SW8941115_Compliance Evaluation Inspection_20210401

Johnson, Kell
From: Johnson, Kelly
Sent: Thursday, April 1, 2021 10:29 AM
To: '[e-mail]'
Cc: 'chad cooke'; 'Dylan Baker';'[e-mail]'; Hall, Christine; Weaver,
Cameron
Subject: RE: [External] RE: CBYC,Carolina Beach Yacht Club House Boat / Restaurant Barge Scope
Meeting
Attachments: SW8 941115 jpg; Carolina Beach Yacht Club_Proposed.pdf; FW: [External] FW: SW8
941115
Hi Chad,
Yesterday I was made aware of a complication. Evidently Marina Street is already permitted under SW8 941115, Oceana
II. Some of the proposed changes for Carolina Beach Yacht Club's potential Redevelopment Exemption are inside that
permit boundary. I took a picture of the SW8 941115 plan, attached. I have also attached your proposal for easy
reference. A quick summary is below. If you are going to make changes to that permit, then that permit will have to be
modified. I have attached the email chain which originated from a homeowner in Oceana II with his concerns. I have
not gone through them in detail, but I will consider them during the application process and so I wanted you to be
aware.
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Kelly Johnson
Environmental Engineer

NC Division of Energy, Mineral and Land Resources
Stormwater Permitting
127 Cardinal Drive Extension
Wilmington, NC 28405-3845
Phone: [phone]
Note Change in Phone Number
From: Johnson, Kelly
Sent: Tuesday, March 30, 2021 10:14 AM
To: [e-mail]
Cc: chad cooke <[e-mail]>; Dylan Baker<dylan@thecarolinabeach marina.com>;
'[e-mail]' <[e-mail]>
Subject: RE: [External] RE: CBYC,Carolina Beach Yacht Club House Boat / Restaurant Barge Scope Meeting
Hi Chad,
We received a minor modification application for Carolina Beach Yacht Club on March 26, 2021 for permit number SW8
100819. That permit number was for a dredging exemption issued to Joyner Marina in 2010. It did not permit upland
development. This has been a confusing project, but that permit number will stay associated with the Joyner Marina
dredging, and this permit action will get a new permit number. It will not be a Minor Modification to SW8100819. 1 see
that you intend to apply for a redevelopment exemption. There are several things that will need to accompany that
package. We will return the package to you so that you can have time to pull that information together.
The State Stormwater rules, 15A NCAC 02H .1001(1)(f), reference redevelopment exemptions as the term is defined in
G.S. 143-214.7(a1), "Any land -disturbing activity that does not result in a net increase in built -upon area and that
provides greater or equal stormwater control to that of the previous development." We do not have a standard form
for a redevelopment exemption. Please submit:
i) Cover letter:
(1) Describe the existing and the proposed project.
(2) Describe how project meets redevelopment exclusion requirements. Include documentation of the
impervious area that was constructed prior to the onset of State Stormwater regulations which occurred
on January 1, 1988. Please also discuss incremental development since that time to establish that the
site was never required to get a State Stormwater permit. Aerials and building permits are typical
documentation to describe the development in the area.
(3) Include the name, mailing address and phone number of the landowner. For clarification, the
landowner does not need to sign the letter because this will be an application for an exemption rather
than a permit.
(4) Summarize the existing and proposed impervious area quantities and discuss the amount of impervious
that is being removed from the project.
(5) Summarize the existing and proposed stormwater treatment to demonstrate "greater or equal"
stormwater control.
(6) Provide the latitude and longitude of the project.
ii) Submit two sets of plans showing the existing and proposed impervious area:
(1) Please show the dimensioned impervious area layout.
(2) Please show the drainage (swales, pipes, setback areas, etc) before and after the proposed development
to support the "greater or equal stormwater control' requirement.
(3) Please show contours and spot elevations.
(4) 1 see that the gravel and asphalt areas to be added are on the plans. Please also delineate the amount
of impervious area that will be removed.
2

(5) If you plan to use pervious gravel per § 143-214.7(b2), please discuss the amount of #57 stone, trails,
landscape material, or other non-BUA materials in the letter. If using the #57 stone option, please also
delineate that on the plans and show the appropriate cross section.
(6) Since this will be a redevelopment exemption rather than a high or low density project the setback is
30ft rather than 50ft as discussed earlier in this email. If existing BUA is closer than 30ft, then the
new/proposed/reconfigured cannot be any closer to the water than the existing. Please show the 30ft
line on the plan.
(7) Please ensure that the plans are stamped approved, initialed, and dated.
iii) There is no fee for a redevelopment exemption.
If you have further questions, please let me know.
Thanks,
Kelly
K.eUWOkVUSOK,
Kelly Johnson
Environmental Engineer
NC Division of Energy, Mineral and Land Resources
Stormwater Permitting
127 Cardinal Drive Extension
Wilmington, NC 28405-3845
Phone: [phone]
Note Change in Phone Number
From: Johnson, Kelly
Sent: Thursday, March 18, 202110:38 AM
To: chad cooke <[e-mail]>; Dylan Baker<dylan@thecarolinabeach marina.com>; Hall, Christine
<[e-mail]>
Cc: 'brian.stanberry @caroIinabeach. org' <brian.stanberry0carolinabeach.ore>
Subject: RE: [External] RE: CBYC,Carolina Beach Yacht Club House Boat / Restaurant Barge Scope Meeting
Chad,
We sent this question up to our Central Office for a decision. Through that, we learned an intricacy of how the State
Stormwater program is delegated to local governments. It appears that the only trigger into the local programs is if a
site disturbs more than one acre. If there is a new project in Carolina Beach that has or needs a CAMA Major but does
not disturb an acre (which l believe is the case here but 1 am not positive?) then the project can come to DEMLR for
permitting. Please include a copy of this email chain with your submittal so that the person processing its receipt will be
aware.
Thanks,
Kelly
ICe�� l� DYl VLS D IA.
Kelly Johnson
Environmental Engineer
NC Division of Energy, Mineral and Land Resources
Stormwater Permitting

127 Cardinal Drive Extension
Wilmington, NC 28405-3845
Phone: [phone]
Note Change in Phone Number
From: chad cooke <[e-mail]>
Sent: Tuesday, March 16, 20218:50 PM
To: Johnson, Kelly <kellv.p.iohnson(a)ncdenr.eov>; Dylan Baker<[e-mail]>
Cc: '[e-mail]'<[e-mail]>
Subject: RE: [External] RE: CBYC,Carolina Beach Yacht Club House Boat / Restaurant Barge Scope Meeting
CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to
Report Spam:
Just following up, has this been resolved who is handling this? Don't want to complain but my engineer is so backed up I
am trying to get on his schedule.
Please let me know who to contact.
Thanks
Chad Cooke
S.R.P LLC
704-778-8994
From: Johnson, Kelly <[e-mail]>
Sent: Monday, March 15, 20213:26 PM
To: chad cooke <[e-mail]>; Dylan Baker <[e-mail]>
Cc: Weaver, Cameron <[e-mail]>; Hall, Christine <[e-mail]>; MacPherson, Tara
<[e-mail]>; '[e-mail]' <[e-mail]>
Subject: RE: [External] RE: CBYC,Carolina Beach Yacht Club House Boat / Restaurant Barge Scope Meeting
Brian,
I talked to Chad and then just left you a voicemail. DEMLR's upper management really wants the local delegated
programs to implement the program. Is there some sort of special circumstance with this?
Thanks,
Kelly
ICel Ll okvusov-
Kelly Johnson
Environmental Engineer
NC Division of Energy, Mineral and Land Resources
Stormwater Permitting
127 Cardinal Drive Extension
Wilmington, NC 28405-3845
Phone: [phone]
4

Note Change in Phone Number
From: chad cooke <[e-mail]>
Sent: Monday, March 15, 2021 11:08 AM
To: Johnson, Kelly <[e-mail]>; Dylan Baker<dylan@thecarolinabeach marina.com>
Cc: Weaver, Cameron <[e-mail]>; Hall, Christine <[e-mail]>; MacPherson, Tara
<[e-mail]>;'[e-mail]' <brian.stanberry carolinabeach.ors>
Subject: Re: [External] RE: CBYC,Carolina Beach Yacht Club House Boat / Restaurant Barge Scope Meeting
CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to
Reoort scam.
Kelly,
Are you free for a quick meeting today. I spoke to Brian Stanberry regarding the permit process for the town
of Carolina Beach. He asked that i contact you and go through the state on this permit. He is copied on this
email if you have any questions.
i know when we talked there were several different options. i would like to identify them and start the
process.
i am free all day to discuss, 704-778-8994.
Thanks
Chad
From: Johnson, Kelly <[e-mail]>
Sent: Friday, March 5, 20213:40 PM
To: chad cooke <[e-mail]>; Dylan Baker<[e-mail]>
Cc: Weaver, Cameron <[e-mail]>; Hall, Christine <Christine.Hallt'[e-mail]>; MacPherson, Tara
<[e-mail]>; '[e-mail]' <brian.stanberry carolinabeach.ors>
Subject: RE: [External] RE: CBYC,Carolina Beach Yacht Club House Boat/ Restaurant Barge Scope Meeting
Chad,
Thanks for calling today. I had originally planned to touch base with Tara about this, but after we got off the phone I
decided I would ask my supervisor, Christine Hall, about the specifics of CAMA Majors triggering State Stormwater and if
there are differences between having to get a State Stormwater permit based on an original CAMA Major versus a
modification. As we discussed, any time you have to get a CAMA Major that triggers State Stormwater
permitting. When that happened for the dredging project at Joyner Marina in 2010 (attached), Joyner Marina was
issued an Exemption to State Stormwater because they did not have upland development. But, that Exemption says,
"any future development of the property, regardless of whether or not a CAMA Major permit is required for that specific
development, will require a Stormwater Management Permit." The project you are proposing is upland development
associated with that original CAMA Major project and so State Stormwater permitting is required regardless of whether
the CAMA Major is being modified or if a new CAMA Major is being obtained.
Christine did remind me of one other important detail. The Town of Carolina Beach has jurisdiction of their own State
Stormwater permits, and so you would apply to them for the permit. I have cc'd Brian Stanberry.

If you have further questions please let me know.
Thanks,
Kelly
K.eLLWOblwsow
Kelly Johnson
Environmental Engineer
NC Division of Energy, Mineral and Land Resources
Stormwater Permitting
127 Cardinal Drive Extension
Wilmington, NC 28405-3845
Phone: [phone]
Note Change in Phone Number
From: Johnson, Kelly
Sent: Wednesday, February 24, 20213:43 PM
To: chad cooke <[e-mail]>; Dylan Baker<dvlan@thecarolinabeach marina.com>
Cc: Weaver, Cameron <[e-mail]>
Subject: FW: [External] RE: CBYC,Carolina Beach Yacht Club House Boat / Restaurant Barge Scope Meeting
Mr. Cooke and Mr. Baker,
Thanks for meeting the other day. Here are my notes about State Stormwater. If you end up triggering the need to get
a State Stormwater permit, then please include this email with your submittal so that the person reviewing the file will
have this information. (Since you do not yet have a permit number I do not have anywhere to store this email so that it
would like up with your application.)
1. There are three triggers which would cause you to have to get a State Stormwater permit. You need the permit
if you do any of the following:
a. Need a CAMA Major
b. Disturb 1+ acres and therefore need an E&SC
c. Add more than 10Ksf of built upon area (BUA) for this commercial project.
2. This site is not an Urban Waterfront per DCM at the meeting, and so the site needs a setback. Please show the
50ft setback line on the plan drawn from high water. Please detail the impervious area within the setback, and if
BUA is being proposed for this development then the impervious area from the entire development must be
collected, treated, and then discharged back through the setback per GS143-214.7(b2)(2). As we discussed,
there is "existing" parking in the setback that was built in the mid-1980s as a condo development. That was
built before permitting started in 1988, which is why there is no current permit for it. The pre-1988 BUA does
not have to be collected/treated unless it is in the drainage area of the system built to collect/treat the
stormwater. Please submit aerial photos for the file showing the pre-1988 impervious area.
3. The proposed parking is outside the 50ft setback.
4. This project is within a half mile of and draining to SA waters.
5. This project was originally Joyner Marina and there was an Exemption for dredging issued for the same address
to Joyner Marina, LLC (SW8100819). The original Joyner Marina project was split into two. This will be a new
permit for the new owner.
6. The application is available online. Your consultant will be familiar with the application process.
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Thanks,
Kelly
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Kelly Johnson
Environmental Engineer
NC Division of Energy, Mineral and Land Resources
Stormwater Permitting
127 Cardinal Drive Extension
Wilmington, NC 28405-3845
Phone: [phone]
Note Change in Phone Number
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From: Weaver, Cameron <cameron.weaver([e-mail]>
Sent: Tuesday, February 23, 20213:30 PM
To: Mairs, Robb L <[e-mail]>; Elks, Katharine B <[e-mail]>;
kathryn [e-mail]; Dunn, Maria T. <[e-mail]>; Humphrey, Jeremy
<![e-mail]>; Johnson, Kelly <[e-mail]>; Currey, Gregory E CIV USARMY CESAW
(USA)<[e-mail]>; Weychert, Curtis R <[e-mail]>; MacPherson, Tara
<[e-mail]>; [e-mail]: Hunkele, Dean <[e-mail]>;
chad cooke <[e-mail]>; Dylan Baker<[e-mail]>; Twyla Cheatwood -
NOAA Federal <[e-mail]>; Amico, Patrick J <[e-mail]>
Cc: chad cooke <[e-mail]>; Dylan Baker<[e-mail]>
Subject: RE: [External] RE: CBYC,Carolina Beach Yacht Club House Boat / Restaurant Barge Scope Meeting
Hi all.
Please see attached for the sign -in sheet from this meeting yesterday. Thank you all for your time and efforts!
Let me know of any issues.
Cameron
Cameron Weaver
Environmental Assistance Coordinator
DEACS-DEQ Wilmington Regional Office
127 Cardinal Drive
Wilmington NC 28405
[e-mail]
Direct: 910-796-7265
DEQ: 910-796-7215
From: Amico, Patrick J <[e-mail]>
Sent: Friday, February 19, 20213:48 PM
To: Twyla Cheatwood - NOAA Federal <[e-mail]>; Weaver, Cameron
<[e-mail]>
Cc: Mairs, Robb L <[e-mail]>; Elks, Katharine B <[e-mail]>;
kathryn [e-mail]; Dunn, Maria T. <[e-mail]>; Humphrey, Jeremy
<[e-mail]>; Johnson, Kelly <kellv.p.8ohnson0)ncdenr.eov>; Currey, Gregory E CIV USARMY CESAW
(USA) <[e-mail]>; Weychert, Curtis R <[e-mail]>; MacPherson, Tara
<[e-mail]>; [e-mail]; Hunkele, Dean <[e-mail]>;
chad cooke <[e-mail]>; Dylan Baker<dylan@thecarolinabeach marina.com>
Subject: Re: [External] RE: CBYC,Carolina Beach Yacht Club House Boat / Restaurant Barge Scope Meeting
Hello all -
Please see attached six supporting documents from CBYC for review to assist in this upcoming Monday's
scoping meeting.
With kind regards
Patrick
Patrick Amico
Environmental Specialist
NC Division of Coastal Management
Department of Environmental Quality

910 796-7423 office
910 395-3964 fax
Patrick. amicoancdenr. qov
127 Cardinal Drive Ext
Wilmington, NC 28405
19".
%'Nothing Compares.-%. _
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.
From: Twyla Cheatwood - NOAA Federal <[e-mail]>
Sent: Wednesday, February 10, 20214:38 PM
To: Weaver, Cameron <[e-mail]>
Cc: Mairs, Robb L <[e-mail]>; Amico, Patrick J <[e-mail]>; Elks, Katharine B
<[e-mail]>; kathrvn [e-mail] <kathrvn matthews fws.eov>; Dunn, Maria T.
<[e-mail]>; Humphrey, Jeremy <[e-mail]>; Johnson, Kelly
<[e-mail]>; Currey, Gregory E CIV USARMY CESAW (USA) <[e-mail]>;
Weychert, Curtis R <[e-mail]>; MacPherson, Tara <[e-mail]>;
[e-mail] <[e-mail]>; Hunkele, Dean
<[e-mail]>; chad cooke <[e-mail]>; Dylan Baker
<[e-mail]>
Subject: Re: [External] RE: CBYC,Carolina Beach Yacht Club House Boat / Restaurant Barge Scope Meeting
CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to
Report Spam.
Cameron,
I did not see mention of in -water work or dredging in the project narrative. If this remains the case, NMFS has no
comments to provide at this time. If the project changes, please let us know.
Thank you for your coordination,
Twyla
On Tue, Feb 9, 2021 at 2:36 PM Weaver, Cameron <[e-mail]> wrote:
Hi all.
Based on replies received, the date for this meeting will be February 22, 2021 at 10:00 AM. Please let me
know ASAP if availabilities have changed or of others that must be involved. A WebEx invitation will follow
today.
Thank you all for your time and efforts!
Cameron

Cameron Weaver
Environmental Assistance Coordinator
DEACS-DEQ Wilmington Regional Office
127 Cardinal Drive
Wilmington NC 28405
[e-mail]
Direct: 910-796-7265
DEQ: 910-796-7215
From: Weaver, Cameron <[e-mail]>
Sent: Monday, February 8, 202112:03 PM
To: Mairs, Robb L <[e-mail]>; Amico, Patrick J <[e-mail]>; Elks, Katharine B
<[e-mail]>; kathryn [e-mail]: Dunn, Maria T. <maria.dunn([e-mail]>; Humphrey,
Jeremy <[e-mail]>; [e-mail]; Johnson, Kelly <[e-mail]>;
Currey, Gregory E CIV USARMY CESAW (USA) <[e-mail]>; Weychert, Curtis R
<[e-mail]>; MacPherson, Tara <[e-mail]>;
[e-mail]; Hunkele, Dean <[e-mail]>
Cc: chad cooke <[e-mail]>; Dylan Baker <[e-mail]>
Subject: FW: [External] RE: CBYC,Carolina Beach Yacht Club House Boat / Restaurant Barge Scope Meeting
Hi all.
See attached information for a project at Carolina Beach Yacht Club. Let me know your availability from the following
dates and times: Feb. 15 at 10 or 11:30, Feb. 16 at 11:00, Feb.17 at 10:00. Feb. 18 at 11:30, Feb.
19 at 10 or 11:30, Feb. 22 at 10:00 or 11:30; or Feb. 24 at 11:30. We will go further out as
necessary. Let me know of others that need to attend. Thank you all for your time and
efforts!
Cameron
Cameron Weaver
Environmental Assistance Coordinator
DEACS-DEQ Wilmington Regional Office
127 Cardinal Drive
Wilmington NC 28405
[e-mail]
Direct: 910-796-7265
DEQ: 910-796-7215
From: Dylan Baker <[e-mail]>
Sent: Tuesday, January 5, 20213:20 PM
To: Weaver, Cameron <[e-mail]>; Amico, Patrick J <[e-mail]>
Cc: chad cooke <[e-mail]>
Subject: RE: [External] RE: CBYC,Carolina Beach Yacht Club House Boat / Restaurant Barge Scope Meeting
ICAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to
Report Spam.
Please see the requested attachments.
10

Please let me know when this can be scheduled.
Thanks
Dylan
From: chad cooke <[e-mail]>
Sent: Tuesday, January 5, 2021 11:16 AM
To: Dylan Baker <[e-mail]>
Subject: Fwd: [External] RE: CBYC,Carolina Beach Yacht Club House Boat / Restaurant Barge Scope Meeting
Sent via the Samsung Galaxy Note20 Ultra 5G, an AT&T 5G smartphone
Get Outlook for Android
From: Weaver, Cameron <[e-mail]>
Sent: Tuesday, January 5, 20219:35:56 AM
To: chad cooke <[e-mail]>; Amico, Patrick J <[e-mail]>
Cc: Dylan Baker <[e-mail]>
Subject: RE: [External] RE: CBYC,Carolina Beach Yacht Club House Boat / Restaurant Barge Scope Meeting
Hi Chad.
Attached is the form I use to gather information and the appropriate parties for this meeting. Per the form
instructions, provide me with a detailed narrative, overall site plan, vicinity map and the completed form so that I may
move things along for your project.
Cameron
Cameron Weaver
Environmental Assistance Coordinator
DEACS-DEQ Wilmington Regional Office
127 Cardinal Drive
Wilmington NC 28405
[e-mail]
Direct: 910-796-7265
DEQ: 910-796-7215
From: chad cooke <[e-mail]>
Sent: Monday., December 21, 2020 9:30 PM
To: Weaver, Cameron <[e-mail]>; Amico, Patrick J <[e-mail]>
Cc: Dylan Baker <[e-mail]>
Subject: [External] RE: CBYC,Carolina Beach Yacht Club House Boat / Restaurant Barge Scope Meeting
CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to
Report Spam.
Cameron,
11

We were able to get everything settled legally with our neighbors and the city today. We are looking to complete our
CAMA application and Patrick Amico ask me to reach out to you to discuss setting up a scope meeting.
Can you let me know a time for Dylan and I to call you tomorrow or any other available time this week?
My schedule is flexible and can work around yours.
Thanks
Chad Cooke
SAY LLC
704-778-8994
Twyla H Cheatwood
Fishery Biologist
Southeast Region, Habitat Conservation Division
NOAA Fisheries
Beaufort, NC 28516
Office: [phone]
Twyla.cheatwood(&noaa.aov
--.
NOAAFISHERIES
Web www.nmfs.noaa.gov
Facebook www.facebook.com/usnoaafisheriesgov
Twitter www.twitter.com/noaafisheries
YouTube www.youtube.com/usnoaafisheriesgov
12

Johnson, Kelly
From: Hall, Christine
Sent: Wednesday, March 31, 2021 12:03 PM
To: Johnson, Kelly
Subject: FW: [External] FW: SW8 941115
Attachments: image008 jpg; image009 jpg; image010 jpg; image0l l jpg; image012.png; CBYC CAMA
Permit Plan jpg; Proposed CAMA Plan CBYC jpg; Engineer Calculations.pdf
Kelly,
This is the email I was talking to you about. There may be some interaction between SW8 941115 and the proposed
project that they are trying to submit.
Christine Hall, PE
Wilmington Regional Stormwater Program Supervisor
Division of Energy, Mineral and Land Resources — State Stormwater Program
North Carolina Department of Environmental Quality
Office: 910 796 7215
Direct: 910 796 7339 ** Please note the change to my direct phone number **
Email: christine.hall(&ncdenr.gov
Address: 127 Cardinal Drive Ext.
Wimington, NC 28406
iwn.r YAM MM
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.
From: Jimmy HOA[mallto:[e-mail]]
Sent: Wednesday, March 31, 2021 11:10 AM
To: Hall, Christine <Christine.Hal [e-mail]>
Subject: [External] FW: SW8 941115
ICAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to
Report Spam.
Christine:
Thanks for the return call. Here is the information I sent to Ted and Brian with Carolina Beach. Any questions please call
me.
Thanks
James Sanderford, PE
910-264-7811
From: Jimmy HOA <[e-mail]>
Sent: Tuesday, March 30, 20215:01 PM
To: [e-mail]: 'Brian Stanberry'<[e-mail]>
Subject: Re: SW8 941115

Ted Triantafillopoulas & Brain Stanberry:
A set of CAMA Permitting plans was recently set to our HOA. The plans show two concerns, one adding additional
impervious area to Oceana Phase 2, SW8 941115 Permit, which is already in excess of the permitted impervious area
and the second is the amount of impervious area around the marina parking lot. Ted the existing overages were already
addressed to you a few months back in a separate email.
The attached Image 010 shows the area permitted for Phase 2 Oceana, Permit SW8 941115, and image 009 shows an
areal of that area in yellow. The area in red and blue on the areal does not show any improvements within the permit
but a drive and street has been added creating an impervious overage of approximately 0.12 acres. The material in the
red area is a hard compacted stone representing a coefficient between 0.95 to 1 and the street is asphalt. The parking
lot improvements proposed represent an approximate additional impervious area of 0.08 acres bring the total overage
of impervious area to 0.20 acres. The material proposed is a stone which when compacted will represent the same
coefficient as the red area. The engineering calculations for the permit are attached. (See " Engineer Calculations") In a
public meeting is was addressed by the adjacent property owner that there are already runoff issues and further
impervious area will just increase the problem. The image for the "Proposed CAMA Permit Plan" (See attachment)
shows the Phase 2 Oceana highlighted in yellow to show the majority of the impervious additions in this area.
The second concern is the marina parking lot property outlined in red on the CBYC CAMA Permit Plan. The area is
primarily hard compacted stone or structures. The area in green are the approximate areas that can be considered
pervious. The green area adjacent to the marina is rip rap on the slope so this may or may not be considered pervious.
Either way the impervious area far exceeds the 25% requirement for one acre or less and a permit is required. The
CAMA permits states the area is pervious stone but this is not -the case. Also Permit #13-81 states impervious surfaces
must not exceed 30% of estuarine shoreline AEC. The CAMA permit application states this is not an AEC area, but the
approved permit states it is an AEC area.
The existing permits and further impervious development in this area will add to the current issues that are already
occurring. To my knowledge neither the. Phase 2 Oceana nor the parking lot section is in current compliance. Further
improvements will just increase the existing problems especially when the impervious areas is concentrated where the
existing issues are occurring.
look forward to hearing from soon.
Thanks
James Sanderford; PE

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Triantafillopoulos, Ted
From: olin furr <[e-mail]>
Sent: Sunday, August 9, 2020 11:19 AM
To: Triantafillopoulos, Ted
Subject: Re: [External] Re: SW8 941115
Follow Up Flag: Flag for follow up
Flag Status: Flagged
External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to
Ok sorry to hear that hope you are doing ok.
Sent from Yahoo Mail for Whone
On Sunday, _august 9. ZOZO, 1 l :1.4 ANT, 'd'riai�taiill< �ac.uios, Ted �tzd.t' r!
apologize for the delay Mr. Furr. I have forwarded the email to Christine Hall, our storm water
supervisor. Both of us have unfortunately been in quarantine due to Covid-19 exposure and
things are moving a little slower for us. Let me remind her this week of the questions and see
what her response may be. I will be back in the office this week, however I am unsure her
timeline for quarantine. Stay safe and we will do our best to help as soon as possible. Thanks!
Ted Triantis
From: olin furr <[e-mail]>
Sent: Sunday, August 9, 2020 10:42 AM
To: Triantafillopoulos, Ted <[e-mail]>; James Sanderford
<[e-mail]>
Subject: [External] Re: SW8 941115
fCAUTION:Do not click links or open attachments unless you verify. Send all suspicious email as an
Have you had any time to look at these questions?
Sent from Yahoo Mail for Wad
On Tu4sda:'..luly' . ?0-10, 12:5=' P%:I. oNn 1'urr vaiwu.corn %role:

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max impervious as per deed restriction
*Permit # 13-81 Impervious surfaces must not exceed 30% of
estuarine shoreline AEC
*It looks like 8/27/92 in a letter from T. Barrett of NCDENR
Division of coastal management told the designer of the project
that it must start from scratch and follow current rules and no
"grandfathering would exist.
*On 1/19/94 Klein Engineering sent to Randal Bray Architect the
updated Built upon Area Calculations.
*Buddy Gerald was owner of Coquina Harbor and Oceana Phase
1 &2 He changed names for some reason.
*He formed Oceana on 1/27/94 the property was deeded on
3/15/94

* All recorded plats are in the name of Oceana. Looking at
documentation did you allow project name of Coquina Harbor to
change to Oceana.
* Permit 13-81 was updated on 3/4/94 for Coquina Harbor 11 days
later Oceana owned it but as far as I can see it never transferred to
Oceana
*9/23/94 town council approved Oceana Phase 2 as 17 lots for
single family dwelling, common areas,street and parking.
* 11/04/95 Oceana Owners Assoc. turnover meeting elected
officers at first meeting.
* 11/22/95 Oceana Limited Partnership (Buddy Gerald)
transferred streets and common area to Oceana Owners Assoc. But
he kept parking lot And 2 other properties in phase 2 out of
transfer. No one knew. No replat was file with town or storm water
div.
* 1/16/96 Oceana Limited sold 3 pieces of property out of Oceana
phase 2 to his son( waterway south) to start a retail marina.
* parking lot zoned residential in a subdivision now becomes
parking for a business. The first tract of land on phase 2 becomes
marina driveway and corner lot beside lot 21 is held for future sale.
* Buddy Gerald used Oceana Phase 2 to develop parking for his
son's marina. I would think this changes calculation of this storm
water permit.
* The marina seems to have dodged storm water permit. They must
have over 70% impervious. Town has also approved additional
parking which would increase impervious again.
RECAP
Is all this proper?
Does Marina have a storm water permit?
Does property sold to Marina continue to stay in Oceana storm
water permit?
Original permit has exceeded impervious because of marina
development what to do?
Is parking lot marina owns inside Oceana Phase 2 allowed to
increase parking space sizes if town says it's ok?
Is parking lot expansion at marina site able to increase parking
with only town approval?
Seems like Oceana limited but not Marina.
Any insight would be appreciated
Thank you
10

STATE OF NORTH CAROLINA, Department of Environmental Quality,
127 Cardinal Drive Extension, Wilmington, North Carolina 28405 [phone]
FILE ACCESS RECORD
DEQ SECTION:] REVIEW TIME /DATE: — I s iMJ.-D
NAME: _ ' QEMAIL: O'A+KPt Vt.
REPRESENTING: PHONE:
Guidelines for Access: The staff of Wilmington Regional Office is dedicated to making public records in our custody readily
available to the public for review and copying. We also have the responsibility to the public to safeguard these records and to carry
out our day -today program obligations. Please read carefully the following guidelines signing the form:
1. Due to the large public demand for file access, we request that you call at least a day in advance to schedule an
appointment to review the files. Amointanents will be scheduled between 9:00am and 3:00pm. Viewing time ends at
4:45pm. Anyone arriving without an appointment may view the files to the extent that time and staff supervision
is available.
2. You must specify files you want to review by facility name. The number of files that you may review at one time will
be limited to five.
3:.
4. You may make copies of a file when the copier is not in use by the staff and if time permits. Cost per copy is $.05 cents.
Pavment may be made by check, money order, or cash at the reception desk.
FILES MUST BE KEPT IN ORDER YOU FOUND THEM. Files may not be taken from the office. To remove,
alter, deface, mutilate, or destroy material in one of these files is a misdemeanor for which you can be fined up to
$500.00. No briefcases large totes, etc. are permitted in the file review area.
tk Necessary large plan copies can be scheduled with Cameron.Weaver(&cdenr.eov 919-796-7475 for a later date/time at
an ofFsite location at your expense. Large plan copies needed should be attached on top of the file. AIlways Graphics
can be contacted to set up payment options QVritteg bds m !fie h:#t wrth t cow Ceted.fQ and a staff
--
- -- _ - ---member w�`1F he n- eoatact� Ynn 1 TouT oyade ur FQni t iYa a inn oehere tintiiratprT Alhn�� _-- .--._... _-.-
7. In accordance with General Statue 25-3-512, a $25.00 processing fee will be charged and collected for checks on which
payment has been refused.
FACILITY NAME
COUNTY
1. sue g91(13- Alc&r r
2.
-1/ -ZL) I tk t4
Du"�2�— —,.— 1� '3'
Signature and Name 6f Firm Business Dat N D/YY Time In Time Out
COPIES MADE © PAID IlVVOICE
GJADNI/Shared/File Review Access Form rev 2018

STATE OF NORTH CAROLINA
Department of Environmental Quality
127 Cardinal Drive Extension
Wilmington, North Carolina 28405
[phone]
FILE ACCESS RECORD
S
DEQ SECTION: REVIEW TIME /DATE:__
NA1d : Slyf I RMATf.:
RESENTING: � �� C�y,,,.;� 1,•/
PHONE:_ Z%MS d)_
Guidelines for Access: The staff of Wilmington Regional Office is dedicated to making public records in our custody
readily available to the public for review and copying. We also have the responsibility to the public to safeguard these
records and to carry out our day-to-day program obligations. Please read carefully the following guidelines signing the
form:
I. Due to the large public demand for file access, we request that you call at least a day in advance to schedule
an appointment to review the files. Appointments will be scheduled between 9.00am and 3.00pm
Viewing time ends at 4:45pm. Anyone arriving without an appointment may view the files to the extent
that time and staff supervision is available
2. You must specify files you want to review by facility name. The number of files that you may review at one
time will be limited to five.
3. You may make copies of a file when the copier is not in use by the staff and if time permits. Cost per copy is
$.05 cents. Payment may be made by check money order, or cash at the reception desk
4. FILES MUST BE KEPT IN ORDER YOU FOUND THEM. Files may not be taken from the office. To
remove, alter, deface, mutilate, or destroy material in one of these files is a misdemeanor for which you can
be fined up to $500.00. No briefcases, lame totes etc are permitted in the file review area
.Necessary large plan copies can be scheduled with Cameron,[e-mail] 919-796-7475 for a later
dateltime at an offsite location at your expense. Large plan copies needed should be attached on top of the
file.. Allways Graphics can be contacted to set up payment options. Written uestiofis May be left with
P Q y
:du':
you provide: your=contact
mni��i�iq wheire indicated above:
6. In accordance with General Statue 25-3-512, a $25.00 processing fee will be charged and collected for checks
on which payment has been refused.
FACII.,ITY NAME COUNTY
AV
2.
3.
4_
5.
Signature and Name of Firn Business Date Time In Time Out
COPIES MADE PAID INVOICE
.. ►lax 1!
1�
G:/ADM/Sbared/File Review Access Form rev 2018

6 A
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Govemor Director Secretary
November 3, 2011
Mr. Craig Wenger
220 Virginia Avenue
Carolina Beach, NC 28428
Subject: Flooding Complaint
Adjacent Oceana Subdivision Phase I
Associated Stormwater Permit No. SW8 941115 (Phase ll)
New Hanover County
Dear Mr. Wenger:
On October 25, 2011, the Division received a complaint from concerning a flooding problem on
Maryland Avenue at Oceana Way, and you questioned the legality of a 12" drain pipe installed
along Maryland Avenue between Virginia Avenue and Florida Avenue by the Town of Carolina
Beach. During our conversation, I indicated to you that flood control is not within the jurisdiction
of the Division. However a nearby subdivision, Oceana Phase II, is a permitted low density
project. In preparation for our appointment (which you cancelled) and to make sure that Oceana
Phase ii was in compliance with its permit, I visited the site on Thursday, October 27th, 2011 to
see for myself what was going in. I asked the Town Manager Tim Owens and the stormwater
engineer, Brian Stanberry, to meet me there to hear the Town's side of the story.
Mr. Owens alleges that you have filled in an existing drainage ditch across the back of your
property adjacent to Oceana Way that served as the historic drainage outlet for Oceana
Subdivision Phase 1. Because the ditch was filled in, the runoff started backing up into Oceana
Way and ultimately into adjacent yards. The developers of Oceana Subdivision, for whatever
reason, did not record a drainage easement for that ditch, so in the absence of a drainage
easement, and in response to the flooding complaints, the Town had little choice but to find an
alternative way to relieve the flooding. The Town chose to construct a new 12" line down
Maryland Avenue, from the existing catch basin at the intersection of Virginia Avenue and
Maryland Avenue, tying in to the existing piped drainage system at Florida Avenue. Because of
the flat grade in this area, the runoff has to overflow the catch basin in Oceana Way and rise up
in the street sufficiently high in order to get into the slightly higher catch basin at the
Virginia/Maryland intersection.
It appears that you are complaining about a flooding problem and the Town's remedy, which
would not have been necessary if the ditch were open. This is a civil matter between you and
the Town because DWQ has no jurisdiction over flooding and because Oceana Phase I is not
covered by a stormwater permit. You need to be aware that under NCGS 77-14, (copy
enclosed) it is a Class 2 misdemeanor to obstruct any existing drainage outlet such that the
drainage of the land is impeded, delayed or prevented. You should also be aware that the court
may; at its discretion, put you in prison, fine you and/or require you to remove the obstruction
and restore the ditch, or allow the enforcing agency to do the work and bill you for it. All that the
Town Manager, or any of your neighbors who have suffered damages because of the flooding,
have to do to start the process is to call the Sheriff or the County Engineer and lodge an official
complaint.
Wilmington Regional Office
127 Cardinal Drive Extension, Wilmington, North Carolina 28405 .
Phone: [phone] FAX: [phone] Customer Service: 1-877-623-6748
Internet www.ncwaterquality.org
An Eaual Oonortunity 1 Affirmative Aetion Fmnloynr
NorthCarolina
Nlitll!',Ali

Mr. Wenger
November 3, 2011
Associated Permit Number SW8 941115
After reading all this, if you still want to meet, please call and I'll be more than happy to reschedule,
but please understand that your flooding complaint is a civil matter between you and the Town and
the Division of Water Quality has no jurisdiction and is unable to assist you in this matter. If you
have any more questions regarding this matter, please do not hesitate to contact me at (910) 796-
7215 or email me at linda.lewisa-ncdenr.gov
Sincerely,
Linda Lewis
Environmental Engineer III
GDS/arl: SAWQS1Stormwater\Permits & Projects119941941115 LD12011 11 letter Craig Wenger 941115
cc: Tim Owens, Town Manager, Town of Carolina Beach
Robb Mairs, DCM
Wilmington Regional Office
Page 2 of 2

220 Virginia Avenue, Carolina Beach, NC - Google Maps
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N.C. DIVISION OF, .WATER QUALITY
Water Quality Section
Complaint/Emergency Report Form
WILMINGTON REGIONAL OFFICE
Received by Liacl2 L ex-,(`S
G Time I V' 3o 2t,,
Emergency Complaint � City County Mew -Hatlover
Report Received From Arn Q Tecw , —
Agency Phone No.
Complainant Amu 7-e o�
Address T6V-;e th(foI'F2Y-�1.0 Z?Z35 PhoneNo.3-:%y
Check One: Fish Kill Spill By Animal NPDES N.D.
storm Iwa'ter "� Welland Other, Specify:
Nature of Refww Ad lte a! 1060 e4d 5'eawe" I"jwe 611ec /n
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Surface Waters Impacted CO^01i4Z N- Y2d?f ` &2,5 j Classigcafion
Other Agencies Notified
InvesSgadon Details
Invesirgator Date
SAWOSISHELLSIREPORT.SHL
EPA Region IV [phone] Pesticides 733-3556 Emergency Management 733-3867 WUdlife Resources 733-7291
Solid and Hazardous Wash 733-2178 Marine Fisheries 726-7021 Water Supply 733-232i Coast Guard MSO 343-4881
127 Cardinal Drive Extension, Wilmington, N.C. 28405-3845 8 Telephone [phone] Fax [phone]