SW8140211_Compliance Evaluation Inspection_20200415

Hall, Christine
From: Diane Williams <[e-mail]>
Sent: Wednesday, April 15, 2020 9:25 AM
To: Hall, Christine
Subject: Re: [External] Fwd: Helms Port State Stormwater Permit No. SW8 140211 New Hanover
County - ACTION PLEASES READ
Thank you Christine, This is very helpful information about the trenches.
In regards to the permeable pavement, that is very difficult for an HOA to maintain, and approve. So we
decided the HOA did not want that responsibility. We don't feel qualified to give these types of approvals and
we are a small HOA and it seems quite complicated.
Thank you,
Diane
On Wed, Apr 15, 2020 at 8:47 AM Hall, Christine <Chnstine.Hall(a-)ncdenr.gov> wrote:
Dane,
Thanks for the email. We actually received an application from a single lot to use permeable pavement. Did the HOA
choose not to modify their permit to add the option?
As for your specific question, the easements are in place to ensure access to inspect and maintain the systems. Any
fencing should be located outside of the easement to maintain access and avoid negative impacts to the systems. With
a quick internet search, I found this document: https://engineerinp,.nhcgov.com/M�
content/uploads/2017/05/StormwaterFlyer2017.pdf [engineering.nhcgov.coml.
! hope this helps.
Christine
E,.M d %rre$P0ndf X& to and frart) thiS jddreSS iS Suhj G7 to the
Vc7r'P _--Aron►:a Public Re coos Law and may be di'scOsed ,o

From: Diane Williams [mailto:[e-mail]]
Sent: Tuesday, April 14, 2020 7:32 PM
To: Hall, Christine <[e-mail]>
Cc: Scott, Georgette <[e-mail]>
Subject: [External] Fwd: Helms Port State Stormwater Permit No. SW8 140211 New Hanover County - ACTION PLEASES
READ
to
Hi Christine,
In regards to the landscape allowances within a stormwater easement, several of our residents are requesting
approval to put up fencing over the trench areas. Our first instinct is to deny these requests but I wanted to
check with you on how our HOA should proceed. Are fence structures over stormwater trenches prohibited
per our permit?
Thank you,
Diane Williams
From: Hall, Christine <Christine.Halla ricdenr. gov>
Date: Wed, Jan 15, 2020 at 9:02 AM
Subject: RE: [External] Helms Port State Stormwater Permit No. SW8 140211 New Hanover County
To: Diane Williams <dml0907(Agmail.com>
Cc: Scott, Georgette < eg orgette.scott(iyncdenr.gou>
Diane,
Thank you for your patience. I have had a chance to review the letter sent on January 9, 2020 as well as the latest
permit for this development dated February 14, 2019.
BUA Limitations: Sections 1.2 and 11.9 allocate the following built -upon area (BUA) amounts to the lots:

Lot Numbers
Built -Upon -Area, sf
1-22
4,000
23-106
6,500
107-159
4,500
Section 11.9 of the permit further clarifies that these limits should be recorded in Deed Book 5879 starting on Page 850
with the New Hanover County Register of Deeds. If the amounts allocated by the'permit and recorded deed
restrictions are insufficient or charges are desired, a modification to the permit and re-recording the deed restrictions
could be done to reflect the new amounts.
Your letter also asks about the oossibility of modifying the permit to allow permeable pavement as a pervious surface
and the possibility of reviewing the drafted conditions that would be added to the permit. A pdf of those conditions as
well as the language that would need to be added to the recorded restrictions are attached. These conditi ns have
been drafted to ensure th.3t the infiltrating permeable pavement requirements found in 15A NCAMC 02H.1055 and
clarified in Chapter C-5 of the Stormwater Design Manual are foilowed, allowing the permeable pavement to receive
1009'L; BUA credit. By modifying the permit to give the homeowners the option to use permeab!e pavement, it is an
added service that everyone in the subdivision has the option to use if their lot has suitable soils.
However, if the HOA chooses to not modify the subdivision permit to allow the option of permeable pavement, then
the last resort is to allow individual homeowners to apply for their own stormwater permit to approve the use of the
permeable pavement SCM. This does reiieve the HOA from the responsibilities, but it adds time and effort for each
homeowner to apply to the Division.
Landscape allowances within a stormwater easement: The Division has no official guidance or regulations regarding
the landscaping within the easements. The rules ir place when this permit was written require the following:
All stormwater management structures shall be located in recorded drainage easements for the purposes
of operation and maintenance and shall have recorded access easements to the nearest public
right-of-way. These easements shall be granted in favor of the party responsible for operating and
maintaining the stormwater management structures;
However, there are the signed operation .and maintenance agreements describing the vegetation requirements of the
stormwater control measures (SCMs) that rr.,:st be followed. If any of these landscaped areas prevent access o:
inspection or are in conflict vvith the operation and maintenance agreement for the SCM, Caen the HOA may wish to
explore other landscaping options with the homeowners.
If you have ary furt:er questicons or if I can be of additional assistance, pleas:-_ at me kno-v.

Christine Hall
Environmental Engineer
Division of Energy, Mineral and Land Resources State Stormwater Program
Department of Environmental Quality
910 796 7215 office
910 796 7335 direct
christine. hall(a)-ncdenr. gov
127 Cardinal Drive Ext.
Wilmington, NC 28406
Erna i zo!7r9saordence_ to and fro:,, tii s uddrass is ro ei e
c to Oaro : , a Public Racords Law at ;9 .may be disc osaj to th rd oar'rea.
From: Scott, Georgette
Sent: Monday, January 13, 2020 10:13 AM
To: Diane Williams <[e-mail]>
Cc: Lucas, Annette <[e-mail]>; Hall, Christine <[e-mail]>
Subject: RE: [External] Helms Port State Stormwater Permit No. SW8 140211 New Hanover County
I have assigned this to Christine Hall. She will be getting back to you after she reviews the files. I have
included her on the cc.
Georgette Scott
State Stormwater Program Supervisor

Department of Environmental Quality
Office [phone]
Fax [phone]
Georgette.Scott(&ncdenr. ov
127 Cardinal Drive Ext.
Wilmington, NC 28405
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From: Diane Williams rmailto:[e-mail]]
Sent: Friday, January 10, 2020 12:09 PM
To: Scott, Georgette <[e-mail]>
Cc: Lucas, Annette <[e-mail]>
Subject: Re: [External] Helms Port State Stormwater Permit No. SW8140211 New Hanover County
Thank you Georgette, very much appreciated. I'll wait to hear from you.
Sincerely,

Diane Williams, President
0
Helms Port Home Owner's Association
919 714-2421
On Thu, Jan 9, 2020 at 4:31 PM Scott, Georgette <georgette.scott;a�ncdenr.gov> wrote:
Diane,
I will have to review the file, Linda's notes etc and will get back to you on a way forward. Please give me
several days to determine the best direction for you.
Thank you
Georgette Scott
State Stormwater Program Supervisor
Department of Environmental Quality
Office [phone]
Fax [phone]
Georgette.Scott(@-ncdenr.gov
127 Cardinal Drive Ext.
Wilmington, NC 28405
N- C.- -
^Nlothlr (( Compa► e
to "zpd'roff th.s eJ(7 �?^ !r`
P,:, �r2s- Law ar. I rha;artea
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= From: Diane Williams [mailto:dm10907(@gmail.com]
Sent: Thursday, January 9, 2020 3:48 PM
To: Lucas, Annette <[e-mail]>; Scott, Georgette <[e-mail]>
Subject: [External] Helms Port State Stormwater Permit No. SW8140211 New Hanover County
F'wUternal emafl. Do not dirk links or open atFadwients unk;is y m verily. Send A sus srr ueail as an attachment to 601.
Dear Ms. Scott and Ms. Lucas,
As members of the Board of Directors of the Helms Port Home Owner's Association (HOA), we are writing
on behalf of all residents within the community to request your assistance as it relates to ensuring
compliance with the permit conditions of the referenced stormwater permit. The developer of our
community transferred control of the Homeowner's Association to us and our Board members were elected
in January of 2019. It has been a period of much learning for us, and all of our committee members, to
maintain the appeal and character of Helms Port while ensuring we meet all regulatory requirements.
We were working with Linda Lewis on several permit related items and understand that she has since
retired. We are currently facing two (2) challenges related to our stormwater permit for which we request
your assistance; built upon area (BUA) limits and landscaping allowances within a stormwater easement.
BUA limitations: Our stormwater management system consists of two wet detention ponds with secondary
infiltration devices, multiple infiltration trenches and an infiltration basin. Many of the lots located within
the drainage areas treated by the infiltration basin or infiltration trenches are limited to 4,000 square feet (SF)
of BUA per lot. Some of these lots are also the most valuable within the neighborhood and lot owners are
requesting BUA amounts greater than allowed by the permit. Allegedly, the developer of Helms Port told
several of these lot owners that the total permitted BUA was an aggregate amount; some of the lots would
use less than their permitted BUA and others could therefore have more. It is our opinion that based upon
the recorded deed restrictions, this is not the case and that each lot is restricted independently to its allocated
BUA. With several lot owners in various stages of the home building process, this has become an urgent
matter for the HOA to address.
Previous discussions with Ms. Lewis indicated that permit conditions have been developed by NCDEMLR
whereby the HOA may allow greater than the permitted BUA allocations through the use of pervious
materials if the lot owner meets specific requirements for BUA credit. If this is the case, please forward to us
VA

a draft of these conditions that could be added to our permit (through a permit modification) so we can
determine if this is a responsibility the HOA wants to accept and if so, we will go through the permit
modification process to do so.
Previous discussions also indicated there another alternative to resolve the issue of homeowners requesting
BUA in excess of the approved amounts; the homeowners can apply for their own individual State
Stormwater Permit for BUA in excess of the approved amount and show DEMLR how they proposed to treat
that runoff or show that it meets the conditions for 100% BUA credit through the use of pervious materials
meeting the Department's design criteria. We would like to discuss the pros and cons of this alternative
with you from both a community and individual homeowner's perspective.
Landscape allowances within a stormwater easement: As previously mentioned, we have multiple
infiltration trenches in our stormwater management system. Many of these trenches are located in
stormwater easements between residential lots. Various trees and landscaping have already been planted in
portions of these easements with other lot/home owners in various stages of landscape plan design and
installation. In an effort to maintain accessibility for inspection, operation and maintenance of these
easements, we have initiated communications with the owners about the potential for removal of some of
the existing vegetation and/or not allowing certain types of plant species. We are requesting guidance and
an official interpretation with regard to the type of landscaping that is acceptable within stormwater
easements to ensure we are not limiting the homeowners to unnecessary regulation.
We are happy to discuss these two (2) challenges with you in whatever is the most convenient for
you. Phone calls, email discussions, meetings at your office and/or an onsite meeting in Helms Port are all
options, please let us know what works for you. Thank you very much for your assistance in ensuring
future compliance with our State Stormwater Permit.
Sincerely,
Diane Williams, President
Helms Port Home Owner's Association
919 714-2421
B

Hall, Christine
From:
Hall, Christine
Sent:
Wednesday, January 1 S, 2020 9:03 AM
To:
Diane Williams
Cc:
Scott, Georgette
Subject:
RE: [External] Helms Port State Stormwater Permit No. SW8 140211 New Hanover
County
Attachments:
Permeable Pavement Subdivision Permit Conditions 2019 05 28.pdf, Permeable
Pavement Deed Restrictions 2018 07 19.pdf
Diane,
Thank you for your patience. I have had a chance to review the letter sent on January 9, 2020 as well as the latest
permit for this development dated February 14, 2019.
BUA Limitations: Sections 1.2 and 11.9 allocate the following built -upon area (BUA) amounts to the lots:
Lot Numbers
Built -Upon -Area, sf
1-22
4,000
23-106
6,500
107-159
4,500
Section 11.9 of the permit further clarifies that these limits should be recorded in Deed Book 5879 starting on Page 850
with the New Hanover County Register of Deeds. If the amounts allocated by the permit and recorded deed restrictions
are insufficient or changes are desired, a modification to the permit and re-recording the deed restrictions could be
done to reflect the new amounts.
Your letter also asks about the possibility of modifying the permit to allow permeable pavement as a pervious surface
and the possibility of reviewing the drafted conditions that would be added to the permit. A pdf of those conditions as
well as the language that would need to be added to the recorded restrictions are attached. These conditions have been
drafted to ensure that the infiltrating permeable pavement requirements found in 15A NCAC 02H.1055 and clarified in
Chapter C-5 of the Stormwater Design Manual are followed, allowing the permeable pavement to receive 100% BUA
credit. By modifying the permit to give the homeowners the option to use permeable pavement, it is an added service
that everyone in the subdivision has the option to use if their lot has suitable soils.
However, if the HOA chooses to not modify the subdivision permit tc allow the option of permeable pavement, then the
last resort is to allow individual homeowners to apply for their own stormwater permit to approve the use of the
permeable pavement SCM. This does relieve the HOA from the responsibilities, but it adds time and effort for each
homeowner to apply to the Division.
Landscape allowances within a stormwater easement: The Division has no official guidance or reguat:ons regarding the
landscaping %,wthin the easements. The rules in place when this permit was written, require Vie following:
All stormwater management structures shall be located in recorded drainage easements for the purposes
of operation and maintenance and shall have recorded access easements to the nearest public
right-of-way. These easements shall be granted in favor of the parry responsible for operating and
maintaining the stormwater management structures;
However, there are the signed operation and maintenance agreements describing the vegetation requirements of the
stormwater control measures (SCMs) that must be followed. If any of these landscaped areas prevent access or

inspection or are in conflict with the operation and maintenance agreement for the SCM, then the HDA may wish to
explore other landscaping options with the homeowners.
If you have any further questions or if I can be of additional assistance, please let me know.
Christine Hall
Environmental Engineer
Division of Energy, Mineral and Land Resources State Stormwater Program
Department of Environmental Quality
910 796 7215 office
910 796 7335 direct
ch risti ne. hail(cD- ncden r. gov
127 Cardinal Drive Ext.
Wilmington, NC 28405
Nothing Compares
Email correspo > ;e; i e to and itO r' E!:S $C' li a ;c is S!.. •:.'fect tz) 're
North C arc/i Pubic Re co is Lz? i !,:,iy _` ScFGs'io iht d rpi ]: i 3S.
From: Scott, Georgette
Sent: Monday, January 13, 2020 10:13 AM
To: Diane Williams <[e-mail]>
Cc: Lucas, Annette <[e-mail]>; Hall, Christine <Christi ne.Ha 11 @ ncdenr.gov>
Subject: RE: [External] Helms Port State Stormwater Permit No. SW8 140211 New Hanover County
I have assigned this to Christine Hall. She will be getting back to you after she reviews the files. I have
included her on the cc.
Georgette Scott
State Stormwater Program Supervisor
Department of Environmental Quality
Office [phone]
Fax [phone]
Ge, orgette.Scott(a7ncdenr.gov
127 Cardinal Drive Ext.
Wilmington, NC 28405
Compares
Email correspondence to Lrd fr,-r s : :j-ass s sub e;;t tc� t ie
North Carolina Public Records Law -zF-J :-ay to Disclosed to third n=r`ias.
From: Diane Williams [mailto:[e-mail]]
Sent: Friday, January 10, 2020 12:09 PM
To: Scott, Georgette <[e-mail]>
Cc: Lucas, Annette <[e-mail]>
Subject: Re: [External] Helms Port State Stormwater Permit No. SW8 140211 New Hanover County

Thank you Georgette, very much appreciated. I'll wait to hear from you.
Sincerely,
Diane Williams, President
Helms Port Home Owner's Association
919 714-2421
On Thu, Jan 9, 2020 at 4:31 PM Scott, Georgette <georgette.scott&cdenr.gov> wrote:
Diane,
I will have to review the file, Linda's notes etc and will get back to you on a way forward. Please give me
several days to determine the best direction for you.
Thank you
Georgette Scott
State Stormwater Program Supervisor
Department of Environmental Quality
Office [phone]
Fax [phone]
Gec rg ette. Scott Ca' n --den r. a ov
127 Cardinal Drive Ext.
Wilmington, NC 28405
^Nothing Compares
9

North Carolina Public Records Law and may be disclosed to t-;rd parties.
From: Diane Williams [mailto:[e-mail]]
Sent: Thursday, January 9, 2020 3:48 PM
To: Lucas, Annette <[e-mail]>; Scott, Georgette <[e-mail]>
Subject: [External] Helms Port State Stormwater Permit No. SW8 140211 New Hanover County
Dear Ms. Scott and Ms. Lucas,
As members of the Board of Directors of the Helms Port Home Owner's Association (HOA), we are writing
on behalf of all residents within the community to request your assistance as it relates to ensuring compliance
with the permit conditions of the referenced stormwater permit. The developer of our community transferred
control of the Homeowner's Association to us and our Board members were elected in January of 2019. It has
been a period of much learning for us, and all of our committee members, to maintain the appeal and
character of Helms Port while ensuring we meet all regulatory requirements.
We were working with Linda Lewis on several permit related items and understand that she has since
retired. We are currently facing two (2) challenges related to our stormwater permit for which we request
your assistance; built upon area (BUA) limits and landscaping allowances within a stormwater easement.
BUA limitations: Our stormwater management system consists of two wet detention ponds with secondary
infiltration devices, multiple infiltration trenches and an infiltration basin. Many of the lots located within the
drainage areas treated by the infiltration basin or infiltration trenches are limited to 4,000 square feet (SF) of
BUA per lot. Some of these lots are also the most valuable within the neighborhood and lot owners are
requesting BUA amounts greater than allowed by the permit. Allegedly, the developer of Helms Port told
several of these lot owners that the total permitted BUA was an aggregate amount; some of the lots would use
less than their permitted BUA and others could therefore have more. It is our opinion that based upon the
recorded deed restrictions, this is not the case and that each lot is restricted independently to its allocated
BUA. With several lot owners in various stages of the home building process, this has become an urgent
matter for the HOA to address.
4

Previous discussions with Ms. Lewis indicated that permit conditions have been developed by NCDEMLR
whereby the HOA may allow greater than the permitted BUA allocations through the use of pervious
materials if the lot owner meets specific requirements for BUA credit. If this is the case, please forward to us
a draft of these conditions that could be added to our permit (through a permit modification) so we can
determine if this is a responsibility the HOA wants to accept and if so, we will go through the permit
modification process to do so.
Previous discussions also indicated there another alternative to resolve the issue of homeowners requesting
BUA in excess of the approved amounts; the homeowners can apply for their own individual State
Stormwater Permit for BUA in excess of the approved amount and show DEMLR how they proposed to treat
that runoff or show that it meets the conditions for 100% BUA credit through the use of pervious materials
meeting the Department's design criteria. We would like to discuss the pros and cons of this alternative with
you from both a community and individual homeowner's perspective.
Landscape allowances within a stormwater easement: As previously mentioned, we have multiple
infiltration trenches in our stormwater management system. Many of these trenches are located in
stormwater easements between residential lots. Various trees and landscaping have already been planted in
portions of these easements with other lot/home owners in various stages of landscape plan design and
installation. In an effort to maintain accessibility for inspection, operation and maintenance of these
easements, we have initiated communications with the owners about the potential for removal of some of the
existing vegetation and/or not allowing certain types of plant species. We are requesting guidance and an
official interpretation with regard to the type of landscaping that is acceptable within stormwater easements
to ensure we are not limiting the homeowners to unnecessary regulation.
We are happy to discuss these two (2) challenges with you in whatever is the most convenient for you. Phone
calls, email discussions, meetings at your office and/or an onsite meeting in Helms Port are all options, please
let us know what works for you. Thank you very much for your assistance in ensuring future compliance
with our State Stormwater Permit.
Sincerely,
Diane Williams, President
Helms Port Home Owner's Association
5

919 714-2421
Best,
Diane

Documentation has been provided requesting and supporting the use of infiltrating
permeable pavement on individual lots as BUA credit. The provided preliminary general
soils information indicates that the majority of the project's soils should be suitable for the
use of infiltrating permeable pavement. Additionally, the permittee has stipulated that the
individual lot owner 0011 the permittee Wk one is the financially responsible party for
maintaining the permeable pavement on the lots. The permittee and any individual lot
owner who wishes to utilize infiltrating permeable pavement for BUA credit must abide by
the following:
a. All permeable pavement designs used to gain built -upon area credit must conform to
the most recent version of the stormwater rules and the NC Stormwater Design
Manual.
b. If BUA credit for a permeable pavement within the lot boundary is desired, the lot
owner must submit an application along with supporting documentation to the
permittee or his designated representative for review and approval prior to construction
of the permeable pavement. A complete permeable pavement application shall
include, but is not limited to, the following:
i. Signed, sealed, and dated plans including:
1. A scaled layout of all built -upon area on the lot (existing and/or
proposed)
2. The location of the proposed permeable pavement
3. The grading of the permeable pavement
ii. Details of the selected pavement;
iii. A completed and signed permeable pavement supplement form;
iv. Signed, sealed and dated calculations and assumptions;
v. A site specific soils r; port prepared by an appropriate NC licensed
professional that includes a determination of the Hydrologic Soil Group(s) on
the lot, the expected infiltration rate and the seasonal high water table
elevation;
vi. A signed Operation and Maintenance Agreement. (remove rfpermitter is
ban 7 this,Y
c. The necessary rules, requirements and blank forms for the use of permeable
pavement are available from the Division's website. The permittee may supply the
necessary forms to lot owners wishing to install a permeable pavement on their lot or
may direct them to the Division's website.
d. The permittee or their designated representative shall review all permeable pavement
applications within the permitted project for completeness, accuracy and compliance
with the most recent design requirements found in the stormwater rules and the NC
Stormwater Design Manual as well as ensuring that the lot has not or will not exceed
its permitted maximum BUA allocation. The permittee or their designated
representative shall not approve any plans that do not meet these requirements. Any
requested variations from these requirements must be submitted to the Division by the
permittee for review and approval.
e. The permittee shall approve or reject each permeable pavement application in writing,
and shall return a signed copy of the application package to the lot owner, marked as
approved or rejected. The permittee shall allow all rejected applications to be
resubmitted for review and approval if the application and/or the design can be
modified to meet the requirements.
f. Each approval must be conditioned on the following:
i. Except for the incidental, unavoidable runoff from the stable vegetated areas
shown on the plans, runoff from adjacent pervious areas shall be prevented
from reaching the permeable pavement.

ii. It is recommended that during the installation of the permeable pavement,
care is taken to avoid compaction of the underlying subgrade sods. To
confirm compaction has not occurred, it is recommended that a direct
measurement of the soil's infiltration rate be conducted after excavation and
before the aggregate is placed. If the infiltration rate has diminished, it is
recommended to scarify, rip, or trench the subgrade to restore the infiltration
rate.
iii. It is recommended that during the installation of the infiltrating permeable
pavement, photos be taken documenting the construction and demonstrating
that the constructed SCM meets the approved design. It is further
recommended that these photos be submitted with the required Designer's
Certification.
iv. After installation, the permeable pavement shall be protected from sediment
deposition until the site is completed and stabilized.
v. Concentrations of oils, grease, heavy metals, and toxic chemicals shall not be
stored or handled where they may enter the permeable pavement.
vi. At no time shall the approved permeable pavement be paved over or repaired
with any type of conventional paving material.
vii. Upon completion of the project, the individual lot owner or their design
professional shall determine if the project is in compliance with the permitted
plans and take the necessary following actions:
1. If the project is in compliance with the permitted plans, then within 45
days of completion, the individual lot owner shall submit to the
permittee the completed and signed As -Built Designer's Certification
General MDC and the As -Built Designers Certification for Permeable
Pavement Project (provided in Afta[irmeni A anti available... on the .............
Division website) noting any deviations from the approved plans and
specifications. Deviations may require approval from the permittee;
2. If the project is not in compliance with the permitted plans, the
permittee shall resubmit an application to the permiftee or their
designated representative to modify their approval within 30 days of
completion of the project or provide a plan of action, with a timeline, to
bring the site into compliance.
viii. Prior to the sale or conveyance of any lot where permeable pavement has
been installed to a new owner, the permittee shall ensure that the seller
provides a copy of the previously approved permeable pavement application
ppe and the completed « Designer's Certifications to the buyer. (p.JV0 cl
zZowrng jrparr hb3,e is hardit mr enarxw) The permittee shall also
require the buyer to sign a new Operation and Maintenance Agreement prior
to closing.
g. When submitting an application to transfer the permit, the permittee must also submit
copies of the Designer's Certifications for the individual lots using infiltrating permeable
pavement to the Division as supporting documentation. Alternatively, the permittee
may submit copies of the Designer's Certifications to the Division as they are received
by the permittee.
h. Any approval given by the permittee or their designated representative does not
relieve the permittee of their responsibility to routinely monitor the project and to
enforce the BUA limit.
i. j.emauVe me roax"rg k pemxtlee is handling nrarrfenwics) Since the individual lot
owner is the designated responsible party for maintaining the permeable pavement on
the lot, the permittee shall ensure that the lot owner provides and performs the
necessary maintenance as outlined in the signed Operation and Maintenance
Agreement by whatever reasonable and legal means necessary as set forth in the
recorded Declaration of Conditions, Covenants and Restrictions applicable to this
subdivision.
Camamnld ony CIMW M
{O{Z� lr � 6ear to �a .be.d and mcrudc Ikm
,,A else prcrms.

All approved permeable pavement applications become an enforceable part of the
permit. The permittee shall retain the original permeable pavement application
package (including lot layout plan, supplement form, calculations, soils report, and
fmmave rrre foibwRnta if nemeree rs handiong dust the signed Operation and
Maintenance Agreement), a copy of the written approval, and a copy of the Designer's
Certifications on file for the life of the Stormwater Management permit. At the request
of the Division, the permittee shall provide a copy of these documents for any and all
lots approved to install a permeable pavement within the permitted project.
2. If this option to install infiltrating permeable pavement is not used on any of the lots or
this option is no longer desired, the permittee may submit a minor modification to
remove the applicable requirements from this permit, including the requirement for
renewal. The minor modification application must include documentation demonstrating
that permeable pavement has not been constructed on any lots and/or the lots have not
exceeded their BUA allocation.

The following are statements to ADD to the proposed restrictions and covenants for
subdivisions that wish to add the option of using infiltrating permeable pavernept f w DLLA credit:
a. If credit for infiltrating permeable pavement is desired, the lot owner must submit an
application along with supporting documentation, listed below, to the permittee or his
designated representative and receive approval prior to construction of the infiltrating
permeable pavement, meeting the most current minimum design criteria, 15A NCAC
02H.1050 MDC for All Stormwater Control Measures and 15A NCAC 02H.1055 MDC
for Permeable Pavement.
i_ a completed and signed Standard Process Application Form. This form may
be obtained on the Division's website;
ii. a location map with street names and SR numbers to the nearest intersection,
with 1, 2, or 3 digit road numbers, legend, and north arrow. This map is not
required to be to scale;
iii. signed, sealed, and dated calculations that the permeable pavement is
capable of infiltrating the (pick acre) 1.5-inch design storm aRk 1-yr 24-hr
design storm (Insert 1-vr 24-hr raintafl def#trinch per NOAA precipitation
frequency data server);
iv. the most current permeable pavement supplement;
v. signed, sealed, and dated plans of the entire site that are at a legible scale. All
plan packages shall include:
1. project name, designer, and dates;
2. dimensioned project or project phase boundary with bearings and
distances;
3. the boundaries of all surface waters, wetlands, regulatory flood zones,
protected vegetated setbacks, and protected riparian buffers, or a note
on the plans that none exist;
4. proposed contours and drainage patterns;
5. site layout showing all existing and proposed built -upon areas;
6. location and dimensions of the permeable pavement;
vi. a signed and
notarized operation and maintenance agreement.
vii. For infiltrating permeable pavement systems, a site -specific soil investigation
shall be performed and report provided to establish the hydraulic properties
and characteristics within the proposed footprint and at the proposed elevation
of the permeable pavement system.
b. Upon completion of the infiltrating permeable pavement, a copy of the Designer
Certifications must be provided to the permittee.
c. Prior to the sale or ownership transfer of any lot where permeable pavement has
been installed to a new owner, the permittee shall ensure the seller provides a copy
of the previously approved permeable pavement application package and the
completed Designer's Certifications to the buyer.
The permittee shall also require the buyer
to sign an Operation and Maintenance Agreement prior to closing.

January 9, 2020
Ms. Georgette Scott, PE, Supervisor
NCDEQ - DEMLR — LQS - Wilmington Regional Office
127 Cardinal Drive Extension
Wilmington, NC 28405
Ms. Annette Lucas, PE, Supervisor
NCDEQ - DEMLR — Stormwater Program
1612 Mail Service Center
Raleigh, NC 27699-1612
RE: Helms Port
State Stormwater Permit No. SW8140211
New Hanover County
Dear Ms. Scott and Ms. Lucas-
JAN t 9 2020
BY:
As members of the Board of Directors of the Helms Port Home Owner's Association (HOA), we
are writing on behalf of all residents within the community to request your assistance as it
relates to ensuring compliance with the permit conditions of the referenced stormwater permit.
The developer of our community transferred control of the Homeowner's Association to us and
our Board members were elected in January of 2019. It has been a period of much learning for
us, and all of our committee members, to maintain the appeal and character of Helms Port
while ensuring we meet all regulatory requirements.
We were working with Linda Lewis on several permit related items and understand that she
has since retired. We are currently facing two (2) challenges related to our stormwater permit
for which we request your assistance; built upon area (BUA) limits and landscaping allowances
within a stormwater easement.
BUA limitations: Our stormwater management system consists of two wet detention ponds
with secondary infiltration devices, multiple infiltration trenches and an infiltration basin.
Many of the lots located within the drainage areas treated by the infiltration basin or infiltration
trenches are limited to 4,000 square feet (SF) of BUA per lot. Some of these lots are also the most
valuable within the neighborhood and lot owners are requesting BUA amounts greater than
allowed by the permit. Allegedly, the developer of Helms Port told several of these lot owners
that the total permitted BUA was an aggregate amount; some of the lots would use less than
their permitted BUA and others could therefore have more. It is our opinion that based upon
the recorded deed restrictions, this is not the case and that each lot is restricted independently

to its allocated BUA. With several lot owners in various stages of the home building process,
this has become an urgent matter for the HOA to address.
Previous discussions with Ms. Lewis indicated that permit conditions have been developed by
NCDEMLR whereby the HOA may allow greater than the permitted BUA allocations through
the use of pervious materials if the lot owner meets specific requirements for BUA credit. If this
is the case, please forward to us a draft of these conditions that could be added to our permit
(through a permit modification) so we can determine if this is a responsibility the HOA wants to
accept-and,if so,we will go through the permit modification process to do so.
Previous discussions also indicated there another alternative to resolve the issue of
homeowners requesting BUA in excess of the approved amounts; the homeowners can apply
for their own individual State Stormwater Permit for BUA in excess of the approved amount
and show DEMLR how they proposed to treat that runoff or show that it meets the conditions
for 100% BUA credit through the use of pervious materials meeting the Department's design
criteria. We would like to discuss the pros and cons of this alternative with you from both a
community and individual homeowner's perspective.
Landscape allowances within a stormwater easement: As previously mentioned, we have
multiple infiltration trenches in our stormwater management system. Many of these trenches
are located in stormwater easements between residential lots. Various trees and landscaping
have already been planted in portions of these easements with other lot/home owners in
various stages of landscape plan design and installation. In an effort to maintain accessibility
for inspection, operation and maintenance of these easements, we have initiated
communications with the owners about the potential for removal of some of the existing
vegetation and/or not allowing certain types of plant species. We are requesting guidance and
an official interpretation with regard to the type of landscaping that is acceptable within
stormwater easements to ensure we are not limiting the homeowners to unnecessary regulation.
We are happy to discuss these two (2) challenges with you in whatever is the most convenient
for you. Phone calls, email discussions, meetings at your office and/or an onsite meeting in
Helms Port are all options, please let us know what works for you. Thank you very much for
your assistance in ensuring future compliance with our State Stormwater Permit.
Sincerely,
Diane Williams, President
Helms Port Home Owner's Association

Johnson, Kelly
From: Johnson, Kelly
Sent: Wednesday, November 6, 2019 3:27 PM
To: '[e-mail]'
Subiect: 5924 Nautical Isle, ll-M - Helms Port Subdivision (SW8 140211)
Attachments: 2019 02 permit 140211.docx
Ms. Barbalace,
I understand that you all need to obtain a new State Stormwater permit for your lot which is located inside Helms Port
(SW8140211). Your driveway will put the home over its impervious allocation, and you want to use permeable
pavement to keep your lot within its allocated impervious amount.
1. The application for the new permit can be found here.
2. The design requirements are in chapter C-5 of the State Stormwater Design Manual which is located here.
Please contact a Civil or Environmental Engineer and forward them this email which has the text of the Helms Port
permit attached. They will be familiar with how this process works, and can prepare the appropriate application
package for you.
Thanks,
Kelly
K.t U'. Jokvlsovu
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.

Scott, Georgette
From: Scott, Georgette
Sent: Wednesday, September 18, 2019 10:48 AM
To: [e-mail]
Cc: [e-mail]
Subject: RE: Submittal of Mod Application for SW8 140211 Helms Port
Tim,
I have received no response from you concerning this project. It has been almost a
month. This project was not accepted due to the issues with the application as noted
below. Since I have not heard from you I am returning the check to you today.
When you resubmit, make sure all the issues below are addressed or it will not be
accepted.
Georgette Scott
State Stormwater Program Supervisor
Department of Environmental Quality
Office [phone]
Fax [phone]
Georgette.Scott@ncdenr nov
127 Cardinal Drive Ext.
Wilmington, NC 28405
A0�- - I,.', it,: -I - 'I ; . r J - - I .. ! , , - .-. -
i :iflci.' CG`;s? I t:! (eE?dta E'3 and ;rom t1JS 0: G`.tu;rS 1^ '..1�' ?:i tMF11e
cd! p;. 1 •i r Its ilFl:£� '`'�
From: Scott, Georgette
Sent: Wednesday, August 28, 2019 1:08 PM
To: [e-mail]
Subject: Submittal of Mod Application for SW8 140211 Helms Port
Ti m,
You sent in a Modification for this permit and had Sel Property Investors, LLC sign as the
property owner. This is incorrect because the HOA owns the permit and Logan Homes
can not modify their permit without their permission and signature.
So I need the following before I can accept this permit for further review:
1. Page 2 of the application: Logan Homes is the Applicant BUT 1c. needs to have
"Developer" checked instead of property owner. I realize Logan homes owns the
lots, but they can't modify the Association's permit without their permission.
2. Page 2 a. & b.: The name of the association and their reps name and title and
address needs to be entered here. They own the SW system and are the
permittee. Please get the PRESIDENT of the HOA to sign.
1

3. Page 6 IX: Please have the President of the HOA sign and notarize IX (Property
Owner Authorization)
4. Please update your Narrative as to what this mod is really for. I am assuming this
is to correct an issue with Pond 2?
5. Please give me a new O & M signed by the Permittee (the HOA).
Please make sure all signatures are original and notarized.
Thank you
Georgette Scott
State Stormwater Program Supervisor
Department of Environmental Quality
Office [phone]
Fax [phone]
[e-mail]
127 Cardinal Drive Ext.
Wilmington, NC 28405
�.:il .. I .11 ' r Cr^ irS � %`'"�{ �t?::"y'� � rew FC1` a -
Vi

Lewias,Linda 15y F140 2
From: Lewis,Linda
Sent: Wednesday, June 05, 2019 5:19 PM
To: Tim Clinkscales
Cc: '[e-mail]'
Subject: RE: [External] Helms Port
Attachments: Ch08-LevelSpreader FilterStrip 20100309.pdf
H.ay Tim:
The applicable 2008 regulations that you need to consider in order to removo thy=: prevous!y pproved
secondary BMP infiltration basin and replace it with a vegetated filter are:
2.(b)(1)b.3. - requires a secondary BMP to treat the "discharge" from a wet porn. We had generalIV
interpreted this "discharge" to be the design storm volume discharged via the orifice.
2.(b)('1)b.4. — Requires the runoff in "excess" of the design volume to flow overland through a
vegetated filter. This filter already exists on the Helms Port project and must remain in place. It must
remain as the VFS for the excess design volume.
2.(b)(1)c.3. —Allows for the discharge from a wet detention pond that is treated by a secondary BIMP
(in this case, a new VFS) to not be considered a point of direct stormwater discharge to SA waters,
provided that both the pond and the secondary BMP are designed to meet the [2008] rule
requirements.
2.(bl(4) a-e — Structural stormwater controls shall meet all of the following requirements:
1. Remove 85% TSS;
2. Drawdown in 48-120 hours (wet ponds only);
3. Discharge the storage volume at a rate equal to or less than the predeveloped discharge rate
for the 1 year 24 hr storm.;
4. Meet the General Engineering Design Criteria set forth in 15A NCAC 02H.1008(c)�
5. Provide a 2' separation to the SHWT, except for secondary BMP's used in series with another
BMP.
I attach a copy of the Level Spreader Filter Strip chapter from the 2008 design manual tc assist you in
designing this VFS to meet the rules.
Let me know if you have any questions.
'Thanks,
Unda
From: Tim Clinkscales <[e-mail]>
Sent: Monday, June 03, 2019 4:03 PM
To: Lewis,Linda <[e-mail]>
Cc:'[e-mail]' <[e-mail]>; Jessica Vamvakias <[e-mail]>
Subject: [External] Helms Port

External email. Do not dick Unim or open attachments unless you verify. Send all suspicious emaii as are attachment to
Linda
Based on ground conditions, we are going toplace level spreaders in place of the secondary infiltration. Just wanted to
make sure on the same page on the modification. Since the impervious will be the same, the only items to be provided
are the O&M for the level spreader, supplement (if one) and updated plans. Also the rules will still be under 2008 since
no impervious increase
Thanks
Tim Clinkscales PE, PLS
PARAMOUNTE ENGINEERING, INC
122 Cinema Drive
Wilmington, NC 28403
OFFICE: [phone]
CELL: [phone]
FAX: [phone]
www.paramounte-eng.com

Lewis,Linda
From: Lewis,Linda
Sent: Monday, May 06, 2019 9:24 AM
To: '[e-mail]'
Cc: Kyle Priestley
S::yject: Helms Port SW8 140211
01
The Division received a complaint from the HOA about sections of the orifice line from the wet
detention pond #1 being cut. The Division notified Mr. D.I. Logan to check it out, which he did and he
confirmed that the line had been cut.
Please note that Mr. Logan has provided a response that the orifice line in Wet Pond #1 has been
repaired to the permitted condition. The permitted condition is for the 3.5" diameter orifice in Pond 1
at invert 20.0, to be piped completely through the outlet structure such that it enters the bypass
structure situated next to the infiltration basin. The bypass structure is designed to allow the design
storm volume to enter the infiltration basin. As it continues to rain, and the pond and the infiltration
basin fill up, any excess design storm that overflows at the temporary pool elevation of 21.5 is
"bypassed" from the infiltration basin into the vegetated filter. The design storm volume remaining in
the infiltration basin must be infiltrated within 5 days.
Please make sure that the homeowners are aware that the water level in this pond #1 will fluctuate
1.5 feet. They cannot do anything to artificially keep the water level higher during dry times, or lower
during wet times, or to permanently change the water levels without first submitting a permit
modification and receiving approval from the Division. The 2 functions that this pond serves, water
quality and aesthetics, can co -exist in a single structure, but water quality cannot be sacrificed in
favor of aesthetics.
Linda Lewis, E.I.
Environmental Engineer III
Division of Energy, Mineral and Land Resources
Department of Environmental Quality
910-796-7215 Office
linda_lewis ,-rcdenr. oy
Wilmington Regional Office
127 Cardinal Drive Extension
Wilmington, NC 28405

Lewis,Linda
From: D Logan <[e-mail]>
Sent: Friday, May 03, 2019 10:30 PM
To: Lewis,Linda
Cc: Tim Clinkscales; Scott, Georgette; Sams, Dan
Subject: Re: [External] Re: Helms Port SW8 140211
fxternal erna � Do r t click finks or oven attachments unless you verify. Send all suspicious ernad as an attachtr►ent tke i
Hello Linda,
Sorry so long getting back to you... This work was completed a week or so ago. Let me know if I need to do anything else
please
Thx
On Apr 8, 2019, at 8:44 AM, Lewis,Linda <linda.lewis6:)ncde:ir.t;ov> wrote:
Thank you for checking on that, Mr. Logan. Please let me know when it is done. The homeowners
were concerned that if the orifice is reattached and runoff from the pond is drained into the infiltration
basin, that the infiltration basin may not work anymore. After the orifice is reattached and for a couple
of design storms afterward, please check on the infiltration basin to make sure it still meets the
requirements to drain out completely within 5 days.
Linda
From: D Logan <dlo an loganhomes.com>
Sent: Saturday, April 06, 2019 2:50 PM
To: Lewis,Linda <linda.lewis(@ncdenr.gov>
Cc: Tim Clinkscales <tclinkscales paramounte-eng.r.om>; Scott, Georgette <georgette.scott ncdenraov>; Sams, Dan
<[e-mail]>
Subject: Re: [External] Re: Helms Port SW8 140211
; dernal email. Do not click finks or open attachments unless you verity. Send all suspicious email as an attachment to
t
Hello Linda,
Sorry so long getting back to you I've been behind. I did go out and take a look at those ponds today and it appears that
the office pipe is indeed broken on pond one... Not cut the broken somehow and not functioning properly. It will take
about 10 minutes to fix... And I will make time to get that done in the next week or so... I'll get back to you as soon as the
work is complete. Thanks and sorry for the confusion.
D Logan
910-443-2869
[e-mail]
On Mar 29, 2019, at 2:51 PM, Lewis,Linda <linda.lewis.L@ncdgnr.g_ov> wrote:

Lewis,Linda
From: D Logan <[e-mail]>
Sent: Monday, April 08, 2019 9:03 AM
To: Lewis,Linda
Cc: Tim Clinkscales; Scott, Georgette; Sams, Dan
Subject: Re: [External] Re: Helms Port SW8 14021 1
Eder nat email. ❑o not click Woks or tern-stt-achatlents unless you ver0y. Send all suspicious email as an attachment to .�
You got it!
On Apr 8, 2019, at 8:44 AM, Lewis,Linda <HndaJ,Lv [e-mail]> wrote:
Thank you for checking on that, Mr. Logan. Please let me know when it is done. The homeowners
were concerned that if the orifice is reattached and runoff from the pond is drained into the infiltration
basin, that the infiltration basin may not work anymore. After the orifice is reattached and for a couple
of design storms afterward, please check on the infiltration basin to make sure it still meets the
requirements to drain out completely within 5 days.
Linda
From: D Logan <[e-mail]>
Sent: Saturday, April 06, 2019 2:50 PM
To: Lewis,Linda <linda.lewis ncdenr.gov>
Cc: Tim Clinkscales<[e-mail]>; Scott, Georgette <[e-mail]>; Sams, Dan
<[e-mail]>
Subject: Re: [External] Re: Helms Port Sw8 140211
externaI em— 0. Do n t c#K 1IAks or open attachments unt ass rr-all•as an attachrrien
Hello Linda,
Sorry so long getting back to you I've been behind. I did go out and take a look at those ponds today and it appears that
the office pipe is indeed broken on pond one... Not cut the broken somehow and not functioning properly. It will take
about 10 minutes to fix... And I will make time to get that done in the next week or so... I'll get back to you as soon as the
work is complete. Thanks and sorry for the confusion.
D Logan
910-443-2869
dlopan to anhomes.com
On Mar 29, 2019, at 2:51 PM, Lewis,Linda <[e-mail]> wrote:
Mr. Logan:
The approved plan shows the orifice for Pond 1 is supposed to be piped completely through the outlet
structure to the infiltration basin. The allegation being made by the homeowners is that the orifice

pipe (at invert elevation 20) has been cut inside of the outlet structure. If the orifice fne inside the
outlet structure has been removed, then all of the runoff entering the outlet structure from the pond
via the ;art of the'orifice that is left, will simply go directly into the 48" pipe (at invert elevation 16) afId
bypass the infiltration basin.
The homeowners say that they have pictures, so please investigate this matter. I have no idea if or
when the orifice pipe was removed, but Tim will probably have a vested interest in determining what
occurred and when it occurred given the fact that the pond was certified on July 5, 2016. If there has
b--en a chance of design from the January 16, 2018 approved plans, please get with the HCA and
submit a proposed minor modification to the approved plan for review and approval by the Division.
It this allegation proves to be true, we may need to consider revoking the transfer until the cutlet
structure and orifice can be restored to the designed and certified condition.
Linda
From: D Logan <dl.I?lo arhames.. om>
Sent: Wednesday, March 20, 2019 11:22 AM
To: Lewis,Linda < inda.lewis0d)ncdenr.=cv>
Cc: Chandra Meshaw <cm shaw@lo l nhom s.com>; Jeff Keeter <jokeeteri bckla4°.firm.cc4m>; Tim Clinkscales
<[e-mail]>; Kyle Priestley <i<Pr [e-mail]>
Subject: Re: [External] Re: Helms Port SW8 140211
unless gnu ver fe nd
11) lb
On Mar 20, 2019, at 11:00 AM, Lewis,Linda <[e-mail]> wrote:
as an &Z;tacl t fIt to
Thank you. I am all too familiar with folks not liking the answers we give. Compliance is not based on
how "pretty" the pond is.
I'll respond to the management company regarding the permanent pool elevation and the need for the
infiltration basin to be dry.
Linda
From: D Logan <cll�aDloganhomes.com>
Sent: Wednesday, March 20, 2019 10:57 AM
To: Lewis,Linda <[e-mail]>
Cc: Chandra Meshaw <[e-mail]>; Jeff Keeter <'oki eeter@bcklawfir m.com>, Tim Clinkscales
<tclir.kscales@paramounte-e_g.com>; Kyle Priestley <I<Priestley@priest!eym-:;nagement.com>
Subject: Re: [External] Re: Helms Port SW8 140211
Extertia "ema.'Do rtof elick links ar ispn atac�iments unless you verify. Send all su'spRcfdus email as an attachment tcY
That's correct. I don't know who so what... All I know is they have been complaining for two years about the pool
elevation and I have repeatedly told them that I am not going to put it back like it was - They just I don't like the answer
D Logan

910-443-2869
:'oanffloganhomes_com
On Mar 20, 2019, at 10:55 AM, Lewis,Linda <linda.le,,vis(uncc'enr.gov> wrote:
So, what you are saying is that the owners saw you correcting a comp!;once issLse With the perrnanent
pool elevation problem which involved removing some of the orifice piping that hed been Installed too
high and replacing that piping at the correct elevation?
Is that an accurate statement?
Linda
From: D Logan <dlogFn L310 anhomE,. s.com>
Sent: Wednesday, March 20, 2019 10:42 AM
To: Lewis,Linda <lirda.lewisrwncderir.go�>; Chandra Meshaw <c+ram �s +^� F Ins; l�hc�r�t;_s^�_*�rr+>; Jeff Keeter
<ipi,[e-mail]> T
Cc: Tim Clinkscales <tclinkscalesr-Dpuramourte- .rig.corci>; Kyle Priestley <KP _i:lstlf-y@_pi-ies::i ym anal Ei,iient com>
Subject: [External] Re: Helms Port 5W8 140211
External email. Do not cock IMks or+ope u'tachrnents un you verify. Send all suspicious email as are attachtr►errt to
The orifice pipes were not installed at the correct elevation originally (to high) ...And the permanent pool elevation was
much higher than it should have been. When we discovered that it was corrected and the owners complained about the
water going down. I have repeatedly told them that I cannot raise the pool elevation like they want. This is merely an
attempt to accomplish it some other way now that we have turned the association over. The ponds are built correctly
and certified. I'm not going to raise the water for them just because they want it to look pretty. I can assure you that no
pipes have been cut out. I'm happy to meet you on site if you would like.
Chandra, who is the president of the association... Please forward me their email address so that I can send this
response directly to them as well as the management company if it is different from someone that we hired.
910-443-2869
&p, n Ioganhomes_com
On Mar 20, 2019, at 10:16 AM, Lewis,Linda <[e-mail]> wrote:
Tim
Yesterday I forwarded to you a copy of an email that was forwarded to me by the company that is
managing the affairs of the Helms Port HOA. The HOA had several questions about the transferred
permit, which I attempted to answer.
There was an allegation made about cutting out 12" sections of piping which drain the ponds. I am
completely baffled by this allegation and do not know what it could possibly refer to. I've copied an
excerpt from the HOA's email below:
Additionally we know that the through pipes going to the secondary ponds from the concrete structure in the larger
ponds had —12 inch sections cut out of those pipes which drained the ponds, these cuts are also non compliant and

not noted on the report. Our concern is that these things could be brought up to us in a future report where we
would be required to repair pipes and remove grasses at the HOAs expense.
If you or Mr. Logan have any information or light to shed on this allegation, I would welcome it. Thank
you for your attention to the matter.
Linda Lewis, E.I.
Environmental Enaineer III
Division of Energy, Mineral and Land Resources
Department of Environmental Quality
910-796-7215 Office
iG_idrti�' wis wro6erir.rcy
Wilmington Regional Office
127 Cardinal Drive Extension
Wilmington, NC 28405
<image001.png>
4

Lewis,Linda
From:
Lewis,Linda
Sent:
Wednesday, March 20, 2019 11:35 AM
To:
[e-mail]'
Cc:
Kyle Priestley
Subject:
HOA concerns Helms Port SW8 140211
01
The Division has fielded some questions and concerns from the Helms Port HOA regarding the
stormwater permit conditions and requirements for compliance.
The project was certified by a licensed professional engineer as being in compliance. Prior to
transfer, the Division conducted several site inspections to verify certain administrative aspects of
compliance, including the requirement for the permittee to provide a certification from a suitably
licensed professional. In the time leading up to certification, the permittee and/or the consultant
apparently identified a problem with the elevation of the permanent pool in the pond. In order to
correct the problem, the original orifice piping'leaving the outlet structure had to be removed (cut up)
and it was replaced with a new pipe which was connected to the outlet structure at the approved
permanent pool elevation.
I believe what the owners saw and identified as cutting out 12" sections of a pipe, was actually the
work done to remove and replace the orifice piping to restore the project to a compliant condition, and
is not the creation of a noncompliant condition. It's my understanding that the restoration work
resulted in a drop of the water level in the pond to its permitted permanent pool elevation, which may
have exposed the bare slopes that were once covered by water. Compliance is not judged on how
pretty the pond is, but on the permitted design criteria being provided and maintained.
The project was certified by Mr. Tim Clinkscales, PE as being in compliance with the permit. The
licensed design professional is responsible and liable for what he or she states on that certification,
not the Division. The Division is obligated to accept that certification at face value.
The infiltration basins are intended to serve as what are called "secondary treatment" measures.
These basins receive the desian storm outflow from the pond via the orifice, and allow that volume to
infiltrate. Larger storm events beyond the design storm are bypassed around the infiltration basin.
The infiltration basins must dry out within 5 days after a design storm event.
The HOA is responsible for maintaining the ponds and the infiltration basins and trenches as they
were designed, permitted and certified.
Linda Lewis, E.I.
Environmental Engineer III
Division of Energy, Mineral and Land Resources
Department of Environmental Quality
910-796-7215 Office
linda.lewis(a)ncdenr.aov
Wilmington Regional Office
127 Cardinal Drive Extension

Lewis,Linda
From: Lewis,Linda
Sent: Wednesday, March 20, 2019 10:16 AM
To: 'Tim Clinkscales'
Cc: '[e-mail]'; 'Kyle Priestley'
Subject: Helms Port SW8 140211
Tim
Yesterday I forwarded to you a copy of an email that was forwarded to me by the company that is
managing the affairs of the Helms Port HOA. The HOA had several questions about the transferred
permit, which I attempted to answer.
There was an allegation made about cutting out 12" sections of piping which drain the ponds. I am
completely baffled by this allegation and do not know what it could possibly refer to. I've copied an
excerpt from the HOA's email below. -
Additionally we know that the through pipes going to the secondary ponds from the concrete structure in the larger
ponds had —12 inch sections cut out of those pipes which drained the ponds, these cuts are also non compliant and
not noted on the report. Our concern is that these things could be brought up to us in a future report where we
would be required to repair pipes and remove grasses at the HOAs expense.
If you or Mr. Logan have any information or light to shed on this allegation, I would welcome it. Thank
you for your attention to the matter.
Linda Lewis, E.I.
Environmental Engineer III
Division of Energy, Mineral and Land Resources
Department of Environmental Quality
910-796-7215 Office
Iinda.lewis(d0,ncdenr.gov
Wilmington Regional Office
127 Cardinal Drive Extension
Wilmington, NC 28405
.,,,,��aathing t.�s�Cripa�•��� - -�
i:.'r). ri:..
La • .x7;'�,,).t,�,..- �.l:..IC:�f?,�..' to th':".° )arlJes.

Lewis,Linda
From:
Lewis,Linda
Sent:
Wednesday, March 20, 2019 10:02 AM
To:
'Kyle Priestley'
Cc:
'Tim Clinkscales; Weaver, Cameron
Subject:
FW: [External] FW: Storm Water Permit Questions SW8 140211 Helms Port
M^a"e information ahcu'; the monitoring wells:
ne-,ot C-3.4 of the January 16, 2018 approved plans show mon ioring I observation well locations.
Infi!tretion Trench "E", :�ocated between Lots 1 & 2, provides for a "typical" svmbol of 2 small circles to
represent the typical location of the observation well for each trench.
Observation wells are not required adjacent the open infiltration basins used as secondary treatment
for the discharge from the wet pond orifice.
If the Association needs a copy of the approved plans for Helms Port, please contact Cameron
Weaver to make arrangements to get a copy made at your expense.
Linda
From: Lewis,Linda
Sent: Wednesday, March 20, 2019 9:41 AM
To: 'Kyle Priestley'<[e-mail]>
Subject: FW: [External] FW: Storm Water Permit Transfer
Kyle
I have more information for you regarding the dam safety aspect of the wet pond O&M for Helms
Port.
The need for a dam safety expert to inspect on an annual can be alleviated by simply keeping trees
off of the fill slopes associated with the wet ponds and infiltration basins. The fill slopes are the
outside slopes of the ponds and basins, where the compacted fill material used to create the
embankment ties back in to the natural grade. Tree roots can create what is called a "piping"
effect. Impounded water within the pond creates pressure on the slopes. Under certain conditions,
free roots can create channels or "pipes" for that water to follow, which weakens the structure over
time. If the roots decay, those channels are left open for the water to flow through, which can lead to
failure of the embankment.
As indicated in the O&Ni document, a dam safety expert needs to be consulted ONLY if a tree is
allowed to take root on those fill slopes. As long as the maintenance company hired by the HOA
keeps the embankment stabilized with vegetation and free of trees, then inspection by a dam safety
expert is unnecessary.
JIM#

From: Lewis,Linda
Sent: Monday, March 18, 2019 4:57 PM
To: 'Kyle Priestley' <[e-mail]>
Subject: FW: [External] FW: Storm Water Permit Transfer
Kyle:
Monitoring wells are installed adjacent to infiltration systems when needed, as a means to check that
the water table is not intruding beyond tha bottom of the infiltration system. They are a well for all
intents and purposes, but their purpose is to allow for inspection, nct to produce potable drinking
water.
I believe that each of the infiltration trenches that has been installed between the lots down close to
the water, has a monitoring well. These well locations should be noted on the approved plans. If the
HOA doesn't have a copy of the approved plan, I suggest that you make arrangements with Cameron
Weaver to get a copy made at the HOA's expense.
Linda
From: Lewis,Linda
Sent: Monday, March 18, 2019 2:55 PM
To: 'Kyle Priestley' <[e-mail]>
Cc:'Tim Clinkscales'<[e-mail]>
Subject: RE: [External] FW: Storm Water Permit Transfer
Kyle:
I do not know anything about pipes being cut. If they are underground, then I would never have seen
it. You should contact the certifying engineer.
The use of clumping love grass on the pond slopes will only be an issue if erosion starts occurring. I
can't really call it a compliance issue if the slope is stable.
The renewal fee for a stormwater permit is currently set at $505.00.
1 don't think the dam is high enough to warrant the need for a dam safety expert to inspect it. If you
have questions about whether that is needed, you should contact Dan Sams.
Vegetation just needs to be maintained. The old standard was to mow it once it got to be more than 6
inches tall. There is no intent to keep it exactly at 6 inches.
Monitoring wells are located on the approved plans. Perhaps Mr. Clinkscales can give you additional
information as to exactly where he located them.
Linda
From: Kyle Priestley <[e-mail]>
Sent: Monday, March 18, 2019 2:42 PM

Lewis,Linda
From: Lewis,Linda
Sent: Monday, March 18, 2019 2:55 PM
To: 'Kyle Priestley'
Cc: 'Tim Clinkscales'
Subject: RE: [External] FW: Storm Water Permit Transfer
Kyle
do not know anything about pipes being cut. If they are underground, then i wou;d never have seen
it. You should contact the certifying engineer.
The use of clumping love grass on the pond slopes will only be an issue if erosion starts occurring. I
can't really call it a compliance issue if the slope is stable.
The renewal fee for a stormwater permit is currently set at $505.00.
don't think the dam is high enough to warrant the need for a dam safety expert to inspect it. If you
have questions about whether that is needed, you should contact Dan Sams.
Vegetation just needs to be maintained. The old standard was to mow it once it got to be more than 6
inches tall. There is no intent to keep it exactly at 6 inches.
Monitoring wells are located on the approved plans. Perhaps Mr. Clinkscales can give you additional
information as to exactly where he located them.
Linda
From: Kyle Priestley<[e-mail]>
Sent: Monday, March 18, 2019 2:42 PM
To: Lewis,Linda <[e-mail]>
Subject: [External] FW: Storm Water Permit Transfer
[xternal'errtail Tk� h©t click iinTts iir �6peii attachrheh&—Ur4ess you verify: Send all suspicivi�s erriail' as an attachment to
Linda,
I hope you are doing well. We just received the storm water transfer permit for Helms port master, which is attached.
The board had some questions or conerns:
Our review of the attached permit found no big changes from the previously issued permit. However,
there is no mention about the tall/clumping grasses on our pond slopes that were noted as "non-
compliant" in the August 9, 2018 inspection report (attached and marked). Additionally we know that
the through pipes going to the secondary ponds from the concrete structure in the larger ponds had
—12 inch sections cut out of those pipes which drained the ponds, these cuts are also non compliant

and not noted on the report. Our concern is that these things could be brought up to us in a future
report where we would be required to repair pipes and remove grasses at the HOAs expense.
• We need to establish a budget requirement for renewal of the permit which needs to be submitted
180 days before expiration March 6, 2022. Is this covered in our budget? What kind of cost can we
expect?
• The embankment must be inspected once a year by a dam safety expert. Do you know anyone who
noes this?
• O&M Agreement states that vegetation should be at a height of six inches. We need clarification from
the regulators on this as noted above. Can you clarifiy this?
• the O&M Agreement for the trenches mentions monitoring wells. What are monitoring wells and can
you confirm helms port hast hem?
Thanks,
Kyle Priestley, A.MS, C ACA
PMC, ssociaton Manager
910.509.7276 ext. 128
ww�nr.y riPstl.ey�na.nagement.cnm.
Emergencies: 910.305.7276, Option 3
I. inten:.ince Requesi.r!: ??0.379.1.979 I w^rko,•a ���r #�r+eSLl yr�a, :•; •m�.i.:.cem.
I apologize for the delayed response(got caught it my drafts).
In order to complete a transfer of the permit it must be inspected by the state, which was noted as being completed in
February per the letter from DEQ. I do not think they would of approved the transfer if there were issues with the
grasses or the pipes as noted below. However, I will reach out to my contacts at DEQ to confirm this. It may be good for
the committee to have a working meeting with me and the pond maintenance company so I can go over questions.
Please see below Reponses in yellow. Many of this I have to follow up on but I will confirm.
Thanks,
0
Kyle Priestley, Ali'tAS, CMCA
Association Manager
910.509.7276 ext. 128
www.pi•iestleymanagement.com
Maintenance Requests: 336.379,1979 1 workorders, ?priestleymanagement.com

Eme,rg^ .ci s: 910.509.727c, Opti-i 3
-�nmec.,Ae Iasi tancc is avai!able for the follm,.ir.o it•_ms
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Information
Recjuest
Requests documents
From: Diane Williams [mailto:dm10907[[e-mail]]
Sent: Wednesday, March 06, 2019 9:44 PM
To: Kyle Priestley<[e-mail]>
Cc: Gregory Rohde <[e-mail]>; Laura Cavataio <[e-mail]>
Subject: Re: Storm Water Permit Transfer
Hi Kyle,
Thank you for sending over the permit transfer documentation. Many questions have arisen and we would like
to have Priestly Management recommendations on how the items bulleted below could be handled.
PRIMARILY - Our review of the attached permit found no big changes from the previously issued
permit. However, there is no mention about the tall/clumping grasses on our pond slopes that were noted
as "non -compliant" in the August 9, 2018 inspection report (attached and marked). Additionally we know
that the through pipes going to the secondary ponds from the concrete structure in the larger ponds had
-12 inch sections cut out of those pipes which drained the ponds, these cuts are also non compliant and
not noted on the report. Our concern is that these things could be brought up to us in a future report
where we would be required to repair pipes and remove grasses at the HOAs expense.
The following are some questions we also wanted to get your thoughts on.
According to the letter, the HOA is now responsible for compliance effective February 14, 2019. We must
make sure we are abiding by the permit while we get things worked out with the State and Logan. There is a
procedure for us to follow if we have issues with the permit as outlined on page 2 of the letter.
1. The HOA is responsible for making sure we stay within the 1,247,556 square feet built -upon area
(BUA). This includes lots, streets, recreation facilities, sidewalks. It states, "Where the permittee
finds a noncompliance with the permit on an individual lot, the permittee shall notify the lot owner in
writing, requiring remediation of noncompliance . ". It also states, "The permittee shall not approve

any lot plan where the permitted maximum BUA limit is exceeded...". Who is going to review all
property improvements and construction? How do other HOAs handle and ensure all property
owners understand the requirements? Does this fall to the ARC? If so, how is this typically
accomplished?
Most HOA's put the burden ion the ARC to assure that lots are not going over their impervious surface requirements.
Many will !require an as built survey as a condition of the approval. Below is sorr±e example wording we hove used at
other HOA's in the approval process:
As stated in Article of the Declaration of Protective Covenants, Restrictions and
Easements for , the subdivision is subject to the requirements of State
Stormwater Permit including restrictions upon Built Upon Area. Each lot within
the subdivision is limited to a Maximum built upon area and must be verified by an as -
built survey showing all improvements to the lot. Any improvements made to a lot in
must include a homeowner provided and updated as -built survey verifying
compliance with the maximum built upon area far the lot. Any improvements made
without the approval of the - ARC and without verification of compliance with the
maximum built upon area may be considered in violation of the State Stormwater
Permit and could be subject to actions and/or fines as detailed in Article of the
Covenants.
2. It states the permittee is responsible for approving and monitoring all driveway pipe installations on
individual lots. How do other HOAs handle this?
I do not forsee many driveway pipe installations on individual lots as most have been Installed but this would
fall to the ARC to assure compliance. We can also assist with this in the event that it comes up.
3. It states that the permittee shall keep permit and maintenance records at a set location so they can be
made available to DEQ during an inspection. Where would these records be kept? Who would meet
with DEQ during inspection?
Please see attached example log. We will beep these on file these with the Associations records and the
maintenance company wi l send to us monthly and I will forward to the board and pond committee.
4. Does Priestly Mgmt house previous Maintenance/Inspection logs, or does the pond maintenance
company have these or do we need to get these from Logan?
Pond company has there and I have requested for our files.
5. We need to establish a budget requirement for renewal of the permit which needs to be submitted
180 days before expiration March 6, 2022. Is this covered in our budget? What kind of cost can we
expect?
4

I do not forsee this being a large expense. However, I will confirm with DEQ when 1 discuss with them this
week.
6. The O&M Plan includes maintenance and inspection requirements for the two detention ponds and
the seven trenches.
a. For the ponds, the HOA must inspect the ponds once a month and within 24 hours after every
storm event greater than 1.0 inches. This needs to start immediately. The inspection criteria
are outlined in the O&M Agreement. Would the pond maintenance company handle this? The
pond rnaintaence company inspects once a month. However, the do not inspect after each
storm greater than 1.0 inches. I would re ommend that the the pond committee complete
this inspection.
b. The embankment must be inspected once a year by a dam safety expert. When did Logan do
this last? We need to make sure it has not exceeded a year. This needs to budgeted.
I will get clarification on this but 1 believe the pond company is considered a dam safety expert and
do it monthly included In their monthly service.
c. The O&M Agreement states that vegetation should be at a height of six inches. We need
clarification from the regulators on this as noted above.
Will clarify with UEQ
d. Pesticides/herbicides are not to be sprayed for weed abatement. Has the landscape company
been working to this requirement?
The pond is mainly surround with pinestraw so this helps control weed grown and so they
do not spray
e. Pool depth requirements are stated as 7 feet for main pond (DA-1) and 6 feet for the second
pond (DA-2). Who will routinely measure and has then been done on a regular basis by the
pond maintenance company?
The pond maifntaence company can do this but it will be an added casts.
f. The trenches must be inspected once a quarter and within 24 hours after every storm event
greater than 1.0 inches. Inspection requirements are included in the permit. Would the pond
maintenance company typically perform the inspections and have they been done in the past?
It is not in their current scope but I will get a price

r
g. The'O&M Agreement for the trenches mentions monitoring wells. Do we have monitoring
wells installed?
1 believe they do or else it would not of passed inspection but will confirm with DEQ
Thanks,
Diane
On Tue, Mar 5, 2019 at 10:14 AM Kyle Priestley <KPriestleycapriestleymana ement.com> wrote:
Good Morning,
Please see attached I just received.
Sincerely,
Kyle
-----Original Message -----
From: donotreply rip estleymanagement.com [mailto:donotreplycapriestle management.com]
Sent: Tuesday, March 05, 2019 10:15 AM
To: Kyle Priestley <[e-mail]>
Subject: Message from ' f0642"
This E-mail was sent from'10642" (MP C3003).
Scan Date: 03.05.2019 10:14:58 (-0500)
Queries to: donotrepllyga rip �estleymanagement.com
Best,
Diane
0

71
r-i

Compliance Inspection Report
Permit: SW8140211 Effective:03106/14 Expiration: 03/06/22
Project: Helms Port formerly Emmarts Landing
Owner: Sel Property Investors LLC
County: New Hanover Adress: 100 Aqua Vista Dr
Region: Wilmington
Contact Person: D Logan Title:
Directions to Project:
Off Masonboro Loop Road just north of Masonboro Harbor Drive.
Type of Project: State Stormwater- HD - Infiltration
Drain Areas: 1 -
2-
A-
B-
C-
D-
E-
F-
G-
H-
On-Site Representative(s):
Related Permits:
City/State/Zip: Wilmington NC 28409
State Stormwater HD Detention Pond
Inspection Date: 12/15/2016 Entry Time: 02:10PM
Primary Inspector: Alida R Lewis 4
Secondary Inspector(s):
Reason for Inspection: Follow-up
Permit Inspection Type: State Stormwater
Facility Status: ❑ Compliant Not Compliant
Question Areas:
State Stormwater
(See attachment summary)
Phone: [phone]
Exit Time: 02:25PM
Phone: [phone]
Inspection Type: Transfer Renewal
page: 1

Permit: SW8140211 Owner - Project: Sel Property Investors LLC
Inspection Date: 12/15/2016 Inspection Type Transfer Renewal Reason for Visit: Follow-up
Inspection Summary:
This was a followup inspection to the September 22, 2016 compliance inspection for transfer.
The infiltration basin behind the clubhouse parking Int at the end of the alley ig still full of water and sediment that needs
to be removed.
The permittee should be monitoring the lot construction to assure that the builders are maintaining their silt fence per the
county -approved grading permit and are not allowing sediment to wash into the street.
SW Measures Yes No NA NE
Are the SW measures constructed as per the approved plans? 0 ❑ ❑ ❑
Are the inlets located per the approved plans? 0❑ ❑ ❑
Are the outlet structures located per the approved plans? N❑ ❑ ❑
Comment:
Operation and Maintenance Yes No NA NE
Are the SW measures being maintained and operated as per the permit requirements? ❑ M ❑ ❑
Are the SW BMP inspection and maintenance records complete and available for review or provided to ❑ ❑ ❑
DWQ upon request?
Comment: 1. The infiltration basin behind the clubhouse parkinq lot at the end of the alley is still full of water and
has not drawn down.
2. This basin is full of sediment that needs to be removed.
Other WQ Issues
Is the site compliant with other water quality issues as noted during the inspection?
Yes No NA NE
❑ ®❑ ❑
Comment: 3. The individual lots currently under construction within the drainage area of this infiltration basin have
silt fencing that has been cut and/or overtopped and sediment is washing into the street and the
drainage system unrestrained.
page: 2

QUATIC RESOURCE AANAGEMENT
Retention Pond Inspection & Maintenance
Watt Pollard
Project Biologist
7621 Scout -Camp Hatila Road
Wilmington, NC 28409
910-452-5339
.b: Aquaticresmanagement.com e-mail: [e-mail]
REPRESENTING r �Dl4i�� 1�6
OF NORTH CAROLlNA
IvironmenW and Natural Resources
ardinal Drive Extension
ton, North. -Carolina 28405
[phone]
2,
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4.
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STATE OF NORTH CAROLINA
Department of Environmental Quality
127 Cardinal Drive Extension
Wilmington, North Carolina 28405
[phone]
SW FILE ACCESS RECORD I
DEQ SECTION: I L—& REVIEW TIME / DATE:
1<
NAME: � d A - - ' u EMAM
REPRESENTING: k I 4 =Lj n _ PHONE: �S !� =1 J
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GJAD1bUShared/File Review Access Form rev 2018

STATE OF NORTH CAROLINA, Department of Environmental Quality,
127 Cardinal Drive Extension, Wilmington, North Carolina 28405 [phone]
FILE ACCESS RECORD
DEQ SECTION:/ c'iX4Qt
NAME: M a(G i s K► G v S
REPRESENTING: Se
REVIEW TIME / DATE: q jj- I jo g o q — `0 Q.
_ EMAIL: Kito5 (p cam caJ/'its
PHONE: 703 - q-?? - 02a-8
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fi:
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an of -site location at expense. our a Large P lap copies needed should be attached on top of the file. Allways Graphics
Y xP
can be contacted to set up payment options Rotten questtons*iA'be left - this C pteted fq -and'a staff
7. In accordance with General Statue 25-3-512, a $25.00 processing fee will be charged and collected for checks on which
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FACILITY NAIy1E COUNTY
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1r1�,1 s r I Ja b S: i0 03 Tk-"
,wwl i�F a pf FirmiBusrness D g Ip AMP out
COPIES MADE PAID INVOICE
G:/ADN /Shared/File Review Access Form rev 2018

STATE OF NORTH CAROLINA, Department of Environmental Quality,
127 Cardinal Drive Extension, Wilmington, North Carolina 28405 [phone]
FILE ACCESS RECORD
DEQ SECTION: DEMLR/Stormwater REVIEW TIME / DATE: 1:00pm-2:00pm / February 11, 2019
NAME: Rick Moore EMAIL: RAMooreAmckimcreed.com
REPRESENTING: Self PHONE: [phone]
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4:45pm. Anyone arriving without an appointment may view the files to the extent that time and staff supervision
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Payment may be made by check, money order, or cash at the reception desk.
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FACILITY NAME COUNTY
1. SW8 140211 Helms Port formerly Emmarts Landing New Hanover
4.
5.
Signatuie and Name of Firm/Business Date D/YY Time In Time Out
COPIES MADE C� PAID INVOICE
GJADM/Shared/File Review Access Form rev 2018