SW8970104_Historical File_20211025

Burd, Tina J
From: Burd, Tina J
Sent: Monday, October 18, 2021 9:41 AM
To: [e-mail]
Subject: SW8 970104 - Magnolia Greens Master Plan
The Wilmington Regional Office of the Division of Energy, Mineral and Land Resources (Stormwater Section) accepted
the Stormwater Permit Renewal Application and $505.00 fee for the subject project on October'14, 2021. The project
has been assigned to Ashley Smith and you will be notified if additional information is needed.
Best Regards,
Tina Burd
Administrative Associate II
Wilmington Regional Office
Division of Environmental Assistance & Customer Service
Phone [phone]
NCDEQ
Wilmington Regional Office
127 Cardinal Drive Ext.
Wilmington, NC 28405
e�D,EQ
'.
Email correspondence to and from this address is subject to t;Je
North Carolina Public Records I-aw and may be disclosed io third parties.
Website: http://deg.nc.eoy/about/divisions/enerev-mineral-land-resources/stormwater
Based on the current guidance to minimize the spread of COVID-ig, the Department of Environmental Quality has adjusted
operations to protect the health and safety of the staff and public. Many employees are working remotely or are on staggered
shifts. To accommodate these staffing changes, all DEQoffice locations are limiting public access to appointments only. Please
check with the appropriate staff before visiting our offices, as we may be able to handle your requests by phone or email. We
appreciate your patience as we continue to serve the public during this challenging time.

Project Narrative
JSGS Map for on file?; Subject to SA?: Y / N Subject to ORW?:
'lans j2 Sets'.,
:S:
r BIMS Acicnowiedged Date on this Sheet
Yew Projects -Enter New Permit # on Supplements & Deed Restriction Templates
armittee is different, STOP. Needs to be transferred first.
'in 6 months and they are requesting a mad, STOP. Needs a renewal first.
t not approved in master permit. STOP. Master permit needs mod.
LED ENGINEER DATE:
REVIEWER NAME:
Ar4LL=y
Y / N
Comments-.
ZC,
G:WQ\\\Reference Libra rv�Proceaures\Checrclists\Cornpletsness Review CneCKllst 202109 08

Magnolia Greens Master Association
Meeting Minutes
Monday, November 16, 2020
Rec Center Multipurpose Room
ECEI E
OCT 18 2021
Call to Order: 3:00 pm
Attendance: Mike Steenberge, Bob Schneider, Louise Woods, Carol Enriquez, Tom
Mahoney
CEPCO Personnel present: Angie Barker, Association Manager
Introduced Bob Schneider, Louise Woods and Tom Mahoney to the other board
members.
Election of Officers:
President — Mike Steenberge (2 yrs. Nov. 2021)
Vice President — Bob Schneider (2 yrs. Nov. 2022)
Secretary — Carol Enriquez (2yrs. Nov. 2021)
Treasurer — Louise Woods (2 yrs. Nov. 2022)
At Large — Tom Mahoney (2 yrs. Nov. 2022)
Discussion regarding new pool contractor, Tidewater Aquatics and new cleaning
contractor, Heavenly Scent. Angie is to contact both vendors to see if they will agree to
a 2 year contract with no increase.
Discussed bathymetric study and future meeting with the Lake Doctors to review the
study performed.
Adjournment: 5:00 p.m.

Smith, Ashley M
From: Angie Barker <[e-mail]>
Sent: Monday, October 18, 2021 5:38 PM
To: Smith, Ashley M
Subject: [External] RE: State Stormwater Permit #SW8 970104 Additional Information
Attachments: 201116 Magnolia Greens Board Meeting Minutes.pdf
Follow Up Flag: Follow up
Flag Status: Flagged
Clio 1 ION: External email. Do not click links or open attachments unless you verify. Send ail suspicious email as an attachment to
KeAor�C jf)���
Good afternoon Ashley.
Attached are the Board minutes showing that Robert Schnieder appointed the board vice president.
Thank you.
Angie Barker
Association Manager
Email: [e-mail]
Office: [phone] / Fax: [phone]
�s►�aol ,rksMairie4litru 9rtWnu��ra+i
1022 Grandiflora Drive Suite 100, Leland, North Carolina 28451
Our Office Hours: Monday through Thursday, 8:30 a.m. — 5:00 p.m.
Friday 8:30 a.m. —12:30 p.m.
Saturday/Sunday: Closed
Please visit us at www.cepco-nc.com
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From: Smith, Ashley M[mailto:[e-mail]]
Sent: Monday, October 18, 20213:51 PM
To: Angie Barker <[e-mail]>
Subject: State Stormwater Permit #SW8 970104 Additional Information
Hello,

Attached is a pdf of the request for additional information for the subject project. Please let me know if you have any
questions or concerns.
Thanks!
Ashley Smith
Renewal Specialist
Division of Energy, Mineral and Land Resources, Wilmington Regional Office
NC Department of Environmental Quality
Phone [phone]
Email ash leym.smithCMncdenr.gov
127 Cardinal Drive Ext.
Wilmington, NC 28405
Email correspondence to and from This address is subecr to the
North Carolina Public Records La.r✓ aad may be disclosed to third parties.

ROY COOPER
Ti+f" AW
EUZABETH I BISER
BViN WRENN
D&artw
October 18, 2021
Via email only: abarker(&cepco-nacom
Magnolia Greens Master Association, Inc.
Attn: Robert Schneider
1628 Doctors Circle
Wilmington, NC 28401
Subject: Request for Additional Information
Stormwater Project No. SW8 970104
Magnolia Greens Master Plan
Brunswick County
Dear Mr. Schneider:
The Wilmington Regional Office received and accepted a State Stormwater Management Permit Renewal
Application for the subject project on October 14, 2021. A preliminary in-depth review of that information has
determined that the application is not complete and that additional information is needed. To continue the review,
please provide the following additional information in a single, hard cony submittal package:
15A NCAC 02H.1040(1)(a) and .1042(2)(b)(ii) : The application was signed by Robert Schneider;
however the provided documentation from the NC Secretary of State does not identify Mr. Schneider as a
president or vice president of this corporation. In the case of a corporation, the application must be signed
by a principal executive officer of at least the level of vice-president.. Please either:
a. Provide official documentation showing that Mr. Schneider is a president or vice president and
authorized to sign for the corporation;
b. Have one of the identified members of the corporation sign the application documents; or
c. The signature by other agents shall be accepted on the application only if accompanied by a letter
of authorization signed by the appropriate authority. Provide a letter of authorization from one of
the identified members of this corporation authorizing Mr. Schneider to sign on their behalf.
Please remember to confirm that any revised information is presented consistently throughout the application
documents. Please also remember to provide a hard copy of any updated documents per 15A NCAC
02H.1045(3).
The requested information should be received in this Office by November 2, 2021, or the application will be
returned as incomplete. If additional time is needed to submit the requested information, please email your
extension request prior to this due date to the email address provided below with a justification and a date of when
the requested information will be submitted, which shall be no later than 15 days past the original due date. Please
note that only two letters requesting additional information is allowed in the State Stormwater Program for a
total of 30 days to submit the requested additional information. If the information is not satisfactorily provided
after either the second request or 30 days, the project will be returned. If the project is returned and you wish to
re -submit later, you will need to resubmit all required items at that time, including the application fee.
Please reference the State assigned application number on all correspondence. If you have any questions
concerning this matter, please feel free to call me at [phone] or email me at [e-mail].
Sincerely,
Ashley Smith
Renewal Specialist
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State Stormwater Permit No. SW8 970104
Page 2 of 2
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Wilmington Regional Office Stormwater File
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Johnson, Kelly
From: Johnson, Kelly
Sent: Wednesday, February 13, 2019 11:25 AM
To: '[e-mail]'
Cc: Sams, Dan; Chad Coburn; Brown, Creighton A
Subject: SW8 970104, Magnolia Greens (1022 Cherrywood Ct. Leland, NC)
IV'i s. B4 t kr r,
As we discussed, I understand that the HOA is manta"ning a swale on the lot line oI Mr. Miller's land. I talked to my
supervisor, Can Sams. Dan has talked to Terry Miller on several occasions. You have explained that, as a representative
of tiie HOA- you are trying o undorstand what you need to do. I found this photo from December. You have asked if
you need to maintain tho swale in this slightly curved configuration or if you need to straighten it down the let line. I
understand from our discussion that Mr. Miller has a larger portion of a drainage casement (preWmcbly to the left in
i hP inrwto) tharl the neighbor. That may be why the swale was installed this way, or it may hove just been the 'hack of
iOv!er elevation which dictated where the water drained. As long as the swale brings the water from the road to the
we'dand, it s enis io meet its intended function. Since I understand that the Swale is in the easement I am not sure that
it malces a difference if it is slightly curved.
You had also mentioned that Mr. Miller had approached you about filling the wetlands at the back of his property and
building a retaining wall. He also alluded to having obtained the necessary approvals for that. I have cc'd Chad Coburn
with NC401(the State wetlands group). Chad would be the best contact for that. (Chad, I had made the diagram below
for another inquiry. But, it chows the wetland line on the lot in question.)
if you all have further questions, please let us know.
Thr:nks,
IZ�IIy

F�. LLLI Jol wsovw
Kelly Johnson
Environmental Engineer
NC Division of Energy, Mineral and Land Resources
Stormwater Permitting
127 Cardinal Drive Extension
Wilmington, NC 28405-3845
Phone: [phone]
E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be
disclosed to third parties.

a wrw r we eo -
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Cherrywood Lame
T he area shaded yellow drams to
Water Qualny structure IWQSSj 09,
a swale on the lot Itne between
lots 6.15 and 6. 11. Water drams
from the street iowar ds the
wellands (shaded green1, which
are panially kxited on ] 622
Cherrvwood, the area shaded n
blue is approvirna [ ely rhp drainage
area o(the, qr
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Johnson, Kelly
From:
Johnson, Kelly
Sent: Friday, January 25, 2019 2:35 PM
To: Brown, Creighton A
Subject: RE: fExternall Sedimentation and erosion @ 1022 cherrywood ct. Leland nc
Creighton,
Here is what I found in my file review:
The master permit for Magnolia Greens (SW8 970104) has several related permits. 1022 Cherrywood Lane is located in
a low density area of SW8 970104. Water in this low density area (shaded in yellow) drains from the street, through a
Swale between lot lines 6-15 and 6-17, and to the wetlands (shaded in green). The pond Mr. Miller references is in the
same permit, but he is not in the permitted drainage area of the pond. The approximate drainage area of that pond is
shaded in blue. Mr. Miller is therefore correct that water collects in the street near his home, and flows to the wetland
(and then Jackey's Creek) directly via a Swale. And, water from the pond also drains to the wetland (and then Jackey's
Creek) just upstream from his home. Mr. Miller's description of the flow of water seems to support the permitted
configuration. Is this what you found in your inspection as well? If so, then unfortunately, it is likely that the amount of
rain we have had in recent months has saturated the ground and let to more regular flooding of the wetlands (and
potentially the area near the wetlands).
But, as.you know, the State Stormwater permit is solely an environmental permit. The DEMLR does not have any
regulatory authority over flooding. Flooding is handled at the local level in North Carolina. Unfortunately, the recent
rain is beyond the capacity of many local flooding protections, and we are seeing these issues all along the coast of
North Carolina. Hopefully the rain will subside, and the issues will resolve themselves in the near future.
Kelly
"O"W s rp w
rm EASEW LOCATED
1022 Cherrywood Lane
The area shaded yellow drains to
Water +Quality Structure (WQS) 29,
a Swale on the lot line between
lots 6.15 and 6.17. Water drains
from the street towards the
wetlands(shadedgreen), which
are partially located an 1022
Charrywood. The area shaded in
blue is approximately the drainage
area of the r—,po!l.
F,ngineeri n� Inc
. -.° 000
" -- ---,�� WrETLAND BOUNDARY-,
M mom VZOW

From: Brown, Creighton A
Sent: Friday, January 25, 2019 1:25 PM
To: Johnson, Kelly <[e-mail]>
Subject: RE: [External] Sedimentation and erosion @ 1022 cherrywood ct. Leland nc
No, it was included in the Leland stormwater inquiry.
From: Johnson, Kelly
Sent: Friday, January 25, 2019 1:11 PM
To: Brown, Creighton A <[e-mail]>
Subject: RE: [External] Sedimentation and erosion @ 1022 cherrywood ct. Leland nc
Do you have the file? It looks like they already contacted the Town about it, and the Town closed it out on 12/28....
https://seeclickfix.com/issues/`4956851-hurricane-related-incidents
From: Brown, Creighton A
Sent: Friday, January 25, 2019 11:10 AM
To: Johnson, Kelly <[e-mail]>
Subject: FW: [External] Sedimentation and erosion @ 1022 cherrywood ct. Leland nc
From: Weaver, Cameron
Sent: Friday, January 25, 2019 11:07 AM
To: Brown, Creighton A <[e-mail]>
Subject: FW: [External] Sedimentation and erosion @ 1022 cherrywood ct. Leland nc
Hi Creighton.
See below about Magnolia Greens.
Cameron Weaver
Environmental Assistance Coordinator
NCDEQ-Wilmington Regional Office
127 Cardinal Drive Ext.
Wilmington NC 28405
910-796-7265
[e-mail]
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.
From: terry miller <[e-mail]>
Sent: Thursday, January 24, 2019 6:05 PM
To: Weaver, Cameron <[e-mail]>
Subject: [External] Sedimentation and erosion @ 1022 cherrywood ct. Leland nc

External email. ❑o not click links or open attachments unless you verify. Send all suspicious email as an attachment to
Please investigate the stormwater permit @ 1022 cherrywood ct which is part of magnolia greens. The permit for this
easement is piggy backing off the stormwater permit @ the end of my street. This permit say it dumps runoff to the
wetlands and eventually to jackees creek. This is false on both permits as the easement @ this location deposits street
runoff into my backyard and the stormwater pond runoff goes directly across the street and has created its own
stream/creek which floods my backyard. part of my yard is wetlands but this two point runoff has infringed on my house
and I fear foundation. I have several sinkholes (3) and have lost all the wooded area down trees due to flooding @ every
rainstorm. todays rain which was 0.51 less the an inch is shown in the att.pic.
Please contact me @ 9103997472
••t,-"44
x
:6.. P
3

C.
Compliance Inspection Report
Permit: SW8970104 Effective:10/30/13 Expiration: 10/04/21
Project: Magnolia Greens Golfcourse Master Plan
Owner. Magnolia Greens Master Association Inc
County: Brunswick Adress: Grandiflora Dr
Region: Wilmington
City/State/Zip: Leland NC 28451
Contact Person: George Steelberg Title: President Phone:
Directions to Project:
Along north right-of-way on Hwy. 17 approx. 1000' NE of Hwy. 17 and Lanvale Road intersection.
Type of Project: State Stormwater - LD - Curb and Gutter State Stormwater - HD - Detention Pond
Drain Areas: 1 - (Jackeys Creek) (03-06-17) (C;Sw)
5 -(Sturgeon Creek) (03-06-17) ( C;W
On -Site Representative(s):
Related Permits:
SW8990047
Magnolia Greens Master Association Inc - The Lanvale Townhomes At Magnolia
SW8140207
Magnolia Greens Ventures LLC - Stay & Play at Magnolia Greens Retention Por
SW8981008
Magnolia Greens Master Association Inc - Magnolia Greens Sections 0 & 10
SW8020527
Magnolia Greens Master Association Inc - Section 19 at Magnolia Greens
SW8000220
Magnolia Greens Master Association Inc - The Lakes at Magnolia Greens
SW8020522
Magnolia Greens Master Association Inc- Glendale at Magnolia Greens
SW8991136
Magnolia Greens Master Association Inc- Magnolia Greens Phase III and IV
SW8990628
Magnolia Greens Master Association Inc - Fairway Village At Magnolia Greens
SW8980807
Hsp-I LLC - Magnolia Village 1A 2 1B 1C Common Area
Inspection Date:
01/11/2019 EntryTime: 11:45AM Exit Time: 01:10PM
Primary Inspector: Creighton A Brown
Secondary Inspector(s):
Kelly Johnson
Reason for Inspection: Routine
Permit Inspection Type: State Stormwater
Facility Status: ❑ Compliant Not Compliant
Question Areas:
State Stormwater
(See attachment summary)
Phone: [phone]
Inspection Type: Compliance Evaluation
page: 1

perMit: SW8970104 Owner - Project: Magnolia Greens Master Association Inc
Inspection Date: 01/11/2019 Inspection Type Compliance Evaluation Reason for Visit: Routine
Inspection Summary:
Pond 5: The fenced in area appears to have been damaged where the pond will not hold water.
Swales 8&9: These swales appear to have been maintained, but vegetation is not established which has let to erosion.
Swale 3: This swale is eroding
File Review
Is the permit active?
Signed copy of the Engineer's certification is in the file?
Signed copy of the Operation & Maintenance Agreement is in the file?
Copy of the recorded deed restrictions is in the file?
Comment:
Built Upon Area
Is the site BUA constructed as per the permit and approval plans?
Is the drainage area as per the permit and approved plans?
Is the BUA (as permitted) graded such that the runoff drains to the system?
Comment:
SW Measures
Are the SW measures constructed as per the approved plans?
Are the inlets located per the approved plans?
Are the outlet structures located per the approved plans?
Comment: See summary
Operation and Maintenance
Are the SW measures being maintained and operated as per the permit requirements?
Are the SW BMP inspection and maintenance records complete and available for review or provided to
DWQ upon request?
Comment: See summary
Yes No NA NE
❑ ❑ ❑
❑ ❑ ❑
■ ❑❑❑
■ ❑❑❑
Yes No NA NE
■ ❑❑❑
■ ❑❑❑
■ ❑❑❑
Yes No NA NE
❑ ■❑❑
Yes No NA NE
❑ E❑❑
❑ 1111
page: 2

State Stormwater Inspection Report
General
Proj ect Name:
Permit No: S W8 a'7 OI O y
Expiration Date:
i
Contact Person:
W
Phone Number:
Inspection Type:
Inspection Date: ��,V1
Current Weather:
Time In: t(,q<',
Recent Rain (Date)?
Time Out:
Rain — in j
Facility Address / Location: I
I
City: i Zip: County: I Lat: o "N I Long: - «W
Permit Information
Rule Subject to (circle one): 1988 Coastal Rule 1995 Coastal Rule 2008 Coastal Rule Session Law 2006-246
Goose Creek High Quality Waters Outstanding Resource Waters
Density (circle one): High (HD) Low (LD)
Stormwater Best Management Practices (BMPs) (insert number of each):
Wet Ponds Infiltration Basins Infiltration Trenches LD Swales Stormwater Wetlands
Dry Ponds Bioretention Permeable Pavement Sand filters (circle one) Open Closed
Cistern Level Spreader/Filter Strip Other (specify):
File Review Yes• No N/A N/F
1. Is the permit active?
I
2. Signed Engineer's Certification on file?
3. Signed Operation and Maintenance agreement on file? SAS
4. Recorded Deed Restrictions on file? T WWI
Site Visit: Built Unnn Area IRIIAI
IL"
V-- AL. d1/A K11C
5. BUA is constructed and consistent with the permit requirements?
6. BUA (aspermitted) is graded such that the runoff drains to the system? (high density only)
7. Drainage area is consistent withpermit? i.e. no un ermitted drainage to the SW BMPs f
8. Drainage area is stabilized? (to reduce risk of sedimentation to the SW BMPs)
Site Visit: Stormwater BMPs vex AID. KIIA AIIC
--
9. Stormwater BMPs are located per the approvedplans?
_---
-----
----
10. Stormwater BMPs have dimensions e . length, width, area) matching the approved plans?
11. Stormwater BMPs are constructed per the approved plans?
i
Site Visit: Ooeration and Maintenance vow Ain AI/A AIM
12. Access points to the site are clear and well maintained?
13. Trash has been removed as needed?
14. Excessive landscape debris (grass clippings, leaves, etc) is controlled?
15. Stormwater BMPs being operated and maintained as per the permit requirements?1.
1 1zj
16. Inspection and Maintenance records are available for inspection? (high density only, 1995 —present only)
Site Visit: Other Permit Conditions
17. Is the site compliant with other conditions of the permit?
Site Visit: Other Water Quality Issues
18. Is the site compliant with other water quality issues as noted durinp, the
Yes No N/A N/E
Yes No N/A N/E
State Stormwater Inspection Report, Version 3.0_3-09 Page I of 2

State Stormwater Inspection Report
Comments
I PJ av�ot appmv'S b `�"b W.vZ 0&a
h1Pv� r 0-Sed �I, v?. fo,) Pi J�EAw'--`ft;'
Tfiv�;;l J �.G�C�G I',
ea,
-)o jnaw_ 61,AMaink. but vGcci,,t,cti tnoF
PBU
c pp
on Plctures (some of the pictures taken during the site vis
Compliance Status ❑ Compliant ❑
Letter Sent (circle one): Yes No Letter type: CEI
Date Sent:
Non -Compliant
Reference Number:
NOV NOVRE Other
Inspector Name and Signature: vti'- r Date: I A
State Stormwater Inspection Report, Version 3.0_3-09 Page 2 of 2

„u 5TArf
t
ROY COOPER
Governor
MICHAEL S. REGAN
secretary
WILLIAM E. (TOBY) VINSON, JR.
Interim Director
January 7, 2019
Magnolia Greens Master Association, Inc.
Attn: current President
C/o CEPCO
1022 Grandiflora Drive
Suite 100
Leland, NC 28451
Subject: Notice of Inspection
NORTH CAROLINA
Environmental Quality
Magnolia Greens Master Plan
State Stormwater Management Permit No. SW8 970104
Brunswick County
Dear current President:
On December 18, 2018, the Wilmington Regional Office of the Division of Energy, Mineral and Land
Resources (DEMLR) sent the attached letter regarding a recent file review and inspection of the subject
project. That letter was returned by LISPS as they were unable to forward to the proper address.
In addition to the items mentioned in the attached letter, please also complete a Permit Information
Update Form, available on the following websiie to update your contact information on record with the
Division: litl:ps://deq.nc. gov/about/divisions/energy. -mineral-land-resources/energy-mineral-land-
rules/stormwater=pro ram/post-constructio❑
Please provide the requested information, or to respond to this letter with a plan of action, including a
timeline to resolve the identified deficiencies, by February 9, 2019. If the requested information is not
submitted to this office by the due date, then DEMLR staff will re -inspect the site and may issue a Notice
of Violation. Please also note that any individual or entity found to be in noncompliance with the
provisions of a stormwater management permit or the stormwater rules is subject to enforcement action as
set forth in NCGS 143 Article 21, including the assessment of civil penalties of up to $25,000 per day.
If you have any questions, please contact me at the Wilmington Regional Office, telephone number (910)-
796-7215 or via email at [e-mail].
Sincerely,
Christine Hall
Environmental Engineer
ONkhEnclosure: Compliance Inspection Report
GDS\canh: \\\Stormwater\Permits & Projects\1997\970104 HD\2019 01 CEI_neither 970104
cc: WiRO Stor,71water Permit Fik
�� North Carolina Department of Environmental Quality I Division of Energy, Mineral and Land Resources
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NORrri cns+ouwa
... ,,VV- Wilmington Regional Office 1 127 Cardinal Drive Extension I Wilmington, North Carolina 28405
o.parbnanc m c :w�w a.u� ,/�� 910.796.7215

Johnson, Kehy
From: Johnson, Kelly
Sent: Friday, December 21, 2018 10:44 AM
To: Sams, Dan; Scott, Georgette
Cc: L ewis,Linda; Hall, Christine; Pusey, Steven
Subject: RE: [External] Leland Inquiry
I pulled these five files. Three of them have no runt comply 11s, and have been certified. Christine issued Z, com..pliant
inspection for another one this vieek, and there are emails with Linda with the final one, but it doesn't appear to be an
issue. Let's regroup after the holidays. All of the files are on the floor in my office.
IN
From: Sams, Dan
Sent: Thursday, December 20, 2018 5:18 PM
To: Scott, Georgette <[e-mail]>
Cc: Lewis,Linda <[e-mail]>; Hall, Christine <Christine. Hall@ ncden r.gov>; Johnson, Kelly
<[e-mail]>; Pusey, Steven <[e-mail]>
Subject: FW: [External] Leland Inquiry
Georgette:
I don't know if this is a situation to which one of the engineers is up-to-date, but if not we may need to investigate to see
if something other than a 100+ inches of rain over the past calendar year is to blame for the inability to drain within the
2-5 day timeframe.
Thanks....
clan
Division of Energy, Mineral, and Land Resources — Land Quality Section
Department of Environmental Quality
910-796-7215
dan.sams@n ft. ,rr.=-ov
E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law end may be.
disclosed to third parties.
From: Lucas, Annette
Sent: Thursday, December 20, 2018 5:07 PM
To: Sams, Dan <[e-mail]>
Cc: Smith, Danny <[e-mail]>; Vinson, Toby <[e-mail]>
Subject: FW: [External] Leland Inquiry

t
-)a n
nanny has asked that I torvWard this to you for you all to investigat •. Please let 0arrv, Toby and me finew whyou
!u;ve a chance to lo7)k into it.
Thank,
Annette
From: Smith, Danny
Sent: Sunday, December 16, 2018 11:00 AM
To: Lucas, Annette <[e-mail]>
Cc: Smith, Danny <[e-mail]>
Subject: FW: [External] Leland Inquiry
Hey Annette — Let discuss this when you get back into the office. I want to make sure we have contacted the Assistant
Town Manager and the RO.
Thanks
Danny
Danny Smith, Interim Director
Division of Energy, Mineral and Land Resources
E-Mail: [e-mail]
1612 Mail Service Center
Raleigh, North Carolina 27699
From: Gregson, Jim
Sent: Thursday, December 06, 2018 2:54 PM
To: Smith, Danny <[e-mail]>
Subject: FW: [External] Leland inquiry
Jim Gregson
Deputy Director
Division of Water Resources
Department of Environmental Quality
1611 Mail Service Center
Raleigh, NC 27699-1611
919.707.9147 Direct
Jim. egson.ct,ncdenr.god:
Q
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.
2

From: Niel Brooks <[e-mail]>
Sent: Thu; sday,"Jecember 06, 2018 8:42 AM
To: Gregson, Jim <jim.gregson ncdenr.gov>
Subject: [External] Leland Inquiry
R ' External email. ❑❑ not click links or open attachments unless verified. Send all suspicious email as an attachment to.
Mr. Gregson,
In October, the Town of Leland sent two letters (attached) inquiring about stormwater compliance issues in
Leland. I am not aware of any formal response from NCDEQ to these requests. Can you please update me on
the status of these requests so I can update our Mayor and Town Council? Thanks!
Niel Brooks
Assistant Town Manager
Town of Leland
102 Town Hall Dr.
Leland, NC 28451
Direct: [phone]
Mobile: [phone]
www.townofleland. corn
All messages sent to or from this e-mail account are subject to the NCpublic records law.
3

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R'oaPn of e anWo�
102 Town Hall Drive - Leland, North Carolina 28451
[phone] -Far (910) 37I-1073
October 15, 2018
Jim Gregson
Regional Supervisor, Water Resources, Water Quality Regional Operations Section
NCDEQ Wilmington Regional Office
127 Cardinal Drive Ext.
Wilmington, NC 28405-1651
RE: SW8 91Q,t. @nd SW8 000220 Magnolia Greens Subdivision
Mr. Gregson,
RECEIVEDIR wRIDI R
ocT 19 201B
Water Quality Reg !onal
pperations on21 Cf,;ce
Wlminpn Reg
PECEIVE
DEC 2 0 2019
1 : �..�
In 2017, the Town of Leland hired a consultant engineer, Cape Fear Engineering, to study residents' concerns
regarding flooding in the vicinity of Parkmore Court, Morningview Way, and Redfield Drive within the Magnolia
Greens subdivision in Leland. The Magnolia Greens neighborhood is covered under state
stormwater permits SW8 970104 and SW8 000220. The final report was presented to the Town in August 2018.
The report indicates that there appears to be several elements of existing design that do not meet the
requirements of the existing permit.
The existing permit requires the ponds on site to maintain a Normal Water Level (NWL) of 21', as well as return
to that elevation within 2-5 days of an event. The existing pond outlet system has been modified such
that a NWL elevation of approximately 23.5' is maintained. The system only has the ability to drain to an
elevation of 21.76'. The system also appears to not be able to discharge the treated volume within the 2-5 day
requirement.
The Town has a vested interest in these ponds, as the inability to maintain the proper NWL appears to
contribute to periodic flooding and inundation of the Town's public road system with stormwater during normal
rain events. The ponding of water may cause accelerated deterioration of the road sub -base as well as the
asphalt. This in turn costs the town taxpayers as the infrastructure may need to be replaced or repaired more
often.
The Town requests that NCDEQ work with the responsible parties to review and determine if the existing
infrastructure is in compliance with existing permits and — if necessary —work to modify the existing permits in a
way such that the risk to the surrounding areas from flooding is diminished. Thank you for considering this
request and please feel free to contact Town Manager David Hollis with any questions.
Sincerely,
CX. _..
Brenda Bozeman
Mayor
Brenda Bozeman
Mayor
Pat Batleman
Mayor Pro Tem
Michael Callahan
Councilmember
Bob Corriston Bob Campbell David A. Hollis
Councilmember Councilmember Town Manager

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ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
WILLIAM E. (TOBY) VINSON, JR.
Interim Director
December 18. 2018
NORTH CAROLINA
Environmental Quality
Magnolia Greens Master Association, Inc.
Attn: Mr. George Steelberg, President
2502 S. 17fi' Street
Wilmington, NC 28401
Subject: Notice of Inspection
Magnolia Greens Master Plan
State Stormwater Management Permit No. SW8 970104
Brunswick County
Dear current President:
On December 3, 2018, the Wilmington Regional Office of the Division of Energy, Mineral and Land
Resources (DEMLR) inspected the subject project, along Cherrywood Ct. in Brunswick County to
determine the status of compliance with the State Stormwater Management Permit Number S W8 970104
last issued on October 30, 2013. DEMLR file review and site inspection revealed that the site
maintenance was being conducted and that compliance with the terms and conditions of this permit could
not be confirmed. Please find a copy of the completed form entitled "Compliance Inspection Report"
attached to this letter, which summarizes the findings of the recent inspection.
As indicated in the attached inspection report:
1. Maintenance to the swales was being conducted. Vegetation had been removed and sections
were re -graded. Please ensure final swales have 5:1 slopes, are not channelized, and are
vegetated.
Please be advised that, as the permittec, you are required to comply with the terms, conditions and
limitations of the Stormwater Management Permit under Title 15A North Carolina Administrative Code
2H .1003 and North Carolina General Statute 143-214.7, including the operation and maintenance of the
permitted stormwater system.
Failure to provide the requested information, or to respond to this letter with a plan of action, including a
timeline to resolve the identified deficiencies, by January 25, 2018, are considered violations of the
permit. If the requested information is not submitted to this office by the due date, then DEMLR staff
will re -inspect the site and may issue a Notice of Violation. Please also note that any individual or entity
found to be in noncompliance with the provisions of a stormwater management permit or the stormwater
rules is subject to enforcement action as set forth in NCGS 143 Article 21, including the assessment of
civil penalties of up to $25,000 per day.
If you have any questions, please contact me at the Wilmington Regional Office, telephone number (910)-
796-7215 or via email at [e-mail].
Sincerely,
lit
Christine Hall
Environmental
Engineer
?nclosure:
Compliance Inspection Report
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WiRO Stormwater Pen -nit Pile
L�2, E �� North Carolina Department of Environmental Quality I Division of Energy, Mineral and Land Resources
Wilmington Regional Office 1 127 Cardinal Drive Extension I Wilmington. North Carolina 28405
NORh1 CARDIJPIP.
owNVY /"� 910.796.7215

Compliance Inspection Report
Permit: SW8970104 Effective:10/30/13 Expiration: 10104/21
Project: Magnolia Greens Golfcourse Master Plan
Owner: Magnolia Greens Master Association Inc
County: Brunswick Adress: Grandiflora Dr
Region: Wilmington
City/State/Zip: Leland NC 28451
Contact Person: George Steelberg Title: President
Directions to Project:
Along north right-of-way on Hwy. 17 approx. 1000' NE of Hwy. 17 and Lanvale Road intersection.
Type of Project: State Stormwater- LID - Curb and Gutter State Stormwater- HD - Detention Pond
Drain Areas: 1 - (Jackeys Creek) (03-06-17 ) ( C;Sw)
5 - (Sturgeon Creek) (03-06-17) ( C;Sw)
On -Site Representative(s):
Related Permits
SW8990947
SW8140207
SW8981008
SW8020527
SW8000220
SW8020522
SW8991136
SW8990628
SW8980807
Inspection Date
Phone:
Magnolia Greens Master Association Inc - The Lanvale Townhomes At Magnoliz
Magnolia Greens Ventures LLC - Stay & Play at Magnolia Greens Retention Por
Magnolia Greens Master Association Inc - Magnolia Greens Sections 9 & 10
Magnolia Greens Master Association Inc - Section 19 at Magnolia Greens
Magnolia Greens Master Association Inc - The Lakes at Magnolia Greens
Magnolia Greens Master Association Inc - Glendale at Magnolia Greens
Magnolia Greens Master Association Inc - Magnolia Greens Phase III and IV
Magnolia Greens Master Association Inc - Fairway Village At Magnolia Greens
Hsp-I LLC - Magnolia Village 1A 2 1B 1C Common Area
12/03/2018 Entry Time: 10:20AM Exit Time: 11:00AM
Primary Inspector: Creighton A Brown
Secondary Inspector(s).
Christine A Hall
Reason for Inspection: Complaint
Permit Inspection Type: State Stormwater
Facility Status: ❑ Compliant ❑ Not Compliant
Question Areas:
N State Stormwater
(See attachment summary)
Phone: [phone]
Inspection Type: Compliance Evaluation
page: 1

;•
Permit: SW8970104 Owner- Project: Magnolia Greens Master Association Inc
Inspection Date: 12/03/2018 Inspection Type Compliance Evaluation Reason for Visit: Complaint
Inspection Summary:
Please ensure swales undergoing maintenance have 5:1 slopes; are not channelized, and are vegetated upon
completion.
File Review Yes No NA NE
Is the permit active? RJ ❑ ❑ ❑
Signed copy of the Engineer's certification is in the file? ❑ ❑ ❑ ❑
Signed copy of the Operation & Maintenance Agreement is in the file? ❑ ❑ ❑ ❑
Copy of the recorded deed restrictions is in the file? ❑ ❑ ❑ ❑
Comment:
SW Measures Yes No NA NE
Are the SW measures constructed as per the approved plans? ❑ ❑ ❑ ❑
Are the inlets located per the approved plans? ❑ ❑ ❑ ❑
Are the outlet structures located per the approved plans? ❑ ❑ ❑ ❑
Comment: Maintenance to the swales was being conducted. Vegetation had been removed and sections were
re -graded. Please ensure final swales have 5:1 slopes are not channelized and are vegetated
Operation and Maintenance Yes No NA NE
Are the SW measures being maintained and operated as per the permit requirements? ❑ ❑ ❑ ❑
Are the SW BMP inspection and maintenance records complete and available for review or provided to ❑ ❑ ❑
DWQ upon request?
Comment: Maintenance to the swales was being conducted. Vegetation had been removed and sections were
re -graded. Please ensure final swales have 5:1 slopes and are vegetated
Other Permit Conditions Yes No NA NE
Is the site compliant with other conditions of the permit? ❑ ❑ ❑ ❑
Comment:
page: 2

State Stormwater-inspection Report
General
Project Name: M6 �� GveuL,-,
Permit No: SW8 gD110
Expiration Date:
I
Contact Person: IM' f
Phone Number: 1D - ��'� ,
Inspection Type:
-7y7G.
= mom.•.
Current Weather:
Recent Rain (Date)? IZ !,,
Rain in
Location
Facility Address / Location:
City: Q �� Zip: County: Lat: ° "N Long: - C"W
Permit Information
Rule Subject to (circle one): 1988 Coastal Rule 1995 Coastal Rule 2008 Coastal Rule Session Law 2006-246
Goose Creek High Quality Waters Outstanding Resource Waters
Density (circle one): (, High ( ) CLTwD �f
k
Stormwater Best Management Practices (BMPs) (insert number of each): LVrb 5
Wet Ponds Infiltration Basins Infiltration Trenches 1-� LD Swales Stormwater Wetlands
Dry Ponds Bioretention Permeable Pavement Sand filters (circle one) Open Closed
Cistern Level Spreader/Filter Strip Other (spec):
File Review
1. Is the permit active?
2. Signed Engineer's Certification on file?
3. Signed Operation and Maintenance agreement on file?
4. Recorded Deed Restrictions on file?
l Jite Visit: Built Unnn Araa (RIIA1
BUA is constructed and consistent with the permit requirements?
BUA aspermitted) is graded such that the runoff drains to the system? (high density only)
7. Drainage area is consistent withpermit? i.e. no un ermitted drainage to the SW BMPs
8. JDrainage area is stabilized? to reduce risk of sedimentation to the SW BMPs
Visit: Stnrmwatpr RMPs
9. Stormwater BMPs are located per the approvedplans?
,.v
.vex►
,vim
]JILStormwater BMPs have dimensions e . length, width, area matching the approvedplans?
Stormwater BMPs are constructed per the approvedplans?
Site Visit: Oneratinn and Maintenanr_p
12. Access points to the site are clear and well maintained?
,.V
1•,/1
�•rL
13. Trash has been removed as needed?
14. Excessive landsca a debris ass clippings, leaves, etc is controlled?
15. Stormwater BMPs being operated and maintained as per the permit requirements?
16. Inspection and Maintenance records are available for inspection? (high density only, 1995 — present only)
Sitd Visit: Other Permit Conditions Yes No N/A N/E
17 is the site compliant with other conditions of thepermit?
to Visit: Other Water Quality Issues Yes No N/A N/E
Is the site compliant with other water quality issues as noted durine the inspection?
State Stormwater Inspection Report, Version 3.0_3-09 Page I of 2

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SWALES/LOW DENSITY: O & M Inspection Checklist
L SWALES
Inlet and pipe system installed as indicated on the approved plans:
Longitudinal slope is 5% maximum (where applicable):
Side slopes are 3:1 or less:
Swale maintains a 0.5 foot freeboard:
Swale is free from trash or debris:
Swale is free from bare soil, erosion or gullies:
Swales are free of woody vegetation:
YES NO N/A NE
❑
❑
❑
❑
❑
❑
❑
0B. Swale is free of excessive (covers grass, —4in. or more) sediment accumulation:
Z'
❑
❑
❑
9. Vegetation is maintained at a height of approximately six inches:
❑
Vf
❑
❑
/rk. Fertilizer has only been used once in the establishment of grass with no other applications:
❑
❑
❑
❑
Outlet is free of damage, clogs or erosion:
❑
Ra"
❑
❑
r
12. Swale is free of ponding and it has been at least 48 hrs. since last rain:
❑
❑
❑
❑
YES
NO
NE
i CURB OUTLET SWALES**
__ALA
1. Side slopes are 5:1 or less:
❑
❑
❑
2. Swale length is 100 ft. or greater:
[17�
❑
❑
❑
3. Maintenance agreement is provided:
❑
❑
❑
V
4. Curb outlet swale is free of erosion and channelization:
❑
V'
❑
❑
-SWALES, NUTRIENT CREDrT**
1 Side slopes are 5:1 or less:
F-1
❑
0
❑
Swale length is 150ft. or greater:
❑
❑
❑
❑
3 Maintenance agreement is provided:
❑
❑
❑
❑
4 Bottom width is at least 2 feet but no more than 6 feet:
❑
❑
❑
❑
**Check permit to see if level spreader, filter strip or restored riparian buffer is included, If it is, use the supplemental form
for those BMPs in addition to this form,
V3.3-09

Lewis,Linda
From: Lewis,Linda
Sent: Wednesday, April 19, 2017 4:28 PM
To: 'Sandra Lavigna'
Subject: RE: Magnolia Greens - Postscript
By law, we have 90 days to issue a permit from receipt of a complete application. We generally do not
take that long, but it is dependent on work load. The spring is our busy season.
There is an express review path which is expensive ($4000.00), but you would have a permit within
30 days of accepting the application for review. You would need to talk to Cameron Weaver at 910-
796-7303 to discuss how to apply to get on the express schedule, which is a few weeks out. You
would not want to get on the schedule until after you talk with a registered professional since you will
be at their mercy regarding how quickly they can get that application together.
Linda
From: Sandra Lavigna [mailto:[e-mail]]
Sent: Wednesday, April 19, 2017 4:17 PM
To: Lewis,Linda <[e-mail]>
Cc: [e-mail]
Subject: Re: Magnolia Greens - Postscript
Linda - would you let me know how long the permitting process takes, typically?
Thanks very much!
Sandy
Sent from my iPhone
On Apr 19, 2017, at 12:58 PM, Lewis,Linda <linda.lewis(cr�ncdenr.gov> wrote:
I believe Jo Casmer recently sent you a copy of the permit. Since the original permit
was written BEFORE the permeable pavement standards became an option, and has
not been modified to utilize permeable pavement, you will not find anything specific in
the permit about the lots obtaining a separate permit for permeable pavement. The
HOA has rightly directed you to apply to the Division so that you do not exceed your
maximum BUA limit.
Please reference Sections 11.2 and 11.4 in that permit. Section 11.2 indicates that the built -
upon area may not be revised without approval from the Division. Your application to
install a permeable pavement will essentially provide you (and the HOA) with that
required Division approval. Section 11.4 indicates that a modification to the permit is
required for any redesign or addition to the approved amount of built -upon area. Since
the HOA is the permittee, they are assuring compliance with the permitted built -upon
area limits by having you apply for your own permit for permeable pavement to the
Division.

Linda
From: Sandra Lavigna [mailto:lavienasw me.com]
Sent: Wednesday, April 19, 2017 2:40 PM
To: Lewis,Linda <[e-mail]>
Cc: [e-mail]
Subject: Re: Magnolia Greens - Postscript
Linda,
I mean the policy that requires a permittee or homeowner to obtain a permit to install a driveway
or other "built -upon" item made of a permeable substance, such as pervious concrete. I am
wondering how one finds out about this requirement when researching the
permeable/impermeable issue. I would think it might be a regulation or a rule - ?
Again, many thanks.
Sandy
Sent from my iPhone
On Apr 19, 2017, at 11:27 AM, Lewis,Linda <linda.lewig,@ncdenr. ov> wrote:
Ms. Lavigna:
You and your engineering consultant can access the MDC, the design
manual, the application form, the supplement form and the O&M form for
permeable pavement via this link:
hft://deg.nc.gov/about/divisions/energy-mineral-land-resources/ener_gy-
mineral-land-permit-guidance/stormwater-bmp-manual
Unless you are a NC registered professional with the credentials to design
permeable pavement, you will need to engage a suitable professional to
design this pavement, to draft the plans, and to complete the application
for your signature. This is a requirement of the rules.
am not sure what "policy" you need a copy of? Can you be more
specific?
Thank you.
Linda
From: Sandra Lavigna [mailto:lavienasw me.com]
Sent: Wednesday, April 19, 2017 12:02 PM
To: Lewis,Linda <[e-mail]>
Cc: Casmer, Jo <[e-mail]>; John Britt <[e-mail]>
Subject: Re: Magnolia Greens Postscript
Dear Ms. Lewis:

Thank you very much for such a clear and detailed explanation! I wish we had been in
contact with you months ago; what a lot of angst it would have saved.
Would you or Ms. Casmer be in a position to send us the form of the permit application and
possibly a sample? Would you let us know how long the process typically takes? Also, is the
policy you describe below publicly available in writing somewhere? If so, could you also
send that to me, or let me know where it can be found?
Thank you for your courtesy, and for your time and trouble.
Sandy
On Apr 19, 2017, at 6:49 AM, Lewis,Linda <linda.lewisnncdenr. gov> wrote:
lUs. Lavigna:
I'll do my best to answer your question. The Magnolia Greens Master
stormwater permit has been around for almost 20 years, long before
permeable pavement was added to the list of acceptable practices for the
treatment of stormwater runoff. There is no mention in the permit itself of
applying the Division for permeable pavement because permeable
pavement did not exist when the permit was written. The definition of built -
upon area within NCGS 143-214.7 includes impervious and partially
impervious cover. Up until April 7, 2017, permeable pavement was
considered a partially impervious cover, but it has recently been credited
as a 100% pervious material. However, in order to claim that 100% credit,
the pervious pavement must be designed, permitted and constructed in
accordance with the MDC (Minimum Design Criteria) by an appropriately
licensed individual.
Of course we encourage anyone who wants to construct certain "low
impact" measures on their lot that will achieve better water quality, but it
must be done within the framework of the rules, and preserving the intent
of the rules. The type of individual measures that could be allowed are
also dependent on the type of permit that governs the lot. In a low density
subdivision, water quality is achieved by limiting the amount of piping,
limiting the amount of built -upon area and utilizing sheet flow of runoff
across the grassed open areas of the lot to encourage infiltration.
Within a high density subdivision, the water quality measures are
generally already in place. These measures are sized to treat a specific
volume of runoff based on the size of the drainage area and the amount of
built -upon area within that drainage area. If built -upon area is not kept in
check, then these water quality measures run the risk of being inundated
by a lot of extra runoff volume that they were not designed to treat,
resulting in a decreased ability to treat that runoff volume to state
standards. This is both a permit and a rules violation.
Permeable pavement is most frequently used on a single family lot to
stretch the BUA budget a little further in both low and high density
projects. However, permeable pavement is not something that can just be
slapped down on the ground by any contractor and called a permeable

pavement and given the credit. In order to claim the BUA credit,
permeable pavement must be designed and constructed by appropriately
licensed and experienced individuals. Improperly designed and/or
constructed permeable pavement will create more problem because it will
increase the lot's impervious area beyond the maximum limit allowed, and
it will contribute more runoff volume to the permitted BMP, exceeding its
design capacity.
The Division has established that for existing subdivision permits where
permeable pavement is not mentioned, one of 2 things must occur in order
to approve the construction of "for credit" permeable pavement on a lot: 1)
The permittee must apply to modify the existing permit. This is the
Division's preferred way of approving the use of permeable pavement.
This process will require site -wide general soils information, and an
amendment to the restrictive covenants to add the required permeable
pavement language. The modified permit puts the onus of
reviewing/approving/disapproving all the permeable pavement
applications from lot owners on the permittee. The Division provides the
tools needed to accomplish that and provides oversight as needed; or 2) if
the permittee does not wish to modify the permit, then each individual lot
owner must apply to the Division for a separate permit to install a "for
credit" permeable pavement.
The Division is a third -party beneficiary of the covenants and may enforce
those covenants related to stormwater management. You agreed to abide
by these covenants when you purchased your lot. The Division did not
require the covenants to state that permeable pavement approval must be
though the Division. If the membership does not like that, the membership
should make their desires known to the Board. The Division is not involved
in those matters. However, the individual lot approval process through the
HOA may not be less cumbersome or less expensive than the state's
permit approval process. You would need to submit the same application
materials to the HOA that you would have provided to the State. I don't
want to put the lot owners through the hassle and expense of applying to
the State for an individual permit, but in the absence of a permit
modification, that is what needs to be done.
j_1
From: Sandra Lavigna [mailto:[e-mail]]
Sent: Tuesday, April 18, 2017 11:45 PM
To: Lewis,Linda <[e-mail]>
Cc: Casmer, Jo <[e-mail]>
Subject: Re: Magnolia Greens - Postscript
Dear Ms. Lewis:
Thank you for your highly informative email below. I have not yet made an inquiry to the
Magnolia Greens HOA regarding the covenant mentioned below; and meanwhile another
question has arisen. My husband and I had proposed a home plan featuring a driveway of
permeable concrete. However, the Magnolia Greens Architectural Standards and Review
Committee has taken the position that we must have an impermeable driveway (and a smaller
home) unless we get a separate stormwater permit that allows us to have a permeable concrete

driveway. More specifically, the MGASRC stated: "The Magnolia Greens storm water
permit does not allow for credit to be given for permeable material. The owner can submit
through NC DEQ for a permit for their lot to allow credit to be given for permeable material."
I have read and re -read the "Full Permit" that Ms. Casmer kindly sent me (Permit No. SW8
970104 issued June 3, 2013) and I see no such provision, either stated or implied. Of course
that doesn't mean I haven't missed something. Is the MGASRC statement correct? If so, what
section of the Permit says that "permeable material" doesn't count as permeable, and that a
homeowner must apply for a separate permit to use permeable material?
Since the thrust of the stormwater regulations is to ensure a large amount of permeable
surface, it is hard to understand why the regulations would require a burdensome procedure
for a homeowner to be able to install a driveway of permeable material; you would think just
the opposite would be the case.
I would be most appreciative of any light you can bring to this puzzling situation.
Many thanks,
Sandy
On Mar 16, 201.7, at 11:41 AM, Lewis,Linda < wrote:
Ms. Lavigna:
Thank you for your email. I suggest that you contact the Magnolia Greens
HOA for an explanation of exactly what that covenant condition means
and how it is intended to be implemented. The Division cannot enforce
any covenants except those required by the state stormwater permit. The
state stormwater permit specifies an exact amount of built -upon area in
square feet for each lot and requires the permittee to submit a modification
to the permit if he/she wants to allocate more or less for any particular
lot. The permit neither allows nor disallows a condition for the developer
to take 80% of any unused BUA.
I think this particular covenant may refer to the possibility that if the
stormwater rules were to change and if they were to allow the developer to
construct more BUA than is currently permitted, the declarant would be
able to claim up to 80% of that additional amount. I don't think it is
intended to allow the developer to take back any unused portion of the
already -allocated BUA on any lot. If your lot was permitted for 4200 sf, and
that is what the covenants say, and you are only using 4,000 square feet,
then the permittee cannot lay claim to that 200 square feet and take it
away from you without your approval and without our approval.
My take on that covenant is: If for example, each of the 20 lots in
Subdivision X were currently allocated 4200 square feet of BUA, but a
rules change today were to allow each lot to have an additional 300 sf of
BUA (4500 sf), then I think that specific covenant would allow the
declarant to modify the permit and to take 80% of the additional BUA (20 x

300 x .8) = 4,800 sf for themselves and allocate only the remaining 60
square feet to each of the 20 lots. But, please confirm that ktfith the HOA.
And remember that the permittee has to first modify the permit to claim
that additional BUA and I don't remember any modification being
submitted to do that because the rules have not changed in the
developers favor. If anything, they have become stricter. I hope this helps.
Linda Lewis, E.I.
Environmental Engineer III
Division of Energy, Mineral and Land Resources
Department of Environmental Quality
910-796-7215 Office
linda.lewis(ancdenr.pov
Wilmington Regional Office
127 Cardinal Drive Extension
Wilmington, NC 28405
<image002.png>
C11f;.7P,r.'t to the
to Vlird parties.
From: Sandra Lavigna [mailto:[e-mail]]
Sent: Thursday, March 16, 2017 12:03 PM
To: Lewis,Linda <[e-mail]>
Cc: Casmer, Jo <[e-mail]>
Subject: Fwd: Magnolia Greens - Postscript
Ms. Lewis - I thought I should also tell you that the copy of the Protective Covenants that I
received when we bought the lot in 2015, includes amendments through 2007. The copy
should have included all the amendments up to the date we purchased the lot, and so I assume
that those were all the amendments. I reviewed all of them, and none of them spoke to
reallocation of unused built upon area.
Sandy
Begin forwarded message:
From: Sandra Lavigna <lavignaswa-me.com>
Subject: Magnolia Greens
Date: March 16, 2017 at 8:22:32 AM PDT
To: Iinda.lewis(a)-ncdenr.gov
Cc: Jo Casmer <jo.casmerCa�ncdenr.gov>
Dear Ms. Lewis -
My husband and I bought a lot in Magnolia Greens, and 1 am seeking information related to
the permeability requirement. When I called your office, I spoke with Ms. Casmer, and she
has suggested that you may be in a position to respond to my question.

As background, the Magnolia Greens Protective Covenants give the developer the
right "to recalculate the maximum built upon area in accordance with the storm water runoff
rules and regulations of the State of North Carolina and to use eighty percent (80%) of any
unused built upon area [the impervious allowance] for each Unit. [The developer] reserves
the right to amend this section to modify the square footage of the built upon area, even after
a dwelling is constructed in order to utilize 80% of any unused built upon area in other areas
of development within Magnolia Greens."
My question is whether the developer (Landmark) was required to notify your agency of such
things as his calculations of the excess impermeable square footage, how much of it he used,
and where he used it. If so, where would I find the records that would reflect those
allocations?
If my questions are not clear, please let me know. You may also call me at (818) 222-
6003. I'm in California, so there is a three-hour time difference.
Thank you very much!
Sandy

Casmer, Jo
From: Casmer, Jo
Sent: Friday, March 10, 2017 3:30 PM
To: '[e-mail]'
Subject: Magnolia Greens
Attachme6 ts: SW8 970104 Renewal.pdf, SW8 970104 Full Permit.pdf; Magnolia Greens.pdf
Sandy: Unfortunately, when I searched our database for "Magnolia Greens" it brought up many, many permits. This
development appears to have several phases and permits. I'm afraid it is too labor intensive and time-consuming to email
you all the permits, as we are understaffed. I have chosen the one permit that indicates it is the "master permit" in hopes
that it will be of assistance to you. There are two document attached for this particular permit — one is the renewal permit,
which is the most current thing, however we do not issue full permits at renewal, so I am also including the previously
issued full permit, which will outline all the specifications of the permit.
If you find this is not the permit you need, I have also included a listing of all the projects indicating "Magnolia Greens." if
you can determine from this list, the one that you need, I will be happy to forward that one to you.
Hope this is of some help to you.
Jo Casmer
Administrative Assistant for DEMLR/Stormwater Seciton
North Carolina Department of Environmental Quality
Department of Environmental Assistance & Customer Service
910 796-7336 office
910 350-2004 fax
io.casmerancdenra
127 Cardinal Drive Extension
Wilmington, NC 28405
Email correspondence to and fro; i this address is subject to the
North Carolina Public Records Law and may he disclosed to third parties.

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Lewis,Linda
From: Lewis,Linda
Sent: Monday, March 03, 201411:18 AM
To: 'Chris Lennon'
Subject: RE: Flooding condition in Magnolia Greens subdivision in Leland
Chris:
I understand the problem - not too uncommon around here. Most folks don't want to stare at a gaping empty concrete
pipe in their pond, so the developers just put it underwater without a thought to the effect on the hydraulic grade line.
From what I understand, there is another intersection in Magnolia Greens that has a similar problem - Pine Harvest and
Tall Pines.
My only comment would be to make sure that the new overflow spillway is directed into the forebay of the pond, so the
runoff gets the advantage of the full flow path length for treatment. Directing it into the body of the pond, or too close
to the outlet, would be considered "short-circuiting" under the permit, and is not allowed.
Thank you for letting me take a look and offer my comments.
Linda
-----Original Message -----
From: Chris Lennon [mailto:[e-mail]
Sent: Monday, March 03, 201410:53 AM
To: Lewis,Linda
Subject: Re: Flooding condition in Magnolia Greens subdivision in Leland
Hey Linda,
Works for me. Here's the overview design document. Thanks for the help.
On Mon, Mar 3, 2014 at 9:59 AM, Lewis,Linda <[e-mail]> v.rote:
> Chris:
> We don't really get into the approval of flood relief projects because it is not under our jurisdiction. However, I do
need to make sure your proposal does not cause a conflict with the stormwater rules or with the permitted BMP's, so
send me what you have so I can look at it from that aspect.
> Again, I cannot approve it for flood control I won't be commenting on pipe size. I will only make sure it won't cause a
conflict.
> Linda
> -----Original Message -----
> From: Chris Lennon [mailto:[e-mail]]
> Sent: Monday, March 03, 2014 7:29 AM
> To: Lewis,Linda
> Subject: Flooding condition in Magnolia Greens subdivision in Leland
> Hey Linda,

> My name is Chris Lennon and I am the Field Supervisor for the Town of Leland Public Works. I report to the
Director, Steve Spruill.
> We have an intersection over here in Magnolia Greens that is prone to severe flooding any time we get a quick 2"+
rainfall as we did twice last summer. After taking some measurements of this segment of the storm system and running
some calculations, I feel there is a rather inexpensive way to relieve much of this flooding but we wanted to have you or
someone from your group to approve our solution. I have an analysis document that shows the problem and the
solution we are proposing to give the situation some relief. Let me know if you are the person that can give us some
feedback on our solution and I'll send you the document. It's rather small. If you are not the person, could you suggest
the person that could help us? Thank you.
> Chris Lennon
> Field Supervisor
> Town of Leland
> [phone]
Chris Lennon
Field Supervisor
Town of Leland
[phone]

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