SW8060725_COMPLIANCE_20140411

PERMIT NO.
DOC TYPE
STORMWATER DIVISION CODING SHEET
POST -CONSTRUCTION PERMITS
sw�p(Z7�
❑ CURRENT PERMIT
❑ APPROVED PLANS
'ECTION

Compliance Inspection Report
Permit: SW8060725 Effective: 10/13/06 Expiration: 10/13/20 Owner: Magnolia Trace Townhomes LLC
Project: Magnolia Trace Townhomes
County: New Hanover Carolina Beach Rd
Region: Wilmington
Wilmington NC 28412'
Contact Person: Clifford Schwenker Title: Manager Phone: [phone]
Directions to Project:
From Monkey Junction in Wilmington, take Carolina Beach Road approx. 2 miles towards downtown and site is on the right.
Type of Project: State Stormwater - HD - Detention Pond
Drain Areas: 1 - (Mott Creek (Todds Creek)) (03-06-17) ( C;Sw)
On -Site Representative(s):
Related Permits:
Inspection Date: 04111/2014 Entry Time: 10:30 AM Exit Time: 11:30 AM
Primary Inspector: Christopher Baker Phone:
Secondary Inspector(s):
Reason for Inspection: Follow-up Inspection Type: Compliance Evaluation
Permit Inspection Type: State Stormwater
Facility Status: ❑ Compliant ■ Not Compliant
Question Areas:
0 State Stormwater
(See attachment summary)
Page: 1

Permit: 5W8060725 Owner - Project: Magnolia Trace Townhomes LLC
Inspection Date: 04111/2014 Inspection Type: Compliance Evaluation Reason for Visit: Follow-up
Inspection Summary:
SW Measures
Yes No
NA
NE
Are the SW measures constructed as per the approved plans?
Q Q
Q
Q
Are the inlets located per the approved plans?
0 0
0
Are the outlet structures located per the approved plans?
■
Comment: Downspouts are not directed to the stormwater pond
)peration and Maintenance Yes No NA NE
Are the SW measures being maintained and operated as per the permit requirements? Q W ❑
El
Are the SW BMP inspection and maintenance records complete and available for review or provided to DWQ ❑ Cl ■
upon request?
Comment: Meet wl engineer and owner to discuss corrective actions
Page: 2

Lq Mil
North Carolina Department of Environment and Natural Resources
Pat McCrory
Governor
July 29, 2015
Magnolia Trace, LLC
c/o: Robinson 0. Everett, Jr., Manager
2812 Erwin Road, #205
Durham, NC 27705
Subject: NOTICE OF CONTINUING DEFICIENCY
NOD 2014-PC-0076
Magnolia Trace Townhomes 1 South College Associates, LLC
Stormwater Permit No. SW8 060725
New Hanover County
Dear Mr. Everette:
Donald van der Vaart
Secretary
On July 28, 2015, staff from the Wilmington Regional Office of the Division of Energy, Mineral and Land
Resources (DEMLR) inspected Magnolia Trace Townhomes in New Hanover County to determine
compliance with Stormwater Management Permit Number SW8 060725 issued on October 13, 2006.
DEMLR file review and site inspection revealed that the site was not in compliance with the terms and
conditions of this permit. However, most of the deficient issues described in the previous inspection of
June 10, 2015 have been resolved. The remaining issues that were found, which require action in
order to bring the project into compliance, are as follows:
1. Erosion has created a gully in the roadside ditch. This should be repaired with soil and riprap or
equal measure.
2. Grass should be planted on the pond banks as soon as possible to prevent future erosion.
Please inform this Office in writing before August 28, 2015, of the specific actions that will be
undertaken and the time frame that will be required to correct the deficiencies. Failure to provide the
requested information, or to respond to this letter by the due date, may initiate enforcement action
including the assessment of civil penalties of up to $25,000 per day. If a written plan of action is not
submitted to this office by July 14, 2015 then DEMLR staff will re -inspect the site and issue a Notice of
Violation if the listed deficiencies have not been addressed.
Please be reminded that if an ownership change, or a name change or a mailing address change has
occurred, it is your responsibility to submit a completed and signed Name/Ownership Change form to
the Division. Please include the name, mailing address and phone number of the party who is now
responsible for this permit. If you have any questions, please contact Steve Pusey at the Wilmington
Regional Office, telephone number [phone].
Sincerely,
.c�
Steve Pusey
Environmental Engineer
GDSlsgp: G:IWQMStormwater\Permits & Projects120061060725 HD12015 07 NOD 060725
cc: Gary Pape, GSP Consulting, PLLC
Nick Garner, Coastal Carolina Resources
2921 Blue Clay Road, Castle Hayne, NC 28429
WiRO Stormwater File
Division of Energy, Mineral, and Land Resources
Land Quality Section - Wilmington Regional Office
127 Cardinal Drive Extension, Wilmington, North Carolina 28405
(910) 796-72151 Fax: [phone] • Internet: httpJ/portal.ncdenr.org/web/Ir/

Compliance Inspection Report
Permit:
SW8060725 Effective:10/13/O6
Project:
Magnolia Trace Townhomes
Owner:
Magnolia Trace Townhomes LLC
County:
New Hanover
Region:
Wilmington
Expiration: 10/13/20
Adress: Carolina Beach Rd
City/State/Zip: Wilmington NC 28412
Contact Person: Clifford Schwenker Title: Manager Phone: [phone]
Directions to Project:
From Monkey Junction in Wilmington, take Carolina Beach Road approx. 2 miles towards downtown and site is on the right.
Type of Project: State Stormwater - HD - Detention Pond
Drain Areas: 1 - (Mott Creek (TOdds Creek)) (03-06-17) (C;Sw)
On -Site Representative(s):
Related Permits:
Inspection Date: 07/28/2015 Entry Time: 01:30PM
Primary Inspector: Steven G Pusey
Secondary Inspector(s):
Reason for Inspection: Follow-up
Permit Inspection Type: State Stormwater
Facility Status: ❑ Compliant Not Compliant
Question Areas:
® State Stormwater
(See attachment summary)
Exit Time: 02:30PM
Phone:
Inspection Type: Transfer Renewal
page: 1

Permit: SW8050725 Owner - Project: Magnolia Trace Townhomes LLC
Inspection Date: 07/2812015 Inspection Type Transfer Renewal Reason for Visit: Follow-up
Inspection Summary:
The following actions need to be taken to bring this project into compliance:
1. Repair erosion in ditch from outlet pipe via soil & riprap or equal measure.
2. Grass should be planted on pond banks as soon as possible to prevent erosion in future.
File Review Yes No NA NE
Is the permit active? 12 ❑ ❑ ❑
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:
Operation and Maintenance Yes No NA NE
Are the SW measures being maintained and operated as per the permit requirements? ❑ EM ❑ ❑
Are the 5W BMP inspection and maintenance records complete and available for review or provided to ❑ ❑ ❑
DWO upon request?
Comment: 1. Erosion has created a gully in the roadside ditch. This should be repaired with soil and 6prap, or
equal measure.
2. Grass should be planted on pond banks as soon as possible to prevent erosion.
page: 2

AI
MCDENR
North Carolina Department of Environment and Natural Resources
Pat McCrory
Governor
June 12, 2015
Magnolia Trace, LLC
c/o: Robinson 0. Everett, Jr., Manager
2812 Erwin Road, #205
Durham, NC 27705
Subject: NOTICE OF CONTINUING DEFICIENCY
NOD 2014-PC-0076
Magnolia Trace Townhomes 1 South College Associates, LLC
Stormwater Permit No. SW8 060725
New Hanover County
Dear Mr. Everette:
4,
Donald van der Vaart
Secretary
On March 28, 2014, Chris. Baker of the Wilmington Regional Office of the Division of Energy, Mineral
and Land Resources (DEMLR) inspected Magnolia Trace Townhomes in New Hanover County to
determine compliance with Stormwater Management Permit Number SW8 060725 issued on October
13, 2006. DEMLR file review and site inspection revealed that the site was not in compliance with the
terms and conditions of this permit. The original letter was sent on April 1, 2014 and included a copy of
the form entitled "Compliance Inspection Report" which summarized the findings of the inspection. I
sent a follow-up NOD letter on January 6, 2015 restating the deficiencies. On February 9, 2015, we
received your formal Response to our Notice of Deficiency. You stated in your letter that the excess
sediment had been removed from the pond and that the outlet structure had been cleaned of debris
(items 3 & 4 of the previous inspection report). Most recently, on June 10, 2015, 1 performed a site
inspection with Nick Garner and we discussed the issues.
As indicated in the attached inspection report, the following actions are required in order to bring this
project into compliance-
1 . Overgrown vegetation on the pond slopes and in the pond needs to be removed. Side slopes
should be re -seeded with grass and maintained at a height no greater than 6".
2. Remove or replace the fountain sump pump in the pond, if applicable. A fountain may only be
operated in accordance with the design criteria stated in section 11.5 of the permit.
3. Locate junction boxes for inlet pipes behind townhomes and connect the gutter downspouts to
them via piping so that roof runoff is directed to the forebay.
4. Submit a designer's certification; reference pages 6 and 7 of permit for a template form
Please inform this Office in writing before July 14, 2015, of the specific actions that will be undertaken
and the time frame that will be required to correct the deficiencies. Failure to provide the requested
information, or to respond to this fetter by the due date, may initiate enforcement action including the
assessment of civil penalties of up to $25,000 per day. If a written plan of action is not submitted to this
office by July 14, 2015 then DEMLR staff will re -inspect the site and issue a Notice of Violation if the
listed deficiencies have not been addressed.
Division of Energy, Mineral, and Land Resources
Land Quality Section - Wilmington Regional Office
127 Cardinal Drive Extension, Wilmington, North Carolina 28405
(910) 796-72151 Fax: [phone] • Internet: http://Portal.ncdenr,org/web/Ir/

Mr. Robinson Q. Everett
June 12, 2015
Please be reminded that if an ownership change, or a name change or a mailing address change has
occurred, it is your responsibility to submit a completed and signed Name/Ownership Change form to
the Division. Please include the name, mailing address and phone number of the party who is now
responsible for this permit. If you have any questions, please contact Steve Pusey at the Wilmington
Regional Office, telephone number [phone].
Sincerely,
Steve Pusey
Environmental Engineer
I DS/sgp: G:1WQ111Stormwater\Permits & Projects120061060725 HD12015 06'NOD 060725
M. Gary Pape, GSP Consulting, PLLC
Nick Garner, Coastal Carolina Resources
2921 Blue Clay Road, Castle Hayne, NC 28429
WiRO-Starmwater Eiie}
Page 2 of 2

Compliance Inspection Report
Permit: SW8060725• Effective:10113/06 Expiration: 10/13/20
Project: Magnolia Trace Townhomes
Owner: Magnolia Trace Townhomes LLC
County: New Hanover Adress: Carolina Beach Rd
Region: Wilmington
City/State12ip: Wilmington NC 28412
Contact Person: Clifford Schwenker Title: Manager Phone: [phone]
Directions to Project:
From Monkey Junction in Wilmington, take Carolina Beach Road approx. 2 miles towards downtown and site is on the right.
Type of Project: State Stormwater - HD - Detention Pond
Drain Areas: 1 - (Mott Creek (Todds Creek)) (D3-06-17) ( C;Sw)
On -Site Representative(s):
Related Permits:
Inspection Date: 06/1012015 Entry Time: 09:OOAM
Primary Inspector: Steven G Pusey
Secondary Inspector(s):
Reason for Inspection: Follow-up
Permit Inspection Type: State Stormwater
Facility Status: ❑ Compliant 9 Not Compliant
Question Areas:
in State Stormwater
(See attachment summary)
Exit Time: 10:30AM
Phone:
Inspection Type: Transfer Renewal
page: 1

Permit: SW8060725 Owner - Project: Magnolia Trace Townhomes LLC
Inspection Date: 06/10/2015 Inspection Type Transfer Renewal Reason for Visit: Follow-up
Inspection Summary:
The following actions are required in order to bring this project into compliance:
1. Overgrown vegetation on the pond slopes and in the pond needs to be removed. Side slopes should be re -seeded with
grass and maintained at a height no greater than 6".
2. Remove or replace the fountain sump pump in the pond, if applicable. A fountain may only be operated in accordance
with the design criteria stated in section 11.5 of the permit.
3. Locate junction boxes for inlet pipes behind townhomes and connect the gutter downspouts to them via piping so that
roof runoff is directed to the forebay.
4. Submit a designers certification; reference pages 6 and 7 of permit for a template form.
File Review Yes No NA NE
Is the permit active? ® ❑ ❑ ❑
Signed copy of the Engineer's certification is in the file? ❑ IM ❑ ❑
Signed copy of the Operation & Maintenance Agreement is in the file? ® ❑ ❑ ❑
Copy of the recorded deed restrictions is in the file? ❑ ❑ ® ❑
Comment: Once the maintenance work is complete, please submit a designers certification.
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? 9 ❑ ❑ ❑
Comment:
Operation and Maintenance Yes No NA NE
Are the SW measures being maintained and operated as per the permit requirements? ❑ 0 ❑ ❑
Are the SW BMP inspection and maintenance records complete and available for review or provided to ❑ ❑ ® ❑
DWQ upon request?
Comment: 1. Vegetation along pond slopes and in the pond are overgrown.
2. There is a sump pump in the pond (to be used as a spray fountain) which draws water from the
bottom of the pond.
_._Downspouts In the rear of the Townhomes are not routed to thepond for treatment.
.._..._,_...--._ ,_..,_.—
page: 2

COASTAL CAROLINA Magnolia Trace 7/23/2015
►RESOURCE GROUPIHC Downspout Drain Pipe Layout
.--ea. P.+a I - -it .1 I nun. • .. ..

COASTAL CAROLINA
qt►RESOURCE GROUPK
Project Name: Magnolia Trace Townhornes
Pond Number: 1
SW Permit : SW8 060725
Date: 7/21/2015
Stormwater Detention Pond
Depth Inspection Report
Design Parameters
Forebay NWL Depth: 7S% Sed. Depth:
Pond NWL Depth: 7S% Sed. Depth:
Field Data Notes
Water level: (+)0.4' In relation to orifice invert
*Note: all water depths are based on orifice invert level
321 3.01 3.5' 3.6'
4.0'
4.7 "
3.0'
4.4' S.1" 3.5' 4_6'
4.1' 4.7'
4.2 `
5.0"
3.0'
3.8"
2.4
4.5'
3.9'
3 . S `
4 .n'
3.0'
3.5'
4.6'
13
3.9'
3.4'
4.5'
3.2 '

4

A
NCDENR
North Carolina Department of Environment and Natural Resources
Pat McCrory Donald van der Vaart
Governor Secretary
August 13, 2015
Magnolia Trace, LLC
c/o- Robinson O. Everett, Jr.
2812 Erwin Road, #205
Durham, NC 27705
Subject: Notice of Inspection — Compliant
Magnolia Trace Townhomes
State Stormwater Management Permit No. SW8 060725
New Hanover County
Dear Mr. Everette:
On August 12, 2015, staff from the Wilmington Regional Office of the Division of Energy, Mineral and
Land Resources (DEMLR) inspected Magnolia Trace Townhomes, in New Hanover County to
determine the status of compliance with the State Stormwater Management Permit Number SW8
060725 issued on October 13, 2006, and as modified thereafter. DEMLR file review and site inspection
revealed that the site is now compliant with the terms and conditions of this permit. However one
administrative item, the transfer of the permit, still must be completed. Please find a copy of the.
completed form entitled "Compliance Inspection Report" attached to this letter, which summarizes the
findings of the recent site inspection.
Since this property was acquired under a foreclosure it is likely that the original permittee is unavailable
to sign a transfer application to transfer the permit to your LLC. However, Session Law 2013-121,
allows DEMLR to transfer a permit to a successor -owner of the property when the original property
owner is unwilling or unable to agree to the permit transfer. Therefore, I have enclosed a copy of the
transfer application. Please fill in all information related to the proposed permittee and submit legal
documentation with the application, such as a deed, showing that you now own the property. This form
is also available on our website at: http://pQrtal.ncdenr.o[q/web/Ir/state-stormwater-forms flocs.
In our review of our files we noticed that you are the registered agent for Magnolia Trace, LLC and
South College Associates, LLC. Please let us know which of these LLCs' you have chosen to be listed
on this permit.
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,
tev�` sov
G. Puse
Environmental Engineer
Encls� Compliance Inspection Report,
Ownership Change Form/PermitTransfer Application
GDSlsgp: 111Stormwater\Permits & Projects120061060725 HD12015 08 CEI_compliant 060725
cc: Garry Pape, GSP Consulting, PLLC
Nick Garner, Coastal Carolina Resources
2921 Blue Clay Road, Castle Hayne, NC 28429
WiRO Stormwater File
Division of Energy, Mineral, and Land Resources
Land Quality Section —Wilmington Regional Office
127 Cardinal Drive Extension, Wilmington, North Carolina 28405
(910) 796-72151 Fax: [phone] • Internet: http:/Iportal.ncdeni.org/web/Ir/

r
Compliance Inspection Report
Permit: SW8060725 Effective:10/13106 Expiration: 10/13/20
Project: Magnolia Trace Townhomes
Owner: Magnolia Trace Townhomes LLC
County: New Hanover Adress: Carolina Beach Rd
Region: Wilmington
City/State/Zip: Wilmington INC 28412
Contact Person: Clifford Schwenker Title: Manager Phone: [phone]
Directions to Project:
From Monkey Junction in Wilmington, take Carolina Beach Road approx. 2 miles towards downtown and site is on the right.
Type of Project: State Stormwater - HD - Detention Pond
Drain Areas: 1 - (Mott Creek (Todds Creek)) (03-06-17) ( C;Sw)
On -Site Representative(s):
Related Permits:
Inspection Date: 08/12/2015 Entry Time: 02:OOPM
Primary Inspector: Steven G Pusey
Secondary Inspector(s):
Reason for Inspection: Follow-up
Permit Inspection Type: State Stormwater
Facility Status: ® Compliant ❑ Not Compliant
Question Areas:
IM State Stormwater
(See attachment summary)
Exit Time: 02:30PM
Phone:
a
Inspection Type: Transfer Renewal
0
page: 1

Permit: SW8060725 Owner - Project: Magnolia Trace Townhomes LLC
Inspection Dale: 0811212015 Inspection Type Transfer Renewal Reason for Visit: Follow-up
inspection Summary:
All maintenance has been accomplished. This site meets the minimum criteria for compliance with the permit
File Review Yes No NA NE
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 Yes No NA NE
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? M ❑ ❑ ❑
Comment: Not fully built -out vet.
SW Measures Yes No NA NE
Are the SW measures constructed as per the approved plans? ® ❑ ❑ ❑
Are the inlets located per the approved plans? 9M ❑ ❑ ❑
Are the outlet structures located per the approved plans? ® ❑ ❑ ❑
Comment:
Operation and Maintenance Yes No NA NE
Are the SW measures being maintained and operated as per the permit requirements? IN ❑ ❑ ❑
Are the SW BMP inspection and maintenance records complete and available for review or provided to ❑ ❑ ❑
DWQ upon request?.
Comment:
page: 2

I
Magnolia Trace LLC
• 2812 Erwin Rd., #205
Durham, NC 27705
robQteamapartments.co
l
M]apoha Trace LLC
February 4, 2015
North Carolina Department of Environment and Natural Resources
Georgette Scott, State Stormwater Supervisor
c/o Steve Pusev
Land Quality Section — Wilmington Regional Office
127 Cardinal Drive Extension
Wilmington, NC 28405
SUBJECT: Response to Notice of Deficiency
NOD 2014-PC-0076
Magnolia Trace Townhomes
Stormwater Permit No. SWS 060725
New Hanover County
48124828 Sebastian Lane
Lots I-45, 47-50
Wilmington, NC 28412
[phone] (Company main)
[phone] (Office direct)
Dear NC DENR:
We treeeived Notice dated January 6, 2015 and are responding herewith specific actions taken and
time frame required to correct the deficiencies.
We contracted with Jones Landscaping to mow/cut the site, item #2, work completed today. See
attached photos. Jones will finish cleaning the pond, including removing excessive sediment, items
4344, on their next regularly scheduled site visit in February.
We are bidding the remainder of the work, items #546, and have already obtained multiple bids.
See, as example, attached bid from Landmark. It seems very likely that the work will be awarded to
Under Pressure Irrigation LLC ("UPI"), which has a Wilmington office. UPI manager/owner Scott
Pindell estimates he can complete the work in the next 2-3 weeks.
We have been steadfast in updating engineer Garry Pape on the progress (Garry has met on site with
several estimators, though work has been not completed to date for various reasons outside our
control). Garry is carbon copied here. Garry is prepared to certify the work upon completion.
Please note also the following ownership/name change:
Magnolia Trace LLC
c/o Robinson Everett Jr. (no "e" at end of Everett ;)
2812 Erwin Road, #205
Durham, NC 27705
. . 0 0 . . . . . . . . . . . . . . . . . . . . . . . .

February 4, 20I5
Page 2
Please confirm by email receipt and sufficiency of this response. My email is
roteama artmert .com.
Of course, please do not hesitate to contact me with any questions or concerns. My direct phone is
919-267-2727.
Kind regards,
Robinson Everett Jr.
Manager
Magnolia Trace, LLC
CC: Garry Pape
David Syster
Enc: Photos (2)
Notice of Deficiency
Estimation of Work (Landmark)

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Rob Everett
From: David Syster [[e-mail]]
Sent: Wednesday, February 04, 2015 10:24 AM
To: Rob Everett
Subject: Magnolia Trace
Attachments: Mag Trace-NCDENR Compliance.xls
•..
Attached is an updated quote from Landmark for the work at Magnolia Trace. I had them remove the borings
and add in pond maintenance. They also spoke with Garry and he provided cost to certify the pond once they
have cleaned it up.
I have a lunch meeting downtown at noon but would like to catch up with you this afternoon if possible?
Thanks and hope you are doing well,
David A. Syster
President
Southern Environmental Group, Inc.
5315 South College Road Suite E
K Wilmington, North Carolina 28412
Phone: [phone]
Fax:[phone]
Mobile: [phone]

Magnolia Trace-NCDENR Compliance
!�L°�' •s'' � i � �i tl� t•� � � r fwJ P
DESCRIPTION
QUANTITY UNITS UNIT PRICE
XTD PRICE
MOBILIZATION
1.00 LS
$1.000.00
$1,000.00
MOWING POND
1.00 EA
$1.000.00
$1,000.00
REGRADEISLOPE AND RESHAPE POND
500.00 CY
515.00
$7,500.00
HAUL AWAY CLEARING DEBRIS
4.00 LOADS
S250.00
$1,000.00
INSTALL RIP RAP AT FOREBOY TO BRING IT TO ELEVATION 19.00 AND 19.50
35.00 TONS
$100.00
S3,500.00
CLEAN UP AND RESEED POND
1.00 EA
S2,500.00
$2,500.00
6" ROOF DRAINS
114.00 LF
$28.00
$3192.00
ROOF DRAIN CONNECTIONS
8.00 EA
$300.00
S2 400.00
AS BUILTS OF THE POND FOR CERTIFICATION
1.00 EA
S2,000.00
S2,000.00
ENGINEER CERTIFICATION
1.00 EA
$750.00
S750.00
FIX WASHOUT AT BOX 99 AND ADD ABC STONE. INSTALL GRATE ON BOX #10
1,00 LS
S1,000.00
$1,000,00
SUBTOTAL
$25,842.00
GRAND TOTAL $25,842.00
2J4/2015

AkTI-WA
NCDENR
North Carolina Department of Environment and Natural Resources
Pat McCrory
Governor
January 6, 2015
Robinson O. Everette, Jr., Manager
EEE Apartment Management
2716-D Campus Walk Ave.
Durham, NC 27705
Subject: NOTICE OF DEFICIENCY Re -Submittal
NOD 2014-PC-0076
Magnolia Trace Townhomes / South College Associates, LLC
Stonnwater Permit No. SW8 060725
New Hanover County
Dear Mr. Everette:
Donald van der Vaart
Secretary
On March 28, 2014, Chris Baker of the Wilmington Regional Office of the Division of Energy, Mineral
and Land Resources (DEMLR) inspected Magnolia Trace Townhomes in New Hanover County to
determine compliance with Stormwater Management Permit Number SW8 060725 issued on October
13, 2006. DEMLR file review and site inspection revealed that the site is not in compliance with the
terms and conditions of this permit. The original letter was sent on April 1, 2014 and included a copy of
the form entitled "Compliance Inspection Report which summarized the findings of the inspection. We
received a "Return to Sender" notification on 4/6/14 so I am not sure if you have read this letter which
was sent to the previous address of South College Associates, LLC. To date, we have not received a
response. There was some correspondence by email with Mr. Larry McBennett on March 27, 2014
about how to gather information on the permit.
As indicated in the attached inspection report, the following deficiencies must be resolved:
1. Please submit a "Designer's Certification", page 6 of 7 of the permit.
2. The pond side slopes and areas within the pond are overgrown. Have the overgrown
mowed/cut as per item 11.3.c of the permit.
3. Remove the excessive sediment from the stormwater pond to the design elevation as shown on
the plans and in the permit per section 11.3.b of the permit.
4. Remove material clogging the outlet structure per section 11.3.E of the permit.
5. A sump pump is located near the outlet structure of the pond and appears to be used for a
fountain. A fountain may be operated within the stormwater pond only if they meet the criteria
spelled out in section 11.5 of the permit.
6. Downspouts along the back side of the existing townhomes are directed away from the
stormwater pond and are not collected and treated prior to release. Section 1.5 of the permit
requires all impervious surfaces to be collected and directed to the stormwater pond prior to
release.
Please inform this Office in writing before February 6, 2015, of the specific actions that will be
undertaken and the time frame that will be required to correct the deficiencies. Failure to provide the
requested information, or to respond to this letter by the due date,* may initiate enforcement action
including the assessment of civil penalties of up to $25,000 per day. If a written plan of action is not
submitted to this office by March 2, 2015 then DEMLR staff will re -inspect the site and issue a Notice of
Violation if the listed deficiencies have not been addressed.
Division of Energy, Mineral, and Land Resources
Land Quality Section — Wilmington Regional Office
127 Cardinal Drive Extension, Wilmington, north Carolina 28405 - [phone] / Fax: [phone]

Mr. Robinson Q. Everette, Jr.
January 6. 2014
Please be reminded that if an ownership change, or a name change or a mailing 'address change has
occurred, it is your responsibility to submit a completed and signed Name/Ownership Change form to
the Division. Please include the name, mailing address and phone number of the party who is now
responsible for this permit. If you have any questions, please contact Steve Pusey at the Wilmington
Regional Office, telephone number [phone].
Sin rely, - R
i eorgette Scott
State Stormwater Supervisor
GDS/sgp: G:1WQ111Stormwater\Permits & Projects120061060725 HD12015 01 NOD 060725
M. La.rry,wMcBennett, Attorney c/o Martha Kelly
WiRO`Stormwater Fife
Page 2'of 2

Compliance Inspection Report
Permit: SW8060725 Effective: 10/13/06 Expiration: 10/13/20 Owner: Sass & Schwenker LLC
Project: Magnolia Trace Townhomes
County: New Hanover Carolina Beach Rd
Region: Wilmington
Wilmington NC 28412
Contact Person: Garry S Pape Title: Phone: [phone]
Directions to Project:
From Monkey Junction in Wilmington, take Carolina Beach Road approx. 2 miles towards downtown and site is on the right.
Type of Project: State Stormwater - HD - Detention Pond
Drain Areas: - 1 -(Mott Creels (Todds Creek)) (03-06-17 ) ( C;Sw)
On -Site Representative(s):
Related Permits:
Inspection Date: 0312=014 Entry Time: 10:00 AM Exit Time: 10:30 AM
Primary Inspector. Christopher Baker Phone:
secondary Inspector(s):
Reason for Inspection: Complaint Inspection Type: Compliance Evaluation
Permit Inspection Type: State Stormwater
Facility Status: ❑ Compliant ■ Not Compliant
Question Areas:
® State Stormwater
(See attachment summary)
Page: 1

Permit SWBO60726 Owner - Project: Sass & Schwenker LLC
Inspection pate: 03@8I2014 Inspection Type: Compllance Evaluation Reason for Visit: Complaint
Inspection Summary:
File Review Yes No NA NE
Is the permit active? ■ ❑ ❑ Cl
Signed copy of the Engineer's certification is in the file? (3■ ❑ ❑
Signed copy of the Operation & Maintenance Agreement Is in the file? ■ ❑ ❑ ❑
Copy of the recorded deed restrictions is In the file? ❑ ❑ ■ ❑
Comment: The stormwater pond is constructed but has not been certified.
SW Measures Yes No NA HE
Are the SW measures constructed as per the approved plans? ■ ❑ ❑ ❑
Are the Inlets located per the approved plans? 00013
Are the outlet structures located per the approved plans? 0 ❑ ❑ ❑
Comment:
Operation and Maintenance Yes No NA NE
Are the SW measures being maintained and operated as per the permit requirements? ❑ ■ ❑ ❑
Are the SW BMP inspection and maintenance records complete and available for review or provided to DWO ❑ ❑ ■ ❑
upon request?
Comment: 1) Vegetation along pond slopes and within the pond are overgrown.
2) The outlet structure is clogged and the pond cannot draw down.
3) Excessive sediment in the pond.
4) A sump pump is in the pond and appears to be used for a spray fountain. The sump
pump draws from the bottem of the pond.
5) Downspouts in the rear of the townhomes are not routed to the stormwater pond for
treatment.
Page: 2

NCDENIR
North Carolina Department of Environment and Natural Resources
Pat McCrory Donald van der Vaart
Governor Secretary
January 6, 2015
Robinson O. Everett (, Jr., Manager
EEE Apartment Marfagement
2716-D Campus Walk Ave.
Durham, NC 27705.
Subject: NOTICE OF DEFICIENCY Re -Submittal
NOD 2014-PC-0076
Magnolia Trace Townhomes 1 South College Associates, LLC
Stormwater Permit No. SW8 060725
New Hanover County
Dear Mr. Everette:
On March 28, 2014, Chris Baker of the Wilmington Regional Office of the Division of Energy, Mineral
and Land Resources (DEMLR) inspected Magnolia Trace Townhomes in New Hanover County to
determine compliance with Stormwater Management Permit Number SW8 060725 issued on October
13, 2006. DEMLR file review and site inspection revealed that the site is not in compliance with the
terms and conditions of this permit. The original letter was sent on April 1, 2014 and included a copy of
the form entitled "Compliance Inspection Report which summarized the findings of the inspection. We
received a "Return to Sender" notification on 4/6/14 so I am not sure if you have read this letter which
was sent to the previous address of South College Associates, LLC. To date, we have not received a
response. There was some correspondence by email with Mr. Larry McBennett on March 27, 2014
about how to gather information on the permit.
As indicated in the attached inspection report, the following deficiencies must be resolved:
1. Please submit a "Designer's Certification", page 6 of 7 of the permit.
2. The pond side slopes and areas within the pond are overgrown. Have the overgrown
mowed/cut as per item 11.3.c of the permit.
3. Remove the excessive sediment from the stormwater pond to the design elevation as shown on
the plans and in the permit per section 11.3.b of the permit.
4. Remove material clogging the outlet structure per section 11.3.f of the permit.
A sump pump is located near the outlet structure of the pond and appears to be used for a
fountain. A fountain may be operated within the stormwater pond only if they meet the criteria
spelled out in section 11.5 of the permit.
6. Downspouts along the back side of the existing townhomes are directed away from the
stormwater pond and are not collected and treated prior to release. Section 1.5 of the permit
requires all impervious surfaces to be collected and directed to the stormwater pond prior to
release.
Please inform this Office in writing before February 6, 2015, of the specific actions that will be
undertaken and the time frame that will be required to correct the deficiencies. Failure to provide the
requested information, or to respond to this letter by the due date, may initiate enforcement action
including the assessment of civil penalties of up to $25,000 per day. If a written plan of action is not
submitted to this office by March 2, 2015 then DEMLR staff will re -inspect the site and issue a Notice of
Violation if the listed deficiencies have not been addressed.
Division of Energy, Mineral, and Land Resources
Land Quality Section — Wilmington Regional Office
127 Cardinal Drive Extension, Wilmington, North Carolina 28405 • (910) 796-72151 Fax: [phone]

Mr. Robinson O. Everette, Jr.
January 6, 2014
Please be reminded that if an ownership change, or a name change or a mailing address change has
occurred, it is your responsibility to submit a completed and signed Name/Ownership Change form to
the Division. Please include the name, mailing address and phone number of the party who is now
responsible for this permit. If you have any questions, please contact Steve Pusey at the Wilmington
Regional Office, telephone number [phone].
Sinc rely,
eorgette Scott
State Stormwater Supervisor
GDSlsgp: G;1WQ111Stormwater\Permits & Projects120061060725 HD12015 01 NOD 060725
cc: Larry McBennett, Attorney c/o Martha Kelly
WiRO Stormwater File
Page 2of2

Compliance Inspection Report
Permit: SW8060725 Effective: 10/13/06 Expiration: 10/13/20 Owner: Sass & Schwenker LLC
Project: Magnolia Trace Townhomes
County: New Hanover Carolina Beach Rd
Region: Wilmington
Wilmington NC 28412
Contact Person: Garry S Pape Title: Phone: [phone]
Directions to Project:
From Monkey Junction in Wilmington, take Carolina Beach Road approx. 2 miles towards downtown and site is on the right.
Type of Project: State Stormwater - HD - Detention Pond
Drain Areas: 1 - (Mott Creek (Todds Creek)) (03-06-17) ( C;Sw)
On -Site Representative(s):
Related Permits:
Inspection Date: 03/2812014 EntryTime: 10:00 AM Exit Time: 10:30 AM
Primary Inspector: Christopher Baker Phone:
Secondary Inspector(s):
Reason for Inspection: Complaint Inspection Type: Compliance Evaluation
Permit Inspection Type: State Stormwater
Facility Status: ❑ Compliant ■ Not Compliant
Question Areas:
® State Stormwater
(See attachment summary)
Page: 1

Permit: SW8060725 Owner - Project: Sass & Schwenker LLC
Inspection Date: 03/28/2014 Inspection Type: Compliance Evaluation Reason for Visit: Complaint
Inspection Summary:
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: The stormwater pond is constructed but has not been certified.
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?
Yes No NA NE
®❑ ❑ ❑
❑ ® ❑ ❑
is❑❑❑
❑ ❑ i ❑
Yes No NA NE
Comment:
Operation and Maintenance Yes No NA NE
Are the SW measures being maintained and operated as per the permit requirements? ❑ ■ ❑ ❑
Are the SW BMP inspection and maintenance records complete and available for review or provided to DWQ ❑ ❑ ® ❑
upon request?
Comment: 1) Vegetation along pond slopes and within the pond are overgrown.
2) The outlet structure is clogged and the pond cannot draw down.
3) Excessive sediment in the pond.
4) A sump pump is in the pond and appears to be used for a spray fountain. The sump
pump draws from the bottem of the pond.
5) Downspouts in the rear of the townhomes are not routed to the stormwater pond for
treatment.
Page: 2

ome
dop
SM
910- y58 -$Sbb

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NC DENR-DEMLR
Stormwater Section
127 Cardinal Drive Extension
Wilmington, NC 28405
10p 5 ART"
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02 1 R $ 00.480
0002007159 APR02 '21014
MAILED FROM ZIP CODE 28405
Robinson 0. Everette, Jr., Manager
South College Associates, LLC
2812 Erwin Road. Suite 205
Durham, NCA,N1X1E _.Z76 .€3E. 1009 . a:0'004f 136j-1.4
RE -TURN T6 SENDER
INSUP=I.CIENT ADDRESS
UNABLE TO FORWARD
BC: 2840S540627 *228.0-04ZIS-02-41
TOMFfOfRd6C-O;ll�kl'Iillfll!!!lklilili!!l���l,lkl�!!!!�!1!!lII11!!11lkt!!ltill�

'T'AwA
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Energy, Mineral, and Land Resources
Stormwater Section
Pat McCrory, Governor John E. Skvarla, III, Secretary
April 1, 2014
Robinson O. Everette, Jr., Manager
South College Associates, LLC
2812 Erwin Suite 205
Durham, NC 27705
Subject: NOTICE OF DEFICIENCY
NOD 2014-PC-0076
Magnolia Trace Townhomes
Stdrmwater Permit No. SW8 060725
New Hanover County
Dear Mr. Everette:
On March 28, Chris Baker of the Wilmington Regional Office of the Division of Energy, Mineral
and Land Resources (DEMLR) inspected magnolia Trace Townhomes in New Hanover County
to determine compliance with Stormwater Management Permit Number SW8 060725 issued on
October 13, 2006. DEMLR file review and site inspection revealed that the site is not in
compliance with the terms and conditions of this permit. Please find a copy of the completed
form entitled "Compliance Inspection Report" attached to this letter, which summarizes the
findings of the recent inspection.
As indicated in the attached inspection report, the following deficiencies must be resolved:
r ' 10. Please submit a "Designer's Certification", page 6 of 7 of the permit.
2. The pond side slopes and areas within the pond are overgrown. Have the overgrown
mowed/cut as per item 11.3.c of the permit.
3. Remove the excessive sediment from the stormwater pond to the design elevation as
. shown on the plans and in the permit per section 11.3.b of the permit.
4. Remove material clogging the outlet structure per section 11.3.f of the permit.
5. A sump pump is located near the outlet structure of the pond and appears to be used for
a fountain. A fountain may be operated within the stormwater pond only if they meet the
criteria spelled out in section 11.5 of the permit.
6. Downspouts along the back side of the existing townhomes are directed away from the
stormwater pond and are not collected and treated prior to release. Section 1.5 of the
permit requires all impervious surfaces to be collected and directed to the stormwater
pond prior to release.
Please inform this Office in writing before May 2, 2014, of the specific actions that will be
undertaken and the time frame that will be required to correct the deficiencies. Failure to provide
the requested information, or to respond to this letter by the due date, may initiate enforcement
action including the assessment of civil penalties of up to $25,000 per day. If a written plan of
action is not submitted to this office by March 2, 2014 then DEMLR staff will re -inspect the site
and issue a Notice of Violation if the listed deficiencies have not been addressed.
Division of Energy, Mineral, and Land Resources - Land Quality Section — Wilmington Regional Office
127 Cardinal Drive Extension, Wilmington, North Carolina 28405 • (910) 796-72151 Fax: [phone]

Please be reminded that if an ownership change, or a name change or a mailing address change
has occurred, it is your responsibility to submit a completed and signed Name/Ownership
Change form to the Division. Please include the name, mailing address and phone number of the
party who is now responsible for this permit. If you have any questions, please contact Chris
Baker at the Wilmington Regional Office, telephone number [phone].
Sin rely,
Georgette cott
State Stormwater Supervisor
Enc: Compliance Inspection Report
GDS/csb: S:IWQS1Stormwater\Permits & Projects120061060725 HDQ014 04 NOD 060725
cc: Larry McBennett, Attorney
Karen Higgins, WBS-CPU
WiRO Stormwater File

Compliance Inspection Report
Permit: SW8060725 Effective: 10/13/06 Expiration: 10/13/20 Owner: Sass & Schwenker LLC
Project: Magnolia Trace Townhomes
County: New Hanover Carolina Beach Rd
Region: Wilmington
Wilmington NC 28412
Contact Person: Garry S Pape Title: Phone: [phone]
Directions to Project:
From Monkey Junction in Wilmington, take Carolina Beach Road approx. 2 miles towards downtown and site is on the right.
Type of Project: State Stormwater - HD - Detention Pond
Drain Areas: 1 - (Mott Creek (Todds Creek)) (03-06-17) ( C:Sw)
On -Site Representative(s):
Related Permits:
Inspection Date: 03/28/2014 EntryTime: 10:00 AM Exit Time: 10:30 AM
Primary Inspector: Christopher Baker Phone:
Secondary Inspector(s):
Reason for Inspection: Complaint Inspection Type: Compliance Evaluation
Permit Inspection Type: State Stormwater
Facility Status: ❑ Compliant ■ Not Compliant
Question Areas:
N State Stormwater
(See attachment summary)
Page: 1

Permit: SW8060725 Owner • Project: Sass & Schwenker LLC
Inspection Date: 03/28/2014 Inspection Type: Compliance Evaluation
Reason for Visit: Complaint
Inspection Summary:
File Review
Yes
No
NA
NE
Is the permit active?
0
❑
❑
❑
Signed copy of the Engineer's certification is in the file?
❑
0
❑
❑
Signed copy of the Operation & Maintenance Agreement is in the file?
■
❑
❑
❑
Copy of the recorded deed restrictions is in the file?
❑
❑
■
❑
Comment: The stormwater pond is constructed but has not been certified.
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?
0
❑
❑
❑
Comment:
Operation and Maintenance Yes No NA NE
Are the SW measures being maintained and operated as per the permit requirements? ❑ ■ ❑ ❑
Are the SW BMP inspection and maintenance records complete and available for review or provided to DWQ ❑ ❑ ■ ❑
upon request?
Comment: 1) Vegetation along pond slopes and within the pond are overgrown.
2) The outlet structure is clogged and the pond cannot draw down.
3) Excessive sediment in the pond.
4) A sump pump is in the pond and appears to be used for a spray fountain. The sump
pump draws from the bottem of the pond.
5) Downspouts in the rear of the townhomes are not routed to the stormwater pond for
treatment.
Page: 2

` M ugnolia Trace LLC
• 2812 Erwin Rd.. #205
Durham, NC 27705
rob@ teamapartments.coi
Magnolia Trace LLC
February 4, 2015
North Carolina Department of Environment and Natural Resources
Georgette Scott, State Stormwater Supervisor
c/o Steve Pusey
Land Quality Section — Wilmington Regional Office
127 Cardinal Drive Extension
4812-4828 Sebastian Lane
Lots 1-45, 47-50
Wilmington, NC 29412
[phone] (Company main)
[phone] (Office direct)
Wilmington, NC 28405 EC E � V E
SUBJECT: Response to Notice of Deficiency cem Q 20t5
NOD 2014-I'C-0076
Magnolia Trace Townhomes
Stormwater Permit No. SW8 060725 BY.
't r' New Hanover County
_ A Dear NC. DENR . ;
We recetyed Notice dated January 6, 2015 and are responding here with specific actions taken and
,time frarrielregiiired.to correct the deficiencies.
r :.:...
We contracted.wiih Jones Landscaping to mow/cut the site, item #2, work completed today. See
attached photos.;,.Jones will Finish cleaning the pond, including removing excessive sediment, items
43-#4;,6"n`their next regularly scheduled site visit in February.
We are bidding the remainder of the work, items 45-46, and have already obtained multiple bids.
See, as example, attached bid from Landmark. It seems very likely that the work will be awarded to
Under Pressure Irrigation LLC ("UPI"), which has a Wilmington office. UPI manager/owner Scott
Pindell estimates he can complete the work in the next 2-3 weeks.
We have been steadfast in updating engineer Garry Pape on the progress (Garry has met on site with
several estimators, though work has been not completed to date for various reasons outside our
control). Garry is carbon copied here. Garry is prepared to certify the work upon completion.
Please note also the following ownership/name change:
y
Magnolia Trace LLC
c/o Robinson Everett Jr. (no "e" at end of.Everett :)
2812 Erwin Road', 4205
Durham, NC 27705
. . . . . . . . . . . . . . . . . . . . . . .
9
-

February 4, 2015
Page 2
Please confirm by email receipt and sufficiency of this response. My email is
robDa teama artments.com.
Of course, please do not hesitate to contact me with any questions or concerns. My direct phone is
919-267-2727.
Kind regards,
Robinson Everett Jr.
Manager
Magnolia Trace, LLC
CC: Garry Pape
David Syster
6nc: Photos (2)
Notice of Deficiency
Estimation of Work (Landmark)
NVE
g'� FfB 0 9 2015
1�
IIAL 12t &,
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Rob Everett
From: David Syster [[e-mail]]
Sent: Wednesday, February 04, 2015 10:24 AM
To: Rob Everett
Subject: Magnolia Trace
Attachments: Mag Trace-NCDENR Compliance.As
Rob,
Attached is an updated quote from Landmark for the work at Magnolia Trace. I had them remove the borings
and add in pond maintenance. They also spoke with Garry and he provided cost to certify the pond once they
have cleaned it up.
I have a lunch meeting downtown at noon but would like to catch up with you this afternoon il'possible?
Thanks and hope you are doing well,
David A. Systcr
President
Southern Environmental Group, Inc.
531S South College Road Suite G
Wilmington, North Carolina 28412
Phone:[phone]
c_� �� Fax: 910,452,2899
1 Mobile:[phone]

Magnolia Trace-NCENR Compliance
DESCRIPTION
QUANTITY UNITS UNIT PRICE
XTD PRICE
MOBILIZATION
1.00 LS
$1,000.00
$1,000.00
MOWING POND
1,00 EA
$1,000.00
$1,000.00
REGRADE/SLOPE AND RESHAPE POND
500.00 CY
$15.00
$7,500.00
HAUL AWAY CLEARING DEBRIS
4.00 LOADS
$250.00
$1,000.00
INSTALL RIP RAP AT FOREBOY TO BRING IT TO ELEVATION 19.00 AND 19.50
35.00 TONS
$100.00
$3,500.00
CLEAN UP AND RESEED POND
1.00 EA
$2,500.00
$2,500.00
6" ROOF DRAINS
114.00 LF
$28,00
$3,192.00
ROOF DRAIN CONNECTIONS
8.00 EA
$300,00
$2,400.00
AS BUILTS OF THE POND FOR CERTIFICATION
1.00 EA
$2.000.00
$2,000,00
ENGINEER CERTIFICATION
1.00 EA
$750.00
$750.00
FIX WASHOUT AT BOX #9 AND ADO ABC STONE, INSTALL GRATE ON BOX #10
1.00 LS
$1,000.00
$1,000.00
SUBTOTAL
$25,842.00
GRAND TOTAL $25,842.00
2/4/2015

NCDENR
North Carolina Department of Environment and Natural Resources
Pat McCrory
Governor
January 6, 2015
Robinson O. Everette, Jr,, Manager
EEE Apartment Management
2716-D Campus Walk Ave.
Durham, NC 27705
Subject: NOTICE OF DEFICIENCY Re -Submittal
NOD 2014-PC-0076
Magnolia Trace Townhomes / South College Associates, LLC
Stormwater Permit No. SW8 060725
New Hanover County
Dear Mr. Everette:
Donald van der Vaart
Secretary
On March 28, 2014, Chris Baker of the Wilmington Regional Office of the Division of Energy, Mineral
and Land Resources (DEMLR) inspected Magnolia Trace Townhomes in New Hanover County to
determine compliance with Stormwater Management Permit Number SW8 060725 issued on October
13, 2006. DEMLR file review and site inspection revealed that the site is not in compliance with the
terms and conditions of this permit. The original letter was sent on April 1, 2014 and included a copy of
the form entitled "Compliance Inspection Report which summarized the findings of the inspection. We
received a "Return to Sender" notification on 4/6/14 so I am not sure if you have read this letter which
was sent to the previous address of South College Associates, LLC. To date, we have not received a
response. There was some correspondence by email with Mr. Larry McBennett on March 27, 2014
about how to gather information on the permit.
As indicated in the attached inspection report, the following deficiencies must be resolved:
1. Please submit a "Designer's Certification", page 6 of 7 of the permit.
2. The pond side slopes and areas within the pond are overgrown. Have the overgrown
mowed/cut as per item 11.3.c of the permit.
3. Remove the excessive sediment from the stormwater pond to the design elevation as shown on
the plans and in the permit per section 11.3.b of the permit.
4. Remove material clogging the outlet structure per section 11.3.f of the permit.
5. A sump pump is located near the outlet structure of the pond and appears to be used for a
fountain. A fountain may be operated within the stormwater pond only if they meet the criteria
spelled out in section 11.5 of the permit.
6. Downspouts along the back side of the existing townhomes are directed away from the
stormwater pond and are not collected and treated prior to release. Section 1.5 of the permit
requires all impervious surfaces to be collected and directed to the stormwater pond prior to
release.
Please inform this Office in writing before February 6, 2015, of the specific actions that will be
undertaken and the time frame that will be required to correct the deficiencies. Failure to provide the
requested information, or to respond to this letter by the due date, may initiate enforcement action
including the assessment of civil penalties of up to $25,000 per day. If a written plan of action is not
submitted to this office by March 2, 2015 then DEMLR staff will re -inspect the site and issue a Notice of
Violation if the listed deficiencies have not been addressed.
Division of Energy, Mineral, and Land Resources
Land Quality Section — Wilmington Regional Office
127 Cardinal Drive Extension, Wilmington, North Carolina 28405 • [phone] / Fax: [phone]

Mr. Robinson O. Everette, Jr.
January 6, 2014
Please be reminded that if an ownership change, or a name change or a mailing address change has
occurred, it is your responsibility to submit a completed and signed Name/Ownership Change form to
the Division. Please include the name, mailing address and phone number of the party who is now
responsible for this permit. If you have any questions, please contact Steve Pusey at the Wilmington
Regional Office, telephone number [phone].
Sinc rely, "
eorgette Scott
State Stormwater Supervisor
GDSlsgp: G:1WQI11Stormwater\Permits & Pro}ects120061060725 HD12015 01 NOD 060725
cc: Larry McBennett, Attorney c/o Martha Kelly
WiRO Stormwater File
Page 2 of 2

Compliance Inspection Report
Permit: SW8060725 Effective: 10/13/06 Expiration: 10/13/20 Owner: Sass & Schwenker LLC
Project: Magnolia Trace Townhomes
County: New Hanover Carolina Beach Rd
Region: Wilmington
Wilmington NC 28412
Contact Person: Garry S Pape Title: Phone: [phone]
Directions to Project:
From Monkey Junction in Wilmington, take Carolina Beach Road approx. 2 miles towards downtown and site is on the right.
Type of Project: State Stormwater - HD - Detention Pond
Drain Areas: 1 - (Mott Creek (Todds Creek)) (03-06-17) { C;Sw)
On -Site Representative(s):
Related Permits:
Inspection Date: 0312812014 EntryTime: 10:00 AM Exit Time: 10:30 AM
Primary Inspector: Christopher Baker Phone:
Secondary Inspector(s):
Reason for Inspection: Complaint Inspection Type: Compliance Evaluation
Permit Inspection Type: State Stormwater
Facility Status: Q Compliant ® Not Compliant
Question Areas:
90 State Stormwater
(See attachment summary)
Page: 1

Permit: SW8060725 Owner - Project: Sass & Schwenker LLC
Inspection Date: 03/28/2014 Inspection Type: Compliance Evaluation Reason for Visit: Complaint
Inspection Summary:
Fite 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: The stormwater pond is constructed but has not been certified.
SW Maacurac
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?
Yes No NA NE
Yes No NA NE
®0nn
MU130
W 0 0 0
Comment:
Operation and Maintenance Yes No NA NE
Are the SW measures being maintained and operated as per the permit requirements? ❑ ®❑ Q
Are the SW BMP inspection and maintenance records complete and available for review or provided to DWQ Q Q 1110
upon request?
Comment: 1) Vegetation along pond slopes and within the pond are overgrown.
2) The outlet structure is clogged and the pond cannot draw dawn.
3) Excessive sediment in the pond.
4) A sump pump is in the pond and appears to be used for a spray fountain. The sump
pump draws from the bottem of the pond.
5) Downspouts in the rear of the townhomes are not routed to the stormwater pond for
treatment.
Page: 2

WET DETENTION POND ANALYSIS
FILE NAME: S:1WQSIPOND1060725.WK1
PROJECT #: SW8 060725 I REVIEWER: P.Bartlett
PROJECT NAME: Magnolia a T/H
Receiving Stream
Drainage Basin:
Site Area
Drainage Area
UT Mott Creek
Cape Fear
6.42
204470.00
DATE: 13-Oct-06
Class: C; SW
Index No. 18-82
acres
square feet Area in Acres 4.69
IMPERVIOUS AREAS
Rational C
Buildings
6938000,, square feet
0.95
Parking/Sts
47708.00', square feet
0.95
�"i , r
SW
Pool, Pool, rd ext
6080.00 square feet
3020.00 square feet
0.95
0.95
Ott
square feet
square feet
square feet
TOTAL
126188.00 square feet
Rational Cc= 0.66
SURFACE AREA CALCULATION
% IMPERVIOUS 61.71 % SAIDA Ratio 4.42%
Des. Depth 5 Req. SA 9038 sf
TSS, 85 or 90:L':' . 90 Prov. SA 9181 sf
VOLUME CALCULATION * place a "1" in the box if Rational is used
Rational ?*
Des. Storm
1.00
inches
Rv=
0.605
Bottom
1 141 msl
Perm. Pool
19.00
jmSI
Design Pool
1.: - 20.1
msl
Storage met @elev
20.02 msl
Req. Volume
10316
cf
Vol. Prov. at DP
11151
cf
RIFICE CALCULATION
FOREBAY
Perm. Pool Volume=
Req. Forebay Volume=
Provided Volume
Percent=
23027
4605.4
r'4643.00
Area
_Elevation
19.00
9181.00
20.10
11093.00_j
Inc. Vol. Acc.-Vol.
0.00
11150.70 11150.70
Avg. Head =
0.52
ft
Q2 Area =
2.48
sq. inches
Flow Q2, cfs
0.060
cfs
Q5 Area =
0.99
sq. inches
Flow Q5, cfs
0.024
cfs
Orifice Area
1.77
sq. inches
No. of Orifices
1
Q=
b.043
cfs
Diameter, inches
1.50
weir H x W
I in
x
F in
Drawdown =
2.8
days
Surface Area @DP =
11093 sq. ft.
Falling Head Drawdown =
4.2 days
C= 3.3115
L=
-0.104
COMMENTS
Surface Area , Volume and Orifice are within Design Guidelines.

Pusey, Steven
From: Pusey, Steven
Sent: Friday, December 19, 2014 3:30 PM
To: Pape, Garry
Cc: 'Scott, Georgette (geo rg ette. scott@ node nr.gov)'
Subject: Magnolia Trace Townhomes - Stormwater permit SW8 060725
Importance: High
Garry,
I am following up on a site inspection by Chris Baker where he issued a Notice of Deficiency on April 1, 2014. 1 have not
been able to get in touch with the owner of the subject permit and it looks like the previous address is incorrect. Chris
stated that he had been working with you on it. The due date for submitting a Plan of Action was May 2, 2014 so it is
now over 7 months late. Can you advise the status and give me a phone number or address for Mr. Robinson Everette,
Jr., manager of South College Associates, LLC. They are the current owner of record, however I don't think the permit
has been officially transferred to them. If they can get th_pro lems resolved and you can issue the engineer's
certification, we can call it compliant and transfer the permit. Please advise.
Thanks,
Steve
Sta/,en J.P. Fused
Environmental Engineer
NCDENR - Division of Energy, Mineral and Land Resources
127 Cardinal Drive Ext.
Wilmington, NC 28405
Ph [phone] / Fax [phone]
http:/Iporta1.ncdenr.org/web/ir/stormwater
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