SW8030107_HISTORICAL FILE_20031212

STORMWATER DIVISION CODING SHEET
POST -CONSTRUCTION PERMITS
PERMIT NO.
SW�� 3D�D I
DOC TYPE
El CURRENT PERMIT
❑ APPROVED PLANS
HISTORICAL FILE
El COMPLIANCE EVALUATION INSPECTION
DOC DATE
12,
YYYYMMDD

NEW HANOVER COUNTY
HEALTH DEPARTMENT
Environmental Health Services
Market Place Mall
230 Market Place Drive, Suite 140
Wilmington, NC 28403
TELEPHONE [phone] FAX [phone]
December 12, 2003
Mr. David Ward
341 Willow Woods Drive
Wilmington, NC 28409
Dear Mr. Ward:
Everywhere. Everyday. Everybody
On or about April 1993, the hospital on Wrightsville Avenue called our
Vector Program about a severe mosquito problem in their parking lot. In my site
investigation, I found the highest density of mosquitoes near a well site located at
the Michelle Drive and Wrightsville Avenue intersection. Using county tax maps,
I confirmed a property owner as Dr. Black as owning the wetlands that were
breeding excessive mosquitoes. I approached Dr. Black to sign a six-month
temporary easement allowing our staff to excavate out a relic farm ditch into a
long narrow minnow pond across wetlands on his property. The pond was
constructed with no grade across Dr. Black's property. Our dig stopped at Mr.
Capp's property line,'which at the time was a shallow flooded pond. Overflow
water leaves the site at the culvert on Wrightsville Avenue.
The purpose of our dig was to create permanent water not drainage.
Permanent standing water in the pond has established a colony of Gambusia
minnows to eat mosquito larva. The site has not required additional chemical
treatments since the pond was constructed.
Sincere/lAy,'
L'vG
Kenneth R. Sholar, R.S.
Senior Environmental Health Program Specialist
KRS:sIn
"Your Health - Our Priority"
C,

F
P. 1
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ILE MODE _—�_---
l71 MEMORY TX
COMMUNICATION RESULT REPORT ( OCT.21.2003 8t28AM )*
TTI NCDENR WIRO
—RESULT PAGE
OPTION — ADDRESS (GROUP) _ --------
------I -------- -------- — — --- OK
89197166766
-------------
REASON FOR ERROR
E-1) HANANSWERR LINE FAIL
E-2) BUSY
E—q) NO FACSIMILE CONNECTION
State of North Carolina
Department of Environment and Natural Resources
Wilmington Regional Office
Michael F. Easley, Governor William C. Ross Jr., Secretary
FAX COVE. SHEET
Date: to-01-o 3 . No. Of Pages: .
To: Jane Leas From:. � hide, C�,wrS
CO: w z CO:
FAX #, q IQ — �--1 i (0- (0-*(0 FAX#: [phone]
REMARKS:
h
127 Cardinal Drive Extension, Wilmington, N.C. 28405-3845 Telephnne [phone] Far (910) 3S0-2004
An Equal Opportuntty Affirmative AeMn Employer

C O V E R
S H E E T
From the desk of...
.rant A. Leach
Paralegal
Ucpartment of Justice
P. Q. rinx 520
Tel: [phone]
Fax: [phone]
J7caeh(d3ntoJmsmmnc. us
To: Rick Shiver & Linda Lewis
Fax No: Programmed (F)
Subject: Mona Faye Black v. NC DENR, DWQ
Date: October 20, 2003
pages: 2, including cover sheet
COMMENTS:
FAX
Please see attached re: upcoming hearing for Mona Faye Black.
ZO 'd b0: V 20, 0Z 130 99Z9-91&6T6: xpd NOI103S QNH� 2 a31Hm

M E M o
From the desk ot;,.
Janet D. Leach
Paralegal
Dcpa mcnt of7ustice
V. 0, Sox 629
TO: (91.9) 716-6948
Fax: [phone]
jkac.hQi Iasi] j1tl.9hle.nc. ui
MEMO
To: Rick Shiver,' Wilmington Regional Office
Linda Lewis, Wilmington Regional Office
Subject: Mona Faye Black v. NC DENR, DWQ
Date: October 20, 2003
COMMENTS:
Pursuant to a conversation between Linda Lewis and myself, the best day for a
pre-trial conference with the two of you is Friday, November 7, 2003. This date is agreeable
with Mary Penny Thompson. However, Judge Gray may set motions hearings in a different case
that day. If he does, other arrangements for the pre-trial conference may have to be made.
I will be assisting Mary Penny on this case_ 1, need from both of you, resumes
with expertise or listings of credentials at your earliest possible convenience. If you can e-mail
then to me, that would be fine. I believe I should be able to convert your software to word
perfect. If not, the regular snail will have to do.
We have some documents from the file, such as stormwater calculations, request
for additional information, June 2, 2003 Permit SW8 030107, application form, restrictions and
covenants, Wet detention basin supplement, Secretary of State information, Detention pond
analysis, Tripp Engineering letter of April 2, 2003, map of the site, copy of check for $420,00
from Johnny & Dana Ivey. If there are additional documents to the file that would be helpful at
the hearing, please forward them to me iminediately.
If you have any questions, please call me. Thanks for your prompt response.
ZO'd b0:b 20, OZ 130 99z9-9TZ-616:x2d NOI103S QNHO 8 a31dm

ROY COOPER
XF-FORNEY Gt---N[--RAL
TO:
FROM:
DATE:
RE:
State of North Carolina
Department of ,justice
P. O. Box 620
RAL1;1G1-1
27602-062 J
MEMORANDUM
Reply to:
Mary Penny Thompson
Environmental Division
Direct: [phone]
Fax:(91,N16-6766
.nc.us
JUG �2
Rick Shiver, DWQ Wilmington Regional Office Supervisor
Linda Lewis, DWQ Environmental Engineer, Wilmington Regional Office
Mary Penny Thompson, Assistant Attorney General
July 17, 200'�
Stormwater Permit Appeal by State Properties, LLC of Wake County
DWO No. SW 8030107, OAH No. 03 EHR 1169
Please note that I have been assigned to handle the above -referenced contested case. I will need
to begin preparing our case as soon as possible. Please review the important dates listed below and send
a copy of the requested information by mail, fax, or hand delivery to the Attorney General's Office. A
copy of the Petition is attached.
August 8, 2003 Document Constituting Agency Action. I need a clean copy of
Stormwater Permit SW8030107 and the permit file by August 4, 2003.
September 22, 2003 Any Discovery must be sent to Petitioner by this date to give us enough
time to receive answers prior to hearing. Any discovery sent to us by
Petitioner must be responded to within 15 days of receipt of the
questions. All discovery must be completed by October 27, 2003.
Week Beginning
November 10, 2003 Hearing is set in Wilmington, NC with Melissa Owens Lassiter,
Administrative Law Judge presiding. You have been identified as
potential witnesses in this case. If you feel you should not be listed as a
witness or if you know of additional witnesses, please notify this office
immediately.
If you have any questions or comments regarding this case, please call me at: [phone].
cc: Steve Lewis, Environmental Specialist - Archdale Bldg.

PLEASE PRINT CLEARLY ORT
STATE OF NORTH CAROLINA
COUNTY OF (1) NEW HANOVER
(2) MONA FAYE BLACK
(your name) PETITIONER,
V.
(3) N.C. DIVISION OF COASTAL MANAGEMENT OF
'HE N.C. DEPARTMENT OF ENVIRONMENT AND NATURAL
'.ESO
RESPONDENT.
(The State agency or board about which you are complaining)
�i 2U4
IN THE OFFICE OF
.ATIVE HEARINGS
PETITION
FOR A
CONTESTED CASE BEARING
I hereby ask for a contested case hearing as provided for by North Carolina General Statute § 150B-23 because the Respondent has:
(Briefly state facts showing how you believe you have been harmed by the State agency or board.)
SEE ATTACHMENT
(If more space is needed, attach additional pages.)
(4) Because of these facts, the State agency or board has; (check at least one from each column)
Xdeprived me of property; _,_Z_- exceeded its authority orjurisdiction;
ordered me to pay a fine or civil penalty; or _acted erroneously;
_otherwise substantially prejudiced my rights; AND Xfailed to use proper procedure;
_y _acted arbitrarily or capriciously; or
_failed to act as required by law or rule.
(5) Date; July 2, 2003 (6) Your phone number:( 910 _ 799- 922_fa_
(7) Print your full address: 5553 Oleander Drive Wilmington, NC 28403
street addres p.o. box)city state zip
(8) Print your name: Mona Faye Black
(9) Your signature: "Q o. - _ _
You must mail or deliver a COPY of this Petition to the State agency or board named on line (3) of this form. You should contact the agency or
board to determine the name of the person to be served.
CERTIFICATE OF SERVICE
I certify that this Petition has been served on the State agency or board named below by depositing a copy of it with the United States Postal Service
with sufficient oostaee affixed OR by delivering it to the named aeencv or board:
(10) Dan Oakley
(name of person served)
(12) Office of the General Counsels 1601 Mail Service_
(street addresslp.o. box) (city)
{ 13) This the 2nd day of July 12003
(14)
Mona Faye Black
(your signature)
N.C. Division of Coastal Management of
the N.C. Department: of Environment and
(State agency or board listed online 3) Natural xesourees
Center, Raleigh, NC 27699-1601
(state) (zip code)
KENNETH A. SHANKLIN
TTORNEY FOR PETITIONER
14 MARKET STREET, P.O. BOX 1347
When you have completed this form, you MUST mail or deliver the ORIGINAL AND ONE COPY to the Office of Administrative Hearings, 6714
Mail Service Center, Raleigh, NC 27699-6714.
H-06 (I 1199)

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

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

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

JIJN.24.2�� YY12:40PN NCDENR WIRO
Michael F. Easley, Governor
yWilliam G. Ross Jr., 5acretary
yNorth Carolina Department of Environment and Natural Resources
O '� Alan W. Klimek, P.E.Director
X=Aw Division of Water Quality
EXHIBIT
June 2, 2003 a
Q
21
Mr. Jollnriy Ivey, Member Manager Q
Park -Hinton, LLC
6229 Richard Bradley Drive
Wilmington, NC 28409
Subject: Permit No. SW8 030107
Hinton Oaks Townhomes
High Density Stormwater Project
New Hanover County
Dear Mr. Ivey:
The Wilmin ton Regional Office received a complete Stormwater Management Permit
Application%r Hinton Oaks Townhomes on April 2, 2003. Staff review of the plans and
speaications has detbrmined that the project, as proposed, will comply with the
Stormwater Regulations set forth in Tite 15A NCAC 21-1.1000. We are forwarding
Permit No. SW8 030107 dated June 2, 2003, for the construction of Hinton Oaks
Townhomes.
This permit shall be effective from the dater of issuance until June 2, 2013, and shall be
subject to the conditions and limitations as specified therein. Please pay special
attention to the Operation and Maintenance requirements in this permit. Failure to
establish an adequate system for operation and maintenance of the 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 1 a0B of the North Carolina General Statutes, and fled
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 Finding.
If you have any questions, or need additional information concerning this matter, please
contact Linda Lewis, or me at [phone].
Sincerely,
Rick Shiver
Water Quality Regional Supervisor
RSSarl. S,IWQSISTORMWA RPERMM030107.junD3
CC' Phil Tripp, P.E, Tripp Engineering
Tony Roberts, New Hanover County Building Inspections
Beth E, Wetherill, New Hanover County Engineering
Linda Lewis
Wilmington Regional Office
Central Files
N. C. Clvislon of Water Quality ' 127 Cardinal Drfv Extension [phone] Custamer Service
Wilmington Regional Office Wilmington, NC 25405 [phone] Fax [phone]
UK
�A

NO.475 P.3 .
JUN. 24, 20.03 12' 40PM NCDENR WIRO State stormwater Management Systems
Permit No. SW8 030107
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND NATURAL, RESOURCES
DIVISION OF WATER QUALITY
STATE STORMWATER MANAGEMENT PERMIT
HIGH DENSITY DEVELOPMENT
In accordance with the provisions of Article 21 of Chapter 143, General Statutes of
North Carolina as amended, and other applicable Laws, Rules, and Regulations
PERMISSION IS HEREBY GRANTED TO
Johnny Ivey, Park -Hinton, LLC
Hinton Oaks Townhomes
New Hanover County
FOR THE
construction, operation and maintenance of a wet detention pand in compliance with the
provisicns of 15A NCAC 2H A000 (hereafter referred to as the "stormwater rules'} and
the approved stormwater management plans and specifications and other supporting
data as attached and on file with and approved by the Division of Water Quality and
considered a part of this permit.
This permit shall be effective from the date of issuance until June 2, 2013; and shall be
subject to the following specified conditions and limitations
I. DESIGN STANDARDS
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 58,737 square
feet of impervious area.
3. The tract will be limited to the amount of built -upon area indicated on page 3 of
this permit, and per approved plans.
4. All stormwater collection and treatment systems must be located in either
dedicated common areas or recorded easements. The final plats for the project
will be recorded showing all such required easements, in accordance with the
approved plans.
5.' The runoff from all built -upon area within the permitted drainage area of this
project must be directed into the permitted stormwater control system. A permit
modification must be submitted and approved prior to the construction of
additional built -upon area from outside of the approved drainage area,
2

N0.475 JP.4
rUN 24,2003 12:40PN NCDENR WIRO
-
State Stormwater Management Systems
Permit No._SW8 030107
DIVISION OF WATER QUALITY -
PROJECT DESIGN
DATA SHEET
Project Name:
Hinton Oaks Townhomes
Permit Number.
SW8 030107
Location.:
101 Hinton Avenge, Wilmington
New Hanover County
Applicant:
Johnny Ivey, Member Manager
Mailing Address:
Park -Hinton, LLC
6229 Richard Bradley Drive
Wilmington, NC 28409
Application Date:
April 2, 2003
Receiving StreamlRiver Basin:
Bradley Creek / Cape Fear
Stream Index Number:
CPF24 18-87-24-4-(1)
Classification of Water Body:
"SC HOW#'
Drainage Area, acres:
4.03
Onsite, sq, ft.:
4,03
Offsite, sq. ft..
0
Total Impervious Surfaces, sq, ft.:
68,737
Pond Depth, feet:
6,o
TSS removal efficiency:
90% (no filter is required)
Permanent Pool Elevation, FMSL:
14.00
Permitted Surface Area, sq. ft.:
5,215 a@Permanent Pool,
Permitted Storage Volume, cubic ft.:
5,891
Temporary Storage Elevation, FMSL:
15.00
Controlling Orifice:
1,25" 0 pipe (drawdown in 2-5 days)
Permitted Forebay Volume, cultic ft.:
3,392
3

NO.475 —P.5`
SUM.24.2003 12.40PM NCDENR WIRO State stormwater Management Systerns
Permit No. SW8 03Q107
II. SCHEDULE OF COMPLIANCE
1. The stormwater management system shall be constructed in its entirety,
vegetated and operational for its intended use prior to the construction of any
built -upon surface.
2. during construction, erosion shall be kept to a minimum and any eroded areas of
the system will be repaired immediately.
3. The permittee shall at all times provide the operation and maintenance
necessary to assure the permitted stormwater system functions at optimum
efficiency. The approved Operation and Maintenance Plan must be followed in its
entirety and maintenance must occur at the scheduled intervals including, but not
limited to:
a. Semiannual scheduled inspections (every 6 months).
b. Sediment removal.
C. Mowing and revegetation of slopes and the vegetated filter.
d. Immediate repair of eroded areas.
e. Maintenance of all slopes in accordance with approved plans and
specifications.
f. pebds removal and unclogging of outlet structure, orifice device, flow
spreader, catch basins and piping.
g. Access to the outlet structure must be available at p11 times.
4. Records of maintenance activities must be kept and made available upon
request to authorized personnel of DWQ. The records will indicate the date,
activity, name of person performing the work and what actions were taken.
S. Decorative spray fountains will not be allowed in the stormwater treatment
system.
6, , The facilities shall be constructed as shown on the approved plans. This permit
shall become voidable unless the facilities are constructed in accordance with the
conditions of this permit, the approved plans and specifications, and other
supporting data.
7. Upon completion of construction, prior to issuance of a Certificate of Occupancy,
and prior to operation of this permitted facility, a certification must be received
from an appropriate designer for the system installed certifying that the permitted
facility has been installed in accordance with this permit, the approved plans and
specifications, and other supporting documentation. Any deviations from the
approved plans and specifications must be noted on the Certification. A
modification may be required for those deviations.
8, If the stormwater system was used as an Erosion Control device, it must be
restored to design condition prior to operation as a stormwater treatment device,
and prior to occupancy of the facility.
9. At least 30 days prior to the sale or lease of any portion of the property, the
permittee shall notify ❑WQ and provide the name, mailing address and phone
number of the purchaser or ieasee, An access/maintenance easement to the
stormwater facilities shall be granted in favor of the permittee if access to the
stormwater facilities will be restricted by the sale or lease of any portion of the
property.
0

N0.475 �' • �-`- -
JUN.24.2003 12:40PM NCDENR WIRO .
State Stormwater Management Systems
Permit No. SW8 030107
10. The permittee sheSl submit to the Director and shall have received approval for
revised plans, specifications, and calculations prior to construction, for any
modification to the approved plans, including, but not limited to, those listed
below;
a. Any revision to any item shown on the approved plans, including the
stormwater management measures, built -upon area, details, etc.
b. Project name change.
c. Transfer of ownership..
d.. Redesign or addition to the approved amount of built -upon area or to the
drainage area.
e. Further subdivision, acquisition, or safe of all or part of the project area.
The project area is defined as all property owned by the permittee, for
whitl� Sedimentation and Erosion Control Plan approval or a CAMA Major
permit was sought.
f. Filling in, altering, or piping of any vegetative conveyance shown on the
approved plan,
11. The permittee shall submit final site layout and grading plans for any permitted
future areas shown on the approved plans, prior to construction, if the proposed
BUA exceeds the amount permitted under this permit, a modification to the
permit must be submitted and approved prior to construction.
12. A copy of the approved plans and specifications shall be maintained on file by
the Permittee for a minimum of ten years from the date of the completion of
construction.
13. The permittee must maintain compliance with the proposed built -upon area and
ensure that the runoff from all the built -upon is directed into the permitted system.
14. The Director may notify the permittee when the permitted site does not meet one
or more of the minimum requirements of the permit. Within the time frame
specified in the notice, the permittee shall summit a written time schedule to the
Director for modifying the site to meet minimum requirements. The permittee
shall provide copies of revised plans and certification in writing to the Director
that the changes have been made.
15. The permittee must maintain the current permitted drainage area. No additional
runoff from outside of the permitted drainage area boundary may enter the
permitted stormwater facilities without first applying for and receiving a permit
modification.
Ill. GENERAL CONDITIONS
This permit is not transferable except after notice to and approval by the Director.
In the event of a change of ownership, or a name change, the permittee-must
submit a formal permit transfer request to the Division of Water Quality,
accompanied by a completed namelownership change form, documentation from
the parties involved, and other supporting materials as may be appropriate. The
approval of this request will be considered on its merits and may or may not be
approved. The permittee is responsible for compliance with all permit conditions
until such time as the Division approves the transfer request.
2. Failure to abide by the conditions and limitations contained in this permit may
subject the Permittee to enforcement action by the Division of Water Quality, in
accordance with North Carolina General Statute 143-215.6A to 143-215,6C.
�1

No.475 ---P.7—
JUN.24.2003 12:41PM NCDENR WIRO
State Starmwater Management Systmms
Permit No, SW8 030.107
3. The issuance of this permit does not preclude the Permittee from complying with
any and ail 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 fall to perform satisfactorily, including the creation of
nuisance conditions, the Permittee shall take immediate corrective action,
including those as may be required by this Division, such as the construction of
additional or replacement stormwater management systems.
5. The permittee grants DENR Staff permission to enter the property during normal
business hours for the purpose of inspecting all components of the permitted
stormwater management facility.
6. The permit may be modified, revoked and reissued or terminated for cause. The
filing of a request for a permit modification, revocation and reissuance or
termination does not stay any permit condition.
7. Unless specified elsewhere, permanent seeding requirements for the stormwater
control must follow the guidelines established in the North Carolina Erosion and
Sediment Control Planning and Design Manual.
B. Approved plans and specifications for this project are incorporated by reference
and are enforceable parts of the permit,
9. The permittee shall notify the Division any name, ownership or mailing address
changes within 30 days.
Permit issued this the 2nd day of .tune, 2003.
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
Alan W. Klime , ., Director
--� Division of Water Quality
By Authority of the Environmental Management Commission
9

NO. 475---'P. e
JUN.24.2e02 12:41PM NCDENR WIRO
State Storrnwater Management Systems
Permit No. SW8 D30107
Hinton Oaks Townhomes
Stormwater Permit No. SW8 030107
New Hanover County
Designer's Certification
i, , as a duly registered
in the State of North Carolina, having been authorized to observe (periodicallyd 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.
The checklist of items on page 2 of this form is included in the Certification,
Noted deviations.from approved plans and specification;
SEAL
Signature
Registration, Number
Date

NO.475 �P•9-'
JUN. 24. 2003 12141PM NCDENR WIRO State Stormwater Management Systems
Permit No. SW 8 030107
Certification Requirements:
1. The drainage area to the system contains approximately the permitted
acreage.
2. The drainage area to the system contains no more than the permitted
amount of built -upon area.
_ 3. All the built -upon area associated with the project is graded such that the
runoff drains to the system.
4. The outlet/bypass structure elevations are per the approved plan.
5. The outlet structure is located per the approved plans.
B. Trash rack is provided on the outlet/bypass structure,
7. All slopes are grassed with permanent vegetation,
8. Vegetated slopes are no steeper than 3:1,.
9. The inlets are located per the approved plans and do not cause short-
circuiting of the system.
10. The permitted amounts of surface area andlor volume have been
provided.
11. Required drawdown devices are correctly sized per the approved plans.
12. All required design depths are provided.
13. All required parts of the system are provided, such as a vegetated shelf,
and a forebay.
_14. The required system dimensions are provided per the approved plans.
cc: NCDENR-DW4 Regional Office
Tony Roberts, New Hanover County Building Inspections
I

NO.475• 10
JUN.24.2003 12:41PM NCDENR WIRO
><,r :.:C�7:�5'�;.y: t� c ',4,.���i.'! "' s°5�"'�'�`4 .'..a":`•:p.`>� 'e. '"(.:.r,..u..i;, ,.
Date Recaived Fee Paid Permii Number
7
State of North Carolina
Department of Environment and Natural Resources
Division of Water Quality
STORMWATER MANAGEMENT PERMIT APPLICATION FORM
This fora may be photocopied for use as an original
I. GENERAL INFORMATION
1. Applicants name (specify the name of the corporation, individual, etc. who owns the project):
Yarit-Hinton. LLC
2. Print Owns/Signing OfficW's name and title (person legacy responsible for facility and compliance):
3, Mailing Address for person listed in item 2 above: (2 5
City: mcdn4napn State: N Q Zip: _ 28409
Telephone Number. 910-43-2993
4, Project Name (subdivision, facility, or estabahment name —should be consistent with project name on
plans, specifications; lettsss, operation and maintenance agreements, etc.):
Hintoll 0ALs ToVU Liornes
5. Location of Project (street address):
101 %dirrt9nA.ym-ue
City: Wihninaton County: New Han ove
6. Directions to project (from nearest major intersection):
Frm 01es 12dye US HM 7 of a Ro 132 drive ox. 1 ile to 1 ft onto
Hinton Ave., driygagproK. 110000 If NE to jWMeckonpf Park_Aye. _And HintonAve. Sitels on left.
7. Latitude : N 34° 13' 00" Longitude: _ W 77° 51, 00" _ _ - of project
8. Contact person who can answer questions about the project:
Name: - Philli,R_Tripg _ _ Telephone Number: 910-763-5100
II. PERMIT INFORMATION:
1. Specify whether project is (check one): X _ New Renewal Modification
Farm SVX-101 Version 3,99 Page 1 of

NO.475— P-11—
JUN-24.2003 12'41PM NCDENR WIRO- _
2, if this application is being submitted as the result of a renewal or modification to an existing permit, list
The existing permit number _ _ and its issue date (if known)
1 Specify the type of project (check one):
Low Density X High Density Redevelop General Permit Other
4. Additional Project Requirements (check applicable blanks):
CAMA Major X Sed'tmentationlEmsion Control 404//401 Permit NPDES Stormwater
Information on required state permits can be obtained by contacting the Customer Service Center at
1-877-623-6748_
M. PROJECT INFORMATION
1. In the space provided below, summarize how stormwater will be treated. Also attach a derailed narrative
(one to two pages) describing stormwater management for the project.
n- ite wet detention basin
2. Stormwater runoff from this project drains to the . !� ,Came Fear- !_ _ River basin.
3. Total Project Area: 4.03 acres
S. flow many drainage basins does the project have? _ 1
4. Project Built Upon Area; 3,,__- :2%.
6. Complete the following information for each drainage area. If there are more than two drainage areas in the
project, attach an additional sheet with the information for each area provided in the same format as below.
:;i��5i�1,;��'��R1�,'•%'r' �:,;�.. -.�, ���1'',,c�:,� ',';�'"�,«!t;
..�r�d�gC �d&i�#'„�,' ;r .���';v ;'.;
,-�,i'�'::;;� :-DrainsP�e;B�l�3'2''r� ='�c r:1'L
Receiving Stream Name
Bradley Creek
Receiving Stream Class
SC HQW
Drainage Basin Area
4.03 ac
Existing Impervious *'Area
-
Proposed Impervious * Area
1.58 as
% Impervious* Area (total)
39.2%
rr •r y�^e�.l;`#i
p��Q'.�j..*.""�,`PZ'x��'�•,
;�`4�_,�',r�,'�'F.L^'T";�C�.r,�a;i�n'.G';.'�•'��'�':...,r;.�
Oa -site Buildings
28,228 sf
On -site Streets
-
On -site Parking
35,439 sf
On -site Sidewalks
Other on -site
5,070 sf
Off -site
-
Total;
j E-­-68,737 sf
E=
*.Impervious area is defined as the built upon area including, but not limited to, buildings, roads, parking
areas sidewalks, gravel areas, etc.
Form SW-101 Version 399 Page 2 of 4

N0.475---P.12
3UN.24.2003 12:41PM NCDENR BIRO
7. How was the off -site impervious area Iisted above derived'?
1V. DEED RESTRICTIONS AND PROTECTIVE COVENANTS
The following italicized deed restrictions and protective covenants are required to be recorded for all
subdivisions, outparcels and future development prior to the sale of any lot. If lot sizes vary significantly, a
table listing each lot number, size and the allowable built -upon area for each lot must be provided as an
attachment.
1. The following cownav& are intended to ensure ongoing compliance with state stonmvater rrsanagemenrPCnnit
number ar issued by the Division of Water duality. These covenants may
not be changed or deleted without the consent ofthe &re.
2 No more than sgrare feet of arty lot shall be wvered by structures of imperLfts rraater r&
JnTer4ous r1wienals include asphalt, gravel;, concrete, brick stone, slate or 9milar material but do not include wood
decking or the water surface ofsvWmmtng pools.
3. Shales shall not be filled it; piped or altered except as necessary to provide driveway crossings.
4. Builf--upon area in excess of the pert deed am unt mgwres a state stormwater management pen7dt mndifacration prior
to consaucllon
S. All permitted ►7awf from outpar=Lr or future development 0ia1l be rtirected into the permitted stermwater control
system. Yhese connecdom to the storrnwater control system shall be performed in a manner that rr wntains the
integrity and performance of fhe sytsrem as permitted
By your signature below, you cerffy that the zecorded deed restrictions and protective covenants for this project
shall include all the applicable items required above, that the covenants will be binding on all parties and
persons claiming under them, that they will run with the land, that the required covenants cannot be changed or
deleted without caacurmtice from the State, and that they will be recozded prior to tl>e sale of any lot.
V. SUPPLEMENT FORMS
The applicable state stormwater managexent permit supplement f❑rm(s) listed below mast be submitted for
each BMP specified for this project. Contact the Storrnwater and General permits Unit at [phone] for
the status and availability of these farms,
Form SWU-102
Form SWU-103
Form SWU-104
Form SWU-105
Farm SWU-106
Form SWU-107
Form SVX I08
Form SW-109
Wet Deteatim Basin Supplement
Infiltration Basin Supplement
Low Density Supplet mt'
Laub Outlet System Supplement
Off -Site System Supplenient
Underground Infiltration Trench Supplement
Neu_se River Basin Supplement
Itanovative Best Managernent Practice Supplement
Form SWU-101 Version 3.99 Page 3 of 4

�
JUN . 24.2003 12 : 42PN N0.475P•13
NCDENR WIRO -
V1. SUBMITT.41 REQUIREMENTS
Only complete application packages will be accepted and reviewed by the Division of water Quality (DWQ).
A complete package includes all of the items listed below. The complete application package should be
submitted to the appropriate DWQ Regional Office.
1, Please indicate that you have provided the following required information by initialing in the space
provided next to each item.
Applicant's Initials
+ Original -and one copy of the Stortnwater Management Permit Application. Form 1
• One copy of the applicable Supplement Form(s) for each BMP
• Permit application processing fee of $420 (payable to NCDENR) C-L__ _ -
• Detailed narrative description of stormwater treatment/management
+ Two copies of plans and specifications, including:
- Development/Project name
- En.gin= and firm
- Legend
North arrow
Scale
Revision timber and date
Mean high water line
Dimensioned property/project boundary
Location map with named streets orNCSR numbers
Original contours, proposed contours, spot elevations, finished floor elevations
Detmis of roads, drainage feawres, collection, systems, and storinwater control measures
Wetlands delineated, or a note on plans that none exist
Existing drainage (lnrlud3ng off -site), drainage easaments, pipe sizes, runoff calculations
Drainage areas delineated
Vegetated buffers (where required)
VI1. AGENT AUTHORIZATION
If you wish to designate authority to another individual or firm so that they may provide information on your
befall; please complete this section. `
Designated agent (individual or fism): Tr'TripR En ee ' . PC
Mailing Address: jL9 Ch stn t S eet
City: _ Wil irr�ton _ - _ _ State: _ N � Zip: 29401
Phone: [phone] Pax; L910) 763-5611
VIII, APPLICANT'S CERTIFICATION
I, (print or type name of person listed in General Information, Item 2) Johnny Ivey -
codify that the information included on this permit application form is, to the best of my lMowledge, correct and
that the project will be constructed in conformance with the approved plans, that the required deed restrictions
and protective covenants will be recorded, and that the proposed project complies with the requirements of 15A
NCAC 2H .1000.
Signature; �.C'•�•-�' --- Date: - Z0�
Form S WUT 101 Version 3,99 Page 4 of 4

NO.475 P.14
JUN.24.2003 12:42PM--NCDENR WIRO r _
Permit No._ J l�sj'J l J
(to be provided by D1NJ
State of North Carolina
Department of Environment and Natural Resources
Division of Water Quality
STORMWATER MANAGEMENT PERMIT APPLICATION FORM
WET DETENTION BASIN SUPPLEMENT
This form may be photocopiedfor use as an original
DWO Stormwater a ement Plan Re 'ew:
A complete stormwater management plan submittal includes a wet detention basin supplement for each basili,
design calculations, plans and specifications showing all basin and outlet structure details, and a signed and
notarized operation and maintenance agreement.
1. PROJECT INFORMATION (please complete the following information):
Project Name: Hinton Oaks Townhomes
Contact Person: Charles Cazier Phone Number: { 910) 763-5100
For projects with multiple basins, specify which basin this worksheet applies to: 1
elevations
Basin Bottom Elevation 8.0 ft.
Permanent Pool Elevation 14.0 ft.
Temporary Pool Elevation .,,,, 15.0 ft.
(floor of the basin)
(elevation of the office)
(elevation of the discharge structure overflow)
areas
Permanent Pool Surface Area 5,125 sq,ft. (water surface area at the orifice elevation)
Drainage Area 4.03 ac. (on -site and of -site drainage to the basin)
Impervious Area •1,58 ac. (on -site and off -site drainage to the basin)
1)olumes
Permanent Pool Volume
Temporary Pool Volume
Forebay Volume
Other parameters
S PJDA'
Diameter of Orifice
Design Rainfall
Design TSS Removal2
17,169 cu.ft. (combined volume of main basin and foreboy)
5,891 cu,ft. (volume detained above the permanent pool}
3.392 cu,ft. ' (approximately 20% of total volume)
2.10 (surface area to drainage area ratio from DWO table)
1.25 in. (2 to 5 day temporarypool draw -down required)
1.0 in.
90 _ % (minimum 85% required)
Form SWU-102 Rev 3.99 Page 1 of 4

JUN.24.2003 12.42PM NCDENR WIRO
Footnotes:
4% ` NO.475�P .15
i. When using the Division SA/DA tables, the correct SA/DA ratio for permanent pool sizing should be computed based upon she
actual impervious % and permanent pool deptli. Linear interpolation should be employed to determine the correct value for non-
standard table entries.
2. In the 20 coastal counties, the requirement for a vegetative filter may be waived if the wet detention basin is designed to provide
90% TSS removal. The NCDENR BMP manual provides design tables for both 85% TSS removal and 90% TSS removal.
II. REQUI$ED ITEMS CHECIKLIST
The following chec4ist outlines design requirements per the Stormwater Best Management Practices Manual
(N.C. Department of Environment, Health and Natural Resources, February 1999) and Administrative Code
Section: 15 A NCAC 2H -1008,
Initial in the space provided to indicate the following design requirements have been met and supporting
documentation is attached. If the applicant has designated an agent in the Stgrmwater Management Permit
Application Form, the agent may initial below. If a requirement has not been met, attach justification.
Applicants Initials
a. The permanent pool depth is between 3 and 6 feet (required minimum of 3 feet),
26 b. The forebay volume is approximately equal to 20% of the total basin voltune.
c, The temporary pool controls runoff from the design storm event.
c r d. The temporary pool draws down in 2 to 5 days.
c (,ye. If required, a 30-foot vegetative filter is provided at the outlet (include non-erosive.flow
calculations),
` f. The basin length to width ratio is greater than 3 :1,
g. The basin side slopes above the permanent pool are no steeper than 3:1.
l h. A submerged and vegetated perimeter shelf with a slope of 6:1 or less (show detail).
L i. Vegetative cover above the permanent pool elevation is specified.
j. A trash rack or similar device is provided for bath the overflow and orifice.
e- L_ k. A recorded drainage easement is provided for each basin including access to nearest right-
of-way.
-� 1. If the basin is used for sediment and erosion control during construction, clean out of the
basin is specified to be performed prior to use as a wet detention basin
m, A mechanism is specified which will drain the basin for maintenance or an emergency.
III. WET DETENTION BASIN OPERATION AND MAINTENANCE AGREEMENT
The wet detention basin system is defined as the wet detention basin, pretreatment including forebays and the
vegetated filter if one is provided.
This system (check one) ❑ does X does not incorporate a vegetated filter at the outlet.
This system (check one) ❑ does X does not incorporate pretreatment other than a forebay.
I
?orm SWU-102 Rev 3.99 Page 2 of 4

N0.475 -'.16"
JUN.24.2 03 12:42PM NCDENR WIRO Milk- _
Maintenance activities shall be performed as follows:
1. After every significant runoff producing rainfall event and at least monthly:
a. Inspect the wet detention system for sediment accumulation, erosion, trash accumulation,
vegetated cover, and general condition,
b. Check and clear the orifice of any obstructions such that drawdown of the temporary pool occurs
within 2 to 5 days as designed.
2. Repair. eraded areas immediately, re -seed as necessary to maintain good vegetative cover, mow vegetative
cover to maintain a maximum height of six inches, and rove trash as needed.
3. Inspect and repair the collection system (i.e. catch basins, piping, swales, riprap, etc.) quarterly to
maintain proper functioning.
4. Remove accumulated sediment from the wet detention basin system semi-annually or when depth is
reduced to 75% of the original design depth (see diagram below). Removed sediment shall be disposed
of in an appropriate manner and shall not be handled in a manner that will adversely impact water quality
(i.e. stockpiling near a wet detention basin or stream, etc.).
The measuring device used to determine the sediment elevation shall be such that it will give an accurate
depth reading and not readily penetrate into accumulated sediments.
When the permanent pool depth reads _ _ 4.5 feet in the train pond, the sediment shall be removed.
When the permanent pool depth reads 2.25. feet in the forebay, the sediment shall be removed.
BASIN DIAGRAM
(fill in the blanks)
Permanent Pool Elevation 110__
Sediment R moval El. 1�75 75 6
------------- - 5edimenrRemoval Elevadon�9S 75%
Bottom evation �l l� % _----------- - Bottom Elevation . _ 00 25°/q
FOREBAY MAIN POND
5, Remove cattails and other indigenous wetland plants when they cover 50% of the basin surface. These
plants shall be encouraged to grow along the vegetated shelf and forebay berm.
5. If the basin must be drained for an emergency or to perform maintenance, the flushing of sediment
through the emergency drain shall be minimized to the maximum extent possible.
'orm 5WU-102 Rev 3.99 Page 3 of 4

NO.475 -7—P- 17-=
JUN.24.2003 12:42PM NCDENR WIRO
�. All components of the «vet detention basin system shall be maintained in good working order..
I acknowledge and agree by my signature below that I am responsible for the performance of the seven
maintenance procedures listed above, I agree to notify DWQ of any problems with the system or prior to any
changes to the system or responsible party.
Print name: Johnny Ivey
Title;
CIE -
Address:
Phone:
S ignatu
❑ate:
- - - 1 3
(z o F 3—!G-0'a
Note: The legally responsible party should not be a homeowners association unless more than 50% of the lots have beep sold and
a resident of the subdivision has been earned the president
I, Della C. Baird., a Notary Public for the State of - North Carolina . , County
of Pender do hereby certify that Johnny -
personally appeared before me this I&A- day of 2��, and acknowledge the due
execution of the forgoing wet detention basin maintenance requirements, Witness my hand and official seal,
4 : N07AR y
j n e",
r � G ;r �
Iff11114�1���
SEAL
My commission expires October 15 2006
Form SWU-102 Rev 3.99 Page 4 of 4

NO. 475— P.18 —
„y .TUN.24.2003 12:42PM
ra
23 064 5156
NCDENR WIRO
STATE OF NORTH CAROLIN'A
DEPARTNMNT OF THE SECRETARY OF STATE
STATEMENT OF CHANGE OF REGISTERED
OFFICE ANDIOR REGISTERED AGENT
SOSID: 016963
Date Filed, 3/10/20 }3 3:57;f10 PM
Elaine F. Marshall
North Carolina Secretary of State
Pursuant to §550.31 of the GtntW Statutes of North Carolina, the undersigned entity submits the following for the purpose of
changing its regiswM office and/or registe d agent in the State of North CaroUna.
YNIIFORMATION CURRENTLY ON FIL$
The dame ofthe entity is: Park -Hinton LLC
&pity Type: ❑Ccxparatioq ❑Fad Cmma&A ❑Nomprufit Corporation, ❑Foreiso NaaMfit Catporadoa,
❑Limited Liability C=pwW, ❑Foreign LirWwd Liability Compaq [3W%imd Patttlaft, ❑Ftarign Limited Pert =la p,
[i'! imired Liability Parmtrswp, aareiga Limited Liability Pxumhip
The stress address and county of the entity's reg4temd. office eurnndy on the is:
105 Quail Ridge Raid
Wilrningtan, North Carolina 28409
Now Hanover Covoty
The mailing address if Wifeneat from the strud addem of the registered office ctimidly an file is:
The name of the OUTTnt registered Agent is: Johnny Ivey
NEW INFORMATION
1. The street address and county ofthe nm reg6ured office ofthe entity is:
(em,plato this item only tf the ad&= of the registered office is being chaaw4
Q29 Rickwd B>a&gy Drive
$9lydriagAv% NA A Cara&& a 28400
Neto9'anow CounQ
Z. The mailing addresa if &ffenerrtfmm the ao+cet addrm of the new registered office is:
(complete this item only if the adddress of d w registered office Is being dxrr;ed)
3. The name of the new registered agent and the now agent's connem to appointment appears below:
(conrplere rills Item only /f the n=e of the r eesrnmd agent is being chaWd)
Johnny Ivey
Type or Print Nmr+e of New Agent
t Signature & rifle
4. The address of the entity's registercd offmc and the address of the business office of its registered aSent, sa eha%ed,
will be idendc:al.
5, This statement will be effective upon f air& urdess a date and/or time is spcciAed:
This is the2tfday of 2063
Notes: Mug fee Is &S,aa 17db damment mmst be 4llod wttt, the Se mimy of State. -
' [Drift d of ttpthtg bare. these” rtfutered are Day tip a "garage WMM emsert #a rho appolnMM16 Nhkh mumt be atudwed to ft rfau t
CORPORATIONS DMSION P. 0. BOX 29622 RALEIGK NC 27626-0622
Ttm icM Tmuistry ,)m Fhrm Rtz-lift

Q
0
�.._._._.__.
coo NC®ENR
.....+r...nsaoa
North Carolina Department of Environment and Natural Resources
Michael F. Easley, Governor William G. Ross Jr., Secretary
July 8, 2003
MEMORANDUM
To: Jim Gulick
Senior Deputy Attorney General SEW
From: Dan Oakley-)W 2003
General Counsel
DIV. OF WATER QUALITY
Re: Petition for Contested Case Hearing; DIRECTOR'S OFFICE
Mona Faye Black vs. DENR, Division of Water Quality
Attached please find a Petition for Contested Case Hearing fled by Mona Faye
Black apparently against the Division of Water Quality. Please note that while the case
caption refers to the Division of Coastal Management, the permit being challenged was
issued by the Division of Water Quality. Please assign an attorney to represent the
Division. Thanks.
cc: Alan Klimek (with attachment)
Attachment
DO:np
J li L 1 1 2003
1601 Mail Service Center, Raleigh, North Carolina 27699-1601
Phone; 919-733-4984 I FAX: [phone] Internet: www,erir.state.nc.uslENR
An Equal opportunity l Affirmative Achon Employer — 50% Recycled 110% Post Consumer Paper

►..,. y. I�1 „ a ,
KENNETH A. SHANKLIN JUL 3 (DIPV
A-T70RNEY AT LAW A`11�1jy j'�y
214 MARKET STREET �IROI\InE
POST OFFICE Box 1 347 MA'�llRAI. RESOOM
WILNIINGTON. NORTH CAROLINA 28402-1 347
TELEPHONE (91 O) 762-9400 • TELLrAX [phone]
E-MAIL: SHANKLAW@EARTHLINK. NET
b 3 4 g
KENNETH A. SHANKLIN*
MATTHEw A. NICHOLS
(ALSO ADMITTED IN NEW YORK)
July 2, 2003
VIA TELEFAX ##[phone]
AND FIRST CLASS MAIL
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
BOARD CERTIFIED SPECIALIST IN
REAL PROFIERTY L-'."f - RESIDENTI.: �_,
Eau SlydCss. CO._"ERCIAL AND
INDUSTRIAL TFi NS.4CTIONS
Re: Mona Faye Black v. N.C. Division of Coastal Management
of the N.C. Department of Environment and Natural Resources
Petition for a Contested Case Hearing
Our File No. 03050.001
Dear Sir or Madam:
Enclosed herewith please find the original and two copies of a Petition for a Contested
Case Hearing in the above referenced matter. Please file this Petition and return one copy to us
marked "riled" in the enclosed stamped and self-addressed envelope. A copy of this Petition was
telefaxed to your office on Wednesday, July 2, 2003, in the late afternoon.
Thanking you and with best regards, I remain
Sin gl_Clyl ours,
Kenneth A. Shanklin
KAS/pcc
Enclosures
cc: Mr. Dan Oakley
Office of the General Counsel
Mr. Rick Shiver
Water Quality Regional Supervisor
Ms. Mona Faye Black
Mr. Johnny Ivey, Park -Hinton, LLC
c/o Susan J. McDaniel, Esq.

RFcV_1VEQ
PLE;ASl; PRINT CI_ EARLl�Olt T1Vfa
DF GENE
ATATE OF NORTFI CAROLINA r?t IN THE OFFICE OF
Al •1tISTRATIVE HEARINGS
COUNTYOF (I) NEW HANOVER � };{QTi
(2) MONA FAYE BLACK
(your name)
PETITIONER,
(3} N.C. DIVISION OF COASTAL MANAGEMENT OF
-THE N.C. DEPARTMENT OF ENVIRONMENT AND NATURAL
RESOURCS
R1,SPONDENT.
(The State agency or board about which you are complaining)
PETITION
FOR A
CONTESTED CASE HEARING
I hereby ask for a contested case hearing as provided for by North Carolina General Statute § 15OB-23 because the Respondent has:
(Briefly state facts showing how you believe you have been harmed by the State agency or board,)
SEE ATTACHMENT
(1f more space is needed, attacks additional pages.)
(4) 13ecatzse of these facts, the State agency or board has: (check at least one from each column)
_Xdeprivud me ofproperty; X exceeded its authority orjurisdiction;
ordered me to pay a fine or civil penally; Cr X_acted erroneously;
_X_otherwise substantially prejudiced my rights; AND X_failed to use proper procedure;
_}acted arbitrarily or capriciously; or
(_failed to act as required by law or rule.
(5) Date: July 2, 200.3 (6)1'our phone tutntber: ( 910
(7) Printyour full address: 5553 Oleander Drive Wilmington, NC 28403
street a ress p.o.box) city state) zip
(8) Printyournarrtc: Mona Faye Black
(9) Your signature: —Qc�rw —
YOU crust mail or deliver a COPY of this Petition to the State agency or board named on line (3) of this form. You should contact the agency or
board to deterntirle the name of the person to be served.
CER7'1FICA'FE, OF SF:RVICC
1 certify that this Petition has been served on the State agency or board named below by depositing a copy of it with the United States Postal Service
With sufficient postage affixed OR by delivering it to the named agency or board:
N.C. Division of Coastal Management of
(It)) Dan Oakley (,,)the N.C. Department of Environment and
(name of person served) (State agency or board listed online3) Natural Kesources
(12) Office of the General. Counsel_, 1601 Mail Service Center, Raleigh, NC 27699-160t
(street addresslp.o. box) (city) (s(ate) (zip code)
KEWETH A. SHANKLIN
(I a) This the 2nd day of July
(14)
2003 TTORNEY FOR PETITIONER
14 MARKET STREET, P.O. BOX 1347
Mona Faye Black (your signature)
Whet} you have completed this form, you M UST Lnail or deliver the ORiCINAL AND ONrL COPY to the Office of Administrative Hearings, 6714
Mail Service Center, Raleigh, NC 27699-6714.
I f -06 (1 1199)

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

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

Attachment to Petition
for Contested Case Hearing
July 2, 2003
Page -3-
common law property rights. Additionally, the Permit will create a ponding of water upon the
Petitioner's property, which would constitute a recurring trespass upon Petitioner's property
under the holding of the Court of Appeals in Gallmi ay v. Puce Oil Co., 62 N.C. App. 213, 302
S.E.2d 472 (1983). If the government creates the diversion of water, there is a taking of
Petitioner's property by the trespass and/or nuisance. In this context, the "reasonable use" rule
for surface water drainage adopted in Pendergrast v. Aiken, 293 N.C. 201, 236 S.E. 2d 787
(1977) is not applicable. It is a taking of Petitioner's property as concluded by the North
Carolina Supreme Court in Board of Transportation v. Warehouse Corp., 300 N.C. 700, 268 S.E.
2d 180 (1980). Furthermore, the doctrine of "moving to the nuisance" or "priority of
occupation" has no applicability in an action against the State for a taking by flooding directly
caused by permanent structures constructed or authorized by the State.
It is the contention of Petitioner that the Stormwater Permit as issued violates the City of
Wilmington's Subdivision Review Board's approval of the Project, violates the provisions of
Title 15A NCAC 21-1.1000 et seq. pertaining to stormwater control for high density projects
within the coastal counties, including New Hanover County, and violates the Petitioner's due
process rights of the right to proffer evidence that the proposed stormwater project and
improvements will cause harm and injury to Petitioner's prope Y.
Kenrfeth A. Shanklin
Attorney for Petitioner, Mona Faye Black
214 Market Street
P. 0. Box 1347
Wilmington, NC 28402
Telephone: [phone]
Telephone: [phone]
-3-

No.475- P.2
J N.24.28�= v°12' 4ept•1 NCDENP. GIRO
Michael F. Easley, Governor
yWilliam G, Ross Jr,, Secretary
DKai-I
_ North Carolina Department of !Environment and (natural Resources
o Alan W. 0mekc, P.E,,Director
Division of Water Quality
June 2, 2-003 ¢ EXHIBIT
J
Mr. Johnhy Ivey, Member Manager
Park -Hinton, LLC En
1
6229 Richard Bradley Drive
Wilmington, NG 28409
Subject: Permit No. SVV8 030107
Hinton Oaks Townhomes
High Density Stormwater Project
New Hanover County
Dear Mr. Ivey:
The Wilmington Regional Office received a complete Stormwater Management Permit
Application for Hinton Oaks Towrihomes an April 2, 2003, Staff review of the plans and
specifications has determined that the project, as proposed, will comply with the
Stormwater Regulations set forth in Title 15A NCAC 2H.1000. We are forwarding
Permit No. SW8 030107 dated June 2, 2003, for the construction of Hinton Oaks
Townhomes.
This permit shall be effective from the date of issuance until June 2, 2013, and shall be
subject to the conditions and limitations as specified therein. Please pay special
attention to the Operation and Maintenance requirements in this permit. Failure to
establish an adequate system for operation and maintenance of fhe stormwater
management system will result in future compliance problems.
ff any parts, requirements, or limitations contained in this permit are unacceptable, you
have the right to request art 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 150E of the North Carolina General Statutes, and fled
w(th the Office of Administrative Hearings, P.U. Drawer 27447, Raleigh, NC 2761 i-
7447. Unless such demands are made this permit shall be final and binding.
if you have any questions, or need additional information concerning this matter, please
contact Linda Lewis, or me at [phone].
Sincerely,
Rick Shiver
Water Quality Regional Supervisor
RSSarl: S,\WQS1STORMWAnPERMIT1430107.jun03
cc: Phil Tripp, P-E, Tripp Engineering
Tony Roberts, New Hanover County Building Inspections
Beth E. Wetherill, New Hanover County Engineering
Linda Lewis
Wilminrgton Regional Office
Central Files
N, C. DIvia(on of Water Quafity 127 Cerdinal Drive Extension [phone] Customer Service,,..
Wilmington Regional Office Wilmington, NC 28405 [phone] Sax 1 800 623-7748 ��Ci�EhR

NO.475' P.�
JUN. 24. 3003 12; 40PM NCDENR WIRO State Stormwater Management Systems
Permit No. SW8 030107
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND NATURAL. RESOURCES
DIVISION OF WATER QUALITY
STATE STORMWATER MANAGEMENT PERMIT
HIGH DENSITY DEVELOPMENT
in accordance with the provisions of Article 21 of Chapter 143, General Statutes of
North Carolina as amended, and other applicable Laws, Rules, and Regulations
PERMISSION IS HEREBY GRANTED TO
Johnny Ivey, Park -Hinton, LLC
Hinton Oaks Townhomes
New Hanover County
FOR THE
construction, operation and maintenance of a wet detention pond in compliance with the
provisicns 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 .Tune 2, 2013, and shall be
subject to the following specified conditions and limitations;
1. 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 68,737 square
feet of impervious area,
3, The tract will be limited to the amount of built -upon area indicated on page 3 of
this permit, and per approved plans.
4. Ail stormwater collection and treatment systems must be located in either
dedicated common areas or recorded easements. The final plats for the project
will be recorded showing all such required easements, in accordance with the
approved plans.
5, The runoff from all built -upon area within the permitted drainage area of this
project must be directed into the permitted stormwater control system. A permit
modification must be submitted and approved prior to the construction of
additional built -upon area from outside of the approved drainage area,
2

NO.475 —P•4
JUN.24.2Oa3 12:40PM NCDENR WIRO State Stormwater Management Systems
Permit No. SW8 030107
DIVISION OF WATER QUALITY
PROJECT DESIGN DATA SHEET
Project Name: Minton Oaks Townhomes
Permit Number: SW8 030107
Location,: 101 Hinton Avenue, Wilmington
New Hanover County
Applicant: Johnny Ivey, Member Manager
Mailing Address: Park -Hinton, LLC
6229 Richard Bradley Drive
Wilmington, NC 28409
Application Date:
Receiving StreamlRiver Basin:
Stream Index Number:
Classification of Water Body:
Draina e Area, acres:
Onsite, sq, ft.:
Offsite, sq. ft.:
Total Impervious Surfaces, sq. ft.:
Pond Depth, feet:
TSS removal efficiency:
Permanent Pool Elevation, FMSL:
Permitted Surface Area, sq. ft.:
Permitted Storage Volume, cubic ft.:
Temporary Storage Elevation, FMSL
Controlling Orifice:
Permitted Forebay Volume, cubic ft,:
April 2, 2003
Bradley Creek 1 Cape Fear
CPF24 18-87-24-4-(1)
,,Sc HQW#"
4.03
4.03
0
68,737
6.0
90% (no filter is required)
14.00
5,215@a Permanent Pool
5,891
15.00
1.25"0 pipe (drawdown in 2-5 days)
3,392
.3

NO.475 -P • 5`
JUN. 2,-• 2003 12: 40PM NCDENR WIRO State stormwater Management Systems
permit No. SW 0301D7
il. SCHEDULE OF COMPLIANCE
1. The stormwater management system shall be constructed in its entirety,
vegetated and operational for its intended use prior to the construction of any
built-upoWsurface.
2. During construction, erosion shall be kept to a minimum and any eroded areas of
the system will be repaired immediately.
3. The permittee shah 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. Mowin,9 and revegetation of slopes and the vegetated filter.
d. Immediate repalrof eroded areas.
e. Maintenance of all slopes in accordance with approved plans and
specifications.
f. Debris removal and unclogging of outlet structure, orifice device, flow
spreader, catch basins and piping.
g. Access to the outlet structure must be available at all times,
4. Records of maintenance activities must be kept and made available upon
request to authorized personnel of DWQ. The records will indicate the date,
activity, name of person performing the work and what actions were taker.
5. Decorative spray fountains will not be allowed in the stormwater treatment
system.
6. The facilities shall be constructed as shown on the approved plans, This permit
shall become voidable unless the facilities are constructed in accordance with the
conditions of this permit, the approved plans and specifications, and other
supporting data.
7. Upon completion of construction, prior to issuance of a Certificate of Occupancy,
and prior to operation of this permitted facility, a certification must be received
from an appropriate designer for the system installed certifying that the permitted
facility has been installed in accordance with this permit, the approved plans and
specifications, and other supporting documentation. Any deviations from the
approved plans and specifications must be noted on the Certification. A
modification may be required for those deviations.
B, If the stormwater system was used as an Erosion Control device, it must be
restored to design condition prior to operation as a stormwater treatment device,
and prior to occupancy of the facility.
9. At least 30 days prior to the sale or lease of any portion of the property, the
permittee shall notify DWQ and provide the name, mailing address and phone
number of the purchaser or lessee. An' accesslmaintenance easement to the
stormwater facilities shall be granted in favor of the permittee if access to the
stormwater facilities will be restricted by the sale or lease of any portion of the
property.
0

NO.475 _`P . 6--
3L' .24.2073 12:40PN NCDENR 6JIRC State Stormwater Management Systems
Permit No. 5W$ 030107
10, The permittee shall submit to the Director and shall have received approval for
revised plans, specifications, and calculations prior to construction, for any
modification to the approved plans, including, but not limited to, these listed
below; -
a. Any revision to any item shown on the approved plans, including the
stormwater management measures, built -upon area, details, etc.
b. Project name change.
G. Transfer of ownership.
d. Redesign or addition to the approved amount of built -upon area or to the
drainage area.
e. Further subdivision, acquisition, or sale of all or part of the project area.
The project area is defined as all property owned by the permittee, for
whicY� Sedimentation and Erosion Control Plan approval or a LAMA Major
permit was sought.
f. Filling in, altering, or piping of any vegetative conveyance shown on the
approved plan.
11. The permittee shall submit final site layout and grading plans for any permitted
future areas shown on the approved pans, prior to construction. If t e proposed
BSA exceeds the amount permitted under this permit, a modification to the
permit must be submitted and approved prior to construction.
12. A copy of the approved plans and specifications shall be maintained on ,file by
the Permittee for a minimum of ten years from the date of the completion of
construction.
13. The permittee must maintain compliance with the proposed Built -upon area and
ensure that the runoff from all the built -upon is directed into the permitted system.
14. The Director may notify the permittee when the permitted site does not meet one
or more of the minimum requirements of the permit. Within the time frame
specified in the notice, the permittee shall submit a written time schedule to the
Director for modifying the site to meet minimum requirements. The permittee
shall provide copies of revised plans and certification in writing to the Director
that the changes have been made.
15. The permittee must maintain the current permitted drainage area. No additional
runoff from outside of the permitted drainage area boundary may enter the
permitted stormwater facilities without first applying for and receiving a permit
modification,
Ill. GENERAL CONDITIONS
This permit is not transferable except after notice to and ap roval by the Director.
In the event of a change of ownership, or a name change, the permittee must
submit a formal permit transfer request to the Division of Water Quality,
accompanied by a completed name/ownership change form, documentation from
the parties involved, and other supporting materials as may be appropriate. The
approval of this request will be considered on its merits and may or may not be
approved. The permittee is responsible for compliance with all permit conditions
until such time as the Division approves the transfer request.
2. Failure to abide by the conditions and limitations contained in this permit may
.subject the Permittee to enforcement action by the Division of Water Quality, in
accordance with North Carolina General Statute 143-215.6A to 143-215.6C.
i

NO.475 JP•7
SUN .2 f . 2003 12; 41PM NCOEN2 WIRO State Stormwater Management Systems
Permit No. SWS 030107
3. The issuance of this permit does not preclude the Permittee from complying with
any and aIf statutes, rules, regulations, or ordinances which may be impposed by
other government agencies (local, state, and federal) which have jurisdiction.
4. In the event that the facilities fail -to perform satisfactorily, including the creation of
nuisance conditions, the Perrittee shall take immediate corrective action,
including those as may be required by this Division, such as the construction of
additional or replacement stormwater management systems.
5. The permittee grants DENR Staff permission to enter the property during normal
business hours for the purppose of inspecting all components of the permitted
stormwater management facility.
6. The permit may be modified, revoked and reissued or terminated for cause. The
filing of a request for a permit modification, revocation and reissuance or
termination does not stay any permit condition.
7. Unless specified elsewhere, permanent seeding requirements for the stormwater
control must follow the guidelines established in the North Carolina Erosion and
Sediment Control Planning and Design Manual.
8. Approved plans and speclf7cations for this project are incorporated by reference
and are enforceable parts of the permit.
9. The permittee shall notify the Division any name, ownership or mailing address
changes within 30 days:
4'
Permit issued this the 2nd day of June, 2003.
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
A an W. Klime ireCtar
7� Division of Water Quality
By Authority of the Environmental Management Commission
0

No. 475----P . S
24.2001D 12:41PH NCDENR WIRD State Stormwater Management System$
Permit No. SW8 030107
Hinton Oaks Townhomes
Stormwater Permit No. SW8 030107
New Hanover County
Designer's Certification
11 , as a duly registered
in the State of North Carolina, having been authorized to observe (periodicallyl 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.
The checklist of items on page 2 of this form is included in the Certification.
Noted deviations -from approved plans and specification:
Signature
Registration Number
Date
SEAL
7

N0.475 �—
JUN. 24. 2003-12141PM NCDENR WIRC State Stormwater Management Systems
Permit No. SW8 0301 07
Certification? Requirements:
1. The drainage area to the system contains approximately the permitted
acreage.
2. The drainage area to the system contains no more than the permitted
amount of built -upon area.
3. All the built -upon area associated with the project is graded such that the
runoff drains to the system.
4. The outlet/bypass structure elevations are per the approved plan.
5. The outlet structure is located per the approved plans.
6. Trash rack is provided on the outlet/bypass structure,
_ 7, All slopes are grassed with permanent vegetation.
8. Vegetated slopes are no steeper than 3:1.
9. The inlets are located per the approved plans and do not cause short-
circuiting of the system.
1 Q. The permitted amounts of surface area and/or volume have been
provided.
__.11. Required drawdown devices are correctly sized per the approved plans.
12. All required design depths are provided.
13. All required parts of the system are provided, such as a vegetated shelf,
and a forebay,
14, The required system dimensions are provided per the approved plans.
cc: NCDENR-DWO Re Tonal Office
Tony Roberts, New Hanover County Building Inspections
2

NO.475�-P .10
JUN.24.2003 12:41PN NCDENR WIRO
State of North Carolina
Department, of Environment and Natural Resources
Division of Water Quality
STORMWATER MANAGEMENT PERMIT APPLICATION FORM
Thisform may be phatocopled for use as an original
L GENERAL INFORMATION
1. Applicants name (specify the name of the corporation, individual, etc. who owns the project):
— — — — —P-mk Ebuton. LLB-
2. Print Owner/Sigairq Official's name and title (person legally responsible for facility and compliance):
Igboy Ivey,Mgnber MqWger
3. Mailing Address for }person listed in item 2 above: (2 5 o f U,��
ZZ �U12� 6radj2 flri ve-
City: Wilmington _+ State: NQ .trip: — z8409
Telephone Number: 91 a-443-2993
4. Project Name (subdivision, facility, or establishment name - should be consistent v4th project name on
plans, specifications, letters, operation and maintenance agreements,
iUn Oaks-lowAomes
S. Location of Project (street address):
101 Hint n Ammue
City. _ — —)K- ngtarn _ _ _ - County: New Han ve
6. Directions to project (from nearest major intersection):
From Olmndgrj�rive (US Hwv 76) and College Road 0wy 132). drive aDnrox_1 mile, tUTn1�ft onto
11nio_n_Ave., drive a rox. 10001f NE to inMection of Park Ave, and Hinton Ave. Site is on left.
7, Latitude : N 34° 13' 00" Longitade: _ W 77° 51' 00" _ ,_ _ of project
8. Contact person who can answer questions about the project:
Name: Phillip Tripp Telephone Number: 910-763-5100
I1. PERMIT INFORMATION:
1. Specify whether project is (check one): X New Renewal Modification
Form S%VU-101 Version 3,49 Page 1 of 4

N0.475r P-11
JUN.c4.200Z 12:41PM NCDENR 0IR0_
�. if this application is being submitted as the result of renewal or modification to an existina permit, list
The existing permit number and its issue date (if knflµm)
3. Specify the type of project (check one):
Low Density X High Density Redevelop General Permit Other
t. Additional Project Requirements (check applicable blanks):
CAMA Major X SedimentatiorvErosion Control 404/1401 Permit NPDES Starruwater
Information on required state permits can be obtained by contacting the Customer Service Center at
1-577-623-6748.
al. PROJECT WORMATION
1. In the space provided below, summarize how stormwater will be treated. Also attack a detailed narrative
(one to two pages) describing stormwater management for the project.
on -site wet detention basin
2, Stormwater runoff from ibis project drains to the CaDe Fear River basin.
3, Total Project Area: 4M' acres
5. How many drainage basins does the project have? 1
4. Project Built Upon Area; _ _„ 3_.2 %,
6. Complete the following information for each drainage area. If there are more than two drainage areas in the
project, attach an additional sheet with the information for each area provided in the same format as below.
siili.-f'4
i�$ Q ar�Z7!•��'��.•ei, '4; N"
-. 'i �: �,4 'i; '.4 r$iSia A $t L�'�'y 'i r'
Receiving Streams Name
Bradley Creek '
Receiving Stream Class
SC HQW
Drainage Basin Area
4.03 ac
Existing Impmious * Area
-
Proposed Impervious * Area
I.58 ac
% Impervious* Area (total)
39.2%
i
On -site Buildings
28,228 sf
Dn-site Streets
-
On -site Parking
3 5,43 9 sf
On.site Sidewalks
-
Other on -site
5,070 sf
off' -site
Total,
D,68,737 sf
'" Impervious area is defined 0s the built upon area including, but not limited to, buildings, roads, parking
areas sidewalks, gravel areas, etc.
Form S WU-I 01 Version 3.99 Page 2 of 4

No. 4 75---P - 12
3UN.24.2003 12:41PM NCDENR WIRO
How was the off -site impervious area listed above derived'?
IV. DEED RESTRICTIONS AND PROTECTIVE COVENANTS
The following italicized deed restrictions and protective covenants are required to be recorded for all
subdivisions, ourparcels and future development prior to the sale of any lot. If lot sizes vary significantly, a
table listing each lot number, size and the allowable built -upon area for each lot must be provided as an
attachment.
The following covemnts are intended to ensure ongoing compliance with stale stormwater rr awg, emenr pe> mir
rnrmber as issued by the Division of Water duality, These covenants may
not be changed or deleted without the consent of the Stare.
2. No more than scpzare feet of any lot shall be covered by structures of impemous matenals.
Imper✓lous materials include asphalt, grave, concrete, brief stone, slate or s mikir rrtcmtenal'but do not include wood
deddng or the water surface of swflnn ng poo&.
3, Swales shall not be filled in, piped or altered except as necessary to provide drfvew y crossings:
4. Built -upon area in excess of rile permitted amount requires a state stormwater management petTnit md frcaatton prior
to caonsrruation
5, All permitted mmfffrom outporcels orfuture development shall be &ected into the permitted stormwater control
system, Yhese conneclionS to the stormwater control system shall be performed in a mgnner that nwisnatra the
inregriry and performance of the system as permitted.
By your sipature below, you certify that the recorded deed restrictions and protective covenants for this project
small include all the applicable items required above, that the covenants will be binding on all patties and
persons claiming under therr� that they will run with the land, that the required covmwits cannot be changed or
deleted vithout concurrence from the State, and that they will be recorded prior to the sale of any lot.
V. SUPPLEMENT FORMS
The applicable state stormwater management permit supplement form(s) listed below must be submitted for
each BMP specified for this project. Contact the Storrawater and General Permits Unit at [phone] for
the status and availability of these forans.
Form SW-102
Form SW(J-103
Form SWU-104
Farm SWU-105
Form SWU-106
Form 5WU-107
Form SWU-109
Form SWU-109
Wet Detention Basin Supplement
Infiltration Basin Supplement
Low Density Suppl=mt'
Curb outlet System Supplement
Off•Site system Suppl==t
Underground Infiltration Trench Supplement
Neuse River Basin Supplement
Innovative Best Management Practice Supplement
Form SIW-101 Version 3.99 Page 3 of 4

JLJN . 24. 2003 12 ! 42PM NCDENR 6J I P,0
N0.475P.13
`"l. SUBMITTAL REQUIREIMENTS
Only complete application packages will be accepted and reviewed by the Division of Water Quality (DWQ).
A complete package includes all of the items listed below. The complete application package should be
submitted to the appropriate DWQ Regional Office,
1, Please indicate that you have provided the following required information by initialing m the space
provided next to each item.
Applicant's Initials
• Original and one copy of The Stormwater Management Permit Application Form �UL
• One copy of the applicable Supplement P'orm(s) fat each BMP
• Permit application processing fee of $420 (payable to NCDENR)-
• Detailed narrative description of stortnwamr treatment/managemeat
• Thvo copies of plans and specifications, including: [ _
- Developmcnt/Project name
- Bagineer and firtrt
- Legend
North avow
Scale
- Revision number and date
- Mean high water line
- Dimensioned property/projectt b oundavy
- Location map with named streets orNCSR numbers
- Original contours, proposed contours, spot elevations, fituslied floor elevations
- Details of roads, drainage features, collection systems, and stoirnwater control measures
- Wetlands delineated, nr a note on plans that none exist
Existing drainage (including aff-site), drainage easements, pipe sizes, runoff calculations
- Drainage areas delineated
- Vegetated buffers (where required)
VII. AGENT AUTHORIZATION
If you wish to designate authority to another individual or firm so that they may provide information on your
belialf, please complete this section. '
Designated agent (individual or firm):
Mailing Address: 41 Ch str► t 5 eet
City: , Wilrntnr ton State: N�,_ Zip: 28401
Phone: [phone]
VIII. APPLICANT'S CERTIFICATION
Fax-. [phone]
I, (print or type name of person listed in General.Information, item 2) Johnnv Ivev,
certify that the information included on this permit application form is, to the best of my laiowledge, correct and
that the project will be constructed in conformance with the approved plans, that the required deed restrictions
and protective covenants will be recorded, and that the proposed project complies with the requirements of 15A
NCAC 2H .1000.
gn _ _
S i ature; Date: � _ r
.
Form SWU-101 Version 3,99 Page 4 of

NO.475 P.14
JUN.24.2002 12=42Ph1_ NCDENR WIRO
Permit No.-���CS)}�/
(10 be Provided by D 11• Q)
State of North Carolina
Department of Environment and Natural Resources
Division of Water Quality
STORMWATER MANAGEMENT PERMIT APPLICATION FORM
WET DETENTION BASIN SUPPLEMENT
This farm may be photocopiedfor use as an original
DWO Stormwater Management plan Review;
A complete stormwater management plan submittal includes a wet detention basin supplement for each basin,
design calculations, plans and specifications showing all basin and outlet structure details, and a signed and
notarized operation and maintenance agreement.
r. PROJECT INFORMATION (please complete the following iriformation):
Project Name; inton Oaks Townhomes
Contact Person; Charles Cagier Phone Number: [phone]
For projects with. multiple basins, specify which basin this worksheet applies to: I
.elevations
Basin Bottom EIevation 8.o _ _ _ ft.
Permanent Poal Elevation I4.0 ft,
Temporary Pool Elevation 15.0 ft.
(floor of the basin)
(elevation of the orifice)
(elevation of the discharge structure overflow)
areas
Permanent Pool Surface Area 5125 sq,ft. (water surface area at the orifice elevation)
Drainage Area
Impervious Area
volumes
Permanent Pool Volume
Temporary Pool 'Volume
Forebay Volume
Other parameters
SA/DAI
Diameter of Orifice
Design RainfialI
Design TSS Removal
4.03 ac. (on -site and off -site drainage to the basin)
•1.58 ac. (on -site and off site drainage to the basin)
17 169 cu.ft. (combined volume of main basin and forebay)
5 891 cu.ft. (volume detained above the permanent pool)
3 392 cu.ft. - (approximately 20% of toial volume)
2.10 (surface area to drainage area ratio from DWQ table)
1.25 in. (2 to 5 day temporary pool draw -down required)
1.0 in.
90 % (minimum 85% required)
'arm S WU-] 02 Rev 3.99 Page 1 of 4

JUN.24.2003 12'42PM NCDENR WIR0
Footnotes:
TQ1_- ` N0. 475__P . 1S
1. When using the Division SAIDA tables, the correct SA/DA ratio for permanent pool sizing should be computed based upon the
actual impervious % and permanent pool depth. Linear interpolation should be employed to determine the correct value for noiz-
standard table entries.
?. In the 20 coastal counties, the re4uiremem for a vegetative filter may be waived ifthe wet detention basin is designed to provide
90% TSS removal, The NCDENR HMP manual provides design tables for both 85% TSS removal and 90% TSS removal.
11. REQUIlkED ITEMS CHECKLIST
The followirg checklist outlines design requirements per the Stormwater Best Management Practices M?nual
(N.C. Department of Environment, Health and Natural Resources, February 1999) and Administrative Code
Section. 15 A NCAC 2H .1008.
Initial in the space provided to indicate the following design requirements have been met and supporting
documentation is attached. If the applicant has designated an agent in the Stormwater Management Permit
Application Form, the agent may initial below. If a requirement has not been met, attach justification.
Applicants Itutials
),- a. The permanent pool depth is between 3 and 6 feet (required ni]r rnum of 3 feet),
b. The forebay volume is approximately equal to 20% of the total basin volume.
C c. The temporary pool controls runoff from the design storm event.
C r d. The temporary pool draws down in 2 to 5 days.
e. If required, a 30-foot vegetative filter is provided at the outlet (include non -erosive flow
calculations).
(J) L f. The basin length to width ratio is greater than 3: 1.
C� g. The basin side slopes above the permanent pool are no steeper than 3 :1.
h. A submerged and vegetated perimeter shelf with a slope of 6:1 or 1 ess (show detail).
i. Vegetative cover above the permanent pool elevation is specified.
j. A trash rack or similar device is provided for both the overflow and orifice.
G k. A recorded drainage easoment is provided for each basin including access to nearest right-
of-way.
1. If the basin is used for sediment and erosion control during construction, clean out of the
basin is specified to be performed prior to use as a wet detention basin
m. A mechanism is specified which will drain the basin for maintenance or an emergency.
III. WET DETENTION BASIN OPERATION AND MAINTENANCE AGREEMENT
The wet detention basin system is defined as the wet detention basin, pretreatment including forebays and the
/egetated filter if one is provided.
Phis system (Check one) ❑ does X does not incorporate a vegetated filter at the outlet.
('his system (check one) ❑ does X does not incorporate pretreatment other than a forebay,
orm SWU-102 Rev 3.99 Page 2 of 4

.5UN.24.2003 12:42PN NCDENR WIRO qtw--
N0.475 rP. �5-
hlatntenance activities shall be performed as follows:
1. After every significant runoff producing rainfall event and at least monthly:
a. Inspect the wet detention system for sediment accumulation; erosion, trash accumulation,
vegetated cover, and general condition,
I
. Check and clear the orifice of any obstructions such that drawdown of the temporary pool occurs
within 2 to 5 days as designed.
2. Repair eroded areas immediately, re -seed as necessary to maintain good vegetative cover, mow vegetative
cover to maintain a maximum height of six inches, and remove trash as needed,
3. Inspect and repair the collection system (i.e. catch basins, piping, swales, riprap, etc.) quarterly to
maintain proper functioning,
4. Remove accumulated sediment from the wet detention basin system semi-annually or when depth is
reduced to 75% of the original design depth (see diagram below). Removed sediment shall be disposed
of in an appropriate manner and shalt not be handled in a manner that will adversely impact water quality
(i.e. stockpiling near a wet detention basin or stream, etc.).
The measuring device used to determine the sediment elevation shall be such that it will give an accurate
depth reading and not readily penetrate into accumulated sediments.
When the permanent pool depth reads 4.5 feet in the main pond, the sediment shall be removed.
When the permanent pool depth reads 2.25 feet in the forebay, the sediment shall be removed.
BASIN DUGRAM
(fall in the blanks)
Permanent Pool Elevation 1J.0
Sediment R moral El. 11,75 75 u
--------------- Sediment Removal Elevation 9.55 75%
Bottom evation l Z.0 5�0-------------------------------------------- ----
Bottom Elevation 8.0 25°/q
FOREBAY MAIN POND
5, Remove cattails and other iridigenous wetland plants when they cover 50% of the basin surface. These
plants shall be encouraged to grow along the vegetated shelf and forebay berm,
5. If the basin must be drained for an emergency or to perform maintenance, the flushing of sediment
through the emergency drain shall be minimized to the maximum extent possible.
orrn SWJU-102 Rev 3,99 Page 3 of 4

JUN.24.2003 12:42pt-1 NCBENR WIRO
�. All components of the tvet detention basin system shall be maintained in good working order. .
I. acknowledge and agree by my signature below that I am responsible for the performance of the seven
maintenance procedures listed above. I agree to notify DWQ of any problems with the system or prior to al)v
changes ro the system or responsible party.
Print name: Johnny Ive
Title: _ - Member Manager — -- — _— — -- - _
i? Z9 ff/
Address:
Plione
Signature;
Date: /y-1r2-0
-2993
8409 (25 Or
Note: The legally responsible party should not be a homeowners association unless more than 501116of the lots have been sold and
a resident of the subdivision has been named the president_
I, Della C. Baird , a Notary Public for the State of NoEth Carolina , County
of Pender , do hereby certify that _ ,Tohnny_ _ _ _ ..._.,...
personally appeared before me this /Q*- day of _QCj9!?eo,' and acknowledge the due
execution of the forgoing wet detention basin maintenance requirements. Witness my hand and official seal,
NpTAR y
P�gL1U '4-
C 013��``'�•
����1JlIfIlSl1ti4�4�``\`
SEAL
My commission expires Octo_ber_15, 2006
"orm 5 WU-103 Rev 3.99 Page 4 of 4

NO. 475--* P . 18 —
JUN.24.2003 12=42PN
23 0-64 5156
NCDENR WIRC
—
STATE OF NORTH CAROLINA
DEPARTMENT OF THE SECRETARY OF STATE
STATEMENT OF CHANGE OF REGISTERED
OFFICE A DIOR REGISTERED AGENT
S051D: 0516962
Date Filed: 3(14/2003 3;57;00 PM
Maine F, Marshall
North Carolina Secretary of State
Pursuant to §55D-31 of the Gcnerd Statutes of North Carolint, the undersigned entity submits the following for the purpose of
changing its registered office wid/or registered agent in the State of North Caroiitla.
W09MATION CURRLVMY ON FILE
Tha anme of the entity is: Park-Maton UC
,Entity Type: []Corporation, [DForoiip Corporation, ONanprofit Corporation, []Foreign Nooprof t Corporation,
Cl oohed Liabifiry Company, ❑Foreign Liruiwd Liahility Company ❑Li raitad Partneaship, []Forrsgn Limstcd Patmership,
0Lizuitcd Liability Pa=cnbip, DlPmtip Limitad Liability Partnership
The =,= address and county of the entity's registered ogee currently on fife is:
IDS Quail Ridge Road
WErnington, North Carolina 29409
Now Hanover County
The mailing address if different from the street address of the registered ofoe currently on fife is:
The name of the carrent registered agent is. Johnny Ivey
NEW W ORMATION
1. The street address and county ofthe acw registered office ofthc entity is:
(complete this item only If rile dress of the regisreredoffice Is beingch=gcii
6229 Rickard Braffley Drive
MWngton, Nadk Molina 28409
Nets Hanover County
2, The mailing address if dfj�crcPa from the street address of the new registered office is:
(complete this item only if the address of the registered office is being lounged)
3. The name of the new registered Merit and the new agent's consent to appointment appeals below:
(complete this Item only ff the recvrre of the registered agent is heing changed)
Johnny Ivey
7jPV Or Prfnr NOW Of New,dge►rr
• S'ignarlrrre d Title
4. The address of the cWty` s registered office and the address of the business office of its registered agent, as changed,
will be identical.
5, This statement will be effective upon film, unless a date and/or time is specified:
Trig Ls the.)_67day of 20 3
Notes: F3Am1 fa is MOR Thu dwnewt mw be fuW vdtb the sec►etwy by state.
• Jratead oftt�boro, iiK Herr tsp�t>rrod><�t �.y rt�t t aeparioe Mrirte eep�tto fire appolatmrnk rvlrlth taa.t he �tbudle,d to thL rtaLcpie7it.
r-0"ORAMNS DIVISION P. O. BOX 29622 RALEIGf-L NC 27626-0622
RnrricM hT mary 7f1r17 FArm RI~-rK

Entity Names http://www.secretary.state.nc.us/Corporations/soskb/Corp.asp?47427
CV
451.North Carolina
" Elaine F. Marshall DEPART EN OF THE
•4','•Secretary SECRETARY OF STATE
PO Box 29622 Raleigh. NC 27626i-0622 919 07-2000
.a t �
Corporations Home
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or New Corporation
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Date: 6/2/2003
Document Filings
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Name Name Type
PARK-HINTON LLC Legal
Limited Liability Company Information
4�i�•�
0516962
Status:
Current -Active
Date Formed:
1/20/2000
Citizenship:
Domestic
State of Inc.:
NC
Duration:
DEC, 2050
Registered Agent
Agent Name:
Ivey, Johnny
Registered Office Address:
6229 Richard Bradley Drive
Wilmington NC 28409
Registered Mailing Address:
6229 Richard Bradley Drive
Wilmington NC 28409
Principal Office Address:
6229 Richard Bradley Drive
Wilmington NC 28409
Principal Mailing Address:
No Address
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Click here for help downloading forms.
1 of 1 6/2/2003 4:08 PM

P. 1
FILE -MODE
---------- -------
158 MEMORY TX
OPTION
COMMUNICATION RESULT REPORT ( MAR.26.2803 12'59PM )* TTI NCDENR WIRO
RESULT PAGE
- ADDRESS (GROUP) _ -_a ----------------
- - - - P. 1/1
----------------�-?635631
REASON FOR ERROR E-2) BUSY
E1) A G UP OR LINE FAIL E--4) NO FACSIMILE CONNECTION
-
0w
F A
� Michael F. Easley, Governor
.0
� William G. Ross Jr., Secretary
3 North Carolina Department of Environment and Natural Resources
p Alan W. Klimek, P.D. Director
Division of Water Duality
FAX COVER. SHEET
Date:
March 26, 2003
To:
Phil Tripp, P.E.
Company:
Tripp Engineering
FAX 9:
763-5631
DWQ Stormwater project Number: SW$ 030107
Project Name: Hinton Oaks Townhornes
IMMAGE+ :
Phil:
No. of Pages: T
From: Linda Lewis
Water Quality - Stormwater
FAX # [phone]
Phone # [phone]
I sent you a request for additional information letter today for this project. I also went over the
project with Laurie Munn, our new engineer, and X discovered another minor problem- the plan
details show the orifice diameter as 0.75", but the calculations and supplement show 1.25".
Please revise this on the detail sheet.

NEW HANOVER COUN
* ENGINEERING DEPARTMENT 9 � � � V �
O T&-LX O➢ NTS 2 414 CHESTNUT STREET NOV 15
EOF' INOUVAY cpQo WILMINGTON, NORTH CA_ROLINA 28401-4045 �g
NORTH TELEPHONE [phone] ---
WYATT E. f3LANC lvimu,P.E. ••_
County Engineer
November 7, 1994
Ms. Linda Lewis
Environmental Engineer
North Carolina Department of Environment, Health
and Natural Resources
Wilmington Regional Office
Division of Environmental Management
Water Quality Section
127 Cardinal Drive Extension
Wilmington, North Carolina 28405
RE: Hinton/Wrightsville Ditch Maintenance
Dear Linda:
I am in receipt of your November 3, 1994 letter. Please- find
enclosed three (3) copies of the plan.
The County plans to re -grade the referenced ditch to provide
drainage to the upland area including a sewer lift station subject
to flooding. This work consists of cleaning approximately 2,325
feet of an existing drainage ditch. The grading will start as soon
as possible and will be completed within the month.
The responsible party is Wyatt E. Blanchard, P.E., County Engineer,
at the address shown on this letterhead. -
Very trt-'V�lours
�—r
Jame S. Craig, P.E.
evil Engineer
New Hanover County
JSC/aj
Enclosure
17 rpt.i7-131' F, f 7
OWE •-!5
NOV 1 b 1994
DEM