SW8881202_Historical File_20230419

r '
Johnson, Kelly
From: Johnson, Kelly
Sent: Wednesday,April 19, 2023 10:57 AM
To: Mike Hafling
Cc: Rainier Gil
Subject: RE: [External] Impervious-Bricklanding Oakbrook III (SW8 881202)
Mr. Hafling,
If the stormwater system is now owned by the HOA and the project is constructed,then we will need to transfer the
permit to the HOA. Then,the minor modification can be processed after that. If Mr.Wells cannot be located,there is a
way to transfer the permit to the HOA without his signature. If you open the transfer form,choose Item 3 of Section B
to have only the proposed permittee sign. Transfers can be complicated so if you have questions, please let me know.
Kelly
FCC°LLl Jokiin,soV�
Kelly Johnson
Environmental Engineer
NC Division of Energy, Mineral and Land Resources
Stormwater Permitting
127 Cardinal Drive Extension
Wilmington, NC 28405-3845
Phone: [phone]
From: Mike Hafling<[e-mail]>
Sent:Wednesday,April 19,2023 10:24 AM
To:Johnson, Kelly<[e-mail]>
Cc: Rainier Gil<[e-mail]>
Subject: RE: [External] Impervious-Bricklanding Oakbrook III (SW8 891202)
CAUTION:External email.Do not click links(or open attachments unless verirfied.Report sispicious mails with the kepoit Mes$ ,fie
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Kelly—
I need some guidance here. The existing permit(881202) is held by Brick Landing Plantation and in the name of Charles
Wells. We want to make the name change but the individual is no longer a resident and I must assume he has passed
away as a search has not resulted in any results of residency anywhere in the county.. it appears that he was the HOA
President in 1994 when the permit was obtained.
The property is owned by Brick Landing Master Community Association and needs to be the continued permit holder.
How can I complete a name change if the current applicant name cannot be found or is deceased?(section B.
certification of permittee needs his signature)

Thank you!!
mh
Michael Hafling, P.E.*
President Emeritus I CAS Constructors, LLC
mike.hafling(a�casconstructors.com
—*licensed in KS,MO,NC,VT,FL
C +1.785.231.3058
CAS
Confidentiality Notice-This electronic message may contain confidential information intended for the recipient only.If you are not the intended
recipient of this message,please disregard its contents,and destroy the message,together with any electronic or other forms of it.We also ask you
notify the sender if you have received this message in error.
From:Johnson, Kelly<keliv.p•[e-mail]>
Sent:Wednesday,April 19,2023 9:23 AM
To: Rainier Gil<[e-mail]>
Cc: Mike Hafling<[e-mail]>
Subject: RE: [External] Impervious-Bricklanding Oakbrook III (SW8 891202)
Mr. Gil,
It looks like this subdivision has a single pond that all of the lots drain to. I think you are proposing to take some
impervious area from one lot and use it on another lot? If that is the case,then please apply for a minor modification
[deo.nc.govl to document the re-allocation of impervious area between the two lots. You will also have to deed restrict
the revised values. Please also submit the Residential Subdivision Form and copies of both surveys. Once you apply for
the modification, it will be assignd to an engineer here and they will be in touch if we have further questions.
Thanks,
Kelly
K.eLLJokvLsovu
Kelly Johnson
Environmental Engineer
NC Division of Energy, Mineral and Land Resources
Stormwater Permitting
127 Cardinal Drive Extension
Wilmington, NC 28405-3845
Phone: [phone]
From: Rainier Gil<[e-mail]>
Sent:Wednesday,April 19,2023 8:31 AM
To:Johnson, Kelly<[e-mail]>
Cc: Mike Hafling<[e-mail]>; Rainier Gil<RPGBuilders![e-mail]>
Subject: [External] Impervious-Bricklanding Oakbrook III
2

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button located on your Oi iook menu bar cn the Home tab.
Good morning Kelly,
Hope you are well.
In an effort to ensure we keep with the requirements of the permit,we have prepared an as-built boundary survey for
1752 Forest Oak to assess the amount of impervious area.As you will note from the attached document, it has 3401 sq
ft impervious. We would like to use 500 sq ft and allott it to 1731 Linkside increasing its total allowed impervious to 5000
sq ft. with current proposed 4878.6 sq ft.
In summary, lot 1752 will be allowed a total of 4000 sq ft, current use 3401 sq ft total and 1731 will be allowed a total of
5000 sq ft with proposed 4878.6 sq ft.
If you agree with this we can move forward and have the property deeds updated to reflect the impervious limits for
each lot. I would also use your correspondence of approval to share with Brunswick County Permitting to ensure they
also have a record of compliance and approve a permit for construction.
Thank you much.
3

Johnson, Kelly
From: Johnson, Kelly
Sent: Friday, March 31, 2023 1:56 PM
To: 'Mike Hafling; Freeman,Aisia L
Cc: Rainier Gil
Subject: RE: [External] FW: Brick Landing Oakbrook III - State Stormwater(SW8 881202)
I think I misunderstood what you were asking for. It sounds like you would like to have the whole file scanned? If that is
the case we can arrange for that. It is$35/in, and the scanning company rounds up to the next inch. This file is—1". It
will probably be$35 but it could be$70. Aisia is out of the on leave through early next week. But,when she returns she
can help organize that. (Also, FYI,we use a private scanning company and we cannot control their schedule. This could
take some time.)
Thanks,
Kelly
KeLLJohwsow
Kelly Johnson
Environmental Engineer
NC Division of Energy, Mineral and Land Resources
Stormwater Permitting
127 Cardinal Drive
Wilmington, NC 28405-3845
Phone: [phone]
From: Mike Hafling<[e-mail]>
Sent: Friday, March 31, 2023 1:37 PM
To:Johnson, Kelly<[e-mail]>; Freeman,Aisia L<[e-mail]>
Cc: Rainier Gil<[e-mail]>
Subject: RE: [External] FW: Brick Landing Oakbrook III -State Stormwater(SW8 881202)
ICAUTION:External email.Do not curia links cr open etachmenti unl,..ss you verity.Send a?i suspicious omail as an,attachment c
Report Spam.
Wow...again. Back then was there really no submitted plans or calcs that were a part of the permit?
I will get the ball rolling to try to get the permittee changed and can then follow what is here for future approvals or
rejections.
Thanks again.
mh
Michael Hafling, .Q.E

President Emeritus I CAS Constructors, LLC
® mike.hafling©casconstructors.com
•Licensed in KS,MO,NC,VT,FL
C +1.785.231.3058
CAS
Confidentiality Notice-This electronic message may contain confidential information intended for the recipient only.If you are not the intended
recipient of this message,please disregard its contents,and destroy the message,together with any electronic or other forms of it.We also ask you
notify the sender if you have received this message in error.
From:Johnson, Kelly<[e-mail]>
Sent: Friday, March 31, 2023 12:56 PM
To: Mike Hafling<[e-mail]>; Freeman,Aisia L<[e-mail]>
Cc: Rainier Gil <[e-mail]>
Subject: RE: [External] FW: Brick Landing Oakbrook III -State Stormwater(SW8 881202)
The "Certificate of Compliance"was the old word for"permit". It is the document I sent yesterday.
Thanks,
Kelly
Kelly Johnson
Environmental Engineer
NC Division of Energy, Mineral and Land Resources
Stormwater Permitting
127 Cardinal Drive
Wilmington, NC 28405-3845
Phone: [phone]
From: Mike Hafling<[e-mail]>
Sent: Friday, March 31, 2023 10:08 AM
To:Johnson, Kelly<[e-mail]>; Freeman,Aisia L<[e-mail]>
Cc: Rainier Gil<[e-mail]>
Subject: RE: [External] FW: Brick Landing Oakbrook Ill -State Stormwater(SW8 881202)
CAUTION:External email.Do not click links or open attachments unless you verify.Se-1 all suspicious email as an attachment to
Report . m,
Can you give me a price and method to get a hard copy of the existing permit. The permit holder will need to change
but I need the full permit data to assure no other things have changed. We can then make application change of permit
holder.
Thank you
mh
2

Michael Hafling, P.E.*
President Emeritus I CAS Constructors, LLC
iikedin.com] mike.hafling©casconstructors.com
'Licensed in KS,MO,NC,VT,FL
C +1.785.231.3058
CAS
Confidentiality Notice-This electronic message may contain confidential information intended for the recipient only.If you are not the intended
recipient of this message,please disregard its contents,and destroy the message,together with any electronic or other forms of it.We also ask you
notify the sender if you have received this message in error.
From:Johnson, Kelly<[e-mail]>
Sent:Wednesday, March 29, 2023 10:33 AM
To: Mike Hafling<[e-mail]>
Cc: Freeman,Aisia L<[e-mail]>
Subject: RE: [External] FW: Brick Landing Oakbrook III -State Stormwater(SW8 881202)
Please see the 7th page. Is this what you are looking for? If not,we can arrange to scan the file.
Kelly
FCeLLl�Jaknsavt,
Kelly Johnson
Environmental Engineer
NC Division of Energy, Mineral and Land Resources
Stormwater Permitting
127 Cardinal Drive
Wilmington, NC 28405-3845
Phone: [phone]
From: Mike Hafling<[e-mail]>
Sent:Wednesday, March 29, 2023 10:27 AM
To:Johnson, Kelly<[e-mail]>
Cc: Freeman,Aisia L<[e-mail]>
Subject: RE: [External] FW: Brick Landing Oakbrook III -State Stormwater(SW8 881202)
CAUTION:External email.Do not click links or open attachments unless you verify,Send ail sucpisious email,as an attachment to
Report Spam.
Thanks!
I thought that you had told Ranier Gill that they were limited to 4500 sf per lot. That is what I need to find so that if that
is the case we can catch those things at our level before it gets to you.
3

•
mh
Michael Hafling, P.E.*
President Emeritus I CAS Constructors, LLC
ikedin.com] mike.haflingna casconstructors.com
*Licensed in KS,MO,NC,VT,FL
C +1.785.231.3058
CAS
Confidentiality Notice-This electronic message may contain confidential information intended for the recipient only.If you are not the intended
recipient of this message,please disregard its contents,and destroy the message,together with any electronic or other forms of it.We also ask you
notify the sender if you have received this message in error.
From:Johnson, Kelly<[e-mail]>
Sent:Wednesday, March 29, 2023 10:19 AM
To: Mike Hafling<[e-mail]>
Cc: Freeman,Aisia L<[e-mail]>
Subject: RE: [External] FW: Brick Landing Oakbrook III State Stormwater(SW8 881202)
Mr. Hafling,
I have cc'd my co-worker,Aisia Freeman. She can help in arranging for the file to be scanned. I have not gone through
the file to see if that type of detail is in there. It may be a bit of a research project. Files from that era were not as
complete as we would require them to be today. But,we are happy to share what we have.
Thanks,
Kelly
K,eLLJ oklA,SOlA,
Kelly Johnson
Environmental Engineer
NC Division of Energy, Mineral and Land Resources
Stormwater Permitting
127 Cardinal Drive
Wilmington, NC 28405-3845
Phone: [phone]
From: Mike Hafling<[e-mail]>
Sent:Wednesday, March 29, 2023 9:59 AM
To:Johnson, Kelly<[e-mail]>
Subject: RE: [External] FW: Brick Landing Oakbrook III -State Stormwater(SW8 881202)
CAUTION:External email.Dt:not click links or open ...ttachments unless you verify.Send all suspicious email as an attachment to
Report Spam.
Wow..
Thank you for this. How would I get the file scanned and paid for?
4

I am really looking for the detail related to individual lots impervious requirements that may be contained in the
submitted permit data. I want to make sure the we comply.
Again thanks for this.
mh
Michael Hafling, P.E.
President Emeritus I CAS Constructors, LLC
aDikedin.co m] [e-mail]
*Licensed In KS,MO,NC,VT,FL
C +1.785.231.3058
CAS
Confidentiality Notice-This electronic message may contain confidential information intended for the recipient only.If you are not the intended
recipient of this message,please disregard its contents,and destroy the message,together with any electronic or other forms of it.We also ask you
notify the sender if you have received this message in error.
From:Johnson, Kelly<[e-mail]>
Sent:Wednesday, March 29, 2023 9:40 AM
To: Mike Hafling<[e-mail]>
Subject: RE: [External] FW: Brick Landing Oakbrook III-State Stormwater(SW8 881202)
Mr. Hafling,
The permit is attached. It was issued back in 1994, and back then there was not a lot of detail in the permit itself. We
can arrange to have the file scanned at your expense if you would like. Or I can arrange to set up an appointment for
you to come see the file.
Kelly
KeLLI�ohv,soVt.
Kelly Johnson
Environmental Engineer
NC Division of Energy, Mineral and Land Resources
Stormwater Permitting
127 Cardinal Drive
Wilmington, NC 28405-3845
Phone: [phone]
From: Mike Hafting<[e-mail]>
Sent:Tuesday, March 28,2023 10:35 AM
To:Johnson, Kelly<[e-mail]>
Subject: [External] FW: Brick Landing Oakbrook III-State Stormwater(SW8 881202)
5

CAUTION:External email Do not click links or open attachments unless you verify.Send all suspicious email as an attachment to
Report Spam.
Kelly—
Mr. Gill forwarded this message to me related to a potential house in the Oakbrook III area.
I am the current ARC Committee chair and working with Rainier to figure this one out. I have gone to the State website
to locate the SW permit and it is not filed electronically. Is there a way to obtain a copy of this? You have some great
ideas for calculating,analyzing or changing the BUA. I would just like to obtain a copy of this past permit. It does not
appear to be in our electronic files either.
I left you a long message on your voice mail BTW
Thank you
mh
Michael Hafling, P.E.*
President Emeritus I CAS Constructors, LLC
frikedin.com]mike.haflingCacasconstructors.com
*Licensed in KS,MO,NC,VT,FL
C +1.785.231.3058
CAS
Confidentiality Notice This electronic message may contain confidential information intended for the recipient only.If you are not the intended
recipient of this message,please disregard its contents,and destroy the message,together with any electronic or other forms of it.We also ask you
notify the sender if you have received this message in error.
From: Rainier Gil<[e-mail]>
Sent:Tuesday, March 28, 2023 10:11 AM
To: Mike Hafling<[e-mail]>
Subject: Fwd: Brick Landing Oakbrook III -State Stormwater(SW8 881202)
Rainier A. Gil
Begin forwarded message:
From: "Johnson, Kelly" <[e-mail]>
Date: March 28,2023 at 9:56:35 AM EDT
To: [e-mail]
Subject: Brick Landing Oakbrook Ill-State Stormwater(SW8 881202)
Mr. Gillet,
6

There are a couple of approaches homeowners can use for any desired "extra" BUA on their lots:
1. Confirm the BUA constructed on their lot and that it is being counted accurately. For instance,is
there any landscaping material that is being counted as BUA that would actually be pervious or
is the building BUA based on the foundation footprint and excludes the roof overhang? Please
reference GS 143.214.7 (b2) and Chapters A-4 and E-2 of the Stormwater Design Manual
fdeq.nc.govl for clarification.
2. Work with the permittee to take advantage of and reallocate any permitted future BUA
allocation or unclaimed density allowed under the rules (i.e.the development is allowed 25%
but they only permitted 20%). This option requires the permittee to submit a modification to
the permit and updated deed restrictions to be recorded.
3. If the project is high density but does not include a future BUA allocation,work with the
permittee to have a licensed professional evaluate the SCM to see if it has extra capacity(either
in the design condition or the as-built condition)to handle an increase in the BUA within that
drainage area.This option requires the permittee to submit a modification to the permit and
updated deed restrictions to be recorded.
4. Work with the permittee to identify if there is a donor lot available within the same subdivision
permit(and same drainage area,if high density)that could "gift"some of its BUA allocation.
Donor lots that have already been built will need to be surveyed to confirm their as-built BUA
and confirm the amount available that can be gifted to a lot that has or wants to exceed its BUA
limit.This option requires the permittee to submit a modification to the permit and updated
deed restrictions to be recorded for both lots.
5. If it is desired to use#57 stone installed per G.S. 143-214.7(b2),work with the permittee to
modify the subdivision's permit to add the#57 stone profile to the approved plan set and
include that option in the permit conditions. The responsibility to monitor the installation and
use of this surface will fall to the permittee and/or their designee,such as the Architectural
Review Committee(ARC).
6. If a single family lot would like to use infiltrating permeable pavement to get BUA credit to stay
within their BUA allocation and the option is not already written into their permit,then there
are two options to ensure compliance with the infiltrating permeable pavement MDC,described
in Chapter C-5 of the Stormwater Design Manual f deq.nc.govl:
1. Work with the permittee to modify the subdivision's permit to approve infiltrating
permeable pavement on that individual's lot on behalf of the lot owner. In this case,the
permittee and the homeowner would need to determine who is responsible for the
requirements associated with that surface, such as maintenance and ensuring the
certification is completed. The benefit of this option is that overall subdivision permit
will be comprehensive,the number of permits issued within the subdivision are limited
which will reduce the chance of compliance issues, it avoids the need to renew this
individual permit every 8 years ($505 application fee),and it avoids the requirement
(and $505 application fee)to transfer the permit when the homeowner sells their lot.
2. Work with the permittee to modify the subdivision's permit to allow the Architectural
Review Committee (ARC)or other designee to review applications for individual lots to
use infiltrating permeable pavement. The responsibility to review the applications will
fall to the permittee and/or their designee,such as the Architectural Review Committee
(ARC)or a selected licensed professional. The requirements and process would be
clearly laid out in the modified permit text and will require updated deed restrictions to
be recorded. It is somewhat uncommon for an ARC to want to oversee this process;
especially since there are now formal permeable pavement minimum design criteria
(MDC) in the regulations.
7. If a single family lot within a high density development proposes another type of SCM besides
permeable pavement,work with the permittee to modify the high density permit to now
include a new SCM and area of high density, permitted under the 2017 rules,for the increased
BUA on this lot. This option requires the permittee to submit a modification to the permit for
these improvements and requires updated deed restrictions to be recorded along with the O&M
for that lot. Other requirements, including those listed in .1050(10),would also need to be met.
Several chapters of the NC DEO: Stormwater Design Manual fdeq.nc.govl can be a useful resource,
including Chapter A-4, C-5,and E-2. The application forms necessary to modify the subdivision permit
can be found on the following websites: NC DEQ: New Permits&Permit Modifications fdea.nc.govl,
Stormwater Design Manual I NC DEQ fdeo.nc.govl,and Post-Construction Forms I NC DEQ fdeq.nc.govl

If you have further questions, please let me know.
Thanks,
Kelly
FCeLL JoYiln,colU
Kelly Johnson
Environmental Engineer
NC Division of Energy, Mineral and Land Resources
Stormwater Permitting
127 Cardinal Drive
Wilmington, NC 28405-3845
Phone: [phone]
8

Johnson, Kelly
From: Johnson, Kelly
Sent Thursday, March 30, 2023 9:23 AM
To: Rainier Gil
Cc: Mike Hafling
Subject RE: [External] 1731 Linkside Way Brick Landing Oakbrook III (SW8 881202)
Mr. Gil,
If Charles Wells,the current permittee,sold the property and if the HOA now owns the land with the stormwater system
then the HOA could apply to transfer the permit into their name per GS 143-214.7(c5). That is$505. Then,the HOA
could apply to modify the permit to re-allocate the impervious area. If there is no increase in the BUA and you just
move BUA between lots,then that is a minor modification ($0). If you end up needing permeable pavement then that
would be a major modification ($505). This unfortunately is not a simple system.
Kelly
fceLl,u jDklVA50V1.
Kelly Johnson
Environmental Engineer
NC Division of Energy, Mineral and Land Resources
Stormwater Permitting
127 Cardinal Drive
Wilmington, NC 28405-3845
Phone: [phone]
From: Rainier Gil<[e-mail]>
Sent:Thursday, March 30, 2023 9:16 AM
To:Johnson, Kelly<[e-mail]>
Cc: Mike Hafling<[e-mail]>
Subject: Re: [External] 1731 Linkside Way-Brick Landing Oakbrook III (SW8 881202)
CAUTi0?4:i:Eternai email. Do nckelick links or open attachrnents unless yr}u verify,Send all suspicious email as ln amochrrent to
Report Spam.
Thank you for your prompt response.What would entail having the permit modified with timeline and cost? If you could
help with this would be very helpful.
Thank you
Rainier A. Gil
On Mar 30, 2023,at 9:05 AM,Johnson, Kelly<[e-mail]>wrote:
Mr. Gil,
1

I have attached an email chain from yesterday with Mr. Hafling to keep this altogether. If you scroll
down that email to my email from 9:56am yesterday,the situation you are requesting is item#4 of that
email. But, it would still require a permit modification and revised deed restrictions. (And,the donor lot
would have to be in the drainage area of the same pond as the lot receiving the "extra"
impervious.) Also, my experience with this is that donor lots generally sell BUA rather than give BUA.
If you have further questions please let me know.
Kelly
K LL jJ ok VLSD v�
Kelly Johnson
Environmental Engineer
NC Division of Energy, Mineral and Land Resources
Stormwater Permitting
127 Cardinal Drive
Wilmington, NC 28405-3845
Phone: [phone]
From: Rainier Gil<[e-mail]>
Sent:Wednesday, March 29, 2023 4:10 PM
To:Johnson, Kelly<[e-mail]>
Cc: Mike Hafling<[e-mail]>
Subject: [External] 1731 Linkside Way
CAUTION:External email [i not click'Inks or-pen attache*lLe+it::or,less ycu verify.Send all suspicious email as ar,
:itarhntent`,. Report Spam.
Good afternoon Kelly,
Want to first thank you so much for working so closely with Mike in reviewing the permit for Oakbrook
III in Brick Landing.
Trying to change the permit and covenants would be very tedious and expensive for anyone.As an
alternative would you consider the following proposal.We would obtain the survey for another existing
property that has less than 4500 sq ft impervious and credited it to the subject project.This would be
done using an as-built survey with less than 4500 sq ft, and credit the difference to the subject property
giving it the larger impervious area.The deeds for both properties would be recorded to reflect
the impervious limits.This would not affect the overall impervious calculator for the permit.
Please let me know if this would be acceptable.
Thank you so much.
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2

Casmer, Jo
From: Casmer, Jo
Sent: Monday, May 04, 2015 2:23 PM
To: Sabrina Babson (sbabson©eces.biz)
Subject: Brick Landing Oakbrook III
Attachments: 1994 04 permit 881202.pdf
Attached as requested.
Jo Casmer
Administrative Assistant for DEMLR/Stormwater Section
NC Department of Environment&Natural Resources
127 Cardinal Drive Extension
Wilmington, NC 28405
Phone: [phone] •
Fax: [phone]
Email correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third
parties
1