SW8960518_Historical File_20160707

Energy, Mineral &
Land Resources
ENVIRONMENTAL QUALITY
July 7, 2016
Bill Bryan, President
Beachwalk Homeowners Association, Inc.
126 Settlers Lane
Kure Beach, NC 28449
PAT McCRORY
Governor
DONALD R. VAN DER VAART
Secretary
TRACY DAVIS
Director
Subject: Approved Plan Revision
Beachwalk Subdivision
Stormwater Permit No. SW8 960518
New Hanover County
Dear Mr. Bryan:
On March 11, 2016, the Wilmington Regional Office received a request to revise the approved plans for
Stormwater Management Permit Number SW8 960518. Additional information was received on June 15,
2016 which completed the request. The revisions necessary to bring the system into compliance included
mucking out the wet detention pond, maintenance of swales, and piping some swales where access and/or
maintenance problems existed. Please reference the revised plans for additional information.
It has been determined that a formal permit modification is not required for the proposed changes. We are
forwarding you an approved copy of the revised plans for your files. Please add the attached plans to the
previously approved plan set.
Please be reminded that this permit is effective from the date of issuance until May 21, 2018. In addition,
all terms and conditions of the last permit issued on May 21, 2004, and as modified thereafter, shall
remain in full force and effect. Please pay special attention to the conditions listed in this permit
regarding the Operation and Maintenance of the BMP(s), recordation of deed restrictions, certification of
the BMP's, procedures for changing ownership, transferring the permit, and renewing the permit. Failure
to establish an adequate system for operation and maintenance of the stormwater management system, to
record deed restrictions, to certify the BMP's, to transfer the permit, or to renew the permit, will result in
future compliance problems.
Please also understand that the approval of this revision to the approved plans for the subject State
Stormwater project is done on a case -by -case basis. Any other changes to this project must be
approved through this Office prior to construction. The issuance of this plan revision does not
preclude the permittee from complying with all other applicable statutes, rules, regulations or
ordinances which may have jurisdiction over the proposed activity, and obtaining a permit or
approval prior to construction.
If you have any questions concerning this matter, please do not hesitate to call me at [phone].
Sincerely,
Steve G. Pusey
Environmental Engineer
GDS\sgp: \\\Stormwater\Permits & Projects\1996\960518 ED\2016 07 permit_pr 960518
cc: Matt Haley, PE — Cape Fear Engineering
Town of Kure Beach Building Inspections
Beth E. Wetherill, New Hanover County Engineering
Wilmington Regional Office
State of North Carolina 1 Environmental Quality I Energy, Mineral and Land Resources
Wilmington Regional Office 1 127 Cardinal Drive Extension 1 Wilmington, NC 28405
910 7% 7215

USE ONLY
11 Date Received I Fee Paid (express only) I Permit Number 11
State of North Carolina
Department of Environment and Natural Resources
Division of Energy, Mineral and Land Resources
STORMWATER MANAGEMENT PERMIT PLAN REVISION APPLICATION FORM
This form may be photocopied for use as an original
I. GENERAL INFORMATION
1. Stormwater Management Permit Number: SW80960518
2. Project Name: Beachwalk Subdivision
3. Permit Holder's name (specify the name of the corporation, individual, etc.):
Beachwalk Homeowners Association, Inc.
4. Print Owner/Signing Official's name and title (person legally responsible for permit):
Mr. Bill Bryan, President
5. Mailing Address for person listed in item 2 above: 14AR
Elio,
126 Settlers Lane
City:Kure Beach State:NC Y'
Phone: (910 ) 228-9837 Fax: ( )
Email:billbrvan1946®-amail.com
II. PLAN REVISION INFORMATION
1. Summarize the plan revision proposed (attach additional pages if needed):
Swale and pond maintenance to address items noted in NCDEQ Notice of Inspection Pipe several existing
ditches where access and/or maintenance issues exist.
III. SUBMITTAL REQUIREMENTS
Only complete application packages will be accepted and reviewed by the Division of Energy, Mineral and
Land Resources (DEMLR). A complete package includes all of the items listed below. The complete
application package should be submitted to the DEMLR Office that issued the permit.
1. Please indicate that you have provided the following required information by initialing in the space provided
next to each item.
Initials
• Original & 1 copy of the Plan Revision Application Form
• Two (2) copies of revised plans (must be revisions of original approved plan sheet(s))
If applying for Express review (only available in 20 coastal counties):
• Application fee of $500.00 (made payable to NCDENR) N A -
VI. APPLICANT'S CERTIFICATION
I, (print or type name of person listed in General Information, item 3) Bill Bryan
certify that I have authorized these plan revisions and that the information included on this plan revision
application is, to the st of my knowledge, correct and complete.
Signature: h4Aiaw Date: Z-016 - 03
Plan Revision Form Rev. Oct. 31, 2013

LIT-IVIL N Ulu. %ILVLL
o Date Received
Fee Paid (express only)
Permit Number
State of North Carolina
Department of Environment and Natural Resources
Division of Energy, Mineral and Land Resources
STORMWATER MANAGEMENT PERMIT PLAN REVISION APPLICATION FORM
his form may be photocopied for use as an original
I. GENERAL INFORMATION
1. Stormwater Management Permit Number: SW80%0518
2. Project Name:
ECEI
3. Permit HoIder's name (specify the name of the corporation, individual, etc.): mA
Beachwalk Homeowners Association Inc.
4. Print Owner/Signing Official's name and title (person legally responsible for permit):
Mr. Bill Bryan, President
5. Mailing Address for person listed in item 2 above:
126 Settlers Lane
City:Kure Beach State:NC Zip:28449
Phone: [phone] Fax:'( )
Email billbrvan1946®smail.coni
IL PLAN REVISION INFORMATION
1. Summarize the plan revision proposed (attach additional pages if needed):
Swale and pond maintenance to address items noted in NCDEQ Notice of Inspection Pipe several existing
ditches where access and/or maintenance issues exist
III. SUBMITTAL REQUIREMENTS
Only complete application packages will be accepted and reviewed by the Division of Energy, Mineral and
Land Resources (DEMLR). A complete package includes all of the items listed below. The complete
application package should be submitted to the DEMLR Office that issued the permit.
1. Please indicate that you have provided the following required information by initialing in the space provided
next to each item.
Initials
• Original & 1 copy of the Plan Revision Application Form
Two (2) copies of revised plans (must be revisions of original approved plan sheet(s)) NAC
If gRRLtmg for Express review (only available in 20 coastal counties): i
• Application fee of $500.00 (made payable to NCDENR) N I A'
VI. APPLICANT'S CERTIFICATION
I, (print or hype name of person listed in General Information, item 3) Bill Btvan
certify that I have authorized these plan revisions and that the information included on this plan revision
application is, to the t of my knowledge, correct and complete.
Signature: Date:
Plan Revision Form Rev. Oct. 31, 2013

Central Fees: APS , SWP
7/7/2016
Permit Number SW8960518 Permit Tracking Slip
Program Category Status Project Type
State SW Active Minor modiftication
Permit Type
Stale Stomtwater
3rimary Reviewer
steven.pusey
Coastal SWRule
Coastal 5t irnwater -1995
Permitted Flow
Facility
Version Permit Classification
1.20 Individual
Permit Contact Affiliation
Facility Name
Major/Minor Region
Beachwalk @ Kure Beach
Minor Wilmington
Location Addresh
County
Dow Rd
New Hanover
Facility Contact Affiliation
Kure Beach NC 28449
Owner
Owner Name Owner Type
Beachwalk Homeowners Association, Ina Non -Government
Owner Affiliation
Bill Bryan
126 Settlers Ln
Dates/Events Kure Beach NC 28449
Scheduled
Orig Issue App Received Draft Initiated Issuance Public Notice I Effective Expiration
4/6/1998 3/11/2016 7!1/2016 717/2016 5/21/2018
Regulated Activities Requested /Received Events
State Stormwater- HD - Detention Pond Deed restriction requested
Deed restriction received
Additional information requested 5125116
Additional information received 6115/19
Outfall
Waterbody Name Streemindex Number Current Class Subbasin

CAPE FEAR
ENGINEERING
June 15, 2016
Steve Pusey
Environmental Engineer
NCDEQ — Wilmington Regional Office
127 Cardinal Drive Ext
Wilmington, NC 28405
J%F(;F'1VF_t
JUN1�2U16
BY:
RE: Request for Additional Information
Stormwater Plan Revision for Beachwalk (SW8 960518) Subdivision
Kure Beach, NC
Dear Mr. Pusey:
Please find the below responses and attached information in response to your review comments
received via email on May 25t` and May 26"' for the Beachwalk Subdivison project. Copies of all
email correspondence regarding these comments have also been attached for reference.
1. Kure Beach installed drainage piping does not look up-to-date. Weren't you going to have
their proposed design changes added with notes from meeting? Reference the previous
Sheet C-1, Stormwater Plan-], Concept drawing from meeting.
Response: Two copies of revised sheet C-1 showing Kure Beach drainage project designed
by others has been included with this submittal of additional information.
2. Are they not going to pipe in the swale at the northwest corner of Pond I? This area had a
lot of erosion as I remember.
Response: Segment D3 is will not be piped because we do not want to constrict flow
between the two ponds or alter the intent of the original permit. The proposed plan include
reshaping the existing ditch and providing a rip -rap reinforced channel at the bottom to help
prevent erosion. The slopes above the rip -rap will be graded no steeper than 3H:1 V and will
be sodded. All work proposed shall be within the limits of the existing 30-ft drainage
easement. The Segment D3 and Segment D 1 details have been revised to label the 3H:1 V
slopes.
151 Poole Road, Suite 100 • Belville, NC 28451 • TEL: [phone] • FAX [phone]
www.capefearengineering.com

3. They will need to construct a 6:1 vegetated shelf around the perimeter of the pond. This will
help prevent erosion and promote growth of plants. Also, it is needed in order to meet the
stormwater rules. Please add vegetated shelf requirements to sheet P-1.
Response: We have confirmed that the existing pond shelf is a minimum 6-ft wide and will
not need to be altered. We have revised our pond section view to graphically show the
existing shelf. Additionally we have added specifications for shelf plantings.
i irust that the provided information is sufficient for you to review and approve the
subject plan revision; however, please let us know if you have any questions or need any
additional information.
Sincerely
atthew Haley, PE
CAPE FEAR ENGINE G, INC.
CC: CFE File 275-64 "36"
rice -IV
1UN zoo
BY:
151 Poole Road, Suite 100 • 8elville, NC 28451 • TEL: [phone] • FAX [phone]
www. capefearengineering. cam

(DAPE FEAR
ENINERING
151 Poole Road, Suite 100
Belville, NC 28451
TEL [phone]
FAX [phone]
www.capefearengineering.com
To
NCDEQ Wilmington Regional Office
127 Cardinal Drive Extension
Attn:
Mr. Steve Pusey
❑ As Requested ❑ For Your Files
❑ Sent via Mail ® Sent via Courier
Tran sr ittaI
I Date: I June 15, 2016
File: I 77.ri_Fd
Subject: ptormwater Plan Revision for
eachwalk Subdivision
(SW8 960518)
Add Info Response
❑ For Distribution ❑ For your Review / Action / Approval
Quantity
Drawing No.
Description
1
Original
Add Info Response Letter
1
Copy
Email Correspondance
2
Copy
Revised Stormwater Management Plans
ECEIVE
F-T
H
I REMARKS I Please let me know if you have any questions or need any additional information. Thanks,
CC: File
File: 275-64 "36" HUM
.
JUN 1 2016
Cape Fear Engin ering, Inc.
Signed:
Matthew Haley, PE
Received By:
Date:

39 3 - 16 Y411
1014 IWS
I e(
�esser_�o

Matt Haley
From:
Pusey, Steven <[e-mail]>
Sent:
Thursday, May 26, 2016 3:46 PM
To:
Matt Haley
Cc:
Bill Bryan
Subject:
RE: Beachwalk at Kure Beach
1 am okay with you not piping segment D3. However, the swale side slopes (above the riprap) must be
changed to have a gentle slope, no greater than 3:1. Please show this slope on the detail for Ods segment and
segment D1. That should do it.
I await your response on the other email.
Thanks,
Steve
Environmental Engineer
Division of Energy, Mineral and Land Resources — State Stormwater Program
Department of Environmental Quality
910 796 7215 office
910 796 7334 direct
steven. pusev(&ncdenr.aov
127 Cardinal Drive Ext.
Wilmington, NC 28405
Frrergly Minpra!
rent! durrrl Resnurt ,
Lk L"', Or is
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.
Before printing this email, please consider your budget and the environment.
From: Matt Haley [mailto:[e-mail]]
Sent: Thursday, May 26, 201612:50 PM
To: Pusey, Steven <[e-mail]>-list
Cc: Bill Bryan <[e-mail]> JUN WO
Subject: Re: Beachwalk at Kure Beach
Steve, BY'
Thank you for the clarification. We are not planning on piping D3 because we do not want to constrict flow between the
two ponds or alter the intent of the original permit. The proposed plan includes reshaping the existing ditch and
providing a rip -rap reinforced channel at the bottom to prevent erosion. The slopes above the rip -rap will he sodded. All
of the proposed work will be within the 30-ft drainage easement.

Matt Haley
From: Pusey, Steven <[e-mail]>
Sent: Thursday, May 26, 201611:03 AM
To: Matt Haley
Cc: Bill Bryan
Subject: RE: Beachwalk at Kure Beach
Matt,
Thanks for your response. As stated previously, they will need to construct a 6J vegetated shelf around the
perimeter of the pond. I believe you were planning to do some restoration work around the perimeter
anyway so this will just ensure that it is consistent all the way around. Per the Stormwater Rules, in
accordance with NCAC 02H.1008(e)(7) and (9) — The side slopes of the wet detention pond above the
permanent pool shall be stabilized with vegetation. The wet pond shall be designed with a vegetated shelf
around the perimeter of the basin. The shelf shall be gently sloped (6:1 or flatter) and shall consist of native
vegetation. Please specify the native vegetation types to be planted on the vegetated shelf of a wet pond.
Recommendations are:
a. The landscape plan should specify the type of vegetation for the side slopes and should
include a calculation of the square footage of the wet pond shelf area and the minimum
number of wetlands plants - 50 plants for every 200 square feet of shelf area.
b. Trees should not be planted within 10 feet of inlet or outlet pipes, spillways or flow
spreaders.
c. Tree species with water -seeking roots such as weeping willows and poplars, should be
avoided within 50 feet of pipes or manmade structures.
d. Evergreen trees which produce relatively little leaf -fall are preferred in areas draining to
detention devices.
e. Trees should be set back so that branches do not extend over the permanent pool.
I hope this information helps. Please advise if you have any further questions.
Steve
cstwe-ic Q. %PWAC '.
Environmental Engineer
Division of Energy, Mineral and Land Resources — State Stormwater Program
Department of Environmental Quality
910 796 7215 office
910 796 7334 direct
steven. ousey6d_)ncden r.Qov
127 Cardinal Drive Ext.
Wilmington, NC 28405
Email correspondence to and from this address is subject to the

Pusey, Steven
From: Matt Haley <matt. [e-mail]>
Sent: Thursday, May 26, 2016 12:50 PM
To: Pusey, Steven
Cc: Bill Bryan
Subject: Re: Beachwalk at Kure Beach
Steve,
Thank you for the clarification. We are not planning on piping D3 because we do not want to constrict flow between the
two ponds or alter the intent of the original permit. The proposed plan includes reshaping the existing ditch and
providing a rip -rap reinforced channel at the bottom to prevent erosion. The slopes above the rip -rap will be sodded. All
of the proposed work will be within the 30-ft drainage easement.
I do not know what the specific situation is with the lot 74 property but what we are proposing is compliant with the
originally approved permit. In my opinion, any issues with lot 74 structure should be addressed by lot owner not the
HOA.
Please confirm that you can approved the design of segment D3 as currently shown. I will follow up on you email about
vegetated shelf separately.
Thanks,
Matthew Haley, P.E.
Cape Fear Engineering, Inc.
On May 26, 2016, at 10:39 AM, Pusey, Steven <[e-mail]> wrote:
I apologize. I wasn't reading the map correctly. I was looking at the northwest corner but that
corner didn't need any work. Segment D3 is the outlet swale, correct? I am a little concerned
about that section. The homeowner on Lot 74 has complained that erosion is causing damage
to his foundation. Will the proposed swale repair fix that problem?
Steve
crux Q. PMAC*
Environmental Engineer
Division of Energy, Mineral and Land Resources — State StonT water Program
Department of Environmental Quality
910 796 7215 office
910 796 7334 direct
steven.pusev ncdenr.gov
127 Cardinal Drive Ext.
Wilmington, NC 28406
<image002.png>
Email correspondence to ei7d from tiWs address is subjectto the
North Carolina Public Records Law and may be disclosed to third parties.

North Carolina Public Records Law and may be disclosed to third parties.
Before printing this email, please consider your budget and the environment.
From: Matt Haley [mailto:[e-mail]]
Sent: Wednesday, May 25, 2016 5:17 PM
To: Pusey, Steven <[e-mail]>
Cc: Bill Bryan <[e-mail]>
Subject: RE: Beachwalk at Kure Beach
Steve,
Please find my responses to your comments below. Please review my responses and let me know if you have any
questions before I formally submit my add -info package.
Thanks,
Matthew Haley, PE
CAFE FEAR
ENGINE RIN
matt.halev[aD-capefearen4ineering.com
PH: 910.383.1044
151 Poole Road, Ste. 100 1 Belville, NC 1 28451
From: Pusey, Steven [mailto:steven.pusey ncdenr.eov]
Sent: Wednesday, May 25, 2016 4:33 PM
To: Matt Haley <[e-mail]>
Subject: Beachwalk at Kure Beach
Matt,
I'm back on Beachwalk. After reviewing the proposed plans, I have the following comments:
1. Kure Beach installed drainage piping does not look up-to-date. Weren't you going to have their
proposed design changes added with notes from meeting? Reference the previous Sheet C-1,
Stormwater Plan-1, Concept drawing from meeting.
It appears that we submitted an older version of C-1. We will get you a new sheet C-1 showing the
revised drainage designed by and to be installed by Kure Beach. Sorry for the confusion.
Are they not going to pipe in the swale at the northwest corner of Pond 1? This area had a lot of
erosion as I remember.
There is some minor erosion in this segment which will be repaired and revegetated as part of the
system maintenance. As discussed in the field, the existing drainage pipe from the adjacent Kure Dunes
subdivision was installed approximately 6-inches lower than the invert elevation of the pipes crossing
Fifth Avenue. Because of this elevation difference, it is our opinion installing a pipe through this
segment has the potential to adversely affect drainage from the Kure Dunes project; therefore, we
have not proposed piping this segment.
3. They will need to construct a 6:1 vegetated shelf around the perimeter of the pond. This will help
prevent erosion and promote growth of plants. Also, it is needed in order to meet the stormwater
rules. Please add vegetated shelf requirements to sheet P-1.

They will need to construct a 6:1 vegetated shelf around the perimeter of the
pond. This will help prevent erosion and promote growth of plants. Also, it is needed in
order to meet the stormwater rules. Please add vegetated shelf requirements to sheet
P-1.
We were under the impression from our previous discussions that since Pond #1 was
acting as a large forebay a traditional 6:1 vegetated shelf was not a requirement of the
permit for Pond #1. As discussed in the field our plan is to smooth out and clean up the
existing shelf around Pond #1 but were not going to try to go in and rebuild the existing
pond shelf.
Let me know if you have any questions.
Steve
Environmental Engineer
Division of Energy, Mineral and Land Resources — State Stormwater Program
Department of Environmental Quality
910 796 7215 office
910 796 7334 direct
steven.puse (a--)ncdenr.aov
127 Cardinal Drive Ext.
Wilmington, NC 28405
<image011.png>
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.
<image012.jpg> Before printing this email, please consider your budget and the environment.

Casmer, Jo
From:
Casmer, Jo
Sent:
Wednesday, March 16, 2016 4:16 PM
To:
'billbryan1946@gmail.00m; Matt Haley
Subject:
Beachwaik Subdivision; Stormwater Permit SW8 960518
The Wilmington Regional Office of the Division of Energy, Mineral, and Land Resources (Stormwater Section)
received the Stormwater Permit Plan Revision Application on March 11, 2016. This project have been assigned to
Steve Pusey and you will be notified if additional information is needed.
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.casmeancdenr.go.
127 Cardinal Drive Extension
Wilmington, NC 28405
>-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.

Completeness Review Checklist
Project Name:. `,�¢� ��(� ���, Received Dater
Project Location: Accepted Date:( -ty 4 "'o
Rule(s) ED 2008 Coastal I Al-995 Coastal Phase If (WIRO.) Universal LJ1988 Coastal
Type of Permit: New or Mod o PR Existing Permit # (Mod or PR): � � �5(�PE Cert on File?
Density: HD or LD I Type: Commercial or Residential NCG:
%: M(% OK?) Stream Class: MSA Map MOffsite to SW8
?: Subdivision or Single Lot
ORW Ma
Paperwork Ernalled Engineer on:
Supplements) (1 original per BMP) BMP Type(s):
O&M with correct/original signatures (1 original per BMP except LS/VFS and swales)
pplication with correct/original signatures El
Deed
®Corp or LLC: Sig. Auth. per SoS or letter Email Address:
$505 (within 6mo) lam.- El Email Address:
Design Engine
Owner c! 7Lrc— 06
Soils Report with SHWT n J Vote to Reviewer:
oil Calculations (signed/sealed) r6
®No obvious errors �0 0J
®Density includes common areas, etc , S
Deed Restrictions, if subdivided:�p''
Signed & Notarized 0
Correct Template (Comm/Res & HD/LD) or Dec. Covenants & Rest.
Plann
8a-ding
d cinity Map
Mk6g"end
Infiltration
Soils Report
Bottom:
Additional Information:
BUA (sf)
DA (sf)
PP (el)
SHWT (el)
Depth (ft)
SA (si)
etails (roads, cul-de-sacs, curbs, sidewalks, BMPs, Buildings, etc)
®Wetlands: Delineated or No Wetlands
yout (proposed BUA dimensions)
�DA Maps Project Boundaries
Valet Pond
Soils Report
SHWT: -
PP:
Offsite
PE Cert for Master
Deed Rest for Master
BUA Permitted (Master):
BUA Proposed (Offsite):
Lot #:
®Lot # Matches Master
sf
sf
Permitted Proposed: Proposed: proposed:

CAPE FEAR
ENGINEERING
March 11, 2016
Steve Pusey
Environmental Engineer
NCDEQ — Wilmington Regional Office
127 Cardinal Drive Ext
Wilmington, NC 28405
ECEIVt=
riMAR 1 1 201E
BY:_ 9
RE: Stormwater Plan Revision for Beachwalk (SW8 960518) Subdivision
Kure Beach, NC
Dear Mr. Pusey:
On behalf of our client Beachwalk Homeowners Association, Inc., Cape Fear Engineering (CFE)
is submitting a stormwater plan revision for the Beachwalk Subdivision in Kure Beach (SW8
960518).
This plan revision is being prepared in response to your Notice of Inspection dated February 24,
2016. We trust that submission of this Plan Revision satisfactorily addresses your need for a
written Plan of Action by March 29t'. Please let us know if you need anything else in response
this Notice of Inspection.
The purpose of this plan revision is to reflect as -built conditions of the project's stormwater
management system, detail maintenance activities required to correct deficiencies, and to make
modifications to the project's collection system to improve accessibility for future pond
maintenance and to reduce future maintenance burden within the .
Below is a description of the proposed maintenance work and revisions within each area of the
stormwater management system.
Segment D1
• There is minor erosion within this segment. The proposed plans detail repair of the
erosion and revegetation of bare and disturbed areas.
• Rip -Rap will be placed to protect the toe of the existing retaining wall next to lot 27.
Segment D2
o The existing ditch will be piped and a shallow swale will be graded on top of the new
✓ pipe to continue receiving road drainage. This ditch has been pipe to provide a corridor
for maintenance access to Pond #1 and to correct erosion of the existing swale.
151 Poole Road, Suite 100 • Belville, NC 28451 • TEL. [phone] • FAX [phone]
www.cap efearengineering.cam

Pond #1
• Based on survey information, it does not appear that Pond #1 was ever dug to the original
design depth. The proposed plan provides details for over excavating Pond #1 to restore
the originally permitted design depth. The plan also provides details for repairing erosion
and revegetating of bare and disturbed areas.
• The proposed plans do not make any changes to the previously permitted pond geometry.
Segment D3
• The proposed plans detail repair of existing erosion and to line the bottom of the swale
with rip -rap to help minimize future erosion. The areas above the rip -rap lining will be
graded at 3:1 slopes and vegetated.
Segment D4
• The proposed plan includes the installation of a "stint" pipe to force sediment from the
nemendicular swales to accumulate on the outside of the pipe and not impeded flow
between ponds # 1 and #2.
• The plan also includes repair and revegetation of eroded and disturbed areas.
Pond #2
• Based on survey information, it does not appear that Pond #2 was ever dug to the original
design depth and that forebays berms were not constructed. The proposed plan provides
details for over excavating Pond #2 to restore the originally permitted design depth, and
construction of forebay berms. The plan also provides details for repairing erosion and
revegetating of bare and disturbed areas.
• The proposed plans do not make any changes to the previously permitted pond geomctry
or outlet structure configuration.
Segment D5
• The existing ditch will be piped and a shallow swale will be graded on top of the new
pipe to continue receiving road drainage. In order to connect to the existing brick
headwall and four 18-inch pipes discharging from the Pond #2 outlet structure, two Arch
pipes will be used, each accepting flow from 2 —18-inch pipes.
• At the end of each Arch pipe, there is a riser with open frame and grate set lower than the
top of Pond #2 elevation. The purpose of these risers is to provide maintenance access
and to allow for emergency overflow during large storm events.
• A bulkhead plate will be provided at the end of both Arch pipes to connect to new 24"
diameter pipes that will ultimately discharge to the existing Kure Beach drainage system
at the back of Lot 58.
Settlers Lane
o Unpermitted drainage was previously installed by the Town of Kure Beach on Settlers
Lane. This drainage bypassed the stormwater treatment system as was in violation of the
approved permit. In order to correct the issue, the Town of Kure Beach hired their own
engineer to design a piped collection system to connect to the Pond #2 forebay. The
design by the Kure Beach engineer have been incorporated by reference into the overall
Beachwalk Stormwater Management Plans.
151 Poole Road, Suite 100 • Belville, NC 28451 • TEL: [phone] • FAX [phone]
www.capefearengineering.cam

I trust that the provided information is sufficient for you to review and approve the subject plan
revision; however, please let us know if you have any questions or need any additional
information.
Sincerely,
14A i- L A,
Matthew Haley, PE
CAPE FEAR ENGINEERING, INC.
CC: CFE File 275-64 "36"

CAPE FEAR
EN GI NERlNG
151 Poole Road, Suite 100
Belville, NC 28451
TEL [phone]
FAX [phone]
www.capefearengineering.com
To
NCDEQI Wilmington Regional Office
127 Cardinal Drive Extension
Attn:
Mr. Steve Puse
❑ As Requested ❑ For Your Files
❑ Sent via Mail ® Sent via Courier
Transmittal
Date: I March 11, 2016
File: 275-64
Subject: ptormwater Plan Revision for
eachwalk Subdivision
(SW8 960518)
❑ For Distribution ❑ For your Review / Action / Approval
Quantity
Drawing No.
Description
1
Original
Cover Letter
2
Original and
Copy
Plan Revision Application
2
Copy
Revised Stormwater Management Plans
BY:
I REMARKS I Please let me know if you have any questions or need any additional information. Thanks, I
CC: File
File: 275-64 "36u
MAR ) as
Cape Fear Engineer" g, Inc.
Signed:
- AA14A-II,'
Matthew Haley, P
Received By:
Date:

PAT MCCRORY V/
Governor
DONALD R. VAN DER VAART
w
secrawy
Energy, Mineral
and Land Resources TRA C Y DAVIS
ENVIRONMENTAL QUALITY
Director
February 24, 2016
Beachwalk Homeowners Association, Inc.
c/o: Cindy Snead, HOA Manager
Network Real Estate, Inc.
1029 N. Lake Blvd.
Carolina Beach, NC 28428
Subject: Notice of Inspection — Non Compliant
Beachwalk at Kure Beach
State Stormwater Management Permit No. SW8 960518
New Hanover County
Dear Ms. Snead:
Effective August 1, 2013, the State Stormwater program was transferred from the Division of Water
Quality (DWQ) to the Division of Energy, Mineral and Land Resources (DEMLR). All previous
references to DWQ will remain in older stormwater permits issued prior to August 1, 2013 until they are
modified. Please note that this letter references DEMLR as the Division responsible for issuance of the
permit.
On August 5, 2009, the Governor signed Session Law 2009-406. This law impacted any development
approval issued by the former Division of Water Quality under Article 21 of Chapter 143 of the General
Statutes, which was current and valid at any point between January 1, 2008, and December 31, 2010. The
law extended the effective period of any stormwater permit that was set to expire during this time frame
to three (3) years from its current expiration date. OnAugust 2, 2010, the Governor signed Session Law
2010-177, which granted an extra year for a total of four (4) years extension. Accordingly, the Division is
herewith notifying you that the subject permit is now effective from the date of issuance until May 21,
2018, which includes all available extensions.
On February 18, 2016, staff from the Wilmington Regional Office of the Division of Energy, Mineral and
Land Resources (DEMLR) inspected Beachwalk Subdivision, located in Kure Beach, New Hanover
County, to determine the status of compliance with the State Stormwater Management Permit Number
SW8 9605I8 issued on September 9, 1996. DEMLR file review and site inspection revealed 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 recent inspection.
As indicated in the attached inspection report, the following deficiencies must be resolved:
There is significant erosion on all the conveyance channels and around the edge of the pond, as evidenced
by sharp dropoffs of a foot or more at the waters edge. Maintenance of the stormwater system is required
at this time. All conveyance swales and the pond edges need to be re -graded and re -seeded as necessary
to repair erosion. Some areas will require extra grading, riprap, additional piping, or other measures to
protect against erosion. In addition, a Plan Revision needs to be submitted in order for us to approve
piping in several swales and some other stormwater control measures.
State of North Carolina I Environmental Quality I Energy, Mineral and Land Resources
127 Cardinal Drive Extension I Wilmington, NC 28405
910 796 7215 T 1910 350 2004 F I htto://nortal.ncdenrore/web/lr/

State Stormwater Permit No. SW8 960518 ti
Page 2 of 2
In summary, please provide the following:
1) Please submit an application for a Plan Revision in order to renovate the wet detention pond
(muck out), and to install additional piping and other needed stormwater control measures.
2) Repair erosion in all necessary areas, and muck out the wet detention pond to the revised plan
specifications.
3) Install approved stormwater control measures (SCMs) as needed.
4) Provide an engineer's certification for all relevant SCMs. This includes but is not limited to
the wet detention pond, piping, and lined or reinforced swales.
Please be reminded that it is your responsibility as the permittee of record to submit a completed and
signed Name/Ownership Change Form to the Division of Energy, Mineral and Land Resources at least 30
calendar days prior to making any of the below listed changes. These forms are available on our website
at: https://dea nc aov/about/divisions/energ_y-mineral-land-resources/energyanineral-land-
a. An ownership change including the sale or conveyance of the permitted project area in whole or
in part. This does not include the conveyance of subdivided residential lots to individuals which
are made subject to a recorded declaration of covenants and restrictions as required by the
stormwater permit;
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. Foreclosure proceedings;
d. Bankruptcy;
e. Dissolution of the partnership or corporate entity;
f. A name change of the owner / permittee;
g. A name change of the project;
h. A mailing address change of the permittee;
Please be advised that until you submit the required Name/Ownership Change Form to the Division and
receive approval from the Division to transfer the permit, you are 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 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
timeline to resolve the identified deficiencies, by March 29, 2016, 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, including the assessment of
civil penalties of up to $25,000 per day.
If you have any questions, please contact me at the Wilmington Regional Office, telephone number
[phone] or via email at [e-mail].
Sincerely,
Steven G. Pusey
Environmental Engineer
Enc: Compliance Inspection Report
GDS\sgp: \\\Stormwater\Permits & Projects\1996\960518 HD\2016 02 CEI—deficient 960518
cc: Matt Haley, PE — Cape Fear Engineering
Georgette Scott, Wilmington Regional Office Stormwater Supervisor
WiRO Stormwater Permit File
State of North Carolina I Environmental Quality I Energy, Mineral and Land Resources
127 Cardinal Drive Extension I Wilmington, NC 28405
910 796 7215 T 1 910 350 2004 F I htto•//vortal ncdenr.orelweb/lr/

Compliance Inspection Report
Permit: SW8960518 Effective:05/21/04
Project: Beachwalk @ Kure Beach
Owner: Beachwalk Homeowners Association, Inc.
County: New Hanover
Region: Wilmington
Expiration: 05/21/18
Contact Person: Richard Camilletti Title:
Directions to Project:
Type of Project: State Stormwater - HD - Detention Pond
Drain Areas: 1 -
On -Site Representative(s):
Related Permits:
Adress: Dow Rd
City/State/Zip: Kure Beach NC 28449
SW8920807 Unknown Wiro - Kure Dunes Phase II
SW8950709 Unknown Wiro - Kure Dunes Phase III
Inspection Date: 02/18/2016 Entry Time: 01:30PM
Primary Inspector: Steven G Pusey
Secondary Inspector(s):
Reason for Inspection: Follow-up
Permit Inspection Type: State Stormwater
Facility Status: ❑ Compliant IN Not Compliant
Question Areas:
State Stormwater
(See attachment summary)
Phone:
Exit Time: 03:30PM
Phone:
Inspection Type: Modification Offsite
page: 1

Permit: SW8960518 Owner - Project: Beachwalk Homeowners Association, Inc.
Inspection Date: 0211812016 Inspection Type Modification Offsite Reason for Visit: Follow-up
Inspection Summary:
In order to bring this project into compliance, the following actions need to be taken:
1) Please submit an application for a Plan Revision in order to renovate the wet detention pond, and to install additional
piping and other needed stormwater control measures.
2) Repair erosion in all necessary areas, and muck out the wet detention pond to the plan specs.
3) Install approved stormwater control measures (SCMs) as needed.
4) Provide an engineer's certification for all relevant SCMs. This includes but is not limited to the wet detention pond,
piping, and lined or reinforced swales.
File Review Yes No NA NE
Is the permit active? 9 ❑ ❑ ❑
Signed copy of the Engineer's certification is in the file? E ❑ ❑ ❑
Signed copy of the Operation & Maintenance Agreement is in the file?5 ❑ ❑ ❑
Copy of the recorded deed restrictions is in the file? ❑ ❑ ❑ U71
Comment:
SW Measures Yes No NA NE
Are the SW measures constructed as per the approved plans? n ❑ ❑ ❑
Are the inlets located per the approved plans? W ❑ ❑ ❑
Are the outlet structures located per the approved plans? a ❑ ❑ ❑
Comment:
Operation and Maintenance Yes No NA NE
Are the SW measures being maintained and operated as per the permit requirements? ❑ ❑ ❑
Are the SW BMP inspection and maintenance records complete and available for review or provided to ❑ ❑ ❑
DWQ upon request?
Comment: As before there is significant erosion on all the conveyance channels and around the edge of the pond
as evidenced by sharp dropoffs of a foot or more at the waters edge Maintenance of the stormwater
system is required at this time All conveyance swales and the pond edges need to be re -graded and
re seeded as necessary to repair erosion Some areas will require extra grading, riprag, additional
iping or other measures to protect against erosion A Plan Revision needs to be submitted for
approval of the planned addition of piping and other special measures.
page: 2

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Pusey, Steven
From: Pusey, Steven
Sent: Thursday, February 11, 2016 3:26 PM
To: 'Matt Haley'
Subject: RE: Beachwalk Homeowner Association Stormwater System
144att,
Ccrnc.e:rni :ig yin�jl' ijE? 2.r '1 34i3? `l. V i,Fnk `r j1+:1u 1: r1
riie dz{rl :p1 ia a' l ve reqi'. eg sur ace area,
``riid--jr. tht}h..`. provlled Surfacearea ;tIli +Cii{erthan reL.�r ±i pii�Ae See. JM�yrsA1oov.
Our previous poli;r y has br.en hat`if 3 projoe t is increasing. i-he BUA o1- drair!age area such that 3 chpoge e,cany
of the existing pond's Permitted condI t:ions is required, it may be. nee- ;ssary on a r3se—by-case. basis e. look at
the ne>A�+ Criteria, ti3khnJ7 the,.ge{l!i etry of the pc d. and the Im "lac:t o the .ha i?':'S Ir3i.Q %1.E°L�u:l !f the rr{ �
j, t. - 1e �:, Juosed
chariges _ zo not r'Pi, uir:° the Pond, as permitted, to b-F revised, 1-hi '.r, iN can re � in as is. he :few criteria is
�'.a t;ri,.r:.1 to .�
referring to tisirr the aJarar : depth in a:s4f�riini�g tii r�ii°r :ti swria tarea. This :; cer
tainly notnew ithese_n-Ile t average '!. p ii ha ; p ' t : s ric .g .9-5 i • i sit,- '";h cr l "r_ }
'l}a .i I}. %'. in -i3� rules !.�!'.` ..R and ir.�.ditw:^. 3 t . it '1 the ,.�.r'FiEr r'iPnL TQr±Y+ since
ck.- t`te'. Wet Por, � cil:aptt'?r' fthe: 1,999 i:!'•r"P I'�13rr.lcil used t it? average depth in the E tdrT`e{iIP_
probiern.
In this catscatse, I 'believe the BUA a !, odr i=age a; ea is increasing, car a +R.} Also.. Du will bL. using �pond dr.t
pth
that is less th.ark the o6gil,ai T� err`tr'2. ? change to try' nfst's :.rnr. tted conditions ions is
I �r
,�ta•r, ��. ��.
the. ?r?%A° JeSigii 11-01ASt tYl<:e into acCount i-Ile average depth. th. One thing h,,at rnav help in this case, is the new
formula to irai'r,�ri ate avgarage depth, Yc'u (rtav use eitheilthe fo m !.a, which Voiur,�/ Sr.+ria{e Area at
the ErrnanEerll. pool ei—vat:ion or the �;ew fi r-r la. V4,'i?jc i' sEl+^"n inFigure 1. ,h or, page `- r ' €° BM I3 , v r %u L, r rLJr1 I pa t. liJ .D ii P
rnan,u•a 1. -ceitill.1, Zhl's will minimize the cte3Latof over ziE3va1i_or.
f7r far its ri?eel,,:!Ing 0jut it locpK.s 01.e tl"?'.-'R. -'-8 rn v at-r C t' h r°i'. inn
Steve
. -PFZAC
Environmental Engineer
Division of Energy, Mineral and Land Resources — State Stormwater Program
Department of Environmental Quality
910 796 7215 office
910 796 7334 direct,
127 Cardinal Drive Ext.
Wilmington, NC 28405
l:nr•+:r+ Mlnri�i
urrG lrradA�,wxncr!,
LkYl11pN�M1�� VV.��ix
E'mad con-espandence fo ar?d fram this address is subject to the
Nor i Carolina f'uolic: Records Law wid may be disclosed to third parties.

AMN
Before printing this email, please consider your budget and the environment.
From: Matt Haley [mailto:[e-mail]]
Sent: Wednesday, February 10, 2016 5,45 PM
To: Pusey, Steven <[e-mail]>
Subject: RE: Beachwalk Homeowner Association Stormwater System
Steve,
e dll?S• for f(.%0i( N1g Lip on our phone calf fronn yesterday. i am not sure. what information was used to certify the
t: rigina1 non d but in rt?V Pro,fossiorxaf 0Pir"iian the Pond 'was !'tever dug- to the design depth. Thc, current botfL: nns are. 4-5
1 °•.'� z i ";!'!y' of CI'_'ai�?n.:' on't see .=i1v 4i ii_j ?:7i:.l �:' rr'i E.f. t,:h :�ei�, t:`I'3e'. t`i a... ci1,., ay,.,, .tyWane,
Sti-ll need to know if we can decrease the. de -sign, iiept.i; and trig r"Pi: cared surface area provided that the- provided surface-
�aF.:a `4 stitl iat"C, k 5s� " rE:C� Ji EC(. "i'#�F? ]�rrl `i C'r!"r'P.rti;Ijl }?ilk°' .;3�1r"£` Siir'fds"�. area than i'?wiG! t'e'. f. F �f? .. wf: j5ill .
i d V
We want to redesign the systern LiSing Zihe'95 rules (no-avecarje- der31:h" ar"d minimize the: wTti;]un €ii - i`F't' +excav .tion
ifiat is required in order to rniniini.ze construction scuts.
Sioce! the 1."'I arty 18' doesn't work. Are tiier'ei tr [ til , r crorrii es ll pryfe i e a 'r!: c
�: a'y �, �.� .��.� ... , rts:::�at,_._ 4�.�-'aide hE-�3i',_ i=e�irt�ary �.4 ; w!t;YnYou
.:ould meet on'site. Ri r?i: now we i );ir!, �.. Tr r : Prices sizr%i! S c : i "..'ve art, we Want .o nake e taIr3
ia' � dt ir3�-' at "'J[l .a .tr' t� r- C.e� � i ;'i "sL }! ` I•iiitl�F•t +;� � `� r?' v �r-
t.nat. we have a goon, wider"stanC ing of 1.1" issues and are not, over corn�IN'cafl ig thing..
Thanks,
Matthew Haley, PE
CAPE FEAR
ENGINF1ER"N1
maft. halevOcamfearenaineerina.com
1-711 Fools Roar-,'. Ste. '1.0' 1 Fes!` iii` , NC 1 ':8.1!51
From: Puse , Steven �3.ail.(.p steveRrt.pl,. e a�L1c err.�.,
Y �_.__�-___
Sent: Wednesday, February 10, 2016 4:50 PM
To: Matt Haley <=Y`e`®
Subject: RE: Beachwalk Homeowner Association Stormwater System
!`!,''I att,
I Just: r'e ieV11ed, the. file:. For -Pond'!, the depth 5t'tould 7.5 feet fr'on- the pertr}ariert; pool tr't ti-e bottom. in c
fetter {trod" ! ir;da F•1�7?C; a,4,, .t Y "a 06 F J s s r t # r �ryy � � i f '?
rj[L ^^, u}} e...-w� ��`. i" �.i�w •, it za.. tiate,� h:F3_. ri"ia 7 ,++'.`I s., vvas re,rr:t�'ied b'y. r hil Norris;
PF r.r 6 epterober 11, 2C -04. it 1=as novv bee.."rt t 4�i'icr S J: i �;SS�Li rTic E?:�<1 t1. 1.i i!R;?(+C L>) be ciei=rt e d E El 1. ?� :i?1. g
You will need io sury -,:, botttlorn depths
q ? l s �( aiidvia,: the cor-odi`I:ions. --, stated i:'i the +prwd i•, pond n-
yy .... vie 4 U`.j.1t 1 i�i � c_ y, _ ia. !`. 't. t.t+ta pa.l.t L?t'.%'S
Cjearje t? Ja'rU51 :i'%i4 t t t r�Zsij ta. { ar .i. depth t':" . ^ai.
;o t.Jrn i., et�u d Itc a. a_i .l .3.62'5 i':....
rY)e }rr)c?dt.}res e r_. 118 ECfoFPo%. . ci gg cl to the r depth from F="r,
t3i(r?a�.
':,00f to �b vz i31. The "lo .ne vv,;i! nine o i'le cleaned" out iR er°:;'i he ri � t e
i L "i r Li `4
��'i�trr€F,' If reaches, La C [_'}t il". P_}J f..7 o1 VC.!I k,ii"ne.' '.`Jr
Jfis, l se 1. fout depth sii-nila., to all new, PE'.i'mi ;,.

At thecurrent urrent time; I dc)n't think I will be able to be C)nsite; Feb. 17 or 1& 111 let you know if so;nething
changes.
Steve
C . _17.0 t r ar
Environmental Engineer
Division of Energy, Mineral and Land Hcsources -- State Stormwater Program
Department of Environmental Quality
910 796 7215 office
910 796 7334 direct
127 Cardinal Drive Ext.
Wilmington, NC 28405
1%1*r
Before printing this email. please consider your budget and the environment.
From: Matt Haley [. - - :;. - `-anefearengineering.con-11
Sent: Wednesday, February 10, 2016 1:17 PM
To: Pusey, Steven <
Subject: Re: Beachwalk Homeowner Association Stormwater System
Steve,
Would you be available to walk the site with me and the owners (potentially a contractor too) on either February 17th
or 18th? Want to make sure we fully understand any compliance issues that confirm that our current plan satisfactorily
addresses them.
Thanks,
Matthew Haley, P.E.
Cape Fear Engineering, Inc.
On Jan 29, 2016, at 2:55 PM, Pusey, Steven <sre,e icdenr gov> wrote:
Matt,
I was informed by an email from David W. Heglar, PE, for the Town of Kure Beach, that the
engineers met the week of Jan. 18 to finalize the plans to the State for approval. Also, I just
talked with Brian Cox of Engineering Services and he informed me that they have finished their
part of the design for the Settler's Lane drainage area. So, it appears that the ball is in your

court. Can you give me an estimated date when you will be able to submit the Plan Revision for
the complete stormwater system?
Thanks,
Steve
crfawmm Q. PAW
Environmental Engineer
Division of Energy, Mineral and Land Resources — State Stormwater Program
Department of Environmental Quality
910 796 7215 office
910 796 7334 direct
127 Cardinal Drive Ext.
Wilmington, NC 28405
Before printing this email, please consider your budget and the environment.
4

Pusey, Steven
From: Pusey, Steven
Sent: Wednesday, February 10, 2016 4:50 PM
To: 'Matt Haley'
Subject: RE: Beachwalk Homeowner Association Stormwater System
Matt,
I just reviewed the file. For Pond 1, the depth should 7.5 feet from the permanent pool to the bottom. In a
letter from Linda Lewis, dated March 9, 2006, it was stated that the depth of 7.5' was certified by Phil Norris,
PE on September 17, 2004. It has now been 12 years so I assume that it needs to be cleaned out again.
You will need to survey the bottom depths and advise the conditions. As stated in the permit, the pond needs
to be cleaned out when the bottom depth is reduced to a depth of 5.625 feet.
The same procedures will be required for Pond 2. Calculate the required depth = distance from permanent
pool to bottom. The pond will need to be cleaned out when the sediment reaches 25% of the pool volume or
just use 1 foot depth similar to all new permits.
At the current time, i don't think I will be able to be onsite Feb.17 or 18. I'll let you know if something
changes.
Steve
Environmental Engineer
Division of Energy, Mineral and Land Resources — State Stormwater Program
Department of Environmental Quality
910 796 7215 office
910 796 7334 direct
steven. pUSey(M-ncdenr.a0�
127 Cardinal Drive Ext.
Wilmington, NC 28405
Enc(gY. Mineral
and f and Rrsourr� c
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.
Before printing this email, please consider your budget and the environment
From: Matt Haley [maiito:[e-mail]
Sent: Wednesday, February 10, 20161:17 PM
To: Pusey, Steven <[e-mail]>
Subject: Re: Beachwalk Homeowner Association Stormwater System

ECEiVE .
JAN 21 20%
BY:
512 Shell Drive
Kure Beach, NC 28449
January 15, 2016
Mayor Emilie Swearingen, Town of Kure Beach
Mr. William BYyan, President Beachwalk Homeowners Association
Mr. Steven Pusey, Environmental Engineer, NC Department of Environmental Quality, Division of
Water Quality
Mayor Swearingen and Gentlemen,
This letter requests that all parties expedite their efforts toward getting Beachwalk
Homeowners Association stormwater system repairs started by April 15, 2015.
On January 13, 2016 a home inspector whom we engaged advised us that our home is
in imminent jeopardy of suffering severe structural damage if the stormwater canal
adjoining my property is not re -sloped. Some corner bricks on the canal side of the
house have compressed and some have come detached from the structure. The
inspector's reports says: "Stress due to deteriorating soils conditions appears to possibly
be causing stress to structure at right hand side yard area and back yard area of subject
homes brickwork." Additionally the report states, "Recommend a qualified licensed
soil engineer evaluate homes[sic] soil conditions and advise client on repairs."
Maintenance of the canal is Beachwalk Homeowner's Association's (HOA) responsibility
as the stormwater permit holder. The HOA has known for several years from surveys
and engineering consultations that the canal slopes are not in compliance with the North
Carolina Department of Environmental Quality (DEQ) stormwater permit. The HOA
advises that preparations for repair work have been underway to the extent that
engineering plans have been developed. However, work has been suspended awaiting
information from the Town of Kure Beach's engineer.
These are recent events related to this issue and actions that are required for repair work
to start:
• In August 2015 the HOA's engineer, Cape Fear Engineering, informed DEQ of a potential problem
with the Town's installed pipe which directs stormwater into the Beachwalk stormwater system.
• DEQ advised the engineer and the HOA Committee that that the Town's pipe must be rerouted from
a canal to a settlement pond and that the Town's plan to reroute the pipe be incorporated into the
HOA's plan.
• October 2015 HOA Board meeting minutes states that the Town was informed of DEQ's
requirement in August 2015.
• The Town engaged an engineer to develop a plan in October 2015.
• In January 2016 the HOA Board was informed that the Town's plan has not yet been provided to the
HOA's engineer.
• The HOA says no work can proceed until a complete plan is submitted to and approved by DEQ.
• According to the HOA, DEQ's approval process may take three to six months.
• After DEQ's approval, the HOA's intention is to solicit competitive bids for the repair work;
evaluate proposals, select a contractor who must do preparations before starting work.
It seems that repair work cannot start anytime within the next eight to ten months. My

wife and I are afraid that if this work is delayed much longer our home could suffer
severe structural damage that would be expensive to correct.
My wife and I request written assurances that engineering, plan submission, plan
approval, contractor selection, and start of work can be expedited by all parties so actual
repair work can siari by April 15), 2010. Otherwise we intend to do what ever is
necessary to protect our property from further canal bank erosion thereby ensuring the
structural integrity of our property and avoiding expensive structural repairs.
Sincerely,
Abseph and Janice Truelove
cc: Mr. Matt Haley, Director of Engineering, Cape Fear Engineering, Inc.

Pusey, Steven
From: Joe Truelove AtKure <joeatku re@g mail. com>
Sent: Friday, January 15, 2016 2:47 PM
To: [e-mail]; Pusey, Steven; Bill Bryan
Subject: Beachwalk Homeowner Association Stormwater System Issue
Attachments: 512SheilDrStructurallssue.doc
Mayer Swearingen, Gentlemen,
The attached letter request that all parties working toward the repair of
Beachwalk Homeowner Association's stormwater system expedite their
efforts to help avoid structural damage to my home.
Respectfully,
Joe Truelove
512 Shell Dr.
Kure Beach, NC 28449
910 232 2616
Joe Truelove
1

512 Shell Drive
Kure Beach, NC 28449
January 15, 2016
Town of Kure Beach Mayor, Emilie Swearingen
Beachwalk Homeowners Association President, William Bryan
ATorth Carofina State Department c,f Environmental Quality, Division of Water Quality, Mr. Steven
Pusey
Mayor Swearingen and Gentlemen,
This letter requests that all parties expedite their efforts toward getting Beachwalk
Homeowners Association stormwater system repairs started by April 15, 2015.
On January 13, 2016 a home inspector whom we engaged advised us that our home is
in imminent jeopardy of suffering severe structural damage if the stormwater canal
adjoining my property is not re -sloped. Some corner bricks on the canal side of the
house have compressed and some have come detached from the structure. The
inspector's reports says: "Stress due to deteriorating soils conditions appears to possibly
be causing stress to structure at right hand side yard area and back yard area of subject
homes brickwork." Additionally the report states, "Recommend a qualified licensed
soil engineer evaluate homes[sic] soil conditions and advise client on repairs."
Maintenance of the canal is Beachwalk Homeowner's Association's (HOA) responsibility
as the stormwater permit holder. The HOA has known for several years from surveys and
engineering consultations that the canal slopes are not in compliance with the North
Carolina Department of Environmental Quality (DEQ) stormwater permit. The HOA
advises that preparations for repair work have been underway to the extent that
engineering plans have been developed. However, work has been suspended awaiting
information from the Town of Kure Beach's engineer.
These are recent events related to this issue and actions that are required for repair work
to start:
• In August 2015 the HOA's engineer, Cape Fear Engineering, informed DEQ of a potential problem
with the Town's installed pipe which directs stormwater into the Beachwalk stormwater system.
• DEQ advised the engineer and the HOA Committee that that the Town's pipe must be rerouted from
a canal to a settlement pond and that the Town's plan to reroute the pipe be incorporated into the
HOA's plan.
• October 2015 HOA Board meeting minutes states that the Town was informed of DEQ's
requirement in August 2015.
• The Town engaged an engineer to develop a plan in October 2015.
• In January 2016 the HOA Board was informed that the Town's plan has not yet been provided to the
HOA's engineer.
• The HOA says no work can proceed until a complete plan is submitted to and approved by DEQ.
• According to the HOA, DEQ's approval process may take three to six months.
• After DEQ's approval, the HOA's intention is to solicit competitive bids for the repair work;
evaluate proposals, select a contractor who must do preparations before starting work.
It seems that repair work cannot start anytime within the next eight to ten months. My

wife and I are afraid that if this work is delayed much longer our home could suffer
severe structural damage that would be expensive to correct.
My wife and I request written assurances that engineering, plan submission, plan
approval, contractor selection, and start of work can be expedited by all parties so actual
repair work can start by April 15, 2016. Otherwise we intend to do what ever is
necessa.— to protect -=— property from further canal bank erosion thereby ensurinLh
g
structural integrity of our property and avoiding expensive structural repairs.
Sincerely,
Joseph and Janice Truelove
cc: Cape Fear Engineering

Pusey, Steven
From: Pusey, Steven
Sent: Tuesday, January 26, 2016 5:26 PM
To: 'Heglar, David W
Cc: Emilie Swearingen; Bill Bryan; David Heglar; Joe Truelove AtKure; Sonny Beeker
Subject: RE: Beachwalk Homeowner Association Stormwater System Issue
Mr. Heglar:
It has been my understanding that the HOA was working on a plan to shore up the drainage system but it ran
into a snag due to the illegal discharge pipe, which is controlled by the Town of Kure Beach. It seems like
progress has been stopped due to the Town's lack of action.
Can you please give me an update on the project, and possibly advise an approximate date when you will be
able to finalize the plans?
Thanks,
crta,w-M Q. P
Environmental Engineer
Division of Energy, Mineral and Land Resources — State Stormwater Program
Department of Environmental Quality
910 796 7215 office
910 796 7334 direct
steven.pusey .ncdenr.raov
127 Cardinal Drive Ext.
Wilmington, NC 28405
Y
lCun:lRr.ourci 5
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.
Before pdnirng this email, please consider your budget and the environment.
From: Heglar, David W [malito:[e-mail]]
Sent: Monday, January 18, 20161:55 PM
To: Joe Truelove AtKure <[e-mail]>
Cc: Emilie Swearingen<[e-mail]>; Pusey, Steven <[e-mail]>; Bill
Bryan <[e-mail]>; David Heglar<[e-mail]>; Sonny Beeker
<[e-mail]>
Subject: RE: Beachwalk Homeowner Association Stormwater System Issue
Mr. Truelove

crORMWATER MANAGEMENT PLANS
FOR
HA-C"WA K S.UJ3Z:)1V1S1aAf
Town of Kure Beach, North Carolina
VICINITY MAP
NOT TO SCALE
CAPE FEAR
E N G I N LIE ERI b4 (0.3"'
151 Poole Rd.,Suite 100; Belvilie, NC, 28451
TEL [phone]; FAX [phone]
www.capefearengineering.com
N.C. LICENSE # C-1621
INDEX
Covet
H
GENERAL NOTES AND LEGEND
C-1
STORMWAT52 PLAM
C-2
STORMWATEP PLAN 2
Pi
POND A DETAILS
P-2
POW 42 DETAILS
D-
STORMWATER DETALS
D-2
STCRMWATeR DETALS
=:aQ
FNAL DESIGN
NOT FOR CONSTRUCTION

GENERAL NOTES,.
L L14MM NIOTED OTHERWISE ALL WORK MATERIALS AND TESTING SHALL Be N
ACCORDANCE WITH CURRENT VERSION OP NCDOT STANDARDS AND
SPECFICATICNS ALL TEST RESIJLTS/TFST REPORTS SHOULD BE DISUANED
'K*A M(ATELY TO THE OWNEPA NGI EE2 FOR REVIEW.
2 CONTRACTOR SHALL BE RESPONSIBLE FOR HIRING A NO LICENSED
GEOTEC LAICAL ENGINEER AND 00IST2UCTION MATERIALS TESTING FRM TO
DEVELOP A OONPRE40OVE TESTNG PLAN FOR ALL WORK THE TESTING PLAN
SHOULD BE SUBMITTED TO ENGINEER FOR APPROVAL A MINIMUM OF 14 DAYS
BEFORE BEGINNING WORK
3. EXISTBNG UTILITY INFORMATION 6 NOT TO BE RELIED ON AS BEND EXACT OR
CONPLETM THE CONTRACTOR SHALL BE RESPONSB.E FOR LOCATION.
VERFICATION, SUPPORT AND PROTECTION OF ALL ABOVEGROUND AND
UNDERGROUND UTILITIES TO REMAN N PLACE, INICLUDLJG ANY UTILITIES NOT
INDICATED ON CONTRACT DRAWINGS, ANY CONFLICTS OR DISCREPANCIES
SHALL BE BROUGHT TO THE OWNERS AND ENGNNemzs ATTENTION IMMHJIATE.Y.
4. CONTRACTOR SHALL PROTECT ALL EXSTING STRUCTURES, TREES, PAVEMENT,
UTAJTES, AND OTHER PROPERTY LHJ938 THEY ARE TO BE DEMOLISHED. ANY
PROPERTY NOT AUTHOR® FOR REMOVAL BUT DAMAGED BY THE
CONTRACTOR SHALL BE RESTORED BY THE CONTRACTOR TO THE OWNERS
SAT6PAOTION AT NO ADDITIONAL EXPBNEE TO THE OWNER.
5. OONT12ACTOR SHALL MAKE EVERY EFFORT TO SAVE PROPERTY IRONS,
MONUMENTS, OTHER PERMANENT POINTS AND LINES OF REFERENCE AND
CONSTRUCTION STAKES PROPERTY BONS. MONLMENTS, AND OTHER PERMANENT
POINTS OF REFERENCE DESTROYED BY THE CONTRACTOR SHALL BE REPLACED
BY A NORTH CAROLNA LICENSED LAND SURVEYOR AT THE CONTRACTORS
EXPENSE
6 THE CONTRACTOR SHALL MAKE SURE THAT WORK PERFORMED LINOW THIS
CONTRACT SHALL NOT IMPACT THE OPERATION OF ANY ADJACENT PROPERTES.
7. THE CONTRACTOR SHALL RESTORE ANY ACCESS ROADS AND STAGING AREAS
USED BACK TO TIER ORIGINAL CONDITION ALL DSTURSI D AREAS SHALL BE
VEGETATED N ACCORDANCE WITH NCDHNR REQ IREML3NT$
S. THE CONTRACTOR SHALL TAKE ADEQUATE PROTECTIVE MEASURES TO ENSURE
THAT EXISTING PAVEMENT SURFACES ARE NOT DAMAGED FROM TRACE
CONSTRUCTION EOLPNBNT OR ANY OTHER POSSIBLE SOURCE WHEN EQUFWIENT
8 BENG MOVED CLRNG AND AFTER W012K 6 LNG C ONDUJCTESD, CONTRACTOR
SHALL REPAIR ANY PAVED AREAS DAMAGED DURING CCNSTRUCTION TO THE
SATISFACTION OF THE OWNER AT NO ADDITIONAL EXPENSE
9. EXISTING PAVEMENTS AND ALL OTHER AREAS ADJACENT TO THE SIRE SHALL BE
KEPT CLEAN AT ALL ThM DO NOT ALLOW SOLD UP OF SQL. MUC, DUST OR
OTHER DEBRIS.
10. CONTRACTOR 6 RESPONSIBLE FOR ALL SURVEYING AND STAKING TO COMPLETE
THE WORK
L ANY AND ALL MATERIAL CRLANTTTES INDICATED ON THIS PLAN SET ARE FOR
REFERENCE ONLY. CONTRACTOR MUST VE21FY ALL MATERIAL QUANTRES
SHOWN.
12. CONTRACTOR 6 RESPONSIBLE FOR ALL PUMPING, AND DEWATERNG NEEDED TO
COMPLTETE 11HE PROPOSED SCOPE WORK
I& CONTRACTOR IS RF910KSBLE FOR ALL EA2THIW0Qr 14CUJDNG BUT NOT LIMITS)
TO STRPPIVG. ROUGH GRADING CUTTNG. FILLING STOOKPLNG. MOISTURE
CONDITDNNG OF ONSITE SOLS, EXPORTING U ISUTABFJEXC ESS MATERIAL,
IMPORTING MATERIAL.
4N CONTRACTOR SHALL COORDINATE WI114 OWNER FOR LAYDOWN AND
CONTRACTOR STAGING AREA.
gVEM CONDITION AND SUJ2 = NOTES
I. THIS PLAN HAS BEEN PREPARED USING DIGITAL DRAWING FILE PROVDED BY
ROBERT SESSOMS E ASSOCIATES, PLLC VIA EMAL ON APRL b, 2015E REVISED
EROSION AND SEDIMENT CONTROL PLAN AND WATER OUALRY PLAN BY HANOVER
DESIGN SERVICES. PA DATED MARL{ 30 199$SUPPLEMENTAL SURVEY BY CAPE
FEAR ENGNEERLJG, INC. AND PLED OBSERVATIONS BY CAPE FEAR ENGNESE; WG,
NG
2 TOPOGRAPHIC INFORMATION SHOWN BASED ON SURVEYS BY ROBERT SESSOMS 6
ASSOCIATES. PLLC DATED 5/28/13 AND CAPE FEAR 649NMRWG, NC (CPI] N
A.^RL. 2015.
3, SURVEY INFORMATION BY ROBERT SESSOMS E ASSOCIATES, PLI.0 WAS ADJUSTED
FROM NAVO 88 DATUM TO NGVD 29 DATUM BY C.F.E. TO BE ON SAME DATUM AS
THE ORIGINAL DESIGN STORM WATER PLANS,
4, SURVEY INFORMATION BY OFE IS ON NGVD 29 VERTICAL DATUM
5. ALL SURVEY INFORMATION HORIZONTAL INFORMATION IS BASED ON MAP BOOK 36
PAGES 2841285E
6 ALL DISTANCES ARE GROUND WORQONTAL E N FEET UNLESS OTHERWISE NOTED
7. THE SURVEYOR: MAKES NO GUARANTEE THAT THE UTILITIES AND SITE FEATURES
SHOWN COMPRISE ALL UTILITIES AND SITE FEATURES N THE AREA E3TTHER N
SERVICE 012 ABANDONED. CAPE FEAR ENGINEERING, NQ FLRTI.02 DOES NOT
WARRANT THAT. THE UTILITIES AND SITE FEATURES SHOWN .ARE N THE EXACT
LOCATION INDICATED. CAPE FEAR ENGINEERING HAS NOT P4IYSYC. = LOCATED
THE UNDERGROUND UTILITIES.
L ALL CONSTRUCTION DEBRIS NOT WANTED BY THE OWNER SHALL BECOME THE
PROPERTY OF THE CONTRACTOR.
2 THE OONIVACT012 SHALL LOCATE UNDERGROUND UTILITIES AND COORDINATE
DEMOLITION AND / OR RELOCATION WORK ONCE LOCATED N THE FEUD POSITIVE
VE P90ATION BY POTHOLNG MAY BE REQUIRED. REPORT ANY CONFLICTS OR
DISCREPANCIES TO ENGINEER PAIEDIATELY.
3. CONTRACTOR SHALL MNMI7F IMPACT CF TEMPORARY STORAGE OF EXCAVATED
SOLS.
4. DIMENSIONS SHOWN ARE FOR G 19RAL REFERENCE. CONTRACTOR SHALL BE
12ESPONS19LE FOR REMOVAL OF ALL ITEMS, INCLUDING ALL EXCAVATED MATERIALS
NECESSARY TO COMPLETE WORK WITHIN THIS CONTRACT.
5. WHERE ASPHALT/CONCRETE DEMOLITION 6 REOLRED. CONTRACTOR SHALL USE A
SAW CUT AT THE LIMITS OF DEMOLITION OR NEAREST JOINT TO OBTAIN A CLEAN
VERTICAL EDGE.
6. DEMOLITION AND SLSSEOLBNT CONSTRUCTION OF STORNMA1N FACILITIES SHALL
BE PERFORMED N SUCH A MANNER THAT THE OLD PPE AND STRUCTURES ARE
REMOVED AND KEW STRUCTURES AND PIPING ARE IMMEDIATELY PUT INTO SERVICE.
CONTRACTOR SHALL ENS -RE THAT ST02KMA14 D06S NOT REMAIN CUT OF
SERVICE FOR LONGER THAN Mi-IOURS AT A TIME OONTRACTOR SHALL MAKE
NECESSARY PROVISIONS TO MAINTAIN PROPER STORM DRAINAGE D RNG
CONSTRUCTION.
7. DEDICATED DEMOLITION AND OTHER WASTE AREAS/EARTHEN MATERIAL
STOCKPILES MUST BE LOCATED AT LEAST 60FROM STORMDRAMS OR STREAMS
8, ALL PIPNG INDICATED FOR DEMOLITION TO BE REMOVED UNLESS NOTE FOR
ABANDONMENT.
STCS&MNAT92 AND GRADING NOTES:
L THE PROPOSED PROJECT WILL REQUIRE A PLAN REVISION CDR MODIFICATION TO
TI-E .EXISTING NCDBNR STATE STORMWATER PERMIT (SW8 9605181 NO WORK
SHALL BE PERFORMED UNTIL AFTER THE PERMIT MODIRCATION HAS BEEN
APPROVED.
2 CONTRACTOR SHALL COORDINATE WITH THE UTIUTY PROMDER3 FOR REQUIRED
UTILITY ADJUSTMENTS AND/OR RELOCATIONS.
3. ALL CUT OR FILL SLOPES SHALL BE 34 OR FLATTER I IN 5 OTHERWISE NOTED.
4. DURING CONSTRUCTION, CONTRACTOR SHALL PE 2FO12M GRADING N A MANNER
AND SEQUENCE THAT WILL PROVIDE PROPER MANAGE AT ALL TIMED.
5, UPON THE COMPLETION OF CONSTRUCTION AND SITE STABL17AMM ALL
PROPOSED AND EXISTN6 PIPES SHALL BE CLEAN OUT TO REMOVE ALL
ACCUMULATED SLT AND DEBRIS,
6, UPON THE COMPLETION OF CONSTRUCTION AND SITE STABILIZATION ALL
ACCUMULATED SEDIME NIT SHALL BE REMOVED FROM THE PROPOSED
STORMWATER POND, TO DESIGN DEPTI L
7. CONTRACTOR SHALL ASSURE POSITIVE DRAINAGE AWAY FROM BUILDINGS FCR
ALL NATURAL AND PAVED AREAS.
A UNLESS OTHERWISE NOTED: ALL STORMDRAN MATE38ALS, CONSTRUCTION AND
WORK MANS P.SHALL CONFORM TO NCDOT STANDARDS AND SPECIFlCATIONS
9. THE PROPOSED DESIGN M.UDES MULTIPLE FABRICATED CMP ELEMENTS
14CLU M FLANGED PPE CONNECTIONS TO EXISTING BRICK HEADWALLS. HEADER
PIPES W/ PPE OM92FLOW RISEXRS, BEVELED PPE ENDS, ETC. THE DESIGN OF
THESE ITBM6 ARE SHOWN FOR GENIE2AL REFERENCE AND SCHEMATIC
REPRESENTATION ONLY. CONTRACTOR SHALL EVE RESPONSIBLE FOR ENGAGING
CONTECFH TO PREPARE DETAILED SHOP DRAWINGS, DETAILS AND
SPEC69CA.TIONS FOR THESE ITEMS CONTRACTOR SHALL SUBMIT SHOP
DRAWINGS TO ENGINEER FOR APPROVAL BEFORE ORDERING.
10. CONTRACTOR SHALL CONTACT ENS A MNIMUAI OF FIVE BJSNESSS DAYS
PRIOR TO INSTALLING ANY NEW PIES AND/OR STRUCTURES SO THAT ENGPEER
CAN APPROPRIATELY SCHEDULE INSPECTIONS.
CCRRLIGATED AUAANLA4 Pm
L LBNLESS NOTED OTW=QWI E, ALL PIPE SHALL CORRUGATED
ALUMINUM PPE (16 GAUGED BY CONTECH OR ENGINEER APPROVED
EQUAL.
2 THE ALLNMNUM COILS SHALL CONFORM TO THE APPLICABLE
RElsl-BREMBNTTS OF AASHTO M 197 CR ASTM B 744
3. ALL PIPE CAPS SHALL BE MANUJFACTURED N ACCORDANCE WITH
APPUCABLE REOU12EIVIE NTS OF AASHTO M 196 OR ASTM B 745.
4, ALL HANDLING AND ASSEMBLY SHALL BE N ACCORDANCE WITH THE
MANUFACTURER'S RECOMMENDATIONS.
5. INSTALLATION SHALL BE N ACCORDANCE WITH AASHITO STANDARD
SPECIFICATIONS FOR HIGHWAY BRIDGES;. SECTION 26. DIVISION I OR
ASTM B 788.
6. CONSTRUCTION LOADS MAY BE HIGHER THAT FINAL DESIGN LOADS,
CONTRACTOR SHALL FOLLOW THE MANUFACTURERS GUIDELINES.
EROSION
L CONT12ACTCR SHALL COMPLY WITH CURRENT NO DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES (NCDENR) 'EROSION AND
SE!OiME5', 1' CONTROL PLANNING AND DESIGN MANUAL' FOR ALL
EROSION CONTROL WORK
2 IF UNFORESEEN EROSIVE CONDITIONS DEVELOP DL121NG
CONLSTRUCTION AS TINE RESULT OF INCREASED RUNOFF OR
SEDIMENT DISPLACEMENT, THE CONTRACTOR SHALL TAKE ACTION
TO REMEDY SUCH CONDITIONS AND PREVENT DAMAGE TO
ADJACENT P121,DPERTIES.
3. EROSION AND SEDIMEW CONTROL MEASURES SHALL BE MANTANED
CONTINUOUSLY, RELOCATED WHEN NECESSARY, AND SHALL BE
OI-ECI�EO FOR STABILITY AND PROPER FUNCTIONING AFTER EVERY
RAINFALL EVENT.
AEQLLBJCE OF LAND D SM REIANKE
L PRECONSTRIJCTION COWE2ENCE TO BE WELD PRIOR TO THE BEGPNNIG OF WORK
2 DETERIAI E AND MARK LIMITS OF DISTURBANCE_
3 TOP SOL REMOVAL AND STORAGE ALL ROOTS, STUMPS, OR OTHER DEBRIS
SHALL BE REMOVED FROM TOP SOL PRIOR TO STOCHCPLNG
A INSTALL STORMDRAN AND N-ET/CUTLET PROTECTION
S. BRING SITE TO FINAL GRADE SPREAD STOCKPILED TOPSOIL OVER OSTU2BED
6. INSPECT AND MAINTAIN ALL EROSION CONTROL DEVICES EVERY 7 DAYS AND
AFTE12 EACH SIGNFiCANT RAINFALL EVENT (05' OR GREATER).
7. PLACE TEMPORARY SEEDING, INCLUDING MJ.CJ-WIG AMID CRIMPING, ON ALL
PERIMETER SWALSS AND ALL AREAS WITH SLOPES GREATER THAN 39 THAT ARE
TO BE LEFT IDLE FOR MORE THAN 7 DAYS. PLACE TEMPORARY SEEDING,
NCl1JDNG MLLCFNG AND CRIMPNG, ON ALL OTHE12 DSTLRSED AREAS THAT ARE
TO BE LEFT IDLE FOR M1CRE THAN 14 DAYS.
& PERMANENT GRASS SHALL BE NSTALLEO FOR ALL AREAS AT FINAL GRADE AND
N NMASONL FMTLM=- WATER AND REPLACE AS REO_RED TO ESTABLISH A
VIGOROUS STAND OF GRASS. TEMPORARY IRRIGATION MAY BE REQUIRED LNTL
GRASS 15 FULLY ESTABLISHED.
9. CONTRACTOR SHALL MAINTAIN GRASS AS REQUIRED. THIS INCLUDES BUT 6 NOT
LAMED TO RRIGATNG AND MOWING GRASS AND 2E-SEEDING / RESCOOWG BARE
OR EQODED AREAS
10, AFTER COMPLETION OF CONSTRUCTION AND THE SITE IS STABILIZED, REMOVE ALL
ACCLML.LATED SEDIMENT FROM SILT FENCE AND OTHER EROSION CONTROL
MEASURES AND SPREAD EVENLY ACROSS THE SIRE GRASS THESE AREAS
NI MIEDIATE LY AND REMOVE ALL EROSION CONTRITE MEASURES,
IL F SEDIMENT CAN NOT BE SPREAD EVENLY ACROSS THE STTE BECAUSE THE SITE
HAS ALREADY BEEN STAB OW / VEGETATED, CONTRACTOR SHALL BE
RESPONSIBLE FOR TRANSPORTNG SEDIMENT OFFSTTE AND DISPOSING OF
SEDIMENT N ACCORDANCE WITH ALL LOCAL STATE, AND FEDERAL REG.LATICNS
BOO
ABBREVIATIONS
BACK OF CURB
EXISTING LEGEND
C
CURB N.ET
PROJECT BOUNDARY
CIMP
CORRUGATED METAL PPE
RIGHT-OF-WAY
- -
00
CLPANO rr
CON_
CONCRETE
ROAD CENTERI.NE
E(
EXSTNG
ROADWAY
FES
FLARED END SECTION
FFE
FINISHED FLOOR EF1/ATION
STORM NJ=T
..
HOPE
HIGH DENSITY POLYETIHYLENE
STORM PPE
E -
INVERT ELEVATION
CONTOURS
--.-19---
LF
LINEAR FEET
MIN
MNMUM
O/S
OFFSET
PCF3
POINT OF BEGNNNG
POO
PONT OF CONNECTICN
RIM
RIM ELEVATION OF STRUCTURE
PROPOSED LEGEND
SSMH
SANITARY SEWER MAN HCLE
TYP
TYPICAL
STORM PPE
WL
WATERLINE
WM
WATER METER
RP RAP APRON
DS
DOWNSPOUT
CONTOURS
FO
CAN
FSaEl2 OPTIC
CABLE TV
DITCH MAINTENANCE
SEE GENERAL NOTES ON THIS SHEET,
FWAL DE M
NOT FOR CONSTRUCTION
C
FINAL DESIGN ISSUED FOR
MTH
CONTRACTOR BIDS
1 15 6
B
REVISED 35% CONCEPT DESIGN
MTH
PER CLIENT COMMENTS
8 8 5
A
35% CONCEPT DESIGN ISSUED
MTH
TO CLIENT FOR REVIEW
77FM5
RE
DESCRIPTION
REV.BY
DATE
REVISIONS
......... -
�
C"E FEAR
ENGINEERING
151 Poole Rd..Buim 10D'.SeMLe, NC.2S451
TEL [phone]E FAX (910) 3W1045
www.capebarengneednp aom
N.C. LICENSE A 61821
PRlll= 27RH-04 .
NUMBER.
SCALE : AS NM
DATE :
7RACMN6:
BEACf-iWApL�K< AT
6. ICLJ�.E BEACH, NC
GERNERAL(VOTES
AND LEGEND
275-64 H

MULCHING .MATERIALS AND APPLICATION RATES
MATERIAL RATE PER AoR4 wxrrYI NOTES
STRAW 1-2 ton. I Dry, ul*PPed. s �I�°'n maehlr &K
um adhered; avoid Meade. n.
PERMANENT SEEDING
GRASS TYPE
1000 S .
SEEDING
SUMDA aMM
1-2 ISS.
APR. I MN SAKE
m Lest 10-10-10
MANN - APRL
ee 12 L. 10-10-10
FM/1 4-6 ME9w
1-2 18s L
NJG - OFT.
12 Les I -.
DNLL)
6-7 Iffi
SEPT. TMaD
!�11L =LT.
%LBB10-10-10
/i8- Wltll
tx IAlo-to-ta
tWaDG
10 1 UL M.
SM. - a0f.
12 Les 10-/o-1D
mtlCEA
1J'SPmE7A (
1-$ 11N..
Al1RtF1 7NRU APR.
23 Le4. 10-10-t0
FEB. - MWW
1/2 70 / 1& N.
IU
A
NEW STABILIZATION TIMEFRAMES
—SITE AREA DESCRIPTION
STABILIZATION -
71MEFRAME EXCEPTIONS
POWMER DIGS SRMA MOM AND S AM
7 DAN
NDE
Hm Gum= RATER o" ZONE
7 DAYS
NONE
SILPES SIEOMR 1HM 3.1
7 DAYS
F UOM ARE 1W OR EESS N INNODI AND ARE
MOT 91Et4EA 71UN 21. 14 DAMS ARE ALLOYED
YDPES 81 OR FUTFR
14 MYS
7FM E1Nt e10PS O "10 THAN a0' INALL
OMOtREAS AAREI SLCM RATER 1 M !1
t4 DAYS
NDF EN�ATF1)I1 PEAYESNS AND HON ZONES
VEGETATION SCHEDULE
NOT TO SCALE
D.- PIPE DIA
L. = APRON LENGTH
W = APRON WIDTH
3 X PIPE DIA MIN.
d = APRON DEPTH
1 <i..-
.,�/s
1/�4/:i:/!f_41*1�i�
1 r�
,�r.,�/..;fie
CM;�=ia�/.��ia
„N'�' �
'i:' is i•"
.j
PLAN
LD
SLOPE D X FLOW
NOTES: _ v
1. Lo IS THE LENGTH OF THE RIPRAP FILTER FABRIC
APRON.
2. d = 1.5 TIMES THE MAXIMUM STONE SCALE 1%4"-7'-0"
DIAMETER BUT NOT LESS THAN 6". SECTION A —A
3. A FILTER BLANKET OR FILTER FABRIC
SHOULD BE INSTALLED BETWEEN THE
RIPRAP AND SOIL FOUNDATION.
RIP RAP APRON
NOT TD SCALE
SLOPE
TO P01
fa
TO POND
TOP OF BANK NEW
DRAINAGE SWALE _
�- TOP OF BANK NEW
DRAINAGE SWALE
FINE GRADE TO PROVIDE
POSITIVE DRAINAGE TO
NEW LOT LINE SWALE
AND INSTALL RIPRAP
APRON
BACKFILL
NEW (2) 30` CWP
...
PIPE BEDDING
COMPACTED S
SECTION VIEW
I NEW 30" CMP
:1 + *+q-1=F
NEW
PLAN VIEW
EXIST. BRICK
HEADWALL
r
I I
I I
1 I
111'!Il11IIII;�`
111 I ate; 3s� CMP
I f I14-H EXIST. IE ±1&85
WATERTIGHT FABRICATED CONNECTION
TO EXISTING BRICK HEADWALL.
(BY OONTECH)
MATCH INVERTS.
u! nn1n1!+iI
111 I 3CMP EXIST. fi J
nl nuunlll�
rnpnullll(:I;
11111�ST136 CMP
I1111„,I•,
Iflllllliilllll
1
I
I
I
I EXIST. BRICK
HEADWALL
I
I
I
1
I
I
I
ENLARGED SEGMENT_ D2 _
NOT TO SCALE . _ _ ....
3O'
EASEMI
PROVIDE PERMANENT
VEGETATION ON ALL
>T SLOPES
REMOVE
ACCUMULATED
SEDIMENT
NOjE, IT IS EXPECTED THAT ONLY
MINIMAL DITCH MAINTENANCE IS
NEEDED TO REMOVE ACCUMULATED
SEDIMENT, FIX EROSION AND
PROVIDE POSITIVE DRAINAGE.
9DrraM
TYPICAL SECTION (SEGMENT DI) .
NOT TO SCALE
EXIST. CONC.
ROADWAY
DRAINAGE FLUME
FILL ERODED AREAS
AND RESHAPE DITCH
TO RESTORE DESIGN
SECTION (TYPICAL).
N
SEE GENERAL NOTES AND LEGEND ON
SHEET 1-1.
FINAL DESIGN
NOT FOR CONSTRUCTION
C
FINAL DESIGN ISSUED FOR
MTH
CONTRACTOR BIDS
1 5 18
g
REVISED 35X CONCEPT DE ON
MTH
PER CLIENT OOMMiNTS
B 8 5
A
35x CONCEPT DESIGN ISSUED
MTN
TO CLIENT FOR RENEW
7 1 5
REV.
DESCRIPTION
REV.BY
DATE
REVISIONS
=�1L
0 S i
CAPE FEAR
ENGINEERING
151 Poole Rd..3LRe 100; Selvllle, NC. 28451
TEL [phone]; FAX [phone]
www.®pefearenglnee ft.D
N.C. LICENSE R G4621
PROJECT 27s--64
NUEBER
SCALE : AS NOTED
DATE t
7AAOONG
BEACHWALK AT
KtRE BEAC 4P NC
STORMWATM DETA.S
L J
PAaRer,nA,eFR 1eeEN RAMEn
275-64 D-1

LOT 72
LOT 71
LOT 70
LOT 69
I _ -
T-- - ✓� _-- -1'-
EXIS?iNG y
:OUSE
—
—I �- �- zY,IS71tiG
I f--VJ3uD _ -.-.._fir I-r-i------� T I HOUSE
PECK NG I kxIS
EY!S?ITIdG i
HOUSE HOUSE -J
i
--ram OOD--•z,__, � PATIO
WOOD PATIO ,
DECK
-------------------
I-r 1 1 1 1 rrio
OF
r*I
li PQND 1=kI
Ir i r•;. I I i r r+r I
BO7[rOMOF61 E -ELF
I r r r r r l r l r N1ola14aPC OL
AIII AS
ITo
I
` RP -RAP LINED OUTLET
-
Y SWALE OW DETAU
75,\lr
Y \
0
20 0 20 40
1 INCH -20 FEET
($�E'TALS TICS 349WO
r
RIP -RAP APRON AT
r
( POND OUTLET SWALE
0
— ---- ne
ENLARGED. POND #1 PLAN
I'=20.
LI
THE VESeTATED SELF SUiL BE RANTED WTH A WMN OF THREE
MP MWETLANDSPECIES. A MNKIM OF 50 RANTS PHi 200 SF OF
SW AR6t BULL BE PROMM RUMS BCLLD GENERALLY B3 MANTIS)
M TO 36 ON CUM AND BCLLD YEW KILL COMAGE N HI YEA.M
THE Faimm BRS$ OF WL4PC9 VVGETATCN ARE BITABLE POR
RANTNS ALONG TIE CR VEGETATED 843A
RANTS SITED PM 98F TEATS LNOEMAIM
SAHTTARIA LANCFpIA OU TOML6
• SA07AM LATR4JA G= POTATO
• EALLJ=OSWA.6 67AWTAU
RARS 8110 PGF SW TEATS ABOVE KATSR
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NAY SE 9 ESWJM SE! CH 9 OF STATE STOM4ATE! SNP MANI L FOR LIST
OP ODEi RmOM,@CEl VETLANDS RANTR
VEGETATED SHELF REQUIREMENTS
NOT TO SCALE
TOP OF EMBANKMENT = t22.5'
DISCHARGE VIA. SEGMENT "D3_" NORMAL WSEL =
WOE
&1 SHELF
EMBANKMENT SECTION (POND #1)
NOT TO SCALE
TOP OF BANK
PROVIDE PERMANENT
VEGETATION ON ALL
DISTURBED AREAS
6' VEGETATED
SHELF
PROVIDE WETLANDS
VEGETATION AS REQUIRED
(SEE NOTES ABOVE)
— TOP OF SHELF = 19.1'
- NORMAL POOL = 18.1'
CONSTRUCT 6:1 VEGETATED
SHELF ALONG ENTIRE
5� PERIMETER OF POND
EXISTING POND BOTTOM - VARIES r "�—FILL EXISTING POND AS
T� REQUIRED TO REPAIR ERODED
AREAS AND PROVIDE 3:1
SLOPES.
EXCAVATE POND TO DESIGN
BOTTOM ELEVATION APPROXIMATE EXISTING GRADE
D IG B - 0'
PROPOSED GRADE
NOTES:
1. THE ABOVE SECTION IS INTENDED TO PROVIDE A SCHEMATIC REPRESENTATION OF POND REPAIR
WORK REQUIRED. SPECIFIC SCOPE OF WORK REQUIRED WILL VARY FROM LOCATION TO LOCATION.
TYPICAL, POND REPAIR SECTION
NOT TO SCALE
El
MnWJMEM
SEE GENERAL NOTES AND LEGEND ON
SHEET 1-1.
C
FINAL DESIGN ISSUED FOR -
CONTRACTOR BIDS
MTN
1 5 6
8
REVISED 35% CONCEPT D.ESWN
CLIENT COMMENTS
MTH
B B S
35% CONCEPT DESIGN ISSUED
TO CLIENT FOR REVIEW
MTH
EREV.PER
DESCRIPTION
REV.BYDATE
REVISIONS
{o:
S.:AI_
CAPE -F' 1R
ENGINEERING
161 Poole Rd..SOile 100; BeMlle. NC. 291461
TEL [phone]D44; FAX [phone]
www.eepereerengIr rIrg.00m
N.C. LICENSES C•1621
PST 279-84
1A116QL
SCALE : 1w-90T
DATE
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BEACHWALK AT
INRE B+EACHR NC
POND A DUALS
IL
PRR.ECf NYI®1 SEET eWBeY
275-64 P-1

PROTECT 9OlMARr
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— E>asnwc OR U A 214 I �L [sa I VCOETATiON 1 xc rsc iNJUSE
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LOT oRA++ACE 43 LOT 44 f
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LOT 42 LOT 41 LOT40 LOT 39 Ij LOT 36 LOT 37 LOT 36
I kI LOT 35 LOT 34 L07 33 I
3 � I
�PROXCT 8 DARY
J
40 o ao Bo
Y 1 INCH =40 FEET
OQ.
M
SEE GENERAL NOTES AND LEGEND ON
SHEET 1-1.
RNAL DESIGN
NOT FOR CONSTRUCTION
C
FINAL DESIGN ISSUED FOR
MTH
CONTRACTOR BIDS
7 5 B
B
REUSED 35% CONCEPT DESIGN
MTH
PER CLIENT COMMENTS
8 8 5
A
35% CONCEPT DESIGN ISSUED
MTH
TO CLIENT FOR REMEW
7 1 5
REV.
DFSCRIkON
RE SY
.
REVISIONS
CAFE FEAR
ENGINEERING
151 Poole Rd,SURe 10U; BelvOle, INC. 2$0161
TEL [phone]; FAX [phone]
Wwwx8poure119imeri 19.00 fl
N.C. LICENSE S C-1921
PROTECT ,n5-64
NUMBER
SCALE : V-40'
DATE :
TRALIONG
BEAC -WALK AT -
KURE BECK NC
STORMWATER PLAN - �
R10[LI NA1C#11 QQ/f�elP.Ol11
275-64 C-1

STATE OF NORTH[ CAROL INA.
Department of Fuvh=cntal and. Na'turel. ResoTirces
127 Cardin l Drive Fsxtemsian
Wilmington, North Carolina 2 840 5
[phone]
FIU ACCESS RECO
SECTION
TEYWATE ~ pill
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RETMENTINQ
Guidelines for Access: The, staff of Wilmington Regional Office is dedicated to making public records m,
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COPIES MADE PAID , INVOICE
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Time Out

Pusey, Steven
From: Bill Bryan <billbryan1946Qgmail.com>
Sent: Wednesday, September 23, 2015 4:55 PM
To: Pusey, Steven
Cc: 'HOA-Thomas Moffitt; 'HOA-Jim Craig'; 'HOA-Dan Church; 'Matt Haley; HOA-Gary Stickley;
HOA-Pat Brennan; 'David Heglar'; 'Dean Lambeth'
Subject: Beachwalk HOA Update
Dear Mr. Pusey,
Beachwalk is making progress, but we have not yet been able to finalize our engineering plans for submission
to you for your review. The Town owns the drain pipe, and it is installed on property in Beachwalk over which
the Town has an easement. We met with Kure Beach town officials earlier this month to address the issue of
relocating the drain pipe to correct the bypassed runoff, and they acknowledged that relocation of the pipe was
the Town's responsibility. Beachwalk cannot complete its engineering plan and finalize its application without
the Town's cooperation.
Fortunately, the Town has been cooperative and agreed to hire an engineer to prepare plans to relocate the pipe.
The Town told us that its engineer would contact our engineer, Cape Fear Engineering, so that this final piece of
the engineering plan could be completed. However, the Town has been slow to follow up, and we cannot move
forward until the Town acts. We anticipate that this will happen very soon, and we would like to begin the
maintenance work on our stormwater management system as soon as possible.
We will keep you informed as developments occur. Please be patient with us since we did not become aware of
the problem until recently, and we cannot control how quickly the Town will provide what we need to bring our
engineering plans to completion so that Beachwalk can submit its application to you. In the meantime, we will
work diligently with the Town to speed the process along.
Best Regards,
UAO
Bill Bryan PE
126 Settlers Lane
Kure Beach, NC 28449
[phone]
From: Pusey, Steven [mailto:[e-mail]]
Sent: Tuesday, September 22, 2015 3:07 PM
To: Bill Bryan <[e-mail]>
Cc: HOA Thomas Moffitt <[e-mail]>; HOA Jim Craig <[e-mail]>; HOA-Dan Church
<[e-mail]>;'Matt Haley' <[e-mail]>
Subject: RE: Beachwalk HOA Meeting with You
Mr. Bryan,

I just wanted to check with you to see if you are going to submit an application to modify the permit or revise
the plans to correct the bypassed runoff. Are you still working with Cape Fear Engineering on a plan to
capture the bypassed runoff and send it to the pond or other treatment device?
Steve
cs'teve-K Q.-PMA'_F
Environmental Engineer
Land Quality Section / Stormwater
Wilmington Regional Office
NC DEQ, Division of Energy, Mineral and Land Resources
127 Cardinal Drive En
Wilmington, NC 28405
Phone: [phone]
Fax: [phone]
Website: www.ncdenr.gov
E-Mail: [e-mail]
Before printing this email, please consider your budget and the environment
Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third
parties unless the content is exempt by statute or other regulation.
From: Bill Bryan[mailto:[e-mail]]
Sent: Sunday, August 23, 2015 6:12 PM
4o: Pusey, Steven <[e-mail]>
Cc: HOA Thomas Moffitt <tmoffitt910@ charter. net>; HOA Jim Craig <[e-mail]>; HOA-Dan Church
<[e-mail]>;'Matt Haley' <[e-mail]>
Subject: Beachwalk HOA Meeting with You
Dear Steve,
Beachwalk HOA (Kure Beach, NC) has resolved our internal debate on how we should interpret the language of
the NCDENR. regulations. We will not be needing to meet with you at this time, but may at a later date. Thank
you for your time.
Best Regards,
Bill Bryan PE
126 Settlers Lane
Kure Beach, NC 28449
[phone]

Pusey, Steven
From: Matt Haley <[e-mail]>
Sent: Tuesday, August 11, 2015 4:18 PM
To: Pusey, Steven
Subject: Beachwalk Subdivision - Kure Beach
Attachments: 275-64 BEACHWALK - STORM REDESIGN C1.pdf; Aerial.pdf; Street View. pdf
Steve,
As we discussed earlier we would like for your to review the drainage system installed by Kure Beach in front of lots 56
which runs between lots 56 & 57 and discharges into the existing drainage swale downstream of Pond #2. Attached is a
plan showing the approximate location of the drainage as well as an aerial view and street view. It is our understanding
that this drainage was previously installed by Kure Beach to correct a drainage issue in the roadway. We want to
determine what if any compliance issues exist as a result of this added drainage and if any compliance issues do exist
what it the best way to address. Please review the attached documents against the existing permit file and let us know
what you think. We look forward to meeting on Thursday 8/13 at 9:30.
Thanks,
Matthew T. Haley - PE, LEED Green Associate
CAPE FEAR
ENGINEERING
matt. halev(cDcagefearenaineerina. com
0: 910.383.1044 ext. 136
F: 910.383.1045

Pusey, Steven
From: Bill Bryan <[e-mail]>
Sent: Thursday, May 28, 2015 2:09 PM
To: Pusey, Steven
Cc: HOA-Pat Brennan; HOA-Thomas Moffitt; HOA-Gary Stickley; HOA-Joe Truelove; HOA-Dan
Church; HOA-Jim Craig; [e-mail]
Subject: Beachwalk HOA
Dear Steve,
My name is Bill Bryan and I am on the Board of Directors (Secretary) for Beachwalk HOA in Kure Beach, NC,
Tom Moffitt referred me to you and asked that I touch base with you, bringing you up to speed on our timeline
for completion of the engineering phase. Also, we have replaced Larry Sneeden with Cape Fear Engineering as
our engineering vendor. I believe you know them, and their engineering manager, Mr. Matt Haley PE.
After talking with Matt today, it appears the final design of the engineering phase will be complete mid -to -late
June (our schedule has slipped due to their workload and prioritization). After that time, CFE will submit our
application for a plan revision to you for approval. Beachwalk is expediting every action within our power to
facilitate the early completion of this project.
Please delete Larry Sneeden from our project and copy me on future correspondences to Beachwalk and CFE. I
thank you for your time and efforts.
Best Regards,
Bill Bryan PE
126 Settlers Lane
Kure Beach, NC 28449
[phone]

Pusey, Steven
From: Pusey, Steven
Sent: Wednesday, May 27, 2015 4:33 PM
To: 'Thomas Moffitt'; Pusey, Steven
Cc: Larry Sneeden; Pat Brennan - Charter
Subject: RE: Beachwalk Stormwater Permit SW8 960518
Thomas,
Sorry I haven't been able to respond before now. I was checking up on the status of this project and came across this
email. Since this is a high density permit, you are allowed to pipe the swales in between ponds. However, I believe the
swales were designed to hold some of the volume of stormwater. In a redesign, the engineer will need to make sure
there is enough volume in the stormwater system to handle the design storm.
Can you give me an approximate date when the Plan Revision request will be submitted?
Thanks,
Steve Pusey � 0 _ y (. 5 .�e1 ✓�1 f . ��9 h �[�SG� . �,,il � �S .G'�t,L►a�
DEMLR
�- • L' Mtii� . �2Pr� rsS9��j ie_[ o c r
From: Thomas Moffitt[mailto:[e-mail]]
Sent: Tuesday, February 17, 2015 5:12 PM
To: Pusey, Steven
Cc: Larry Sneeden; Pat Brennan - Charter
Subject: Beachwalk Stormwater Permit SW8 960518
This e-mail follows up on the e-mail sent to you on 2/13/15 by Pat Brennan, Beachwalk
Homeowners Association (HOA) President. In her e-mail, she requested a meeting with
you, our HOA Board of Directors and Larry Sneeden, the HOA's professional engineer.
The Board met with Larry yesterday, and he has answered the questions we had. I am
sending this e-mail as the Board's representative to tell you that we no longer believe
that such an in -person meeting with you will be necessary.
The Board is diligently working on plans to address erosion issues in response to your
inspection of the Beachwalk stormwater system last year. As noted in Larry's work plan,
submitted to you on 6/30/14 and accepted on 7/10/14, the Beachwalk HOA was
considering making a request to use an optional "pipe and Swale" design on some or all
of the inlet, outlet, and connecting open channels in our stormwater system to address
maintenance issues. The Board has completed its due diligence examination of this
approach and has concluded that such a design will address our problems without
making any fundamental or significant changes to the operation of our stormwater
system and will have the added benefit of making it easier to maintain the system in the
future. It is the Board's understanding that DENR would accept such a design as a plan
revision, rather than a permit modification, if a request for such a revision is submitted.
This is a matter of concern for the Board because we are eager to get started on the
construction work as soon as possible this spring.
i

With this in mind, the Board will be asking Larry to submit a plan revision request to you
in the near future. We hope that such a design will be quickly approved by DENR so that
we can move forward as soon as possible. Please let us know if we can do anything to
assist in expediting this matter.
-Tom Moffitt, Beachwalk Board of Directors
z

STATE OF NORTH CAROLINA
Department of Environmental and Natural Resources
127 Cardinal Drive Extension
Wilmington, North Carolina 28405
[phone]
ME ACCESS RECORD
SECUUN r m ra ua
TRYMDATE
NAME Cd z r'
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State of North Carolina
Department of the Secretary of State
SOSID: 0421184
Date Filed: 9/5/2014 9:48:00 AM
Elaine R Marshall
North Carolina Secretary of State
NONPROFIT CORPORATION'S STATEMENT OF CHANGE OF PRINCIPAL OFFICE
ntrs„ant to §55A-16-23(b) of tl'W General Statutes of North C=lh-tr, the undersigned nonprofit corporation dGes hereby submit the
following for the purpose of changing its principal office address currently on file with the Secretary of State.
I1111FORMATION CURRENTLY ON FILE
The name ofthe corporation is:_' M& I.)QJk 1 &a Q( ors Aisi i.Ai h t
The street address and county of the principal office of the corporation currently on file is:
Number and Street:
City, State, Zip Code: Count ._
The mailing address if different front the street address of the principal office currently on file is:
f -q p)easwr 16)
NEW INFORMATION
1. The street address and county of the new principal office of the corporation is:
Number and Street:
City, State, Zip Code:
2. The mailing address if different from the sfta address of the new principal office is:
This statement will be effective upon filing, unless a later date and/or time is specified:
This is the14 N-day of &20_.
County: &*--)_-/A A D I C-/
Name of rporat' n
YLLv
Signature
Type or Print Name and Title L4
a
NOTES:
I . Filing fee is $5. This statement and one exact or conformed copy of it must be filed with the Secretary of State.
Revised January 2000 Form N-12
CORPORATIONS DIVISION P. O. BOX 29622 RALEIGH, NC 27626-
0622

Pusey, Steven
From: Pusey, Steven
Sent: Thursday, July 10, 2014 2:27 PM
To: 'Larry Sneeden'
Cc: Jim Craig - Beachwalk; Pat Brennan; Thomas Moffitt
Subject: RE: work plan for DENR
We accept your plan of action on this project. Please let us know when you begin doing the repair work. It would be
good to schedule a site meeting while the work is being conducted in order to discuss any potential issues.
Thanks for your cooperation in this matter.
Regards,
Steve Pusey
DEMLR
From: Larry Sneeden[maiIto: Isneeden0coastalstormwater.com.]
Sent: Monday, June 30, 2014 4:54 PM
To: Pusey, Steven
Cc: Jim Craig - Beachwalk; Pat Brennan ; Thomas Moffitt
Subject: FW: work plan for DENR
Steve,
On behalf of the Beachwalk HOA, permittee for Permit # SW8 960518,1 am submitting the following plan of action to
address erosion issues at their facility. I believe this plan Is in conformance with our previous discussions about areas of
concern and a timetable for repairing the slopes:
1. Toe of Slope Stabilization at Two Ponds: The HOA will stabilize the toe of slope by using sediment from the sediment
storage zone in the ponds to reconstruct the slopes and shelf to comply as closely as practicable to the original pond
design. Slopes on the pond banks will be a maximum of 3:1. Slopes below normal pool level may be flatter than 3:1 to
account for the very fine sands and a tendency to slough at a steeper slope. The vegetated shelf will be planted with
appropriate wetland plants. The work will be done in conformance with the existing permit as routine maintenance and
it is understood that no permit modifications or certifications will be required. This work will most likely be done during
late fall 2014 or winter 2015 and be completed by May 1st, 2015. Establishment of the vegetated shelf will be an on-
going effort.
2. Toe of Slope Stabilization at Influent Ditch: Wattles were placed along the toe this spring and permanent stabilization
will be included in the work in Item #1, under the same timetable.
3.Optional Piping or Improvements: As previously discussed and agreed, Beachwalk may request a plan revision to pipe
or otherwise modify some or all of the inlet, outlet, and connecting open channels. The timing and scope of this work is
being considered by the HOA but is not an existing permit compliance issue.
We greatly appreciate your cooperation and input and look forward to approval of the work plan and moving ahead with
the improvements.
Larry Sneeden
C. Lawrence Sneeden, Jr. PE

Pusey, Steven
From: Larry Sneeden<[e-mail]>
Sent: Monday, June 30, 2014 4:54 PM
To: Pusey, Steven
Cc: Jim Craig - Beachwalk; Pat Brennan, Thomas Moffitt
Subject: FW: work plan for DENR
Steve,
On behalf of the Beachwalk HOA, permittee for Permit # SW8 960518, 1 am submitting the following plan of action to
address erosion issues at their facility. I believe this plan is in conformance with our previous discussions about areas of
concern and a timetable for repairing the slopes:
1. Toe of Slope Stabilization at Two Ponds: The HOA will stabilize the toe of slope by using sediment from the sediment
storage zone in the ponds to reconstruct the slopes and shelf to comply as closely as practicable to the original pond
design. Slopes on the pond banks will be a maximum of 3:1. Slopes below normal pool level may be flatter than 3:1 to
account for the very fine sands and a tendency to slough at a steeper slope. The vegetated shelf will be planted with
appropriate wetland plants. The work will be done in conformance with the existing permit as routine maintenance and
it is understood that no permit modifications or certifications will be required. This work will most likely be done during
late fall 2014 or winter 2015 and be completed by May 1st, 2015. Establishment of the vegetated shelf will be an on-
going effort.
2. Toe of Slope Stabilization at Influent Ditch: Wattles were placed along the toe this spring and permanent stabilization
will be included in the work in Item #1, under the same timetable.
3.Optional Piping or Improvements: As previously discussed and agreed, Beachwalk may request a plan revision to pipe
or otherwise modify some or all of the inlet, outlet, and connecting open channels. The timing and scope of this work is
being considered by the HOA but is not an existing permit compliance issue.
We greatly appreciate your cooperation and input and look forward to approval of the work plan and moving ahead with
the improvements.
Larry Sneeden
C. Lawrence Sneeden, Jr. PE
Coastal Stormwater Services, Inc.
6217 Head Road
Wilmington, NC 28409
[phone]

Casmer, J@
From: Casmer, Jo
Sent: Monday, June 09, 2014 3:21 PM
To: 'Justin M. Lewis - 4880'
Subject: RE: Permits
Of the 3, only one has an expiration date — SW8 960518. It received the 4 year Session Law extension and, according to
our database, expires May 21, 2018.
fo Casmer
Administrative Assistant for DEMLR/Stormwater Section
NC Department of Environment & Natural Resources
Division of Environmental Assistance & Customer Service
127 Cardinal Drive Extension
Wilmington, NC 28405
Phone: [phone]
Fax: [phone]
Email cotrespondence to and from this address may be subject to the North Carolina Public Records Law and may be d/sdosed to third
patties
From: Justin M. Lewis - 4880 [
Sent: Monday, June 09, 201411:15 AM
To: Casmer, Jo
Subject: RE: Permits
Justin M. Lewis
Attomey
Ward and Smith, P.A.
127 Racine Drive I University Corporate Center (28403)
Post office Box 70681 Wilmington, NC 28408-7068
P: 910.794.48801 F: 910.794.48771 C: 919.414.8410
1
From: Casmer, Jo [
Sent: Thursday, June 05, 2014 5:06 PM
To: Justin M. Lewis - 4880
Subject: Permits
As requested.
jo Casmer
Administrative Assistant for DEM1.114Stormmeter Section

NC Department of Environment & Natural Resources
Division of Environmental Assistance & Customer Service
127 Cardinal Drive Extension
Wilmington, NC 28405
Phone: [phone]
Fax: [phone]
Email correspoiaLence to and from this address imy be subject to the Noith Carolina Public Records Law and may be disdosed to third
parties

Pusey, Steven
From: Pusey, Steven
Sent: Friday, March 28, 2014 11:44 AM
To: 'Lary Sneeden'
Cc: Pat Brennan ; Cindy Snead; Jim Craig - Beachwalk
Subject: RE: Beachwalk Subdivision Plan of Action SW8 960518
Larry,
In addition, I received a letter from homeowner, Dave Duffrin, who is concerned about legal issues pertaining to who will
be responsible for paying repair costs in the easements, the HOA or the homeowners. He stated that the board needs
more time to review documents, vote, and make corrections. Therefore, I am extending the time frame to submit the
long term plan of action to July 1, 2014. 1 hope this helps.
Regards,
Steve Pusey
DEMLR
From: Lang Sneeden[mailto:[e-mail]]
Sent: Thursday, March 27, 2014 4:59 PM
To: Pusey, Steven
Cc: Pat Brennan ; Cindy Snead; Jim Craig - Beachwalk
Subject: Beachwalk Subdivision Plan of Action SW8 960518
Steve,
On behalf of the Beachwalk Subdivision HOA, I propose the following Plan of Action to address erosion issues with the
subdivision's stormwater management ponds:
1. The HOA will line the eroded scarp at the toe of slope along both sides of the inlet canal on the north end of the
northern pond from the 5"' Street culverts to the pond with nominal 1r diameter coir wattles (about 240 LF).
This is the only location that appears to be subject to erosion due to flow velocity and scour in the channel. This
work will begin within 2 weeks of your approval of this plan and be complete within 30 days. Coir wattles may
be placed at other areas around each of the ponds and connecting canals to address localized erosion issues.
The coir wattles are considered a temporary fix with a life span of 6-24 months.
2. The HOA will prepare and submit for your approval a long-term plan of action by June V. 2014. This will not
necessarily be the detailed plans for corrective actions but will provide a more detailed scope of long-term
remedies and a schedule for completion of the work over the next several years. It will also provide a schedule
for submittal for any further documentation, plan revisions, or permit modifications if required. This plan will
address the erosion issues along the toe of slope of each pond and connecting canals. It may also address piping
of the connecting canals and the routine removal of sediment from the ponds.
This e-mail also confirms our conversation that the ponds were permitted for 90•/o TSS removal with no vegetated filter
required, and that piping of canals into, out of, and between the ponds would be approved via a plan revision rather
than permit modification.
Please contact me if you need additional information or clarification on the items above. The HOA is anxious to begin
installation of the wattles subject to your approval.
Larry Sneeden
C. Lawrence Sneeden, Jr. PE

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Pusey, Steven
From: Pusey, Steven
Sent: Thursday, March 13, 201410:55 AM
To: 'pbrennan1486Qcharter.net'
Cc:'[e-mail]'
Subject: Extended deadline for submitting plan of action
Beachwalk Subdivision
Kure Beach
Attention: Pat Brennan, HOA President
Pat,
I just wanted to confirm by this email that the deadline for the plan of action has been extended to March 31,
2014. Also, I have confirmed several technical issues with your engineer, Larry Sneeden.
Let me know if you need further information.
Regards,
Steve
Sterlexg.,Poser,
Environmental Engineer
NCDENR - Division of Energy, Mineral and Land Resources
127 Cardinal Drive Ext.
Wilmington, NC 28405
Ph [phone] / Fax [phone]
http://portal. ncdenr.ore/webA r/stormwater
Before printing this email, please consider your budget and the environment
E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties.

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Pusey, Steven
From:
Larry Sneeden<[e-mail]>
Sent:
Thursday, March 27, 2014 4:59 PM
To:
Pusey, Steven
Cc:
Pat Brennan; Cindy Snead; Jim Craig - Beachwalk
Subject:
Beachwalk Subdivision Plan of Action SW8 960518
Steve,
On behalf of the Beachwalk Subdivision HOA, I propose the following Plan of Action to address erosion issues with the
subdivision's stormwater management ponds:
1. The HOA will line the eroded scarp at the toe of slope along both sides of the inlet canal on the north end of the
northern pond from the 5th Street culverts to the pond with nominal 12" diameter coir wattles (about 240 LF).
This is the only location that appears to be subject to erosion due to flow velocity and scour in the channel. This
work will begin within 2 weeks of your approval of this plan and be complete within 30 days. Coir wattles may
be placed at other areas around each of the ponds and connecting canals to address localized erosion issues.
The coir wattles are considered a temporary fix with a life span of 6-24 months.
2. The HOA will prepare and submit for your approval a long-term plan of action by June 1st, 2014. This will not
necessarily be the detailed plans for corrective actions but will provide a more detailed scope of long-term
remedies and a schedule for completion of the work over the next several years. It will also provide a schedule
for submittal for any further documentation, plan revisions, or permit modifications if required. This plan will
address the erosion issues along the toe of slope of each pond and connecting canals. It may also address piping
of the connecting canals and the routine removal of sediment from the ponds.
This e-mail also confirms our conversation that the ponds were permitted for 90% TSS removal with no vegetated filter
required, and that piping of canals into, out of, and between the ponds would be approved via a plan revision rather
than permit modification.
Please contact me if you need additional information or clarification on the items above. The HOA is anxious to begin
installation of the wattles subject to your approval.
Larry Sneeden
C. Lawrence Sneeden, Jr. PE
Coastal Stormwater Services, Inc.
6217 Head Road
Wilmington, NC 28409
[phone]
From: Pat Brennan - Charter [mailto:[e-mail]]
Sent: Thursday, March 20, 2014 11:23 AM
To: Larry Sneeden
Cc: [e-mail]; 'Mike Gentile'; 'Joe Truelove AtKure'; 'Cindy Snead'; [e-mail]; 'Jim Craig';
[e-mail]
Subject: RE: Beachwalk Erosion Issues
Hi Larry - the Beachwalk Board, by majority vote, has approved your use of wattles as a temporary fix to erosion problems
identified in the recent DENR audit of our stormwater system. We approved use of the $6.50 wattle which will provide 6 -
12 months of protection.
We ask that you work with our Board as well as the Stormwater Committee to closely coordinate the development of a
long term plan that is to be submitted to DENR by June 1, 2014. Your point of contacts should be Jim Craig and me.

As we discussed Tuesday, Mike Gentile has resigned from the Stormwater Committee and Jim Craig has agreed to serve
as Committee Chairman going forward.
Communications between you and the Board are very important as we move forward; we appreciate your efforts to be our
representative with DENR.
Pat Brennan
pbren nan 1 486(cD-charter. net
From: Larry Sneeden fmailto:[e-mail]] m
Sent: Thursday, March 13, 2014 3:17 PM
To: Pat Brennan
Cc: thomasmoffittObellsouth.net; Mike Gentile; 'Joe Truelove AtKure'; Cindy Snead; Duffrin304(&gmail.com
Subject: Beachwalk Erosion Issues
Pat,
I think we have some good news as a result of the marathon meetings yesterday and telephone conversations today.
First, DEMLR has extended the deadline for the plan of action to the end of March. They have agreed that the pond is
permitted for 90% TSS removal so the outlet channel can be piped if desired. If we desire to pipe any or all of the
channels, approval will be via a plan revision instead of a permit modification. Also, they are open to phased repair of
the bank erosion with the first phase being the inlet channel into the big pond from the Fifth Street culverts. They are
open to us submitting the use of excelsior or coir wattles (long tubes) to be installed at the base of slope at the scarp to
reduce erosion. This initial effort would be followed up with a long range plan of action (not detailed plans) to be
submitted by June 15` for more extensive measures to be completed over the next two years. Steve seemed to be OK
with the wattles as a short-term fix.
The wattles will reduce wind and wave action at the toe of slope and discourage any wildlife such as geese, ducks,
catfish, and carp that may be feeding on plant roots. They can be carried by hand to the site and installed with wooden
stakes, so there is no heavy equipment or disturbance of the banks. Excelsior wattles will have life span of several
months and the coir wattles will last 6-12 months. This is a temporary fix but should satisfy the states' concerns in their
inspection letter. I recommend you repair both sides of the inlet channel from Fifth Street to the large pond (200') as
well as the outlet channel from the big pond to Shell Drive and the pond frontage of Lots 74 & 75 (350'). The cost will be
about $4.00/If for excelsior wattles and about $$6.50 for the coir wattles, which gives a project range of about $2000 to
$3600.
With your approval, I will email Steve Pusey and confirm those items in paragraph 1 above that he agreed to over the
phone and request their concurrence with the use of wattles for short-term erosion repair and the phased repair of the
banks over a two year period. If they concur via e-mail, i can prepare and submit on your behalf the requested work plan
outlining those same items as our action plan.
In our telephone conversation, I believe I was able to convince Steve that the erosion along the pond banks and
channels (with the exception of the inlet channel) was due to wave and wildlife action, not scour due to flow velocity. He
was therefore amenable to reduce the previously discussed three areas of concern to just the entrance channel. I
recommend that the HOA add the channe! and banks adjacent to Joe's house to the scope of work because those areas
seem to receive an accelerated rate of scour in relation to other properties. We can certainly add additional areas if
desired.

Please let me know how to proceed. I would like to keep pushing while the state is being amenable to our proposals.
Larry Sneeden
C. Lawrence Sneeden, Jr. PE
Coastal Stormwater Services, Inc.
6217 Head Road
Wilmington, NC 28409
[phone]
From: Cindy[mailto:cindyC&networkwilmington.com]
Sent: Thursday, March 13, 2014 1:27 PM
To: Larry Sneeden
Cc: thomasmoffittCabbellsouth.net
Subject: BW
Tom is having problem emailing you. Just making sure this is your correct address. Have cc Tom on this
email.
Cindy Snead
HOA Property Manager/Realtor/Broker Associate
Network Real Estate -Carolina Beach Office
Direct Line & Voice Mail: 910-798-3134
Office: 910-45 8-8881 /Fax: [phone]
Email: [e-mail]
Company Website: www.networkcarolinabeach.com

Pusey, Steven
From: Pat Brennan - Charter <pbronnan1486(Mcharter.net>
Sent: Thursday, March 27, 2014 4:20 PM
To: Pusey, Steven
Cc: 'Larry Sneeden;'Thomas Moffitt; 'Margaret & David'; 'Cindy Snead'
Subject: Letter from Dave Duffrin dated March 25. 2014
Hi Steve - Dave Duffrtn serves as one of the Beachwalk Board members along with Tom Moffitt and myself. Dave has
written you a letter dated 3/25114 requesting an extension to 7/1/14 for a response to your recent audit of the Beachwalk
stormwater system. This request is that of a homeowner and is not a request from the Board. The Board will continue to
work with Lary Sneeden to satisfy remedies per your discussions with Lary.
Please feel free to contact me at 704-996-7224 if you have any further questions. Thank you for working with Beachwalk.
Pat
Pat Brennan
1?brennanl4860—charter.net I
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� y

304 Settlers Ln
Kure Beach, NC 28449
March 25, 2014
Mr. Steven Pusey
Division of Energy, Mineral and Land Resources
127 Cardinal Drive Ext.
Wilmington, NC 28405
Dear Mr. Pusey:
As a homeowner in Beachwalk, I have a question (request) for you.
It was a pleasure meeting with you last week, and I appreciate the time and effort you are taking to help
us through our issues.
The current time line for repairing the erosion issues on the lots identified by you presents Beachwalk
with an internal problem regarding funding. We are currently under governing documents that,
according to the HOA attorney, place the cost of repair on the homeowner. There are new documents
that place the cost of repair on the HOA. The new documents are already written, about to be
reviewed, and will be presented to homeowners for approval, the vote tentatively set for May 1'. To
satisfy your office, the board has voted to proceed with the expenditure for repairs from HOA funds,
which leaves the board somewhat exposed to legal challenge - a situation no one wants.
Since the storm water system is about 14 years old, and the erosion issues minor, are you willing to
extend the time line until, say, July I'? This will give the board and the community time to review the
documents, vote, and make any last minute corrections. I think it has about a 4-6 week buffer built in
for unforeseen problems.
Yours°truly, !� i
f
David W. Duffrin
Cc:
Pat Brennan
Thomas Moffitt ,
Larry Sneeden r" `-v E 0 VE
MAR 2 6 2014
BY:

Beachwalk Homeowners Association, Inc.
c/o Network Real Estate
1029 N. Lake Park Blvd.
Carolina Beach, N.C. 28428
March 5, 2014
i n
Steve G. Pusey
Environmental Engineer ` MAR
Division of Energy, Mineral, and Land Resources 072014
ey
N.C. Department of Environment and Natural Resources _.
Wilmington Regional Office
127 Cardinal Drive Extension
Wilmington, N.C. 28405
Re: Response to Notice of Inspection
Beachwalk, Kure Beach (Permit No. SW8 960518)
Dear Mr. Pusey:
The Board of Governors of the Beachwalk Homeowners Association received the
Notice of Inspection, dated February 18, 2014, which found Beachwalk's
stormwater management system not compliant with its Stormwater Management
Permit. The Board has been working diligently for some time to address the very
concerns expressed in your inspection report. Beachwalk has a Stormwater
Committee that has been working with C. Lawrence Sneeden, Jr., P.E., of Coastal
Stormwater Services, Inc. in Wilmington to develop plans to make necessary
repairs to the stormwater system, including repairs to the entrance and exit
channels around the stormwater retention ponds and the slopes at the waters
edges which were highlighted in the inspection report. The Board also is
considering proposals made by several other engineering firms.
The Board would like to make the necessary repairs in cooperation with your
Department so that the repairs timely meet all of the regulatory requirements for
such stormwater management systems. We envision having plans in place and
and making the repairs this Spring or Summer. We believe that it would be very
helpful if we can meet with you and our engineer at your earliest convenience to
get the project started.
Page.1

We look forward to working cooperatively with you on this project.
Sincerely yours,
Patricia Brennan, President
I -)7ur
Th s M ' t to ry
David Duffrin, Board member
cc: Mike Gentile (Stormwater Committee)
Joe Truelove (Stormwater Committee)
Ted Gragg (Stormwater Committee)
Jim Craig (Stormwater Committee)
C. Lawrence Sneeden, Jr., P.E. (Coastal Stormwater Services, Inc.)
Gary Stickley (Rewrite Committee)
Adam Beaudoin (Ward & 5m1th)
Page 2

A 10
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Energy, Mineral, and Land Resources
Tracy E. Davis, PE, GPM Pat McCrory, Governor
Director John E. Skvada, III, Secretary
February 18, 2014
Beachwalk Homeowners Association, Inc.
c/o: Cindy Snead, Manager
Network Real Estate, Inc.
1029 N. Lake Blvd.
Carolina Beach, NC 28428
Subject: Notice of Inspection — Non Compliant
Beachwalk at Kure Beach
Permit No. SW8 960518
New Hanover County
To Whom It May Concem:
On February 14, 2014, the Wilmington Regional Office of the Division of Energy, Mineral and Land
Resources (DEMLR) inspected Beachwalk Subdivision in New Hanover County to determine the status of
compliance with the State Stormwater Management Permit Number SW8 960518 issued on September
9, 1996. DEMLR file review and site inspection revealed that the site is not compliant 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 recent inspection.
As indicated in the attached inspection report, the following deficiencies must be resolved. There is
significant erosion at the waters edge on almost all of the conveyance channels and around the
stormwater ponds. We believe that erosion will continue to get worse over time, especially in the event of
large storms. In order to prevent further property damage by erosion of lots, we recommend taking action
now to stabilize the channels and pond slopes. Some measures to be considered in your plan should
include riprap, concrete grid pavers, turf reinforcement mat, and retaining walls. As stated in the permit,
no homeowner / lot owner / developer shall fill in, alter, or pipe any drainage features shown on the
approved plans without submitting and receiving approval of revised plans by the Division.
Please inform this Office in writing before March 19, 2014, of the specific actions that will be undertaken
and the time frame that will be required to correct the deficiencies, including submittal of revised plans.
Failure to provide the requested information, or to respond to this letter by the due date, may initiate
enforcement action including the assessment of civil penalties of up to $25,000 per day. If a written plan
of action is not submitted to this office by March 19, 2014, then DEMLR staff will re -inspect the site and
issue a Notice of Violation if the listed deficiencies have not been addressed.
If the project has.changed its name, ownership, or mailing address, it is your responsibility to submit a
completed and signed Name/Ownership Change form to DEMLR at least 30 calendar days prior to
making the changes. Please include the name, mailing address and phone number of the person or
entity that is now responsible for this permit on the Name/Ownership Change form.
If you have any questions, please contact me at the Wilmington Regional Office, telephone number (910)-
796-7215 or via email at [e-mail].
Sincerely,
Steve G. Pusey
Environmental Eng ?neer
Enc: Compliance Inspection Report
lc;-GDS\sgp:
G:IWQIShared\Stormwater\Permits & Projects11996\960518 HD12014 02 CEI_deficient 960518
cc: Georgette Scott, Wilmington Regional Office Stormwater Supervisor
WiRO Stormwater File
Wilmington Regional office
127 Cardinal Drive Extension, Wilmington, North Carolina 28405 Phone: [phone] Fax: [phone]

Permit: SW8960518 Owner - Project: Beachwalk Homeowners Association, Inc.
Inspection Date: 02/14/2014 Inspection Type: Compliance Evaluation Reason for Visit: Complaint
Inspection Summary:
Please submit a plan of action to stabilize the slopes at waters edge for conveyance channels and ponds in all areas of
the subdivision. This plan is due within thirty (30) days from the date of this notice.
File Review
Is the permit active?
Signed copy of the Engineer's certification is in the file?
Signed copy of the Operation & Maintenance Agreement is in the file?
Copy of the recorded deed restrictions is in the file?
Comment:
SW Measures
Are the SW measures constructed as per the approved plans?
Are the inlets located per the approved plans?
Are the outlet structures located per the approved plans?
Comment:
Operation and Maintenance
Are the SW measures being maintained and operated as per the permit requirements?
Yes No NA NE
■
❑
❑
❑
■
❑
❑
❑
■❑❑❑
■
❑
❑
❑
Yes
No
NA
NE
■
❑
❑
❑
■
❑
❑
❑
■
❑
❑
❑
Yes No NA NE
❑ ■ ❑ ❑
Are the SW BMP inspection and maintenance records complete and available for review or provided to DWQ ❑ ❑ ❑ ■
upon request?
Comment: There is significant erosion on all of the conveyance channels and around
the edge of the ponds in certain areas, evidenced by sharp dropoffs of a foot or more at
the waters edge. We believe that erosion will continue to get worse over time with large
storms and will cause property damage. To avoid this, we recommend taking measures
now to stabilize the channels and pond slopes where needed. Some measures to be
considered include riprap, concrete grid pavers, turf reinforcement mat, and retaining
walls.
Page: 2

Compliance Inspection Report
Permit: SW8960518 Effective: 05/21/04 Expiration: 05/21/18 Owner: Beachwalk Homeowners Association, Inc.
Project: Beachwalk @ Kure Beach
Dow Rd
County: New Hanover
Region: Wilmington
Contact Person: Richard Camilletti Title:
Directions to Project:
Type of Project: State Stormwater - HD - Detention Pond
Drain Areas: 1 -
On -Site Representative(s):
Related Permits:
SW8920807 Unknown Wiro - Kure Dunes Phase II
SW8950709 Unknown Wiro - Kure Dunes Phase III
Inspection Date: 02/14/2014 Entry Time: 11:00 AM
Primary Inspector: Steven G Pusey
Secondary Inspector(s):
Reason for Inspection: Complaint
Permit Inspection Type: State Stormwater
Facility Status: 0 Compliant ■ Not Compliant
Question Areas:
E State Stormwater
(See attachment summary)
Kure Beach NC 28449
Phone:
Exit Time: 12:30 PM
Phone:
Inspection Type: Compliance Evaluation
Page: 1

2/18/2014
North Carolina Secretaryof State
Account 1-091n
North Carolina
Elaine F. Marshall D E ARTM E NT aF THE
Secretary ECRETARY CIF ` ATE
Date: 2/18/2014
PO Box 29622 Raletgh, NC 2762"622 (919)807-2gi3
Click here to:
View Document Filings i
PC, PLLC, LP and Non -Profit entities are not required to file annual reports.
Corporation Names
Name Name Type
NC BEACHWALK HOMEOWNERS LEGAL
ASSOCIATION, INC.
Non -Profit Corporation Information
SOSID:
Status:
Effective Date:
Citizenship:
State of Inc.:
Duration:
Registered Agent
Agent Name:
Office Address:
Mailing Address:
Principal Office
Office Address:
Mailing Address:
cers/Company Officials
0421184
Current -Active
3/11/1997
DOMESTIC
NC
PERPETUAL
NETWORK REAL ESTATE
1029 N. LAKE PARK BLVD
CAROLINA BEACH NC 28428
1029 N. LAKE PARK BLVD
CAROLINA BEACH NC 28428
NO ADDRESS
A-4 PLEASURE ISLAND PLZ
CAROLINA BEACH NC 28412
i nis weosite is prowaea to the public as a part of the Secretary of State Knowledge Base (SOSKB) system. Version:
2324
https:/hmmN.secretary.state.nc.us/corporationsJCorp.asp (?Pitemld=4802837 1/1

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I

512 Shell Dr. Kure Beach; Lot 74 Beachwalk Subdivision

512 Shell Dr. Kure Beach; Lot 74 Beachwalk Subdivision
Exit swale from pond beside lot

Pussy, Steven
From: Joe Truelove AtKure <joeatkurefgmail.com>
Sent: Monday, February 03, 20141:04 PM
To: Pusey, Steven
Subject: Re: 512 Shell Dr. Kure Beach; Lot 74 Beachwalk Subdivision
Steven,
Thank you for the update. I understand that the pond encroached upon my lot when the house was
built, However, I have had to move a couple of decorative statutes back on land in the past several years. At
the very least I would like to restore the slope on the pond bank and recoup some of my land. Please consider
this when you do your inspection. I would be pleased to meet you when you come to Beachwalk. Please call
me at 910 232 2616 when you are on your way here.
Thank you again,
Joe
On Mon, Feb 3, 2014 at 12:18 PM, Pusey, Steven <steven.puse ncdenr.gov> wrote:
Joe,
I wanted to keep you up to date. I will be going out there to do an inspection of the subdivision in the next couple
weeks. It looks like you have a valid case where maintenance will be required of the HOA to fix the outlet swale which
runs beside your house. On the pond side, it's not clear that there has been significant erosion. According to the as -
built plans, please note that the pond was originally built with the normal pool level encroaching into the lots by as
much as S —10 feet in some cases.
Steve
From: Joe Truelove AtKure [mailtWoeatkuregmail.coml
Sent: Tuesday, January 28, 2014 6:53 PM
To: Pusey, Steven
Subject: Re: 512 Shell Dr. Kure Beach; Lot 74 Beachwalk Subdivision
Steve,
Thank you for keeping me informed.
Joe

Pusey, Steven
From: Pusey, Steven
Sent: Monday, February 03, 2014 12:18 PM
To: 'Joe Truelove AtKure'
Subject: RE: 512 Shell Dr. Kure Beach; Lot 74 Beachwalk Subdivision
Joe,
I wanted to keep you up to date. I will be going out there to do an inspection of the subdivision in the next couple
weeks. It looks like you have a valid case where maintenance will be required of the HOA to fix the'outlet swale which
runs beside your house. On the pond side, it's not clear that there has been significant erosion. According to the as -
built plans, please note that the pond was originally built with the normal pool level encroaching into the lots by as
much as 8 —10 feet in some cases.
Steve
From: Joe Truelove AtKure [mailto:[e-mail]]
Sent: Tuesday, January 28, 2014 6:53 PM
To: Pusey, Steven
Subject: Re: 512 Shell Dr. Kure Beach; Lot 74 Beachwalk Subdivision
Steve,
Thank you for keeping me informed.
Joe
On Mon, Jan 27, 2014 at 3:15 PM, Pusey, Steven <[e-mail]> wrote:
Joe,
I noticed from your lot survey, sealed 9/11/13, that the top of the pond is located approximately 4 — 6 feet inside your
property boundary. This is also confirmed by your photographs. I will take a look at the original plat and get back with
you.
Regards,
Steve Pusey
DEMLR

From: Joe Truelove AtKure [mailtoJoeatkure(&grnail.com]
Sent: Thursday, January 16, 2014 1:10 PM
To: Pusey, Steven
Subject: 512 Shell Dr. Kure Beach; Lot 74 Beachwalk Subdivision
Mr. Pusey,
Thank you for getting back to me this morning.
As I mentioned in our phone conversation, I am requesting advise about what I can do to protect my property
from further erosion caused by the storm water system pond and canal that borders my property and to prevent
possible structural damaged to my house. The request is prompted by the continuing delays by the Beachwalk
Homeowners Association (the permittee of DWQ Permit SW8 960518) to let a contract to repair the damage to
the system. I feel that I have to take independent action to protect my home and property.
The several attachments are photos of the pond and drainage canal bordering my property; the survey report on
the property and the letter that was sent to the Home Owners Association and their response. The Beachwalk
plats are filed at the county records Book 36 Page 284 and 2
Thank you for your help.
Best regards,
Joe Truelove
Joe Truelove

e— —,.J r. w e /o v e
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er, -. 4 FV f/ ( ( 7 k a r4— 7-3 -,e5a, eA
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Pusey, Steven
From: Pusey, Steven
Sent: Thursday, January 16, 2014 3:57 PM
To: 'Scott, Georgette ([e-mail])'
Subject: FW: 512 Shell Dr. Kure Beach; Lot 74 Beachwalk Subdivision
Attachments: 20130919_074701.jpg; 20130919_101948.jpg; StormwaterMaintLtrToBoard.doc;
IDA_ResponseirS'J` -Maint.pdf; 512 Shell Dr. Lut .Survey 091113.pdf
Follow Up Flag: Follow up
Flag Status: Flagged
Georgette,
I received a call and this email today about a possible problem with the stormwater pond eroding near Mr. Truelove's
house. He is claiming that the pond is now encroaching into his lot. There is also a canal which is eroding and
encroaching into his lot. I'm not sure how we should approach this situation. Please review and let's discuss when you
get a chance.
Thanks,
Steve
From: Joe Truelove AtKure [mailtoJoeatkureftmail.com]
Sent: Thursday, January 16, 2014 1:10 PM
To: Pusey, Steven
Subject: 512 Shell Dr. Kure Beach; Lot 74 Beachwalk Subdivision
Mr. Pusey,
Thank you for getting back to me this morning.
As I mentioned in our phone conversation, I am requesting advise about what I can do to protect my property
from further erosion caused by the storm water system pond and canal that borders my property and to prevent
possible structural damaged to my house. The request is prompted by the continuing delays by the Beachwalk
Homeowners Association (the permittee of DWQ Permit SW8 960518) to let a contract to repair the damage to
the system. I feel that I have to take independent action to protect my home and property.
The several attachments are photos of the pond and drainage canal bordering my property; the survey report on
the property and the letter that was sent to the Home Owners Association and their response. The Beachwalk
plats are filed at the county records Book 36 Page 284 and 285.
Thank you for your help.
Best regards,
Joe Truelove

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Beachwalk Homeowners Association
November 21, 2013
Dear Joe and Jan
Thank you for meeting with the Board iast week. This ietter responds to your request
that the Board take action concerning Beachwalk's stormwater system. In your letter
you state that your property is in jeopardy of sustaining structural damage if
Beachwalk's stormwater system is not properly repaired and maintained. You ask the
Board to take immediate action to: (1) restore the stormwater system to full compliance
with the State stormwater system permit, and (2) enter into a contract by the end of
November 2013 to repair the pond and canal and return them to a level recommended
by the ECS report.
The Board has carefully considered your request and understands your concerns.
However, the Board believes that it is diligently working to assure that the stormwater
system is in compliance with the State stormwater permit and to avoid harm to
homeowners due to operation and maintenance of the system by the HOA. The
Stormwater Committee presently is working hard to meet these goals. It is in the
process of creating a well thought out plan to correct stormwater system deficiencies.
Any plan will entail the expenditure of a substantial amount of money so it must be
carefully planned and implemented. It is in the best interest of all of Beachwalk's
homeowners to let the Stormwater Committee complete its work and then act to remedy
any stormwater system deficiencies based on a well -reasoned plan.
The Board concludes that your request is premature. The Board assures you that any
problems with the stormwater system will be properly addressed in due course and that
the HOA will fulfill its responsibility for maintaining the stormwater system in accordance
with the State permit. Finally, the Board believes that It would be counter productive to
turn to the State for help at this stage of the process. The Board believes that it is more
reasonable to approach the State with a solid plan of action before seeking guidance or
assistance relating to the stormwater system.
We look forward to receiving recommendations from the Stormwater Committee and
moving forward with this plan of action.
Sincerely,
wZ
Pat bren n,.'PrTldent
avid ®uffrins"
Thomas Moffi

STATE OF NORTH CAROLINA
Department of Environmental and Natural Resources
127 Cardinal Drive Extension
Wilmington, North Carolina 28405
[phone]
;� FILE ACCESS RECORD
SECTION Ir) -M L li 't 'l C• � i�+d>'i �`t� C (
TIlv1MATE "AQ 13 1-- I:csv aer,%
NAME ni
REPRESENTING - rJl O n) 7 C
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:
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. Anuointmenft will be scheduled
between 9:00am and 3:00 m. 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 member 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 for copies. There will he no fee if the total calculated charge is
less than $5.00. Payment may be made by check. money order, or cash at the reception
desk Copies can also be invoiced for your convenience.
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 m one of these files is a
misdemeanor for which you can be fined up to $500.00. No briefcases, large totes. etc. are
penuigpd in the file review area.
5. 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 COUNT Y
1. AnT Q Sol6 9
2. 5 w3 A .., 0$07
3. JW7
Signature and Name of ]
Please auach a business a
COPIES MADE
S:Admin.file access
it- 1q. r 11.E f_2
Date Time In Time Out
this form
PAID INVOICE

512 Shell Dr.
Kure Beach, NC 28449
September 19, 2013
Beachwalk Homeowners Association Board of Directors
c/o Beach walk Property Manager
Network Real Estate
1029 N. Lake Park Blvd.
Carolina Beach, NC 28428
Dear Board Members,
This letter is to appeal to the Beachwalk Homeowners Association (HOA) Board of Directors to take
immediate action to restore the Beachwalk stormwater system to be in compliance with the North
Carolina Division of Water Quality (DWQ) permit issued to the HOA. The stormwater system that
boarders our property (Lot 74) has eroded banks and the stormwater has encroached upon and remains
on our property.
Please find enclosed: A. a copy of the survey report of our property; B. a report from ECS engineering
concerning the storm -water system; and C. photos taken on September 19, 2013 showing survey stakes
on our property boundary; D. a copy of the Beachwalk plat Map 36 Page 285; the Department of Water
Quality permit to Beachwalk Homeowners Association for the Beachwalk stormwater system.
The following findings are germane and material to this request.
The survey report on my property shows where the the stormwater pond and the drainage canal banks
are in relation to our property lines and the extent the pond water is encroaching on our property. The
attached photo show the survey stakes in the pond at our property boundaries.
The ECS report states that "For slopes steeper than a 2.5H:1 V slope configuration, there is a high
probability for failure and should be considered unstable." Also: "Maintenance of the existing above
water slopes is recommend including the maintaining of existing vegetation and drainage features."
The Beachwalk plat identifies the common areas and "drainage easements". The plat note "9.
All common areas and drainage easements are to be maintained by the beachwalk property owners
association." and "10. All common area ponds are to be the property of the beachwalk property owners
association."
The DWQ permit dated May, 21, 2004 states:
1) "... the approved stormwater management plans and specifications and other supporting data as
attached and on file with and approved ... and considered a part of this permit." (We consider the
Beachwalk plat, which is referenced in the permit, to be included as a stormwater system plan and
specification document.)
2) "The permittee shall at all times provide the operation and maintenance necessary to assure that all
components [of the system] function at optimum efficiency."
3) The maintenance required includes among other requirements: "mowing and revegetation of side
slopes"; and "immediate repair of eroded areas."
4) "holder is responsible for the storm -water system maintenance";
5) "All stormwater collection and treatment systems must be located in either dedicated common areas

or recorded easements."
6) "The following covenants are intended to ensure ongoing compliance with State Stormwater
Management Permit ....", and "These covenants are to run with the land and be binding on all persons
and parties claiming under them."
Based on those ffindings, we conclude that the HOA is responsible for maintaining t1he stormwater
system and that the HOA has not fulfilled its responsibility for maintaining the system. Now the
condition of the pond and canal boarding our lot are placing our house in jeopardy of having serious
structural problems. The HOA's lack of action relative to maintaining the stormwater system has the
potential to impose a severe financial burden on us to repair any structural damage.
We are asking that the Board take action to let a contract before the end of November 2013 to repair the
pond and canal slopes and return them to a level recommended by the ECS report. Failure to take
immediate action will force us to consult with DWQ engineers about our options to repair the slopes.
We regret having to state this position so forcefully; however this and previous Boards have not
performed the maintenance required by the State permit and we must take action to protect our home.
Sincerely,
Janice W. Truelove
Encl:
Joseph A. Truelove

STATE OF NORTH CAROLINA
Department of Environment and Natural Resources
WIRO Regional Office
FILE ACCESS RECORD.
SECTION _ SWP DATE/TIME
E
NAM REPRESENTING
Guidelines for Access: The staff of the 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 before 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 for file review so you can be accommodated.
Appointments are scheduled between 9:00 a.m. and 3:00 p.m. Viewing time ends at 4-45
p.m. Anyone arriving without an appointment may view the files to the extent that time and
staff supervision are available.
2_ You. must specify files, you want to review by facility name or incident number, as
appropriate. The number of files that you may review atone appointment will be limited to
five.
3_ You rnay 'make copies of a file when the copier is not in use by the staff and if time permits.
There is no charge for 25 or less copies.-, cost per copy after the initial 25 is 2,5 per copy
Payment is to be made by check, money order, or cash in the administrative offices.
4. Files must be kept in the order you received them. Files may not be taken from the office.
No briefcases large totes etc. are ermitted in the file review area. To remove, alter,
deface, mutilate, or destroy material in public files is a misdemeanor for which you can be
fined up to $500.00.
5. In accordance with GS 25-3-512, a $25.00 processing fee will be charged and collected for
checks on which payment has been refused.
6. The customer must present a photo ID, sign -in, and receive a visitor sticker prior to
reviewing files.
FACILITY NAME COUNTY
Signature/Name*of Firm or Business Date Time In. Time Out
(P)ease attach business card to form if available)
# Copes: Amt. Pd:

Cox, David
From: Mike Gentile ([e-mail]]
Sent: Wednesday, May 30, 2012 6:42 AM
To: Cox, David
Subject: RE: Beachwalk SW Permit SW8 960518
David
I have looked into what is required for renewing Beach Walk Permit 960518 and I am still confused. Can you please
advise me of the steps I need to take to reapply for our permit, the paper work required and who do I get the needed
paper work from. There appears to be two types of pond digs, one to restore the depth to the minimum of the 75%
depth and the other that is as built certifying dig. During the renewal process does the ponds require as built
certification or does the pond depth must be at the 75% depth level. If you are down in our area we would appreciate
some of your time walking around our ponds and explaining the bank instability problem we have run into because
homes were allowed to be built too close to the ponds.
Mike Gentile
President of Beach Walk HOA
From: Cox, David [mailto:david.w. x(cbncdenr.gov]
Sent: Tuesday, May 29, 2012 2:43 PM
To: Larry Sneeden
Cc: Mike Gentile
Subject: RE: Beachwalk SW Permit SW8 960518
Yes that is correct, This will notify Georgette that the expiration is up to date in our database. Just remember they need
to submit 180 days prior to expiration.
David
From: Larry Sneeden fmailto:lsneeden(cbcoastalstormwater com]
Sent: Tuesday, May 29, 2012 10:52 AM
To: Cox, David
Cc: Mike Gentile
Subject: Beachwalk SW Permit SW8 960518
David,
This is to confirm our telephone conversation that the permit expiration date for Beachwalk has been extended from
May 21, 2014 to May 21, 2018.
Larry Sneeden
C. Lawrence Sneeden, Jr. PE
Coastal Stormwater Services, Inc.
6217 Head Road
Wilmington, NC 28409
[phone]

C201203400116
STATE OF NORTH CAROLINA
DEPARTMENT OF THE SECRETARY OF $1
STATEMENT OF CHANGE OF
OFFICE AND/OR REGISTERED AGENT
Date Filed: 2/6/2012 3:03:00 PM
Elaine F. Marshall
North Carolina Secretary of State
C201203400116
Pursuant to §55D-31 of the General Statutes of North Catalina, the undersigned entity submits the following for the purpose of
changing its registered office and/or registered agent in the State of North Carolina.
INFORMATION CURRENTLY ON FUZ
The name of the entity is: kit - ! I wy—p rs M<�: T/_
Entity Type: ❑Corporation, ❑Foreign Corporation, jNNonprofit Cap moon, ❑Foreign Nwpufit Cmporati*%
❑Limited Liability Company, ❑Foreign Limited Liability Company []Limited Parhneiship, ❑Foreign Limited Partnership,
❑Limited Liability Partnership, ❑Foreign Limited Liability Partnership
The street address and county of the entity's registered office currently on file is:
Number andStreet: A- 4 P l asLye— Ms l d j A P 1-3
City, State, Zip Code: l 1±m� L hit- x4—I a County: _ _%V C'lc� /14 n DU`d�
The mailing address if &ffere rit jron lure s&ad gins of the registered office currently on file is:
The name of the current registered agent is:
NEW INFORMATION
1. The street address and county of the new registered office of the entity is:
(complete this item only if the oddness of the registered office is being changed)
Number and street: ` () Q)q N . LO,'r,ty 1`"af k 1?1 1 JA _
City, State, Zip Code: C&mVrNaZ1,evL WL-014A; AlC.L.3 [--r-ay -t/
s
2. The mailing address if d1firerentfrom the &Vvd a of the new registered office is:
(complete this item only if the address of the registered office is being dia%,4
3. The name of the new registered agent and the new agent's consent to appointment appears below:
(complete this item only if the name of the registered agent is being changed &)
j4-&2v1K RA&l jeslL -T)1c C4,
Type or Print Name of New Agent * Signature & 71de
4. The address of the entity's registered office and the address of the business office of its registered agent, as changed,
will be identical.
5. This statement will be effective noon filing. unless a date andlor time is specified:
This is the 126 of i 20 1 0
.dy
% nv Life. rhar-- _
Type or Print Name and 17de
Notes: Mling feets ssoa 'iM doeement mast be tiled widr the smdwy ofsare.
" Instant of s pft here, the new vegbiemd agent may alga a sepandewriilen coaseat to 6eappekdmott wW& mast be atmehed to d& .
CORPORATIONS DIVISION P. O. BOX 29622 RALEIGH, NC 27626-0622
Revised January 2002 Form BE-06

5'
BEACH WALK HOME OWNERS ASSOCIATION,-` 1�
KURE BEACH North Carolina i� 4-
November4, 2010
TO: North Carolina Division of Water Quality ` r��
1S
127 Cardinal Drive Extension
Wilmington, NC 28405 !(��' ` Jl` `T L
Attention: Georgette Scott `� I u j 7 C)
Subject: Storm Water P 96051 2080� Z -7
rts
Dear Mrs. Scott
The Beach Board of Governors would like to meet with you to discuss the
retention pond covered by pe t 960518.'-�
We also would like to ss our review of the public records in your facility,
those of the Town of Kure Beach and County Records that did not produce a legal document that
altered the course of Storm Water from Kure Dunes Community to the Beach Walk Retention
The review also disclosed that Permit 920807 Modification, which in two separate clQcutnents—
the same date closed a retention pond and in the other document provided-an_m
underground infiltration trenches routing this storm water to the Beach Walk Retention Pond.
This Permit expired on October 8, 2008.
President, Beach Walk Home Owners Association
J << UA �"�'

401 H. AVE. • POST OFFICE BOX 3 • KURE BEACH, NORTH CAROLINA 28449
TELEPHONE [phone] B • FAX [phone]
October 6, 2010
NCDENR
Stormwater Division
127 Cardinal Drive Extension
Wilmington, NC 28405
Dear Sir or Madam:
This letter is in reference to the Beachwalk Stormwater Retention Pond, permit no.
960518.
In September 2010, Tropical Storm Nicole dumped record amounts of rain in the New
Hanover County area. Rainfall totals of approximately 22 inches surpassed those of
Hurricane Floyd in 1999.
During the early part of the storm, Kure Beach received an estimated 18 inches of rain
before the initial rainfall subsided. Throughout this period, the Beachwalk retention
pond's performance exceeded our expectations. The pond filled to approximately 0.5
inches above the overflow and never exceeded that level. As a result, there was no
flooding of the streets or homes within the Beachwalk community or other communities
serviced by the Beachwalk retention pond.
During the remainder of the storm, the pond continued processing the rainfall
accumulation, never reaching the high level that was attained during the initial 18 inch
rainfall. The pond returned to its normal low level 4.5 days after the rainfall stopped.
If you have any questions, please feel free to contact me.
Sincerely,
Henry E. Beeker, Jr.
Director, Kure Beach Public Works Department

STATE OF NORTH CAROLINA
Department of Environment and Natural Resources
WIRO Regional Office
FILE ACCESS RECORD
SECTION SWP DATETIME
NAME �
REPRESENTING
Guidelines for Access: The staff of the 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 before 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 for file review so you can be accommodated.
Appointments are scheduled between 9:00 a.m. and 3:00 p.m. Viewing time ends at 4:45
p.m. Anyone arriving without an appointment may view the files to the extent that time and
staff supervision are available.
2. You must specify files you want to review by facility name or incident number, as
appropriate. The number of files that you may review at one appointment 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.
There is no charge for 25 or less copies., cost per copy after the initial 25 is 2.5 per copy.
Payment is to be made by check, money order, or cash in the administrative offices.
4. Files must be kept in the order you received them. Files may not be taken from the office.
No briefcases, large totes, etc. are permitted in the file review area To remove, alter,
deface, mutilate, or destroy material in public files is a misdemeanor for which you can be
fined up to $500.00.
5. In accordance with GS 25-3-512, a $25.00 processing fee will be charged and collected for
checks on which payment has been refused.
6. The customer must present a photo ID, sign -in, and receive a visitor sticker prior to
reviewing files.
FACILITY NAME COUNTY
1.
2.
3.
4. i
5.
Signature/Name of Firm o Business DatEV Time In Time Out
(Please attach business card to form if available)
# Copes: Amt. Pd: 3
�5:

Town p f-'1Cure Beach
TH S0�
EXPERIENCE /NUMP
/SD 90
W.ZOOOCEVANrIFIED
Barry Al- lVe/der
N C Sales Associate
Cep fled Well Contractor
Certified ,Storm Water
B.M.p. Inspector
2963 Hwy. 13 N.
Goldsboro, NC 2753 Office: (800) 767-74
308
Fx: (919) 778-733s Mobile: [phone]
www.thOmPsonpump.com
[e-mail]
E OF NORTH CAROLINA
ovironment and Natural Resources
IRO Regional Office
DATEMME
REPRESENTING
)f the Regional Office is dedicated to making public records in
)ublic for review and copying. We also have the responsibility
?cords and to carry out our day-to-day program obligations.
afully the following before 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 for file review so you can be accommodated.
Appointments are scheduled between 9:00 a.m. and 3:00 p.m. Viewing time ends at 4:45
D.m. Anyone arriving without an appointment may view the files to the extent that time and
staff supervision are available.
2. You must specify files you want to review by facility name or incident number, as
appropriate. The number of files that you may review atone appointment 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.
There is no charge for 25 or less copies.; cost per copy after the initial 25 is 2.5 per copy.
Payment is to be made by check, money order, or cash in the administrative offices.
4. Files must be kept in the order you received them. Files may not be taken from the office.
No briefcases large totes etc are permitted in the file review area To remove, alter,
deface, mutilate, or destroy material in public files is a misdemeanor for which you can be
fined up to $500.00.
5. In accordance with GS 25-3-512, a $25.00 processing fee will be charged and collected for
checks on which payment has been refused.
6. The customer must present a photo ID, sign -in, and receive a visitor sticker prior to
reviewing files.
FACILITY NAME COUNTY
2.
3. T
4.
do
5.
my 141*f
S nat a Name of Firm or Business Date
Time In Time Out
( e attach business card to form if available)
# Copes: Amt. Pd: 1

SMITH MOORE LLP
A T T,0 R N E Y S AT LAW
E OF NORTH CAROLINA
Aimee L. Ezzell nvironment and Natural Resources
IRO Regional Office
3oo North 3rd Street Suite 3oi Wilmington NC 28401
Phone: [phone] Fax: [phone] Direct Fax: [phone]
[e-mail] LE ACCESS RECORD
Atlanta Charlotte Greensboro Raleigh Wilmington Ida
DATE/TIME
NAME I ee REPRESENTING le—�
/.-5-- %/ 1f 0
Guidelines for Access: The staff of the 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 before 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 for file review so you can be accommodated.
Appointments are scheduled between 9:00 a.m. and 3.00 p.m. Viewing time ends at 4:45
p.m. Anyone arriving without an appointment may view the files to the extent that time and
staff supervision are available.
2. You must specify files you want to review by facility name or incident number, as
appropriate. The number of files that you may review at one appointment 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.
There is no charge for 25 or less copies.: cost per copy after the initial 25 is 2.5 per copy.
Payment is to be made by check, money order, or cash in the administrative offices.
4. Files must be kept in the order you received them. Files may not be taken from the office.
No briefcases, large totes, etc. are permitted in the file review area To remove, alter,
deface, mutilate, or destroy material in public files is a misdemeanor for which you can be
fined up to $500.00.
5. In accordance with GS 25-3-512, a $25.00 processing fee will be charged and collected for
checks on which payment has been refused.
6. The customer must present a photo ID, sign -in, and receive a visitor sticker prior to
reviewing files.
FACILITY NAME
2.
3.
4.
5.
(Please attach business
if available)
# Copes: n Amt. Pd:
COUNTY
i�Y�
Time Out

Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
March 9, 2006
Mr. Richard Camiiletti or Current President
Beachwalk Homeowner's Association
129 Settlers Lane
Kure Beach, NC 28449
Subject: Pond Depth
Beachwalk Subdivision
Stormwater Project No. SW8 960518
New Hanover County
Dear Mr. Camilletti or Current President:
On May 21, 2004, after a lengthy legal process, the Division of Water Quality was finally able
to transfer the State Stormwater Management Permit to the HOA for the oversight of the
subdivision's maximum built -upon area limits and for the maintenance of the permitted wet
detention pond. The lengthy legal process involved the HOA and the former permittee, Robert
Weinbach, in regards to allegations by the HOA that the system was not in compliance with its
stormwater permit. Subsequent pond depths surveyed on September 4, 2002, by Michael. J.
Lawrence, P.L.S., of Hanover Design Services, supported the allegations made by the HOA.
The HOA refused to accept the permit until Mr. Weinbach restored the system to design
condition. The suit was settled in mediation, in which Mr. Weinbach agreed to pay the HOA
$100,000 for the restoration of the system.
On September 17, 2004, the Division received the Designer's Certification for the project from
Mr. Phil Norris, P.E., Norris Kuske & Tunstall. This Certification was submitted as required by
the permit, and includes, among many other items, that the permitted design depth of 7.5' has
been provided. At a meeting this morning with Mr. Ed Coleman, attorney for Mr. Weinbach, the
design depth has again come into question. Mr. Coleman alleges that only parts of the pond
have been restored to the permitted 7.5' design depth, He attempted to obtain the as -built
drawing with the design depths that Mr. Norris used to certify the pond, however, Mr. Norris
refused to give him the as -built drawing.
As indicated in my letter to. Mr. Coleman dated August 30, 2004, and copied to you, the
Division has no interest in the money aspect of this situation, If you were able to find someone
else to accomplish the same level of work that you were asking of Mr. Weinbach at a cheaper
price, then that is your prerogative. However, if the pond was not completely restored to the
permitted design depth, then there is a problem. The allegation is that only the outer edges of
the pond, as far as the backhoe could reach, were restored to the 7.5' design depth, and that
the inner parts of the pond were not touched.
>"` Caro1 �' a
Jatura!!y
North Carolina Division of Water Quality 127 Cardinal Drive Extension Wilmington, NC 28405 Phone [phone] Customer Service
Wilmington Regional Office Internet: www.ncwatetguality.org Fax [phone]
An Equal Opportunity/Affirmative Action Employer— 50% Recycled/10% Post Consumer Paper

Mr. Camilletti
March 9, 2006
Stormwater Permit No. SW8 960518
The Division is obligated to investigate these allegations, just as it investigated the HOA's
allegations against Mr. Weinbach. To clear up this matter quickly, the Division is requesting
that a copy of the drawing used by Mr. Norris to certify the pond, be submitted. The drawing
should show a broad sampling of elevations at various locations in the pond, including the
middle parts of the pond, after the excavation work was completed.
The Division thanks you in advance for your cooperation in clearing up this matter. If you
have any questions, please do not hesitate to call me at [phone].
Sincerely,
D
Linda Lewis
Environmental Engineer II
ENB1arl: S:IWQSISTORMWATILETTERS120061960518.mar06
cc: Phil Norris, P.E., Norris Kuske & Tunstall
Michael J. Lawrence, P.L.S., Hanover Design Services
Edward Coleman, Attorney
Linda Lewis
Page 2 of 2

HOGUE, HILL, JONES, NASH & LYNCH, L.
W. TALMAGE JONES
DAVID A. NASH
WILLIAM O. J. LYNCH
JAMES B. SNOW III
WAYNE A. BULLARD
G. EDWARD COLEMAN III
ANNA J. AVERITT
Mr. J. Phillip Norris, P.E.
Andrew & Kuske
Consulting Engineers, Inc.
902 Market Street
Wilmington, NC 28401
ATTORNEYS AT LAW
101 SOUTH THIRD STREET
WILMINGTON, NC 28401
February 16, 2006
Re: Beachwalk Homeowners Association
Dear Mr. Norris:
r. V. LJKAVVCK C77S
WILMINGTON, NC 28402
TELEPHONE [phone]
FACSIMILE 910-7624687
OF COUNSEL
CYRUS D. HOGUE, JR.
WILLIAM L. HILL, 11(1937 2001)
Thank you for taking the time yesterday to discuss your certification of the retention
pond system at the Beachwalk Development at Kure Beach. Frankly, I am not surprised
that your client will not authorize you to provide me with the information I requested.
For what it is worth, I have enclosed State Stormwater Management Permit No.
SW8 960518 ("Permit"). I understand from our conversation yesterday that it is your
opinion that the Beachwalk Homeowners Association could simply have removed sediment
from one or two areas and still be in compliance with their obligations as set forth in the
Permit. I disagree with your opinion.
Numbered paragraph 5 of the Permit requires that pond depth must be 7.5 feet in
the system at all times. Based on the certified depth survey provided by my client's
engineer, a copy of which is enclosed, I find it difficult to believe that the pond depth is at
least 7.5 feet if the only work done was by a backhoe operating from the bank of the
ponds. Obviously, we can find out the answer to that questions very easily with a cane
pole and flat bottom boat. I understand from our conversation that your Certification dated
September 16, 2004 was based on, in part, depths that were provided to you by somebody
else.
As we discussed, I believe the action taken by the Beachwalk Homeowners
Association is reprehensible. I will let my client decide if and how he wishes to proceed
with exercising the various options he has. This letter serves to put you on notice that the

Mr. J. Phillip Norris
February 16, 2006
Page 2
documents provided to you by the Beachwalk Homeowners Association and all other
material in your file may be relevant and admissible in potential litigation. Therefore, I ask
that you preserve all documents in your file.
Very truly yours,
Vol
G. Edward Coleman, III
GECIII/bzm
cc: Mr. Robert Weinbac
Ms. Linda Lewis ✓✓
S:\GECillkWeinbachRobt%Beachwalk-Kure BeachWomsLetterwpd

.Sep 05 02 11:36a M-nr••er- Design
9'.0- 9I 43-SS41 p.3
PARTIAL POND ASRUILT
BEACd W&X DDEVELOP ENT, INC.
LOCATED IN THE TOWN or KURE BEACH KURE BEACM TOWNSMP.
NEW HANOVER COUNTY NORTH CAROUNA
DATE: SEPTEMSER 5. 2002 80 /
CiiyjTS
79
X
70 -5.1 :.....
X .. .
X --all
X X
71 "
34.061 square feet, . .
water surface area
water elev. 18.4'
.-X
X—&0....
—44
72 x.'
73
to
n
N
m
0
3
CA
SEAL
L-383o 1��s
s'U
74 tiN 40* 20'
1 75
NOTES SCALE IN FEET
1. SURVEYED SEPT. 4, 2002 SCALE: 1"- 40'
2. THIS DRAWING REPRESENTS AN ASBUILT HANOVER DESIGN SERVICES P.A.
SURVEY OF THE PONDS AS SHOWN AT
BEACHWALK. LAND SURVEYORS ENGINEERS & LAND PLANNERS
3. THIS MAP IS NOT FOR RECORDATION, SALES, 319 WALNUT STREET
OR CONVEYANCE
WILMINGTON, N.C. 28401
4. X = DEPTH OF POND AS SEPT. 2002
PHONE: 910 343—WW2
email— mlowrencedthdsilm.com
4477—pond mj-02

Sep '.0.5 02 11: 36a "never Design 31.0-143-9941 p. 2
PARTIAL PQNO ASBUILT .
EACHy/" IaEVELOP1iIE'NT,
LOCATED IN THE TOWN OF KURE BEACH KURE BEACH T0WN9HIP
NEW HANOVER COUNTY NORTH CAROLINA INV. 1
DATE: SEPTEMBER 5, 2002
51
52
50
�'l
INC.
7.36 0
INV. 17.40 "
X
—t.4
AV rA
J
• . 10,402 square
53 feet water sufacp r
wateIi elev. 18.4
2J ... ,
47
54
46
R
55 T^
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;
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NOTES
1. SURVEYED SEPT. 4, 2002
2. THIS DRAWING REPRESENTS AN ASBUILT �??Z
SURVEY OF THE PONDS AS SHOWN AT
BEACHWALK.
3. THIS MAP IS NOT FOR RECORDATION. SALES,
OR CONVEYANCE 7
4. X m DEPTH OF POND AS SEPT. 2002
6" P.V.C.
INV. 18.06'
OUTLET 'STRUCTURE
TOP
20.15
TOP
20.15
ESi
Q
SEAL !
�`s f L-3830 p,$
a
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40' 20' 0 40'
45
SCALE IN FEET
SCALE 1 " = 40'
HANOVER DESIGN SERVICES, P.A.
LAND SURVEYORS ENGINEERS & LAND PLANNERS
319 WALNUT STREET
PHONE:
( N.C. 28401 ��
PHONE: [phone]
ema+7— mlawrence0dsilm.cam
4477—pond mj-02

Page I of 1
Norl:h Carolina
Elaine F MarshallD RA TN4_ E T oi,1 't 11
Secretary CRET R of ¢ T
Corporations
�rCorporations Home
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Date: 4/4/2005
Click here to:
View Document Filings I
Corporation Names
Name Name Type
NC,' BEACHWALK
HOMEOWNERS Legal
ASSOCIATION, INC.
Non -Profit Corporation Information
SOSID:
FID:
Status:
Date Formed:
Citizenship:
State of Inc.:
Duration:
Registered Agent
Agent Name:
Registered Office Address:
Registered Mailing
Address:
Principal Office Address:
Principal Mailing Address:
0421184
Current -Active
3/13/1997
Domestic
NC
Perpetual
Weinbach, Robert
A-4 Pleasure Island Piz
Carolina Beach NC 28412
A-4 Pleasure Island Piz
Carolina Beach NC 28412
No Address
A-4 Pleasure Island Piz
Carolina Beach NC 28412
For questions or comments about the North Carolina Secretary of State's web site, please send a -mall to Webmaster.
http://www.secretary.state.nc.us/Corporations/Corp.aspx?PItemId=4802837 4/4/2005

STATE OF NORTH CAROLINA
Department of Environment and Natural Resources
127 Cardinal Drive Extension
Wilmington, North Carolina 28405
[phone]
Fife Access Record
SECTION
TIME/DATE
NAME
REPRESENTING:
Guidelines for Access: The staff of the 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 before signing the form:
Please call at least a day in advance to schedule an appointment to review the files.
Appointments will be scheduled between 9.00 a.m. and 3.00 p.m. Viewing time
ends at 5:00 p.m. 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. Copies of 25 or less are free 26 or more require payment in full for all
copies made at 10 cents a copy; payment may be made by check money order, or
cash at the reception desk - Copies can also be invoiced for your convenience
4. FILES MUST BE KEPT IN THE 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.
5. In accordance with General Statute 25-3-512, a $25.00 processing fee will be charged
and collected for checks on which payM.ent has been refused.
FACILITY NAME
1.
2.
3.
4.
5.
COUNTY
it1CiAl
Signature and Name of Firm/Business Date Time In Time Out
Please attach a business card to this form

Michael F. Easley, Governor
William G. Ross, Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
August 30, 2004
Mr. Edward Coleman, Attorney
Hogue, Hill; Jones, :Nash & Lynch, LLP
PO Drawer 2178
Wilmington, NC 28402-2178
Subject: Pond. Maintenance at
Beachwalk
Stormwater Project No. SW8 960518
New Hanover County
Dear Mr. Coleman:
Thank you for your recent letters concerning the Beachwalk pond maintenance and sediment
removal issues. Based on the allegations in your letter, I will be asking the HOA to provide
documentation of the sediment levels, and verification that the system has been restored to
design condition via a Designer's Certification to that effect. If the work is completed, then the
HOA, by copy of this letter, should consider this a request by the Division of Water Duality to
provide said Designer's Certification. The HOA must abide by the terms and conditions in the
stormwater permit..'
As you are aware, the State does not have the equipment to make exact determinations as to
the amount of surface area or the depth of a pond. The State requires that the permittee
provide the Designer's Certification and that the maintenance plan be followed, which includes
annual checks for sediment accumulation. If a number of years have passed without this
routine maintenance being performed, then one can draw the conclusion that sediment
accumulation may have occurred in the pond. The degree to which sediment has accumulated
can only be determined by going out in a boat and taking depth measurements at various
points in the pond.
I agree that if 4 reputable companies took depth measurements and all indicated the need for
a crane/boom system or dredge barge in order to remove the sediment, then the situation
warrants our attention if, as you allege, the HOA was indeed able to remove the necessary
accumulated sediment and restore the entire pond's depth to 7.5' by using only a backhoe
situated on the bank of the pond. All of us, the HOA and your client, included, have to rely on
persons with the proper equipment and expertise, to provide us with the information to
determine the extent of the sediment accumulation in the pond. The HOA is free to hire their
own professional, however, the HOA will be required to provide documentation of the method
used by that professional to determine the sediment level and documentation that the pond's
depth has been restored to 7.5 feet. If the documentation cannot be provided, then the State
will require the HOA to perform a depth check and to restore the pond to its original design
depth.
Norm Loaroona Division of water Quality 127 Cardinal Drive Extension Phone [phone] Customer Service 1-877-623-6748
Wilmington Regional Office Wilmington, NC 28405-845 FAX [phone] Internet h2o.ennstate.naus ��n
An Equal OpportunitylAffirmative Actlon Employer— 50°% Recycled110% Post Consumer Paper 1� a Carolina
AdYNAY

Mr. Coleman
August 30, 2004
Paae2of2
The State only mandated that Mr. Weinbach accept his responsibilities under the
permit, and provide the necessary documentation to transfer the ownership and
maintenance responsibility of the pond to the HOA. The State made no
representations as to the sediment level, and did not mandate that Mr. Weinbach
offer $100,000 to the HOA. He put himself in that position by failing to transfer
the ownership of the pond in the manner prescribed in the permit conditions. If
Mr. Weinbach feels he was given inaccurate information about the sediment
level, then he should. discuss it with the expert who provided the information.
If you have any other questions, please do not hesitate to call me at (910) 395-
3900.
Sincerely,
Linda Lewis
Environmental Engineer
RSS\arl: S:\WQS\STORMWAT\LETTERS\2004\960518.aug04
cc: David Hollis, P.E., Hanover Design Services
Richard Camilletti, President, Beachwalk HOA, Inc.
Linda Lewis

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Michael F. Easley, Governor
August 30, 2004
Ms. Sherry Brookshire
508 Shell Drive
Kure Beach, NC 28449
Subject:
Inspection of Beach Walk @ Kure Beach
Permit Number SW8 960518
Ms. Brookshire,
William G. Ross, Jr., Secretary
Alan W. Klimek, F.E., Director
On August 24, 2004 I inspected your property at 508 Shell Drive @ Beach Walk at Kure Beach.
The inspection was at your request to determine if your recent. landscaping was out of
compliance with the State Stormwater regulations for Beach Walk @ Kure Beach. I have
determined that your landscaping project will not hinder or interfere with the stormwater system.
The overall landscaping, including the brick retaining wall is acceptable due to the small scale of
the project.
This type of landscaping project cannot become a model for homeowners to follow in the future.
We don't like to see hardened structures such as retaining walls or rip/rap on pond slopes. Since
the amount of retaining wall is so small in comparison to the length of shoreline, we can allow
this one project to remain. The rules require vegetation from the permanent pool level up to the
temporary pool level, and make no accommodation for retaining walls.
If you have any questions regarding this matter please don't hesitate to call me @ 395-3900
extension 222. .
5
Sincerely,
oil
Gary H. Beecher.'
Environmental Technician
cc: Mr. Richard Camilletti (president, Beachwalk HOA)
Wilmington Regional Office
127 Cardinal Drive Extension, Wilmington, NC 28405
Phone: [phone] FAX: [phone] Internet: h2o.enr.state.nc.us
One
NorthCarolina
An Equal Opportunity/Affirmative Action Employer — 50% Recycled/10% Post Consumer Paper

i

HOGUE, HILL, JONES, NASH & LYNCH, L.L.P
W. TALMAGE JONES
DAVID A. NASH
WILLIAM O. J. LYNCH
JAMES B. SNOW III
WAYNE A. BULLARD
G. EDWARD COLEMAN III
Ms. Linda Lewis
North Carolina Division of
Water Quality
127 Cardinal Drive Extension
Wilmington, NC 28405
ATTORNEYS AT LAW
101 SOUTH THIRD STREET
WILMINGTON, NC 28401
August 9, 2004
RE: Beachwalk at Kure Beach
Our File 279-GEC-02
Dear Ms. Lewis:
AUG 1 2 2004
MAILING ADDRESS
P.O. DRAWER 2178
WILMINGTON, NC 28402
TELEPHONE [phone]
FACSIMILE 910-762-6687
OF COUNSEL
CYRUS D. HOGUE, JR.
WILLIAM L. HILL, 11 (1931-2001)
ly �,�w �\i
Further to my most recent correspondence to you on June 9, 2004, this will confirm
that Mr. Weinbach has been advised by a homeowner at Beachwalk that a small amount
of sediment was removed from both retention ponds several months ago. According to this
homeowner, the sediment was removed by a backhoe that was placed upon the bank's
edge at a few locations. As the Beachwalk HOA and Mr. Weinbach/Beachwalk
Development, Inc. reached a comprehensive settlement that alleviates Mr. Weinbach's
future responsibility for maintaining the ponds, Mr. Weinbach would obviously be upset if
he were to learn that the only maintenance that the homeowners were required to do
consisted of a relatively small amount of backhoe work along the edge of the ponds. Mr.
Weinbach's agreement to pay $100,000.00 to settle all disputes with the HOA was based
upon the understanding that sediment would have to be removed to the original design
depth in order to comply with the maintenance provisions in the permit. This was
apparently the understanding of the HOA throughout negotiations as the HOA initially
rejected Mr. Weinbach's $100,000.00 offer and only accepted it after Mr. Weinbach
indicated that he was going to do the work himself.
If enough sediment was removed by using a backhoe at the bank's edge, then all
parties were misled by the four contractors with whom we solicited bids prior to reaching
the settlement. In fact, each of the four entities who submitted a bid to remove sediment
indicated that a crane/boom system, dredge barge or dike system would need to be
implemented in order to remove the required amount of sediment.

Ms. Linda Lewis
August 9, 2004
Page 2
Experts with whom I have spoken have unanimously opined that it would be
impossible to remove the amount of sediment necessary to comply with the maintenance
permit by utilizing a backhoe from the bank's edge. I am not privy to any dialogue between
the HOA and your office and, therefore, have no way of knowing what has been
represented to you with respect to any maintenance that has been performed by the HOA
since the settlement. However, if you have received an engineering opinion that the
amount of sediment necessary to bring the pond to its original design has been removed,
then I suggest that the certification is inaccurate.
I am cognizant of the fact that you do not need me or any other lawyer advising you
how to do your job and that is certainly not the intent of this correspondence. However, it
is extremely important to me personally that the integrity of my advice to one of my better
clients not be compromised by the state of North Carolina not requiring the homeowners
to act in the same manner that Mr. Weinbach was expected to act when he was
responsible under the permit. If possible, I ask that you please let me know whether the
HOA has advised you that the pond is now in compliance and if so, the name of the
individual or entity that made such representation to your office.
Based on the information we have received, it is apparent that the HOA finds this
matter to be quite comical. To the contrary, both myself and Mr. Weinbach negotiated at
all times in good faith with the HOA. It is my sincere hope that I do not lose respect for my
opposing counsel or representatives of the HOA if I were to learn that they negotiated in
bad faith or lose confidence in the state of North Carolina if it were to not enforce uniformly
the maintenance requirements of the permit.
Very truly yours,
Z5( "0&"
G. Edward Coleman, III
GECIII/bz
cc: Mr. Robert Weinbach
By fax: [phone]
S:\Geclll\WeinbachRobt\Beachwalk-Kure Beachlewis.1tr9.wpd

RECEIVFD
HOGUE, HILL, JONES, NASH & LYNCH, L.L.R
JUN 1 12004
BY:
W. TALMAGE JONES
DAVID A. NASH
WILLIAM O. J. LYNCH
JAMES B. SNOW III
WAYNE A. BULLARD
STACEY L. FULLER
G. EDWARD COLEMAN III
ATTORNEYS AT LAW
101 SOUTH THIRD STREET
WILMINGTON, NC 28401
June 9, 2004
Ms. Linda Lewis
North Carolina Division of
Water Quality
127 Cardinal Drive Extension
Wilmington, NC 28405
RE: Beachwalk at Kure Beach
Our File 279-GEC-02
Dear Ms. Lewis:
MAILING ADDRESS
P.O. DRAWER 2178
WILMINGTON, NC 28402
TELEPHONE [phone]
FACSIMILE 910-762-6687
OF COUNSEL
CYRUS D. HOGUE, JR.
WILLIAM L. HILL, II (1931-2001)
This will confirm that I spoke with Mr. Bob Weinbach earliertoday regarding information that
he has learned regarding the remediation work at Beachwalk. As you know, Mr. Weinbach and the
Beachwalk Homeowner's Association reached a settlement several weeks ago when Mr. Weinbach
paid $100,000.00 for a complete release of any and all claims, known or unknown, between the
Beachwalk HOA and Mr. Weinbach individually and his various corporate entities.
The premise of Mr. Weinbach's aforementioned settlement with the Beachwalk HOA was
based on several factors including, but not limited to, the following:
(1) The State of North Carolina advising Mr. Weinbach that he, as Permitee, was
responsible for bringing the ponds into compliance, including restoring the ponds
to their original design depth;
(2) The survey that was performed by Hanover Design Services, Inc. reflecting the
amount and areas of sediment build up; and
(3) Estimates from four reputable pond remediation companies ranging from
$80,000.00 to $525,000.00. Please note that the most reputable company,
Retention Pond Services, Inc., bid $160,000.00.
According to all of the contractors with whom we spoke, a significant amount of time and
resources would need to be utilized in order to remove the sediment necessary to bring the ponds
into compliance. Each contractor advised us that it would be impossible to remove the necessary

Ms. Linda Lewis
June 9, 2004
Page 2
amount of sediment without implementing some type of barge or boom/crane system to remove
sediment from the middle areas of the ponds.
While I have not been able to confirm the information that we recently received, you should
be aware that we have heard that the HOA spent between $10,000.00 and $12,000.00 to have a
backhoe sit on the respective banks of both ponds and remove sediment. I am not sure if the
ponds have now been certified or if any form of representation has been made to your office that
the appropriate amount of sediment has been removed. Based on my conversations with Mr.
David Hollis at Hanover Design as well as other engineers and contractors, I find it very difficult to
believe that the appropriate amount of sediment could be removed at the appropriate places by
simply utilizing a backhoe from the bank of the respective ponds especially when considering the
size of each pond.
have neither reason to nor an intention to question the manner in which your office carries
out its duties. However, given the good faith in which Mr. Weinbach negotiated the settlement with
the HOA, i sincerely hope that your office will inspect whatever measurements or certification is or
has been submitted by the HOA. As you were advised previously, Mr. Weinbach's initial
$100,000.00 offer to settle this lawsuit was rejected after mediation as the full board overrode the
conditional acceptance of the $100,000.00 offer by the board members who were present at
mediation.
I hope that you will accept this correspondence in the spirit within which it is written. My
client and I simply request and trust that the Beachwalk HOA will be held to the same standards
that Mr. Weinbach has previously been held under the Beachwalk permit. If the Beachwalk HOA
has been able to perform the necessary work to comply with the permit and statutory requirements
by using a backhoe positioned on the bank of each pond, then I commend their efforts. However,
I reiterate that such an effort flies in the face of what I have been unanimously told by the engineers
and contractors with whom I have spoken.
As always, I sincerely appreciate your cooperation and please call me if you have any
questions.
Very truly yours,
9WC4W'fl
G. Edward Coleman, III
GECIII/bz
cc: Mr. Robert Weinbach
By fax: [phone]
S:IGeclll\WeinbachRobt\Beachwalk-Kure Beach\Lewis.1tr8.wpd