SW8970616_HISTORICAL FILE_20060915

STORMWATER DIVISION CODING SHEET
POST -CONSTRUCTION PERMITS
PERMIT NO.
SW
DOC TYPE
❑ CURRENT PERMIT
❑ APPROVED PLANS
HISTORICAL FILE
❑ COMPLIANCE EVALUATION INSPECTION
DOC DATE
db2&
YYYYMMDD

building permits
Subject: building permits
From: [e-mail]
Date: Fri, 15 Sep 2006 14:23:48 -0400
To: [e-mail]
ncmail.net
FYI
Jonathan B. Graham, III, AIA
Director of Code Enforcement Services
New Hanover County, Wilmington, NC
Phone: [phone]
Email: [e-mail]
Just because you do not take an interest in politics
doesn't mean politics won't take an interest in you.
-- Pericles (430 B.C.)
NOTICE: 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
by an authorized county official. This email and any attachments may be
confidential or legally privileged. If you received this message in error
or are not the intended recipient, you are prohibited from retaining,
distributing, disclosing or using any information contained herein. You
should destroy the e-mail message and any attachments or copies if you are
not the intended recipient. Please inform us of the erroneous delivery by
return e-mail. Thank you in advance for your cooperation.
----- Forwarded by Jay Graham/NHC on 09/15/2006 02:35 PM -----
Graham/NHC@NHC
Kemp Surpeau
To: Tony Roberts/NHC@NHC, Jay
09/14/2006,04:03 cc:
PM Subject: building permits
The State Department of Natural Resources Division of Water Quality
inquired about a hold of building permits in Heron Run Subdivision.
Consistence with County enforcement practices, we do not hold back
building permits on innocent third party property owners who acquired their
lots without notice of a developer's violation or other noncompliance.
Accordingly, it is my legal opinion that no hold he placed on 1316 Heron
Run Dr.,(Lot17), absent a Court order or State directive requiring such
action. Please contact me with any questions.
NOTICE: E-Mail correspondence tc.and from this address may be subject to
the North Carolina Public Records Law.
of 1 9/15/2006 2:25 PM

P. 1
COMMUNICATION RESULT REPORT ( JUL.11.E005 E:31pM )TTI *NCDENR lIRb
- - _-RESULT PAGE
------------------------
c7PTION -ADDRESS (GROUP) OK P. 3
'ILE MODE __ - - 94520800 ---
365T MEMORY -TX
REASON FOR ERROR
E-1) NO ANSWER
UP OR LINE FAIL
E-S) BUSY
E-4) NO FACSIh1ILE CONNECTION
State of Fortin Carob is
Department of Environment and Natwal Resources
Wilmington Regional Office
Michael F. Easley, Crovemor William G, Ross Yr., Secretary
FAX COVER SHEET
Date: " `� �' No. Of Pages: (excluding cover)
To: C-> From:
CO: CO: NC DENR
FAX #: A '�l -a FAX#: [phone]
REDS:
IV Cardinal Drive Extension, Wiitnjngion, N.C. 28405-3946 Telephone [phone]L15 Pax (910) 350-Z004
An Equal Opportunity Affirnwllve Action Employer

State of North Carolina
Department of Environment and Natural Resources
Wilmington Regional Office
Michael F. Easley, Governor William G. Ross Jr., Secretary
FAX COVER SHEET
Date:
To:
CO:
FAX #: Q\5a
REMARKS:
No. Of Pages: (excluding cover) a7-
From•
CO: NC DENR
FAX#: [phone]
127 Cardinal Drive Extension, Wilmington, N.C. 28405-3845 Telephone [phone] Fax [phone]
An Equal Opportunity Affirmative Action Employer

A;A
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Michael P. Easley, Governor William G. Ross, Jr., Secretary
Alan W. Klimek, P.E., Director
WATER QUALITY SECTION
COASTAL STORMWATER PERMIT NAME/OWNERSHIP CHANGE FORM
I. CURRENT PERMIT INFORMATION: ,
1. Stormwater Management Permit Number: S uJ- ,� G`(oCP �L
2. Permit Holder's name:
3. Signing official's name: Title:
(person legally responsible for permit) 4. Mailing address: r�o City: w \\ram C_,,�
State- ULZipCode:1. 1-\o k Phone: ctko--499­�-t-a +cFAX. ckcD-`(tea-�[�ot�.
(Area Code and Number) (Area Code and Number)
II. NEW OWNER 1 PROJECT 1 ADDRESS INFORMATION
1. This request is for: (please check all that apply)
Za. Change in ownership of the propertylcompany (Please complete Items
#2, #3, and #4 below)
b. Name change of project (Please complete Item #5 below)
-C. Mailing address change. (Please complete Item #4 below)
d. Other (please explain):
2. New owner's name to be put on permit:
SSoG -SSuC�
3. New owner's signing official's name and title:
n (Title)
4. New Mailing Address: e.�. \,o. �—^City: 'LkA
State: W_ ZipCode.- -A_%1-10ty Phone:Aka- (ku- doGe(g FAX: O
(Area Code and Number) (Area Code and Number)
5. New Project Name to be placed on permit: nlcL
Page 1 of 2
Wilmington Regional Office One
127 Cardinal Drive Extension, Wilmington, North Carolina 28405 NorthCaroina
Phone: [phone] FAX [phone] Internet: h2o.enr.state. nc.us
An Equal Opportunity/Affirmative Action Employer — 50% Recycled110% Post Consumer Paper Naturally

PERMIT NAME/OWNERSHIP CHANGE FORM
THIS APPLICATION PACKAGE WILL NOT BE ACCEPTED BY THE DIVISION OF
WATER QUALITY UNLESS ALL OF THE APPLICABLE ITEMS LISTED BELOW ARE
INCLUDED WITH THE SUBMITTAL.
REQUIRED ITEMS-
1. This completed form.
2. Legal documentation of the transfer of ownership.
3. A copy of the recorded deed restrictions, if required by the permit.
4. The engineer's certification, if required by the permit.
5. A signed Operation and Maintenance plan, if a system that requires maintenance
will change ownership.
6. Maintenance records.
CERTIFICATION MUST BE COMPLETED AND SIGNED BY BOTH THE CURRENT
PERMIT HOLDER AND THE NEW APPLICANT IN THE CASE OF A CHANGE OF
OWNERSHIP.
FOR NAME CHANGES, COMPLETE AND SIGN ONLY THE CURRENT PERMITTEE'S
CERTIFICATION.
Current Permittee's Certification:
name/ownership change has b yen
my knowledge. I understa d t at if
and that if all req�y Ired ' pp rtin(
application packago will ret rnec
Signature:
attest that this application for a
reviewed and is accurate and complete to the best of
all required parts of this application are not completed
information and attachments are not included, this
as incomplete.
Date: a-l`7-r25
New Applidbr-at's Certification: (Must be completed for all transfers of ownership)
lu�anael 1-4. , attest that this application for an ownership
change has been reviewed and is accurate and complete to the best of my knowledge. I
understand that if all required parts of this application are not completed and that if all
required supporting information and attachments are not included, this application package
will be returned as inc mplet �^
Signature: / Date: 4
THE COMPLETED APPLICATION PACKAGE, INCLUDING ALL, SUPPORTING
INFORMATION AND MATERIALS, SHOULD BE SENT TO THE FOLLOWING
ADDRESS:
North Carolina Department of Environment and Natural Resources
Division of Water Quality
127 Cardinal Drive Extension
Wilmington, NC 28405
ATTN: Linda Lewis
Page 2of2

Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Coleen 11. Sullins Director
Division of Water Quality
July 1, 2008
Trolley Path Condo Association, Inc.
c/o Mr. Joseph S. Shapiro
P.O. Box 3121
Wilmington, NC 28406
Notice of Inspection -NON-COMPLIANCE STATUS
Trolley Path Condos
Stormwater Project No. SW8970616
New Hanover County
Dear Mr. Shapiro -
Please find attached a copy of the completed form entitled "Stormwater Compliance Inspection
Report". The report summarizes the findings of a recent inspection of the project's stormwater
controls conducted on June 25, 2008 to determine compliance with Stormwater Permit
Number SW8970616 issued on July 22, 2005.
The required actions that are necessary to bring this site into compliance are noted under the
Comments section of the report. Please inform this Office in writing within fifteen (15) days 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, when required, may initiate
enforcement action. If you have any questions please contact David Cox at the Wilmington
Regional Office, telephone number [phone].
Sincerely,
L�
Pat C. Durrett
Senior Environmental Specialist
PCDlencl: S-\WQSISTORMWATIINSPECTIPats inspections1SW8970616 cov Itr
M. Wilmington Regional Office
No�1tCarolina
Nlllurally
North Carolina Division of Water Quality 127 Cardinal Drive Extension Wilmington, NC 28405 Phone [phone] Customer Service
Wilmington Regional Office Internet: Aww.ncwaterqualiLy.ort Fax [phone]
An Equal OpportunitylAffirmative Action Employer— 50% Recycledli 0% Post Consumer Paper

o�pF W A rF,QOG
Michael F. Easley, Uovemor
0
William U. Ross Jr., Secretary
North Carolina Deparlment of Environment and Natural Resources
Q
[
Alan NV. Klimek, P.E. Director
Division of Water Quality
May 23, 2007
Mr. Joseph Shapiro
Trolley Path Condominiums Assoc., Inc.
P.O. Box 3121
Wilmington, NC 28406
Subject:: Stormwater Permit NoFSW887061
Trolley Path Condos
New Hanover County
Dear Mr. Shapiro:
The Division of Water Quality issued a Coastal Stormwater Management Permit, Number SW8970616
to Trolley Path Condominiums Assoc., Inc. to serve Trolley Path Condos on 8/2211997. This permit will
expire on 8/22/2007. Section .1003(h) of 15 A NCAC 2H .1000 (the stormwater rules) requires that
applications for permit renewals shall be submitted 180 days prior to the expiration of a permit and must
be accompanied by a processing fee, which is currently set at $420.00. If this is still an active project
please complete and submit the enclosed renewal application in a timely manner. If this project has not
been constructed and a permit is no longer needed, please submit a request to have the permit
rescinded. If you have sold the project, or are no longer the permittee, please provide the name, mailing
address and phone number of the person or entity that is now responsible for this permit. Enclosed is a
form for change of ownership, which should be completed and submitted if the property has changed
hands.
Your permit requires that upon completion of construction and prior to operation of the permitted
treatment units a certification of completion be submitted to the Division from an appropriate designer
for the system installed. This is to certify that the permitted facility has been installed in accordance with
the permit, the approved plans, specifications and supporting documentation. Please include a copy of
the certification with your permit renewal request and processing fee. Enclosed is a copy of a sample
certification. Also enclosed is a new Operation and Maintenance agreement that should be completed
and submitted along with your renewal application.
You should be aware that failure to provide the Designer's Certification and the operation of a
stormwater treatment facility without a valid permit, are violations of NC General Statute 143-215.1 and
may result in appropriate enforcement action including the assessment of civil penalties of up to
$10,000 per day -
If you have any questions, please feel free to contact staff in the stormwater group at 910-796-7215.
sin ely,
1
Ed eck, Regional Supervisor
Surface Water Protection Section
Wilmington Regional Office
Enclosures
cc. [-Wilmington Regional_Office�
North Carolina Division o1' Water Quality Internet: wu•w.nc%vatergualitv.ora One
127 Cardinal drive Extension Phone [phone] N.�o.}r�`'hCarollna /jr�
Wilmington, NC 28403 Fax [phone] /i / rally/

Page 1 of 1
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North Carolina
Elaine F Marshall
EPARTME F OF THE
Secretary SECRETARY OF STATE
PO Box 29622 Rak i;)'i, NC 276; t>-0622 [phone]
Date: 6116/2005
Click here to:
View Document Filings i
Corporation Names
Name Name Type
NC TROLLEY PATH
CONDOMINIUM Legal
ASSOCIATION, INC.
Non -Profit Corporation Information
SOSID:
0473866
FID:
Status:
Current -Active
Date Formed:
10/20/1998
Citizenship:
Domestic
State of Inc.:
NC
Duration:
Perpetual
Registered Agent
Agent Name:
Registered Office Address
Registered Mailing Address:
Principal Office Address:
Principal Mailing Address:
Scarafoni, Dean
616 Princess Street
Wilinington NC 28401
616 Princess Street
Wilmington NC 28401
No Address
616 Princess Street
New Hanover County
Wilmington NC 28401
For questions or comments about the North Carolina Secretary of5tate's web ple.+so send e-mail to webmaster.
http://www.secretary.state.nc.us/Coiporatiotis/Corp.aspx?Plteml(1=471? 149 6/16/2005

STATE OF NORTH CAROLINA C IN THE OFFICE OF
FILED ADMINISTRATIVE HEARINGS
COUNTY OF NEW HANOVER 05 EHR 0102
2005 MAY 19 A 10. 2 0 .
DEAN SCARAFONI, OFFICE OF)
ADMINISTRAT)VE _
Petitioner HEARINGS)
V. )
NORTH CAROLINA DEPARTMENT OF )
ENVIRONMENT AND NATURAL )
RESOURCES, DIVISION OF WATER QUALITY,)
}
Respondent. )
SETTLEMENT AGREEMENT &
WITHDRAWAL OF PETITION
Dean Scarafoni ("Petitioner") and the Division of Water Quality ("DWQ") of the North
Carolina Department of Environment and Natural Resources ("Respondent") hereby enter into this
Settlement Agreement ("Agreement") in order to resolve matters in controversy between them
pursuant to N.C. Gen. Stat. § 15013-31(b). These matters arose out of the assessment of a civil
penalty against Petitioner in the amount of one thousand two hundred sixty-seven dollars and forty-
eight cents ($1,267.48), which includes two hundred sixty seven dollars and forty-eight cents
($267.48) in enforcement costs in Respondent's case no.: PC 2004-0021. The Findings and
Assessment of Civil Penalties ("CPA") was assessed on December 7, 2004, accompanied by the
transmittal letter dated December 13, 2004. The permit which is the subject of this contested case
is: State Stormwater Management System Permit No. SW8970616.
Without any hearing of fact or law in the above -styled matter, PETITIONER AND
RESPONDENT AGREE THAT:
1. In order to avoid the cost and delay of further litigation and without admitting
liability, the Petitioner and Respondent have entered into this Agreement and have agreed that all

i
parties have been correctly designated and that there is no question as to misjoinder or nonjoinder.
2. Without adjudication of this claim, Petitioner agrees to pay to Respondent the sum
of one thousand sixty-seven dollars and forty-eight cents ($1,067.48) in full settlement of the
CPA referenced herein - - $800.00 to be credited as full settlement payment of penalty PC 2004-
0021 and $267.48 to be credited as full payment of the enforcement costs associated with the above -
referenced CPA. Payment shall be made by check and made payable to the "North Carolina
Department of Environment and Natural Resources" and delivered to the following address:
Donald W. Laton
Assistant Attorney General
N.C. Department of Justice
Environmental Division
9001 Mail. Service Center
Raleigh, NC 27699-9001
I Petitioner agrees to pay to Respondent the sum of $1,067.48, to be received by
Respondent in a lump sum payment payable within sixty (60) days of the execution of this
Settlement Agreement.
4. Petitioner expressly agrees that by entering into this Agreement,. Petitioner
waives, for purposes of collection of any sums due hereunder, any and all defenses to the underlying
CPA contested by Petitioner in this matter, and that the issue in any action to collect said penalty will
be limited to issues of compliance with this Agreement. The parties agree that this Agreement may
not be used by any third party as the basis for a claim of res judicata, collateral estoppel or waiver
with respect to Petitioner's right to maintain and prove that Petitioner is not liable or responsible for
any violation alleged in the Agency Action at issue.
2

5. The parties agree that the consideration for this settlement is the promises contained
herein and that this Agreement contains the whole agreement between them.
6. This Agreement shall be binding upon the parties, their successors and assigns, upon
execution by the undersigned, who represent and warrant that they are authorized to enter into this
agreement on behalf of the parties hereto.
WITHDRAWAL OF PETITION
Entry of this Agreement serves as Petitioner's Voluntary Withdrawal with Prejudice of the
Petition for Contested Case Hearing in this matter. The parties agree this matter is concluded and
that no further proceedings are needed or required to resolve the contested case.
DEAN SCARAFONI
OVA
Printed Name & Title Of Signer
Date: S
Sett] ementAgreemen t.wpd
3
NORTH CAROLINA DEPARTMENT
OF ENVIRONMENT AND NATURAL
RESOURCES, DIVISION OF WATER
QUALITY I
Thomas Reeder
Surface ter Quality Section Supervisor
Date: S 6 p S

FILED
OFFICE OF
ADMINISTRATIVE HEARINGS
May 23 9 30 AM 2005
STATE OF NORTH CAROLINA IN THE OFFICE OF
ADMINISTRATIVE HEARINGS
COUNTY OF NEW HANOVER 05 EHR 0102
Dean Scarafoni )
Petitioner )
VS. } NOTICE OF CLOSURE
N. C. Division of Water Quality )
Respondent )
Petitioner has withdrawn the petition for a Contested Case Hearing in the above -
captioned matter. Therefore, no further proceedings are needed or required to resolve the
contested case captioned above, and this contested case is CLOSED.
This the 23rd day of May, 2005.
Ja L. Co er, II
Administrative Law Judge
Ric: ww Ly
MAY 3 1 2005

OM :LIUE OAK DEUELOPMENT
FAX'NO. :9107626019 Mar. 31 2005 01:35PM P1
Phone [phone], Fax [phone]
www.liveoakdev.com
Fax
To: Rhonda Hall From: Dean Scarafoni
Fax: [phone] Pagcs: 3
Phone: Date: 313I105
Re: hollcy Path Eng, Cert. CC:
❑ Urgent ❑ For Review 13 Please Comment Plem Reply ❑ Please Rwcle
=40 Qpty�n13:

FROM :LIUE OAK DEUELCIPMENT FAX NO. :9107626019
Mar. 31 2005 01:35PM P2
TO: Linda Lewis. Environmental Enginccr
NC DENIi/Division of Environmental Management
Water (duality Scetion
127 Cardinal Drive Extension
Wilmington, NC 28405-3845
RE: Trolley Path Condos
New Hanover County, NC
NKT Project No. 04118
Engineer's Certification
State Stormwater Management Systems
Permik.No SW8 970616
1, J. Phillip Norris, Y.E. , as a duly registered Professional Engineer in the State of
North Carolina, leaving been authorized to observe (periodically, ;veep Ail e) the construction of the project,
Trolley Path Condos (Project)
for Live Oak Development Company _ (Project Owner) hereby state that, to the best of my abilities, due
care and diligence were used in the observation of the project construction such that the construction was observed
to be built within substantial compliance and intent of the approved plans and specifications.
Required items to be checked for this certification to be considered complete are on page 2 of this form.
Noted deviations from approved Plans and specifications:
]PNlasn
04118 02-14.05-
Signature
Registralio.
SEAL,
Date February 14, 2005
cc: Tony Roberts, New Ilanover County Bu gilding Inspector
i)ean Scarafoni / Live Oak Development Company
NORRIS, KUSKE &TUNSTALL
CONSULTING ENGINEERS, IN,f;,
1
902 Market Street Wilmington, PAC 28401-473:1
(910) 343-W53 Phone (5310) 3a3.9604 Fax

FROM :LIUE OAK DEUELOPMENT FAX NO. :9107626019 Mar. 31 2005 01:35PN P3
1
I
Certification Requirements:
The draimiger area to the system contains approximately the permitted acreage.
f-3.2
The drainage area to the system contains no more than the permitted amount of built -upon area.
All the built -upon area associated with the project is graded such that the runoff drains to the
systems.
4 The outleUbypass structure elevations are per the approved plan.
5 The outlet structure is located per the approved plans.
Trash rack is provided on the outlet/bypass structure.
47_-�All slopes are grassed with permanent vegetation.
g
Vegetated slopes are no steeper than 3:1.
'rhe inlets are located per the approved plans and do not cause short-circuiting of the system.
The permitted amounts of surface area and/or volume have been provided.
Required drawdown devices arc correctly sized per the approved plans.
All required design depths are 'providcd.
All required parts of the systein arc provided, such as vegetated shelf, and a forebay.
The overal I dimensions of the system, as shown on the approved plans, are provided.
cc: 'Pony Roberts, New Hanover County Building Inspector
Dean Scarafoni / Live Oak Development Company
* Some areas agreed upon with NC: DL-NR are Steeper than 3:1.
NORRIS, KUSKE &TUNSTALL
CONSULTING ENGINEERS, 'INC.
902 Markot Street Wilmington, NC 28401-4733
[phone] Phone [phone] Fax

�oF \NA RP Michael F. Easley, Governor
p William G. Ross, Jr., Secretary
r North Carolina Department of Environment and Natural Resources
3 DUG,
o 'C Alan W. Klimek, P.E. Director
Division of Water Quality
February 14, 2005
Mr. Dean Scarafoni
Live Oak Development Company
616 Princess Street
Wilmington, NC 28401
Subject: February 9, 2005 Inspection
Stormwater Project No. SW8 970616
Trolley Path Condos
New Hanover County
Dear Mr. Scarafoni:
The Wilmington Regional Office received a letter from you on September 30, 2004. This letter
indicated that:
(1)'you had contracted with Seaside Lawn and Landscaping for corrective action plan number 2, as
described in a letter issued to you by this office on September 14, 2004; and
(2) you would provide this office with a recertification from the project engineer, Phil Norris.
inspected the Trolley Path Condos site on February 9, 2005 to determine if the corrective action plan
described in item 2, of the September 14, 2004 letter issued to you by this office, had been
implemented. The site appeared to be in compliance at the time of the inspection with the exception
that this office has not received a recertification from an appropriate designer for•the system installed
certifying that the permitted facility has been installed in accordance with the permit, the approved plans
and specifications, and other supporting documentation. Any deviations from the approved plans and
specifications must be noted on the Certification.
In addition if you wish to transfer ownership of the permit to a new owner, the attached name/ownership
form must be completed and submitted to this office.
I have enclosed a copy of the name/ownership form for your convenience. If you have any question
please contact me at the Wilmington Regional Office, telephone number [phone].
Sincerely,
Rhonda Hail
Environmental Engineer
RSS/-.rbh S:IWQSIStormWater\LETTERS120041970616.feb05.doc
cc: Phil-Norris,-P_.E,
tV ilmington Regional
Rhonda Hall "`
North Carolina Division of Water Quality 127 Cardinal Drive Extension Phone [phone] Customer Servicel-877-623-6748
Wilmington Regional Office Wilmington, NC 28405-3845 FAX [phone] Internet: h2o.enr.state.nc.us One
NorthCarolina
An Equal Opportunity/Affirmative Action Employer — 50% Recycled110% Post Consumer Paper Naturally

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Michael F. Easley, Governor
William G. Ross, Jr., Secretary
Alan W. Klimek, P.E., Director
WATER QUALITY SECTION
COASTAL STORMWATER PERMIT NAME/OWNERSHIP CHANGE FORM
I. CURRENT PERMIT INFORMATION:
1. Stormwater Management Permit Number:
2. Permit Holder's name:
3. Signing official's name:
4. Mailing address:
(person legally responsible for permit)
Title:
State: ZipCode: Phone: FAX:
(Area Code and Number)
Il. NEW OWNER / PROJECT 1 ADDRESS INFORMATION
1. This request is for: (please check all that apply)
City:
(Area Code and Number)
a. Change in ownership of the property/company (Please complete Items
#2, #3, and #4 below)
b. Name change of project (Please complete Item #5 below)
C. Mailing address change. (Please complete Item #4 below)
d. Other (please explain):
2. New owner's name to be put on permit:
3. New owner's signing official's name and title:
0
New Mailing Address:
State: ZipCode:_
(Title)
City:
Phone: FAX:
(Area Code and Number) (Area Code and Number)
New Project Name to be placed on permit:
Page 1 of 2
Wilmington Regional Office
127 Cardinal Drive Extension, Wilmington, North Carolina 28405
Phone: [phone] J FAX [phone] ! Internet: h2o.enr.state.nc.us
An Equal OpportunitylAffirmative Action Employer -- 50% Recycled110% Post Consumer Paper
NorthCarolina
Awit.rally

PERMIT NAME/OWNERSHIP CHANGE FORM
THIS APPLICATION PACKAGE WILL NOT BE ACCEPTED BY THE DIVISION OF
WATER QUALITY UNLESS ALL OF THE APPLICABLE ITEMS LISTED BELOW ARE
INCLUDED WITH THE SUBMITTAL.
REQUIRED ITEMS:
1. This completed form.
2. Legal documentation of the transfer of ownership.
3. A copy of the recorded deed restrictions, if required by the permit.
4. The engineer's certification, if required by the permit.
5. A signed Operation and Maintenance plan, if a system that requires maintenance
will change ownership.
6. Maintenance records.
CERTIFICATION MUST BE COMPLETED AND SIGNED BY BOTH THE CURRENT
PERMIT HOLDER AND THE NEW APPLICANT IN THE CASE OF A CHANGE. OF
OWNERSHIP.
FOR NAME CHANGES, COMPLETE AND SIGN ONLY THE CURRENT PERMITTEE'S
CERTIFICATION.
Current Permittee's Certification:
!, attest that this application for a
name/ownership change has been reviewed and is accurate and complete to the best of
my knowledge. I understand that if all required parts of this application are not completed
and that if all required supporting information and attachments are not included, this
application package will be returned as incomplete.
Signature: Date:
New Applicant's Certification: (Must be completed for all transfers of ownership)
I, , attest that this application for an ownership
change has been reviewed and is accurate and complete to the best of my knowledge. I
understand that if all required parts of this application are not completed and that -if all
required supporting information and attachments are not included, this application package
will be returned as incomplete.
Signature:
Date:
THE COMPLETED APPLICATION PACKAGE, INCLUDING ALL SUPPORTING
INFORMATION AND MATERIALS, SHOULD BE SENT TO THE FOLLOWING
ADDRESS:
North Carolina Department of Environment and Natural Resources
Division of Water Quality
127 Cardinal Drive Extension
Wilmington, NC 28405
ATTN: Linda Lewis
Page 2 of 2

LIVE OAK DEVELOPMENT --COMPANY
C � ;A ED
FEB 2-2 2005
February 18, 2005'IBilr.
Rhonda Hall
NCDENR
Division of,Water Quality
127 Cardinal Drive Extension ;
Wilmington, NC 28405-3845 ;
Re: Storniwater Project No. SW8 970616
Trolley Path Condos, New Hanover County ,
Dear Ms. Hall:
Per your letter of February14, 1'have enclosed the following information:
• Engineer's Certification'
Completed,Permit Name/Ownership Change Form
Legal Documentation ofthe Transfer of Ownership ,
Please confirm that ownership of the permit has been transferred. Thank you. '
cerel j
can Scar foni
President
Scarafoni Associates NC, Inc:
Enclosures: [3]
616 PRINCESS. STREET • WILMINGTON, NC.28401 • (9.10) 762-4356 • FAX:;[phone]
www.liveoakdev.com

a
' :�t7 r • 4 � V
C O V E R `'
FAX
S H E E T
To:
Linda Lewis, Envirownental C-6c=rirA, Wilmington Rebional Office
7
Fax #: LL [phone]
SubJeet: Dean Searafoni/Live Oak'Development Company, Inc. PC 2004-0021
16
Date: January 10, 2005 ; +
Pages: 4, including this cover sheet.
'r
COMMENTS: +
Attached is a list of important dates associa4cd with this casc. The pctition is attachcd. If you have any questions or
comments, please call.
Thanks much for your cooperation in this matter.
From the desk of...
Janet D. Leach, Paralegal
Department of Justice
Environmental Division
9001 Mall Service Contor
Raleigh, NC 27699-9001
[phone]
Fax: [phone]
ileachC�noJoi,o0rn
TO'd 25:91 Sod OT qa "' 'Ezci . ;1 i99Z9-9T,L-6%:xed
I
NOI AS GNU-1 '8 a31UM

ROY COOPER
ICI TOliNEY GENERAL
State Of 'North Carolina
Department of Justice
9001 NIZ111 Service enter
RALEIGH, NORTH CAROLINA
Reply to:
Donald W. Luton
Y.nvimnmental Division
'ref: (vi v) -7 1o-6e.n9
Fax! [phone]
MEMORANDUM''
TO: Thomas A. Reedeir,'Supeivisor of Wetlands and SH2O Branch;
Rick Shiver, former Wilmington Regional Office Supervisor,
Rhonda Hall, Wilmington Regional Office, Environmental Engineer;
✓Linda Lewis, Environmental Engineer, Wilmington Regional Office; and
Gary Beecher, Environmental Teclinician, Wilmington Re&ional Office.
FROM-. Donald W. Laton, Assistant Attorney General
DATE: January 10, 2005
RE: Civil Penalty Assessment, appeal by Dean Searafoni/Live Oak Development
Company, Jnc;1 PC=2004-0021 t ;
New Hanover Coon ; OAH Identify No.: 05 EHR 0102
Please review the important4ates'listed below and iiote the hearing date on your calendar.
February 19, 2005 Prehearing Statement and Documents Constituting Agency
Action. The Civil Penalty Assessment, the Document
Constitutinig Agency Action in this case is needed in order to file
the prehear�ing statement as requested by the Office of
Administrative Hearings. I have received a copy of the
enforeemo . t file, including the Civil Penalty Assessment, from
Shelton Sullivan.
April 25, 2005 ALL Discovery must be con1pleted by this date.
WEEK BEGINNJNG Hearing islset in Wilmington'NC with Judge James L Conner,
May 9, 20M Admini stra4ve Law Judge presiding. You have been listed as
witnesses for this case. .If foraany reason, the above names should
change, orlif you are unable to attend the scheduled hearing,
please notify this office immediately.
If you have any questions or comments regarding this case, please call me at: (919)
716-6963. If I am not available, you may contact Janet Leach for immediate assistance at (919)
716-6948.
r i
ZO'd 2S*91 SO, 01 qad 99Z9-9TZ-6T6;X?J NOIIO3S ONd-1 �8 �DiUM

C O V E R
FAx
H E
T
To: Thomas A. Reeder, Supervisor of Wetlands and SH2O Branch;
Rick Shiver, former Wilmington Regional Office Supervisor;
Rhonda Hall, Wilmington Regional Office, Environmental Engineer;
Linda Wilson, Environmental Chemist, Wilmington Regional Office; and
m
Gary Beecher, Environmental Technician, Wilmington Regional Office.
Fax TR 715-5637
RS 793-2496
RJI, LW & GB [phone]
I
Subject: Dean ScarafoniMve Oak Development Company, Inc. PC 2004-0021
Date: January 9, 2005
Pages: 4, including this cover sheet.
COMMENTS:
I
Attached is a list of important dates associat'td with this case. The petition is attached. If you have any questions or
comments, please call.
Thanks much foT your cooperation in this matter.
From the desk of...
Janet 0. Leach, Paralegal
Department of Justice
Environmental Division
9001 Mall service Centcr
Raleigh, NC 27699-9001
[phone]
Fax: [phone]
'leach ancno .corn
Tn•a QC -hT cn c- na1
0010-0T /_C-Ta• XDJ KInT I"17C ftKiW-1 )17t"(n

State of North Carolina
Reply io:
Donald W. Lston
Department of juslice
Lnvironmcrnul ntvision
aT'Inl�u1 Y 9QO;I Mali Se2vjCl CCriter
Y,1. i9151i 7 1 G 0000
I'ax: (919) 716-67GG
RALEGH. NORTH CAROLIN•°t
27601-4 01
MEMORANDUM
TO: Thomas A. Reeder, Supervisor of Wetlands and SH2O Branch;
Rick Shiver, former Wilmington Regional Office Supervisor;
Rhonda Hall, Wilmington Regional Office, Environmental Engineer;
Linda Wilson, Environmental Chemist, Wilmington Regional Office; and
Gary Beecher, Environmental Technician, Wilmington Regional Office;
FROM: Donald W. Laton, Assistant Attorney General h
DATE: January 9, 2005
RE: Civil Penalty Assessment ;appeal by Dean Scarafoni/Live Oak Development
Company, Inc. PC 2004-0021
New Hanover County, OAH Identify No.: 05 EHR 0102
j
Please review the important dates! listed below and note the hearing date on your calendar.
February 19 2005 Prehearin I Statement and Documents Constituting A � g g Agency
y
Action. Tile Civil Penalty Assessment, the Document
Constituting Agency Action in this case is needed in order to file
the prehcanng statement as requested by the Office of
Administrative Hearings. I have received a copy of the
enforcement file, including the Civil Penalty Assessment, from
Shelton SUilivan.
April 25, 2005 ALL Discovery must be completed by this date.
WEEK BEGINNING Hearing is set in Wilmington NC with Judge James L Conner,
May 9, 2005 Adrninistr�tive Law Judge presiding. You have been listed as
witnesses Lr this case. If for any reason, the above names should
change, or', if you are unable to attend the scheduled hearing,
please notify this office immediately.
[fyou have any questions or comments regarding this case, please call me at: (919)
716-6963. if ( am not available, you may contact Jaiiet Leach for immediate assistance at (919)
716-6948.
7n'J OC-hT cn � naA Op)O-OT)-C�TF•XPa MITI-1-:)C gNIHl 9 N-�IHfT1

PLEASE PRINT CLEARLY OR TYPE
S A'l V. OF NOR714 CAROLINA IN THE OFFICE OF
ADN1TNl$TRATRrF HF.AR(NGS
(,.()(Y()F(1) 1\lq-'—J.
(2)
(your mmnc) PF1 ITIONFR,
PETITION
FOR .4
CONTESTED CASE HE.ARI NG
RESPONDENT.• )
('Me State agency or heard about which you are.camplaining)' )
I hereby ask for a contested case hearing as provided for by North Carolina General Statute § 15OB-23 because the Respondent has:
(Briefly state fncts showing how you believe you have keen harmed tiff. the State agency (,r board-)
(If more space iq needed, titem:h additional pages.)
(4) 13ccsusc of thc+c facts, the State agency or board has: (check at least one from each eolunttl)
deprived me of property; i exceeded its authority or.jurisdiction;
—\,!f—lordcrcd me to pay a fine or civil penalty; or I tined erroneously;
otherwise substantially prcludicrd my rights; i AND 6iled to use proper procedure;
acted arhitrarily or capriciously: or
failed to as as required by law or rule.
(5) Date: -T�_ - O (6) Your phone number: ('A\6)
(7) Print your full address: Q VA c � �.� �4- W ,�+ c tin
( p x ctry state (zip)
(S) Print your name: _.
(9)Ynursignature:_.,_---
You must mail or drliver�OPY of this Petition to the Staitc agency or board named on line (3) of this form. You should contact the 3genc), or
board to determine the name of the person to be served.
CERTIFICATE OF SERVICE
I ccrti fy that this Petition has been served on the State agency or board named below by depositing a copy of it with the United States postal Service
with suffiicicnt postage affixed OR by delivering it to the named agency or board:
r
(nFtmc of person served)
(12) 1lr,t �,t S ry L+f i
(5tres1 erlches,Jp* , ox) j
(Stnte agency or board listed an line 3)
,iL; .\_1 J.J r1 �`"l U CA- ltc o j
(aryl (state) (zip Wdc)
(13) This the _ _ x�ay e) _ J c.0 L �,Y \r 200•
(14)
(your signature)
When you have wrnpleted this form, you MUST mail or deliver the ORIGINAL AND ONE COPY to the Office of Administrative Hearings, 6714
Mail Service Center, Raleigh. NC 2709-6714.
}1�16(lll94) ,
nn' 1 1t-r-r r`n c rim 'I nnln_nT,l_CTa-Y:)J KinTl 17C nKKl -i 9 N7iH4il

R ^ S
Attachment — Petition for a Contested Case Hearing
Dean Scararoni/Live Oak Development Company v, NC Division of Water Quality
I have no complaints with how the Division of Water Quality has acted ou this matter, but 1 do feel the civil
penalty was unwarranted for the following reasons:
• My engineer and I met with Wilmington DWQ officials on September 3, 2004 and agreed upon a
corrective action plan. The details of this plan were stated in a fo!low-up letter from DWQ dated
September 14, 2004. Aecordingito this letter, the work: was to be performed in a timely manner,
but no deadline was given;
• The work was unusual in that it required extensive handwork and could not be performed after a
rainfall. It was difficult finding a contractor. When the original contractor failed to perform, I
replaced him with a second contractor who did perform;
• The wark was completed January 11, and DWQ was notified; and,
• Between the September 3 meeting And the January I I completion of the co['recti Ve action plan, I
kept in touch with Rhanda Hall o DWQ Wilmington and advised her of the status of [he work.
This is not mentioned in the December 14. 2004 civil penalty letter from Thomas A. Reeder.
in summary, I feel that the work was completed in a reasonably timely manner, and that there is no
reason to assess a civil penalty.
(I -,poke with Shelton Sullivan at the DWQ Raleigh office an January 14, and was advised that a fax to
the Office of Administrative Hearings received January 18 would comply with the request deadline
given in the civitpGnalty letter.)
170 'd zS: VT S0. 6 qad 9W9-9TL-616: xt?d NOTI D3S GNU-1 2 d�J.ditl

VV A rFR .
CO r—
> ;
o �
Mr. Dean Scarafoni
Live Oak Development Company
616 Princess Street
Wilmington, NC 28401
SUBJECT: Assessment of Civil Penalties
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
December 13, 2004
Dean Scarafoni
Live Oak Development Company
New Hanover County
Case No. PC-2004-0021
Dear Mr. Scarafoni:
Alan W, Klimek, P.E. Director
Division of Water Quality
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
IV
DEC 2 0 2004
y:
This letter transmits notice of a civil penalty assessed against Dean Scarafoni, Live Oak Development
Company in the amount of $1,267.48 which includes $267.48 in investigative costs. Attached is a copy
of the assessment document explaining this penalty.
This action was taken under the authority vested in me by delegation provided by the Secretary of the
Department of Environment and Natural Resources and the Director of the Division of Water Quality.
Any continuing violation(s) may be the subject of a new enforcement action, including an additional
penalty.
Within thirty days of receipt of this notice, you must do one of the following three items:
1. Submit payment of the penalty:
Payment should be made to the order of the Department of Environment and
Natural Resources. Payment of the penalty will not foreclose further enforcement
action for any continuing or new violation(s). Do not include the attached waiver
form if making payment.
Please send payment to the attention of:
Mr. Shelton Sullivan
NC Division of Water Quality — NPS Assistance & Compliance Oversight Unit
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
N'oy�` 'Carolina
�/Va�1117i�%
North Carolina Division of Water Quality 1617 Mail Service Center 512 N. Salisbury St. Phone [phone] Customer Service
Internet: h2o.enr.stale.mus Raleigh, NC 27699-1617 Raleigh, NC 27604 FAX [phone]
An Equal Opportunity/Affirmative Action Employer - 50% RecycleWl0% Post Consumer Paper

Dean Scarafoni, Live Oak Development Company
New Hanover County
CASE No. PC-2004-0021
Page 2 of 3
•V
2. Submit a written request for remission or mitigation including a detailed
justification for such request:
A request for remission or mitigation is limited to consideration of the reasonableness of the
amount of the penalty and is not the proper procedure for contesting the accuracy of any of
the statements contained in the assessment letter. Because a remission request forecloses the
option of an administrative hearing, such a request must be accompanied by a waiver of your
right to an administrative hearing and a stipulation that there are no factual or legal issues in
dispute. You must execute and return to this office the attached waiver form and the attached
"Justification for Remission Request" which should describe why you believe:
(a) one or more of the civil penalty assessment factors in G.S. 143B-282.1(b) were
wrongfully applied to the detriment of the petitioner;
(b) the violator promptly abated continuing environmental damage resulting from the
violation;
(c) the violation was inadvertent or a result of an accident;
(d) the violator had been assessed civil penalties for any previous violations;
(e) payment of the civil penalty will prevent payment for the remaining necessary
remedial actions.
Please submit this information to the attention of:
Mr. Shelton Sullivan
NC Division of Water Quality — NPS Assistance & Compliance Oversight Unit
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
3. Submit a written request for an administrative hearing:
If you wish to contest any portion of the civil penalty assessment, you must request an
administrative hearing. This request must be in the form of a written petition to the Office of
Administrative Hearings and must conform to Chapter 150B of the North Carolina General
Statutes. You must file your original petition with the:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, North Carolina 27699-6714
ow NCarolina
Naturally
North Carolina Division of Water Quality 1617 Mail Service Center 512 N. Salisbury St. Phone [phone] Customer Service
Internet: h2o.enr.state.nc.us Raleigh, NC 27699-1617 Raleigh, NC 27604 FAX [phone]
An Equal Opportunity/Affirmative Action Employer— 50% Recycled110% Post Consumer Paper

AND
Dean Scarafoni, Live Oak Development Company
New Hanover County
CASE No. PC-2004-0021
Page 3 of 3
Mail or hand -deliver a copy of the petition to:
And to:
Mr. Dan Oakley
NCDENR
Office of General Counsel
1601 Mail Service Center
Raleigh, NC 27699-1601
Mr. Shelton Sullivan
NC Division of Water Quality — NPS Assistance & Compliance Oversight Unit
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
Failure to exercise one of the options above within thirty days, as evidenced by a date stamp (not a
postmark) indicating when we received your response, will result in this matter being referred to the
Attorney General's Office with a request to initiate a civil action to collect the penalty. Please be advised
that additional assessments may be levied for future violations that occur after the review period of this
assessment.
If you have any questions, please contact Mr. Shelton Sullivan at [phone] extension 544.
TAR/sos
ATTACHMENTS
xc: Rick' Shiver — Wilmington Regional Supervisor
Rhonda Hall - Wilmington Regional Office
DWQ - NPS Assistance & Compliance Oversight Unit
Water Quality Central Files
Susan Massengale, PIO
NNao Carolina
turally
North Carolina Division of Water Quality 1617 Mail Service Center 512 N. Salisbury St. Phone [phone] Customer Service
Internet: h2o.enr.state.mus Raleigh, NC 27699-1617 Raleigh, NC 27604 FAX [phone]
An Equal Opportun4/Affirmative Action Employer— 50% Recycledt10% Post Consumer Paper

STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
IN THE MATTER OF:
Mr. Dean Scarafoni
Live Oak Development Company
FOR VIOLATIONS OF
CONDITIONS OF A STORMWATER
MANAGEMENT PERMIT
PERMIT No. SW8 970616
NORTH CAROLINA
DEPARTMENT OF
ENVIRONMENT
AND NATURAL RESOURCES
File No. PC-2004-0021
}
} FINDINGS AND DECISION
AND ASSESSMENT OF
CIVIL PENALTIES
Acting pursuant to North Carolina General Statutes (G.S.) 143-215.6A, and by
authority delegated to me in accordance with G.S. 14313-282.1(f), I, Thomas Reeder of
the Division of Water Quality (DWQ), Department of Environment and Natural
Resources (DENR), make the following:
FINDINGS OF FACT:
A. Dean Scarafoni, owner of a company known as Live Oak Development
Company, was issued a State Stormwater Permit No. SW8 970616 on August
22, 1997, for a high density commercial stormwater project known as Trolley
Path Condos.
B. Dean Scarafoni has completed the development of a site located on Spofford
Circle off of Wrightsville Avenue near its intersection with Dawson Street in
New Hanover County, as a commercial site known as Trolley Path Condos.
C. State Stormwater Management System Permit No. SW8 970616 contained the
following conditions:
H. Schedule of Compliance,
2. The permittee shall at all times provide the operation and maintenance
necessary to assure the permitted stormwater system functions at optimum
efficiency. The approved Operations and Maintenance Plan must be
followed in its entirety and maintenance must occur at the scheduled
intervals including, but not limited to:
a. Semiannual scheduled inspections (every 6 months).
b. Sediment removal.
c. Mowing and revegetation of side slopes.
d. Immediate repair of eroded areas.
e. Maintenance of side slopes in accordance with approved plans and
specifications.
f. Debris removal and unclogging of outlet structures, orifice devices and
catch basins and piping.
g. Access to the outlet structure must be available at all times.

D. On November 21, 2003, DWQ staff inspected the site and observed that
the approved Operation and Maintenance Plan was not being followed and
maintenance was not occurring at the schedule intervals as required by
Section II.2 of the permit. The following observations were noted:
1. Pond side slopes were not grassed with permanent vegetation
and were eroding;
2. The catch basins had accumulations of debris in them;
3. Pond side slopes were not being maintained in accordance with
approved plans and specifications;
4. Sediment was directly entering the pond from areas of on-
going construction that were adjacent to the pond.
E. On November 24, 2003, DWQ staff issued a Notice of Inspection and Non -
Compliance to Trolley Path Condos, Live Oak Development Company.
This notice requested that a written response be sent to the WiRO before
December 21, 2003. As of January 29, 2004, no response had been
received by this office.
F. On January 29, 2004, DWQ staff issued a second Notice of Inspection and
Non -Compliance to Trolley Path Condos, Live Oak Development
Company. This notice was sent by certified mail after no response had
been received from the first Notice of Inspection and Non -Compliance.
This notice requested that a written response be sent to the WiRO before
February 24, 2004. As of March 22, 2004, no response had been received
by this office.
G. On March 22, 2004, DWQ staff issued a Notice of Violation to Mr. Dean
Scarafoni, Live Oak Development Company for Trolley Path Condos.
This notice was sent by certified mail after no response was received from
the first two Notices of Inspection and Non -Compliance. This notice
requested that a plan of action to correct the violations be submitted to the
WiRO by April 25, 2004.
H. On March 30, 2004, DWQ staff received an e-mail from Mr. Dean
Scarafoni, Live Oak Development Company. Mr. Scarafoni indicated in
this e-mail that he had spoken with the current owner of the property,
Mike Rokoski, about the violations at Trolley Path Condominiums. Mr.
Scarafoni also indicated that Mr. Rokoski said that he was aware of the
violations and that they had already been corrected.
I. State Stormwater Management System Permit No. SW8 970616 contained
the following conditions:
III. General Conditions,
1. This permit is not transferable. In the event there is a desire
for the facilities to change ownership, or there is a name
change of the Permittee, a formal permit request must be
submitted to the Division of Water Quality accompanied by

an application fee, documentation from the parties involved,
and other supporting materials as may be appropriate. The
approval of this request will be considered on its merits and
may or may not be approved.
On April 15, 2004, DWQ staff re -inspected. the site after being informed by
Mr. Scarafoni that the deficiencies had been addressed. During this
inspection, DWQ staff observed the following:
1. The slopes of the pond above the permanent pool elevation have been
stabilized with rip rap and are steeper than 3:1. Rip rap is not a
suitable permanent vegetated cover as specified in the rules;
2. Pond side slopes were not grassed with permanent vegetation and were
eroding;
3. Sedimentation was directly entering the pond from areas of on -going
construction that were adjacent to the pond;
4. The facility had changed ownership without submitting a formal
permit request to the Division of Water Quality.
K. On April 16, 2004, DWQ staff issued a Notice of Inspection to Mr. Dean
Scarafoni, Live Oak Development Company for Trolley Path Condos.
L. On April 22, 2004, DWQ staff issued a Notice of Recommendation for
Enforcement to Mr. Dean Scarafoni, Live Oak Development Company for
Trolley Path Condominiums. This Notice of Recommendation for
Enforcement was sent by certified mail.
M. On June 21, 2004, DWQ staff received the Notice of Recommendation for
Enforcement returned unclaimed.
N. One June 24, 2004, DWQ staff issued a Request to the Sheriff to serve the
. Notice of Recommendation for Enforcement.
O. On June 30, 2004, DWQ staff met at the site with Jay Taylor, the contractor,
hired to correct the deficiencies associated with the stormwater management
system, and came to a consensus as to what slopes could remain rip -rapped
due to the location of preserved trees and one building that appears to extend
over the slope just a little bit.
P. On July 2, 2004, DWQ received a written response from Mr. Dean Scarafoni
indicating that he had received a copy of the Notice of Recommendation for
Enforcement dated April 22, 2004. In addition, Mr. Scarafoni indicated that
he had made arrangements to have the deficiencies associated with the
stormwater management system corrected. He also indicated that work had
begun and that he would follow-up to see that the work was completed to the
Division's satisfaction. He also requested that once the deficiencies had been
corrected he would appreciate being sent a change of ownership form.
Q. On July 6, 2004, DWQ staff mailed an approved rip rap locations plan to Mr.
Dean Scarafoni (Owner), Mr. Phil Norris (Engineering Consultant), and Mr.
Jay Taylor (Contractor).
R. On July 9, 2004, DWQ staff received a Return of Service form from the New

Hanover County Sheriff's Office indicating that the Notice of
Recommendation for Enforcement dated April 22, 2004 had been personally
delivered to Mr. Dean Scarafoni.
S. On August 13, 2004, DWQ staff issued a Letter of Clarification issued to Mr.
Dean Scarafoni, Live Oak Development Company. This letter clarified:
(1) That Permit SW8 970616 was issued on August 22, 1997 versus May
20, 1997. The May 20, 1997 date had been inadvertently used in three
prior correspondences sent to Mr. Scarafoni;
(2) That a designer's certification had been received by this office on May
29, 1998. This office had mistakenly indicated in two previous
correspondences that a designer's certification had not been received
by this office.
T. Staff costs and expenses associated with detecting the violations, defining
their nature and extent, and bringing the enforcement action totaled $267.48,
Based on the above Findings of Fact, I make the following:
II. CONCLUSIONS OF LAW:
A. Mr. Dean Scarafoni, Live Oak Development Company, is a "person"
within the meaning of G.S. 143-215.6A pursuant to G.S. 143-212(4).
B. New Hanover County is a coastal county as defined by 15A NCAC
2H.1002(4).
C. Mr. Dean Scarafoni, Live Oak Development Company, holds a valid
Stormwater Management Permit, Number SW8 970616, issued on August
22, 1997, for the construction on Trolley Path Condos.
D. Mr. Dean Scarafoni, Live Oak Development Company, violated
Conditions II.SCHEDULE OF COMPLIANCE, 2. c. of Stormwater
Permit SW8 970616 by failing to mow and revegetate side slopes of the
basin.
E. Mr. Dean Scarafoni,.Live Oak Development Company, violated
Conditions U.SCHEDULE OF COMPLIANCE, 2. d. of Stormwater
Permit SW8 970616 by failing to affect immediate repair of eroded areas.
F. Mr. Dean Scarafoni, Live Oak Development Company, violated
Conditions II.SCHEDULE OF COMPLIANCE, 2. e. of Stormwater
Permit SW8 970616 by failing to maintain side slopes in accordance with
approved plans and specifications.
G. Mr. Dean Scarafoni, Live Oak Development Company, violated
Conditions II.SCHEDULE OF COMPLIANCE, 2. f. of Stormwater
Permit SW8 970616 by failing to remove debris and unclog catch basins.
H. Mr. Dean Scarafoni, Live Oak Development Company, violated Condition

III. GENERAL CONDITIONS, 1. of Stormwater Permit SW8 970616 by
failing to notify the Division of Water Quality of the facility change of
ownership or name change of the Permittee.
I. Mr. Dean Scarafoni, Live Oak Development Company, may be assessed
civil penalties in this matter pursuant to G.S. 143-215.6A(a)(2), which
provides that a civil penalty of not more than twenty-five thousand dollars
($25,000) per violation per day may be assessed against a person who is
required but fails to apply for or to secure a permit required by G.S. 143-
215.1, or who violates or fails to act in accordance with the terms,
conditions, or requirements of such permit or any other permit or
certification issued pursuant to authority conferred by this Part.
J. The State's enforcement cost in this matter may be assessed against Mr.
Dean Scarafoni, Live Oak Development Company, pursuant to G.S. 143-
215.3(a)(9) and G.S. 14313-282(b)(8).
K. Thomas Reeder, of the Division of Water Quality, pursuant to delegation
provided by the Secretary of the Department of Environment and Natural
Resources, has the authority to assess civil penalties in this matter.
Based upon the above Findings of Fact and Conclusions of Law, I make the following:
M. DECISION
Accordingly, Dean Scarafoni, Live Oak Development Company, is assessed a
civil penalty of:
$ O for violating Condition II.2.c of Permit SW8
970616 by failing to maintain vegetation on the side
slopes.
$ �_ 5 0 for violating Condition II.2.d of Permit SW8
970616 by failing to immediately repair the eroded
areas.
$ d for violating Condition II.2.e of Permit SW8
970616 by failing to maintain the side slopes in
accordance with approved plans and specifications.
$ for violating Condition II.2.f of Permit SW8 970616
by failing to remove debris and unclog catch basins.
$ 5 O for violating Condition III.1 of Permit SW8 970616
by failing to notify the Division of Water Quality of
a change of ownership of the facility.
$ 007 TOTAL CIVIL PENALTY, authorized by G.S.
143-215.6A.

$ 267.48 Enforcement costs.
$ % TOTAL AMOUNT DUE
As required by G.S. 143-215.6A(c ), in determining the amount of penalty I considered
the factors set out in G.S. 143B-282.1(b), which are:
(1) The. degree and extent of harm to the natural resources of the State, to the public
health, or to
private property resulting from the violations;
(2) The duration and gravity of the violations;
(3) The effect on ground or surface water quantity or quality or on air quality;
(4) The cost of rectifying the damage;
(5) The amount of money saved by noncompliance;
(6) Whether the violations were committed willfully or intentionally;
(7) The prior record of the violator in complying or failing to comply with programs
over which the Environmental Management Commission has regulatory authority;
and
(8) The cost to the State of the enforcement procedures
Date Tho as Reeder
Division of Water Quality

JUSTIFICATION FOR REMISSI.ON REQUEST
DWQ Case Number: PC-2004-0021 County: New Hanover
Assessed Party: Dean Scarafoni, Live Oak Development Company
Permit No. (if applicable): SW8 970616 Amount Assessed: $1,267.48
Please use this form when requesting remission of this civil penalty. You must also complete the
"Request For Remission Waiver of Ri ht to an Administrative Hearing, and Stipulation o
Facts" form to request remission of this civil penalty. You should attach any documents that
you believe support your request and are necessary for the Director to consider in evaluating
your request for remission. Please be aware that a request for remission is limited to
consideration of the five factors listed below as they may relate to the reasonableness of the
amount of the civil penalty assessed. Requesting remission is not the proper procedure for
contesting whether the violation(s) occurred or the accuracy of any of the factual statements
contained in the civil penalty assessment document. Pursuant to N.C.G.S. § 143B-282.1(c),
remission of a civil penalty may be granted only when one or more of the following five factors
applies. Please check each factor that you believe applies to your case and provide a detailed
explanation, including copies of supporting documents, as to why the factor applies (attach
additional pages as needed).
(a) one or more of the civil penalty assessment factors in N.C.G.S_ 143B-282. I (b)
were wrongfully pplied to the detriment of the petitioner (the assessment factors are listed in
the civil penalty assessment document);
(b) the violator promptly abated continuing environmental damage resulting from the
violation (i.e., explain the steps that you took to correct the violation and prevent future
occurrences);
(c) the violation was inadvertent or a result of an accident (i.e., explain why the
violation was unavoidable or something you could not prevent or prepare for);
— (d) the violator had not been assessed civil penalties for any previous violations;
(e) payment of the civil penalty will prevent payment for the remaining necessary
remedial actions (i.e., explain how payment of the civil penalty will prevent you from performing
the activities necessary to achieve compliance).
EXPLANATION (attach additional pates as necessary):

STATE OF NORTH CAROLINA
COUNTY OF New Hanover
IN THE MATTER OF ASSESSMENT )
OF CIVIL PENALTIES AGAINST )
Dean Scarafoni )
Live_ _Oak Development Company )
ENVIRONMENTAL MANAGEMENT
COMMISSION
WAIVER OF RIGHT TO AN
ADMINISTRATIVE HEARING AND
STIPULATION OF FACTS
CASE NO. PC-2004-0021
Having been assessed civil penalties totaling $ 1,267.48 _ for
violation(s) as set forth in the assessment document of the Director of the Division of Water Quality
dated _ December 7, 2004 _ , the undersigned, desiring to seek remission of the civil
penalties, does hereby waive the right to an administrative hearing in the above -stated matter and
does stipulate that the facts are as alleged in the assessment document.
The undersigned further understands that all evidence presented in support of remission of
this civil penalty must be submitted to the Director of the Division of Water Quality within thirty
(30) days of receipt of the civil penalty assessment. No new evidence in support of a remission
request will be allowed after thirty (30) days from the receipt of the civil penalty assessment.
This the
day of
ADDRESS
TELEPHONE
SIGNATURE
Kuc

jUL
'•.L1VE OAK DEVELOPMENT COMPA Y.
June 29, 2004
Rick Shiver ;
NC Division of Water Quality
127 Cardinal Drive Extension
Wilmington, NC 28405 ,
Via: Mail and Fax
Re: Trolley Path, Condominiums
Stormwater Permit No. SW8 970616
Dear'Mr: Shiver:
I received a copy of your April 22 letter via -fax from Phil Norris yesterday.,This is to inform you that I
'have arranged with the current owners of the property, to perform the necessary maintenance work.. As of '
my site'visit this morning, the work is well underway and should be finished by, the end of the'day.-Phil
Norris -is scheduled to inspect the work tomorrow.and submit the required designer',s certification forma It ,
is my understanding that both the contractor, Jay Taylor, and Mr, Norris will be in contact with Linda
Lewis.
will follow-up to see'that the work is completed to the Division's satisfaction, 'Once this is done,.l would
appreciate being sent a.change of ownership forma In the meantime, I can be reached at 910-762-4356 or.
910-538-5855 should you' have any questions:
i cere ;
an Scarafo _
President
Cc: Phil Norris
Rodney Williams F
616 PRINCESS STREET •' WILMINGTON, NG'28401 [phone] • FAX: [phone]
www.liveoakdev.com

Registered Agent
Page 1 of 1
North Carolina
Elaine F. Marshall DEPARTMENT OF THE
Secretary -SECRETARY OF STATE
Corporations'- .T.
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PO Box 29622 Raleigh, NC 27626-0622 [phone]
- - -Registered Agent Information
Agent Name Scarafoni, Dean
Businesses that this Agent Represents ...
Entity Name
Type
Status
Formed
Bay Shores Estates Property Owners' Association, Inc.
NP
Current -Active
111911995
CYPRESS BAY PROPERTY OWNERS' ASSOCIATION, INC.
NP
Current -Active
11/711994
HIDDEN HARBOR PROPERTY OWNERS' ASSOCIATION, INC.
NP
Current -Active
712311993
PELICAN POINT DOCK OWNERS' ASSOCIATION, INC.
NP
Current -Active
8/4/1995
Pelican Point Property Owners Association, Inc.
NP
Current -Active
1/2711994
PORTERS NECK CENTER, INC.
BUS
Current -Active
4/6/1995
Scarafoni Associates NC, Inc.
BUS
Current -Active
121211992
TROLLEY PATH CONDOMINIUM ASSOCIATION, INC.
NP
Current -Active
1012011998
Records Returned 1 to 8
Please note this may not be a complete list of companies represented by this agent. Data from the old system has many duplicate entities. So
we will need to combine all information about an entity into one record.
For questions or comments about the North Carolina Secretary of State's web site, please send e-mail to Webmaster.
For questions or comments concerning the Corporations Division, please send e-mail to Corporations Administrator
Click here for help downloading forms.
http://www.secretary.state.ne.us/Corporations/soskb/agent.asp? 1927893

FOR 2STRFT[ON RE61STFA OF OEEOS
kEBECCa T. p1RiST1{N
NEW f/W 1 COUNTY, NC
2m 5EP 25 84,,40:39 PA
BK:3447 PG:126-129 RUIN
K REM STIN,IAN,88
MEOW 12pQ2p47851
NORTH CAROLINA GENERAL WARRANTY DEED
Parcel Identifier No. _ R0541.2-011-WI-000
Mail after recording to
Revenue Stamps: 400.00
This instrument was prepared by: Marshall Williams & Gorham LLP
Brief Descriotion for the Index
Trolley Path Condominlums
THIS DEED made this 19'"- day of September, 2002, by and between
GRANTOR
SCARAFONI ASSOCIATES NC, INC.
RETURNED TO
DANIEL A. MAIM
GRANTEE
MRW DEVELOPMENT COMPANY, .LLC
102 Cinema Drive, Suite A
Wilmington, NC 28403
The designation Grantor and Grantee as used herein shall Include said parties, their heirs,
successors, and assigns, and shall include singular, plural, masculine, feminine or neuter as required
by context.
WITINESSETH, that the Grantor, for a valuable consideration paid by the Grantee, the receipt of
which is hereby acknowledged, has and by these presents does grant, bargain, sell and convey unto
the Grantee in fee simple, all those certain lots or parcels of land situated in the City of
Township, New Hanover County, North Carolina, and more
particularly described as follows:
SEE EXHIBIT A ATTACHED HERETO AND INCORPORATED HEREIN BY REFERENCE.
The property hereinabove described was acquired by Grantor by instrument recorded in
A map showing the above -described property is recorded in Condo Plat Book . Page
TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurbenances
thereto belonging to the Grantee in fee simple.

And the Grantor covenants with the Grantee, that Granby Is seized of the premises In fee simple, has
the right to convey the same in fee simple, that title is marketable and free and dear of all
encumbrances, and that Grantor will warrant and defend the title against the lawful claims of all
persons whonnoever except for the exceptions bereinafber stated.
Title to the property herelnabove described is subJect bo the following exceptions:
I. Ad valorem real property taxes for 2002, and subsequent years;
2. Any and a{I easements, restrictions and rights of way of record odmrMse
affecting said property;
3. Zoning ordinances, building codes and other governmental rules, regulations,
ordinances and codes applicable to the use, occupancy and development of
the said property; and
4. Declaration of Covenants, Condltlons and Restrictions, as amended and
supplemented, which are pert)nerrt to the condominium regime Trolley Path,
as recorded In the New Hanow County Registry.
IN WITNESS WHEREOF, the Grantor has hereunto set his hand and seal, or if corporate, has
caused this Instrument to be signed in lb eorpmbe name by Its duly authorized officers and Its seal
to be hereunto affixed by authority of its Board of Directors, the day and year first above written.
STATE OF NORTH CAROLINA
I, os� : . a Notary Public of the County and State
aforesaid, certify that Dean Scarafonl personally came before me this day and acknowledged that
he is Presldent of Scarafoni Associates NC, Inc., a North Carolina corporation, and that he as
President, being audu rtred b do so, executed the foregoing instrument on behalf of the corporation.
UM
WITNESS my hand and ci icial seal this the =day of September, 2002.
R Tqy Notary Public
$ t ARr ti My commission Bores:
sti ptJBt.�G i�
NOT WRIi•E OR STAMP BU01111 TKM!ANEJ

EXHIBTT A
METES AND BOUNDS DESCRIPTION
PREPARED FOR
TROLLEY PATES CONDOMINIUM
2.39 ACRES (future condominium development area)
Commence at a point in the centerline of Spofford Circle (60' public right of way) at its
intersection with the centerline of Circle Street (public right of way), as the same is shown
on Map Book 6 Page 50 of the New Ilanover Cnunty Registry (the "Registry"); thence
North 82 degrees 07 minutes 25 seconds West a distance of 122.00 feet to a point; thence
North 78 degrees 05 ttinutes 58 seconds West a distance of 81.29 feet to a point; thence
North I 1 degrees 54 minutes 02 seconds Fast a distance of7.50 feel to a point; thence
North 47 degrees 16 minutes 26 seconds West a distance of39.44 feel to a point; thence
North 34 degrees 42 minutes 54 seconds East it distance of 160.86 feet to a point; thence
South 85 degrees Ill minutes 02 seconds East a distance of 25.35 feet to a point; thence
North 13 minutes 48 minutes 04 seconds Fn,st a distance of 117.82 feet to a point; thence
North 58 degrees 42 minutes 28 seconds East a distance of 21.25 feet to n point in the
southern right of Way line of Wrightsville Avenue (SR 1148 - public right of way); running
thence along anti with the southern right of way line of Wrightsville Avenue North 76
degrees 23 minutes (17 seconds West a distance of80.00 feet to the Point of Beginning; said
point of beginning being the northw"tcru corner of Phase One Trolley Path
Condominium, as the same is shown on a map thereof recorded in Condominium Plat Book
11, Page 191 thrnt 194 of the Registry; running thence along and with the western line of
Phase One South 31 degrees 17 minutes 32 seconds East a distance of 21.20 feet to a Point,
another corner of Phase One; running thence along and with the western line of Phase One
South 13 degrees 48 minutes 04 seconds West a distance of 68.13 feet to a point, another
corner of Phase One; running thence along rod with the western line of Phase One North
79 degrees 39 minutes 56 seconds West a distance of 104.31' to a point, another corner of
Phase One; running thence Along and with the western line of Phase One; South 32 degrees
41 minutes 22 seconds West n distance of 46.02 feet to point, said being the northeastern
corner of Phase Five Trolley Path Condominium, as the same is shown on a map thereof
recorded in Condominium Plat MK)k 12. Pages 57 thru 67 of the Registry; running thence
along and with the northern line of Phase Five North 58 degrees 23 minutes 49 seconds
West n distance of 80.51 feet to a point, said point being the northwestern corner of Phase
Five; running thence along and with the western line of Phase Five South 32 degrees 41
minutes 22 seconds West a distance of 142.42 feet to a point, said point being the
southwestern corner of of Phase Five; thence South 57 degrees 18 minutes 38 seconds East
a distance of 1110.97 feet to a point, .said point being the northwestern corner of Phase Two
Trolley Path Condominium, as the saute is shown on a map thereof recorded in
Condominium Plat Book 11, Pages 292 thru 294 of the Registry; running thence along and
with Elie western line of Phase Two Mrulh 32 degrees 34 minutes 41 seconds West a distance
of 104.92 feet to a point, said point bring the southwestern corner of Phase Two; running
thence along and with the southern line of Phase Two South 57 degrees 25 minutes 19
seconds East a distance or27.22 feet to it point, said point being northwestern corner of
Phase Four Trolley Path Condominium, as the same is shown on a map thereof recorded in
Condominium Plat Book 12, Pages 57 thru 67 of the Registry; running thence niong and
with the western line of Phase Fuur tioutb 32 degrees 04 minutes 33 seconds West a
distance of 1113.98 feet to it point in the northern right of way line of Colwell Avenue (u
Public right of way); running thence along and with the northern right of way line of
Colwell Avenue Nnrth 57 degrees 18 minutes 38 seconds West a distance of 408.78 feet to a
point iu the southern line of the CSX Railroad right of way; running thence along and with
the southern line of the CSX Railroad right of way NorHa 63 degrees 56 minutes 41 seconds
East a distance of 548.90 feel to a point in 1he south right of way line of Wrightsville
Avenue (Puhlit right of {Vay); running thence along and with the south right of way line of
Wri£hisviile Avenue (public tight ofrvay) South 76 degrees 23 minutes 07 seconds East a
distance of 131.55 feet to the Point of Beginning,
containing 2.39 acre, more or less.

� 1,

REBECCA T. CHRISTIAN
REGISTER OF DEEDS, NEW HANOVER
JUDICIAL BUILDING
316 PRINCESS STREET
WILMINGTON, NC 28401
!llrwlwwfr•iiriiRiiitiifNi!#iilfHiffi#iR#RRRiRifitRRfllRifififlMlflifMRM�##Ri!!#lRRIRRIR!!RR#RR!!filliiif#ifi#lRfffR
Filed For Registration: 09/2512002 04:40:30 PM
Book: RE 3447 Page: 128-129
Document No.: 2002047851
DEED 4 PGS $20.00
NC REAL ESTATE EXCISE TAX: $400.00
Recorder: MARVIS ANN STORER
fii#firiirrr#iwiiifiiriiiiririarrrr�eierwr#rriiiiriirrrrrilR�Rrr#riitr#rrirrfrfrrrfltrriRitrrririi!#f##fliriirrlrirrtirri
State of North Carolina, County of New Hanover
The forgoing certificate of REBEKAH D TAYLOR Notary is certified to be correct. This 25TH of September
2002
REBECCA T. CHRISTIAN , REGISTER OF DEEDS
Deputy/Asaretant Register of Deeds
•rlirwiiliiiiifiR*rwirrriirfR#riiriiiffff#irRiwwiwwrrriiwrririrrllRrrfrrrrRrrrrrrrrrrrrrrmRiirrr#irfwiifr�htirifr►ii+fi
*2002047851*
2002047851

+' O�OF W A7- gQ Michael F. Easley, Governor
William G. Ross Jr., Secretary
r North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E.,Director
p Division of Water Quality
Coleen H, Sullins, Deputy Director
Division of Water Quality
March 22, 2004
CERTIFIED MAIL #7002-1000-0005-2390-8658
RETURN RECEIPT REQUESTED
Mr. Dean Scarafoni, Owner
Live Oak Development Company
616 Princess Street
Wilmington, NC 28401
Subject: NOTICE OF VIOLATION:
Trolly Path Condos
Stormwater Permit No. SW8 970616
New Hanover County
Dear Mr. Scarafoni:
On November 21, 2003, Wilmington Regional Office personnel performed a Compliance
Inspection -of the-- subject, project, located on Whghtsvilie Avenue In VVifmingfon, New R nover
County, North Carolina. The inspection was performed to determine the status of compliance
with Stormwater Permit Number SW8 970616, issued to you on May 20, 1997.
The project has been found in violation of Stormwater Permit Number SW8 970616,
issued pursuant to the requirements of 15A NCAC 2H.1000. The violations found are:
A second inspection notice was sent via certified mail on January 29, 2004. No
attempt has been made by you or your staff to contact us regarding this matter.
Severe erosion is taking place in the South West corner of the rear pond. The
lamp post issue in the front pond has also not'been addressed, the area around
the lamp post is very unstable.
To correct these violations you must :
Silt fences need to be placed around areas of on -going and recent construction.
Huge rills and ruts have been created in the pond slopes due to the sediment
runoff in this area. The ruts must be filled and stabilized with grass ASAP. Fill the
hole around the lamp post ASAP.
Failure to provide the "Plan of Action" by April 25, 2004 or to correct the violations by the date
designated in the "Plan of Action", are considered violations of 15A NCAC 2H.1000, and may
result in the initiation of enforcement action. Enforcement action may include recommendations
for the assessment of civil penalties, pursuant to NCGS 143-215.6A. If you have any questions
concerning this matter, please call Gary Beecher at [phone]. Ext. 222
Sincerely,
Rick Shiver
Water Quality Regional Supervisor
RSS:Ighb S:IWQSISTORMWATINOTICE1970616
CC: Central Office
Gary Beecher
N. C. Division of Water Quality 127 Cardinal Drive Extension [phone] Customer Service
Wilmington Regional Office Wilmington, NC 28405 [phone] Fax [phone]
Sir
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(D&�'esfic Mail Only; No insurance Coverage Provided)
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OF WAr Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E.,Director
Division of Water Quality
Coleen H. Sullins, Deputy Director
Division of Water Quality
January 29, 2004
CERTIFIED MAIL #7002-1000-0005-2390-8689
RETURN RECEIPT REQUESTED
Trolly Path Condos
Live Oak Developement Co. _
616 Princess Street
Wilmington, NC 28401
NOTICE OF INSPECTION AND NON-COMPLIANCE
Trolly Path Condos
Stormwater Project No. SW8 970616
New Hanover County
Dear permittee:
Please find attached a copy of the completed form entitled "Stormwater Compliance
Inspection Report". The report summarizes the findings of a recent inspection of the
project's stormwater controls conducted on November 21, 2003 to determine
compliance with Stormwater Permit Number SW8 970616 issued on may 20, 1997.
A summary of the findings and comments are noted under Section 4 of the report.
Please inform this Office in writing before February 24, 2004 of the specific actions that
will be undertaken and the time frame required to correct the deficiencies. Failure to
provide the requested information, when required, may initiate enforcement action. If
you have any questions please contact me at the Wilmington Regional Office, telephone
number [phone].
Sincerely,
/4 //'/. _-_: � , " �_
Gary H. Beecher
Environmental Engineer
RSSlghb: S:IWQSISTORMWAT' INSPECT1970616.Nov03
cc: Mr. Phil Norris, P.E.
Wilmington Regional Office
Beth Weatherill ( New Hanover Co.)
N. C. Division of Water Quality 127 Cardinal Drive Extension [phone]
Wilmington Regional Office Wilmington, NC 28405 [phone] Fax
Customer Service
1 800 623-7748

F W A rk Michael F. Easley, Governor
.O `RQ' .` William G. Ross Jr., Secretary
�4 G North Carolina Department of Environment and Natural Resources
CIO
> Alan W. Klimek, P.E.,Director
0 Division of Water Quality
Coleen H. Sullins, Deputy Director
Division of Water Quality
January 29, 2004
CERTIFIED MAIL #7002-1000-0005-2390-8689
RETURN RECEIPT REQUESTED
Trolly Path Condos
Live Oak Developement Co.
616 Princess Street
Wilmington, NC 28401
NOTICE OF INSPECTION AND NON-COMPLIANCE
Trolly Path Condos
Stormwater Project No. SW8 970616
New Hanover County
Dear permittee:
Please find attached a copy of the completed form entitled "Stormwater Compliance
Inspection Report". The report summarizes the findings of a recent inspection of the
project's stormWater controls conducted on November 21, 2003 to determine
compliance with Stormwater Permit Number SW8 970616 issued on may 20, 1997.
A summary of th`e findings and comments are noted under Section 4 of the report.
Please inform this Office in writing before February 24, 2004 of the specific actions that
will be undertaken and the time frame required to correct the deficiencies. Failure to
provide the requested information, when required, may initiate enforcement action. If
you have any questions please contact me at the Wilmington Regional Office, telephone
number [phone].
Sincerely,
Gary H. Beecher
Environmental Engineer
RSSlghb: S:IWQSISTORMWATIINSPECT1970616.Nov03
cc: Mr''Phil Norris, P.E.
Wilmington Regional Office
Beth Weatherill ( New Hanover Co.)
N. C. Division of Water Quality 127 Cardinal Drive Extension [phone] Customer Service
Ir1 Wilmington Regional Offite Wilmington, NC 28405 [phone] Fax [phone] NCD

STORMWATER COMPLIANCE INSPECTION REPORT
Project Name: Trolly Path Condos
Project Number: 970616
Water Body: Burnt Mill Creek
Control Measure: Wet Ponds
Classification: C-Swamp
Directions to site: Wrightsville Ave ( CSX Railroad and Spofford Circle )
2. Inspection Date: November 21, 2003
Weather Conditions: Dry and Sunny
3. Compliance Issues:
Y N
❑ ❑ The drainage area (including offsite) and built -upon area to the permitted
system are per the approved plan. No unpermitted offsite drainage enters
the system.
❑ ❑ AII'the built -upon area associated with the project is graded such that the
runoff drains to the system.
❑ ❑ For pond slinfiltration, the outlet/bypass structure relative elevations are
per the approved plan. (Must be verified via as -built survey if in question).
❑ ❑ The inlets and outlet structure are located per the approved plans and do
not cause short-circuiting.
❑ A trash rack is provided over the outlet weir and orifice.
❑ All slopes are grassed with permanent vegetation and are not eroding.
❑ ❑ Vegetated slopes are no steeper than 3:1.
❑ ❑ The approximate amount of permitted surface area has been provided.
(Must be verified via as -built survey or designer's certification.)
❑ ❑ Required drawdown devices are correctly sized per the approved plans.
All required design depths are provided.
❑ ❑ All required parts of the system are provided, such as a vegetated shelf,
and a forebay.
❑ ❑ The designer's certification has been submitted.
❑ ❑ The required deed restrictions are correctly recorded and submitted.
❑ ❑ The number of lots or outparcels is per the permitted amount.
❑ ❑ The built -upon area on the lots or outparcels does not appear to exceed
the maximum amount (must be verified via as -built survey if in question)
❑ ❑ Curb outlet swales are constructed, located properly, are 100' long and
have dense vegetated cover.
❑ ❑ The road, cul-de-sac, parking lot and sidewalk widths are per the
approved plan.
❑ X Required maintenance is being performed.
❑ ❑ Outparcels have their own offsite permit.
❑ ❑ For low density projects, roadside swales are 3:1, vegetated and stable.
❑ ❑ For low density projects, there are no unpermitted pipes on the project.

4. Required Actions: (Explain each deficiency and what needs to be done to bring
the system back into compliance)
(a) The lamp post in the second detention pond is very unstable, the slope has blown out
and severe erosion is occurring. This area must be stabilized with grass or riptrap.
(b) Both Detention ponds are not being maintained as specified in the permit.
(C) The silt fence needs to be re-established and maintained in areas of on -going
construction to help minimize sediment transport off property.
(d) Slopes of both detention ponds need to be grassed to prevent further erosion from
taking place.
(e) Catch basins must also be cleaned periodically so they don't disrupt sediment flow.
Inspector: Gary H. Beecher
QualitylWilmington Regional Officel(910) 395-3900 Ex't: 222
RSSlghb: S:IWQSISTORMWATIINSPECT1970616.Nov03

File No. WQ
MEMORANDUM
DIVISION OF WATER QUALITY
TO:
Bob Sledge
FROM:
Rhonda Hall (('
THROUGH:
Rick Shiver
DATE:
August 19, 2004
SUBJECT:
Enforcement Action
PROJECT NO.:
SW8 970616
PROJECT NAME:
Trolley Path Condos
COUNTY.
New Hanover County
Dear Bob:
Attached please find the enforcement package for Mr. Dean Scarafoni, Live Oak
Development Company, with copies of appropriate supporting documentation. Please
forward this to the Director for his consideration and signature.
Thank You
RSS/arl: S:IWQSISTORMWATIENFPAC K1970616.aug04
cc: Rhonda Hall
Central Files
Page 4 of 8

LE
w1mill ITw�
STATE OF NORTH CAROLI NA
COUNTY OF New Hanover
IN THE MATTER OF:
Mr. Dean Scarafoni
Live Oak Development Company
FOR VIOLATIONS OF
15A NCAC 2H.1000
FAILURE TO COMPLY WITH TERMS
AND CONDITIONS OF A
STORMWATER MANAGEMENT PERMIT
NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT
AND NATURAL RESOURCES
File No. WQ
CIVIL PENALTY ASSESSMENT
Acting pursuant to North Carolina General Statutes (G.S.) 143-215.6A, and by
authority delegated to me in accordance with G.S. 14313-282.1(f), I, Alan W. Klimek,
P.E., Director of the Division of Water Quality (DWQ), Department of Environment and
Natural Resources (DENR), make the following:
FINDINGS OF FACT:
A. Live Oak Development Company, does not appear to be an active
Corporation. A search of the North Carolina Department of the Secretary
of States's Corporations Database revealed no results for Live Oak
Development Company.
B. Dean Scarafoni, Live Oak Development Company was issued State
Stormwater Permit No. SW8 970616 on August 22, 1997, for a high
density commercial stormwater project known as Trolley Path Condos.
C. Dean Scarafoni has completed the development of a site located on
Spofford Circle off of Wrightsville Avenue near its intersection with
Dawson Street in New Hanover County, as a commercial site known as
Trolley Path Condos.
D. On November 21, 2003, DWQ staff inspected the site and observed that
the facility was failing to act in accordance with the terms, conditions and
'requirements of their permit as required.by NCGS 143-215.1. Specifically
the approved Operation and Maintenance Plan was not being followed
and maintenance was not occurring at the schedule intervals as required
by Section 11.2 of the permit. The following violations of the permit were
noted:
1. Pond side slopes were not grassed with permanent vegetation
and were eroding;
2. The catch basins had accumulations of debris in them;
3. Pond side slopes were not being maintained in accordance with
approved plans and specifications;
4. Sediment was directly entering the pond from areas of on -going
construction that were adjacent to the pond.
Page.2 of 8

File No. WQ
E. On November 24, 2003, DWQ staff issued a Notice of Inspection and
Non -Compliance to Trolley Path Condos, Live Oak Development
Company. This notice requested that a written response be sent to the
WiRO before December 21, 2003. As of January 29, 2004, no response
had been received by this office.
F. On January 29, 2004, DWQ staff issued a second Notice of Inspection
and Non -Compliance to Trolley Path Condos, Live Oak Development
Company. This notice was sent by certified mail after no response had
been received from the first Notice of Inspection and Non -Compliance.
This notice requested that a written response be sent to the WiRO before
February 24, 2004. As of March 22, 2004, no response had been
.received by this office.
G. On March 22, 2004, DWQ staff issued a Notice of Violation to Mr. Dean
Scarafoni, Live Oak Development Company for Trolley Path Condos. This
notice was sent by certified mail after no response was received from the
first two Notices of Inspection and Non -Compliance. This notice
requested that a plan of action to correct the violations be submitted to the
WiRO by April 25, 2004.
H. On March 30, 2004, DWQ staff received an e-mail from Mr. Dean
Scarafoni, Live Oak Development Company. Mr. Scarafoni indicated in
this e-mail that he had spoken with the current owner of the property, Mike
Rokoski, about the violations at Trolley Path Condominiums. Mr.
Scarafoni also indicated that Mr. Rokoski said that he was aware of the
violations and that they had already been corrected.
On April 15, 2004, DWQ staff re -inspected the site after being informed by
Mr. Scarafoni that the deficiencies had been addressed. During this
inspection, DWQ staff observed that the facility was failing to act in
accordance with the terms, conditions and requirements of their permit as
required by NCGS 143-215.1. The following violations of the permit were
noted:
1. The slopes of the pond above the permanent pool elevation have been
stabilized with rip rap and are steeper than 3.1. Rip rap is not a
suitable permanent vegetated cover as specified in the rules;
2. Pond side slopes were not grassed with permanent vegetation and
"were eroding;
3.1."Sedimentation was directly entering the pond from areas of on -going
construction that were adjacent to the pond;
4. The facility had changed ownership without submitting a formal permit
request to the Division of Water Quality.
J. On April 16, 2004, DWQ staff issued a Notice of Inspection to Mr. Dean
Scarafoni, Live Oak Development Company for Trolley Path Condos.
K. On April 22, 2004, DWQ staff issued a Notice of Recommendation for
Enforcement to Mr. Dean Scarafoni, Live Oak Development Company for
Trolley Path Condominiums. This Notice of Recommendation for
Enforcement was sent by certified mail.
L On June 21, 2004, DWQ staff received the Notice of Recommendation for
Enforcement returned unclaimed.
Page 3 of 8

File No. WQ
M. One June 24, 2004, DWQ staff issued a Request to the Sheriff to Serve
the Notice of Recommendation for Enforcement.
N. On June 30, 2004, DWQ staff met at the site with Jay Taylor, the
contractor, hired to correct the deficiencies associated with the stormwater
management system, and came to a consensus as to what slopes could
remain riprapped due to the location of preserved trees and one building
that appears to extend over the slope just a little bit.
0. On July 2, 2004, DWQ received a written response from Mr. Dean
Scarafoni indicating that he had received a copy of the Notice of
Recommendation for Enforcement dated April 22, 2004. In addition, Mr.
Scarafoni indicated that he had made arrangements to have the
deficiencies associated with the stormwater management system
corrected. He also indicated that work had begun and that he would
follow-up to see that the work was completed to the Division's satisfaction.
He also requested that once the deficiencies had been corrected he would
appreciate being sent a change of ownership form.
P. On July 6, 2004, DWQ staff mailed an approved rip rap locations plan to
Mr. Dean Scarafoni (Owner), Mr. Phil Norris (Engineering Consultant), and
Mr. Jay Taylor (Contractor).
Q. On July 9, 2004, DWQ staff received a Return of Service form from the
New Hanover County Sheriff's Office indicating that the Notice of
Recommendation for Enforcement dated April 22, 2004 had been
personally delivered to Mr. Dean Scarafoni.
R. On August 13, 2004, DWQ staff issued a Letter of Clarification issued to
Mr. Dean Scarafoni, Live Oak Development Company. This letter
clarified:
(1)' That Permit SW8 970616 was issued on August 22, 1997 versus
May 20, 1997. The May 20, 1997 date had been inadvertently used
in three prior correspondences sent to Mr. Scarafoni;
(2) That a designer's certification had been received by this office on
May 29, 1998. This office had mistakenly indicated in two previous
correspondences that a designer's certification had not been
received by this office.
S. As of August 17, 2004, the facility appears to be out of compliance with
their permit. The rip rap on the pond slopes has not been removed, the
slopes have not been pulled back to 3:1,:-nor have they been repaired, and
reseeded.
T. Staff costs and expenses associated with detecting the violations, defining
their nature and extent, and bringing the enforcement action totaled
$267.48.
Page 4of8

VIMR.�►►►L��
Based on the above Findings of Fact, i make the following:
11. CONCLUSIONS OF LAW:
A. Mr. Dean Scarafoni, Live Oak Development Company, is a "person" within
the meaning of G.S. 143-215.6A pursuant to G.S. 143-212(4).
B. -New Hanover County is a coastal county as defined by 15A NCAC
2H.1002(4).
C. Mr. Dean Scarafoni, Live Oak Development Company, holds a valid
Stormwater Management Permit, Number SW8 970616, issued on August
221 1997, for the construction on Trolley Path Condos.
D. Mr. Dean.Scarafoni, Live Oak Development Company, violated Conditions
(11.2 c, d, a and f) of Stormwater Permit SW8 970616 by failing to perform
the permit stipulated repair and maintenance tasks.
E. Mt.. Dean.Scarafoni, Live Oak Development Company, violated Condition
111..1 of Stormwater Permit SW8 970616 by failing to notify the Division of
Water Quality of a change of ownership of the facility.
F. G.S. 143-215.6A(a) (6) provides that a civil penalty of not more than ten
thousand dollars per violation may be assessed against a person who
violates a rule of the Commission implementing Part I of Article 21.of the
North Carolina General Statues.
G. G.S. 143-215.3(a)(9) provides that the reasonable costs of any
investigation, inspection or monitoring survey may be assessed against a
person who violates any rules, standards, or limitations adopted by the
Environmental Management Commission or violates any terms or
conditions of any permit issued pursuant to G.S. 143-215.1, or special
order or other document issued pursuant to G.S. 143-215.2
Page 5 of 8

File No. WQ
Based on the above Findings of Fact and Conclusions of Law, I make the
following:
III. DECISION:
In determining the amount of the penalties, I have taken into account the
Findings of Fact and Conclusions of Law, and have considered each and every factor
set out in G.S. 143B-282.1.
Accordingly, Dean Scarafoni, Live Oak Development Company, is assessed a
civil penalty of:
$
for violating Condition 11.2.c of Permit SW8 970616
by failing to maintain vegetation on the side sloped of
the pond.
$
for violating Condition 11.2.d of Permit SW8 970616
by failing to immediately -repair the eroded areas of
the pond.
$
for violating Condition 11.2.e of Permit SW8 970616
by failing to maintain the side slopes of the pond in
accordance with approved plans and specifications.
$
for violating Condition 11.2.f of Permit SW8 970616
by failing to remove debris and unclog catch basins.
$
for violating Condition 111.1 of Permit SW8 970616
by failing to notify the Division of Water Quality of a
change of ownership of the facility.
$
TOTAL CIVIL PENALTY which is percent
of the maximum penalty authorized by G.S. 143-
215.6A(a).
$ 267.48
Enforcement costs.
$
TOTAL AMOUNT DUE
DATE Alan W. Klimek, P.E., Director
Division of Water Quality
Page 6 of 8

File No. WQ
DIVISION OF WATER QUALITY
ENFORCEMENT CASE ASSESSMENT FACTORS
Type: File No. WQ
Violator: Mr. Dean Scarafoni, Live Oak Development Company
Address: 616 Princess Street
Wilmington, NC 28401
Regional Office: Wilmington
The degree and extent of harm to the natural resources of the State, to the public
health, o� to private property resulting from the violation: If the stormwater
management system is not appropriately constructed and properly
maintained it will not operate at its optimal efficiency. This could result in
stormwater runoff from this high density site entering surface waters
without receiving adequate treatment, which could potentially introduce
sediment and pollutants into waters of the State.
2. The duration and gravity of the violation: The violations of the permit were first
noted during a November 21, 2003 compliance inspection. As of August
17, 2004.the facility still appears to be out of compliance with their permit.
3. The effect on ground or surface water quantity or quality or on air quality:
Without .appropriately constructed and properly maintained stormwater
management measures, the effect on surface waters may be to introduce
sediment and pollutants into waters of the State.
4. The cost of rectifying the damage: Unknown.
,,
5. The amount of money saved by noncompliance: Those cost associated with
appropriately constructing and properly maintaining an appropriate
stormwater management system.
6. Whether the violation was committed willfully or intentionally: Mr. Dean
Scarafoni, Live Oak Development Company has been informed repeatedly
of the existing deficiencies at Trolley Path Condos. This Division of Water
Quality has given Mr. Scarafoni, Live Oak Development Company several
chances to correct the deficiencies at Trolley Path Condos. As of this time,
only minimal work has been done to corret the deficiencies at Trolley Path
Condos:
7. The prioc'record of the violator in complying or failing to comply with programs
over which the Environmental Management Commission has regulatory
authority: Unknown.
8. The cost to the State of the enforcement procedures:
Hours 7.5 hours $19.85 = $148.88
Mileage + 60 miles @$.31 = $ 18.60
Administrative Costs - $100.00
Total = $267.48
Page 7 of 8

File No. WQ
9. Type of violator and general nature of business (i.e. Individual vs. large
corporation): The violator is a real estate development company.
10. Violators, degree of cooperation (including efforts to prevent or restore) or
recalcitrance: Mr Dean Scarafoni, Live Oak Development Company, has
been issued:
a) Three Notices of Inspection and Non -Compliance dated, November 24,
2003, January 29, 2004 and and April 16;
b) One Notice of Violation dated March 22, 2004;
c) One Notice of Recommendation for Enforcement dated April 22, 2004.
This Notice had to be delivered by the Sheriff's Office.
Following the Notice of Recommendation for Enforcement, Mr. Scarafoni
hired a contractor to correct the deficiencies associated with the
stormwater management system. DWQ staff met with the contractor at the
site on June 30, 2004, and came to a consensus as to what would be
required to correct the deficiencies (all rip rap on the pond slopes, except
for the areas of the preserved trees and the one building that appears to
extend over the slope just a little bit, must be removed, the slopes must be
pulled back to 3:1, repaired, and reseeded). Following the June 30, 2004,
meeting,the engineering consultant for Mr. Scarafoni contacted this office
concerning the removal of rip rap from the pond slopes. DWQ staff
provided a marked up plan, with the areas where rip rap could remain
identified, to Mr. Scarafoni (Owner), Phil Norris (Engineering Consultant),
and Jay Taylor (Contractor).
The contractor was preparing to take the required corrective action needed
to correct the deficiencies during the early part of July, 2004; however, it
appears•that the contractor was pulled off the job. As of August 17, 2004
the facility is out of compliance with their permit. The rip rap on the pond
slopes has not been removed, the slopes have not been pulled back to 3:1,
nor have they been repaired and reseeded.
11. Mitigating Circumstances: None.
12. Owner of property where the discharge occurred: Mr. Dean Scarafoni.
13. Pictures of problem area: ®yes ❑no
14. Assessment Factors:
a) IWC'.� NIA
b) Receiving Stream: Burnt Mill Creek/C SWI Class
c) Stream index Number: 18-74-63-2
d) SOC/JOC statuslnegotiations:N/A
e) Copy of MP Screen: NIA
f) Copy of Limits Page in Permit: NIA
g) Damage: NIA
E
?4
Si
Page 8 of 8
•f

Trolley Path Condos — SW8 970616
Pictures of Site
June 6, 2004 & August 17, 2004
Chronologyi
August 22, 1997 Permit SW8 970616 issued to Mr. Dean Scarafoni, Live
Oak Development Company for Trolley Path Condos.
November 24; 2003 Notice of Inspection and Non -Compliance issued to Trolley
Path Condos, Live Oak Development Company.
January 29, 2004 Notice of Inspection and Non -Compliance issued to Trolley
Path Condos, Live Oak Development Company.
March 22, 2004 Notice of Violation issued to Mr. Dean Scarafoni, Live Oak
Development Company for Trolley Path Condos.
March 30, 2004 Email from Mr. Dean Scarafoni, Live Oak Development
Company.
April 16, 2004 Notice of Inspection to Mr. Dean Scarafoni, Live Oak
Development Company for Trolley Path Condos.
April 22, 2004 Notice of Recommendation for Enforcement to Mr. Dean
Scarafoni, Live Oak Development Company for Trolley
Path Condominiums.
June 24, 2004 Request to the Sheriff to Serve the Notice of
Recommendation for Enforcement.
July 2, 2004 Written response from Mr. Dean Scarafoni, Live Oak
Development Company.
July 9, 2004 Return of Service form from the New Hanover County
!: Sheriff's Office.
August 13, 2004 Letter of Clarification issued to Mr. Dean Scarafoni, Live
Oak Development Company for Trolley Path
Condominiums.

i O
"� r�Fw�' � ^sts�r' � .��� t e.•u.�"�'� r^� - ..,�r"�;

Trolley Path Condos — SW8 970616 - August 17, 2004
Area of Two Preserved Trees
Rip Rap Around Section 1 of Pond
Building That Appears To Extend Over The Slope
Rip Rap Around Section 2 of Pond

T- olle;: PZth Condominiums
Subject: Trolley Path Condominiums
From: "Dean Scarafoni" <dean][e-mail]>
Date: Tue, 30 Mar 2004 10:40:01 -0500
To: <[e-mail]>
Mr. Shiver,
I spoke with the current owner of the property, Mike Rokoski, about the violations that I was notified
of. He said that he was aware of the violations and that they had already been corrected.
We will both await your inspection and receipt of the necessary change of ownership document,
which will be promptly executed. Please let me know if any further work is required or if you have
additional questions. Thank you.
Dean Scarafoni
Live Oak Development Company
616 Princess Street
Wilmington, NC 28401
Ph: 910-762-4356
Fax: [phone]
e-mail: dscarafoni aliveoakdev.com
web site: www.liveoakdev.com
1 of 1 ' 8/20/2004 10:00 AM

Re 'roll Path
Subject: Re: Trolley Path
From: Linda Lewis <[e-mail]>
Date: Wed, 07 Jul 2004 17:23.14 -0400
To: "Amy Norris / Norris, Kuske & Tunstall Engineers" <[e-mail]>
Phil:
I have marked up a plan with the areas where I can allow the riprap to remain, and
sent it to you, Mr. Scarafoni, and Mr. Taylor. All other riprap on the pond slopes
must be removed, the slopes pulled back to 3:1, repaired, and reseeded (with
netting, mulch, etc.) or sodded. Sod is preferable since this is an established
pond. To save some money, but only with the current owner's blessing, sod can be
applied in a checkerboard pattern and allowed to fill in over the bare spots as
time goes by.
The approved plans did not show any riprap, nor was any approved for use other than
under the inlet pipe in the forebay. Additionally, the rules do not provide for any
pond slope stabilization material other than grass.
Linda
Amy Norris / Norris, Kuske & Tunstall Engineers wrote:
Linda,
In order not to create a potential erosion problem, can we modify the plan to
show where rip rap exists and leave it there?
Phil
At 10:35 AM 7/6/04, you wrote:
Phil:
As far as I know there is really nothing to discuss. I talked to the contractor,
Jay Taylor, last Wednesday, and we came to a concensus as to what slopes could
remain riprapped due to the location of preserved trees and one building that
appears to extend over the slope just a little bit.
I do not want to create an erosion problem, however, the approved plans clearly
show rip rap only around the inlet pipe in the forebay. The use of rip rap
outside of the inlet pipe was not approved.
T will mark up a plan with approved locations for riprap for this pond and send
it to you.
Linda
Amy Norris / Norris, Kuske & Tunstall Engineers wrote:
Linda,
I need to talk to you about the rip rap in the retention ponds at ?Tolley
Path. when can we meet?
Thank you.
Phil Norris
Amy S. Norris for Phil Norris, P.E.
Norris, Kuske, & Tunstall Consulting Engineers, Inc.
902 Market Street
Wilmington, NC 28401
910.343.9653
1 of 2 7/7/2004 5:23 PM

Rej rrolley,Path
') I
I I I
910.343.9604 (Fax)
Amy S. Norris
Norris, Kuske, & Tunstall Consulting Engineers, Inc.
902 Market Street
Wilmington, NC 28401
910.343.9653
910.343.9604 (Fax)
2 of 2 7/7/2004 5:23 PM

LIV.E,OAK• DEVELOPMENT COMPANY
September 30,'2004'
Rhonda Hall '
NC Division of Water Quality ;
127 Cardinal Drive Extension ,
Wilmington, NC 28405-3845
Re: Stormwater Project No. SW8 970616
Trolley Path Condos
Dear W. Hall:
have contracted with,Seaside Lawn'and Landscaping for corrective action plan number 2, as described in
your letter of September 14. When the work is completed I will provide you with a recert i ficati on'. from the
project engineer, Phil Norris.
3
Si`'�erely,�
can Sca f�ni 7OC-_T
President
616 PRINCESS STREET • WILMINGTON, NC 28401 [phone] FAX: [phone]
www.liveoakdev.com

0F'#VA7-4�4 Michael F. Easley, Governor
' p William G. Ross Jr., Secretary
'Q North Carolina Department of Environment and Natural Resources
> Alan W. Klimek, P.E.,Director
p Division of Water Quality
Coleen H. Sullins, Deputy Director
Division of Water Quality
June 24, 2004
REQUEST TO SHERIFF TO SERVE DOCUMENT
New Hanover County Sheriffs Department
20 North 4th Street
Wilmington, NC 28401
RE: Service of Document upon
Stormwater Project Number SW8 970616
Dear Sheriff:
The Department of Environment and Natural Resources has been unable to serve the
enclosed document upon Dean Scarafoni. The document is a Notice of
Recommendation for Enforcement, sent certified mail # 7002 1000 0005 2389 8164,
dated April 22, 2004, and returned to the Division on June 21, 2004. The original official
document is attached, and one copy of the Notice of Service. A money order for $5.00
is also enclosed.
The address for Dean Scarafoni is:
Live Oak Development Company
616 Princess Street
Wilmington, NC 28401
Please return the original of the completed Notice of Service with a copy of the
Document and a receipt for the $5.00 fee to me as soon as possible. If you have any
questions or problems, you can contact me at the letterhead address, by phone at (910)
395-3900, or by e-mail at [e-mail].
Thank you very much for your cooperation in this matter.
Sincerely,
V�1_.iC_.. [,/
Rick Shiver
Water Quality Regional Supervisor
RSSlarl: S:IWQSISTORMWATISHERIFF1970616.jun04
cc: Phil Norris, P.E., Norris, Kuske & Tunstall
Linda Lewis
Bob Sledge
N. C. Division of Water Quality 127 Cardinal Drive Extension [phone]
Wilmington Regional office Wilmington, NC 28405 [phone] Fax
Customer Service
.1 800 623-7748

STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
IN THE MATTER OF NOTICE OF VIOLATION )
)
AND INTENT TO ENFORCE }
STATE STORMWATER MANAGEMENT }
PERMIT NO. SW8 970616 )
TO: New Hanover County Sheriff:
NOTICE OF SERVICE
YOU ARE HEREBY REQUESTED to serve the attached documents in the above
entitled action to the individual listed below:
Dean Scarafoni
Live Oak Development Company
616 Princess Street
Wilmington, NC 28401
This the 24th of June, 2004, by
,3
Rick Shiver
Water Quality Regional Supervisor
127 Cardinal Drive Extension
Wilmington, NC 28405
RETURN OF SERVICE
I certify that this Notice of Service was delivered on the
20 , at the following -address
BY:
❑ delivering copies to him/her personally.
❑ leaving copies with , who is a
person of suitable age and discretion and who works in the named
individual's place of business or resides in the named individual's
dwelling.
If not served on the named individual, please state reason:
Fee: $5.00
Paid:
By:
New Hanover County Sheriff
Date:
day of

;� OF NIATFR Michael F. Easley, Governor
p William G. Ross Jr., Secretary
�O G North Carolina Department of Environment and Natural Resources
c Alan W. Klimek, P.E.,Director
-� Division of Water Quality
Coleen H. Sullins, Deputy Director
Division of Water Quality
April 22, 2004
CERTIFIED MAIL 7002 1000 0005 2389 8164
RETURN RECEIPT REQUESTED
Mr. Dean Scarafoni
Live Oak Development Company
616 Princess Street
Wilmington, NC 28401
Subject: NOTICE OF RECOMMENDATION FOR ENFORCEMENT
Trolley Path Condominiums
Stormwater Permit No. SW8 970616
New Hanover County
Dear Mr. Scarafoni:
This letter is to notify you that the Wilmington Regional Office of the Division of Water
Quality is considering sending a recommendation for enforcement action to the Director
of the Division of Water Quality. The recommendation concerns the violations of North
Carolina General Statute NCGS 143-215.6A(2), failing to act in accordance with the
terms, conditions and requirements of a ermit required by NCGS 143-215.1. You have
constructed a stormwater management facility that is not in accord with the approved
plans; you have failed to routinely maintain the permitted facility; you have failed to
notify the Division of a change of ownership of the facility; and you have failed to submit
the required Designer's Certification.
On November 24, 2003, and January 29, 2004, you were sent a Notice of Inspection
and Non -Compliance regarding the deficiencies in the permitted Wet detention pond.
On March 24, 2004, you were sent a Notice of Violation. You indicated to the Division
that the deficiencies had been addressed, however, a re -inspection on April 15, 2004,
revealed that several of the noted deficiencies still exist.
If you have an explanation for these violations that you wish to present, please respond
in writing to me within ten (10) days following receipt of this Notice. Your explanation will
be reviewed and forwarded to the Director with the enforcement package for
consideration. By copy of this letter to the Building Inspector, this Office is requesting
that the Building Inspector consider withholding building permits and Certificates of
Occupancy for this project until this matter is satisfactorily resolved. If you have any
questions concerning this matter, please contact Linda Lewis or me at [phone].
Sincerely,
I,� C-A/,
Rick Shiver
Water Quality Regional Supervisor
RSSlarl: S:IWQSISTORMWATIENFLET R1970616.apr04
CC" Tony Roberts, New Hanover County Building Inspections
Bob Sledge
Wilmington Regional Office
Central Files
N. C. Division of Water Quality 127 Cardinal Drive Extension [phone] Customer Service M
Wilmington Regional Office Wilmington, NC 28405 [phone] Fax [phone] NCDEII`:R

RICHARD S. SHIVER 6497
SHARON A. SHIVER
DLN 2704349 1798810
451 MYTREE RD. 910-392-3422 Date L! Li � �f' 66-1 02504
WILMINGTON, NC 28409-5749
Pay to the -
Order of '2"\-<
l �.' � — �_ � �4•_—t' _ .-r - -Dollars
BRU IIIII
BRANCH BANIQNG AND TRUST COMPANY
WILMINGTON, NORTH CAROLINA c L A s s 1 C
':
L':; t.;...:t i„,w:c; 'y;r' -- mac:`: -t..^: :.'r.i : 7 ..r„ .; �:. ryt 'n�.• ..x. 7 t c .-.tii_'+ri
In

�0 W A TF�p Michael F. Easley, Governor
`O G William G. Ross, Jr., Secretary
�!3 r North Carolina Department of Environment and Natural Resources
0 Alan W. Klimek, P.E. Director
Division of Water Quality
August 13, 2004
CERTIFIED MAIL 7002-2410-0003-1721-3135
RETURN RECEIPT REQUESTED
Mr. Dean Scarafoni
Live, Oak-Development•Company_---.---._._.__...k.._,_.------ w_......_..___......._._..._.._..._..__..._._..._._ _-_-___-
616 Princess Street
Wilmington, NC 28401
Subject: LETTER OF CLARIFICATION
Stormwater Project No. SW8 970616
Trolley Path Condos
New Hanover County
Dear Mr. Scarafoni:
This office is preparing a recommendation for enforcement action against Live Oak Development
Company for Trolley Path Condos to be sent to the Director of the Division of Water Quality. The
recommendation concerns the violations of North Carolina General Statute NCGS 143-215.6A(2), failing to
act in accordance with the terms, conditions and requirements of a permit required by NCGS 143-215.1.
During the process of preparing the recommendation for enforcement action, this office found the
following clarifications that need to be made to some of the correspondences that were previous sent to you:
1. Two notices of inspection and non-compliance that were issued to you on November 24, 2003
and January 29, 2004 and a notice of violation that was issued to you on March 22, 2004
indicated that Stormwater Permit Number SW8 970616 was issued on May 20, 1997. This
permit was actually issued on August 22, 1997.
A notice of inspection that was issued to you on April 16, 2004 and a notice of .
recommendation for enforcement that was issued to you on Apri122, 2004 indicated that the
required designer's certification had not been submitted to this office. However, a review of
your files revealed that a designer's certification was received by this office on May 29, 1998.
Sincerely,
Rhonda Hall
Environmental Engineer
l
RSS/:rbh S:IWQSISTORMWATIADDINF0120041970616.aug04
cc: Phil Norris, P.E.
Wilmington Regional Office No"nhcarol
Rhonda Hall ,Natural,
North Carolina Division of Water Ouality . ., 127 Cardinal Drive Extention -.. _ Phone [phone] • Customer Service 1 -
877-623�748
Wilmington Regional Office Wilmington, NC 28405 FAX [phone] Internet:
h2o.enrstate.nc.us
An Equal Oppodunity/Affirmative Action Employer - 50% Recycled110% Post Consumer Paper

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1. 1 Starting at on N CARDINAL DR going towards GEORGE TRASK DR - go 0.4 mi
PA
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Turn 0 on EASTWOOD RD - go 0.8 mi
3.
Continue on MARKET ST - go 2.6 mi
4.
Turn 0 on COLONIAL DR - go 0.5 mi
5.
Continue on COLONIAL DR/FOREST HILLS DR - go 0.1 mi
6.
Continue on COLONIAL DR - go 0.3 mi
7.
Turn on WRIGHTSVILLE AVE - go 0.2 mi
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127 Cardinal Dnve Extentior
2308 Wn htsvllle Av
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lWilmington NC 28403
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lsgu
r
co
Q c
June 24, 2004
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
REQUEST TO SHERIFF TO SERVE DOCUMENT
New Hanover County Sheriffs Department
20 North 4th Street
Wilmington, NC 28401
RE: Service of Document upon
Stormwater Project Number SW8 970616
Dear Sheriff:
Alan W. Klimek, P.E.,Director
Division of Water Quality
Coleen H. Sullins, Deputy Director
Division of Water Quality
The Department of Environment and Natural Resources has been unable to serve the
enclosed document upon Dean Scarafoni. The document is a Notice of
Recommendation for Enforcement, sent certified mail # 7002 1000 0005 2389 8164,
dated April 22, 2004, and returned to the Division on June 21, 2004. The original official
document is attached, and one copy of the Notice of Service. A money order for $5.00
is also enclosed.
The address for Dean Scarafoni is:
Live Oak Development Company
616 Princess Street
Wilmington, NC 28401
Please return the original of the completed Notice of Service with a copy of the
Document and a receipt for the $5.00 fee to me as soon as possible. If you have any
questions or problems, you can contact me at the letterhead address, by phone at (910)
395-3900, or by e-mail at [e-mail].
Thank you very much for your cooperation in this matter.
Sincerely,
c�LJ C- V_ /t�
Rick Shiver
Water Quality Regional Supervisor
RSSlarl: S:1WQSISTORMWATISHERIFF1970616.jun04
cc: Phil Norris, P.E., Norris, Kuske & Tunstail
Linda Lewis
Bob Sledge
C'N,
C. Division of Water Quality
Wilmington Regional Office
127 Cardinal Drive Extension [phone] Customer Service.
Wilmington, NC 28405 [phone] Fax [phone] NCDEi.#

STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
IN THE MATTER OF NOTICE OF VIOLATION )
AND INTENT TO ENFORCE )
STATE STORMWATER MANAGEMENT )
)
PERMIT NO. SW8 970616 )
TO: New Hanover County Sheriff:
RECETNjFD
JUL 0``�9 2004
7BY:
NOTICE OF SERVICE
YOU ARE HEREBY REQUESTED to serve the attached documents in the above
entitled action to the individual !isted below:
Dean Scarafoni
Live Oak Development Company
616 Princess Street
Wilmington, NC 28401
This the 24th of June, 2004, by
Rick Shiver
Water Quality Regional Supervisor
127 Cardinal Drive Extension
Wilmington, NC 28405
RETURN OF SERVICE
certify that this Notice of Service was delivered on the 30 day of
Tu /V E 20 (9q, at the following address:
6 /6 1091'XCES5 67 �i`Li'7 �'iu GZo ti N, <f.
BY:
'P delivering copies to him/her personally.
❑ leaving copies with , who is a
person of suitable age an discretion an who works in a named
individual's place of business or resides in the named individual's
dwelling.
If not served on the named individual, please state reason:
Fee: $5.00 7, A. e4o5,6y
Paid: New Hanover County Sheriff
By:
By:
Date:

CAPE FEAR RIVER BASIN
Name of Stream Subbasin Stream Index Number Map Number Class
Bulldog Cut
CPF20
18-6B-23
J26SE2
C;Sw
Bullhead Branch
CPF20
18-68-18-1
I26NW9
C;SW
Bulltail Creek
CPF20
18-6B-18-2
I26NW9
C;Sw
Bulltail Creek
CPF22
18-74-29-3-1
H26SW7
C;Sw
Burdens Creek
CPF05
16-41-1-17-1-(0.3)
D23NW9
C;NSW
Burdens Creek
CPF05
16-41-1-17-1-(0.7)
D23NW9
WS-IV;NSW
Burgaw Creek
CPF23
18-74-39
I27SW6
C;Sw
Burn Coat Creek
(Maxwell Millpond)
CPF22
18-74-17
G27SE5
C;Sw
'Burnt Mill Creek
"CPF23
18-74-63-2
K27NW2
C; SW
Burris Creek
CPF17
18-86-8-2-3
L27NW7
SA;HQW
Bush Creek
CPF05
16-41-4-(0.3)
D22SE5
WS-IV;NSW
Bush Creek
CPF05
16-41-4-(0.7)
D22SE5
WS-IV;NSW,CA
Bush Creek
CPF09
17-15
D20SW7
C
Bush Creek
CPF07
18-6
E22SE9
C
Butler Branch
CPF14
18-23-16-8-3
F22SW4
WS-III
Butler Creek
CPF24
18-87-18
J28SW4
SA;ORW
Buttermilk Creek
CPF02
16-14-5
C20NE3
WS-II;HQW,NSW
Buxton Branch
CPF20
18-66-18-9
I26SE4
C;Sw
Buzzard Bay
CPF17
18-88-8-2
L27NW7
SA;HQW
Buzzard Branch
i
CPF15
18-2B-3
G23SE7
C
CAPE FEAR RIVER
CPF07
is-(1)
E22SE2
WS-IV
CAPE FEAR RIVER
CPF11
18-(1)
E22SE2
WS-IV
CAPE FEAR RIVER
CPF07
18-(4.5)
E22SE6
WS-IV;CA
CAPE FEAR RIVER
CPF07
18-(5.5)
E22SE6
WS-V
CAPE FEAR RIVER
CPF07
18-(10.5)
E23SW8
WS-IV
CAPE FEAR RIVER
CPF07
18-(16.3)
F23NE8
WS-IV;CA
CAPE FEAR RIVER
CPF07
18-(16.7)
F23NE8
WS-IV
CAPE FEAR RIVER
CPF13
18-(16.7)
F23NE8
WS-IV
CAPE FEAR RIVER
CPF07
16-(20.3)
F24SW5
WS-IV;CA
CAPE FEAR RIVER
CPF13
18-(20.3)
F24SW5
WS-IV;CA
CAPE FEAR RIVER
CPF14
13-(20.3)
F24SW5
WS-IV;CA
CAPE FEAR RIVER
CPF07
18-(20.7)
F24SW5
WS-V
CAPE FEAR RIVER
CPF14
1B-(20.7)
F24SW5
WS-V
CAPE FEAR RIVER
CPF15
16-(20.7)
F24SW5
WS-V
CAPE FEAR RIVER
CPF15
18-(23.5)
G24NW4
WS-IV
CAPE FEAR RIVER
CPF15
18-(25.5)
G23SE1
WS-IV;CA
CAPE FEAR RIVER
CPF15
18-(26)
G23SE4
C
CAPE FEAR RIVER
CPF16
18-(26)
G23SE4
C
CAPE FEAR RIVER
CPF16
18-(49)
I25SW4
WS-V
CAPE FEAR RIVER
f
CPF16
16-(53.5)
I25SWB
WS-IV
CAPE FEAR RIVER
CPF16
18-(58.5)
J25NE8
WS-IV;CA
CAPE FEAR RIVER
CPF16
18-(59)
J25NEB
WS-IV;Sw
CAPE FEAR RIVER
CPF16
18-(62.5)
J26SW1
WS-IV;Sw,CA
CAPE FEAR RIVER
CPF17
18-(62.5)
726SW1
WS-IV;Sw,CA
CAPE FEAR RIVER
CPF17
18-(63)
726SW1
C;Sw
CAPE FEAR RIVER
CPF20
18-(63)
J26SW1
C;Sw
CAPE FEAR RIVER
CPF17
18-(71)
J27SW7
SC
CAPE FEAR RIVER
(excluding area described
CPF17
18-(87.5)
L27NW1
SA;HQW
below)
Cabin Branch
CPF15
18-31-8
021SE5
C
Cabin Branch
CPF21
18-74-8-3
G27NW6
C;Sw
Cabin Branch
CPF22
18-74-24-1-1-1
H26SE3
C;Sw
Cabin Creek
CPF10
17-26-5-(1)
F209W1
WS-III
Cabin Creek
CPF10
17-26-5-(7)
F20NE4
WS-III;CA
Page 5 of 30
8

` , Registered Agent
Page 1 of 1
Elaine F Marshall
Secretary
Corporations
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01999 Senate Bills,
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North Carolina
DEPAR"TMEN T OFTHE
SECRETARY of S TATE
PO Box 29622 Raleigh, NC 27626-0622 [phone]
Registered Agent Information
Agent Name Scarafoni, Dean
Businesses that this Agent
Represents ...
Entity Name Type Status Formed
Bay Shores Estates Property
Owners Association, Inc.
CYPRESS BAY PROPERTY
OWNERS' ASSOCIATION, INC.
HIDDEN HARBOR PROPERTY
OWNERS' ASSOCIATION, INC.
Live Oak NC, LLC
PELICAN POINT DOCK
OWNERS' ASSOCIATION, INC.
Pelican Point Property Owners'
Association, Inc.
PORTERS NECK CENTER, INC.
Scarafoni Associates NC, Inc.
TROLLEY PATH CONDOMINIUM
ASSOCIATION, INC.
Records Returned 1 to 9
NP
Current -Active
1/19/1995
NP
Current -Active
11/7/1994
NP
Current -Active
7/23/1993
LLC
Current -Active
8/19/2004
NP
Current -Active
8/4/1995
NP
Current -Active
1/27/1994
BUS
Current -Active
4/6/1995
BUS
Current -Active
12/2/1992
NP
Current -Active
10/20/1998
Please note this may not be a complete list of companies represented by this agent. Data
from the old system has many duplicate entices. So we will need to combine all information
about an entity into one record.
For questions or comments about the North Carolina Secretary of State's web site, please send e-mail to Webmaster.
For questions or comments concerning the Corporations Division, please send e-mail to Corporations Administrator
Click here for help downloading forms.
L.
http://www.sccretaryi state.nc.us/Corporations/soskb/agent.asp? 1927893
9/13/2004

Wilmington (NC) Real Estate - New Hanover County Home Development - Live Oak De... Page 1 of 2
f 1, 11F, � OR I I E- liff-I Of M E- Nit � C 0- &YP
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dies;calgrrrrt;'�ur�uc�rci::!}lrrrt��.N,, ttrrrnl,Kt°Prc'�r�ltit�r�n
Ser1 reer' rllre:ratcrn.rrulirr�rs
E-mail this page to a friend!
616 Princess St., Wilmington, North Carolina 28401
Phone: [phone], Toil Free: 800-958-5263, Fax: [phone]
E-Mall: [e-mail]
Add this;page to,:your',Favoritesl,_
-E.
• Home • About Live Oak • Commercial Developments •
• Commercial Properties For Lease • Commercial Properties For Sale •
• Tenant & Investor Representation • Waterfront Communities •
• Tell Us Your Needs,* Press Releases • Favorite Links • Business Connections
Web Design & Hosting By: Advanced Access © 2001
http://www.liveoakdev.com/ 8/10/2004

Wilmington (NC) Real Estate - New Hanover County Homes for Sale - Dean Scarafoni Page 1 of 2
Live Oak Development Company Profile
Live Oak Developmerit Company is a real estate development firm based in Wilmington, North
Carolina. Formed in 1992, the company built and marketed several successful waterfront
communities on the North Carolina Coast during the mid-1990s. Since that time, Live Oak has
focused on commercial development, including neighborhood shopping centers and urban
mixed -use properties.
For more information on Live Oak Development Company, contact Dean Scarafoni at 1-800-
958-5263 or [e-mail].
Live Oak Properties Profile
Live Oak Properties is the commercial brokerage and representation division of Live Oak
Development Company. We provide specialized real estate services for retailers, developers,
investors and commercial brokers in Eastern North Carolina and Eastern South Carolina.
For more information on Live Oak Properties see our Tenant & Investor Representation page or
contact Steve Mazure'at 1-800-956-5263 or [e-mail].
Principles
Our principles have over 30 years combined experience in the commercial real estate industry.
Dean Scarafoni
Dean Scarafoni has been active in real estate leasing and development since 1984. He
specializes in retail leasing and site selection. He is also President of Live Oak Development
Company.
Dean holds a bachelor's degree in history from the University of California, San Diego, and a
master's degree in business administration from Boston College.
Steve Mazure
Steve Mazure began his commercial real estate career in 1986 with the Princeton, NJ office of
Cushman & Wakefield. He later worked for CB Commercial. Steve has extensive experience
with national retail and office tenants. He specializes in tenant representation, site selection and
investor representation.
httpJ/www.liveoakdev.com/aboutmain.htm 8/10/2004

. Wilmington (NC) Real Estate - New Hanover County Homes for Sale - Dean Scarafoni Page 2 of 2
Steve holds a bachelor's degree in economics from Rutgers University.
• Home • About Live Oak • Commercial Developments •
• Commercial Properties For Lease • Commercial Properties For Sale •
• Tenant & Investor Representation • Waterfront Communities •
• Tell Us Your Needs • Press Releases • Favorite Links • Business Connections •
Web Design and Hosting By: Advanced Access © 2001
http://www.liveoakdev.com/aboutmain.htm 8/10/2004

DWQ staff along with Mr. Scarafoni and Mr. Norris then discussed the requirements of current state
stormwater regulations in regard to vegetation being required on the basin side slopes. The current
regulations require that the basin side slopes for the storage volume above the permanent pool shall be
stabilized with vegetation down to the permanent pool level and that all side slopes being stabilized with
vegetative cover shall be no steeper than 3:1 (horizontal to vertical). Following this discussion DWQ staff
agreed that rip rap could be left on the basin side slopes above the temporary pool and below the permanent
pool elevations as long as the basin side slopes were no steeper than 3.1.
With regards to the Trolley Path Condo site, the following two potential corrective action plans were
discussed:
1. Total Removal of Rip Rap - Except For Areas Marked On The Enclosed Rip Rap Location Plan
Removal of all rip rap from the basin side slopes, pulling the slopes back to no steeper than 3:1, and
stabilizing the slopes with vegetative cover. Due to site specific conditions the areas mentioned in
paragraph 3 above and marked on the enclosed rip rap location plan could remain rip rapped.
2. Partial Removal of Rip Rap In Areas of The Basin Side Slopes That Are Already No Steeper
Than 3:1 - Except For Areas Marked On The Enclosed Rip Rap Location Plan
a. Removal of all rip rap from the basin side slopes that are currently.steeper than 3:1, pulling the
slopes back to no steeper than 3:1, and stabilizing the slopes with vegetative cover. Due to site
specific conditions the areas mentioned in paragraph 3 above and marked on the enclosed rip rap
location plan could remain rip rapped.
b. Removal of the rip rap between the temporary pool and the permanent pool elevations from the
basin side slopes that are currently no steeper than 3:1 and stabilizing those sections of slope with
vegetative cover. Again, Idue to site specific conditions the areas mentioned in paragraph 3 above
and marked on the enclosed rip rap location plan could remain rip rapped.
Required Action By Owner
Provide this office with a written corrective action plan.
Implement'corrective action plan in a timely manner.
Have the stormwater system recertified and provide this office with a certification from an
appropriate designer for the system installed certifying that the permitted facility has been installed in
accordance with the permit, the approved plans and specifications, and other supporting
documentation. Any deviations from the approved plans and specifications must be noted on the
Certification. This system will need to be recertified, as this office is unable to determine if the
stormwater management system was ever built in accordance with the approved plans and
specifications.
I have enclosed a copy of the revised approved rip rap location plan. If you have any question please contact
me at the Wilmington Regional Office, telephone number [phone].
Sincerely,
'-� f.-O
Rhonda Hall
Environmental Engineer
RSS/:rbh S:1WQSlSTORMWATIADDINFO\20041970616.sep04
cc: Phil Norris, P.E.
Wilmington Regional Office
Rhonda Hall

o�OF W A TFRQG
C) -c
Mr. Dean Scarafoni
Live Oak Development Company
616 Princess Street
Wilmington, NC 28401
Dear Mr. Scarafoni:
Michael F. Easley, Governor
William G. Ross, Jr., Secretary
North Carolina Department of Environment and Natural Resources
September 14, 2004
Subject: September 3, 2004 Meeting
Stormwater Project No. SW8 970616
Trolley Path Condos
New Hanover County
Alan W. Klimek, P.E. Director
Division of W ater Quality
A meeting was held at the Department of Environment and Natural Resources, Wilmington Regional Office on
September 3, 2004. Attending this meeting were:
DWQ_Staff Facility Affiliations
Rick Shiver Dean-Scarafoni, Owner
Linda Lewis Phil Norris, Engineering Consultant
Rhonda Hall
The purpose of this meeting was to:
1. discuss the deficiencies at Trolley Path Condos;
2. discuss site specific conditions that need to be considered in the development of a corrective action
plan;
a. location of preserved trees
b. location of building #8 that appears to extend over the basin slope just a little bit
C. location of existing parking spaces
3. discuss potential corrective actions for addressing the deficiencies at Trolley Path Condos.
DWQ staff along with Mr. Scarafoni and Mr. Norris reviewed the approved rip rap location plan dated July 6,
2004. After some discussion. of site specific conditions at this site, DWQ staff agreed that rip rap could remain in
the following locations:
1. Area around.the preserved trees;
2. Area around a section of building 48 that appears to extend over the basin slope just a little bit;
3. Area around northeast end of the basin due to existing parking lot;
4. Area around'inlets of sections 1 and 2 of the basin;
5. Area around,outIet structure of the basin.
North Carolina Division of Water Quality 127 Cardinal Drive Extension Phone [phone] Customer Service 1-877-623-6748
Wilmington Regional Office Wilmington, NC 28405-3845 FAX [phone] Internet: h2o.encstate.mus - One
An Equal Opportunity/Affirmative Action Employer — 50% Recycledl10% Post Consumer Paper NorthCaroli na
�rrturrr!!�

I✓t--A! I V EJJJ State Stormwater Management Systems
MAY 2 9 199$ Permit No SW8 970616
TO: NC DENR/Division of Environmental
Water Quality Section
127 Cardinal Drive Extension
Wilmington, NC 28405-3845
RE: Trolley Path Condos
Stormwater Permit N . SW8 97 6616
New Hanover Count
A&K Project No. 97113
Engineer's Certification
L John Phillip Norris , as a duly registered Professional Engineer in the State of
North Carolina, having been authorized to observe (periodically, weekiy, fulle) the construction of the project,
Trolley Path Condos High Density Commercial Stormwater Project (Project)
for Live Oak Development Company (Project Owner) hereby state that, to the best of my abilities, due
care and diligence were used in the observation of the project construction such that the construction was observed
to be built within substantial compliance and intent of the approved plans and specifications.
Noted deviations from approved plans and specifications:
Sigr
Reg
Dau
cc:
Dean Scarafoni/Live Oak Development Company
Egg �°
CONSULTING ENGINEERS, INC.
902 Market Street Wilmington, NC 28401-4733
CA Rp �''•.
S E A L
• r

Date Design Andrew'and Kuske Sheet
0000
51) sf �7 202 N. Fifth Ave. CONSULTING ENGINEERS, INC. Wilmington, N.C. 28401 G Of
21Check Job %"'T47"� �jTc�j�.rtNATGt'L ' ForJob No.
-7121�l '77/ 13
C,17Z,!!�r - 6a Aoc, ' - L /%7G
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715
z
4�or5(.FT�—
Our6E i P/�G
STORMWATER
E C E I v E
JUL 2.5 1997
PROD # E
CPi

Date;
Desig
Andrew and Kuske
5hee3
J
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CONSULTING ENGINEERS, INC.
202 N. Fifth Ave. Wilmington, N.C. 28401
Of .�
Check
Job 5-rgTF-
For mere � ��� 5
Job No.
✓TrI Tom' c i t�.C✓Y�'H.�if 7�.�:� �'L�C".L/� � ��,�5
2,77�Gr
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pECEAVE
J U N 31997
D
PAOJ #
M O
/2 /'o/ (-;�/ C-9sJ f- X4 /O, 960, 77 C
r� y
,5/oy v�.oc p�Z = 22.5 lvb5� �Tz
.Z���rs/G,h F ;• .?�F��iGN Hof' QD ib 7� � ��/,1pl�iil L.
�7D 6 '�� �� % .�n�c%r✓�o��
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y9S D ITz
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%6'��1 rhoth�,�2

Dated
Design
Andrew and Kuske
Sheet
202 N. Fifth Ave. CONSULTING ENGINEERS, INC, Wilmington, N.C. 28401
Of
Check
Job iGT'� i� �`/VJAT? =- For
Job No.
11276,
�`r3
G 147r = /7Z�
Du7-�.e P��
Qo C v�c� = zz , o cfs

Date :.
Design,.
Andrew and Kuske
��rsR 7
f`
� �
CONSULTING ENGINEERS, INC.
202 N, Fifth Ave. Wilmington, N.G. 28401
rNo.
Check
Job ���C.,Jam,-,
For s
4, 7/ c,
�I,�� ✓ICJI./�' = Z - 7-7
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20- TEpjT) o 0 ro rJo 5 F�0 2 TE»? c-T P

DETENTION POND ANALYSIS
PROJECT* SW8 970616
PROJECT NAME: Trolley Path Condos
Drainage Basin: Burnt Mill Creek
FILE NAME: S:1WQS\POND1970616.WK1
REVIEWE ARL
DATE:
Claw. C SW
Site Area 205168 square feet
Drainage Area 205168 square feet
Area in Acres 4.71000918 acres
IMPERVIOUS AREA
% IMPERVIOUS
Buildings
Concrete
Asphalt
TOTAL
58.81%
SURFACE AREA CALCULATION
SA/DA
Req. SA
Prov. SA
0631ILI] LTA :901.1vX9111 WTV 00 ilk I
34613 square feet
square feet
86048 square feet
square feet
Pond Depth
2.829%
............ 1t8bW � - square feet
fi055. square feet
Bottom
16
MSL
Perm. Pool
M L
Design Pool
24
MSL
Design SA
8980
square feet
Req. Volume
9904.44167
cubic feet
Prov. Volume
275i25�!".-.
cubic feet
ORIFICE CALCULATION
22-Aug-97
Chlorides; We!
6.5 TSS:
[From plan Contours]
[From plan Contours]
Rv= 0.5792975
SA @
Elevation=
Ell
Avg. Head = 0.71875 ft
Flow 02, cfs 0.06525608 Area, in 2 2.301974 Dia 2, inches 1.712006
Flow Q5, cfs. 0.02610243 Area, in' 0.920789 Dia 5, inches 1.082768
' ::: I ; ; ' ' ; :�' ' Engineer uses:::,: "' Inches Area = 1.7671459 in2
Q. cfs = 0.0500948 Drawdown 60530:12days
...........
COMMENTS .
Surface area, Volume and Orifice are within Design Guidelines,

State of North Carolina
-Department of Environment,
• Health and Natural Resources
Wilmington Regional Office
Division of Water Quality
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary
A. Preston Howard, Jr., P.E=., Director
August 22, 1997
Mr. Dean Scarafoni, Owner
Live Oak Development Company
616 Princess Street
Wilmington, NC 28401
Subject: Permit No. SW8 970616
Trolley Path Condos
High Density Commercial Stormwater Project
New Hanover County
Dear Mr. Scarafoni:
The Wilmington Regional Office received the Stormwater Management Permit Application for Trolley Path Condos on .Tune
13, 1997, with final information on August 22, 1997. Staff review of the plans and specifications has determined that the
project, as proposed, will comply with the Stormwater Regulations set forth in Title 15A NCAC 2H.1000. We are
forwarding Permit No. SW8 970616 dated August 22, 1997, for the construction of Trolley Path Condos.
This permit shall be effective from the date of issuance until August 22, 2007, and shall be subject to the conditions and
limitations as specified therein. Please pay special attention to the Operation and Maintenance requirements in this permit.
Failure to establish an adequate system for'operation and maintenance of the stormwater management system will result
in future compliance problems.
If any parts, requirements, or limitations contained in this permit are unacceptable, you have the right to request an
adjudicatory hearing upon written request within thirty (30) days following receipt of this permit. This request must be
in the form of a written petition, conforming to Chapter 150B of the North Carolina General Statutes, and filed with the
Office of Administrative Hearings, P.O. Drawer 27447, Raleigh, NC 27611-7447. Unless such demands are made this
permit shall be final and binding. 1
If you have any questions, or need additional information concerning this matter, please contact Linda Lewis, or me at
[phone],
Sincerely,
Rick Shiver, P.G.
Acting Regional Water Quality Supervisor
RSS/arl: S:IWQSISTORMWATIPERMIT1970616.AUG
cc: Phil Norris, P.E.
Tony Roberts, New Hanover County Inspections
Beth Easley, New Hanover County Engineering
David Mayes, P.E., City of Wilmington Engineering
Linda Lewis
Wilmington Regional Office
Central Files
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer

State Stormwater Management Systems
Permit No. SW8 970616
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT, HEALTH AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
HIGH DENSITY DEVELOPMENT
In accordance with the provisions of Article 21 of Chapter 143, General Statutes of North Carolina as amended, and other
applicable Laws, Rules, and Regulations
PERMISSION IS HEREBY GRANTED TO
Live Oak Development Company
Trolley Path Condos
New Hanover County
FOR THE
construction, operation and maintenance of a detention pond in compliance with the provisions of 15A NCAC 2H .1000
(hereafter referred to as the "stormwater rules") and the approved stormwater management plans and specifications and
other supporting data as attached and on file with and approved by the Division of Water Quality and considered a part of
this permit.
This permit shall be effective from the date of issuance until August 22, 2007 and shall be subject to the following specified
conditions and limitations
I. DESIGN STANDARDS
1. This permit is effective only with respect to the nature and volume of stormwater described in the application and
other supporting data.
2. This stormwater system has been approved for the management of stormwater runoff as described on page 3 of this
permit, the Project Data Sheet. The stormwater control has been designed to handle the runoff from 120,661 square
feet of impervious area.
3. Approved plans and specifications for this project are incorporated by reference and are enforceable parts of the
permit.
0)

State Stormwater Management Systems
} Permit No. SW8 970616
DIVISION OF WATER QUALITY
PROJECT DATA SHEET
Project Name: Trolley Path Condos
Permit Number: 970616
Location:
New Hanover County
Applicant:
Mr. Dean Scarafoni, Owner
Mailing Address:
Live Oak Development Company
616 Princess Street
Wilmington, NC 28401
Application Date:
June 13, 1997
Water Body Receiving Stormwater Runoff:
Burnt Mill Creek
Classification of Water Body:
"C Sw"
If Class SA, chloride sampling results:
n/a
Pond Depth:
6.5' feet
Permanent Pool Elevation:
22.5 FMSL
Total Impervious Surfaces Allowed:
120,661 square feet
Offsite Area entering Pond:
none per Engineer
Required Surface Area:
5,803 square feet
Provided Surface Area:
6,055 square feet
Required Storage Volume:
9,904 cubic feet
Provided Storage Volume:
11,276 cubic feet
Temporary Storage Elevation:
24 FMSL
Controlling Orifice:
1.5" pipe
c

State Stormwater Management Systems
Permit No. SW8„270616
4. The tract will be limited to the amount of built -upon area indicated on page 3 of this permit, and per approved
plans.
5. The permittee is responsible for verifying that the proposed built -upon area does not exceed the allowable built -
upon area.
6. The following items will require a modification to the permit:
a. Any revision to the approved plans, regardless of size.
b. Project name change.
C. Transfer of ownership.
d. Redesign or addition to the approved amount of built -upon area.
e. Further subdivision of the project area.
f. Filling in, altering, or piping of any vegetative conveyance shown on the approved plan.
In addition, the Director may determine that other revisions to the project should require a modification to the
permit.
The Director may notify the permittee when the permitted site does not meet one or more of the minimum
requirements of the permit. Within the time frame specified in the notice, the permittee shall submit a written time
schedule to the Director for modifying the site to meet minimum requirements. The permittee shall provide copies
of revised plans and certification in writing to the Director that the changes have been made.
H. SCHEDULE OF COMPLIANCE
The permittee will comply with the following schedule for construction and maintenance of the stormwater
management system:
a. The stormwater management system shall be constructed in it's entirety, vegetated and operational for it's
intended use prior to the construction of any built -upon surface except roads.
b. During construction, erosion shall be kept to a minimum and any eroded areas of the system will be
repaired immediately.
2. The permittee shall at all times provide the operation and maintenance necessary to assure the permitted stormwater
system functions at optimum efficiency. The approved Operation and Maintenance Plan must be followed in its
entirety and maintenance must occur at the scheduled intervals including, but not limited to:
a. Semiannual scheduled inspections (every 6 months).
b. Sediment removal.
c. Mowing and revegetation of side slopes.
d. Immediate repair of eroded areas.
e. Maintenance of side slopes in accordance with approved plans and specifications.
f. Debris removal and unclogging of outlet structure, orifice device and catch basins and piping.
g. Access to the outlet structure must be available at all times.
3. Records of maintenance activities must be kept and made available upon request to authorized personnel of DWQ.
The records will indicate the date, activity, name of person performing the work and what actions were taken.
4. This permit shall become voidable unless the facilities are constructed in accordance with the conditions of this
permit, the approved plans and specifications, and other supporting data.
n

State Stormwater Management Systems
peinit No. SW$ 970616
5. Upon completion of construction, prior to issuance of a Certificate of Occupancy, and prior to operation of this
permitted facility, a certification must be received from an appropriate designer for the system installed certifying
that the permitted facility has been installed in accordance with this permit, the approved plans and specifications,
and other supporting documentation. Any deviations from the approved plans and specifications must be noted on
the Certification.
6. A copy of the approved plans and specifications shall be maintained on file by the Permittee for a minimum of ten
years from the date of the completion of construction.
7. Prior to the sale of any portion of the property, an'access/maintenance easement to the stormwater facilities shall
be granted in favor of the permittee if access to the stormwater facilities will be restricted by the sale of any portion
of the property.
III. GENERAL CONDITIONS
This permit is not transferable. In the event there is a desire for the facilities to change ownership, or there is a
name change of the Permittee, a formal permit request must be submitted to the Division of Water Quality
accompanied by an application fee, documentation from the parties involved, and other supporting materials as may
be appropriate. The approval of this request will be considered on its merits and may or may not be approved.
2. Failure to abide by the conditions and limitations contained in this permit may subject the Permittee to enforcement
action by the Division of Water Quality, in accordance with North Carolina General Statute 143-215.6A to 143-
215.6C.
3. The issuance of this permit does not preclude the Permittee from complying with any and all statutes, rules,
regulations, or ordinances which may be imposed by other government agencies (local, state, and federal) which
have jurisdiction.
4. In the event that the facilities fail to perform satisfactorily, including the creation of nuisance conditions, the
Permittee shall take immediate corrective action, including those as may be required by this Division, such as the
construction of additional or replacement stormwater management systems.
5. The permittee grants DEHNR Staff permission to enter the property for the purpose of inspecting all components
of the permitted stormwater management facility.
The permit may be modified, revoked and reissued or terminated for cause. The filing of a request for a permit
modification, revocation and reissuance or termination does not stay any permit condition.
Permit issued this the 22nd day of August, 1997.
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
ti - r .V._ `�_ L-, k'"J �_ tr
L j tom. Preston Howard, Jr,, P.E., Director
Division of Water Quality
By Authority of the Environmental Management Commission
Permit Number SWS 970616
M

State Stormwater Management Systems
Trolley Path Condos
Stormwater Permit No. SW8 970616
New Hanover County
Engineer's Certification
I, , as a duly registered Professional Engineer in the State of North
Carolina, having been authorized to observe (periodically/weekly/full time) the construction of the project,
(Project)
for (Project Owner) hereby state that, to the best of my abilities, due care and
diligence was used in the observation of the project construction such that the construction was observed to be built within
substantial compliance and intent of the approved plans and specifications.
Noted deviations from approved plans and specification:
Signature
Registration Number
Date
T

A&K # 97113
DIVISION OF WATER QUALITY
NORTH CAROLINA STORMWATER MANAGEMENT PERMIT APPLICATION
I. GENERAL INFORMATION
(Please print clearly or type)
1. Project Name: Trolley Path
2. Location, directions to project (include County, Address, State Road) Attach map. New Hanover County, on
Wrightsville Avenue between CSX Railroad and Spofford Circle
3. Owner's Name: Live Oak Development Company Phone: [phone]
4.Owner's Mailing Address: 616 Princess Street
City Wilmington State NC Zip 28401
5. Nearest Receiving Stream U.T. Burnt Mill Creek
6. Project description Residential townhouse development
II. PERMIT INFORMATION
1. Permit No.ar, be filled in by DWQ) J� / OC Y I �[l
Class C-Swamp
2. Application Date May 20 1997 V-2S'q-4 Fee enclosed $ 385.00
3. Permit Type _X New _ Renewal Modification(existing Permit No.)
4. Proj Type Low Density —2L Detention_ Infiltration Redevelop General Alter Offsite
5. Other State/Federal Permits/Approvals Required (check appropriate blanks)
CAMA Major Sedimentation/Erosion Control X 404 Permit
III. BUILT UPON AREA (Please see NCAC 211,1005 thru . 1007for applicable density limits)
Drainage Drainage * Breakdown pf Impervious Area
Sw Basin (Please indicate below the design impervious area)
Classification
C Swamp
Existing Built -upon Area
0
Proposed Built -upon Area
2.77 Ac.
Total Project Area
4.71 Ac.
% Impervious Area
5 8.8%
Buildings f I�p f 3 5
Streets
Parking/SW
94, DV6 5tc
Other
Totals %2D (pLv/ Oe— 2.77 44C
IV. STORMWATER TREATMENT (Describe how the ranof uvill be treated)
Detention pond

-.V. DEED RESTRICTIONS AND PROTECTIVE COVENANTS
Deed restrictions and protective covenants are required to be recorded for all low density projects and all
subdivisions prior to the sale of any lot. Please see Attachment A for the specific items that must be recorded for
the type of project applied for.
By your signature below, you certify that the recorded deed restrictions and protective covenants for this project
shall include all the items required by the permit, that the covenants will be binding on all parties and persons
claiming under them, that they will run with the land, that the covenant cannot be changed or deleted without
concurrence from the State, and that they will be recorded prior to the sale of any lot.
VI. OWNER'S CERTIFICATION
I, Dean Scarafoni, Owner _ , certify that the information included on this permit
(Please print or type name clearly)
application form is correct, that the project will be constructed in conformance with the approved plans, that the
deed restrictions will be recorded with all required permit conditions, and that to the best of my knowledge, the
proposed project complies,yvith the requirements of 15A NCAC 2H.1000.
I authorize the below r #04 person or firm to submit stormwater plans on my behalf.
Agent Signature and
VII. AGENT AUTHORIZATION (MUST BE COMPLETED)
J. Phillip Norris, P.E.
Person or firm name Andrew & Kuske Co nsultingg'neers. Inc.
Mailing Address _ 902 Market Strut_
City Wilmington _ State NC Zip 284 1 PPhone _ 910-343-9653
Please submit application, fee, plans and calculations to the appropriate Regional Office.
cc: Applicant/WiRO//Central Files
OMcgWATER
se Only
ST
E C E I V E
J U N 1 31997
D
D E M
PROD #

A&K #97113
POND MAINTENANCE REQUIREMENTS
Project Name: Trolley Path
Responsible Party: Live Oak Development Company
Address: 616 Princess Street, Wilmington, NC 28401
Project Number: ql ou i(Q
Phone Number: 910-762-4356
I. Inspect monthly, or after every runoff -producing rainfall event, whichever comes first
A. Remove debris from the trash rack.
B. Check and clear the orifice of any obstructions. If a pump is used as the drawdown mechanism, check
for pump operation.
C. Check the pond side slopes; remove trash, repair eroded areas before the next rainfall event.
D. If the pond is operated with a vegetated filter, check the filter for sediment accumulation, erosion and
proper operation of the flow spreader mechanism. Repair as necessary.
111. Quarterly
A. Inspect the collection system (i.e., catch basin, piping, grassed swales) for proper functioning. Clear
accumulated trash from basin grates and basin bottoms, and check piping for obstructions.
B. Check pond inlet pipes for undercutting, replace riprap, and repair broken pipes.
C. Reseed grassed swales, including the vegetated filter if applicable, twice a year as necessary. Repair
eroded areas immediately.
lll. Every 6 months
A. Remove accumulated sediment from the bottom of the outlet structure.
B. Check the pond depth at various points in the pond. If depth is reduced to 75% of original design depth,
sediment will be removed to at least original design depth. STORMWATER'
E C E I V E
JUN
1 31s97
PROJ # &AA&CP%1&

POND MAINTENANCE REQUIREMENTS CONTINUED
PAGE 2
IV. General
A. Mow the side slopes, not including normally submerged vegetated shelf, according to the season.
Maximum grass height will be 6".
B. Cattails, and other indigenous wetland plants, are encouraged along the pond perimeter; however, they
must be removed when they cover the entire surface area of the pond.
C. The orifice is designed to draw down the pond in 2-5 days. If drawdown is not accomplished in that
time, the system may be clogged. The source of the clogging must be found and eliminated.
D. All components of the detention pond system must be kept in good working order.
V. Special Requirements,
I, Dean Sc-,
responsible party
Certification of C
Signature:
, hereby acknowledge that I am the financially
of this detention pond, I will perform the maintenance as outlined above, as part of the
Stormwater Regulations received for this project.
L Date: !S 1 a O I Ct ,-7
I, A_j I4A ��� J A CO b 5 , a Notary Public for the State of Nor- Ji Ca. r-d 1 i',>JA ,
County of M e u) Hai _ c v.,c r , do hereby certify that ' S r f} rd r.l I'
personally appeared before me this o d�- ]--� day of M Q \/ , 19 9 ' , and
acknowledge the due execution of the foregoing instrument. Witness my hand and official seal,
SEAL ,
My Commission Expires: �}C�. C) Don s

� stnrF 6�
1
•� prr •�
State of North Carolina
Department of Environment, Health, and Natural Resources
Wilmington Regional Office
James B. Hunt, Jr. Division of Water Quality Jonathan B. Howes
Governor Water Quality Section Secretary
July 8, 1997
Mr. Phil Norris, P.E.
Andrew and Kuske
902 Market Street
Wilmington, NC 28401
Subject: ACKNOWLEDGEMENT OF RECEIPT AND
REQUEST FOR ADDITIONAL INFORMATION
Stormwater Project No. SW8 970616
Trolley Path Condos
New Hanover County
Dear Mr. Norris:
The Wilmington Regional Office received a Stormwater Management Permit Application for Trolley
Path Condos on June 13, 1997. A preliminary review of that information has determined that the application
is not complete. The following information is needed to continue the stormwater review-
/ 1. Complete the breakdown section of the permit application.
2. Provide a typical unit footprint with dimensions, and all open wood decks, covered wood
decks, and concrete areas identified.
✓ 3. Provide dimensions for the parking, walks and drives, including curb and gutter.
f 4. Delineate all wetlands on site, or note on the plans that none exist.
5, Provide dimensions for the permanent pool of the ponds. 40,-9-4
�6. Has all off -site drainage been rerouted around the proposed pond?
�
,/7. Note the width of the vegetated filter and the bottom elevation of the forebay on the detail.
127 Cardinal Drive Extension, Wilmington, N.C. 28405-3845 0 Telephone [phone] • Fax [phone]
An Equal opportunity Affirmative Action Employer

..N
Mr. Norris
July 8, 1997
Stormwater Project No. SW8 970616
8. Recalculate the orifice size using an average head of 1.512 = .75' , not .5' as you show; this
results in a too large orifice.
Please note that this request for additi6nal information is in response to a preliminary review. The
requested information should be received by this Office prior to August 8 1997, or the application will be
returned as incomplete. The return of a project will necessitate resubmittal of all required items, including
-the application fee.
If you have any questions concerning this matter please feel free to call me at [phone].
Sincerely,
4�' A 4A'k�
Ms. Linda Lewis
Environmental Engineer
RSSlarl: S:1WQSISTORMWATIADDINF01970616.JUL
cc: Linda Lewis
Central Files
127 Cardinal Drive Extension, Wilmington, N.C. 28405-3845 0 Telephone [phone] • Fax [phone]
An Equal Opportunity Affirmative Action Employer

DIVISION OF WATER QUALITY A&K # 971 13
NORTH CAROLINA STORMWATER MANAGEMENT PERMIT APPLICATION
I. GENERAL INFORMATION
(Please print clearly or type)
1. Project Name: Trolley Path
2. Location, directions to project (include County, Address, State Road) Attach map. New Hanover County, on
Wrightsville Avenue between CSX Railroad and Spofford Circle
I Owner's Name: Live Oak Development Company
4.Owner's Mailing Address:
City Wilmington
616 Princess Street
5. Nearest Receiving Stream U.T. Burnt Mill Creek
6. Project description Residential townhouse development
II. PERMIT INFORMATION
1. Permit No. (To be filled in by DWQ) 15w y g7001
Phone: [phone]
State NC Zip 28401
Class C-Swamp
2. Application Date May 20, 1997 - _ Fee enclosed $ 385.00
3. Permit Type �X� New Renewal Modification(existing Permit No ) _
4. Proj Type Low Density __X_ Detention— Infiltration Redevelop - General Alter Offsite
5. Other State/Federal Permits/Approvals Required (check appropriate blanks)
CAMA Major Sedimentation/Erosion Control X 404 Permit
III. BUILT UPON AREA (Please see NCRC 2H.1005 thru .1007 for applicable density limits)
Drainag
Drainag Breakdown of Impervious Area
BA1
Bas m (Please indicate below the design impervious area)
Classification
C Swamp
Buildings
Existing Built -upon Area
0
Streets
Proposed Built -upon Area
2.77 Ac.
Parking/SW
Total Project Area
4.71 Ac.
Other
% Impervious Area
58.8%
Totals
IV. STORM WATER TREATMENT (Describe how the runoff will be treated)
Detention pond

John R. Andrew, P.E.
Andrew & Kuske fJd J,A. Kuske, P,E,
CONSULTING ENGINEERS, INC, J. Phillip Norris, P.E.
902 Market St. • Wilmington, North Carolina 28401-4733 • Telephone [phone] • Fax [phone]
August 21, 1997
NC DEHNR
Division of Water Quality
127 Cardinal Drive Extension
Wilmington, NC 28405-3845
Attn: Ms. Linda Lewis
Re: Additional Information
Stormwater Project No. SW8 970616
Trolley Path Condominiums - New Hanover County
A&K Project No. 97113
Dear Ms. Lewis:
AUG 2 2 1997
3Y:
We have received your letter of August 21, 1997 regarding the subject project and are
responding to your comments as follows:
1. We have changed the orifice size to 1.5" to meet the required detention time.
2. We have modified the dimension for the permanent pool of the southern -most
portion of the pond to read 31.5'.
We have enclosed two sets of revised plans. Please let us know if you need additional
information.
Sincerely,
ANDRE & KUSKE
CON V. G ENGINE RS, INC.
Phillip Norris, E.
JPN/sbs
enclosure
cc: Dean Scarafoni/Live Oak Development Co.
97113-1

1k
i mywmwm�ww
Aug 21 '97 10 :39
?K:: 9-3439604
i
i?dst,.Ir FaxANoolla,
7671
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Mee #
Mne R
FAX N
Fax
State of North Carolina
Department of Environment, �ealth, and Natural Resources
Wilmington Regional Office
James B. Hunt, Jr, Mvision of Water Quality Wayne McDevitt
Governor Water Quali# Section Secretary
August 21, 1997
Mr. Phil Norris, P.E.
Andrew and Kuske
902 Market Street
Wilmington, NC 29401
Subject:
Dear Mr. Norris:
MT FOR ADDITIONAL INFORMATION
iwater Project No. SW8 970616
�y Path Condos
Hanover County
The Wilmington Regional Office received previously requested information for the Stormwater Management
Permit Application for Trolley Path Condos on July 25, 1997. A preliminary review of that information has
determined that the application is not complete. The folloring information is needed to continue the stormwate'r
rcvicw:I
1. When using .a two day time to determine the orifice size, the resulting diameter is as, big as it is
.allowed to be to meet the drawdown requimment. By rounding the size UP, you automatically ntak.e
the' orifice too large to meet the requirement. I have always suggested determining both the 2 day snd
5 day sizes, and choosing one in between. In this cage, the size range I calculate is 1,08" to 1.71",
Revising to a 1.25" or 1.5" will meet the required detention time,
2. The 40' dimension for the permanent pool cif the southern -most portion of the pond scales 32' . The
overali'dimension, however, does scale 40'.
Phase note that this request for additional informatio is in response to a preliminary review. The requested
information should' bc? rocciycd by this Office .prior to Scpt6mber 21, 1997, or the application will be returned as
incomplete. The return; of 'a projoct will necessitRtc resubmiall of all required items, including the application fee. If
you have any questions concerning this matter please feel fret to call me at [phone].
Sincerely,
�lC.uitJ

4
State of North Carolina
Department of Environment, Health, and Natural Resources
Wilmington Regional Office
James B. Hunt, Jr. Division of Water Quality Wayne McDevitt
Governor Water Quality Section Secretary
August 21, 1997
Mr. Phil Norris, P.E.
Andrew and Kuske
902 Market Street
Wilmington, NC 28401
Subject: REQUEST FOR ADDITIONAL INFORMATION
Stormwater Project No. SW8 970616
Trolley Path Condos
New Hanover County
Dear Mr. Norris:
The Wilmington Regional Office received previously requested information for the Stormwater Management
Permit Application for Trolley Path Condos on July 25, 1997. A preliminary review of that information has
determined that the application is not complete. The following information is needed to continue the stormwater
review:
When using a two day time to determine the orifice size, the resulting diameter is as big as it is
allowed to be to meet the drawdown requirement. By rounding the size UP, you automatically make
the orifice too large to meet the requirement. I have always suggested determining both the 2 day and
5 day sizes, and choosing one in between. In this case, the size range I calculate is 1.08" to 1.71".
Revising to a 1.25" or 1.5" will meet the required detention time.
2. The 40' dimension for the permanent pool of the southern -most portion of the pond scales 32'. The
overall dimension, however, does scale 40'.
Please note that this request for additional information is in response to a preliminary review. The requested
information should be received by this Office prior to September 21, 1997, or the application will be returned as
incomplete. The return of a project will necessitate resubmittal of all required items, including the application fee. If
you have any questions concerning this matter please feel free to call me at [phone].
Sincerely,
Ms. Linda Lewis
Environmental Engineer
RSS/arl: S:1WQSISTORMWATIADDINF01970616.AUG
cc: Linda Lewis
Central Files
127 Cardinal Drive Extension, Wilmington, N.C. 28405-3845 • Telephone [phone] • Fax [phone]
An Equal Opportunity Affirmative Action Employer

_= John R. Andrew, P.E.
Andrew & Kuske J.A, Kuske, P.E.
CONSULTING ENGINEERS, INC. J. Phillip Norris, P.E.
902 Market St. • Wilmington, North Carolina 28401-4733 • Telephone [phone] . Fax [phone]
July 24, 1997
NC DEHNR / Wilmington Regional Office
Division of Water Quality / Water Quality Section
127 Cardinal Drive Extension
Wilmington, NC 28405-3845
Attn: Ms. Linda Lewis, Environmental Engineer .
Re: Trolley Path Condominiums
Stormwater Project No. SW8 970616
A&K Project No. 97113
Dear Ms. Lewis:
We have received your letter of July 8, 1997 concerning the subject project and are
responding as follows:
1. The breakdown section of the permit application has been completed and is
enclosed.
2. We have enclosed a complete set of architectural drawings prepared by Michael
R. McLeod, AIA showing the dimensions of the building. There are no wooden
decks. All steps, decks, etc., are concrete and have been included in the
impervious calculations.
3. We have enclosed 3 copies of a layout drawing showing dimensions of parking,
walks, and drives. All dimensions include curb and gutter.
4. Dimensions of the permanent pool of both ponds have been added to the plans.
Revised copies are enclosed.
5. It is our belief that all off -site drainage has been routed around the pond.
6. The width of the vegetated filter and the bottom elevation of the forebay have
been added to the detail.

z
Ms. Linda Lewis/DEHNR
July 24, 1997
Page 2
7. We have recalculated the orifice size using an average head of 0.75' and have
determined that it does not change the size of the orifice specified. We have
enclosed copies of the revised calculations.
Please let us know if you require any additional information as you continue your review
for approval.
Sincerely,
ANDREW SKE
ONSU {NG ENGINEER , INC.
J Phillip Norris, P.
PNlsbs
cc: Dean Scarafoni/Live Oak Development Co.
Steve Saieed/Stephens & Jones
97113.1

Andrew & Kuske
CONSULTING ENGINEERS, INC.
John R. Andrew, RE.
J.A. Kuske, P.E.
J. Phillip Norris, P.E.
902 Market St.. Wilmington, North Carolina 28401-4733 • Telephone [phone] • Fox 910/343-9604
June 12, 1997
NC DEHNR
Division of Water Quality
127 Cardinal Drive Extension
Wilmington, NC 28405-3845
Attn: Ms. Linda Lewis
Re: Trolley Path Condominiums
New Hanover County
A&K Project No. 97113
Dear Ms. Lewis:
113y; �GUB�f'7CYnl b
Enclosed are three sets of plans for the subject project, calculations, the Division
of Water Quality stormwater management permit application with pond
maintenance agreement, and a $385.00 check for the processing fee.
Please review this information for approval and contact us with any questions or
comments you may have. Thank you for your assistance on this project.
Sincerely,
ANDREW & KUSKE
CONSULTING ENGINEERS, INC.
A411
Phillip Norris, P.E.
JPN/sbs
enclosures
cc: Mr. Dean Scarafoni/Live Oak Development Co.

UNITED STATES POSTAL SERVICE
First -Class Mail
Postage & Fees Paid
uSPs
Permit No. G-10
• Sender: Please print your name, address, and ZIP+4 in this box •
State of North Carolina
DENR
127 Cardinal Drive Ext.
Wilmington, NC 28405 (Attn: BEV
06 /(�-

1 Complete items 1, 2, and 3. Also complete
f item 4 if Restricted Delivery is desired.
I ■ Print your name and address on the reverse
so that we can return the card to you.
' ■ Attach this card to the back of the mailpiece,
or on the front if space permits.
t. Article Addressed to:
A. Si natur@
all"�-4z
4��
❑ Agent
❑ Addressee
8, eceivt by Print me)
17
C. Date of Delivery
[ S
D- Is delivery address different from item 1?
❑ Yes
if YES, enter delivery address below:
❑ No
3. Service Type
0 Certified Mail ❑ Express Mail
❑ Registered ❑ Return Receipt for Merchandise
❑ Insured Mail ❑ C.O.D.
4. Restricted Delivery? (Extra Fee)
❑ yes
2. Article !Number 7002.
002 0 D 3 9 0 6 5
r: {Trairsfer.from,._ ice ! • • .. _
PS Form 381 1, August 2001 Domestic Return Receipt 2ACPRI-03-P•4081

■ Complete items 1, 2, and 3. Also complete
item 4 if Restricted Delivery is desired.
■ Print your name and address on the reverse
so that we can return the card to you.
■ Attach this card to the back of the mailpiece,
or on the front if space permits.
1. Article -Addressed to:
'eO //' P
/'✓% J r,e s ��✓ter
A.
Agent
1 f1 Addressee
6. ec 0e>j� (Print Name) C. Date of Delivery
I in
D. Is delivery address different from item 1? ❑ Yes
if YES, enter delivery address below: ❑ No
3. Service Type
Certified Mail ❑ Express Mail
Registered ❑ Return Receipt for Merchandise
❑ Insured Mail 11 C.O.D.
4. Restricted Delivery? (Extra Fee) ❑ Yes
2. (Transfer lromeservke lar f f f 7 Q Q ' 'n 0 i Q Q Q 5' 2 3 ,9 q; 8 6� 8 9
PS Form 3811, August 2001 Domestic Return Receipt
2ACPFI-03-P-4081

UNITED STATES POSTAL SERVICI o -FimQC1ass1td8il---
.Postage.8•Fees•P_aid
CJSP
�P&rmiQ o..G_1Q
• Sender: Please prin o1r•rma , address, '
State of North Carolina
DENR
127 Cardinal Drive Ext.
Wilmington, NC 28405 (Alin: BEV
a16 I111111111"I' lfillIII jildI[III I11111IIII I111I,I1111I11I111

UNITED STATES POSTAL S I L ht�tasr-Ma1L—
p � � �. � _PermitUSPs N��1
o
• Sender: Please offat wourenaAe. add
North C6rofina 0cpartmrnC. of Environmc"t;
and Natural ReSourcec'
127 Car&naf Vrive Ext.
Wilmington, NC,' 26405
j iikk ( j ijj ii k!! j i kk ii !jj ii 11
r 6 iEl�tlitllEijlFl;jFilE�FiEltilEiFEillllt�lilFlE�FIlIEF1tFEI

■ Complete items 1, 2, and 3. Also complete
item 4 if Restricted Delivery is desired.
■ Print your name and address on the reverse
so that we can return the card to you.
■ Attach this card to the back of the mailpiece,
or on the front if space permits.
Article Addressed ta:
Dears 7C?
��. pi-• ncc.�s s��
o2JY.b
2. Article Number
(Transfer from service label} ,
PS Form 3811,'Audust 20o� '
t
A.
d , f ❑ Agent
❑ Addressee
B. Received by ( Printed Name) Date of Delivery
D. Is delivery address different from Item 1? 0 Yes
If YES, enter delivery address below: ❑ No
3. SyOlGe Type
19 Certified Mall © Express Mail
❑ Registered ❑ Return Recelpt for Merchandise
❑ Insured Mail ❑ C.O.D.
4. Restricted Delivery? (Extra Fee) ❑ Yes
7002 2410 0003,1721 .3135
nesti0 Return fSmollSi ' '' ' 102595-02-M-1540