SW8030107_COMPLIANCE_20101003

PERMIT NO.
STORMWATER DIVISION CODING SHEET
POST -CONSTRUCTION PERMITS
sw /off
DOC TYPE ❑ CURRENT PERMIT
❑ APPROVED PLANS
❑ HISTORICAL FILE
COMPLIANCE EVALUATION INSPECTION
DOC DATE �-
YYYYMM D D

Ai1' North Carolina Department of Environment and Natural Resources
�..�,.
NCDENR ONE -STOP MEETING REQUEST
FILL-IN all the information below. FAX or Email the completed form to the Coordinator.
• Asheville Region - Alison Davidson 828-296-4698; alison.davidson0mcdenr.gov
• Fayetteville/Raleigh Region - David Lee 919-791-4203; david.lee(Oncdenr.gov
• Mooresville/Winston Salem - Patrick Grogan 704-663-3772, Patrick.- rogan(&ncdenr.gov
• Washington Region Lyn Hardison 252-946 9215; lYn.hardison(rDncdenr.gov
• Wilmington Region - Cameron Weaver 910-350-2004, cameron.weave►Ancmail.net
Project Name: South Branch Bradley Creek 1 Michelle Drive Drainage Improvement Project SAW-2009-01827 County: NEW HANOVER
Applicant: CITY OF WILMINGTON STORM WATER SERVICES
Address:209 Coleman Dr. 2301
Wilmington, NC 28412
Phone: [phone] Fax: Email: webmaster@wilmingtonnc,gov
Physical Location of Project: Along drainage channels to South Branch Bradley Creek from Hinton Rd to South Branch Bradley Creek near
Andover Road in Wilmington, NC and from Forest Drive to Surry Downs Rd along South Branch Bradley Creek in Wilmington, NC.
Consultant: ENTRIX
Address: 3141 John Humphries Wynd Suite 265
Raleigh, NC: 27612:
Phone: [phone] Fax: [phone] Email Amoore entrix.com
Engineer: Dewberry & Davis, Inc.
2301 Rexwood Drive, Suite 200
Raleigh, NC 27607
Phone: [phone] Fax: [phone] Email: [e-mail]
Agencies Involved: Check all agencies that may be involved with project:
® Marine Fisheries ® National Marine Fisheries ® U.S. Fish & Wildlife ® Wildlife Resources
® Coastal Management ® Land Resources ® U.S. Army Corps of Engineers ® Shellfish Sanitation
❑ Aquifer Protection ® Water Quality:.(x Stormwater, x 4011buffer, X NPDES) ❑ Public Water Supply
❑ Air Quality ❑ Solid Waste ❑ UST ❑ Other ❑ Other ❑ Other
Narrative: The City of Wilmington, NC is proposing to implement watershed improvements to reduce structural
flooding and improve emergency access. The South Branch Bradley Creek/Michelle Drive Drainage Improvement
Project will include providing drainage relief to properties along a portion of the South Branch of Bradley Creek and
in the areas surrounding Michelle Drive and connect the disjointed segments of public drainage easements to allow
for permanent maintenance access. These aims are consistent with the City Stormwater Department's Mission
Statement to "maintain and improve the public drainage system for protection of our community and the
environment." A detailed listing of proposed project components follows:
NCDENR One Stop Meeting
April 2009

F
1. The Vegetated Management Area (VMA) along SB Bradley Creek was qualitatively evaluated for species
composition, canopy coverage, invasive species density, and relative width. These areas represent existing
natural stream buffers remaining within the predominantly residential neighborhood. The City will be
maintaining these areas where feasible.
2. Culvert sizes on the South Branch of Bradley Creek will be upgraded at Surry Down Court, Forest Cove
Private Road, Andover Road, Summerlin property private drive, Bateman property yard culverts and Forest
Avenue to meet 10-year future Level of Service.
3. Channel cross sections on the South Branch of Bradley Creek will be expanded from the confluence with the
tributary upstream of Andover Road to the Forest Cove Private Road culvert to meet 10-year future Level of
Service. The proposed cross section will include a meandering pilot channel for base flow and floodplain
benches that will be re -vegetated with a wetland seed mix. The channel grade will also be lowered by up to
two feet through this segment to match the proposed culvert inverts.
4. The remaining channel segments on the South Branch of Bradley Creek will be improved by non -mechanical
clearing and snagging to remove debris and invasive species.
5. The tributary to South Branch of Bradley Creek will be upgraded with parallel culverts to the existing Shell
Road Village culvert and installation of a single trunk drainage system along Michelle Drive and Anne
Drive to replace the roadside ditch and driveway culvert system.
G. Channel cross sections on the intermittent tributary will be expanded from the Shell Road Village outfall to
the confluence with the South Branch of Bradley Creek to meet 10-year future Level of Service. The
channel grade will also be lowered by up to two feet through this segment to match the proposed
downstream channel and improve conveyance capacity.
7. Channel cross sections on the intermittent tributary will be expanded from Michelle Drive to Wrightsville
Ave. to meet 10-year future Level of Service. The channel grade will also be lowered by up to one foot
through this segment to match the proposed upstream culvert invert.
8. The drainage pattern through the Black Property will be modified to meet 10-year future Level of Service
and improve conveyance capacity. The existing `fire break' overflow conveyance from Hinton Townhomes
sediment basin will be re -directed to a trapezoidal channel following the property boundary. This location is
based on negotiated easement from the property owner that will allow permanent maintenance by City staff.
No development or added impervious area is proposed in this project. The project will be funded through the use of
City Stormwater Utility fees.
Wetlands and jurisdictional waters were delineated and surveyed along the entire project corridor, and an approved
jurisdictional determination was conducted by the Army Corps of Engineers on January 4, 2010.
NCDENR One Stop Meeting
April 2009

,t
South Branch Bradley Creek Jurisdictional Waters: The South Branch of Bradley Creek is a first order perennial
non -tidally influenced stream with a drainage area of approximately 0.66 mil. The creek flows into a tidally
influenced branch of Bradley Creek below a weir dam at Surrey Downs Road. Riparian wetlands along the South
Branch of Bradley Creek can best be described as human impacted headwater swamp wetlands. These riparian
wetlands are dominated by hardwood communities, and hydrology is received in most cases from overbank flow.
The ecology of South Branch Bradley Creek has been impacted over time by historic channelization, lawn and other
structural maintenance by adjacent landowners, and the proliferation of invasive plant species in the buffer zone.
The riparian zones in the project corridor along South Branch Bradley Creek include sections of forested buffers
interspersed with managed lawns. The forested buffers include typical canopy and understory species for the North
Carolina Coastal ['lain. Invasive shrubs are prevalent in most of the buffer zones. These are dominated by privet
with lesser amounts of honeysuckle. Lawns are often mowed to the top of the channel banks and are covered with a
variety of turf grasses.
Proposed culvert upgrades along the South Branch of Bradley Creek are expected to permanently impact
approximately 0.28 acres of jurisdictional waters including 311 linear feet of Relatively Permanent Waters (RPW)
of South Branch Bradley Creek as well as adjacent riparian wetlands. These permanent impacts will include rip rap
pad outlet and inlet protection, headwall construction, and in some cases, culvert extensions at culvert upgrades.
Proposed channel improvements are expected to temporarily impact approximately 1,139 linear feet of stream
including approximately 0.4 acres of jurisdictional waters that include the channel and adjacent riparian wetlands.
Natural vegetative condition will be restored in proposed channel improvements and natural channel design
elements will be implemented in the proposed pilot channel.
Jurisdictional Waters along Intermittent Tributary from Shell Road Village Outfall to Confluence with South
Branch Bradley Creek: This channel system flows from a small detention pond in Shell Road Village just North of
Wrightsville Avenue as well as an extensive stormwater drainage network south of Wrightsville Avenue. This
tributary flows in an L-shape pattern from the detention pond at Shell Road Village to the confluence with South
Branch Bradley Creek. This tributary system was determined to be a RPW during site visits by US Army Corps of
Engineers personnel. ENTR[X personnel determined the tributary to be intermittent using the North Carolina
Division of Water Quality intermittent and Perennial Stream Identification Form. The tributary has a thin buffer
consisting of mostly invasive plant species. Land surrounding the ditch is managed up to the top of bank for turf
grasses. No riparian wetlands were delineated along the tributary from Shell Road Village to the confluence with
the South Branch of Bradley Creek.
Proposed culvert upgrades along this tributary are expected to permanently impact approximately 0.02 acres of
jurisdictional waters including 40 linear feet of jurisdictional RPW. Proposed channel improvements are expected
NCDENR One Stop Meeting
April 2009

1
to temporarily impact approximately 747 linear feet of jurisdictional RPW or 0.11 acres of jurisdictional waters
including the channel and adjacent riparian wetlands. 'Che proposed channel improvements will be restored to
existing natural vegetative conditions.
Jurisdictional Waters along Existing Channels from Michelle Drive to Wrightsville Avenue: Roadside stormwater
ditches along Michelle Drive constitute the beginning of the project corridor where there are existing stormwater
channels. Wetlands and ditches were delineated along Michelle Drive and through city property along an existing
stormwater ditch south of Michelle Drive. From the City property, the channel turns north to a pipe that conveys
stormwater underneath Wrightsville Avenue to Shell Road Village. The channel in this section was determined to
be an RPW at a point approximately 200 feet south of Michelle Drive and downstream through Shell Road Village
to the confluence of South Branch Bradley Creek. Ditches upstream of this point and approximately 150 feet west
along both sides of Michelle Drive were determined to be linear wetlands.
A small, approximately 0A acre, human impacted hardwood flat wetland north of Michelle Drive was also
delineated. The source of hydrology to this wetland is impounded water from downstream ditches and stormwater
drainage from properties along Michelle Drive, a cul-de-sac north of the wetland on Renee Drive, and properties
that drain underneath Wrightsville Avenue from Andover Road. Residential properties abut this wetland to the east
and west. No direct impacts are expected for this wetland. Proposed culvert improvements will instigate more
positive flow from this stormwater drainage system into ditches south of Michelle Drive to reduce stormwater
flooding at this location.
Proposed channel improvements in this section of the project are expected to temporarily impact approximately
0.34 acres of jurisdictional waters including linear wetlands and the RPW starting 200 feet south of Michelle Drive.
Permanent impacts are expected at roadside stormwater ditches identified as linear wetlands during US Army Corps
of Engineers site visits. These include two small ditches along the south side of Michelle Drive and one ditch along
the north side of Michelle Drive. These permanent impacts will include approximately 0.03 acres of linear wetland.
The ditch adjacent to the 0.1 acre wetland north of Michelle drive will not be tilled or impacted in any way.
Jurisdictional Winters Along Proposed New Drainage Channel Through the Black Property: Two distinct wetlands
were delineated from the point where the existing channel turns north toward Wrightsville Avenue, to a sediment
basin behind townhouse properties along Hinton Avenue. Along the western portion of this segment is a wetland
that is adjacent to an approximately 100 foot section of channel that flows from Michelle Drive, and extends
approximately 150 feet cast along the proposed new drainage channel on the Black Property. Hydrology to this
wetland is supplied by hill slope seeps and to a minor extent by stormwater backflow from the existing stormwater
drainage system. Vegetation is dominated by hardwood species and typical Coastal Plain wetland plant
communities. The proposed channel will likely affect a small portion of this wetland due to changes in groundwater
NCDENR One Stop Meeting
April 2009

flow that may occur as well as direct impacts from channel construction. Approximately 0.18 acres are expected to
be permanently impacted by channel construction at this wetland. This system is geographically connected to a
larger hardwood flat within the Black Property; however, the proposed project is unlikely to affect the hydrology in
this larger wetland system as this is supplied by major hill slope seeps and tributaries well south of the proposed
project corridor, and existing grade at tributary confluences with channel improvements will be maintained.
The proposed channel will permanently impact a small pocket wetland that is connected to a sediment basin south
of the Hinton Road townhouse property. This wetland is approximately 0.4 acres in size and hydrology is supplied
by stormwater runoff from impervious surfaces along Hinton Avenue. Vegetation in this wetland consists of
typical coastal plain wetland plant communities and invasive species. This wetland is .also used as a dumping
ground of concrete construction wastes from an adjacent property. During storm events, this wetland currently
drains through a fire ditch that runs through the Black Property into a large hardwood flat previously mentioned.
The proposed channel will redirect flow from this wetland through the proposed channel. 'this wetland will be
permanently impacted by the construction of the new channel through the Black Property..
NCDENR One Stop Meeting
April 2009

Coburn, Chad
From: ONeal, Jessi E
Sent: Friday, October 15, 2010 8:54 AM
To: Coburn, Chad
Subject: 2 things
1. Re:Bradley Creek Drainage
my people are now saying that this is past the tidal influence and therefor not PNA (don't advertise this to applicants just
yet). News to me. Anyhoo, so now it's more of a DMF suppporting you guys and USACE. I can provide comments about
enhancement for control of sediment/poor water quality that will end up in downstream PNA, but from what I can tell this
is not my show. _(
2. Re: Trails end road spot
I can't deny them this slip be technically they already have on that's even closer to land on the same side as the lift.
We are most likely going to ask them to put the two lifts directly beside each other if they convert the dock to a fixed
structure with a T-head. I'm going to wait until we go out there next week though.
thanks

SIGN UP SHEET .
SCO.PING MEETING
Piedmont Natural Gas Line 150
Scotland/Robeson/13lade n/CoIumbus/Brunswick Counties
September 29, 2010
Name
Agency
Phone
Email
ameron Weaver
NCDENR-DEAD
910-796-7427
Cameron. [e-mail]
Robb Mairs
NCDCM
910-796-7423
[e-mail]
]-leather Coats
NCDCM
910-796-7424
[e-mail]
Chad Coburn
04
NCDWQ-401
910-796-7379
[e-mail]
Z.Davc Bailey
USACE
910-251-4469
[e-mail]
Chad Turlington
NCDWQ-401
910-433-3320
[e-mail]
Paul Masten.
S&ME
910-799-9945
[e-mail]
I -toward Hall
US FWS
919-856-4520 x27
[e-mail]
John Hammond
US FWS
919-856-4520 x28
[e-mail]
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NCDENR
WILMINGTON REGIONAL OFFICE
127 CARDINAL DRIVE
WILMINGTON, NC 28405
910-796-7215, FAX [phone]

SIGN UP SHEET
SLOPING MEETING
Natural Gas Line Placement
7/29/2010
Name
Agency
Phone
Email
S11
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*By Conference Call
NCDENR
WILMINGTON REGIONAL OFFICE
127 CARDINAL DRIVE
WILMINGTON, NC 28405
910-796-7215, FAX [phone]

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SIGN UP SHEET
SCOPING MEETING
Bradley Creek Stormwater Improvements
Wilmington
New Hanover County
10/7/2010
Name
Agency
Phone
Email
ameron Weaver
NCDENR
910-796-7427
Cameron. Weaver rr ncdenr.gov
won Sechler*
NOAA-NMF
252-728-5090
Ron.Sechler a,noaa.gov
✓Jessi O'Neal
DMF
910-796-7311
Jessi.Onea! a nedenr. ov
✓Molly Ellwood
NCWRC
910-796-7240
N1oliv.Ellwood�ncwildlife.org
Rabb Mairs
DCM
910-796-7423
Rabb.Mairs a nc� denr.�av
✓Rhonda Hall
DLR
910-796-7312
Rhonda.Hall.((ncenr.gov
kDave Timpy
USACE
910-251-4634
David. L ;Gimp ii)usace.army.miI
hristy Wicker
USACE
910-251-4637
Christine. W.Wicker a usace.army.mil
inda Willis
DWQ-NPDES
910-796-7343
Linda.Willis a nedenr.gov
had Coburn
DWQ-401
910-796-7379
Chad. Cob Urn@ncdenr.g_o_v_
Jeremy Humphrey
DEH-Shellfish
910-796-7287
Jeremy.l lumphrey i ngdenr, av
Alan Moore .
Entrix
�a9- a7
amoore(c ,entrix.com
Michael Hanson
Dewberry&Davis
NlHansonadewberry.com
ave Mayes
City of
—Wilmington
910-343-4777
Dave.Nlayes2wilmingtonnc.gov
*By Conference
Call
NCDENR
WILMING,rON REGIONAL OFFICE
127 CARDINAL DRIVE
WILMINGTON, NC 23405
910-796-7215, FAX [phone]

W DER & LAND SECTION Fax:[phone]
c o v E R
S H E E T
From the dcsk of...
Janet D. Leach
Paralegal
1kpaTtrncn1 oflu>i+cc
P. O. Box 629
TO: (919) 716-6m
Fax: [phone]
j1coch&r,u;1.jur.state ne.itc
To: Rick Shiver
Linda Lewis
Fax No: (F)
Subject: Mona. Faye Black v. NCDENB, DWQ
Date: October 14, 2003
pages: 2, includiug cover sheet
COMMENTS:
Oct 14 '03 2:24 P.01
FAX
Please be informed that the Hearing for the above -subject case has been scheduled
according to the attached Notice Of Hearing.
If you have not already made arrangements for a pre=trail conference, please
contact Beverly Coats, Mary Peony's secretary, to set up a time that is convenient for you.
If she is not available, you may contact me directly at the number set out above.
Please mark your calendars accordingly. -

n
i -WATER & LAND SECTION Fax:[phone] Oct 14 '03 2:24 P.02
FILED
OFFICE OF
ADMINISTRr\TIVE HEARINGS
Oct 07 1121 AM 2003
STATE OF NORTH CAROLINA IN THE OFFICE OF
ADMINISTRATIVE HEARINGS
COUNTY OF NEW HANOVER 03 EHR 1169
Mona Faye Black }
Petitioner )
)
vs. ) NOTICE OF HEARING
NC Division of Water Quality of the NC }
Department of Environment and Natural )
Resources )
Respondent )
NOTICE IS HEREBY GIVEN that the above -captioned case will be brought on for
hearing before the undersigned administrative law judge as follows:
DATE: November 13, 2003
TIME: 9:30 a.m.
PLACE: Carolina Beach Municipal Building
Council Chambers
1121 N. Lake Park Blvd.
Carolina Beach, NC
1. This hearing will be conducted in accordance with G.S. Chapter 150B and the Rules of
Contested Case Hearings in the Office of Administrative Hearings, copies of which
may be obtained at cost from Molly Masich, Director of APA Services or by accessing
the OAH Web page at http:I/www.oah.state.ne.usiheacings/#Chapter3.
2. Unless otherwise deteimined by the administrative law judge, the hearing will proceed
in the following sequence:
a. Call of the case
b. Motions and other preliminary matters
c. Stipulations, agreements, or consent orders entered into the record
d. Opening statements
e. Presentation of evidence; cross-examination
f. Final arguments
3. All parties are hereby notified to bring to the, hearing all documents, records, and
witnesses needed to present the party's case.
r

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ROY COOS--
NFTORNE=Y GENERAL
Sate of forth Carolina
Department of Justice
P. O. BOX 629
RALI?IGH
2 7602-062 9
MEMORANDUM
Reply to:
Mary Penny'rhompsort
Environmental Division
Direct; [phone]
Fax: [phone]
mthompCmail.jus.state.nc.us
TO: Rick Shiver, DWQ Wilmington Regional Office Supervisor
Linda Lewis, DWQ Environmental Engineer, Wilmington Regional Office
FROM: Mary Penny "Thompson, Assistant Attorney General
DATE: July 17, 2003
RE: Stormwater Permit Appeal by State Properties, LLC of Wake County
DWQ No. SW 8030107; OAH No. 03 EHR 1169.
Please note that I have been assigned to handle the above -referenced contested case. [ will need
to begin preparing our case as soon as possible. Please review the important dates listed below and send
a copy of the requested information by mail, fax, or hand delivery to the Attorney General's Office. A
copy of the Petition is attached.
August 8, 2003 Document Constituting Agency Action. I need a clean copy of
Stormwater Permit SW8030107 and the permit file by August 4, 2003,
September 22, 2003 Any Discovery must be sent to Petitioner by this date to give us enough
time to receive answers prior to hearing. Any discoveEy sent to us by
Petitioner must be responded to within 15 days of receipt of the
questions. All discovery must be completed by October 27, 2003.
Week Beginning
November 10, 2003 Hearing is set in Wilmington, NC with Melissa Owens Lassiter,
Administrative Law Judge presiding. You have been identified as
potential witnesses in this case. If you feel you should not be listed as a
witness or if you know of additional witnesses, please notify this office
immediately.
If you have any questions or comments regarding this case, please call me at: [phone].
cc: Steve Lewis, Environmental Specialist - Archdale Bldg.

PLEASE PRIN"I' CLE 1RLY OR TS
G��
STATE OF NORTH CAROLINA
COUNTY OF (1) NEW HANOVER
3 2i44i
IN THE OFFICE OF
.ATI VE HEARINGS
(2) MONA FAYE BLACK )
(your name) PETITIONER, }
PETITION
V. ) FOR A
(3) N.C. DIVISION OF COASTAL MANAGEMENT OF CONTESTED CASE BEARING
.HE N.C. DEPARTMENT OF ENVIRONMENT AND NATURAL }
;ESOIIRCES
RESPONDENT. }
(The State agency or board about which you are complaining) )
I hereby ask for a contested case hearing as provided for by North Carolina General Statute §' 154B-23 because the Respondent has:
(Briefly state facts showing how you believe you have been harmed by the State agency or board.)
SEE ATTACHMENT
(If more space is needed, attach additional pages.)
(4) Because of these facts, the State agency or board has: (check at least one from each column)
X deprived me of property; __X_ -,exceeded its authority orjurisdiction;
ordered me to pay a fine or civil penalty; or ,,_acted erroneously;
_otherwise substantially prejudiced my rights; AND Xfailed to use proper procedure;
�X acted arbitrarily or capriciously; or
__xfailed to act as required bylaw or rule.
(5) Date'. (6) Your phone number: ( 9 10 74.9-7226 —
(7) Print your full address: 5553 Oleander Drive Wilmington, NC 28403
street a res p.o. ox citystate zip
(8) Print your name: Mona Faye Black
(9) Your signature.
You must mail or deliver a COPY of this Petition to the State agency or board named on line (3) of this form. You should contact the agency or
board to determine the name of the person to be served.
CERTIFICATE OF SERVICE
1 certify that this Petition has been served on the State agency or board named below by depositing a copy of it with the United States Postal Service
with sufficient postage affixed 0 R by delivering it to the named agency or board:
N.C. Division of Coastal Management of
(10) Dan Oakley (11} the N.C. Department of Environment and
(name of person served) (State agency or board listed on line 3) a ura-L Resources
(12) Office of the General. Counsel, t601 Mail Service Center, Raleigh, NC 27699-1601��
(street addresslp.o. box) (city) (state) (zip code)
KENNETH A. SHANKLIN
{ 13) This the 2nd day of July 2003 TTORNEY FOR PETITIONER
(14)
Mona Faye Black
---f � �(�l4 MARKET STREET, P.O. BOX t347
7�rrT-VrKMrrnAr LTr, 1l0�n1l
(your signature)
When you have completed this form, you MUST mail or deliver the ORIGINAL AND ONE COPY to the Office of Administrative Hearings, 6714
Mail Service Center, Raleigh, NC 27699-6714.
H•06 (t 1199)

ATTACHMENT TO PETITION FOR A
CONTESTED CASE HEARING
July 2, 2003
On June 2, 2003, Rick Shiver, Water Quality Regional Supervisor, of the Division of
Water Quality ("DWQ") of the North Carolina Department of Environment and Natural
Resources ("DENR")' issued Stormwater Management Permit No, SW8 030107 ("Permit"), a
copy of which is attached hereto and marked as Exhibit "A," to Mr. Johnny Ivey, Member
Manager of Park -Hinton, LLC ("Permittee"). The Permit ' pertains to the Hinton Oaks
Townhomes ("Project"), a High Density Stormwater Project, located at the intersection of Hinton
Avenue and Park Avenue in Wilmington, New Hanover County, North Carolina. The Permit
authorizes the installation of stormwater improvements upon the subject real property for the
construction of 39 townhome units constituting the Project. The Project lies within the corporate
jurisdiction of the City of Wilmington in New Hanover County.
On May 16, 2002, the City of Wilmington's Subdivision Review Board at a regularly
scheduled meeting granted approval for the Project subject to the following condition:
After a brief consideration, Mr. Saulnier moved to amend his Previous motion
with a motion to approve_ the subdivision request for Hinton _Oaks Townhomes
based on staff recommendations, with the additional condition that no stormwater
currently collecting on subject site shall be allowed to be diverted onto the
neighboring properties. (Emphases in Original).
Subdivision Review Board Meeting Minutes — May 16, 2002 (City of Wilmington).
The Petitioner, Mona Faye Black ("Petitioner"), is the owner of a certain tract of land
described in Book 2280 at Page 517 of the New Hanover County Registry. The Petitioner's
property lies to the west of the Project and is a neighboring property as referenced in Mr.
Saulnier's Motion. Petitioner is a "person aggrieved" under The Administrative Procedure Act
("APA") by the issuance of the Permit as she is a person who is directly and substantially
affected and impacted by the administrative decision. N.C. GEN. STAT. § 150B-2(6). Petitioner

Attachment to Petition
for Contested Case Hearing
July 2, 2003
Page -2-
will suffer economic damages and loss of property if the subject stormwater improvements as
permitted are installed by the Permittee. Lastly, Petitioner is directly affected by the subject
administrative decision.
Presently, a shallow creek traverses the Project from Hinton Avenue to an existing ditch
at the northwestern corner of the Project. The existing ditch shown on the Project's latest Site
Plan dated April 1, 2003 (C-1) prepared by Phillip G. Tripp, F.E., is not a water transportation
ditch, but a shallow 'ditch that was originally created for fire protection for the Petitioner's
property, which is currently being used as woodlands.
The Project and Petitioner's land is located in the Seagate Community area of New
Hanover County, which area has been subject to flooding and is traversed with narrow old streets
and inadequate drainage. Essentially, the area is flat.
The Project's Site Plan C-1 shows the installation of a wet pond to store stormwater, but
shows an outlet structure and other intakes of stormwater into a new 48" pipe to be installed
from Hinton Avenue for discharge into a 3:1 riprap-lined channel directly into the existing ditch
upon Petitioner's property. Additionally, the Site Plan C-1 shows the removal of a 24" pipe
under Hinton Avenue to be replaced with a new 48" pipe. The. 48" pipe will be owned by the
City of Wilmington with an appropriate easement.
Clearly, the Project's Site Plan C-1 shows a marked increase in the volume and direction
of stormwater from properties east of Hinton Avenue and the Project onto the Petitioner's
adjoining property. There exists no easement across the Petitioner's property for such
stormwater diversion. The currently approved Permit will create considerable flooding problems
for Petitioner's property, which use is unreasonable and violates Petitioner's constitutional and
-2-

Attachment to Petition
for Contested Case Hearing
July 2, 2003
Page -3-
common law property rights. Additionally, the Permit will create a ponding of water upon the
Petitioner's property, which would constitute a recurring trespass upon Petitioner's property
under the holding of the Court of Appeals in Galloway v. Pace Oil Co., 62 N.C. App. 213, 302
S.E.2d 472 (1983). If the government creates the diversion of water, there is a taking of
Petitioner's property by the trespass and/or nuisance. In this context, the "reasonable use" rule
for surface water drainage adopted in Pendergrast v. Aiken, 293 N.C. 201, 236 S.E. 2d 787
(1977) is not applicable. It is a taking of Petitioner's property as concluded by the North
Carolina Supreme Court in Board of Transportation v. Warehouse Corp., 300 N.C. 700,268 S.E.
2d 180 (1980). Furthermore, the doctrine of "moving to the nuisance" or "priority of
occupation" has no applicability in an action against the State for a taking by flooding directly
caused by permanent structures constructed or authorized by the State.
It is the contention of Petitioner that the Stormwater Permit as issued violates the City of
Wilmington's Subdivision Review Board's approval of the Project, violates the provisions of
Title 15A NCAC 211.1000 et seq. pertaining to stormwater control for high density projects
within the coastal counties, including New Hanover County, and violates the Petitioner's due
process rights of the right to proffer evidence that the proposed stormwater project and
improvements will cause harm and injury to Petitioner's prope Y.
Kenrfeth A. Shanklin
Attorney for Petitioner, Mona Faye Black
214 Market Street
P. 0. Box 1347
Wilmington, NC 28402
Telephone: [phone]
Telephone: [phone]

NO.47S. P . 2 �-
NCDENh' I�IRO
JUN.24,Q 83 v"12 40 Michael F. Easley, Governor
William G. moss Jr., Secretary
M GQ
C North Carc(ina Department of Environment and Natural Resources
Alan W. Klimek, P.E„Director
Division of Water Quality
June 2, 2003 EXHIBIT
Mr. Johniny Ivey, Member Manager Q
Park -Hinton, LLC
6229 Richard Bradley Drive
Wilmington, NC 28409
Subject: Permit No, SW8 030107
Hinton Oaks Townhomes
High density Stormwater Project
New Hanover County
Dear Mr. Ivey:
The Wilmington Regional Office received a complete Stormwater Management Permit
Application for Hinton Oaks Townhomes on April 2, 2003. Staff review of the plans and
specifications has determined that the project, as proposed, will comply with the
Stormwater Regulations set forth in Title 1SA NCAC 2H.1000. We are forwarding
Permit No. SW8 030107 dated June 2, 2003, for the construction of Hinton Oaks
Townhomes.
This permit shall be effective from the date of issuance until June 2, 2013, and shall be
subject to the conditions and limitations as specified therein. Please pay special
attention to the Operation and Maintenance requirements in this permit. Failure to
establish an adequate system for operation and maintenance of the sormwater
management system will result in future compliance problems.
If any parts, requirements, or limitations contained in this permit are unacceptable, you
have the right to request are adjudicatory hearing upon,written request within thirty t0)
days following receipt of this permit. This request must be in the form of a written
petition, conforming to Chapter 150E of the North Carolina General Statutes, and filed
with the Office of Administrative Hearings, P,O, Drawer 27447, Raleigh, NC 27611-
7447. Unless such demands are made this permit shall be final and binding.
if you have any questions, or need additional Information concerning this matter, please
contact Linda Lewis, or me at [phone].
Sincerely,
Rick Shiver
Water Quality Regional Supervisor
RSSarl: S:IWQSiSTORMWATIPERMIT1030107.jun03
cc: Phil Tripp, P.E, Tripp Engineering
Tony Roberts, .New Hanover County Building Inspections
Beth E, Wetherill, New Hanover County Engineering
Linda Lewis
Wilmington Regional Office
Central Files
N. C. Division ciWaterQuaiity 127 Cardinal drive 5eension [phone] cuatamerService
Wilmington Regional Office Wilmington, NC 26405 [phone] Fax [phone]
,N
011Eh7

NO.475 P.3
.TUN. 24. 2ee3 12. 40Pr1 NCDENR WIRO State Stormwater Management Systerns
Permit No. SW8 030107
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND NATURAL. RESOURCES
DIVISION OF WATER QUALITY
STATE STORMWATER MANAGEMENT PERMIT
HIGH DENSITY DEVELOPMENT
In accordance with the provisions of Article 21 of Chapter 143, General Statutes of
North Carolina as amended, and other applicable Laws, Rules, and Regulations
PERMISSION IS HEREBY GRANTED TO
Johnny Ivey, Park -Hinton, LLC
Hinton Oaks Townhomes
New Hanover County
FOR THE
construction, operation and maintenance of a. wet detentiongrid in compliance with the
provisions of 15A NCAC 2H .1 Dag (hereafter referred to as the "stormwater rules') and
the approved stormwater management plans and specifications and other supporting
data as attached and on file with and approved by the Division of Water Qualrty and
considered a part of this permit.
This permit shall be effective from the date of issuance until June 2, 2013, and shall be
subject to the following specified conditions and limitations.
1. DESIGN STANDARDS
9 . This permit is effective only with respect to the nature and volume of stormwater
described in the application and other supporting data.
2, This stormwater system has been approved for the management of stormwater
runoff as described on page 3 of this permit, the Project Data Sheet. The
stormwater control has been designed to handle the runoff from 68,737 square
feet of impervious area,
3. The tract will be limited to the amount of built -upon area indlcated on page 3 of
this permit, and per approved plans.
4. All.stormwater collection and treatment systems must be located in either
dedicated common areas or recorded easements. The final plats for the project
will be recorded showing all such required easements, in accordance with the
approved plans.
5. The runoff from all built -upon area within the permitted drainage area of this
project must be directed into the permitted stormwater control system. A permit
modification must be submitted and approved prior to the construction of
additional built -upon area from outside of the approved drainage area.
2

N0.475 -' • 4
JUN.24.2003 12 40PN NCDENR WIRO State Stormwater Management Systems
Permit No. SW8 030107
DIVISION OF WATER QUALITY
PROJECT DESIGN DATA SHEET
Project Name: Hinton Oaks Townhomes
Permit Number: SW8 030107
Location,: 101 Hinton Avenue, Wilmington
New Hanover County
Applicant: Johnny Ivey, Member Manager
Mailing Address: Park -Hinton, LLC
6229 Richard Bradley Drive
Wilmington, NC 28409
Application Date,
Receiving Stream/River Basin:
Stream Index Number.
Classification of Water Body:
Drainage Area, acres:
Onsite, sq. ft.:
Offsite, sq. ft.:
Total Impervious Surfaces, sq. ft.:
Pond Depth, feet:
TSS removal efficiency:
Permanent Pool Elevation, FMSL:
Permitted Surface Area, sq. ft.:
Permitted Storage Volume, cubic ft.:
Temporary Storage Elevation, FMSL:
Controlling Orifice:
Permitted Forebay Volume, cubir, ft.:
April 2, 2003 ..
Bradley Creek / Cape Fear
CPF24 18-87-24-4.(1 )
"SC HQWIP
4.03
4.03
0
68,737
6.4
90% (no filter is required)
14.00
5,215@Permanent Pool
5,891
15.00
1.25"0 pipe (drawdown in 2-5 days)
3,392
3

NO.475 -P. 5-
JUN.24.2003 12 40PM NCBENP WIRO State Stormwater Management Systems
Permit No. SW8 030107
II. SCHEDULE OF COMPLIANCE
1. The stormwater management system shall be constructed in its entirety,
vegetated and operational for its intended use prior to the construction of any
built -upon surface.
2. During construction, erosion shall be kept to a minimum and any eroded areas of
the system will be repaired immediately.
3. The permittee shall at all times provide the operation and maintenance
necessary to assure the permitted stormwater-system functions at optimum
efficiency. The approved Operation and Maintenance Plan must be followed in its
entirety and maintenance must occur at the scheduled intervals including, but not
limited to:
a. Semiannual scheduled inspections (every 6 months),
b. Sediment removal.
C. Mowing and revegetation of slopes and the vegetated filter.
d. Immediate repair of eroded areas.
e. Maintenance of all slopes in accordance with approved plans and
specifications.
f. Debris removal and unciogging of outlet structure, orifice device, flow
spreader, catch basins and piping..
g, Access to the outlet structure must be available at pit times.
4, Records of maintenance activities must be kept and made available upon
request to authorized personnel of DWQ. The records will indicate the date,
activity, name of person performing the work and what actions were taken,
5. Decorative spray fountains will not be allowed in the stormwater treatment
system.
6, The facilities shall be constructed as shown on the approved plans. This permit
shall become voidable unless the facilities are constructed in accordance with the
conditions of this permit, the approved plans and specifications, and other
supporting data.
7. Upon completion of construction, prior to issuance of a Certificate of Occupancy,
and prior to operation of this permitted facility, a certification must be received
from an appropriate designer for the system installed certifying that the permitted
facility has been installed in accordance with this permit, the approved plans and
specifications, and other supporting documentation. Any deviations from the
approved plans and specifications must be noted on the Certification. A
modification may be required for those deviations.
B. If the stormwater system was used as an Erosion Control device, it must be
restored to design condition prior to operation as a stormwater treatment device,
and prior to occupancy of the facility.
9. At least 30 days prior to the sale or lease of any portion of the property, the
permittee shall notify DWQ and provide the name, mailing address and phone
number of the purchaser or leasee. An access/maintenance easement to the
stormwater facilities shall be granted in favor of the permittee if access to the
stormwater facilities will be restricted by the sale or lease of any portion of the
property,
4

NO.475- _P. 6- `_
JUN.24.2003 12 40PM NCDENR NIRO State stormwater Management Systems
Permit No. SW8 030107
10. The permittee shall submit to the Director and shall have received approval for
revised plans, specifications, and calculations prior to construction, for any
modification to the approved plans, including, but not limited to, those listed
below:
a. Any revision to any item shown on the approved plans, including the
stormwater management measures, built -upon area, details, etc.
b. Project name change.
c. Transfer of ownership.
d.. Redesign or addition to the approved amount of built -upon area or to the
drainage area.
e. Further subdivision, acquisition, or sale of all or part of the project area:
The project area is defined as all propertyowned by the permittee, for
which Sedimentation and Erosion Control Plan approval or a CAMA Major
permit was sought.
f. Filling in, aftering, or piping of any vegetative conveyance shown on the
approved plan.
11, The permittee shall submit final site layout and grading plans for any permitted
future areas shown on the approved plans, prior to construction, if the proposed
SUA exceeds the amount permitted under this permit, a modification to the
permit must be submitted and approved prior to construction.
12. A copy of the approved plans and specifications shall be maintained on file by
the F ermittee for a minimum of ten years from the date of the completion of
construction.
13. The permittee must maintain compliance with the proposed built -upon area and
ensure that the runoff from all the built -upon is directed into the permitted system.
14, The Director may notify the permittee when the permitted site does not meet one
or more of the minimum requirements of the permit. Within the time frame
specified in the notice, -the permittee shall submit a written time schedule to the
Director for modifying the site to meet minimurn requirements. The permittee
shall provide copies of revised plans and certification in writing to the Director
that the changes have been made.
15. The permittee must maintain the current permitted drainage area. No additional
runoff from outside of the permitted drainage area boundary may enter the
permitted stormwater facilities without first applying for and receiving a permit
modification.
Ill. GENERAL CONDITIONS
This permit is not transferable except after notice to and approval by the Director.
In the event of a change of ownership, or a name change, the permittee must
submit.a formal permit transfer request to the Division of Water Quality,
accompanied by a completed name/ownership change form, documentation from
the parties involved, and other supporting materials as may be appropriate. The
approval of this request will be considered on its merits and may or may not be
approved. The permittee is responsible for compliance with all permit conditions
until such time as the Division approves the transfer request,
2. Failure to abide by the conditions and (imitations contained in this permit may
subject the Permittee to enforcement action by the ❑ivision of Water Quality, in
accordance with North Carolina General Statute 143-215.5A to 143-215.6C.
A

N0.475 "P . 7-
JUN.24.20�3 12 41PM NCDENR WZRO .
State Stormwater Management Systems
Permit No. SWS 030107
3. The issuance of this permit does not preclude the Permittee from complying with
any and all statutes, rules, regulations, or ordinances which may be impposed by
other government agencies (local, state, and federal) which have jurisdiction.
4. in the event that the facilities fail to perform satisfactorily, including the creation of
nuisance conditions, the Permittee shall take immediate dorrective action,
including those as may be required by this Division, such as the construction of
additional or replacement stormwater management systems.
5. The permittee grants DENR Staff permission to enter the property daring normal
business hours for the purpose of inspecting all components of the permitted
stormwater management facility.
6. The permit may be modified, revoked and reissued or terminated for cause. The
filing of a request for a permit modification, revocation and reissuance or
termination does not stay any permit condition.
7. Unless specified elsewhere, permanent seeding requirements for the stormwater
control must follow the guidelines established in the North Carolina Erosion and
Sediment Control Planning and Design Manual.
8, Approved plans and specifications for this project are incorporated by reference
and are enforceable parts of the permit.
9. The permittee shall notify the Division any name, ownership or mailing address
changes within 30 days.
Permit issued this the 2nd day of June, 2003.
NORTH CAROLtNA ENVIRONMENTAL MANAGEMENT COMMISSION
aWKlimeK, REL,Direator'
T Division of Water Quality
By Authority of the Environmental Management Commission

NO.475 .8 - -�
JUN 24 208�3 12;'41PM NCDENR TIRO State Stormwater Management Systems
Permit No. SW8 030107
Hinton Oaks Townhomes
Stormwater Permit No. SW8 030107
New Hanover County
Designer's Certification
1, , as a duly registered
in the State of North Carolina, having been authorized to observe (periodically/ weekiyl
full time) the construction of the project,
(Project)
for (Project Owner) hereby state that, to the
best of my abilities, due care and diligence was used in the observation of the project
construction such that the construction was observed to be built within substantial
compliance and intent of the approved plans and specifications.
The checklist of items on page 2 of this form is included in the Certification,
Noted deviations.from approved plans and specification:
Signature
Registration Number
Date
SEAL
7

NO.475 'P.9—
JUN.24. 2003 �12' 41PM NCDENR WIRO State Storrnwater Management Systems
Permit No. SW8 030107
Certification Requirements:
I. The drainage area to the system contains approximately the permitted
acreage.
2. The drainage area to the system contains no more than the permitted
amount of built -upon area.
I. All the built -upon area associated with the project is graded such that the
runoff drains to the system.
4. The outlet/bypass structure elevations are per the approved plan.
5. The outlet structure is located per the approved plans.
B. Trash rack is provided on the outlet/bypass structure.
7. All slopes are grassed with permanent vegetation.
a. Vegetated slopes are no steeper than 11.
9. The inlets are located per the approved plans and do not cause short-
circuiting of the system.
10. The permitted amounts of surface area and/or volume have been
provided.
11. Required drawdown devices are correctly sized per the approved plans.
12. All required design depths are provided.
13. All required parts of the system are provided, such as a vegetated shelf,
and a forebay.
14, The required system dimensions are provided per the approved plans.
cc; NCDENR-DWQ Re ionai Office
Tony Roberts, New Hanover County Building Inspections

NO.475�• 10
JUN.24.2003 12 41PM NCDENR WIRO
i: o.'�?'.'<;se�.:.�., =�K: »,.;y=,\.+•;k;��+h: .'.�� �, 'T� ;;5�,,.1+, +.' '7'' R'�.��'�F:`{:� i°-+`,ar
.T>1.:,3'�+�'a 7� i mil,'r+ ::+��� '.?r ;,.i, off:\. 2' p �5 •i`T,�a.�S .%(+,....,+..
F ti:f<`0., .'L\`� \` lYf'M r•�I-fir: ):
Date Received
Fee Paid Permit Number
State of North Carolina
Department of Environment and Natural Resources
Division of Water Quality
STORMWATER MANAGEMENT PERMIT APPLICATION FORM
This form may be photocopled for use. as art arigtnal
I. GENERAL INFORMATION
Applicants name (specify the name of the corporation, individual, etc. who owns the project):
lark -Hinton, LLC _ .
2, Print Owner/Signing Official's name and tide (person legally responsible for facility and compliance):
Ighoy 1-ye, M er
Mailing Address for person Hsred in item 2 above: (2 5 0 � 5 40 - zW 3)
City. _ OVtlminato .,_ _ State:- 1VC Zip: 28409
Telephone Number: 910-4 3-2993
4. Project Name (subdivision, facility, or establishment name —should be consistent with project name on
plans, specificarions, letters, operation and maintenance agreements,
Hinpoa QAkLTo%hoxngs.
5. Location of Project (street address):
101 Hinton Avenue
City: wilmingtCM _ _ _ County: Ne Han ve
6. Directions to project (from nearest major intersection):
FroM Ol er rive US 7b d l e i� 132 drive ox 1 Mile, to l ft onto
Hi ton Av riv I0001f NE to int
-mection of Park Av , andHintpnAve. Site is on left.
7. Latitude: N 34° 13' 00" L.ctnitude: W 770 5 ' QO" of project
8. Contact person who can answer questions about the project:
Name: PhilljR T i Telephone Number: 910-763-5100
II. PFJtWT INFORMATION:
1. Specify whether project is (check one): _ X New Renewal Modification
Farm SWU-101 Version 3,99 Page 1 of 4

NO,475" P-11
JUN.24.2003 12:41PM NCDENR WIRO — _
'_. If this application is being submitted as the result of a renewal or modification to an existing permit, list
The existing permit number and its issue date (if known)
3. Specify the type of project (check one);
Low Density X High Density Redevelop _General Permit Other
4. Additional Project Requirements (check applicable blanks)!
CAMA Major X SedimentationlErosion Control 404/1401 Permit NPDES Stormwater
Information on required state permits can be obtained by contacting the Customer Service Center at
1-877-623 -6748.
W. PROJECT WORMAnoN
1. In the space provided below, summarize how stormwater wilt be treated. Also attach a detailed narrative
(one to two pages) describing stormwater management for the project.
n- ite wet detention basin
2, Stormwater runoff from this project drains to the Ca e F ar River basin.
3. Total Project Area: _ 4.03acres
S. How many drainage basins does the project have? 1
4. project Built Upon Area; _, 39.2 %.
6. Complete the following information for each drainage area. If there are more'than two drainage areas in the
project, attach an additional sheet with the information for each area provided in the same format as below.
� 'I �y-, '•1 :.Jr, i � •'}
•wWs!!� �YY.iQ•':� .+.. -. �; ^:7iYi l•;
j r �] p�y�$¢ j�� Q .. ,'�.
i' 7i Jrtr r!Pi-!"Vs�fT'„"r" ii "�4,}•'�,;.a+�
_ ^! a p� y1i III ,••_ I �l
I,.}c a k •']ra�naei?f."�L• •;A(. �X:14
Receiving Stream Name
Bradley Creek '
Receiving Stream Class
SC HQW
Drainage Basin Area
4.03 ac
Existing impervious * Area
-
Proposed Impervious * Area
1.58 ac
% Impervious* Am (total)
39.2%
,>k}a,i'•et
On -site Buildings
28,229 sf
On -site Streets
-
On -site Parking
3 5,43 9 sf
On -site Sidewalks
-
Other on -site
5,070 sf
Off -site
Total;
E,68,737 sf
E_
" Impervious area is defined as the built upon area including, but not limited to, buildings, roads, parking
areas sidewalks, gravel areas, etc.
FormSWU-lot Version3.99 Page 2of4

N0.475--P .12
JUM.24.2003 12 41PM NCDEW WIRO -
7. How was the off -site impervious area Iisted above derived?
Iv. DEED RESTRICTIONS AND PROTECTIVE COVENANTS
The following italicized deed restrictions and protective covenants are required to be recorded for all
subdivisions, outparcels and future development prior to the sale of any lot. If lot sizes vary significantly, a
table listing each lot number, size and the allowable built -upon area for each Iot must be provided as an
attachment.
1. 777e following covenants are intended to ensuee ongoing compliance with state stormwater managemenr peewit
number as issued by the Division of Water duality. These covenmes miry
not be charged or deleted without the consent of the Stara
2 No Mare than square feet of airy lot shall be covered by sir 4MMs of r'mpendbus Ma e?ials.
1'rrrpervlous materials Include asphalt graw4 concrete, birch stone, slate or similar mcrtenal'butdo nor include wood
decking or the water surface ofswirnmtng pools
3. Swales shall not be filled it; piped or altered except as necessary to provide driveway crossiTs.
4. Built -upon area in excess ofthe permitted amount requires a state stormwater management pe=t madifioa lon prior
to construotto)%
5. Allpermitted nm from outparaek or future development shall be tTrrected into the pem9tted stcrmiater control
system, These comecoons to the stomNater control sDdem shall be perfomed in a manner that rnnintairts the
integrity and performance of the .system as permitted
By your signature below, yore certify that the recorded deed restrictions and protective covenants for this project
shall include all the applicable itans required above, that the covenants will be binding on all pazaes and
persons claiming tinder them, that they will run with the land, that the required covenants cannot be changed or
deleted without concurrence from the State, and that they will be recorded prior to the sale of any lot.
V. SUPPLEMENT FORMS
The applicable state stonnwater management permit supplement form(s) listed below must be submitted for
each BMP specified for this project. Contact the Stormwater and t.reneral Pemiits Unit at [phone] for
the status and availability of these forms,
Farm SWU-102
Form SWU-103
Form SWU-104
Form SWU-105
F'onn SWU-106
Form SWU-107
Form SWU-I08
Form SWU-109
Wet:Detention Basin Supplement
Infiltration Basin Supplement
Low Density Supplement'
Curb outlet System Supplement
Off -Site System Supplement
Underground filtration Trench Supplement
Neuse River Basin Supplement
Innovative Best Management Practice Supplement
Form SWOT-10I Version 3.99 Page 3 of 4

NO.475�V .13
SUN.24.2003 12:42PM NCDENR WIRO ��—
V1. SUBMITTAL REQUIREMENTS
Only complete application packages will be accepted and reviewed by the Division of Water Quality (DWQ),
A complete packaap
ge includes all of the items rsted below. The complete application package should be
submitted to the appropriate DWQ Regional Office.
1. Please indicate that you have provided the following required information by initialing in the space
provided next to each itetn-
Applicant's initials
• Original'and one copy ofthe Stonnwatcr Management Permit Application Form
• One copy of the applicable Supplement Form(s) fnt each BMP cm
• Permit application processing fee of $420 (payable to NCDENR)
• Detailed narrative description of swrmwatertreatrnmt/ntanagement roe -
Two copies of plans and specifications, including' G -
- Development/Project name
- Engineer and firm
- Legend
North arrow
Scale
- Revision mumher and date
- Mean high water line
Dimensionedpropert3 rojectboundary
Location map with named streets orNCSR numbers
Original contours, proposed contours, spot elevations, finished floor elevations
Details of loads, drainage featms, collection Mtems, and starmwater control measures
Wetlands delineated, or a note on plans that none exist
Existing drainage (including off -site), drainage easements, pipe sizes, runoff calculations
Drainage areas delineated
Vegetated buffers (where required)
VII. AGENT AUTHORIZATION
If you wish to designate authority to another individual or firm so that they may provide information on your
behalf: please complete this section. '
Designated agent (individual or firm): Tr'Tring Engineering. P C.
Mailing Address: 419 Chestnut Street
City: _ 3KIhmn —rl`! _„_ _ State: SC Zip: — 28401
Phone: [phone] Fax: , 910 763-5631
VIII. APPLICANT'S CERTIFICATION
1, (print ar type name of person listed in General Information, Item 2) M Johnny Ivey
certify that the information included on this permit application form is, To the best of my kgowledge, correct and
that the project will be constructed in conformance with the approved plans, that the required deed restrictions
'and protective covenants will be recorded, and That the proposed project complies with the requirements of ISA
NCAC 2H .1000.
Signature:�.L�.,f _ _ _ _ Date: le=
Form SVIU-101 'version 3.99 Page 4 of 4

NO, 475T P . 14�
JUN.24.2003 12:42PN_ _ NCDENR WIRO
Permit No. Z11 �v _ 6
Ito be prov1ded by D*'Q)
State of North Carolina
Department of Environment and Natural Resources
Division of Water Quality
STORMWATER MANAGEMENT PERMIT APPLICATION FORM
WET DETENTION BASIN SUPPLEMENT
This form pray he photocopied for we as an original
r]WO Stormwater 11�anagznent Plan RVIew:
A complete stormwater management plan submittal includes a wet detention basin supplement for each basin,
design calculations, plans and specifications showing all basin and outlet structure details, and a signed and
notarized operation and maintenance agreement.
I. PROJECT INFORMATION (please complete the following information):
Project Name; Hinton Oaks Townhornes
Contact Person: Charles Cazie Phone Number: L910 763-5100
For projects with multiple basins, specify which basin this worksheet applies to: 1
elevations
Basin Bottom Elevation 8. fL
Permanent Pool Elevation 14.0 ft.
Temporary Pool Elevation 15.0 ft.
areas
(floor of the basin)
(elevation of the once)
(elevation of the discharge structure overflow)
Permanent Pool Surface Area _5,125 sq,ft. (water surface area at the orifice elevation)
Drainage Area 4.03 ac. (on -site and off -site drainage to the basin)
Impervious Area •1.58 ac, (on -site and off site drainage to the basin)
volumes
Permanent Pool Volume 17,169 cu.ft. (combined volume of main basin and forebay)
Temporary Pool Volume 5.891 cu k (volume detained above the permanent pool)
Forebay Volume 3 39Z cu.ft- ' (approximately 20% of total volume)
Other parameters
SA/DA' 2.10 (surface area to drainage area ratio from DWO table)
Diameter of Orifice 1.25 in. (2 to 5 day temporary pool draw -down required)
-Design Rainfall 1.0 in.
Design TSS Removal2 90 % (minimum 85% required)
Form SWU-Ia'_ Rev 3.99 Page 1 of 4

NO. 475'P.15
JUN.24.2003 12t42PM NCDENP WIRO '- -
Footnotes:
I . Wfien using the Division SA/DA tables, the correct SAIDA ratio for permanent pool sizing should be computed based upon the
actual impervious % and permanent pool depth. Linear interpolation should be employed to determine the correct value for non-
standard table entries.
2. in the 20 coastal counties, the requirement for a vegetative filter may be waived if the wet detention basin is designed to provide
90% TSS removal, The NCDENR BMP manual provides design tables for both 8511/6 TSS removal and 90% TSS removal:
iI. REQUIkED ITEMS CHECKLIST
The following checklist outlines design requirements per the Stormwater Best Management Practices IManual
(N.C, Department of Environment, Health and Natural Resources, February 1999) and Adminisrrative Code
Section: 15 A NCAC 2H .1008.
Initial in the space provided to indicate the following design requirements have been met and supporting
documentation is attached. If the applicant has designated an agent in the Stormwater Management Permir
Application Form, the agent may initial below. If a requirement has not been met, attach justification,
Applicants Initials
)__ a. The permanent pool depth is between 3 and 6 feet (required minimum of 3 feet),
C.26 _ _ b. The forebay volume is approximately equal to 20% of the total basin volume.
G c. The temporary pool controls runoff from the design storm event.
C. d. The temporary pool draws down in 2 to 5 days.
C(?�— e. If required, a 30-foot vegetative filter is provided at the outlet (include non-erosive.flow
calculations),
f. The basin length to width ratio is greater than 3: 1,
C- g. The basin side slopes above the permanent pool are no steeper than 3;1.
2h. A submerged and vegetated perimeter shelf with a slope of 6.1 or less (show detail). -
_7L_ i, Vegetative cover above the permanent pool elevation is specified.
LZ j. A trash rack or similar device is provided for both the overflow and orifice.
e, I�' k. A recorded drainage easement is provided for each basin including access to nearest right-
of-way.
1. If the basin is used for sediment and erosion control during construction, clean out of the
basin is specified to be performed prior to use as a wet detention basin
m, A mechanism is specified which will drain the basin for maintenance or an emergency,
III. WET DETENTION BASIN OPERATION AND MAINTENANCE AGREEMENT
The wet detention basin system is defined as the wet detention basin, pretreatment including forebays and the
vegetated filter if one is provided.
This system (check one) ❑ does X does not incorporate a vegetated filter at the outlet.
This system (check one) ❑ does X does not incorporate pretreatment other than a forebay.
?arm SWU-102 Rev 3.99 Page 2 of 4

N0.475 .16'
3UN.24.2003 12:42PM NCDENR WIRO -
Nlaintenance activities shall be performed as follows:
1. After every significant runoff producing rainfall event and at least monthly_
'a. Inspect the wet detention system for sediment accumulation, erosion, trash accumulation,
vegetated cover, and general condition,
b. Check and clear the orifice of any obstructions such that drawdown of the temporary pool occurs
within 2 to 5 days as designed.
2. Repair eroded areas immediately, re -seed as necessary to maintain good vegetative cover, maw vegetative
cover to maintain a maximum height of six inches, and remove trash as needed.
3. Inspect and repair the collection system (i.e, catch basins, piping, swales, riprap, etc.) quarterly to
maintain proper fumctioning.
4. Remove accumulated sediment from the wet detention basin system semi-annually or when depth is
reduced to 75% of the original design depth (see diagram below). Removed sediment shall be disposed
of in an appropriate manner and shall not be handled in a manner that will adversely impact water quality
(i.e. stockpiling near a wet detention basin or stream, etc.).
The measuring device used to determine the sediment elevation shall be such that it will give an accurate
depth reading and not readily penetrate into accumulated sediments.
When the permanent pool depth reads 4.5 feet in the mein pond, the sediment shall be removed.
When the permanent pool depth reads .— 2.25 feet in the forebay, the sediment shall be removed.
BASIN DIAGRAM
(fill in the blanks)
Permanent Pool Elevation ! � 0
Sediment R moval El. _LL.75 75 6
------ Sediment Removal Elevadon 9.5 75%
Bottom vation 1_U %---------------------- •------------- ----
Bottom Elevation 8.0 250K
FOREBAY MAIN POND
5, Remove cattails and other indigenous wetland plants when they cover 50% of the basin surface. These
plants shall be encouraged to grow along the vegetated shelf and forebay berm.
S. If the basin most be drained for an emergency or to perform maintenance, the flushing of sediment
through the emergency drain shall be minimized to the maximum extent possible.
orm 5 WU- l 02 Rev 3.99 Page 3 of 4

• NO.475 17a ``
JUN.24.2003 12:42PM NCDENR WIRO
�. -Iii components of the tvet detention basin system shall be maintained in good working order. .
I acknowledge and agree by my signature below that I am responsible for the performance of the seven
inainteriance procedures listed above. I agree to notify DWQ of any problems with the system or prior to anv
changes to the system or responsible party,
Print name: Johns Ive
Title;
Address:
Phone:
Signature;
Date: Io-�
3
t`2a O F �—/�-U a � U , .
Note: The legally responsible party should not be a homeowners association unless more than 30% of the lots have been sold and
a resident of the subdivision has been named the president.
1, Della C. Baird , a Notary Public for the State of Nojjh Carolina , County
of Pender _ do hereby certify that Johnny
personally appeared before me this /00" day of &' and acknowledge the due
execution of the forgoing wet detentioh basin maintenance requirements, Witness my hand and official seal,
c e��
SEAL
My commission expires _ October 15, 2006,W�
Form S WU- l0? Rev 3.99 Page 4 of 4

N0.475 P.18 — —
JUN.24.2003 12:42PM
23 064 5156
NCDENR WIRO
'W- -
STATE OF NORTH CAROLINA
DEPARTMNT OF THE SECMARY ON STATE
STATEMENT OF CHANGE OF REGISTERED
OFFICE ANDIOR REGISTERED AGENT
SOSID: 051G962
Date Filed: 3/10/2003 3:57:00 PM
Elaine F. Marsholl
North Carolina Secretary of State
Pam= to §55D.31 of the General Statutes of NonT.h Carolina, the undersigned entity submits the following for the purpose of
changing its reo Brad once and/or reSistemd Mant in the State ofNorth Carolina.
rMRMATION MUMMY ON FILE
The wmc of the amity is: park-Sntan LLC
Eatity Type: 0Carporafiaa, CCFotp cwMatioA []Almgnrjtt CorpmEM amip Nonprofit Corpatatim,
OUnited Liability Cowpaap, ❑Foreign Utuitad LWOity Com[paq UrailM PsrtaasUp, C)Fome Sn T it iroi PartnanWp,
[]LimitW Liability Pumenhip, OFaroigtt Umitad Liabifiry Pertacmhip
The stint addreaa and county of the entity's meglatered office rantendy on file is:
105 Quad Ridge Wad
VVUmington, North Carolina 29409
New Hanover County
The majbg address jf &$ffenni from the st�+met ad&= of the tegi wed office currently on file is:
The note of the can cast registered- Agent is: Johnny I►+ay
NEW WORMATION
1. The svea address and county ofthe new re gWacd office of $te entity i r
(complete this item a►tly if rite Q&Vz of the regisrwvd office is being ch mgF4
6219 Rickard Bradley Drive
iWlodngM, Norf Carolina 28409
New Hanover caunv
2, The mailing addre9a if dVfferetrr funs the Saner addrrsr of the new regi8tuoci office is:
(cornplete this item only if Me address of tine registered office is boirng c6vVd)
3. The name of the new registered agent W the now agent's consent to appointment appears below:
(complete this Item only if the name of the registwd agent is being chm gad)
Johnny Ivey
Type or Print Ante of New 44enr
*Signature & Title
4. The address of the entity's mgisterod ofcc and the address ofthe business office of its registered agent, as chmiged,
wiB bo idcridcal
5. This statement wiff be e$bctive upon filing, unless a date and/or lima is specTled:
This is the2tday of 20 a3 r t1f 114-4111-
ryNmne
tore
1 j pe ar Print Name rid 711le
Mates: Flan# fee Is S500. TWO daauamt rnait be (sad Mth tie Seemlary or SWL
' fce�tned of elpfthen, the W" M6610red ROW nor dip a sap■nte wrtrra, amunt to am appointuvwt, xhkh tM.t be ahs4ted to 1116 vUMeUW ML
CORPORATIONS DMSION P. 0. BOX 29622 RALEIGrK NC 27626_0622
'R^kM tam,ary wiv F^rm RF_rWs

KENNETH A. SHANKLIN
ATTORNEYAT LAW
214 MARKET STREET"
POST OFFICE BOX 1 347
WILMINGTON, NORTH CAROLINA 28402-1 347
TELEPHONE [phone] • TELEFAX (91 0) 251-1773
E-MAIL: SH ANKLAW@ EARTH LINK. NET
KENNETH A. SHANKLIN`
MATTHEw A. NICHOLS
(At SO ADMtTTE01N NEW YORK)
July 2, 200
VIA TELEFAX #[phone]
AND FIRST CLASS MAIL
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
COPY
*130ARD CERTIFIED SPECIALIST IN
REAL PROPERTY LAW - RESIDENTIAL,
BUSINESS, COMMERCIAL AND
INDUSTRIAL TRANSACTIONS
?a, .. wwal
Re: Mona Faye Black v. N.C. Division of Coastal Management
of the N.C. Department of Environment and Natural Resources
Petition for a Contested Case Hearing
Our File No. 03050.001
Dear Sir or Madam:
Enclosed herewith please find the original and two copies of a Petition for a Contested
Case Hearing in the above referenced matter. Please file this Petition and return one copy to us
marked "filed" in the enclosed stamped and self-addressed envelope. A copy of this Petition was
telefaxed to your office on Wednesday, July 2, 2003, in the late afternoon.
Thanking you and with best regards, I remain
Sin rel ours, ? ,,
Kenneth A. Shanklin
KAS/pcc
Enclosures
cc: Mr. Dan Oakley
Office of the General Counsel
Mr. Rick Shiver
Water Quality Regional Supervisor
Ms. Mona Faye Black
Mr. Johnny Ivey, Park -Hinton, LLC
c/o Susan J. McDaniel, Esq.

PLEASE PRINT CLEARLY OR TYPE
STATE OF NORTH CAROLINA
COUNTY OF (1) NEW HANOVER
(2) MONA FAYE BLACK
(your name) PETITIONER,
(3) N.C. DIVISION OF COASTAL MANAGEMENT OF
THE N.C. DEPARTMENT OF ENVIRONMENT AND NATURAL
RESOURCES
RESPONDENT.
(The State agency or board about which you are complaining)
IN THE OFFICE OF
ADMINiSTRATIVE HEARINGS
PETITION
FOR A
CONTESTED CASE HEARING
I hereby ask for a contested case hearing as provided for by North Carolina General Statute § 15OR-23 because the Respondent has'.
(Briefly state facts showing how you believe you have been harmed by the State agency or board.)
SEE ATTACHMENT
(Ifmore space is needed, attach additional pages.)
(4) Because of these facts, the State agency or board has: (check at least one from each column)
X deprived me of property; _X_exceeded its authority orjurisdiction;
ordered me to pay a fine or civil penalty; or acted erroneously;
_-X_otherwise substantially prejudiced my rights; AND Mailed to use proper procedure;
X acted arbitrarily or capriciously; or
_Mailed to act as required by law or rule.
(5)Date: July 2_, ,ZQ03 (6) Your phone number: ( 910 799-2776
(7j Print your full address: 5553 Oleander Drive Wilmington, NC 28403
street addreWp.a.box) city state zip
(8) Print your name: Mona "Faye Black
(9) Your signature::;6g"
You must mail or deliver a COPY of this Petition to the State agency or board named on line (3) of this form. You should contact the agency or
board to determine the name of the person to be served.
CERTIFICATE OF SERVICE
I certify that this Petition has been served on the State agency or board named below by depositing a copy of it with the United States Postal Service
with sufficient postage affixed OR by delivering it to the named agency or board:
N.C. Division of Coastal Management of
(10) Dan Oakley T (I1) the N.C. Department of Environment and
(name ofpersonserved) � (State agency orboardlistedonline 3) N&turaT -Resources
(12) Office of the General Counsel, 1601 Mail Service Center, Raleigh, NC 27699-1601
(street address/p.o_ box) (city) (state) (zip code)
KENNETH A. SHANKLIN
{ 13) This the 2nd day of July 2003 #TTORNEY FOR PETITIONER
(14) t4 MARKET STREET, P.O. BOX 1347
-NG
Mona Faye Black (your signature) ' `$02
When you have completed this form, you MUST mail or deliver the ORIGINAL AND ONE COPY to the Office of Administrative Hearings, 6714
Mail Service Center, Raleigh, NC 27699-6714.
11-06 (1 U99)

ATTACHMENT TO PETITION FOR A
CONTESTED CASE HEARING
July 2, 2003
On June 2, 2003, Rick Shiver, Water Quality Regional Supervisor, of the Division of
Water Quality ("DWQ") of the North Carolina Department of Environment and Natural
Resources ("DENR") issued Stormwater Management Permit No. SW8 030107 ("Permit"), a
copy of which is attached hereto and marked as Exhibit "A," to Mr. Johnny Ivey, Member
Manager of Park -Hinton, LLC ("Permittee"). The Permit pertains to the Hinton Oaks
Townhomes ("Project"), a High Density Stormwater Project, located at the intersection of Hinton
Avenue .and Park Avenue in Wilmington, New Hanover County, North Carolina. The Permit
authorizes the installation of stormwater improvements upon the subject real property for the
construction of 39 townhome units constituting the Project. The Project lies within the corporate
jurisdiction of the City of Wilmington in New Hanover County.
On May 16, 2002, the City of Wilmington's Subdivision Review Board at a regularly
scheduled meeting granted approval for the Project subject to the following condition:
After a brief consideration, Mr. Saulnier moved to amend his _previous motion
with a motion_ to approve the subdivision request for _Hinton Oaks Townhomes
based on staff recommendations, with the additional condition that no stormwater
currently collection subject site shall be allowed to be diverted onto the
neighboring properties. (Emphases in Original).
Subdivision Review Board Meeting Minutes — May 16, 2002 (City of Wilmington).
The Petitioner, Mona Faye Black ("Petitioner"), is the owner of a certain tract of land
described in Book 2280 at Page 517 of the New Hanover County Registry. The Petitioner's
property lies to the west of the Project and is a neighboring property as referenced in Mr.
Saulnier's Motion. Petitioner is a "person aggrieved" under The Administrative Procedure Act
("APA") by the issuance of the Permit as she is a person who is directly and substantially
affected and impacted by the administrative decision. N.C. GEN. S` AT. § 150B-2(6). Petitioner

Attachment to Petition
for Contested Case Hearing
July 2, 2003
Page -2-
will suffer economic damages and loss of property if the subject stormwater improvements as
permitted are installed by the Permittee. Lastly, Petitioner is directly affected by the subject
administrative decision.
Presently, a shallow creek traverses the Project from Hinton Avenue to an existing ditch
at the northwestern corner of the Project. The existing ditch shown on the Project's latest Site
Plan dated April 1, 2003 (C-1) prepared by Phillip G. Tripp, P.E., is not a water transportation
ditch, but a shallow ditch that was originally created for fire protection for the Petitioner's
property, which is currently being used as woodlands.
The Project and Petitioner's land is located in the Seagate Community area of New
Hanover County, which area has been subject to flooding and is traversed with narrow old streets
and inadequate drainage. Essentially, the area is flat.
The Project's Site Plan C-1 shows the installation of a wet pond to store stormwater, but
shows an outlet structure and other intakes of stormwater into a new 48" pipe to be installed
from Hinton Avenue for discharge into a 3:1 riprap-lined channel directly into the existing ditch
upon Petitioner's property. Additionally, the Site Plan C-1 shows the removal of a 24" pipe
under Hinton Avenue to be replaced with a new 48" pipe. The 48" pipe will be owned by the
City of Wilmington with an appropriate easement.
Clearly, the Project's Site Plan C-1 shows a marked increase in the volume and direction
of stormwater from properties east of Hinton Avenue and the Project onto the Petitioner's
adjoining property. There exists no easement across the Petitioner's property for such
stormwater diversion. The currently approved Permit will create considerable flooding problems
for Petitioner's property, which use is unreasonable and violates Petitioner's constitutional and
-2-

Attachment to Petition
for Contested Case Hearing
July 2, 2003
Page -3-
common law property rights. Additionally, the Permit will create a ponding of water upon the
Petitioner's property, which would constitute a recurring trespass upon Petitioner's property
under the holding of the Court of Appeals in Galloway v. Pace Oil Co., 62 N.C. App. 213, 302
S.E.2d 472 (1983). If the government creates the diversion of water, there is a taking of
Petitioner's property by the trespass and/or nuisance. In this context, the "reasonable use" rule
for surface water drainage adopted in Pendergrast v. Aiken, 293 N.C. 201, 236 S.E. 2d 787
(1977) is not applicable. It is a taking of Petitioner's property as concluded by the North
Carolina Supreme Court in Board of Transportation v, Warehouse Corp., 300 N.C. 700, 268 S.E.
2d 180 (1980). Furthermore, the doctrine of "moving to the nuisance" or "priority of
occupation" has no applicability in an action against the State for a taking by flooding directly
caused by permanent structures constructed or authorized by the State.
It is the contention of Petitioner that the Stormwater Permit as issued violates the City of
Wilmington's Subdivision Review Board's approval of the Project, violates the provisions of
Title 15A NCAC 2H.1000 et seq. pertaining to stormwater control for high density projects
within the coastal counties, including New Hanover County, and violates the Petitioner's due
process rights of the right to proffer evidence that the proposed stormwater project and
improvements will cause harm and injury to Petitioner's gy
.
01
Ken&th A. Shanklin
Attorney for Petitioner, Mona Faye Black
214 Market Street
P. O. Box 1347
Wilmington, NC 28402
Telephone; [phone]
Telephone: [phone]
BE

TRIPP ENGINEERING, P.C.
41 419 Chestnut Street
Wilmington, North Carolina 28401
Pllone: [phone] • FAX: [phone]
April 2, 2003
NCDENR
Division Water Quality
127 Cardinal Drive
Wilmington, NC 28405-3845
Attn: Ms. Linda Lewis
Re: Hinton Oaks Townhomes
SW8 030107
New Hanover County, NC
TE 01127
Dear Linda:
REC, V E D
A N K 0 2 2003
BY:Z��_
In response to your correspondence dated March 25, 2003, we offer the following:
I . Wetlands on site have been delineated.
2. Site plan provides dimensioning of buildings, porches, decks, sidewalks etc.
3. No additional sidewalk is proposed from the sidewalks to the buildings.
4. The permanent pool for the pond is dimensioned.
5. Vicinity map has been updated.
6. Infiltration pond label has been deleted_
7. Note number 7 specifies that all roof drains are to be directed to the pond.
Roof drains for units 1 — 13 & 37 — 39 will be routed to the parking lot and
then the pond. This will be done via gutters and downspouts. At this time,
we do not have roof line information, but the owner has been notified of it's
importance.
8. SDMH No. 2 has been converted to a drop inlet.
9. An additional spot elevation has been added to the plans. Approximately
1725 sf of the parking lot access drive will be routed directly to the 48"
pipe. Swale No. 5 is strictly for off -site drainage not roof drainage from the
proposed units. Roof drainage from units 1 & 2 will be routed to the pond.
10. Orifice has been corrected to show 1.25" on the detail.
Please review for approval and contact us with any questions, comments or if you
need additional information. Thank you.
Sincerely,
Tripp Engineering, P.C.
Charles D. Cazier, .I.
5_`
1K:dcb
Enc.

„ F gyp, r�;,
C
O
Michael F. Easley, Governor
William G. Ross, Jr., Secretary
North Carolina Department of Environment and Natural Resources
r Alan W. Klimek, P.E., Director
Division of Water Quality
Wilmington Regional Office
March 25, 2003
Mr. Johnny Ivey, Member -Manager
Park -Hinton, LLC
105 Quail Ridge Road
Wilmington, NC 28409
Subject: REQUEST FOR ADDITIONAL INFORMATION
Stormwater Project No. SW8 030107
Hinton Oaks Townhomes
New Hanover County
Dear Mr. Ivey: '
The Wilmington Regional Office received a Stormwater Management Permit Application
for Hinton Oaks Townhomes on January 15, 2003. A preliminary review of that information has
determined that the application is not complete. The following information is needed to continue
the stormwater review:
1. Please either delineate all wetlands on site, disturbed or undisturbed, or note on
the plans that none exist.
A. Please provide a labeled and dimensioned typical building footprint for each
building tvpe, including porches, decks and sidewalks.
3. Please show and account for any sidewalks leading from the parking lot to the
buildings.
V% 4. Please dimension the permanent pool contour.
5. Please add the nearest intersection of two major roads to the vicinity map. A
major road is any 1, 2 or 3 digit NC, US or interstate highway.
6. The plans label the pond as an infiltration pond, but a wet pond is being proposed.
Please clarify.
V 7. Please note on the plans that all roof drainage must be directed into the pond.
Where will roof drains be directed for Units 1-13 and 37-39, and how will it get to
the pond?
f 8. To avoid potential erosion problems, you might want to consider converting
SDMH 2 into a yard inlet, and allowing Swale #3 to drain into the yard inlet.
9. CIA and CI-2 appear to collect runoff from a portion of the parking lot and then
direct it through the 48” RCP without going through the pond. Since the swale
behind Units 1 and 2 also drains into the 45" RCP, there is a potential for the
runoff from over 3,000 ft2 to leave the site without being treated.
#dCt7ENR
N.C. Division of Water Quality 127 Cardinal Drive Extension Wilmington, N.C. 28405 [phone] Fax [phone] Customer Service
800-623-7748

Mr. Johnny Ivey. Member -Manager
March 25, 2003 V
Stormwater Application No. SW8 030107
Please note that this request for additional information is in response to a preliminary
review. The requested information should be received by this Office prior to April 25, 2003, or
the application will be returned as incomplete. The return of a project will necessitate resubmittal
of all required items, including the application fee. ;
If you need additional time to submit the information, please mail or fax your request for
a time extension to the Division at the address and fax number at the bottom of this Ietter. The
request must indicate the date by which you expect to submit the required information. The
Division is allowed 90 days from the receipt of a completed application to issue the permit.
The construction of any impervious surfaces, other than a construction entrance under an
approved Sedimentation Erosion Control Plan, is a violation of NCGS 143-215.1 and is subject
to enforcement action pursuant to NCGS 143-215.6A. {
Please reference the State assigned project number on all correspondende. Any original
documents that need to be revised have been sent to the engineer or agent. All original
documents must be returned or new originals must be provided. Copies are not acceptable. If
you have any questions concerning this matter please feel free to call me at [phone].
Sincerely,
Linda Lewis
Environmental Engineer
RSS/arl: S:IWQSISTORMWATIADDINFO120031030107.MAR03
cc: Linda Lewis
Phil Tripp, P.E.

DETENTION POND ANALYSIS FILE NAME- G-\DATA\WPDATA\WQS\POND1030107.WKI
PROJECT#: SW8 030107 REVIEWER: L. Lewis
PROJECT NAME: Hinton Oaks Townhornes
DATE:
25-Mar-03
Receiving Stream:
Bradley Creek
Class-
SC HQW #
Drainage Basin:
Cape Fear
Index No.
CPF24 18-87-24-4-(1)
Site Area
4.03 acres
Drainage Area
P'
1,11,2, OO
square feet
Area =
4.03 acres
IMPERVIOUS AREAS
Rational C
Buildings 28228.00 square feet
Parking 35439.00 square feet
SW 5070.00 square feet
square feet
square feet
square feet
TOTAL square feet Rational Cc= 0.12
SURFACE AREA CALCULATION
% IMPERVIOUS
39-16%
SA/DA Ratio
- 2.06%
Des. Depth
6
Req. SA
3612 sf
TSS:
90
Prov. SA
:.]
bsf
VOLUME CALCULATION
Rational ?*
Des. Storm
inches
Rv=
0.40
Bottom
8 rnsl
Perm. Pool
M
sl
Design Pool
15 msl
Design SA
6567 sf
Req. Volume
cf
Prov. Volume
1cf
ORIFICE CALCULATION
Avg. Head =
Flow Q2, cfs
Flow Q5, cfs
No. of Orifices
Diameter, inches
Drawdown =
* place a "l " in the box if Rational is used
FOREBAY
Perm. Pool Volume=
Req. Forebay Volume=
Provided Volume=
Percent=
SA@
Elevation=
Q=
H x W
ffl2.4::; days
COMMENTS
Surface Area , Volume and Orifice are within Design Guidelines
17169
3433.8
3392.00
1.48 sq. in.
0.59 sq. in.
1.23 sq. in.
0.028 cfs
in X in

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WArFRQG Michael F. Easley, Governor
y William G. Ross Jr., Secretary
CO r North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
Date:
March 26, 2003
To:
Phil Tripp, P.E.
Company:
Tripp Engineering
FAX #:
763-5631
FAX COVER SHEET
No. of Pages: 1
From: Linda Lewis
Water Quality - Stormwater
FAX # [phone]
Phone # [phone]
DWQ Stormwater Project Number: SWS 030107.
Project Name: Hinton Oaks Townhomes
MESSAGE:
Phil:
I sent you a request for additional information letter today for this project. 1 also went over the
project with Laurie Munn, our new engineer, and I discovered another minor problem- the plan
details show the orifice diameter as 0.75", but the calculations and supplement show 1.25".
Please revise this on the detail sheet.
S:\WQS\STORMWAT\ADDINFO\2003\030107-2.MAIZ03
N. C. Division of Water Quality 127 Cardinal Drive Extension [phone] Customer Service �.�
Wilmington Regional Office Wilmington, NC 28405 [phone] Fax [phone] NCOEMR-

January 15, 2003
Stormwater Narrative
Hinton Oaks Townhomes
Wilmington, NC
TE 01127
Hinton Oaks Townhomes is an existing 4.03 acre tract occupied by one single-family
house. This house will be removed for the development of a 39 unit townhome complex.
28,228 sf of buildings, 35,439 sf of parking and 5,070 sf of concrete sidewalks are
proposed for a total 39.2% impervious area (68,737 so.
The site is considered high density and runoff is proposed to be treated by wet detention
then discharged to Smith Creek (classification SC-HQW) in an existing ditch. The pond
will be sized to treat the State's 1" and the City of Wilmington's pre -post requirement for
the 10-year storm.

TRIPP ENGINEERING, P.C.
4.19 Chestnut Si reet
Wilniiiigtori, NOrtli Carolina 28401
Phone: [phone] • FAX: [phone]
D-�ol of
JAN 15 Z003
January 14, 2003
BY:
NCDENR
Division Water Quality
127 Cardinal Drive
Wilmington, NC 28405-3845
Attn: Ms. Linda Lewis
Re: Hinton Oaks Townhomes
New Hanover County, NC
TE 01127
Dear Linda:
N� aQkpn�un
�Q
Enclosed please find two (2) sets of plans, one (1) signed original and one (1)
copy of the application form with narrative, one (1) wet detention basin supplement, two
(2) sets of calculations and one check for the application fee.
Please review for approval and contact us with any questions or comments.
Thank you.
Sincerely,
Tripp Engineering, P.C.
Charles D. Cazier, E.I.
CDC:dcb
Enc.

-, ; -lnrzoa3 •
CDC
Hinton Oaks Townhomes
Stormwater Calculations
01127
Total Drainage Area
s . ft.
acres
175,547
4.03
Impervious Area
Land Use
s . ft.
acres
buildings
28,228
0.65
parking/asphalt
35,439
0.81
sidewalks
5,070
0.12
Total
68,737
1.56
Stormwater Calculations:
Time of Concentration:
Hydraulic Length (L) = 600 ft.
change in Height (H) = 2 ft.
Tc = (L' IH)'18p 1 128
9,68 min,
Flow for 2 year, 6 hour Storm A):
QPRe = (CPftE) x (Ito) x (Area)
= 5.92 cfs
QPesT = (CPosT) x (I10)x (Area)
12.56 cis
Soil Storaae Capacity for 2 vear Storm
CN = (98)(% imp.) + (60)(1-% imp.)
= 75
P = 3.30 in. for2yr, 6 hr storm
S = 10001CN - 10
3.33
Depth (D)= [P-(0.2)(S)]21 [P+(0.8)(S)]
1.16 in.
Time to Peak Flow;
TP = [(43.5)(D)(Area)] 1 Q2,Posr
= 16.22 min.
Detention Pond Design:
Pond Size:
Elevation
ft.
Surface Area
(sq. ft.
Normal Pool
14.00
5,215
Flood Pool
15.00
6.567
Top of Bank
17.00
9,152
Bottom of Pool
8.00
508
Provided Storage Volume:
Vol. _ [(Normal pool SA + Flood Pool SA) 1 21
x (F.P. elev. - N.P. elev.)
5,891 cu.ft,
RECEIVED
JAN 15 2003
DWQ
PROJ # S-�'J U 2�0l U)
°A impervious = 0.392
= 39.2%
say 40.0%
CPftE = 0.25
CPosT= (°6
0.53
12 = 5.88 in/hr
Ito = 7.23 in/hr
Flow for 10 year, 6 hour Storm (010):
QPRE _ (CPRE) x (125) x (Area)
7.28 cfs
QPosr = (CPOST) x (125) x (Area)
15.44 cfs
Soil Storage Capacity for 10 year Storm:
CN = (98)(% imp.) + (60)(1-% imp.)
75
P = 4,82 in.' for 10 yr, 6 hr storm
S= 10001CN-10
3.33
Depth (D)= (P-(0.2)(S)]21 [P+(0.8)(S)]
2.30 in.
Time to Peak Flow:
TP = [(43,5)(D)(Area)} ! Q,o,Pos-r
26.16 min.
acaie ourrace Area me unemum ar normal oar
Pond side slopes = 3 :1
De th below N.P. = 6 ft.
SAlDA = 0.0210
(Chart for 90% TSS Removal for Wet Detention
Pond without Vegetative Filter
Required SA = (SAIDA) x (Total Drainage Area)
ft.
State Volume Reouired for Storaae of first 1" of runoff:
Rv = ,05+.009(% imp)
= 0.402403
V= (Design rainfall) (Rv) (Drainage Area)
= 5,887 cu. ft.
���1111111 l I I I1!!!lr��i
011iY,9
SEPG 9:%
1�3Il4�°Q
�rrlrrlilllN11j1
01127pond 1 of 3
A�- I- (+.E)3

s 'IM2003
CDC
Pond Volume:
Hinton Oaks Townhomes
Stormwater Calculations
Bottom SA = 508 sq. ft.
Normal Pool $A = 5,215 sq. ft.
Vol, _ [(N.P. SA + Bottom SA) 121 x (N.P. el. - Bottom el.)
17,169 cu.ft.
Forehay;
Required Volume
Vol. = 20% of storage volume
3,434 cu.ft.
Outlet Structure Design:
Flow for 2-da drawdown:
for 1st 1" of stormwater,
Q = Required Vol. 1172.800 sec. (2-days)
0,034 cfs
Required Area of Pipe for 2-day drawdown:
A= Q 1 (Cd x SQRT(2 x g x h)]
Cd = 0.6
go 32.2 ft.1s2
h = (F,P, elev.- N.P. elev.)12
— 0.5 ft.
A = 0.0100 sq. ft.
Diameter of Pine for 2-dav drawdown;
DIA. = SQRT((A x 4) 1 pil
0.1129 ft.
1.35 in.
'Use: 1.25 in diameter pipe
Outlet Structure Check:
Using a 4' x 4' Basin,
Perimeter L = 16 ft,
Q = CIA
C = (% imp)(.95) + (1-% imp.)(.25)
= 0.53
1 = 7,23 in, for a 25 yr. Storm
A = 4,03 Acres
= 15.44 cfs
Q= CwxLxH'S
H = [Q 1 (Cw x L)]2"
Cw = 3
= 0.47 ft.
Peak elevation = flood pool elevation + H
= 15.47 ft.
Provided Volume
01127
Bottom SA = 272 sq. ft.
Normal Pool SA = 1,989 sq. ft.
Vol. _ [(N.P. SA + Bottom SA) 1 2] x (N.P. ei. - Bott<
3,392 cu. ft.
Flow for 5-day drawdown:
for 1st 1" of stormwater,
Q = Required Vol. 1 432,000 sec. (5-days)
= 0.014 cfs
Required Area of Pipe for_5-day drawdown;
A= Q I [Cd x SQRT(2 x g x h)]
Cd = 0.6
g = 32.2 ft.1s2
h = (F.P. elev. - N.P. elev.) 12
_ , 0.5 ft.
A = 0.0040 sq. ft.
Diameter of Pipe for 5-da drawdown:
DIA. = SQRT](A x 4) / pi]
0.0714 ft.
0.86 in.
01127pond 2 of 3

i. J
State Stormwater Management Systems
Permit No. SW8 030107
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
STATE STORMWATER MANAGEMENT PERMIT
HIGH DENSITY DEVELOPMENT
In accordance with the provisions of Article 21 of Chapter 143, General Statutes of
North Carolina as amended, and other applicable Laws, Rules, and Regulations
PERMISSION IS HEREBY GRANTED TO
Johnny Ivey, Park -Hinton, LLC
Hinton Oaks Townhomes
New Hanover County
FOR THE
construction, operation and maintenance of a wet detention pond in compliance with the
provisions of 15A NCAC 2H .1000 (hereafter referred to as the "stormwater rules') and
the approved stormwater management plans and specifications and other supporting
data as attached and on file with and approved by the Division of Water Quality and
considered a part of this permit.
This permit shall be effective from the date of issuance until June 2, 2013, and shall be
subject to the following specified conditions and limitations:
I. DESIGN STANDARDS
This permit is effective only with respect to the nature and volume of stormwater
described in the application and other supporting data.
2. This stormwater system has been approved for the management of stormwater
runoff as described on page 3 of this permit, the Project Data Sheet. The
stormwater control has been designed to handle the runoff from 68,737 square
feet of impervious area.
3. The tract will be limited to the amount of built -upon area indicated on page 3 of
this permit, and per approved plans.
4. All stormwater collection and treatment systems must be located in either
dedicated common areas or recorded easements. The final plats for the project
will be recorded showing all such required easements, in accordance with the
approved plans.
5. The runoff from all built -upon area within the permitted drainage area of this
project must be directed into the permitted stormwater control system. A permit
modification must be submitted and approved prior to the construction of
additional built -upon area from outside of the approved drainage area.

Project Name:
Permit Number:
Location:
Applicant:
Mailing Address:
State Stormwater Management Systems
Permit No. SW8 030107
DIVISION OF WATER QUALITY
PROJECT DESIGN DATA SHEET
Hinton Oaks Townhomes
Application Date:
Receiving Stream/River Basin:
Stream Index Number:
Classification of Water Body:
Drainage Area, acres:
Onsite, sq. ft.:
Offsite, sq. ft.:
Total Impervious Surfaces, sq. ft.:
Pond Depth, feet:
TSS removal efficiency:
Permanent Pool Elevation, FMSL
Permitted Surface Area, sq. ft.:
Permitted Storage Volume, cubic ft.:
Temporary Storage Elevation, FMSL
Controlling Orifice:
Permitted Forebay Volume, cubic ft.:
SW 8 030107
101 Hinton Avenue, Wilmington
New Hanover County
Johnny Ivey, Member Manager
Park -Hinton, LLC
6229 Richard Bradley Drive
Wilmington, NC 28409
April 2, 2003
Bradley Creek 1 Cape Fear
CPF24 18-87-24-4-(1)
"SC HQW#"
4.03
4.03
0
68,737
6.0
90% (no filter is required)
14.00
5,215@Permanent Pool
5,891
15.00
1.25"0 pipe (drawdown in 2-5 days)
3,392
3

State Stormwater Management Systems
Permit No. SW8 030107
II. SCHEDULE OF COMPLIANCE
The stormwater management system shall be constructed in its entirety,
vegetated and operational for its intended use prior to the construction of any
built -upon surface.
2. During construction, erosion shall be kept to a minimum and any eroded areas of
the system will be repaired immediately.
3. The permittee shall at all times provide the operation and maintenance
necessary to assure the permitted stormwater system functions at optimum
efficiency. The approved Operation and Maintenance Plan must be followed in its
entirety and maintenance must occur at the scheduled intervals including, but not
limited to:
a. Semiannual scheduled inspections (every 6 months).
b. Sediment removal.
C. Mowing and revegetation of slopes and the vegetated filter.
d. Immediate repair of eroded areas.
e. Maintenance of all slopes in accordance with approved plans and
specifications.
f. Debris removal and unclogging of outlet structure, orifice device, flow
spreader, catch basins and piping.
g. Access to the outlet structure must be available at all times.
4. Records of maintenance activities must be kept and made available upon
request to authorized personnel of DWQ. The records will indicate the date,
activity, name of person performing the work and what actions were taken.
5. Decorative spray fountains will not be allowed in the stormwater treatment
system.
6. The facilities shall be constructed as shown on the approved plans. This permit
shall become voidable unless the facilities are constructed in accordance with the
conditions of this permit, the approved plans and specifications, and other
supporting data.
7. Upon completion of construction, prior to issuance of a Certificate of Occupancy,
and prior to operation of this permitted facility, a certification must be received
from an appropriate designer for the system installed certifying that the permitted
facility has been installed in accordance with this permit, the approved plans and
specifications, and other supporting documentation. Any deviations from the
approved plans and specifications must be noted on the Certification. A
modification may be required for those deviations.
8. If the stormwater system was used as an Erosion Control device, it must be
restored to design condition prior to operation as a stormwater treatment device,
and prior to occupancy of the facility.
9. At least 30 days prior to the sale or lease of any portion of the property, the
permittee shall notify DWQ and provide the name, mailing address and phone
number of the purchaser or leasee. An access/maintenance easement to the
stormwater facilities shall be granted in favor of the permittee if access to the
stormwater facilities will be restricted by the sale or lease of any portion of the
property.
4

State Stormwater Management Systems
Permit No. SW8 030107
10. The permittee shall submit to the Director and shall have received approval for
revised plans, specifications, and calculations prior to construction, for any
modification to the approved plans, including, but not limited to, those listed
below:
a. Any revision to any item shown on the approved plans, including the
stormwater management measures, built -upon area, details, etc.
b. Project name change.
C. Transfer of ownership.
d. Redesign or addition to the approved amount of built -upon area or to the
drainage area.
e. Further subdivision, acquisition, or sale of all or part of the project area.
The project area is defined as all property owned by the permittee, for
which Sedimentation and Erosion Control Plan approval or a CAMA Major
permit was sought.
f. Filling in, altering, or piping of any vegetative conveyance shown on the
approved plan.
11. The permittee shall submit final site layout and grading plans for any permitted
future areas shown on the approved plans, prior to construction. If the proposed
BUA exceeds the amount permitted under this permit, a modification to the
permit must be submitted and approved prior to construction.
12. A copy of the approved plans and specifications shall be maintained on file by
the Permittee for a minimum of ten years from the date of the completion of
construction.
13. The permittee must maintain compliance with the proposed built -upon area and
ensure that the runoff from all the built -upon is directed into the permitted system.
14. The Director may notify the permittee when the permitted site does not meet one
or more of the minimum requirements of the permit. Within the time frame
specified in the notice, the permittee shall submit a written time schedule to the
Director for modifying the site to meet minimum requirements. The permittee
shall provide copies of revised plans and certification in writing to the Director
that the changes have been made.
15. The permittee must maintain the current permitted drainage area. No additional
runoff from outside of the permitted drainage area boundary may enter the
permitted stormwater facilities without first applying for and receiving a permit
modification.
Ill. GENERAL CONDITIONS
This permit is not transferable except after notice to and approval by the Director.
In the event of a change of ownership, or a name change, the permittee must
submit a formal permit transfer request to the Division of Water Quality,
accompanied by a completed name/ownership change form, documentation from
the parties involved, and other supporting materials as may be appropriate. The
approval of this request will be considered on its merits and may or may not be
approved. The permittee is responsible for compliance with all permit conditions
until such time as the Division approves the transfer request.
2. Failure to abide by the conditions and limitations contained in this permit may
subject the Permittee to enforcement action by the Division of Water Quality, in
accordance with North Carolina General Statute 143-215.6A to 143-215.6C.
E

` State Stormwater Management Systems
Permit No. SW8 030107
3. The issuance of this permit does not preclude the Permittee from complying with
any and all statutes, rules, regulations, or ordinances which may be imposed by
other government agencies (local, state, and federal) which have jurisdiction.
4. In the event that the facilities fail to perform satisfactorily, including the creation of
nuisance conditions, the Permittee shall take immediate corrective action,
including those as may be required by this Division, such as the construction of
additional or replacement stormwater management systems.
5. The permittee grants DENR Staff permission to enter the property during normal
business hours for the purpose of inspecting all components of the permitted
stormwater management facility.
6. The permit may be modified, revoked and reissued or terminated for cause. The
filing of a request for a permit modification, revocation and reissuance or
termination does not stay any permit condition.
7. Unless specified elsewhere, permanent seeding requirements for the stormwater
control must follow the guidelines established in the North Carolina Erosion and
Sediment Control Planning and Design Manual.
8. Approved plans and specifications for this project are incorporated by reference
and are enforceable parts of the permit.
9. The permittee shall notify the Division any name, ownership or mailing address
changes within 30 days.
Permit issued this the 2nd day of June, 2003.
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
C'X .IG—
Alan W. Klimek, P.E., Director Division of Water Quality
By Authority of the Environmental Management Commission
1.1

StATE
State of North Carolina
Department of Environment, Health, and Natural Resources
Wilmington Regional Office
James B. Hunt, Jr., Governor DIVISION OF ENVIRONMENTAL MANAGEMENT Bob Jamieson
Jonathan B. Howes, Secretary Regional Manager
December 1, 1994
Mr. Wyatt E. Blanchard, P.E.
New Hanover County Engineering Department
414 Chestnut Street
Wilmington, North Carolina 28401 - 4045
Subject: CERTIFICATION OF COMPLIANCE
with Stormwater Regulations
Stormwater Project No. SW8 941108
Hinton / Wrightsville Ditch Maintenance
New Hanover County
Dear Mr. Blanchard:
The Wilmington Regional Office received a Sedimentation and Erosion Control Plan for Hinton
/ Wrightsville Ditch Maintenance on November 16, 1994. Based on our review of the project plans and
specifications, we have determined that the total built upon area is less than 1 acre and therefore complies
with the Stormwater Regulations set forth in Title 15A NCAC 2H.1003(a)(1). No additional impervious
surfaces (sidewalks, outbuildings, etc.) shall be built other than that which is shown on the plans
submitted and approved by this Office.
Any modification of the plans submitted to this Office and approved by this Office or further
development of this contiguous project will require an additional Stormwater Submittal/Modification and
approval prior to initiation of construction, regardless of the fact that such modification may be less than
one acre. Modifications include but are not limited to; project name changes, transfer of ownership,
redesign of built -upon surfaces, addition of built -upon surfaces, redesign or further subdivision of the
project area as shown on the approved plans.
This Certification shall be effective from the date of issuance until rescinded. The project shall
be constructed and maintained in accordance with the plans and specifications approved by the
Wilmington Regional Office. This Certification does not supersede any other permit or approval. The
developer is responsible for obtaining any and all permits and approvals necessary for the development
of this project. This could include the Division of Coastal Management under CAMA requirements, the
Division of Environmental Management under Wetland 401 Water Quality Certification and/or a Dredge
and Fill Permit and/or a Sewer Extension/Collection Permit, U.S. Army Corps of Engineers 404 Wetland
Permit, NPDES stormwater permit if disturbing five acres or more, local County or Town Agency
permits under their local ordinances, or others that may be required.
127 Cardinal Drive Extension, Wilmington, N.C. 28405-3845 • Telephone [phone] Fax [phone]
An Equal Opportunity Affirmative Action Employer

Mr. Blanchard
December 1, 1994
Stormwater Project No. SW8 941108
If you have any questions concerning this matter, please call Mr. Greg Stutts or myself at (910)
395-3900.
Sincerely,
Dave Adkins
Water Quality Supervisor
DA/ges: S:IWQSISTORMWAnCERTIFIC1941108.DEC
cc:
Mr. Sky Conklin, New Hanover County Inspections
Beth Easley, New Hanover County
Bradley Bennett
Greg Stuffs
Wilmington Regional Office
Centml Files

State of North Carolina
Department of Environment, Health, and Natural Resources
Wilmington Regional Office
James B. Hunt, Jr., Governor DIVISION OF ENVIRONMENTAL MANAGEMENT Bob Jamieson
Jonathan B. Howes, Secretary WATER QUALITY SECTION Regional Manager
November 3, 1994
Mr. Jim Craig, P.E.
New Hanover County Engineering
414 Chestnut Street
Wilmington, North Carolina 28401
Subject: REQUEST FOR STORMWATER SURNUTTAL
Hinton/Wrightsville Ditch Maintenance
Stormwater Project No. 56v?
.New Hanover County
Dear Mr. Craig:
On November 2, 1994, the Wilmington Regional Office received a Sedimentation and Erosion Control Plan
for the Hinton/Wrightsville Ditch Maintenance. As of this date, however, we have not received a Stormwater
Submittal regarding stormwater management for the subject project.
Please be aware that any site which requires either a Sedimentation and Erosion Control Plan permit and/or
a CAMA major permit will also require a Certification of Compliance with Stormwater Regulations by the Division
of Environmental Management. Any construction on the subject site, prior to receipt of the required Certification,
will constitute a violation of 15A NCAC 2H.1003 and will result in appropriate enforcement action by this Office.
A Stormwater Submittal or information regarding the status of this project and expected submittal date must
be received by this Office no later than December 3, 1994, or the subject project file will be closed and
construction may experience a subsequent delay. If you have any questions, please call me at (910)-395-3900.
Sincerely,
Ms. Linda Lewis
Environmental Engineer
DA/arl: S:1WQSISTORMWATISTORMSUBIHINTON.NOV
cc: Bradley Bennett
(2) Linda Lewis
Sky Conklin, New Hanover County
Central Files
127 Cardinal Drive Extension, Wilmington, N.C. 28405-3845 •Telephone [phone] • Fax [phone]
An Equal Opportunity Affirmative Action Employer

FINANCIAL RESPONSIBILITY/OWNERSHIP FORM
SEDIMENTATION POLLUTION CONTROL ACT
No person may initiate any land -disturbing activity on one or more contiguous acres as covecpd,bylthe Act
before this form and an acceptable erosion and sedimentation control plan have beeh`comipiete;d,+ ci�approved
by the Land Quality Section, N.C. Department of Environment, Health, and NatuW;Resources. (Pleasetype or
print and, if question is not applicable, place NIA in the blank.) y :�
Part A. NOV 1994
1. Project Name HJ.rit n U,
2. Location of land -disturbing activity: County New Hanover;,City
or Township N/A and Highway / Street
3. Approximate date land -disturbing activity will be commenced: October/November
4. Purpose of development (residential, commercial, industrial, etc.)
Drainage ditch maintenance
5. Approximate acreage of land to be disturbed or uncovered : 2 acres
6. Has an erosion and sedimentation control plan been tiled ?Yes No xrM�-P,r,)bN
7. Person to contact should sediment control issues arise during land -disturbing activity. b �
Name Jim Craia/Wyatt Blanchard Telephone [phone]
8. Landowner (s) of Record ( Use blank page to list additional owners.): u
D
New Hanover County c/o Tax Administrator NOV n 2 19
Name (s)
320 Chestnut Street
Current Mailing Address
D.EM
Plto
Current Street Address 5�Ug 44110 S
Wilmington, NC 28401
City State Zip 'City State Zip
9. Recorded in Deed Book No.,- N_/A Page No. N/A
Part B.
1. Person (s) or firms (s) who are financially responsible for this land -disturbing activity (Use the blank page to list
additional persons or firms):
New:'Hano_ver_ County Engineering
Name of Person (s)or Firm (s)
414 Chestnut Street
Mailing Address
Wilmington, NC 28401
C ity State
Telephone [phone]_39
Zip
Street Address
City State Zip
Telephone

2. (a) If the Financially Responsible Party is not a resident of North Carolina give name and street address of
a North Carolina Agent.
Name
Mailing Address
City State Zip
Telephone
Street Address
City
Telephone
State Zip
(b) If the Financially Responsible Party is a Partnership give the name and street address of each General
Partner ( Use blank page to list additional partners). If the Financially Responsible Party is a Corporation
give name and sheet address of the 'Registered Agent.
Name
Mailing Address
City
Street Address
State Zip City
State Zip
Telephone Telephone
f ' The above information is true and correct to the best of my knowledge and belief and was provided by me
undertpath. ( This farm must be signed by the financially responsible person if an individual or his attorney -in -
fact or if not an ih'dividual by an officer, director, partner, or registered agent with authority to execute instru-
ments fdr the finanacially responsible person ). I agree to provide corrected information should there be any
change in the information provided herein.
Wyatt E. Blanchara, P.E.
Tvnp nr nrint name
County Engineer
Title or Authority
I, CAL r3E(c'rV ArZ 5C14Ufr ��. ^, a Notary Public of the County of
State of North Carolina, hereby certify that W,�A-r-r G� b
appeared personally before me this day and being duly sworn acknowledged that the above form was exe-
cuted by him.
a�
Witness my hand and notarial seal, this �7 day of OC vaBe!F:2 ig
Seal Notary
My commission expires

HINTON/WRIGHTSVILLE DRAINAGE PROJECT
EROSION CONTROL NARRATIVE
Due to the public health concerns, the County is performing
ditch maintenance to alleviate standwater in the area contained by
Michelle Drive, Wrightsville Avenue and Hinton Avenue. The work
will be done by the County Health Department crew. The project
consists of cleaning 2,325 linear feet of existing ditch containing
the work within a 30 foot area. Ken Sholar, Vector Control, has
received Corps of Engineers approval and a state grant for the
project. The project will denude no more than 2 acres.
The erosion control measures shown on the plan are sumps and
immediate seeding. The slopes will for the most part 1.5 to 1 to
1:1 and flatter where possible. All excavated material will be
left on site. The specifications for erosion control and seed are
attached.
STURMWATER
p ECEC Uk n
U
NOV 0 2 1994
DEM
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N 170,00011 ?0,000 N 171,000
-I uv oc vn>e -
Wv. OF unco- _
'REPARED BY PREPARED FOR I_Z_'^
HICAGO AERIAL COUNTYNOVER TOPOGRAPHIC MAP
SURVEY DATE OF MAP _ �975 m oz
NORT14 CAROLI< ^ DATE OF REVISION ��O
'2140 WOLF RD. BOARD OF COu;-W HANOVER COUNTY, N. C• DATE OF AERIAL PHOTO FEB. 0zx
DESPLAINES ILL. C0MMISS10NEf
60018 WILMINGTON, N. MAP NUMBER 56 - 03 200 0 200FEET
284C SCALE I = 200 CON. INT. 2 FEET

Section 01560
Erosion and Sedimentation Control
1.01 General: The contractor shall be responsible for erosion and
sedimentation control within the construction limits; for
prevention of sediment laden runoff leaving the construction
limits or entering ditches, streams or water impoundments; and
for implementation of necessary erosion and sedimentation
control measures to meet the requirements of the County
Engineer and/or North Carolina Department of Environment,
Health, and Natural Resources. The contractor shall also be
responsible for all damages or fines covered by erosion or
sediment laden runoff in the execution of his contract.
1.02 Construction Sequence: while the use of erosion and
sedimentation control devices is especially important on areas
of steep topography, easily erodible soils and sites in close
proximity to water courses throughout the construction period,
the control measures should be installed prior to the
commencement of land clearing and shall be fully maintained
and periodically inspected until final restoration and
stabilization is completed. Unrestored cleared areas shall be
kept to a minimum and disturbed areas ahead of construction
shall only be accomplished on those segments for the shortest
practical, -distance as required for continual progress.
Final restoration will not be delayed until completion of the
project but will_ be accomplished in phases as the work
proceeds. Under no- circumstances will any areas be left
denuded for more than (30) thirty calendar days without some
form of stabilization until final restoration is complete.
1.03 Sedimentation: Control Measures: The following are some of
the sediment control devices or measures that may be required
to prevent sedimentation of streams, water courses, other
water courses or drainage structures:
1.
2.
3.
4.
5.
6.
7.
Earth berms and/or diversion and intercept ditches.
Sediment traps
Filter berms
Filter inlets
Silt fences - not to be
perpendicular to flow.
Check dams gravel filter
Gravel construction exits
placed in streams or ditches
01560.1
STORIAA17AITER111
p EC EL VE
D
Nl0v 0 2 1994
D E M
�x�o� # Sw8 Q 110 $�

1.03.1 Erosion Control Measures: Some of the soil erosion
control measures which may be required in this contract
are:
1. Earth slope protection
2. Diagonal water break diversion berms
3. Diversion channels
4. Preservation of existing vegetation
5. Storm inlet protection
6. Stream crossings
7. Energy dissapators
8. Matting of re -seeded areas
1.03.2 Detail Drawing: Examples of sedimentation and erosion
control details are shown in these plans for installation
at locations designated in the plans or as otherwise
required by the regulating agency, or the owner as work
proceeeds.
1.04 Stream Protection: where construction activities are
necessary in close proximity to streams, and other waterways,
they shall be performed in a manner that does not contribute
to degradation of or blockage of the stream -flow. In order to
prevent possible degradation or blockages, the contractor
shall be required to:
1. Keep all construction debris, excavated materials, brush,
rocks, refuse and topsoil as far from these waterways as•
possible. Restrict machinery operation or stream
crossings in waterways to that extent necessary for
construction of utilities crossings.
2. If construction work areas are necessary in a waterway,
they shall be protected as indicated on the plans.
3. If temporary roadways are essential for the construction
activities, they shall be constructed of soils which are
not highly erodible materials and must not span over more
than one-half way across and water course or wetland area
at any one time unless otherwise approved by the
Engineer. These temporary roadways shall be entirely
removed as soon as their requirement is met. Work in
some of these areas shall follow the Corps of Engineers
or LAMA permit or plan requirements which shall be
applicable.
1.05 Construction Access: The travel of equipment to and from the
construction areas shall be minimized not only to protect
areas that will not be denuded, but also to prevent the
spreading of sediment within and outside of the construction
areas. Therefore, special construction equipment travel
corridors will be established for this use and instructions
shall be' issued for their use. Use of these corridors must be
01560.2
r

fully enforced. Other non -essential traffic will be
restricted or discouraged. Indiscriminate and convenience
traffic shall not be allowed.
1.06 Stockpile/Barrow Areas: The contractor shall be responsible
for selecting, obtaining and maintaining stockpile or barrow
areas which he may require to complete the contract. He is
also required to design and incorporate all necessary sediment
and erosion controls measures necessary to prevent erosion and
contribution of sediment to adjacent areas. The contractor i,s
responsible to obtain all necessary permits or approvals for
barrow or spoil areas outside the construction limits.
1.07 Disposal of Excess Water From Excavations: The contractor
shall practice management of excess water pumped from
excavation to reduce the production and spreading of sediment.
Pumped water shall be discharged onto stabilized surfaces and
allowed to filter through by existing vegetation if possible,.
otherwise, additional control measures may be necessary. If
ditches are required to remove pumped water from construction
excavations, they shall be given the same consideration as any
other man-made waterway and they shall be stabilized as to not
degrade and produce sediment.
1.08 Excavation and Backfill: Excavation shall be closely
controlled and all the material removed from the excavation
shall be selectively stockpiled in areas where a minimum of
sediment 'will be generated and where other damage will ndt
result from the piled material. Drainageways shall be
protected at all times and the placement of material in
drainageways for convenience shall not be allowed.
Backfilling operations shall be performed in such a manner
that remaining trees are not damaged. Temporary repaving
shall be placed promptly after backfill operations are
completed in improved areas.
1.09 Final Grading and Seeding: Finish grading, topsoiling,
seeding and/or sodding shall be performed as specified in
Section 02900 Landscaping, of these specifications. After the
construction phase is complete, permanent vegetation of the
areas, that have been disturbed, shall be re-established as
rapidly as possible. If the completion of the construction
activities do not coincide with a season in which permanent
vegetation can be generated, an interim or temporary program
is required. This shall include soil conditioners and
mulching as necessary for soil stabilization. In any case,
sediment and erosion controls shall be installed promptly and
their maintenance assured.
1.10 Approval: The approved Erosion Control Plan will beprovided
by the engineer. Any standard conditions relating to soil
01560.3

erosion and sediment control issued to the contractor as a
part of any permits shall be available at the job site at all
times.
1.12 Under the provisions of this contract, no separate payment
will be made for any labor or materials necessary to provide
for erosion and sediment control during the construction
project.
01560.4

Section 02900
Landscaping
Part I General: The contractor shall be responsible for providing
all labor, materials, tools, equipment, topsoil, fertilizer, lime
and seed necessary for restoration and stabilization of areas
disturbed under this contract. All areas disturbed, whether in
street right-of-ways, permanent easements or temporary construction
easements shall be restored by the contractor upon completion of
backfilling. Within temporary construction easements, the
contractor may be required to restore original structures,
decorative vegetation, grass seed and shrubbery removed to as near
the original condition as possible and to the approval of the
engineer.
Part 2 Submittals: The contractor shall submit the names and
composition of the fertilizers, sod and seed mixtures and mulch
type to the Engineer prior to initiation of restoration activities
for review and approval.
Part 3 Materials: The contractor shall use the following
materials on the project unless otherwise approved by the engineer.
02900.1

Part 3.1 Topsoil: Top soil shall be a natural, fertile, friable,
productive soil from naturally well drained areas in the immediate
vicinity with a PH between 5 and 9. It shall not contain any
substances that may be harmful to grass growth. Topsoil which has
been stockpiled from trenching or excavations may be used provided
it meets the above requirements. Topsoil delivered to the site in
a frozen or muddy condition shall be rejected.
Part 3.2 Seed: The seed shall have 97% purity and 90%
germination guarantee. All seed must meet the requirements of the
North Carolina Department of Agriculture. Bags shall be labeled
to describe the composition, purity, germination, and the presence
of restrictive or prohibited agents. Damp or moldy seed will be
rejected.
The contractor shall be required to either seed or sod disturbed
areas as to provide a grass stand equivalent to that existing prior
to the disturbing activities without additional compensation.
Part 3.3 Fertilizers: Fertilizer shall be 10-10-10 or equivalent
of uniform, free -flowing granules. The fertilizer shall be
delivered to the site in the original containers labeled with
contents and producer's name. The Engineer may require additional
or a different fertilizer based on seed performance or soil test.
Part 3.4 Lime: The dolomitic lime shall consist of ground
02900.2

agriculture limestone containing not less than 85% of combined
calcium and magnesium carbonates with 60% passing a #60 mesh sieve
and 95% passing a #10 mesh sieve.
Part 3.5 Mulch: Mulch shall consist of small grain straw or other
acceptable material, and shall have been approved by the Engineer
before being used. All mulch shall be reasonably free from mature
seedbearing stalks, roots, or bulblets of Johnson Grass, Nutgrass,
Sandbur, Wild Garlic, Wild Onion, Bermuda Grass, Crotalaria, and
Witchweed, and free from an excessive amount of restricted noxious
weeds as defined by the North Carolina Board of Agriculture at the
time of use of the mulch, and also there shall be compliance with
all applicable State and Federal domestic plant quarantines. Straw
mulch that is matted or lumpy shall be loosened and separated
before being used.
Part 3.6 Jute Netting and Staples: Jute mat shall be cloth of a
uniform plain weave of undyed and unbleached single jute yard, 48
inch in width plus or minus 1 inch and weighing an average of 1.2
pounds per linear yard of cloth with a tolerance of plus or minus
five percent (5%), with approximately 78 warp ends per width of
cloth and 41 weft ends per linear yard of cloth. The yard shall be
of a loosely twisted construction having an average twist of not
less than 1.6 turns per inch and shall not vary in thickness by
more than one-half of its normal diameter.
02900.3

Staples for anchoring soil stabilization matting shall be made of
12 to 20 inch lengths of No. 8 plain wire.
Part 3.7 Asphalt Binding Material: The asphalt binding material
for anchoring mulch shall consist of emulsified asphalt per North
Carolina Department of Transportation specifications.
Part 3.8 Water: Water shall be potable, free of contents which
could retard grass growth.
Part 4 Preparation of Disturbed Areas
Part 4.1 Uncultivated Areas: All uncultivated areas that are
disturbed by the pipe laying operation shall be restored to
good condition with similar materials as original.
Restoration includes, but is not limited to, asphalt, paint
stripes, concrete, curbs, culvert pipe, mailboxes and signs.
Areas shall be cleaned and surplus materials removed.
Natural areas shall be graded to final grade, limed,
fertilized, seeded and mulched as required and as described in
02900 Part 4.2 Cultivated Areas, except no topsoil application
is required. Wetland areas are to be restored with original
vegetation or with plants of same species as specified by the
regulating authority. Topsoil will not be required on road
02900.4

shoulder adjacent to uncultivated areas except .in those areas
where suitable erosion ground cover is unattainable through
seeding.
Part 4.2 Cultivated Areas:
A. General•
Existing seeded and/or planted areas disturbed by construction
shall be dressed with topsoil, fertilized and seeded.
Furnish and apply soil conditioners and seed as specified.
Excess stone from construction activities left on private property
or rights -of -way shall be removed by the Contractor, at his
expense, to prevent damage to maintenance equipment and operations.
B. T 2soil:
After approval of rough grading, the Contractor shall place the
topsoil on all cultivated areas damaged by his operations, except
for road shoulders adjacent to undeveloped and uncultivated areas.
Topsoil shall be at least 3 inches deep.
02900.5

All topsoil from stripping which is not used at the job site shall
be removed from the site and deposited as requested by Owner.
C. Soil Conditioners:
Lime and fertilizer shall be spread and thoroughly worked into the
top 4 inches of soil at the rates of 3,000 lbs/acre and 1,000
lbs/acre, respectively. Then the soil shall be raked until the
surface is finely pulverized and smooth and shall be compacted with
rollers, weighing not over 100 pounds per linear foot of tread, to
an even surface conforming to the prescribed lines and grades.
D. Seedin
Seeding shall be done when weather conditions are approved as
suitable.
If there is a delay in seeding, during which weeds grow or soil is
washed out, the Contractor shall remove the weeds or replace the
soil before sowing the seed, without additional compensation.
Immediately before seeding is started, the soil shall be lightly
raked.
Seed shall be sown during the following dates at the following
pound per acre rates. On a calm day and preferably by machine,
but if by hand, only by experienced workmen. Hydroseeding may be
02900.6

permitted.
1) For soils with good moisture retention from February 15 to
April 30 or September 1 to October 31. Seed with 80 lbs. tall
Fescue, 50 lbs. unhulled Common Bermuda Grass, 40 lbs. Kobe
Lespedeza.
2) For soils with poor moisture retention from April 1 - July 15,
seed with 50 lbs. unhulled Common Bermuda Grass, 5 lbs.
Centipede Grass and 10 lbs. German Millet.
3) Temporarily seeding all other times (to be reseeded at the
first available date listed in 1 or 2 above), 120 lbs. rye
(grain), 50 lbs. Kobe Lespedeza.
Seed shall be raked lightly into the soil to a depth of 1/4 inch
and rolled with a roller weighing not more than 100 pounds per
linear foot of tread.
Wherever poor germination occurs in areas larger than three (3)
square feet, the Contractor shall reseed, roll, and water as
necessary to obtain proper germination.
The Contractor shall water, weed, cut and otherwise maintain and
protect seeded areas as necessary to produce a dense, healthy
02900.7

growth of perennial lawn grass.
E. Mulch:
All seeded areas shall be mulched unless otherwise indicated in the
Special Provisions or directed by the Engineer.
Grain straw may be used as mulch at any time of the year. if
permission to use material other than grain straw is requested by
the Contractor and the use of such material is approved by the
Engineer, the seasonal limitations, the methods and rates of
application, the type of binding material, or other conditions
governing the use of such material will be established by the
Engineer at the time of approval.
Mulch shall be applied within 36 hours after the completion of
seeding unless otherwise permitted by the Engineer. Care shall be
exercised to prevent displacement of soil or seed, or other damage
to the seeded area during the mulching operations.
Mulch shall be uniformly spread by hand or by approved mechanical
spreaders or blowers which will provide an acceptable application.
An acceptable application will be that which will allow some
sunlight to penetrate and air to circulate, but also partially
shade the ground, reduce erosion, and conserve soil moisture.
02900.8

Mulch rate shall be 2 tons per acre.
When there are seasonal limitations on seeding or when other
weather or erosion conditions make it desirable to mulch in advance
of seeding, the Engineer may direct that mulch be applied after the
application and incorporation of limestone into the seedbed, and
the fertilizer and seed then applied later through the mulch in
proper season or under more favorable weather conditions.
Mulch shall be held in place by applying a sufficient amount of
asphalt or other approved binding material to assure that the mulch
is properly held in place. The rate and method of application of
binding material shall meet the approval of the Engineer. Where
the binding material is not applied directly
with the mulch, it shall be applied immediately following the mulch
application.
During the application of asphalt binding material, or other
approved binding materials which may cause damage, adequate
precautions shall be taken to prevent damage to traffic,
structures, guardrails, traffic control devices, or any other
appurtenances. The Contractor shall either provide adequate
covering or change methods of application as required to avoid such
damage. When such damage occurs, the Contractor shall repair it,
including any cleaning that may be necessary.
02900.9

The Contractor shall take sufficient precautions to prevent mulch
from entering drainage structures through displacement by wind,
water, or other causes and shall promptly remove any blockage to
drainage facilities which may occur.
Part 4.3 Jute Netting
A., Site Preparation:
Jute netting shall be required on all slopes greater than 2 to 1
slope, and wherever specified on drawings.
Shape and grade the waterway, channel, ditch, or area to be
protected as required by the drawings and specifications.
Remove rocks, clods over 1-1/2 inches in diameter, sticks and other
material that will prevent contact of the matting with the soil
surface.
B: Lime, Fertilizer and Seed:
Lime, fertilize and seed in accordance with the applicable seeding
standard (Part 4.2 C&D) except when placing jute -matting one-half
of the seed may be applied prior to laying the matting and the
remaining seed applied after laying the matting.
02900.10

C. Installing Netting:
The Contractor shall start laying the matting from the top of the
channel or slope and unroll downgrade so that one edge of the strip
coincides with the channel center. Lay a second strip parallel to
the first on the other side of the channel and allow at least a 2-
inch overlap for jute matting. If one roll of matting does not
extend the length of the channel, continue downhill with additional
rolls.
The Contractor shall secure the matting by burying the top end of
jute strips in a trench 4 inches or more deep. Tamp the trench
full of soil. Reinforce with a row of staples driven through the
jute about 4 inches downhill from the trench. These staples should
be about 10 inches apart. Then staple the overlap in the channel
center. These staples should be 3 to 4 feet apart. The outside
edges may be stapled similarly at any time after the center has
been stapled. Closer stapling along the sides is required where
concentrated water may flow into the channel.
Succeeding strips of matting, farther down the channel or slope,
are secured in a similar manner. Strips of matting on the swale
slopes should be laid and secured as above to a height of 3 feet
above base of swale.
02900.11

Where one roll of jute matting ends and another roll begins, the
end of the top strip overlaps the trench where the upper end of the
lower strip is buried. Make the overlap at least 4 inches and
staple securely.
D. ^ Erosion Stops:
At any point, jute matting may be folded for burying in slit
trenches and secured as were the upper ends. This checks water
flow and erosion that may begin under the matting. It also gives
improved tie -down. The procedure is recommended on the steeper
slopes of sandy soil and gentler slopes subject to seepage.
Spacings vary from 25 to 100 feet as required by the Engineer.
E. Diversions:
Where diversions outlet into the waterway, the outlet should be
protected with matting used in the same manner as in the main
channel. The matting for the outlet is laid first so that matting
in the main channel will overlap the outlet strip.
F. Matting Soil Contact_
The Contractor shall assure that between matting and soil is
obtained by rolling after laying, stapling and seeding are
02900.12

complete. Perfect contact is vital to keep water flow over, not
under, the matting.
G. Inspection:
After job completion, the Contractor shall make sure the matting is .
in contact with the soil at all places and that critical areas are
securely stapled down.
Part 5 Inspection and Acceptance: At the beginning of the next
planting season after that in which the permanent grass crop is
sown, the seeded areas will be inspected. Any section not showing
dense, vigorous growth at that time shall be promptly reseeded by
the Contractor at his own expense.
Restoration shall be acceptable when the grass has grown at least
1" high with 85% coverage; provided that no bare spots larger than
10 square feet exist.
02900.13