Sunset South Owners Association v NC DEQ- Petitioner's First Set of Interrogatories, Requests
for Admissions and Request for Production of Documents

Good afternoon, Mr. Payne:
Attached is a courtesy copy of Petitioner's First Set of Interrogatories, Requests for Admissions
and Request for Production of Documents with regard to the above -referenced matter.
i his document will also be served upon your office via US Mail today.
Have a wonderful day.
Sincerely,
Christine M. Paone
Paralegal to James L. Conner, II
Christine M. Paone
Paralegal
919-887-2609 direct
f''��i►r3�tn I�#hr�l�a �- �n�hrrr'� � i Ss
4819 Emperor Boulevard, Suite 400
Durham, North Carolina 27703
www.cbsattorneys.com
This electronic message contains information from the law firm of Calhoun, Bhella & Sechrest, LLP. The contents may be
privileged and confidential and are intended for the use of the intended addressee(s) only. If you are not an intended
addressee, note that any disclosure, copying, distribution, or use of the contents of this message is prohibited. If you
have received this e-mail in error, please contact me at cpaonecbsattorneys.r_om

STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
SUNSET SOUTH OWNERS ASSOCIATION
Petitioner,
V.
NC DEPARTMENT OF ENVIRONMENT
QUALITY, DIVISION OF ENERGY
MINERAL AND LAND RESOURCES,
Respondent.
IN THE OFFICE OF
ADMINISTRATIVE HEARINGS
17 EHR 05445
PETITIONER'S FIRST SET OF
INTERROGATORIES, REQUESTS FOR
ADMISSIONS AND REQUESTS FOR
PRODUCTION OF DOCUMENTS
NOW COMES Petitioner, Sunset South Owners Association (hereinafter "Petitioner")
pursuant to Rules 33, 34 and 36 of the North Carolina Rules of Civil Procedure, and serves upon
Respondent. North Carolina Department of Environmental Quality, Division of Energy Mineral
and Land Resources (hereinafter "Respondent") the following First Set of Interrogatories,
Requests for Admissions and Request for Production of Documents:
INSTRUCTIONS
The Interrogatories are made pursuant to Rule 33 of the North Carolina Rules of Civil
Procedure. You are required to answer these Interrogatories within thirty (30) days under oath and
you are required to furnish all information available to you, including information in the possession
of your attorney or any Person acting in your or your attorney's behalf, and not merely such
information as is known of your own Personal knowledge. If any interrogatory cannot be answered
in full, answer to the extent possible and specify reasons for inability to answer.
The Requests for Production of Documents are made pursuant to Rule 34 of the North
Carolina Rules of Civil Procedure. In response to the Requests for Production, you are requested
to produce for inspection and copying all Documents described below which are in your
possession, custody or control at the offices of Calhoun, Bhella & Sechrest, LLP, 4819 Emperor
Boulevard, Suite 400, Durham, North Carolina 27703, within thirty (30) days after service hereof.
In lieu of producing originals for inspection and copying, Petitioners will accept copies delivered
at the above Address within thirty (30) days after service hereof.

The Requests for Admission are made pursuant to Rule 36 of the North Carolina Rules of
Civil Procedure and request that you admit the truth of the matters of fact set forth in these requests
for the purposes of this action only and subject to all. pertinent objections to admissibility which
may be interposed at trial. Each of these matters of which an admission is requested shall be
deemed admitted, unless within thirty days you serve on Petitioner admissions, denials, or
objections as provided for in Rule 36 of the North Carolina Rules of Civil Procedure. A denial
shall fairly meet the substance of the requested admission, and when good faith requires that a
party qualify his answer or deny only a part of the matter of which an admission is requested, he
shall specify so much of it as is true and qualify or deny the remainder. An answering party may
not give lack of information or knowledge as a reason for failure to admit or deny unless he states
that he has made reasonable inquiry and that the information known or readily obtainable by him
is insufficient to enable him to admit or deny.
You are reminded that you are under a duty to seasonably supplement your answers to
these Interrogatories, Admissions and Requests and to seasonably amend a prior response if you
obtain information upon the basis of which (a) you know that the response was incorrect when
made, or (b) you know that the response, though correct when made, is no longer true. Any such
supplemental response is to be filed and served upon counsel of record for the Respondent within
fifteen (15) days after receipt of such information.
DEFINITIONS and INSTRUCTIONS
Unless otherwise indicated, the following definitions shall be applicable to these
Interrogatories, Requests for Admissions and Request for Production of Documents:
1. "Address" shall mean the street number, street name, city, and state of the Person,
business or other entity.
2. "Complaint," "Petition" or "Litigation" shall mean the Petition filed on August 15,
2017 in the Office of Administrative Hearings bearing the case number 17 EHR 05445 and all
subsequent supplemental and amended complaints and all judicial disputes or actions flowing
therefrom.
3. The word " locument" as used herein shall be interpreted J its broadest sense to
include any medium that stores, records, or preserves information that is in or subject to the
possession, custody, or control of Respondent, however generated or received. Documents shall
include, without limitation: all originals and non -identical copies and reproductions, whether
different from the original by reason of any notation made on such copies or otherwise (including
without limitation all drafts, modifications, changes and amendments), of all written, reported,
recorded, or graphic matter within the scope of North Carolina Rule of Civil Procedure 26,
however produced or reproduced, which is now, or was at any time, in the possession, custody, or
control of Petitioner and/or its agent(s) including, but not limited to, all reports, memoranda, notes
(including reports, memoranda, and notes of conversations and conferences), financial reports,
statistics, records, letters, envelopes, telegrams, messages, studies, analyses, books, articles,
magazines, newspapers, booklets, circulars, bulletins, notices, instructions, accounts, pamphlets,
pictures, films, microfiche, microfilm, motion pictures, maps, contracts, work papers, arithmetical
computations, minutes of all communications of any type (including inter- and intra-office
2

communications), purchase orders, invoices, statements of account, questionnaires, receipts,
returns, summaries, applications,, permits, plans, drawings, surveys, graphs, file wrappers, indices,
telephone calls, meetings or printouts, teletypes, telefax, worksheets, recordings, video or audio
tapes, punch cards, removable computer storage media such as tapes, discs and cards, magnetic
tapes, drives, data cells, drums, printouts, Document image files, x-rays, hard drives, broken or
discarded hard drives, mainframes, LANs, file servers, servers, PCs, PDAs, Personal cellular
telephones, company -issued cellular telephones, `Blackberry" devices, "Treo" devices, iPhones,
any other hand-held communication and/or data storage devices, flash drives, external hard drives,
compact flash memory cards, memory sticks, zip drives, CD-ROMs, CD- RWs, DVDs, DVD-
ROM, DVD-R, DVD recordable drives, floppy discs, optical discs, files and tapes, external hard
drives, voicemails, archived tapes, computer and network activity logs, printouts, screen prints and
screen "captures" of websites on the Internet and the company's intranet, Web pages, databases,
spreadsheets, software, records and electronic data contained in off -site storage, e-mail and
attachments, "deleted" e-mail, portable laptop computers, magnetic, optical or electronic
recordings and other data compilations from which information may be obtained.
4. "Identify" or "identification," when used with reference to a Person, shall mean to
state the full name, present or last known Address of said Person, telephone number(s) and email
Address(es).
5. "Identify" or "identification," when used with reference to a Document, shall mean
to state its date, author or signer, type of Document and all other means of identifying it and its
present or last known location or custodian; if any Document was, but no longer, is in your
possession, custody, or control, state what disposition was made of it and the reason for its
disposition.
6. "Identify" or "identification," when used with reference to an oral communication,
conference or meeting means to state the date of the communication, conference or meeting, the
identity of all parties to the communication, conference or meeting, and to state the subject matter
of the communication, conference or meeting, and the general substance of what was said and/or
transpired.
7. The words "or" and "and" each mean "and/or."
&. The phrases "relating to," "relate to" and "related to" are used in their broadest
sense, and mean exposing, explaining, summarizing, detailing, listing, compiling, noting,
proposing, terminating or otherwise referring or pertaining to the subject matter of the request.
9. "Person" shall mean any individual, partnership, firm, association, corporation or
other business, governmental or legal entity.
10. "You" or "Your" shall mean the North Carolina Department of Environmental
Quality, Division of Energy Mineral and Land Resources and each of its attorneys, employees,
agents, and representatives and all other Persons acting on its behalf.
3

11. "Respondent" shall mean the North Carolina Department of Environmental
Quality, Division of Energy Mineral and Land Resources as well as its attorneys, employees,
agents, or representatives and all other Persons acting on its behalf.
12. "Petitioner" shall mean Sunset South Owners Association.
13. "WHA" means the Wilmington Housing Authority, and if appropriate in context,
its employees, directors, officers, attorneys, agents, and associates.
14. "HEO" means Housing and Economic Opportunities, Inc., and if appropriate in
context, its employees, directors, officers, attorneys, agents, and associates.
15. "Permit" and "the Permit" mean State Stormwater Management Permit No. SW8
030404, or the state stormwater permit covering Sunset South neighborhood if known by a
different number.
16. The "Stormwater System" is the stormwater system permitted under the Permit.
17. All requested Documents are to be produced i Eorm]at
INTERROGATORIES
1. Identify by date, people involved, and type of contact (e.g. email, telephone, letter, in
person) each contact You have had with Amy Wang, other persons at Ward & Smith law firm,
and any other representative of WHA or HEO regarding Sunset South, the Stormwater System,
or the Permit.
ANSWER: Uu4.e ¢ 2ZO i
Tv/, . Zi 2Dl'7
Zy Z00
ZUr?
C21I GD516LI DS
C'2l I G DS GL
2hr2i ( G PS G (.10 3'% 3G�701 p2r,C,Q �rll �/C/17'x/
2 US/ b 5 /Ter,' an n i�af,iC S'
2. If there are situations in which You would transfer a permit to an entity or Person
who did not request and does not want the permit, other than from a declarant to an owner's
association as authorized under N.C. Gen. Stat. Section 143-214.7(c2), Identify every such other _
situation. If there are none, answer "None". kfi ZG// SL, hoc? e- FfQc Q
ANSWER: i S in Cc," P I -J j C4L .
� GDS((�s l
TU( Z(0 wI ����
--Uul 2b Zot ? /
2M2�1 C.L am
L o�
Z011
M Z¢ l GL�lly 4
� Z 3 emar( L,16 o S
,O // ZG .elh,all buf 19
NI2�- 2iea ?r G� oI y
72h /0j V&dM0,) /�v, sc�ir' n l LC

3. State the date of and persons involved in every inspection of the Stormwater
System in which You have beenj�?Iveor of which You ar aw
ANS` EuR: 2—� �- S 2.2
—27-17 3-/Y.D9 0of
V C
4. Describe each non-compliance, Permit vic'1��ft5,,�cd�rSistenIdy'ith the Permit,
and violation of or inconsistency with applicable law and regulation, of the Sunset South
Stormwater System both presently and over the past five years. 1
ANSWER: 1.5 5f2T2c( /,i f- r/'� OOJ� M510'C-� Gh r,0fs.
CcyDje! fflr^oodd 0`
Describe every requirement imposed on the holder of the Permit regarding the
Stormwater System, including but not limited to: fees, inspection requirements, maintenance
requirements, repair requirements.
ANSWER: '4 f sf2T.2� /"
h
6. Estimate the annual cost to the Permit holder of meeting those requirements. --�/
ANSWER: On��� — h� 2 Iced ✓ ir1 Jc-e
da5i5nao—I GGv15017f d ? ,P �2lr�%��l ��l ovr� JJ� �s Gv.3 S
f zf bake_ caligSiJM , nY •�(.e �rvJ �G7F
7. As to each Request for Admission to which You have answered other than
"Admitted", describe in full every reason for Your non -admission.
ANSWER:

REQUESTS FOR ADMISSIONS
i. Admit that ti�e1Permit holder is WHA.
ANSWER: Yes 7d''(J'+s? — 2c'm t-"eW
2. Admit that HEO is the Declarant under the Declaration of Covenants, Conditions,
Restrictions and Easements of Sunset South (attached as Exhibit A).
ANSWER: Y2
3.Admit that WHA is not the Declarant under Declaration of Covenants, Conditions,
Restrictions and Easements of Sunset South (attached as Exhibit A).
ANSWER: y,, f — fY'rc�
4. Admit that HEO and WHA are not the same entity.
5. Admit that You have no information showing that either WHA or HEO is a parent or
subsidiary of the other. 2
ANSWER:
6. Admit that Sunset South Owners Association has indicated to You that it does not
want the Permit transferred to it.
ANSWER: Y Z5
3

7. Admit that in the past ten (10) years You have not transferred a permit to a Person
or entity who neither wanted nor requested the permit, other than from a declarant to an owner's
association as authorized under1N.C. Gen. Stat. Section 143-214.7(c2)). l
ANSWER: -re-%V 2 1 . GV�].�Pr- �n Phi L✓ ITS �lQ
5 %1G-1 1 31rS' 4��� 2J � l�
8. Admit that the attached Exhibit A is a true and accurate copy of the Declaration
of Covenants, Conditions, Restrictions and Easements of Sunset South. Fr- -,Of 4?a
9. Admit that the attached Exhibit B is a true and accurate copy of the Articles of
Incorporation of Housing and Economic Opportunities, Inc. Fr,,
ANSWER: 4�
10. Admit that the attached Exhibit C is a true and accurate copy of Your letter to
James Conner dated August 2, 2017,
11. Admit that Sunset South Owners Association has not signed an operation and
maintenance agreement regarding the Stormwater System. '11-ux I bwf -he�r a-e-
ANSWER: n o f Y¢ �ul r Z2 ,ilk un c(a- 11-3L W f l - Zj-&
12. Admit that the Stormwater System is in violation of the built upon area (BUA)
limitations in the,.Pervuit.. / / ,[-
ANSWER: rGt¢y �� �P.r'r+/� (+/2J' f�1GCY� �i�U►
,13vj4
�v��q�, hw� f �- f 7h� Cam, �9 came �oM
)A s h ar n u� b.�p� r y
13. Admit that stormwater Bas'n #4 is in violation of either Permit or regulatory
requirements, or both. j j f i j` e • G� l�
5 �lrT
ANSWER: 4 �r4�!
.� ,,,1046i lb �es� �/ p
1S �n 7

14. Admit that the attached Exhibit is a true and correct copy of a letter You sent
to WHA on September 28, 2017. /
ANSWER:
REQUEST FOR PRODUCTION OF DOCUMENTS
1. All written communications (whether now or originally in paper, electronic or
other format —please note that this includes, inter alia, emails and texts) You have had with
Amy Wang, other persons at Ward & Smith law firm, and any other representative of WHA or
HEO regarding Sunset South, the Stormwater System, or the Permit.
RESPONSE: Gr
2. All documents pertaining to the Permit (including a full and complete copy of the
Permit), the Stormwater System, or Sunset South in Your possession or control, whether now or
originally in paper, electronic or other format.
RESPONSE: 04-
3. All notes of telephone or in person communications, calendar entries, and other
evidence of verbal communications You have had with Amy Wang, other persons at Ward &
Smith law firm, and any other representative of WHA or HEO regarding Sunset South, the
Stormwater System, or the Permit.
RESPONSE:
61L
8

Respectfully submitted, this 26t' day of October, 2017
CALHOUN, BHELLA & SECHREST, LLP
mes
NC State Bar�No. 12365
•.,R 4819 Em yr Boulevard, Suite 400
Durham, North Carolina 27703
Telephone: [phone]
Facsimile: [phone]
Email: ,iconner(a cbsattorneys
Attorney for Petitioner

CERTIFICATE OF SERVICE
T lre undersigned attorney hereby certifies that a copy of tfie foregoing PEYTI T tj r1 3
FIRST SET OF INTERROGATORIES, REQUEST FOR ADMISSIONS AND REQUEST
FOR PRODUCTION OF DOCUMENTS was served on the following parties to this action by:
(X) email ( ) Facsimile ( ) Federal Express ( ) hand delivery (X) by depositing a copy of the
same in the United States Mail postage prepaid and addressed to:
John A. Payne, Assistant Attorney General
COUNSEL FOR RESPONDENT
NC Bar No.: 24966
NC Department of Justice
Post Office Box 629
Raleigh, NC 27602
Telephone: [phone]
Facsimile: [phone]
Email: jpayne�wncdoj.gov
This the 26t' day of October, 2017
10
CALHOUN, BHELLA & SECHREST, LLP
James L. Con t"JI- ----
NC State Bar o. 12365
'4i4 r Boulevard, Suite 400
Durham, North Carolina 27703
Telephone: [phone]
Facsimile: [phone]
Email: jconner&cbsattome, s
Attorney for Petitioner

INSWARDAMSMITRRk AMY P. WANG, Attorney at Law
1001 College Court (28562)
Post Office Box 867
New Bern, NC 28563-0867
October 27, 2017
VIA EMAIL [e-mail])
ORIGINAL VIA U.S. MAIL
Ms. Linda Lewis
N.C. Department Environmental Quality
Division of Energy, Minerals and Land Resources
127 Cardinal Drive Extension
Wilmington, NC 28405
RE: Response to Notice of Inspection dated September 28, 2017
Stormwater Permit No. SW8 030404
Sunset South, New Hanover County, North Carolina
Our File 021074-00030
Dear Linda:
P: 252.672.5516
F: 252.672.5477
[e-mail]
RECEIVE
DCT 3 0 1017 D
The Housing Authority of the City of Wilmington, North Carolina ("WHA") received your Notice of
Inspection dated September 28, 2017, regarding stormwater infiltration basin #4 located on common
area property owned by Sunset South Owners Association, Inc., in the Sunset South community. This
letter will respond with a plan of action.
WHA engaged Mr. Phil Norris of Norris and Tunstall to perform investigative work to determine why
you observed that basin #4 is not meeting the five day draw down requirement. Mr. Norris took soil
samples from the side of the basin to see where the water table is located and determine the best and
most economical solution. He completed his review of the soils report and an as -built survey for basin
#4 and concluded that the basin was over excavated during construction leaving the bottom elevation
near or at the seasonal high water table. This explains why the water does not soak into the ground
within the permitted 5-day window during wet periods.
It is our understanding that Mr. Norris discussed with you his recommendation that the basin be filled in
with clean sand to an elevation that will provide the required separation of 2 feet above the seasonal high
water table and replacing the existing storm drain pipe with a bubbler box. We await your response as
to whether his recommendation will require a plan revision or an additional modification to Stormwater
Permit SW8 030404. Once that determination is made, WHA will implement Mr. Norris's solution and
complete any required plan revisions or modification.
ASHEVILLE GREENVILLE NEW BERN
www.wardandsmith.com
RALEIGH WILMINGTON

'WARDAND SMITH, P.A.
Ms. Linda Lewis
October 27, 2017
Page 2
Please call me with any questions you may have. Otherwise, please acknowledge in writing receipt of
this plan of action.
Yours very truly,
Amy P. Wang
ND: 4839-6787-3873, v. 1
cc: Housing Authority of the City of Wilmington, North Carolina (via email)
Phil Norris, P.E., Norris and Tunstall (via email)
Jim Conner, Esq. (via email)

Lewis,Linda
From: Lewis,Linda
Sent: Friday, October 27, 2017 2:31 PM
To: 'Teriann O. Eubanks - 5409'
Cc: '[e-mail]'; [e-mail]; Amy P. Wang - 5516; 'Payne,
John'; Scott, Georgette; Sams, Dan
Subject: RE: [External] Sunset South, New Hanover County, NC
Than[; you.
.As discussed with Phil Norris, the proposed changes will require a permit modification since
elevations, volumes and plan details will be changing and new calculations will need to be reviewed.
Linda
From: Teriann O. Eubanks - 5409 [mailto:[e-mail]]
Sent: Friday, October 27, 2017 11:50 AM
To: Lewis,Linda <[e-mail]>
Cc: '[e-mail]'<[e-mail]>;'[e-mail]'
<[e-mail]>; Amy P. Wang - 5516 <[e-mail]>
Subject: [External] Sunset South, New Hanover County, NC
CAUTION, This email originated from outside of the organization: Do not click links or open attachments unless you verify that the
attachment and content are safe, Send all suspicious email as an attachment to reportspam@nc gov.
The attached letter is being sent to you on behalf of Amy Wang. Any questions concerning the
attached should be directed to her at [e-mail].
Thank you,
Teriann O. Eubanks
Administrative Assistant
Ward and Smith, P.A.
1001 College Court (28562) 1 Post Office Box 867
New Bern,2.67 NC 2 1 F: -0867
252.6
P: 252.672.5409 � F: 252.672.5477
V-card I www.wardandsmith.com
If you have received this confidential message in ;-rror, ai_-ase destroy it and any
attachments without readin , printing, copying or forwarding it. Please let us know of
the error immediately so that t-.vp can prevent it from happening again. You may reply
directly to the sender of this message. Neither the name of Ward and Smith, P.A. or its
representative, nor transmission of this email from Ward and Smith, P.A., shall be
considered an electronic signature unless specifically stated otherwise in this email by
a licensed attorney employed by :yard and Smith, P.H. Thank you.

Energy, Mineral &
Land Resources
ENVIRONMENTAL QUALITY
September 28, 2017
Wilmington Housing Authority
AT IN: Katrina Redmon, CEO
1524 South 16th Street
Wilmington, NC 28401
Subject: Notice of Inspection — Not Compliant
Sunset South
State Stormwater Management Permit No. SW8 030404
New Hanover County
Dear Ms. Redmon:
ROY COOPER
Governor
MICHAEL S. REGAN
secretary
TRACY DAVIS
Director
On December 19, 2016, the Division received a request from the Wilmington Housing Authority to
transfer the permit to the Sunset South Owners Association, Inc. On February 14, 2017, and again on
September 27, 2017, the Wilmington Regional Office of the Division of Energy, Mineral and Land
Resources (DEMLR) inspected Sunset South, located off Southern Boulevard at Jefferson Street in
Wilmington, New Hanover County to determine the status of compliance with the State Stormwater
Management Permit, Number SW8 030404 issued on July 10, 2003. The DEMLR site inspection reveals
that the site is not in compliance with the terms and conditions of this permit. Please find a copy of the
completed form entitled "Compliance Inspection Report" attached to this letter, which summarizes the
findings of the most recent inspection.
As indicated in the attached inspection report, it has been 5 days since the last rainfall event on the
afternoon of September 21, 2017. Basin #4 is still holding water and is not drawing down within 5 days.
At this point, you can either elect to perform the necessary investigative work to determine why the basin
is not meeting the drawing down requirements or you can replace or convert Basin 44 to another type of
SCM, such as a wet detention pond. A few things to keep in mind regarding the replacement or
conversion of a permitted SCM are:
1. It will require the submission of a permit modification, revised -plans and details, calculations,
application fee, etc.
2. Most SCM's will require the construction of an outlet structure and piping to the nearest available
drainage outlet.
3. Once the replacement SCM is permitted and constructed, another designer's certification will be
required.
Please be advised that the project must be in compliance with the rules, the permit conditions and the
approved plans, prior to transferring the permit to the HOA. Until the Division approves of the permit
transfer, the WHA is required to comply with the terms, conditions and limitations of the Stormwater
Management Permit under Title 15A North Carolina Administrative Code 2H .1003 and North Carolina
General Statute 143-214.7, including the continued operation and maintenance of the permitted
stormwater system.
Failure to provide the requested information, or to respond to this letter with a plan of action, including a
reasonable timeline to resolve the identified deficiency, by October 28, 2017, are considered violations of
the permit. If the requested information is not submitted to this office by the due date, then DEMLR staff
will re -inspect the site and may issue a Notice of Violation. Please also note that any individual or entity
found to be in noncompliance with the provisions of a stormwater management permit or the stormwater
rules is subject to enforcement action as set forth in NCGS 143 Article 21.
State of North Carolina I Environmental Quality 1 Energy, Mineral and Land Resources
Wilmingtoa Regional Office 1 127 Cardinal Drive Extension i Wilmington, NC 28405
910 796 T215

Stale Strrrinwater Permit No. SW8 030404
Page 2 of 2 .,
If you have any questions, please contact me at the Wilmington Regional Office, telephone number (910)-
796-7215 or via email at linda.lewis{r,,ncdelv'.R_civ.
Sincerely,
C
Linda Lewis, E.I.
Environmental Engineer III
Enc: Compliance Inspection Report
Picture of BMP #4
�Fl-i GDS\arl: G:\\\Stormwater\Permits & Projects\2003\030404 HD\2017 09 CEI_deficient 030404
cc: Phil Norris, P.E., Norris and Tunstall
Jim Conner, SSOA Attorney, Calhoun, Bhella & Sechrest via email iconner a, ebsattorneys.com
Amy Wang, WHA Attorney, Ward & Smith via email apw@)wardandslnith.com
John A. Payne, Assistant Attorney General via email ipaNne@ncdoi..gov
Georgette Scott, Wilmington Regional Office Stormwater Supervisor
WiRO Stormwater Permit File
State of North Carolina 1 EnvironmentalQuality 1 Energy, Nlineial and Land Resources
Mimington Regional Office 1 127 Cardinal Drive Extension I "Mmingtorr, NC 28405
910 796 7215

Compliance Inspection Report
Permit:
SW8030404 Effective:08/01/17
Project:
Sunset South
Owner:
Wilmington Housing Authority
County:
New Hanover
Region:
Wilmington
Expiration: 07/10/25
Adress: Southern Blvd
City/State/Zip: Wilmington NC 28402
Contact Person: Katrina Redmon Title: CEO Phone: [phone]
Directions to Project:
From intersection of US 421 and US 17, take US 17 towards Carolina Beach. Turn right onto Southern Blvd. to Jefferson Street.
Project is on the left.
Type of Project: State Stormwater - HD - Infiltration
Drain Areas: 1 - (CAPE FEAR RIVER) (03-06-17) (SC)
2 - (CAPE FEAR RIVER) (03-06-17) (SC)
3 - (CAPE FEAR RIVER) (03-06-17) (SC)
4 - (CAPE FEAR RIVER) (03-06-17) (SC)
On -Site Representative(s):
Related Permits:
Inspection Date: 09/27/2017 Entry Time: 11:40AM
Primary Inspector: Alida R Lewis
Secondary Inspector(s): AL
Reason for Inspection: Follow-up
Permit Inspection Type: State Stormwater
Facility Status: ❑ Compliant IN Not Compliant
Question Areas:
M State Stormwater
(See attachment summary)
Exit Time: 11:55AM
Phone: [phone]
Inspection Type: Transfer Renewal
page: 1

Permit: ;VA030404 Owner • Project: WlrninUlon Housing Authority
Inspection Date: 09/27/2017 Inspection Type 1 ranste:r Renewal Reason for Visit: Follow-up
Inspection Summary:
Basin #4 is not meeting the 5 day drawdown requirement. From Friday, September 21, 2017 through Tuesday;
September 26, 2017, there was no rainfall in that area; but the attached photographs indicate a significant amount of
standing water in that basin. The other 3 basins were almost completely drawn down (muddy bottoms)
The permittee will need to address the lack of infiltration within 5 days prior to transferring the permit. This will require a
permit modification if the proposed solution is to convert the basin into a wet detention pond.
The issue of the added sidewalks has been addressed by the recently approved permit modification However; the
amended deed restrictions to cover the BUA overage on one of the lots have not been recorded becasue the current
permittee no longer has standing in the HOA to effect a vote. The HOA will have to vote to approve the amendment and
record it after they become the permittee.
File Review Yes No NA NE
Is the permit active? F ❑ ❑ ❑
Signed copy of the Engineer's certification is in the file? ®l ❑ ❑ ❑
Signed copy of the Operation & Maintenance Agreement is in the file? ®� ❑ ❑ ❑
Copy of the recorded deed restrictions is in the file? �i ❑ ❑ ❑
Comment:
SW Measures Yes No NA NE
Are the SW measures constructed as per the approved plans? a ❑ ❑ ❑
Are the inlets located per the approved plans? ❑ ❑ ❑
Are the outlet structures located per the approved plans? ❑ ❑ ❑
Comment:
Operation and Maintenance Yes No NA NE
Are the SW measures being maintained and operated as per the permit requirements? ❑ a ❑ ❑
Are the SW BMP inspection and maintenance records complete and available for review or provided to ❑ ❑ ❑
DWQ upon request?
Comment: 1 Basin #4 is not meeting the 5 day drawdown requirement.
page: 2

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Lewis,Linda
From: Lewis,Linda
Sent: Thursday, September 28, 2017 12:45 PM
To: 'Amy P. Wang - 5516'; [e-mail]'; 'Payne, John'
Cc: Sams, Dan; Scott, Georgette; 'Phil Norris'
Subject: FW: Emailing: IMG_0389 (002) WRONG PICTURE
Attachments: IMG_0389 (002)jpg
Sorry everyone, I attached the wrong picture. The picture you received was of Basin #3. The attached picture
is Basin #4.
Sorry for the confusion.
Linda
-----Original Message -----
From: Lewis,Linda
Sent: Thursday, September 28, 2017 12:43 PM
To: Lewis,Linda <[e-mail]>
Subject: Emailing: IMG_0389 (002)
Your message is ready to be sent with the following file or link attachments:
IMG_0389 (002)
Note: To protect against computer viruses, e-mail programs may prevent sending or receiving certain types of
file attachments. Check your e-mail security settings to determine how attachments are handled.

Lewis,Linda
From: Lewis,Linda
Sent: Thursday, September 28, 2017 12:41 PM
To: 'Amy P. Wang - 5516'; [e-mail]'; 'Payne, John'
Cc: Sams, Dan; Scott, Georgette; 'Phil Norris'
Subject: SW8 030404 Inspection Report Sunset South
Attachments: Emailing: IMG_0390 (002); 2017 09 CEI_BIMS 030404.pdf, 030404.pdf
IW
Please find attached the inspection letter and report, and a picture of Basin #4 in its current condition.
The picture was taken around 11:45 am on Wednesday September 27, 2017.
Hardcopies will be mailed via LISPS to each of you as well.
Thank you.
Linda Lewis, E.I.
Environmental Engineer III
Division of Energy, Mineral and Land Resources
Department of Environmental Quality
910-796-7215 Office
Iinda.lewisCaD.ncdenr.gov
Wilmington Regional Office
127 Cardinal Drive Extension
Wilmington, NC 28405

ia'J,
r
Illy
&4�
9`1

Lewis,Linda
From: Lewis,Linda
Sent: Friday, September 22, 2017 10:25 AM
To: 'Payne, John'; Sams, Dan; Scott, Georgette
Subject: RE: Sunset South -Basin #4 after 5 days w/o rain
John
I had emailed you on Monday that the NWS daily precipitation map indicated there was 0.25 - 0.5
inches of rain on Sunday. Perhaps Mr. Conner feels that 0.5 inches is not a measurable rain? I would
have to say that 0.5 inches is a measurable rain, and that we have not had 5 days without a
"measurable" rain in quite a while.
Dan and I went out there on Wednesday morning (September 20t" around 9:15 am) and observed a
water level close to what this picture taken on the 21st shows. Having said that, we believe that
because the water level in Basin #4 was that high at the beginning of the 3rd day without any rain, it
probably would not have been much lower by Friday afternoon (the end of the 5th day).
The original design calculations prepared by Mr. Norris, sealed on April 3, 2003, indicate that a 35.5
in / hr infiltration rate was used to determine that the design drawdown time for the 25 year storm
(about 8 inches of rain) was less than 3 hours. I spoke with Phil Norris, P.E., yesterday regarding
another matter and took the opportunity to bring up Sunset South. Mr. Norris agreed that it was
probably time to take a closer look at other options for Basin #4 including:
1. Conduct a soils investigation to confirm the SHWT;
2. Conduct a soils investigation to see if there is a confining hardpan or clay layer that didn't show
up on the original soils report;
3. Remediate the existing soils on the bottom by removing and replacing with sand or an
engineered infiltration media to promote infiltration;
4. Convert Basin #4 into a wet pond;
5. If the SHWT is higher than originally thought, and in the absence of a confining layer, it might
be possible to convert Basin #4 into a constructed wetland.
It appears that because these basins have enough storage capacity to accommodate a 50-year storm
event without overtopping, no other outlet or bypass piping was required, other than infiltration
through the bottom. Because of this, Options 4 and 5 will be more expensive to implement because
they will require a nearby outlet to discharge the runoff into and the construction of an outlet structure
and a discharge pipe to reach that outlet.
Linda
From: Payne, John [mailto:[e-mail]]
Sent: Friday, September 22, 2017 8:40 AM
To: Sams, Dan <[e-mail]>; Lewis,Linda <[e-mail]>; Scott, Georgette
<geo rgette.scott@ n cden r.gov>
Subject: FW: Sunset South -Basin #4 after 5 days w/o rain

I arri forwarding the e-mail I received from Jim Connor. I don't know if those ducks are a real or were strategically placed
on the water?
I will be in an Enforcement Meeting with DEMLR all morning (Dan come up!) but reel free to e-mail me if necessary.
Thanks!
John
John A. Payne
North Carolina Department of Justice
Assistant Attorney General
Environmental Division
[phone]
ipayne:a@L,. cl pvv
114 W. Edenton St., Raleigh, NC 27603
Please note messages to or from this address may be public records.
From: Jim Conner [nailto:iconner@cbsattorrh sy com]
Sent: Thursday, September 21, 2017 5:01 PM
To: Payne, John
Subject: FW: Sunset South -Basin #4 after 5 days w/o rain
John —
Good evidence that Basin #4 is out of compliance.
Best,
Jim
James L. Conner II
919-749-9943 direct
,RlhOLln. E—thella & Sechrest. LLP
4819 (Emperor Boulevard, Suite 400
Durham, north Carolina 27703
www.cbsattorneys.com
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1?: F.P`. . L..:,Licn+lcl an_' Gr Li�...y IC,.:,.�I .,. 3�1L �._ (�1 5'. If.'C11 ?iL i Ci, . i .._�?
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From: Susan Shalhoub[mailto:susanshalhoubCa�inail.comnl
Sent: Thursday, September 21, 2017 4:48 PM
To: Jim Conner <[e-mail]>
Cc: Tara Jones <[e-mail]>; wlwagner100 <w.l.waner n hotmail.com>
Subject: Sunset South -Basin #4 after 5 days w/o rain

Jim,
Attached is a picture of Basin #4 taken earlier this afternoon (September 21, 2017) as well as the official weather
statistics for Wilmington so far this September. During the 5 day period from September 16 to September 20 there was
no measurable rain.
The basin appears to be in violation of the state regulations, as I understand them --in some circumstances basins can be
designed to drain out in five days. The basin is also woefully in violation of the permit, which as I recall, OK'd a design
that calls for a complete draw down of the basin when full in 5 1/2 hours.
Best,
Susan

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SUNSET SOUTP OWNERS ASSOCIATION
P.O. Sax 4898, Wil r!rgtan. 14C 284D6-1898
By Certified RAail FJECEIVE
AUG � 4 2017
August 22, 2017
-
Dan Sams
Environmental Program Supervisor
Energy Mineral and Land Resources Land Quality Section
NC DErQ, Wilmington Regional Office
127 Cardinal Drive Extension
Wilmington, NC 28405
Re: Infiltration Rate Alteration and Damaged Roof Drain Extensions
I am writing to you in connection with two of the many outstanding issues surrounding the
construction and maintenance of the infiltration basins that make up the stormwater system
covered by Permit # SW 8030404 (the Permit).
I was recently made aware that your office has found the system to be in compliance with all
applicable state, federal and local laws and regulations. I understand that your approval
process has to depend, to a certain extent, on paper assurances provided to your office by
the permit holder. But sometimes, despite the assertions of a permit holder, after an
inspection your office nevertheless identifies violations.
After one such inspection of the system in the fall of 2014, your office had to direct the permit
holder to bring the system into compliance with the Permit's requirements. At that time,
Basin #4, located roughly between Virginia Avenue and Maryland Avenue parallel to
Jefferson Street, had the most problems. Over the last several years, occasional work was
performed on the basin.
It has been clear to those of us who live near the basin that every with/because of the work,
the basin no longer drains at the rate it once did. The Project Data Sheet included with the
Permit lists the expected infiltration rate for the basin as 35.5 inches per hour (copy
attached). The expected draw down time is .22 days or approximately 5 % hours. Basin #4
now drains at a far less rapid rate than that, at times exceeding five days after the last
measurable rain to empty out. Despite the almost daily showers we have had over the last
month, the other three basins appear to empty out at their expected draw down times in the
same manner as they always have, so the problem with Basin #4 cannot be attributable
solely to the amount of rain or an elevated water table.
Another problem --the roof collection system on many houses with back yards adjacent to
Basin #4 included extension of the rear downspouts underground where the collected
stormwater traveled through drainpipes that came out at or near the bottom of Basin #4. All
of these drainpipes have now been destroyed and/or covered over by the permit holder.
Attached as an example of such drains is a photo previously provided to DEQ Wilmington.

Homeowners are concerned about the long-term effects of these clogged drains. When the
drains were working properly, we could see water rushing into the basins from the downspout
outlets during heavy storms. If the drains are now clogged, can a pipe burst in the ground on
a homeowner's property, possibly leading to sinkholes, especially in the yards along
Jefferson Street that have had sinkhole problems in the past? !f the pipes are Otherwise sti!l
operational, does the fact that they end somewhere in the sides of the basin mean rushing
water is destabilizing the sides of the basin? Can the otherwise operational drains still back
up during a heavy or lengthy storm? If so, does it matter for purposes of compliance with the
Permit that any stormwater hitting the rear roofs of houses on Virginia Avenue and which
spills over the gutters into the yards or finds its way into the front downspouts and then to
Virginia Avenue may drain into a different drainage area?
It could be that the last time your inspectors came by, they were only able to see a water -
filled basin and did not have any way to know the damaged drainpipes had not been
repaired. Similarly, just looking at the basin, they would have no way of knowing that the
draw down time is now substantially different from the estimate in the Permit.
Perhaps the permit holder's work has led to a permanent alteration of the expected infiltration
rate and your office finds the new rate to be acceptable. If so, I would like to be informed of
that fact and provided with any revised figures for the infiltration rate, the draw down time,
and any other data that is now changed from attached data sheet.
Additionally, I would like to know, regardless of estimates, if a basin routinely or occasionally
takes more than five days to drain out, is that considered a compliance issue by your office?
Likewise, is there a compliance issue if stormwater from rooftops is diverted into a different
drainage area than was originally planned? If there is, who gets cited, individual
homeowners or the permit holder?
Also, please let me know whether your office is going to require the permit holder to repair
the damaged drainpipes or whether affected homeowners need$ to make a formal complaint
to your office.
If you need any further information, please let me know. I can be reached at 910-616-7605.
My mailing address is:
Wayne L. Wagner, President
Sunset South Owners Association
P.O. Box 4898
Wilmington, NC 28406
Sinc ely y urs,
Way L. Wagn , resident
Attachments
cc: James L. Conner, II, Esq.

State Stormwater Management Systems
Permit No. SW8 030404
DIVISION
OF WATER QUALITY
PROJECT DATA SHEET
Project Name:
Sunset- South
Permit Number:
SW8 030404
Location:
New Hanover County
Applicant:
Benjamin J. Quattlebaum, II
Mailing Address:
Wilmington Housing Authority
P.O. Box 899
Wilmington, NC 28402
Application Date:
July 8, 2003
Receiving Stream/River Basin:
Cape Fear River /Cape Fear
Stream Index Number:
CPF17 18-(71)
Classification of Water Body:
"SC"
Design Storm
241
Basin plumber
�
3
Drainage Area, acres:
3.72 7.02
5.2
Total Impervious Surfaces, sq. ft.:
78,829 136,500
Pond Depth, feet:
110,461
5 5
5
TSS removal efficiency:
90% 90%
90%
Bottom Elevation, FMSL:
21.0
24•0
24.5
Bottom Surface Area, sq. ft.:
1.613 3,662
6,644
Permitted Storage Volume, cubic ft.:
19,667 65,701
55,451
Temporary Storage Elevation, FMSL:
25.78
27.12
27.36
Type of Soil:
Sand Sand
Sand
Expected Infiltration Rate, in/hr:
29.4 29.6
24.1
Seasonal High Water Table Elev, FMSL:
18.5
21.0
22.0
Expected time to draw down, days:
0.38 0.26
0.16
3
4
12.3
219,249
5.5
90%
25.5
7,787
73,608
30.25
Sand
35.5
23.0
0.22

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Energy, Mineral &
Land Resources
ENVIRONMENTAL QUALITY
August 2, 2017
Calhoun Bella & Sechrest, LLP
ATTN: James L. Conner, II, Attorney
4819 Emperor Boulevard, Suite 400
Durham, NC 27703
Subject: Transfer of Sunset South Stormtwater Permit No. SW8 030404
Sunset South Subdivision
New Hanover County
Dear Mr. Conner:
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
TRACY DAVIS
Director
The Division of Energy, Mineral and Land Resources received your letter of July 21, 2017, outlining your
objections to the transfer of the subject permit to the Sunset South Owners Association, which you
represent in this matter. Because these objections essentially stem from the terms of the settlement
agreement between the Wilmington Housing Authority, Housing and Economic Opportunities, Inc., and
Sunset South Owners Association, we forwarded your letter to Ward and Smith and requested that they
address your objections.
Please refer to the attached letter from Ms. Amy Wang, Attorney with Ward & Smith. We have reviewed
her response and agree that it addresses all of your noted objections and concerns.
Please note that the Division is moving forward with the modification, renewal and transfer of permit
#SW8 03 04 04 as allowed under the laws and stormwater regulations promulgated by the State of North
Carolina.
If you have further questions about the transfer of this permit, please contact Linda Lewis in the
Wilmington Regional Office at [phone].
Sincerely,
Daniel Sams, P.E.
Regional Engineer
GDS\arl: G:\\\Stormwater\Permits & Projects\2003\030404 HD\2017 08 letter 030404
cc: Phil Norris, P.E., Norris & Tunstall
Amy Wang, Attorney, Ward & Smith
Wilmington Regional Office Stormwater File
State of North Carolina 1 Environmental Quality i Energy, Mineral and Land Resources
Wilmington Regional Office 1 127 Cardinal Drive Extension ( Wilmington, NC 2840.5
910 796 7215

Completeness Review Checklist
Project Dame:
Project Location:
Received Date:
Accepted Date:
Rule(s) ®2008 Coastal ®1995 Coastal ®Phase II (WiRO.) ®Universal ®1988 oasta
Type of Permit: New or Mod or PR Existing Permit # (Mod or PR): �o�fyy FTE Cert on File?
Density: HD or LD Type: Commercial or Residential ®NCG:
%: __�(% OK?) Stream Class: ®SA Map Offsite to SW8
Subdivided?: Subdivision or Single Lot 1MORW Map MExempt
ae
Paperwork Emailed Engineer on:
®Supplement(s) (1 original per BMP) BMP Type(s):
®O&M with correct/original signatures (1 original per BMP except LS/VFS and swales)
MKIPI*P I ication with correct/original signatures
®Corp or LLC: Sig. Auth. per SoS or letter ID Email Address: Design Engineer
®$505 (within 6mo) Email Address: Owner
Soils Report with SHWT '�'' Note to Revie-we .-�---1
®Calculations (signed/sealed) ��`�
No obvious errors ,/ /Lt �,,�aed c�, ELc�a �1.�^� i�s�,a.'�Bc_j1,`�`ti- !►uaS�
®Density includes common areas, eta'"- p� C"�"'� -"� - 5 y LI0IA- 4"
_'Dam �� fF�/} �5 y ti C q .lf'ci �[ee c)
Deed Restrictions, if subdivided:S�
®Signed & Notarized
"Correct Template (Comm/Res & HD/LD) or Dec Covenants & Rest
Plans
M2 Sets ®Details (roads, cul-de-sacs, curbs, sidewalks, BMPs, Buildings. Pt-'
®Grading ®Wetlands: Delineated or No Wetlanrl,
L
®Vicinity Map Layout (prong —A
Legend ®p '�
Infiltration �l�'`? ��`�'`
ils Report
Bottom:
Visited:
Additional Information:
Permitted Pr,
BUA (sf)
DA (sf)
PP (el)
S
C
S