SW8980220_HISTORICAL FILE_20171102

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

Scott, Georgette
From: Riddle, Rick L
Sent: Thursday, November 02, 2017 3:45 PM
To: Scott, Georgette
Subject: RE. Forest Grove Townhomes, New Hanover Co, SW8 980220 - Case # PC-2015-0020
Georgette,
A letter came from Mr. Broadus Hill lit before the end of the 30 days were up. In the response letter he basically denied
possession of the property or responsibility for the property.
know, that is where it stands. I haven't heard anything else.
R ick
Richard L. Riddle, Jr.
Stormwater Engineer
-::�-Nlothing Compares.--,-,,
Either Annette or Toby has the letter at this time. As far as t
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.
From: Scott, Georgette
Sent: Thursday, November 02, 2017 2:05 PM
To: Riddle, (tick L <[e-mail]>
Subject: FW: Forest Grove Townhomes, New Hanover Co, SW8 980220 - Case # PC-2015-0020
Importance: High
New my email below. Just realized your name was also on the letter. Has there been any action on this?
Georgette Scott
State Stormwater Program Supervisor
Department of Environmental Quality
Office [phone]
Fax [phone]
Geor ette.Scott ncdenr. ov
127 Cardinal Drive Ext.
Wilmington, NC 28405
Nothing Compares
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.
From: Scott, Georgette
Sent: Thursday, November 02, 2017 2:04 PM

Scott, Georgette
From: Scott, Georgette
Sent: Thursday, November 02, 2017 2:05 PM
To: Riddle, Rick L
Subject: FW: Forest Grove Townhomes, New Hanover Co, SW8 980220 - Case # PC-2015-0020
Importance: High
New my email below. Just realized your name was also on the letter. Has there been any action on this?
Georgette Scott
State Stormwater Program Supervisor
Department of Environmental Quality
Office [phone]
Fax [phone]
Georgette.ScotW5)ncdenr.gov
127 Cardinal Drive Ext.
Wilmington, NC 28405
-;a
Nothing Compares_,-,_
i
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.
From: Scott, Georgette
Sent: Thursday, November 02, 2017 2:04 PM
To: Vinson, Toby <[e-mail]>; Cole, Brad ([e-mail]) <[e-mail]>; Lucas,
Annette <[e-mail]>
Cc: Shelton, Sullivan, <[e-mail]>; Sams, Dan <[e-mail]>
Subject- Forest Grove Townhomes, New Hanover Co, SW8 980220 - Case # PC-2015-0020
Importance: High
A settlement option of Civil Penalty was sent out Aug 24, 2017 to Mr. Broadus Edward Hill III. Has he paid the fine and
given anyone a plan to correct the site? I have not send anything come in here.
Georgette Scott
State Stormwater Program Supervisor
Department of Environmental Quality
Office [phone]
Fax [phone]
Georgette. [e-mail]
127 Cardinal Drive Ext.
Wilmington, NC 28405
Nothing Compares.-u.

Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third padies.

ROY COOPER
AEA'
i
Energy, Mineral
and Land Resources
ENVIRONMENTAL L,IUALETY
CERTIFIED MAILRETURN RECEIPT REQUESTED
7003 1680 0001 0743 3759
Mr. Broadus Edward Hill III
115-3 Hinton Avenue
Wilmington, NC 28403
August 14, 2017
Subject: Settlement Option of Civil Penalty
Broadus Edward Hill ill
Case No. PC-2015-0020
SW8980220
New Hanover County
Dear Mr. Broadus Edward Hill III:
MICHAEL S. REGAN
TRACY DAVIS
il:!tri'tnr
Your immediate attention to this matter is required. On 11/15/2016, the Division of Energy,
Minerals and Land Resources (DEMLR) assessed a civil penalty against you in the amount of
$9,954.00, which includes $1,954.00 in investigative costs.
The civil penalty assessment document clearly stated that you had three options available within
thirty (30) calendar days of your receipt, accordingto North Carolina General Statute 143-215.6A.
You could have paid the penalty, requested remission of the penalty, or filed a contested case
petition with the Office of Administrative Hearings.
DEMLR records indicate that you received the civil penalty document on or about 11/18/2016.
Our records indicate that DEMLR received your remission request on 1/20/2017, however this
request was received beyond this thirty (30) day requirement as required by North Carolina
General Statute 143-215.6A thus your request for remission is denied.
As of the date of this letter, the following are options available to you.
1) Pay the full penalty amount of $9,954.00. Send the payment within thirty (30) calendar
days of your receipt of this letter to the below. Also, as you are still in violation of your
permit requirements and currently have an expired permit, you are still required to do
the following:
a. ' Within 30 calendar days, renew expired permit.
b. Within 30 calendar days, provide a plan and action plan with specific items with
dates to achieve compliance with the SW permit. (if needed, you can request the
stormwater staff from the WIRO to help you develop this plan)
State of North Carolina I Envirmmental Quality I Energy, Mineral and Land Resources
1612 Mail Service Center 1 512 North Salisbury Street j Raleigh, NO 27699-1612
919 707 9200 T

c. Once the plan is complete, it will be reviewed for approval by the DEMLR
Stormwater Permitting Unit and Stormwater Wilmington Regional Office.
d. Once the plan is approved, all work should be completed within 6 months of the
approval date.
e. Once site is compliant, transfer the permit to HOA.
If sending via US Postal Service If sending via delivery service (UPS, FedEx, etc.)
Richard Riddle Richard middle
DEMLR— Stormwater Unit DEMLR—Stormwater Unit
1612 Mail Service Center 512 N. Salisbury St.
Raleigh, NC 27699-1612 Raleigh, NC 27604
2) If no payment or response is received _within thirty (30) calendar days of your receipt of
this letter, DEMLR will proceed with collection procedures for the full amount of the
penalty by referring your case to the North Carolina Attorney General's Office. If
necessarv, the Attornev General's Office will file a case against you in Superior Court to
' collect the penalty.
The violations addressed by this assessment must be abated and properly resolved. Please be
advised that additional assessments may be levied for future, continuing, or other violations
beyond the scope of this specific assessment. You are also encouraged to contact Georgette
Scott with the DEMLR Wilmington Regional Office at [phone] if you need assistance in
achieving compliance at the site.
If you have any questions, please contact Rick Riddle at [phone].
Sincerely,
Tracy . avis
Direct , DEMLR
Cc: Georgette Scott—. DEMLR Wilmington Regional Office
DEMLR Stormwater Permitting Unit - Enforcement File Copy
Smot-of'_ "L carol I Fmim=-nm1 Qs tg(Enemy Matra a1 and Land Rnwwrss
1612 \h l Semi= Gmax E 512 Nart1: SaEsbuy Sure; 1 Raleirk NC 27699.16L'
9i97079200 3
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ROY COOPER
MICHAE:1, S. RE„GAN
TRACY DAVIS
Energy. Kner of
and Land Resou?',�es
ENu1r�0>; N>•�T�r. «tlr.r.1T��
CERTIFIED MAILRETURN RECEIPT REQUESTED
70031680 00010743
010743 3759
Mr. Broadus Edward Hill III
115-3 Hinton Avenue
Wilmington, NC 28403
August 14, 2017
Subject: Settlement Option of Civil Penalty
Broadus Edward Hill III
Case No. PC-2015-0020
S W 8980220
New Hanover County
Dear Mr. Broadus Edward Hill III:
Your immediate attention to this matter is required. On 11/15/2016, the Division of Energy,
Minerals and Land Resources (DEMLR) assessed a civil penalty against you in the amount of
$9,954.00, which includes $1,954.00 in investigative costs.
The civil penalty assessment document clearly stated that you had three options available within
thirty (30) calendar days of your receipt, according to North Carolina General Statute 143-215.6A.
You could have paid the penalty, requested remission of the penalty, or filed a contested case
petition with the Office of Administrative Hearings.
DEMLR records indicate that you received the civil penalty document on or about 11/18/2016.
Our records indicate that DEMLR received your remission request on 1/20/2017, however this
request was received beyond this thirty (30) day requirement as required by North Carolina
General Statute 143-215.6A thus your request for remission is denied.
As of the date of this letter, the following are options available to you.
1) Pay the full penalty amount of $9,954.00. Send the payment within thirty (30) calendar
days of your receipt of this letter to the below. Also, as you are still in violation of your
permit requirements and currently have an expired permit, you are still required to do
the following:
a. Within 30 calendar days, renew expired permit.
b. Within 30 calendar days, provide a plan and action plan with specific items with
dates to achieve compliance with the SW permit. (if needed, you can request the
stormwater staff from the WIRO to help you develop this plan)
State of North Carolina I rsrrirotunental Quality I Energy, Mineral and laid Rcsaarccv
i t,12 N1aI1 Service Censer 1 512 North Wisbun- Street ', Raleil;h. NC 27691)-161 _
919 707 9290 T

c. Once the plan is complete, it will be reviewed for approval by the DEMLR
- Stormwater Permitting Unit and Stormwater Wilmington Regional Office.
d. Once the plan is approved, all work should be completed within 6 months of the
approval date.
e. Once site is compliant, transfer the permit to HOA.
If sending via US Postal Service
Richard Riddle
DEMLR —Stormwater Unit
1612 Mail Service Center
Raleigh, NC 27699-1612
If sending via delivery service (UPS, FedEx, etc.)
Richard Riddle
DEMLR -- Stormwater Unit
512 N. Salisbury St.
Raleigh, NC 27604
2) If no payment or response is received within thirty (30) calendar days of your receipt of
this letter, DEMLR will proceed with collection procedures for the full amount of the
penalty by referring your case to the North Carolina Attorney General's Office. If
General's Office file a case against you in Superior Court to
necessary, the Attorney Ge,ne
collect the penalty.
The violations addressed by this assessment must be abated and properly resolved. Please be
advised that additional assessments may be levied for future, continuing, or other violations
beyond the scope of this specific assessment. You are also encouraged to contact Georgette
Scott with the DEMLR Wilmington Regional Office at [phone] if you need assistance in
achieving compliance at the site.
If you have any questions, please contact Rick Riddle at [phone].
A
vis
EMLR
Cc: Georgette Scott— DEMLR Wilmington Regional Office
DEMLR Stormwater Permitting Unit - Enforcement File Copy
Sn� e: carp Eci ^r r.:a Q a c ; Er.-M-. M=a1 Kn ur-s
e5:' _lai SmtiCt Cx-&! ' {:'_ �-f:hSa_3 cn Scatc . Patief , \C '759wi6::
919 71N 92Ck). T
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11�7

Scott, Georgette
From: Scott, Georgette
Sent: Monday, August 07, 2017 4:13 PM
To: Sullivan, Shelton
Cc: Riddle, Rick L; Sams, Dan
Subject: RE: 2 SW cases - No Remission - Settlement?
Attachments: SW8 980220 Forest Grove Townhomes.docx
Shelton�G/
Attached are the bullets for Forest Grove
Georgette Scott
State Stormwater Program Supervisor
Department of Environmental Quality
Office [phone]
Fax [phone]
Georgette.Scott(c ncdenr.gov
127 Cardinal Drive Ext.
Wilmington, NC 28405
Do you need anything from Steve on the other enforcement action?
Nothing Compares..
;r.
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.
From: Sullivan, Shelton
Sent: Friday, August 04, 2017 2:44 PM
To: Scott, Georgette <[e-mail]>; Pusey, Steven <[e-mail]>
Cc: Riddle, Rick L <[e-mail]>
Subject: FW: 2 SW cases - No Remission - Settlement?
They both were more than 30 days responding to the assessment. Toby checked with Jeff Poupart and decided that we
should not proceed with that route. But the Division still can settle. See attached drafts. And can you bullet out some
minimum steps for Forest Grove?
But these need to be signed by DEMLR CO.
Thanks
Shelton Sullivan
Environmental Senior Specialist
401 & Buffer Permitting Branch
Division of Water Resources
North Carolina Department of Environmental Quality
919 807-6361 office
919 807-6494 fax
shelton.sullivan([e-mail]
512 N. Salisbury Street, Archdale Bldg #942G, Raleigh, NC 27604

1617 Mail Service Center, Raleigh, NC 27699-1617
-^"Nothing Compares.-,-,-
Emait cormspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.
From: Sullivan, Shelton
Sent: Friday, August 04, 2017 12:25 PM
To: Vinson, Toby <[e-mail]>
Cc: Riddle, Rick L <[e-mail]>; Karen Higgins <[e-mail]>
Subject: RE: 2 SW cases - No Remission - Settlement?
Here are my drafts, just let us know how to proceed. But I think if a large reduction, Director should agree or delegate
settlementt authority to you.
Thanks
Shelton Sullivan
Environmental Senior Specialist
401 & Buffer Permitting Branch
Division of Water Resources
North Carolina Department of Environmental Quality
919 807-6361 office
919 807-6494 fax
[e-mail]
512 N. Salisbury Street, Archdale Bldg #942G, Raleigh, NC 27604
1617 Mail Service Center, Raleigh, NC 27699-1617
�/^Nothing Compares.
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to thiM parties.
From: Sullivan, Shelton
Sent: Friday, August 04, 2017 11:25 AM
To: Vinson, Toby <tob .vinson ncdenr. ov>
Cc: Riddle, Rick L <rick.ridd,le,Cg ncdenr.Rov>
Subject: 2 SW cases - No Remission - Settlement?
If you would rather the AGO to draft, that is fine with me. Should you ask them or who should I ask. Who is left there?
Murray Farms, maybe fine as is, but not sure of the language needed.
Forest Grove, may need some specific items to meet before agreeing to settlement.
I drafted a letter but maybe it should be more legal?
2

Shelton Sullivan
Environmental Senior Specialist
401 & Buffer Permitting Branch
Division of Water Resources
North Carolina Department of Environmental Quality
919 807-6361 office
919 807-6494 fax
shelton.sullivanCc)ncdenr.gov
512 N. Salisbury Street, Archdale Bldg #942G, Raleigh, NC 27604
1617 Mail Service Center, Raleigh, NC 27699-1617
<�Nothing Compares
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.

To: Shelton Sullivan
Subject: SW8 980220 Forest Grove Townhomes: Requirements to bring stormwater system into
compliance
1. First action is to renew expired permit.
2. Remove trees and vegetation in and around pond. Cleanout pond and unclog outlet structures.
Restore pond to design condition.
3. Remove vegetation, regrade and restore swales. Add swales that were not constructed.
Construct swales per approved SW plan.
4. Ensure all swales, drain pipes and pond slopes are revegetated per approved plans and are not
eroding.
S. Provide access to pond for maintenance and inspection.
6. Repair all piping for system including pipes under road and driveways that have been destroyed
due to lack of maintenance and improper construction of SW system.
7. Repair or replace any road surfaces that are destroyed as a result of bringing the stormwater
system into compliance.
8. Provide a PE certification to DEMLR upon completion of the stormwater system restoration.
9. Work with residents to properly record covenants and deed restrictions for lots noting
permitted BUA allocations.
10. Once site is in compliance, transfer permit to HOA.

Water Resources
ENVIRONMENTAL OUALITY
DATE
CERTIFIED
vMvvAIILvRVEVTvUvRNNVRECEIPT REQUESTED
�X�X�x X•X�X�X n�^�^fin ATn�ATn n�n�n�
Mr. Broadus Edward Hill III
115-3 Hinton Avenue
Wilmington, NC 28403
Subject: Settlement Option of Civil Penalty
Broadus Edward Hill III
•ase No. PC-2015-0020
SW8980220
New Hanover County
Dear Mr. Broadus Edward Hill III:
ROY COOPER
GOV0710r
MICHAEL S. REGAN
Secreiary
S. JAY 21MMERMAN
Direcxir
Your immediate attention to this matter is required. On 1/�S/ztlr , the Division of
Energy, Minerals and Land Resources (DEMLR) assessed a civil penalty against you in the
amount of $9,954.00, which includes $1,954.00 in investigative costs.
The civil penalty assessment document clearly stated that you had three options available
within thirty (30) calendar days of your receipt, accordingto North Carolina General Statute
143-215.6A. You could have paid the penalty, requested remission of the penalty, or filed
a contested case petition with the Office of Administrative Hearings.
DEMLR records indicate that you received the civil penalty document on or about
11/18/2016, Our records indicate that DEMLR received your remission request on
1/20/2017, however this request was received beyond this thirty (30) day requirement as
required by North Carolina General Statute 143-215.6A.
As of the date of this letter, there are options available for you.
1) DEMLR agrees to a settlement amount of $2,754.00 (which is $800 in penalty plus
$1954.00 in enforcement costs),. In order for DEMLR to agree to this, the following
items must be met: SS comment: OR AN AMOUNT YOU DECIDE (this is a 90)%
reduction but keeping the costs)
a. One -- ask the RO what is needed
b. Two
State of'North Carolina I Environtnenlal Quality I Water Resources
1617 Mail Service Center I Raleigh, North Carolina 27699-1617
919 807 6100

c. Three
d. Four
2) If you agree to this settlement, please sign below:
For Broadus Edward Hill, III.
PRINT
Signature
Date
Return this signed document and submit your payment within thirty (30) calendar
days. Please make your check payable to the Department of Environmental
Quality (DEQ). Send the payment within thirty (30) calendar days of your receipt
of this letter to the following: ^
If sending via US Postal Service
ick Riddl
EMLR—Stormwater Uni
5�17 Mail Service Cente
alei R A NC 27699-16�1
If sending via delivery service (UPS, FedEx, etc.)
iek Riddl
EM LR — Stormwater Uni
•alei h, NC 2750
3) Pay the full penalty amount of $9,954.00. Send the payment within_ thirty (301
calendar days of your receipt of this letter to the above.
4) If no payment is received within thirty (30) calendar days of your receipt of this
letter, DEMLR will proceed with collection procedures for the full amount of the
penalty by referring your case to the North Carolina Attorney General's Office. If
necessary, the Attorney General's Office will file a case against you in Superior
Court to collect the penalty.
The violations addressed by this assessment must be abated and properly resolved. Please
be advised that additional assessments may be levied for future, continuing, or other
violations beyond the scope of this specific assessment. You are also encouraged to contact
Georgette Scott with the DEMLR Wilmington Regional Office at (MI j •X• •X•x• if you need
assistance in achieving compliance at the site.
If you have any questions, please contact Rick Riddle a (9,►19,1 8474X•X•X•. .
Sincerely,

Tracy E. Davis
Director, DEMLR
Cc: Georgette Scott— DEMLR Wilmington Regional Office
t --
DEMLR Stormwater Permitting Unit - Enforcement File Copy,

Scott, Georgette
From:
Scott; Georgette
Sent:
Wednesday, June 28, 2017 4:36 PM
To:
Sullivan, Shelton
Cc:
Cole, Brad ([e-mail])
Subject:
RE: Forest Grove Remission Request
Attachments:
PC-2015-0020_Forest Grove Remission Memo and Factors DRAFT
Grove—Remission
Jun2017GScomments.docx
I corrected some things and fixed the last page. Please use this version.
Georgette Scott
State Stormwater Program Supervisor
Department of Environmental Quality
Office [phone]
Fax [phone]
Geor ette.Scott ncdenr. ov
127 Cardinal Drive Ext.
Wilmington, NC 28405
Nothing Compares
Email correspondence to and from this address is subject to the
North Carolina Public Records Lave and may be disclosed to third parties.

Scott, Georgette
From: Scott, Georgette
Sent. Wednesday, June 28, 2017 146 PM
To: Sullivan, Shelton
Cc: Riddle, Rick L; Higgins, Karen; Lewis,Linda
Subject: RE: Forest Grove Remission Request
Attachments: PC-2015-0020 Forest Grove Remission Memo and Factors DRAFT
J un2017GScomments.docx
Shelton,
Here are my comments. Let me know if you have any comments.
Georgette Scott
State Stormwater Program Supervisor
Department of Environmental Quality
Office [phone]
Fax [phone]
Georgette.ScottC�ncdenr.gov
127 Cardinal Drive Ext.
Wilmington, NC 28405
'Nothing Compares. ---,-
Email correspondence to and frorrr this address is subject to the
!North Carolina Public Records Law and may be disclosed to third parties_
from: Sullivan, Shelton
Sent: Thursday, June 22, 2017 1:34 PM
To: Scott, Georgette <[e-mail]>; Pusey, Steven <[e-mail]>
Cc: Riddle, Rick L <[e-mail]>; Higgins, Karen <[e-mail]>; Randall, Mike
<[e-mail]>
Subject: Forest Grove Remission Request
Importance: High
Please see the attached and the DRAFT Memo. Make edits as needed and we can discuss. Once we agree, please email
back to Rick and Shelton and we will present to Toby here in CO and go from there.
Note the highlighted areas and update including current status as well.
THANKS
Shelton Sullivan
Environmental Senior Specialist
401 & Buffer Permitting Branch
Division of Water Resources
North Carolina Department of Environmental Quality
919 807-6361 office
919 807-6494 fax
shelton. sullivan(o7ncdenr, gov

r
512 N. Salisbury Street, Archdale Bldg #942G, Raleigh, NC 27604
1617 Mail Service Center, Raleigh, NC 27699-1617
�. '"Nothing Compares,,,.
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.

i
Remission Request Summary and Recommendation
To: William E. Toby Vinson, Jr., Chief of Program Operations
From: Georgette Scott, Stormwater Program Supervisor
Through: Rick Riddle -- Stormwater Permitting Unit
Assessed Party: Broadus Edward Hill, Ill. County: New Hanover
k �
Date: June 21, 2017 (Gate
Region: WIRO
�1
Case No.: PC-2015-0020 & LQSW-15-022 Permit No.: SW8980220
Case Background and Assessment
• 12-14-2000
Broadus Edward Hill, Ill (Ed Hill) received State Stormwater Management Permit
SW8980220 for a high density development known as Forest Grove Subdivision
in New Hanover County..
• 12-14-2014
Stormwater Management Permit No. SW8980220 expired. Expired in 2014. As of
6/28/17 still not renewed. Mr. Hill is still permittee.
• 1-2-2013 to
January 2, 2013, DEMLR conducted an inspection based on a citizen complaint.
5-15-2015
DEMLR conducted additional follow-up site visits on April 13, 2013; March 28,
2014; September 17, 2014; and May 15, 2015. DEMLR staff noted several
operation and maintenance violations on the site.
• File Review
DEMLR file review revealed that the deed restrictions were not properly
recorded and submitted to DEMLR as required by the permit. Also, the file
review revealed that the Designer's Certification had not been submitted to
DEMLR as required by the permit. And finally, the permittee failed to submit a
change in ownership form to DEMLR to transfer the permittee to the HOA.
• 5-1-2014
DEMLR WIRO issued Notices of Violation and Enforcement Recommendation for
6-26-2014
the violations on the subject site. DEMLR records indicate that these documents
6-3-2015
were delivered.
• 11-15-2016
As of the date of the assessment, DEMLR had not received a written response to
the NOVRE and the violations had not been resolved.
• 11-15-2016
Broadus Edward Hill, III was assessed a civil penalty of $9,954.00 ($8.000 civil
penalty plus $ 1,954.00 investigative costs):
• 4,000 for violation of failing to renew State Stormwater Management
Permit No. SW8980220 within 180 days prior to permit expiration according
to Title 15A NCAC 02H .1003 (h)(2).
•S 2,000 for violation of Permit No. SW8980220 Section 11.14 and Title 15A
NCAC 02H .1008 (i) by failing to provide proper operation and maintenance of
the stormwater control measures.
• 1000 for violation of Permit No. SW8980220 Section 11. No. 16 & 17 and
Title 15A NCAC 02H .1003 (d)(2) by failing to record deed restrictions
consistent with the approved plans and failing to provide copies to DEMLR.
• 500 for violation of Permit No. SW8980220 Section 11.9 and Title 15A NCAC
02H .1008 (j) by failing to certify the stormwater system.
• 500 for violation of Permit No. SW8980220 Section 11.4(c) by failing to
submit a modification upon transfer of ownership.
• 11-19-2016
DEMLR records indicate that the assessment document was delivered to Mr.
Broadus Edward hill.
rev I,O — 2,05.2015

Page 2 of 8
Remission Request Summary and Recommendation
+ 1-20-2017 DEMLR Stormwater Permitting Unit received a Remission request received from
Mr. Broadus Edward Hill, III, dated 1-17-2017. This was beyond the 30-day
response requirement but DEMLR WIRO and CO staff recommends that the
remission process be allowed to proceed. Agee
TCV 1,0 - 2,05.2015

Mr. Broadus Edward Hill, III (B.E. Hill, 111) states the following:
Factor A
1. B.E. Hill, III was not in control of the property, permit, stormwater system at the time for renewal
of the permit. The permit is still in his name and was when we sent a renewal request in 2009
and non -compliant inspections in 2013 when we again reminded him of renewal requirement.
2. B.E. Hill, III was not in control of the stormwater system operation and maintenance. Why not?
He is the permittee.
3. B.E. Hill, III attempted to include deed restrictions per the covenants to each lot. Per his permit.
He should have done that when he started the subdivision not after he sold the all the lots.
4. B.E. Hill, III believed the system was certified and accepted to the best of his knowledge. His HD
permit required a certification and he was told again in all the inspections that he was required
to certify.
S. Original project engineer, Ward Andrews, passed away during construction and 2nd engineer,
John Klein, was hired to complete the project. This caused great confusion and hardship.
Factor B
6. B.E. Hill, III participated in abatement process (pumped down water level) as hard as he could
financially and met DEMLR representatives on site several times. He also met with the County
administration as well. There is one entrance into this subdivision. Due to the pond condition
and poor maintenance the entrance floods and residents can not get into the subdivision.
Factor C
7. B.E. Hill, III states, "This was my first land development project. I have tried my best to observe
laws and regulations pertaining to development guidelines. An HOA was set up and the
homeowners refused to participate in common area maintenance. Phase II (15 lots) was sold to
another developer. This project was being built during lean economic times and financial
hardship was an issue."
Factor D
8. B.E. Hill, III has not been assessed civil penalties any for previous violations.
Factor
9. B.E. Hill, III is not financially able to participate in activities necessary to achieve compliance.
EMLR Comments: See also a!! m comments 0-570 UP TRIEMS
Trh
7, e—s i U e—n Wo-f, t e HOA was w!1lin to work wit Mr. ,Hill to et thinco s r—re cted.I With the ime la se th
OA resident has so! his home and !e , the subdivision because there has een I rro corrective action. _
•om !aInEMOTE —en Mo DEMLR rom a homeowner in Jul 2016 statin that the. are still have loodln o
e s Rd! y!slon entrance. Lhe Oie-H0,4 does not own t e ermi and will not renew or the ermlttee
the are waltin or the outcome o his action
n, recent communication? Permit Status? Site Status. The subdivision and the permit non-compliance
status has not changed since the enforcement action was submitted. No action has been taken by the
permittee, Mr. Hill, to renew, certify the pond or maintain the site. The residents are not wealthy and do
not have funds to hire a lawyer. The permit is expired.
Please see the following provided remission request information for the provided information.
(delete?).
rcv 1.0-2,05,20IS

Page 4 of 8
Remission Request Summary and Recommendation
Mr. Broadus Edward Hill, III requests remission based on the following remission factors:
(a)_One or more of the civil penalty assessment factors in G.S. 143B-282.1(b) were wrongfully applied
to the detriment of the petitioner
B.E. Hill, III states the following:
1. B.E. Hill, III was not in control of the property, permit, stormwater system at the time for renewal of
the permit
2. B.E. Hill, III was not in control of the stormwater system operation and maintenance.
3. B.E. Hill, III attempted to include deed restrictions per the covenants to each lot.
4. S.E. Hill, III believed the system was certified and accepted to the best of his knowledge.
S. Original project engineer, Ward Andrews, passed away during construction and 2nd engineer, John
Klein, was hired to complete the project. This caused great confusion and hardship.
EN1LR Res ons:_': DFMtR contends that al! 8 assessment factors were correctly applied. He is still the
permittee.
(b) the violator promptly abated continuing environmental damage resulting from the violation
B.E. Hill, III states the following:
1. B.E. Hill, III participated in abatement process (pumped down water level) asa-,he could financially
and met DEMLR representatives on site several times. He also me-t with the County administration
as well.
EMLR R'es Anse DEMLR contends that the HOA and the county tried to work with Mr.
Hill the permittee). The permittee did pump down some of the water at the site but did not fix the cause
of the flooding which was due topoor maintenance and faulty i es to the pond. After this initial action
by the oermittee, he refused to fix the actual cause for the non-compliance and did not certifv the
pond.
yes.
(c) the violation was inadvertent or a result of an accident List the factor
B.E. Hill, III states the following:
1. B.E. Hill, III states, "This was my first land development project. I have tried my best to observe laws
and regulations pertaining to development guidelines. An HOA was set up and the homeowners
refused to participate in common area maintenance. Phase II (15 lots) was sold to another
developer. This project was being built during lean economic times and financial hardship was an
issue."
bEMLR Res onse DEMLR contends that the ermittee did not allow the_permit requirements. He did
not try to fix the problem with the pond and he did not work with the HOA to try to resolve the covenant
and deed issues.
rev 1.0 — 2.0 2015

(d)the violator had not been assessed civil penalties for any previous violations;
B.E. Hill, III states the following: B.E. Hill, III has not been assessed civil penalties any for previous
violations
�onse, According to DEMLR records, Broadus Edward Hill, III has no record of prior
enforcement actions
(e) payment of the civil penalty will prevent payment for the remaining necessary remedial actions.
B.E. Hill, III states the following: B.E. Hill, III is not financially able to participate in activities necessary to
achieve compliance.
EMR Res onse DEMLR agrees that the full pa my ent of the enalty may hinder corrective actions by
the permittee for this subdivision Mr. Hill is still the permittee and is responsible for fixing and certifying
the pond and petting the site back to compliance before this permit is transferred to the HOA. The HOA
consists of residents that do not have funds to fix this non -compliant situation for this developerR
No record of prior enforcement for past 5 years.
ate
MM pertinent information- current status recent communications etc. Not included in thi
emplace, but in the old on 11 information has been provided in the Enforcement Action. The
status of the subdivision has not changed. The permittee has not attempted to fix the site and
the HOA (who is NOT the permittee) can not afford a lawyer or on engineer to correct the site.
Remission Recommendation from Regional Office and Central Office
DEMLR WIRO Regional Office Recommendation (Check One)
Request Denied ❑
Full Remission ❑ Retain Enforcement Costs? Yes ❑ No ❑
Partial Remission ❑ $ (enter amount)
WIRO Comment: •omp_lianee status? Permit statusr. No Action to Correct byPermittee, still
expired.
• DEMLR Central Office Stormwater Permitting Unit Recommendation (Check One)
Request Denied ❑
Full Remission ❑ Retain Enforcement Costs? Yes ® No ❑
Partial Remission ® $ 75%-100% remitted (enter amount)
CO Comment: The 2014GUFFent HOA president seemed to be responsive and tried to help
the permittee makede corrections to the stormwater system?-???? He notified us that he was
moving out of the subdivision due to these issues. We have not had any further contact with
rev 1.0 — 2,05.2015

Page 6 of 8 Remission Request Summary and Recommendation
the „HOA at this point. One resident complaint was filed in July 21. 2016 with WIRO office.
Compliant was that road was flooding entrance to subdivision. So this means that as of this date
the pond has not been fixed by the permittee. Any eammentr "ere"
rev I.0 — 2,05.2015

DIVISION OF WATER RESOURCES
CIVIL PENALTY REMISSION FACTORS
Case Number: Region: County:
Assessed Entity: Permit:
® (a) Whether one or more of the civil penalty assessment factors were wrongly applied to the detriment
of the petitioner:
+LMLR contend tha al! S assessmentgawoAgree
I
® (b) Whether the violator promptly abated continuing environmental damage resulting from the
violation:
��nds that [he HOA and the county tried to work with the permittee (Mr. Hill). Mr. Hill did
pump down some of the water at the site in 2014 but did not fix the cause of the flooding which was
® (c) Whether the violation was inadvertent or a result of an accident:
not try to fix the problem with the pond and he did not work with the HOA to try to resolve the
covenant and deed issues.
® (d) Whether the violator had been assessed civil penalties for any previous violations:
According to DEMLR records, Broadus Edward Hill, ill. has no record of prior enforcement actions
® (e) Whether payment of the civil penalty will prevent payment for the remaining necessary remedial
actions:
payment of the oenolty may hinder corrective actions by the permittee for this subdivision. Mr. Hill is
still the permittee and is responsible for fixing and certifying the pond and getting the site back to
compliance before this permit is transferred to the HOA. The HOA consists of residents that do not
have funds to fix this non -compliant situation for this developer.
DECISION (Check One)
Request Denied ❑
Full Remission ❑ Retain Enforcement Costs? Yes ❑ No ❑
Partial Remission[] (Enter Amount Remitted) Retain Enforcement Costs? Yes ❑ No ❑
William E. Toby Vinson, Jr., PE, CPESC, CPM Date
rev 1.0 -- 2.05.2015

Page 8 of 8
Remission Request Summary and Recommendation
Chief of Program Operations
Division of Energy, Mineral, and Land Resources
rev 1.0 — L05.2015

(b)
the v
steps
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the
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com
EXPLANATION (a
�f
e6
JUSTIFICATION FOR REMISSION REQUEST
DEMLR Case Number
Assessed Party: Mr. Broz !
Permit No. (if applical
Please use this form wl•
Waiver 01 Ri ht to an A
should attach any doc,
evaluating your reques
factors listed below of
remission is not the pr
statements contained
penalty may be grant
believe applies to yot
factor applies (attach: f
e
•.,,` (a) one or
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JAN202 it
County: New Hanover DENR-1AND QJA'_iTY
`
STO RM."O./ATER PERW f I
54.00
he "Request For Remission,
on of this civil penalty. You
_
;the Director to consider in
to consideration of the five
_�. —
malty assessed. Requesting
of any of the factual
pi`ccuracy
o -c
=282,1(c), remission of a civil
_C
check each factor that you
ng documents, as to why the
Pere wrongfully applied to the
Z.ssessment
document);
ra
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i the violation (i.e., explain the
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e violation was unavoidable or
rry remedial actions (i.e., explain
activities necessary to achieve

JUSTIFICATION FOR REMISSION REQUEST lL,a���
DEMLR Case Number: PC-2015-0020 County: New Hanover 'DENR_LAND OUAi ITT
Assessed Party: Mr. Broadus Edward Hill, M STORM ,WATER �EFc,RliI I ING
Permit No. (if applicable): SW8980220 Amount Assessed: $9,954.00
Please use this form when requesting remission of this civil penalty. You must also complete the Request For Remission,
Waiver of Right to an Administrative Nearing, and Stipulation of Facts" form to request remission of this civil penalty. You
should attach any documents that you believe support your request and are necessary for the Director to consider in
evaluating your request for remission. Please be aware that a request for remission is limited to consideration of the five
factors listed below as they may relate to the reasonableness of the amount of the civil penalty assessed. Requesting
remission is not the proper procedure for contesting whether the violation(s) occurred or the accuracy of any of the factual
statements contained in the civil penalty assessment document. Pursuant to N.C.G.S. § 1438-282.1(c), remission of a civil
penalty may be granted only when one or more of the following five factors applies. Please check each factor that you
believe applies to your case and provide a detailed explanation, including copies of supporting documents, as to why the
factor applies (attach additional pages as needed).
(a) one or more of the civil penalty assessment factors in N.C.G.S. 1438-282.1(b) were „wrongfully applied to the
detriment of the petitioner (the assessment factors are listed in the civil penalty assessment document);
(b) the violator prom tly abated continuing environmental damage resulting from the violation (i.e., explain the
steps that you took to correct the violation and prevent future occurrences);
(c) the violation was inadvertent or a result of an accident (i.e., explain why the violation was unavoidable or
something you could not prevent or prepare for),'
(d) the violator had not been assessed civil penalties for any previous violations;
(e) payment of the civil penalty will prevent payment for the remaining necessary remedial actions (i,e., explain
how payment of the civil penalty will prevent you from performing the activities necessary to achieve
complionce).
EXPLANATION (attach additional pages as necessary]:
/
%

January 17, 2017
RE: Case f# PC-201S-0020
Justification for remission request
Broadus E. Hill, III
A. B. E. Hill, III was not in control of the property, permit, stormwater system at time for renewal of
permit.
B. E. Hill, III was not in control of the stormwater system operation and maintenance.
B. E. Hill, III attempted to include deed restrictions per covenants conveyed to each lot
B. E Hill, III believed system was certified and accepted to the best of his knowledge.
Original project engineer, Ward Andrews, passed away during construction and 2' engineer, John Klein,
was hired to complete the project. This caused great confusion and hardship.
B. B. E. Hill, III participated in abatement process (pumped down water level) as far as he could
financially and met DEQ representative on site several times. He met with county administration also.
C. This was my first land development project. I have tried my best to observe laws and regulations
pertaining to development guidelines. A HOA was set up and the homeowners refused to participate in
common area maintenance. Phase 11 (15 lots) was sold to another developer. This project was being
built during lean economic times and financial hardship was an issue.
D. B. E. Hill, III has not been assessed civil penalties for previous violations.
E. B. E. Hill, III is not financially able to participate in activities necessary to achieve compliance.

STATE OF NORTH CAROLINA
COUNTY OF New Hanover
IN THE MATTER OF ASSESSMENT
OF CIVIL PENALTIES AGAINST
Mr. Broadus Edward Hill III
ENVIRONMENTAL MANAGEMENT
COMMISSION
WAIVER OF RIGHT TO AN
ADMINISTRATIVE HEARING AND
STIPULATION OF FACTS
CASE NO. PC-2015-0020
Having been assessed civil penalties totaling 9 954.00 for violation(s) as set forth in the assessment document of
the Director of the Division of Energy, Mineral and Land Resources dated September 28, 2016, the undersigned, desiring to
seek remission of the civil penalties, does hereby waive the right to an administrative hearing in the above -stated matter and
does stipulate that the facts are as alleged in the assessment document.
The undersigned further understands that all evidence presented in support of remission of this civil penalty must be
submitted to the Director of the Division of Energy, Mineral and Land Resources within thirty (30) calendar days of receipt of
the civil penalty assessment. No new evidence in support of a remission request will be allowed after thirty (30) calendar
days from the receipt of the civil penalty assessment.
This the day of `'i �T �/ .20 17
NAME (pr'nted)
SIGNATURE
ADDRESS
TELEPHONE

PAT MCCRORY
Govrmor
DONALD R. VAN DER VAART
Energy, Mineral
and Land Resources
ENVIRONMENTAL GU4LITY
TRACY DAVIS
lJrrectar
November 16, 2016
DEA: C0M_P_LE'iE T'hIS-SECT/01V,
COMPLETE:vijs SECTiON ON v.60VERY
CERTIFIED MAIL # 700: 0,Complate Items `1�, 2, and,3. Also comple . to'
RETURNRECEIPT EC 'item 4 If Restricted Delivery
A: SignalUtre
Agent
tS
Mr. Broadus Edward Hill� 0 Pdn' you(. reverse
arKddC
0 Addressee
115-3 Hinton Ave so that we can return the card to you.
I
B...Aec�viid by(" N-nted Name) C. livery
pri
6h this card to the back of the mallpisce,
Wilmington, NC 28403 1 .0,Attd
c on the front (.space permits.
Ir
r
Article Addressed to:
;'1'
CERTIFIED MAIL # 7009
' 0Yes
0 No
RETURN RECEIPT RE
r- Broadus Edward Hill I, ' Mr. Broadus Edward Hili
NOV 21 ZU16
P.O. Box 3596 . P.O. Box 3596
1
Holly Ridge, NC 28445 I 11 11 r 0:'A o hit' ')QIIAr
SECTION
SUBJECT: Assess
lilt
Forest Regista ewm Receipt for. MerctlandIse
Gr(
Permit No';
4. Restricted Dell
New Hanci- 13 ye.
Case No. 2. Article NuThber 7iPR9i j1]Q80 1 0000 i9765'::17,92
Dear Mr. Hill: PS Form 38111, February- 2004' Domestic'Rettim Receipt I . 02596-02-*IW
This letter transmits notice of a
includes $1 4 L96-00 in i
penalty. COMAC�Tf'THIS 5EGTJOJ%OiVF1*L1�Ef?y'
This action was taken
Department of Enviror
Resources, Any Conti
additional penalty.
1. Article Addressed to:
Within thirty (30) calend!
I. Submit payment (I
2. File a request for
3. File a written petit,
Failure to exercise one 0
of these documents will 11
request to initiate a civil
OP,ompleto items 1,'2, -and 3.,P49 D=PletO.
Rem, 4 If Restricted DeINBfY is desired. i
m Print your name and address on the reverse."
so that.we can return the card to you.
M 'Attach this card totheback of the mailpl6ce,
or on the front if space pormits.
These options are detailedt
Mr. Broadus Edward Hill, III
1 1 1,3 Hinton Ave
A. Slg!Ia
7
UAgent
.0,AddtVm'e9
Received by (Printea Neme1
C: Date -of Delivery
D.: is deliv . "0a&5j8ffljYerFtfrOrntterA1?
ifYES; enrterd8"Iia6ssbelow:
13 NO
4b
Wilmington, NC 28403 3 T.
Mail' O,Exprii.nMall
ORogts"
Rabjmi' Ascelpt for Merchandise
0 tnsured Mail C.O.D.
4. Restricted Dollvety7 (Extra Fee} [3 yes
2. Article Number
13 0 813 0 0 a ©I8� �C:4
PS Form 3811, February 2004 Domestic Return Rkdpt b
State of North Caroline I Elivirotimenjal
1612 Mail Service Cent, 1 512 1 Q=1rry I Energy, Mineral and Land R,sources
N. Salisb_y St. I Raleigh, NC 27699
919 707 9200 T

Energy, Mineral
and Land Resources
ENVIRONMENTAL OUALITY
November 16, 2016
CERTIFIED MAIL # 7009 0080 0000 9765 1778
RETURN RECEIPT REQUESTED
Mr. Broadus Edward Hill, III
115-3 Hinton Ave
Wilmington, NC 28403
CERTIFIED MAIL # 7009 0080 0000 9765 1792
RETURN RECEIPT REQUESTED
Mr. Broadus Edward Hill
P.O. Box 3596
Holly Ridge, NC 28445
SUBJECT: Assessment of Civil Penalties
Forest Grove Subdivision
Permit No. SW8980220
New Hanover County
Case No. PC-2015-0020
Dear Mr. Hill:
PAT MCCRORY
(I'll VM01
DONAI,U R. VAN' DER VAART
TRACY DAVIS
lkrecror
This letter transmits notice of a civil penalty assessed against you in the amount of $9 954.00, which
includes $1,954._0.0 in investigative costs. Attached is a copy of the assessment document explaining this
penalty.
This action was taken under the authority vested in me by delegation provided by the Secretary of the
Department of Environmental Quality and the Director of the Division of Energy, Mineral and Land
Resources. Any continuing violation(s) may be the subject of a new enforcement action, including an
additional penalty.
Within thirty (30) calendar days of receipt of this notice, you must do one of the following three options.-
1. Submit payment of the penalty, OR
2. File a request for remission of civil penalties, OR
3, File a written petition with the Office of Administrative Hearings.
Failure to exercise one of the above three options within thirty (30) calendar days of your receipt
of these documents will result in this matter being referred to the Attorney General's Office with a
request to initiate a civil action to collect the penalty.
These options are detailed below:
Slate of Noah Carolina I En6ronmental QLWitv I Energy, Mineral and Land Resources
1612 Mail Scrvice Center j 512 N Saltsbtrn St. I Raleigh, NC 27699
919 707 9200 T

Mr. Broadus Edward Hill, III
New Hanover County
Case No. PC-2015-0020
Page 2 of 4
Option 1 — Submit payment of the penalty:
Payment should be made to the order of the Department of Environmental Quality (DEQ). You
do not need to include any forms with your payment, however please reference the Case No.
PC-201"020 on your check or money order,
Payment of the penalty will not foreclose further enforcement action for any continuing or new
violation(s). Payment must be sent within 30 calendar days of receipt of this notice to the
attention of:
If sending by First Class Mail via
the US Postal Service:
Bradley Bennett
NC DEQ-DEMLR — Stormwater Permitting
1612 Mail Service Center
Raleigh, NC 27699-1612
If sending via delivery service
(e.g. UPS, FedEx):
or Bradley Bennett
NC DEQ-DEMLR — Stormwa ter Permitting
512 N. Salisbury Street
Raleigh, NC 27604
Option 2 — File a request for remission of civil penalties:
A request for remission or mitigation is limited to consideration of the reasonableness of the
amount of the penalty and is not the proper procedure for contesting the accuracy of any of the
statements contained in the assessment letter.
Because a remission request forecloses the option of an administrative hearing, such a
request will not be processed without a waiver of your right to an administrative hearing
and a stipulation that there are no factual or legal issues in dispute.
You must execute and return to this office_ the attached "Waiver of Right to an Administrative
Heari
ng and Stipulation of Facts" and the attached "Justification for Remission Request" which
should describe why you believe:
(a) one or more of the civil penalty assessment factors in G.S. 143B-282.1(b) were
wrongfully applied to the detriment of the petitioner;
(b) the violator promptly abated continuing environmental damage resulting from the
violation;
(c) the violation was inadvertent or a result of an accident;
(d) the violator had been assessed civil penalties for any previous violations;
(e) payment of the civil penalty will prevent payment for the remaining necessary remedial
actions:
For this option you must file your request for remission of civil penalties within thirty (30)
calendar days of receipt of this notice. Submit this information to the attention of:
If sending by First Class Mail via
the US Postal Service:
Bradley Bennett
NC DEQ-DEMLR — Stormwa ter Permitting
1612 Mail Service Center
Raleigh, NC 27699-1612
If sending via delivery service
(e.g. UPS, FedEx):
or Bradley Bennett
NC DEQ-DEMLR — Stormwa ter Permitting
512 N. Salisbury Street
Raleigh, NC 27604

Mr. Broadus Edward Hill, 111
New Hanover County
Case No. PC-2015-0020
Page 3 of 4
Option 3 — File a written A_ etition with the Office of Administrative Hearings:
This Civil Penalty Assessment can be contested as provided in Articles 3 and 4 of General
Statute 150B by filing a written petition for an administrative hearing to the Office of
Administrative Hearings (hereby known as OAH). A petition form may be obtained from the OAH
at.http://www,ncoah.com/ or by calling the OAH Clerk's Office at [phone] for information.
Within thirty (30) calendar days of receipt of this notice, a petition must be filed with the OAH. A
petition is considered filed when the original and one (1) copy along with any applicable OAH
filing fee is received in the OAH during normal office hours (Monday through Friday between
&OOam and 5:00pm, excluding official state holidays).
The petition may be faxed to the OAH at [phone], provided the original and one copy of
the petition along with any applicable OAH filing fee is received by the OAH within five (5)
business days following the faxed transmission.
Mailing address for the OAH:
If sending via US Postal Service: If sending via delivery service (UPS, Fed Ex, etc):
Office of Administrative Hearings Office of Administrative Hearings
6714 Mail Service Center 1711 New Hope Church Road
Raleigh, NC 27699-6714 Raleigh, NC 27609-6285
One (1) copy of the petition must also be served to DEQ:
Sam M. Hayes, General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh, INC 27699-1601
The violations addressed by this assessment and any impacts to waters must be abated and properly
resolved. You are encouraged to contact Linda Lewis, with the DEMLR Wilmington Regional Office at
[phone] if you need assistance in achieving compliance at the site. Please be advised that
additional assessments may be levied for future, continuing, or other violations beyond the scope of this
specific assessment.
If you have any questions, please see the following website: http!//Portal.ncdenr.org/web/ir/stormwater or
contact Bradley Sennett at (919) 807 -6378.
Sincer ly,
r
i liam . Vinson, Jr., P.E., CPESC, M
Division of Energy, Mineral and Land esources
cc: Dan Sams /Linda Lewis/ Georgette Scott-- DEMLR Wilmington Regional Office
Bradley Bennett—Stormwater Permitting Program
John A. Payne, Assistant Attorney General

JUSTIFICATION FOR REMISSION REQUEST
DEMLR Case Number: PC-2015-0020 County: New Hanover
Assessed Party: Mr. Broadus Edward Hill, III
Permit No. (if applicable): SW8980220 Amount Assessed:.$ 9,954.00
Please use this form when requesting remission of this civil penalty. You must also complete the "Request For„Remission.
Waiver of Right to on Administrative Nearing, and Stipulation of Facts" form to request remission of this civil penalty. You
should attach any documents that you believe support your request and are necessary for the Director to consider in
evaluating your request for remission. Please be aware that a request for remission is limited to consideration of the five
factors listed below as they may relate to the reasonableness of the amount of the civil penalty assessed. Requesting
remission is not the proper procedure for contesting whether the violation(s) occurred or the accuracy of any of the factual
statements contained in the civil penalty assessment document. Pursuant to N.C.G.S. § 1436-282.1(c), remission of a civil
penalty may be granted only when one or more of the following five factors applies. Please check each factor that you
believe applies to your case and provide a detailed explanation, including copies of supporting documents, as to why the
factor applies (attach additional pages as needed),
(a) one or more of the civil penalty assessment factors in N.C.G.S. 143B-282.1(b) were wrongfully applied to the
detriment of the petitioner (the assessment factors are listed in the civil penalty assessment document);
(b) the violator promptly abated continuing environmental damage resulting from the violation (i.e., explain the
steps that you took to correct the violation and prevent future occurrences);
(c) the violation was inadvertent or a result of an accident (i.e., explain why the violation was unavoidable or
something you could not prevent or prepare for);
(d) the violator had not been assessed civil penalties for any previous violations;
(e) payment of the civil penalty_ will prevent payment „for the remaining necessaryremedial actions (i.e., explain
how payment of the civil penalty will prevent you from performing the activities necessary to achieve
compliance).
EXPLANATION fattach additional Rages as necessary):

STATE OF NORTH CAROLINA ENVIRONMENTAL MANAGEMENT
COMMISSION
COUNTY OF New Hanover
IN THE MATTER OF ASSESSMENT J WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST } ADMINISTRATIVE HEARING AND
Mr. Sroadus Edward Hill, III _ . _ } STIPULATION OF FACTS
CASE NO, PC-2015-0020
Having been assessed civil penalties totaling $9,954.00 for violation(s) as set forth in the assessment document of
the Director of the Division of Energy, Mineral and Land Resources dated September 28, 2016, the undersigned, desiring to
seek remission of the civil penalties, does hereby waive the right to an administrative hearing in the above -stated matter and
does stipulate that the facts are as alleged in the assessment document.
The undersigned further understands that all evidence presented in support of remission of this civil penalty must be
submitted to the Director of the Division of Energy, Mineral and Land Resources within thirty (30) calendar days of receipt of
the civil penalty assessment. No new evidence in support of a remission request will be allowed after thirty (30) calendar
days from the receipt of the civil penalty assessment.
This the day of . 20__ .
NAME (printed)
SIGNATURE
ADDRESS
TELEPHONE

STATE OF NORTH CAROLINA NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL
COUNTY OF NEW HANOVER RESOURCES
IN THE MATTER OF: ) CASE NO. PC-2015-0020
BROADUS EDWARD HILL; III )
}
FOR VIOLATIONS OF ) FINDINGS AND DECISION
15A NCAC 02H .1003, ) AND ASSESSMENT OF
15A NCAC 02H .1008, and ) CIVIL PENALTIES
State Stormwater Management Permit No.. }
SW8980220 }
Acting pursuant to North Carolina General Statutes (hereby known as G.S.) 143-215.6A, 1,
William E. Vinson, Jr., Section Chief of the Division of Energy, Mineral and Land Resources
(hereby known as DEMLR), make the followving:
FINDINGS OF FACT
A. Broadus Edward Hill, III, (also known as "Ed Hill") was issued State Stormwater
Management Permit No. SW8980220 on December 14, 2000 for a high density
stormwater project, known as Forest Grove Subdivision, in New Hanover County,
North Carolina.
B. Broadus Edward Hill, III is the pemtittee of record and is responsible for
constructing, operating and maintaining a stormwater treatment system at the
Forest Grove Subdivision located in New Hanover County, North Carolina.
C. Stormwater Management Permit No. SW8980220 expired on December 14, 2014.
D. DEMLR file review revealed that an application for renewal has not been
received.
E. Title 15A North Carolina Administrative Code (hereby known as NCAC) 02H
.1003 (h)(2) requires that applications for renewals shall be submitted 180 days
prior to the expiration date of a permit.
F. DEMLR conducted a compliance inspection of the subject site inspection on
January 2, 2013 based on a citizen complaint. DEMLR conducted additional
follow-up site visits on April 13, 2013, March 28, 2014; September 17, 2014; and
May 15, 2015.
G. During the site visits, DEMLR staff observed built upon area and engineered
stonmwater control measures on the subject site. DEMLR staff also observed that
the stormwater collection and control measures were not being properly
maintained as evidenced by erosion of the pond side slopes, debris clogging the
outlet structure, excessive sediment in the catch basins; piping, pond and forebay,
and the overgrowth of trees and woody vegetation in and around the pond, runoff
collection swales and outlet area.

Broadus Eduard Hill, III
New I lanover County
Page 2 of 5
H. Stormwater Management Permit No. SW8980220, Section I1. Schedule of
Compliance, No. 14 states that, "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..."
Title 15A NCAC 0211 .1008 (i) requires that the development be maintained
consistent with the requirements in the approved operation and maintenance plan.
DEMLR staff downloaded unofficial copies of the deeds from the New Hanover
County Register of Deeds website. The recorded documents were not consistent
with approved plans and application for Stormwater Management Permit No,
SW8980220. DEMLR file review revealed that the recorded documents were not
provided to DEMLR by the permittee.
K. Stormwater Management Permit No. SW8980220, Section 1I. Schedule of
Compliance, No. 16 requires that prior to the sale of any lot, deed restrictions
must be recorded which limit the built -upon area per lot to the amount as shown
per Permit No. SW8980220, Section I. Design Standards, No. 2 which include
that the subdivision is permitted for 30 lots, each allowed a maximum of 2,000
square feet of built -upon area.
L. Stormwater Management Permit No. SW8980220, Section II. Schedule of
Compliance, No. 17 requires that a copy of the recorded deed restrictions must be
submitted to the Division within 30 days of the date of recording the plat, and
prior to selling the lots.
M. Title 1 SA NCAC 02H .1003 (d)(2) requires recorded deed restrictions and
protective covenants to ensure that the development activities are maintained
consistent with the approved plans.
N. DEMLR file review revealed that the permittee has failed to submit the required
Designer's Certification for the permitted stormwater system.
O. Stormwater Management Permit No. SW8980220, Section II. Schedule of
Compliance, No. 9 states that, "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..."
P. Title 1 SA NCAC 0214 .1008 0) requires that upon completion of construction, the
designer for the type of system installed, must certify that the system was
inspected during construction was constructed in substantial conformance with
the approved plans; and complies with the requirements of the rules prior to
issuance of the Certificate of Occupancy.

Broadus Edward Hill, III
New Hanover Count
Page 3 of S
Q. DEMLR file review revealed that the ownership of the land including the
permitted stormwater system has changed to Forest Grove Home Owner's
Association Inc. according to New Hanover County online records. DEMLR file
review also revealed that the permittee has failed to submit a request to the
Division to transfer the permit to the Forest Grove Home Owner's Association
Inc.
R. Stormwater Management Permit No. SIA18980220,11. Schedule of Compliance,
No. 4 (c) includes that a transfer of ownership requires a permit modification.
S. On May 1, 2014 and June 26, 2014, DEMLR -Wilmington Regional Office issued
Notices of Violation and Recommendation for Enforcement (hereby known as
NOVRE) to Ed Hill's attorney and to Ed Hill respectively. DEMLR records
indicate that the NOVREs were received as evidenced by the signed green cards.
Despite the many onsite meetings and follow-up correspondence with Mr. Hill,
the violations have not been resolved.
T. On June 3, 2015, DEMLR Wilmington Regional Office issued a NOVRE to Mr.
Ed Hill. DEMLR records indicate that the NOVRE was received on June 8, 2015.
A Plan of Action was due by July 10, 2015. To date, DEMLR has not received a
response to the NOVRE and the violations have not been resolved.
U. Stormwater from the subject site described above drains to an unnamed tributary
of Mott Creek, Class C; Sw waters within the Cape Fear River Basin.
V. The cost to the State of the enforcement procedures in this matter totaled
$1,954.00,
Based upon the above Findings of fact; I make the following:
II. CONCLUSIONS OF LAW
A. Broadus Edward Hill, III is a "person'' within the meaning of G.S. 143-215.6A
pursuant to G.S. 143-212 (4).
B. Mott Creek constitutes waters of the State within the meaning of G.S. 143-212(6),
C. Broadus Edward Hill, 111, violated Title 15A NCAC 02H .1003 (h)(2) by failing
to submit a renewal application for Stormwater Management Permit No.
SW8980220 at least 180 days prior to the expiration date of the permit.
D. Broadus Edward Hill, 111, violated Stormwater Management Permit No.
SW8980220, Section 11. Schedule of Compliance, No. 14 and Title 15A NCAC
02H. 1008(i) by failing to provide.the operation and maintenance necessary to
assure the permitted stormwater system functions at optimum efficiency.
E. Broadus Edward Hill. Ili, violated Stormwater Management Permit No.
SW8980220, Section 1I. Schedule of Compliance, No. 16 and 17 and Title 15A
NCAC 02H.1003 (d)(2) by failing to record deed restrictions consistent with the

Broadus Edward Hill, III
New Hanover Count)'
Yage4of5
approved plans and failing to provide a copy of the recorded deed restrictions to
DEMLR.
F. Broadus Edward Hill, ill; violated Stormwater Management Permit No.
SW8980220, Section 11. Schedule of Compliance, No. 9 and Title 15A NCAC
02H .I008(j) by failing to certify the stormwater system.
G. Broadus Edward Hill, III, violated Stormwater Management Permit No.
SW8980220, Section I1. Schedule of Compliance, No. 4(c) by failing to submit a
request for modification to the permit upon transfer of ownership.
H. Broadus Edward Hill, III, may be assessed civil penalties in this matter pursuant
to G.S. 143-215.6A (a)(2), which provides that a civil penalty of not more than
twenty-five thousand dollars ($25,000) per violation per day may be assessed
against a person who is required but fails to apply for or to secure a permit
required by G.S. 143-215,1, or who violates or fails to act in accordance with the
terms, conditions, or requirements of such permit or any other permit or
certification issued pursuant to authority conferred by this Part.
Broadus Edward Hill, III, may be assessed civil penalties pursuant to G.S. 143-
215.6A (a)(6) which provides that a civil penalty of not more than twenty-five
thousand dollars ($25,000.00) per violation may be assessed against a person who
violates a rule of the Commission implementing this Part, Part 2A of this Article;
or G.S. 143-355(k),
The State's enforcement cost in this matter may be assessed against Broadus
Edward Hill, III pursuant to G.S. 143-215.3 (a)(9) and G.S. 14313-282.1 (b)(8).
K. William E. Vinson, Jr., Chief of Program Operations of DEMLR, pursuant to
delegation provided by the Secretary of the Department of Environment and
Natural Resources and the Director of the DEMLR, has the authority to assess
civil penalties in this matter.
Based upon the above Findings of Fact and Conclusions of Law; I make the following:
111, DECISION
Accordingly, Broadus Edward Hill, III is hereby assessed a civil penalty of:
$ 4,000.00_ for violation of Title 15A NCAC 02H .1003 (h)(2) by failing to
submit a renewal application for Stormwater Management Permit
No. SW8980220 at least 180 days prior to the expiration date of
the permit.
$ 2,000.00 for violations of Stormwater Management Permit No. SW8980220,
Section 11. Schedule of Compliance, No. 14 and Title 15A NCAC
02H. 1008(i) by failing to provide the operation and maintenance
necessary to assure the permitted stormwater system fitnctions at
optimum efficiency.

Broadus Edward Hill, III
New Hanover County
Page 5 of 5
$ L000.00 for violation of Stormwater Management Permit No. SW8980220,
Section II. Schedule of Compliance, No. 16 and 17 and Title 15A
NCAC 0214.1003 (d)(2) by failing to record deed restrictions
consistent with the approved plans and failing to provide a copy of
the recorded deed restrictions to DEMLR.
$ 500.00 for violation of Stormwater Management Permit No. SW8980220,
Section I1. Schedule of Compliance, No. 9 and Title 15A NCAC
02H .10080) by failing to certify the stormwater system.
500.00 for violation of Stormwater Management Permit No. SW8980220,
Section 11. Schedule of Compliance, No. 4(c) by failing to submit a
modification to the permit upon. transfer of ownership.
TOTAL CIVIL PENALTY, authorized by G.S. 143-215.6A
$ 1,954.00 Enforcement Cost
$ 9,954.00 TOTAL AMOUNT DUE
As required by G.S. 143-215.6A(c), in determining the amount of penalty; I considered the
factors set out in C.S. 14313-282. 1 (b), which are:
(1) The degree and extent of harm to the natural resources of the State, to the public health,
or to private property resulting from the violations;
(2) The duration and gravity of the violations;
(3) The effect on ground or surface water quantity or quality or on air quality;
(4) The cost of rectifying the damage;
(5) The amount of money saved by noncompliance;
(6) Whether the violations were committed willfully or intentionally;
(7) The prior record of the violator in complying or failing to comply with programs over
which the Environmental Management Commission has regulatory authority; and
(8) The cost 10 the State of the enforcement,procedures
11 bdxo I
Date
illiam E. Vinson, Jr., Chief of
vision of Energy, Mineral and
un Operations
Resources

NORTH CAROLINA DIVISION OF ENERGY, MINERAL AND LAND RESOURCES
Violator: Broadus Edward ]-fill. Ill
Project Name: Forest Grove
County: New Hanover Case Number: _PC-2015-0020 _
Permit Number: SW8 980220 mm�
REGIONAL OFFICE RECOMMENDED ASSESSMENT FACTORS
1) The degree and extent of harm to the natural resources of the State; to the public
health, or to private property resulting from the violation;
The pond's inability to draw down is due to a clogged outlet structure and piping
which are due to a lack of routine maintenance. The result is runoff that backs up
into the street and causes flooding possibly damaging the street infrastructure
and placing the homeowners in potential danger as that street is the only
entrance/exit to the subdivision.
The administrative violations regarding the lack of accurately recorded deed
restrictions can also lead to overbuilding and/or confusion on the part of the lot
owners as to how much built -upon area is allowed. Over -building can lead to a
BMP that is undersized for the amount of runoff it receives, meaning that the
runoff may not be treated to the minimum level required by the state stormwater
rules.
The lack of a certification for the pond means that the Division has no
assurances that the system has been properly installed. Deficiencies in the
amount of surface area or the elevation of the orifice and/or overflow weir, or the
orifice size may mean that the runoff is not treated to the minimum level required
by the state stormwater rules.
2) The duration and gravity of the violation;
The Division was first made aware of the problems in January 2013,
however the lack of maintenance and the lack of accurate deed restrictions
appear to have been problems from the beginning of this development. The
permittee has taken no action to date to provide the necessary maintenance or to
correct the deed restriction statements.
3) The effect on ground or surface water quantity or quality or on air quality;
Since the pond is clogged with sediment, any discharge that does occur from a
design storm rainfall event must be immediately via the overflow weir, meaning
that untreated runoff from a high density project is being discharged to an
unnamed tributary of Mott Creek. Flooding of the street has also been observed.
4) The cost of rectifying the damage;
Those costs associated with renewing the permit, repairing the private street,
amending the deed restrictions, transferring the permit and restoring the system
to design condition, They include: the $505.00 renewal fee, attorney's fees,
asphalt repair, removal of the vegetated overgrowth from the pond slopes and
from the swales; planting suitable permanent vegetation on the pond slopes and
swales; removal of accumulated sediment from the pond, the collection swales,
the catch basins, the collection piping, and the outlet piping; inspection of the
outlet structure and outlet piping to determine if repair is possible or if
replacement is warranted.
S) The amount of money saved by noncompliance;

The amount of money that would have been paid to a maintenance company for
the last 15 years, and the amount it will take to repair the damages, amend the
covenants, renew the permit, transfer the permit, and restore the system to a
compliant condition. Most maintenance companies charge between $100-$200
per month depending on the size and number of BMP's so that's a savings of
$18,000 to $36,000 per year to the permittee. Restoration cost estimates, street
repair, and attorney's fees are not known.
6) Whether the violation was committed willful]), or intentionally;
Unknown. However, the Division staff who met with and corresponded with the
permittee was led to believe that the permittee had every intention of taking care
of the situation, but never followed through.
7) The prior record of the violator in complying or failing to comply with programs
over which the Environmental Management Commission has regulatory authority;
and
No prior record.
8) The cost to the State of the enforcement procedures.
40 hours at $40.31 = $1600.00
8 hours at $44.22 = 354.00
$1954.00

Scott, Georgette
From: Bennett, Bradley
Sent: Thursday, February 23, 2017 1036 AM
To: Scott, Georgette
Subject: RE: Forest Grove - Enforcement Action - Green Card Return?
Okay. They have also asked for remission.
Bradley Bennett
Stormwater Permitting Program Phone: [phone]
NC Division of Energy, Mineral and Land Resources Fax: [phone]
1612 Mail Service Center Email: brad ley. ben nettftncdenr.gov
Raleigh, NC 27699-1612 Web: http:llportal,ncdenr.org/web/Ir/stormwater
Email correspondence to and from this address maybe subject to public records laws
From: Scott, Georgette
Sent: Thursday, February 23, 2017 10:13 AM
To: Bennett, Bradley <[e-mail]>
Cc: Vinson, Toby <[e-mail]>
Subject: FW: Forest Grove - Enforcement Action - Green Card Return?
Importance: High
Bradley,
You sent the Assessment Letter to us. Did you receive a green card back on this? If so can we have a copy for the
file? Also, do you know who will be following up on this?
Georgette Scott
State Stormwater Program Supervisor
Department of Environmental Quality
Office [phone]
Fax [phone]
Georgette.Scott(c-)ncdenr, gov
127 Cardinal Drive Ext.
Wilmington, INC 28405
4
5-'Nothing Compares.-,......
Email correspondence to and from this address is subject to the
No{th Carolina Public Records Law and may he disclosed to third parties.
From: Bennett, Bradley
Sent: Wednesday, November 16, 2016 9:22 AM
To: Scott, Georgette <[e-mail]>
Subject: RE: Forest Grove
Georgette,
FYI,

Penalty Estimate for Forest Grove Subdivision Stormwater Permit # SW8 980220
Staff Enforcement Cost:
• State funded position ((�
• 14 years longevity
• 25 hours enforcement action (hea) V14�
• $ 63,000 annual salary
x + 0.0765x + 0.1469x + 5285 + 0.015x
he = 2080 = 40.31
he = hourly compensation
x = annual salary
cost = hours enforcement action x he
Staff enforcement cost = 40 x 40.31 = $1,612.40 —# say
Assessment Amounts (State SW Guidance):
Failure to provide designer's certification —>
/ Failure to correctly record deed restrictions —�
Failure to notify of ownership change —•
Failure to renew —
�r—� Faiatrre-to-ohta+a�
Minor O&M Failures:
No access to pond provided —>
Erosion at storm drain pipes and pond side slopes
Swales not constructed as per plans & excessive tree growth —>
Outlet structure clogged with debris —*
Major O&M Failures:
Excessive sediment in SW pond & forebay —�
Excessive tree growth along SW pond sided slopes & outlet pipe - }
Total Recommended Penalty
$500
t �.$200
$500
a,• $4,000
$4,000.`
$200
la
$200
$200
$400
40%7 $1,000
$15,800

wi IRU- Qan 4i4 gh.S
Energy, Mineral
and Land Resources
ENVIRONMENTAL QUALITY
November 16, 2016
CERTIFIED MAIL # 7009 0080 0000 97651778
RETURN RECEIPT REQUESTED
Mr. Broadus Edward Hill, III
115-3 Hinton Ave
Wilmington, NC 28403
CERTIFIED MAIL # 7009 0080 0000 9765 1792
RETURN RECEIPT REQUESTED
Mr. Broadus Edward Hill
P.O. Box 3596
Holly Ridge, NC 28445
SUBJECT: Assessment of Civil Penalties
Forest Grove Subdivision
Permit No. SW8980220
New Hanover County
Case No. PC-2015-0020
Dear Mr. Hill:
PAT MCCRORY
Governor
DONALD R. VAN DER VAART
Secrelary
TRACY DAVIS
Direcror
1 _
Nd
By.
2016
This letter transmits notice of a civil penalty assessed against you in the amount of $9,954.00, which
includes $1 9�54l00 in investigative costs. Attached is a copy of the assessment document explaining this
penalty.
This action was taken under the authority vested in me by delegation provided by the Secretary of the
Department of Environmental Quality and the Director of the Division of Energy, Mineral and Land
Resources. Any continuing violations) may be the subject of a new enforcement action, including an
additional penalty.
VVithin thirty (30) calendar days of receipt of this notice, you must do one of the following three options:
1. Submit payment of the penalty, OR
2. File a request for remission of civil penalties, OR
3. File a written petition with the Office of Administrative Hearings.
Failure to exercise one of the above three options within thirty (30) calendar days of your receipt
of these documents will result in this matter being referred to the Attorney General's Office with a
request to initiate a civil action to collect the penalty.
These options are detailed below:
State of North Carolina 1 Environmental Quality I Energy, Mineral and land Resources
1612 Mail Service Center 1 512 N. Salisbury St. I Raleigh, NC 27699
919 707 9200 T
.r:

Mr. Broadus Edward Hill, Ill
New Hanover County
Case No. PC-2015-0020
Page 2 of 4
Option 1 — Submit payment of the penalty:
Payment should be made to the order of the Department of Environmental Quality (DEQ). You
do not need to include any forms with your payment, however please reference the Case No.
PC-2015-0020 on your check or money order.
Payment of the penalty will not foreclose further enforcement action for any continuing or new
violation(s). Payment must be sent within 30 calendar days of receipt of this notice to the
attention of:
If sending by First Class Mail via
the US Postal Service. -
Bradley Bennett or
NC DEQ-DEMLR — Stormwater Permitting
1612 Mail Service Center
Raleigh, NC 27699-1612
Option 2 File a request for remission of civil penalties:
If sending via delivery service
(e.g. UPS, FedEx):
Bradley Bennett
NC DEQ-DEMLR — Stormwater Permitting
512 N. Salisbury Street
Raleigh, NC 27604
A request for remission or mitigation is limited to consideration of the reasonableness of the
amount of the penalty and is not the proper procedure for contesting the accuracy of any of the
statements contained in the assessment letter.
Because a remission request forecloses the option of an administrative hearing, such a
request will not be processed without a waiver of your right to an administrative hearing
and a stipulation that there are no factual or legal issues in dispute.
You must execute and return to this office the attached "Waiver of Right to an Administrative
Hearing and Stipulation of Facts" and the attached "Justification for Remission Request" which
should describe why you believe:
(a) one or more of the civil penalty assessment factors in G.S. 143B-282. 1 (b) were
wrongfully applied to the detriment of the petitioner;
(b) the violator promptly abated continuing environmental damage resulting from the
violation;
(c) the violation was inadvertent or a result of an accident;
(d) the violator had been assessed civil penalties for any previous violations;
(e) payment of the civil penalty will prevent payment for the remaining necessary remedial
actions.
For this option you must file your request for remission of civil penalties within thirty (30)
calendar days of receipt of this notice. Submit this information to the attention of:
If sending by First Class Mail via
the US Postal Service:
Bradley Bennett or
NC DEQ-DEMLR — Stormwater Permitting
1612 Mail Service Center
Raleigh, NC 27699-1612
If sending via delivery service
(e.g. UPS, FedEx):
Bradley Bennett
NC DEQ-DEMLR — Stormwater Permitting
512 N. Salisbury Street
Raleigh, NC 27604

Mr. Broadus Edward Hill, III
New Hanover County
Case No. PC-2015-0020
Page 3 of 4
Option 3 — File a writtenpetition with the Office of Administrative Hearings:
This Civil Penalty Assessment can be contested as provided in Articles 3 and 4 of General
Statute 150B by filing a written petition for an administrative hearing to the Office of
Administrative Hearings (hereby known as OAH). A petition form may be obtained from the OAH
at hftp://www.ncoah.com/ or by calling the OAH Clerk's Office at [phone] for information.
Within thirty (30) calendar days of receipt of this notice, a petition must be filed with the OAH. A
petition is considered filed when the original and one (1) copy along with any applicable OAH
filing fee is received in the OAH during normal office hours (Monday through Friday between
8:00am and 5:00pm, excluding official state holidays).
The petition may be faxed to the OAH at [phone], provided the original and one copy of
the petition along with any applicable OAH filing fee is received by the OAH within five (5)
business days following the faxed transmission.
Mailing address for the OAH:
If sending via US Postal Service: if sending via delivery service (UPS, FedEx, etc):
Office of Administrative Hearings Office of Administrative Hearings
6714 Mail Service Center 1711 New Hope Church Road
Raleigh, NC 27699-6714 Raleigh, NC 27609-6285
One (1) copy of the petition must also be served to DEQ:
Sam M. Hayes, General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh, NC 27699-1601
The violations addressed by this assessment and any impacts to waters must be abated and properly
resolved. You are encouraged to contact Linda Lewis, with the DEMLR Wilmington Regional Office at
[phone] if you need assistance in achieving compliance at the site. Please be advised that
additional assessments may be levied for future, continuing, or other violations beyond the scope of this
specific assessment.
If you have any questions, please see the following website: http://portal.ncdenr.org/web/Ir/stormwater or
contact Bradley Bennett at (919) 807 - 6378.
Sincer 4.VVinson,
/4t4,�
i liam Jr., P.E., CPESC, /escurces
Division of Energy, Mineral and Land
cc: Dan Sams /Linda Lewis/ Georgette Scott— DEMLR Wilmington Regional Office
Bradley Bennett —Stormwater Permitting Program
John A. Payne, Assistant Attorney General

JUSTIFICATION FOR REMISSION REQUEST
DEMLR Case Number: PC-2015-0020 County: New Hanover
Assessed Party: Mr. Broadus Edward Hill, III
Permit No. (if applicable): SW8980220 Amount Assessed: $9,954.00
Please use this form when requesting remission of this civil penalty. You must also complete the "Request For Remission
Waiver of Right to on Administrative Hearing,and 5ti ulotion of Facts" form to request remission of this civil penalty. You
should attach any documents that you believe support your request and are necessary for the Director to consider in
evaluating your request for remission. Please be aware that a request for remission is limited to consideration of the five
factors listed below as they may relate to the reasonableness of the amount of the civil penalty assessed. Requesting
remission is not the proper procedure for contesting whether the violation(s) occurred or the accuracy of any of the factual
statements contained in the civil penalty assessment document. Pursuant to N.C.G.S. § 143B-282.1(c), remission of a civil
penalty may be granted only when one or more of the following five factors applies. Please check each factor that you
believe applies to your case and provide a detailed explanation, including copies of supporting documents, as to why the
factor applies (attach additional pages as needed).
(a) one or more of the civil penalty assessment factors in N.C.G.S. 143B-282.1(b) were wrongfully applied to the
detriment of the petitioner (the ossessment factors are listed in the civil penalty assessment document);
(b) the violator_ promptly abated continuing environmental damage resulting from the violation (i.e., explain the
steps that you took to correct the violation and prevent future occurrences),
(c) the violation was inadvertent or a result of an accident (i.e., explain why the violation was unavoidable or
something you could not prevent or prepare for);
(d) the violator had not been assessed civil penalties for any previous violations;
(e) payment of the civil penalty will prevent payment for the remaining necessary_ remedial actions (i.e., explain
how payment of the civil penalty will prevent you from performing the activities necessary to achieve
compliance).
EXPLANATION (attach additional pages as necessary):

STATE OF NORTH CAROLINA ENVIRONMENTAL MANAGEMENT
COMMISSION
COUNTY OF New Hanover
IN THE MATTER OF ASSESSMENT } WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST } ADMINISTRATIVE HEARING AND
Mr. Broadus Edward Hill, III } STIPULATION OF FACTS
CASE NO. . PC-2015-0020
Having been assessed civil penalties totaling $9,954.00 for violation(s) as set forth in the assessment document of
the Director of the Division of Energy, Mineral and Land Resources dated September 28, 2016, the undersigned, desiring to
seek remission of the civil penalties, does hereby waive the right to an administrative hearing in the above -stated matter and
does stipulate that the facts are as alleged in the assessment document.
The undersigned further understands that all evidence presented in support of remission of this civil penalty must be
submitted to the Director of the Division of Energy, Mineral and Land Resources within thirty (30) calendar days of receipt of
the civil penalty assessment. No new evidence in support of a remission request will be allowed after thirty (30) calendar
days from the receipt of the civil penalty assessment.
This the day of _ 20_
NAME (printed)
SIGNATURE
ADDRESS
TELEPHONE

STATE OF NORTH CAROLINA NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL
COUNTY OF NEW HANOVER RESOURCES
IN THE MATTER OF: } CASE NO. PC-2015-0020
BROADUS EDWARD HILL, III }
}
FOR VIOLATIONS OF ) FINDINGS AND DECISION
15A NCAC 02H .1003, } AND ASSESSMENT OF
15A NCAC 02H .1008, and } CIVIL PENALTIES
State Stormwater Management Permit No. )
S W8980220 )
Acting pursuant to North Carolina General Statutes (hereby known as G.S.) 143-215.6A, 1,
William E. Vinson, Jr., Section Chief of the Division of Energy, Mineral and Land Resources
(hereby known as DEMLR), make the following:
FINDINGS OF FACT
A. Broadus Edward Hill, Ill, (also known as "Ed Hill") was issued State Stormwater
Management Permit No. SW8980220 on December 14, 2000 for a high density
stormwater project, known as Forest Grove Subdivision, in New Hanover County,
North Carolina.
B. Broadus Edward Hill, III is the permittee of record and is responsible for
constructing, operating and maintaining a stormwatcr treatment system at the
Forest Grove Subdivision located in New Hanover County, North Carolina.
C. Stormwater Management Permit No. S W8980220 expired on December 14, 2014.
D. DEMLR file review revealed that an application for renewal has not been
received.
E. Title 15A North Carolina Administrative Code (hereby known as NCAC) 02H
.1003 (h)(2) requires that applications for renewals shall be submitted 180 days
prior to the expiration date of a permit.
F. DEMLR conducted a compliance inspection of the subject site inspection on
January 2, 2013 based on a citizen complaint. DEMLR conducted additional
follow-up site visits on April 13, 2013; March 28, 2014; September 17, 2014; and
May 15, 2015.
G. During the site visits, DEMLR staff observed built upon area and engineered
stormwater control measures on the subject site. DEMLR staff also observed that
the stormwater collection and control measures were not being properly
maintained as evidenced by erosion of the pond side slopes, debris clogging the
outlet structure, excessive sediment in the catch basins, piping, pond and forebay,
and the overgrowth of trees and woody vegetation in and around the pond, runoff
collection swales and outlet area.

Broadus Edward Hill, III
New Hanover County
Page 2 of S
H. Stormwater Management Permit No. SW8980220, Section II. Schedule of
Compliance, No. 14 states that, "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..."
1. Title 15A NCAC 02H .1008 (i) requires that the development be maintained
consistent with the requirements in the approved operation and maintenance plan.
DEMLR staff downloaded unofficial copies of the deeds from the New Hanover
County Register of Deeds website. The recorded documents were not consistent
with approved plans and application for Stormwater Management Permit No.
SW8980220. DEMLR file review revealed that the recorded documents were not
provided to DEMLR by the permittee.
K. Stormwater Management Permit No. SW8980220, Section II. Schedule of
Compliance, No. 16 requires that prior to the sale of any Iot, deed restrictions
must be recorded which limit the built -upon area per lot to the amount as shown
per Permit No. SW8980220, Section 1. Design Standards, No. 2 which include
that the subdivision is permitted for 30 lots, each allowed a maximum of 2,000
square feet of built -upon area.
L. Stormwater Management Permit No. SW8980220, Section 11, Schedule of
Compliance, No. 17 requires that a copy of the recorded deed restrictions must be
submitted to the Division within 30 days of the date of recording the plat, and
prior to selling the lots.
M. Title 15A NCAC 02H .1003 (d)(2) requires recorded deed restrictions and
protective covenants to ensure that the development activities are maintained
consistent with the approved plans.
N. DEMLR file review revealed that the permittee has failed to submit the required
Designer's Certification for the permitted stormwater system.
0. Stormwater Management Permit No. SW8980220, Section' Il. Schedule of
Compliance, No. 9 states that, "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..."
P. Title 15A NCAC 02H .1008 0) requires that upon completion of construction, the
designer for the type of system installed, must certify that the system was
inspected during construction was constructed in substantial conformance with
the approved plans, and complies with the requirements of the rules prior to
issuance of the Certificate of Occupancy.

Broadus Edward Hill, III
New Hanover County
Page 3 of 5
Q. DEMLR file review revealed that the ownership of the land including the
permitted stormwater system has changed to Forest Grove Home Owner's
Association Inc. according to New Hanover County online records. DEMLR file
` review also revealed that the permittee has failed to submit a request to the
Division to transfer the permit to the Forest Grove Home Owner's Association
Inc.
R. ' Stormwater Management Permit No. SW8980220, II. Schedule of Compliance,
No. 4 (c) includes that a transfer of ownership requires a permit modification.
S. On May 1, 2014 and June 26, 2014, DEMLR -Wilmington Regional Office issued
Notices of Violation and Recommendation for Enforcement (hereby known as
NOVRE) to Ed Hill's attorney and to Ed Hill respectively. DEMLR records
indicate that the NOVREs were received as evidenced by the signed green cards.
Despite the many onsite meetings and follow-up correspondence with Mr. Hill,
the violations have not been resolved.
T. On June 3, 2015, DEMLR Wilmington Regional Office issued a NOVRE to Mr.
Ed Hill. DEMLR records indicate that the NOVRE was received on June 8, 2015.
A Plan of Action was due by July 10, 2015. To date, DEMLR has not received a
response to the NOVRE and the violations have not been resolved.
U. Stormwater from the subject site described above drains to an unnamed tributary
of Mott Creek, Class C; Sw waters within the Cape Fear River Basin.
V. The cost to the State of the enforcement procedures in this matter totaled
$1,954.00.
Based upon the above Findings of Fact, I make the following:
11, CONCLUSIONS OF LAW
A. Broadus Edward Hill, III is a "person" within the meaning of G.S. 143-215.6A
pursuant to G.S. 143-212 (4).
B. Mott Creek constitutes waters of the State within the meaning of G.S. 143-212(6).
C. Broadus Edward Hill, I1I, violated Title 15A NCAC 02H .1003 (h)(2) by failing
to submit a renewal application for Stormwater Management Permit No.
SW8980220 at least 180 days prior to the expiration date of the permit.
D. Broadus Edward Hill, I1I, violated Stormwater Management Permit No.
SW8980220, Section 11. Schedule of Compliance, No. 14 and Title 15A NCAC
02H. 1008(i) by failing to provide the operation and maintenance necessary to
assure the permitted stormwater system functions at optimum efficiency.
E. Broadus Edward Hill, 1II, violated Stormwater Management Permit No.
SW8980220, Section 11. Schedule of Compliance, No. 16 and 17 and Title 15A
NCAC 02H.1003 (d)(2) by failing to record deed restrictions consistent with the

Broadus Edward Hill, III
Ncw Hanover County
Page 4 of 5
approved plans and failing to provide a copy of the recorded deed restrictions to
DEMLR.
F. Broadus Edward Hill, 111, violated Stormwater Management Permit No.
SW8980220, Section U. Schedule of Compliance, No. 9 and Title 15A NCAC
02H .10080) by failing to certify the stormwater system.
G. Broadus Edward Hill, III, violated Stormwater Management Permit No.
SW8980220, Section II. Schedule of Compliance, No. 4(c) by failing to submit a
request for modification to the permit upon transfer of ownership.
H. Broadus Edward Hill, III, may be assessed civil penalties in this matter pursuant
to G.S. 143-215.6A (a)(2); which provides that a civil penalty of not more than
twenty-five thousand dollars ($25,000) per violation per day may be assessed
against a person who is required but fails to apply for or to secure a permit
required by G.S. 143-215.1, or who violates or fails to act in accordance with the
terms, conditions, or requirements of such permit or any other permit or
certification issued pursuant to authority conferred by this Part.
I. Broadus Edward Hill, II1, may be assessed civil penalties pursuant to G.S. 143-
215.6A (a)(6) which provides that a civil penalty of not more than twenty-five
thousand dollars ($25,000.00) per violation may be assessed against a person who
violates a rule of the Commission implementing this Part, Part 2A of this Article,
or G.S. 143-355(k).
J. The State's enforcement cost in this matter may be assessed against Broadus
Edward Hill, III pursuant to G.S. 143-215.3 (a)(9) and G.S. 14313-282.1 (b)(8).
K. William E. Vinson, Jr., Chief of Program Operations of DEMLR, pursuant to
delegation provided by the Secretary of the Department of Environment and
Natural Resources and the Director of the DEMLR, has the authority to assess
civil penalties in this matter.
Based upon the above Findings of Pact and Conclusions of Law, I make the following:
III. DECISION
Accordingly, Broadus Edward Hill, III is hereby assessed a civil penalty of:
$ 4,000.00 for violation of Title 15A NCAC 02H .1003 (h)(2) by failing to
submit a renewal application for Stormwater Management Permit
No. SW8980220 at least 180 days prior to the expiration date of
the permit.
$ 2,000.00 for violations of Stormwater Management Permit No. SW8980220,
Section II. Schedule of Compliance, No. 14 and Title 15A NCAC
02H. 1008(i) by failing to provide the operation and maintenance
necessary to assure the permitted stormwater system functions at
optimum efficiency.

r
Broadus Edward Hilt, III
New Hanover County
Page 5 of 5
$ 1,000.00 for violation of Stormwater Management Permit No. SW8980220,
Section II. Schedule of Compliance, No. 16 and 17 and Title 15A
NCAC 02H.1003 (d)(2) by failing to record deed restrictions
consistent with the approved plans and failing to provide a copy of
the recorded deed restrictions to DEMLR.
$ 500.00 for violation of Stormwater Management Permit No. SW8980220,
Section 1I. Schedule of Compliance, No. 9 and Title 15A NCAC
02H .10080) by failing to certify the stormwater system.
$ 500.00 for violation of Stormwater Management Permit No. SW8980220,
Section II. Schedule of Compliance, No. 4(c) by failing to submit a
modification to the permit upon transfer of ownership.
TOTAL CIVIL PENALTY, authorized by G.S. 143-215.6A
$ _1,954.00 Enforcement Cost
$ 9,954.00 'TOTAL AMOUNT DUE
As required by G.S. 143-215.6A(c), in determining the amount of penalty, I considered the
factors set out in G.S. 14313-282. 1 (b), which are:
(1) The degree and extent of harm to the natural resources of the State, to the public health,
or to private property resulting from the violations;
(2) The duration and gravity of the violations;
(3) The effect on ground or surface water quantity or quality or on air quality;
(4) The cost of rectifying the damage;
(5) The amount of money saved by noncompliance;
(6) Whether the violations were committed willfully or intentionally;
(7) The prior record of the violator in complying or failing to comply with programs over
which the Environmental Management Commission has regulatory authority; and
(8) The cost to the State of the enforcement procedures
1) //</.0 1 &
Date
ill a rE. Vinson, Jr., Chief of
ivision of Energy, Mineral and
Im Operations
Resources

Scott, Georgette
From: Scott, Georgette
Sent: Wednesday, June 29, 2016 2:12 PM
To: Bennett, Bradley
Subject: Forest Grove Enforcement Action
Bradley,
Any news on where this is?
Georgette Scott
State Stormwater Program Supervisor
Department of Environmental Quality
Office [phone]
Fax [phone]
Georaette.Scott aancdenr.aov
127 Cardinal Drive Ext.
Wilmington, NC 28405
-,--Nothing Compares_. -,_,-
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.

Scott, Georgette
From: Scott, Georgette
Sent: Friday, March 04, 2016 11:23 AM
To: Bennett, Bradley
Cc: Sams, Dan
Subject: Enforcement Action Against Forest Grove SW8 980220
Bradley,
I have not heard anything on this since last year. What is the status of this Enforcement Action.
Georgette Scott
State Stormwater Program Supervisor
Department of Environmental Quality
Office [phone]
Fax [phone]
Georaette.ScottCa ncdenr.aov
127 Cardinal Drive Ext.
Wilmington, NC 28405
-5—'Nothing Compares
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.

Scott, Georgette
From: Scott, Georgette
Sent: Thursday, July 21, 2016 1:13 PM
To: Bennett, Bradley
Cc: Vinson, Toby; Cole, Brad ([e-mail]); Sams, Dan; Davis, Tracy
Subject: Forest Hills SW8 980220 Enforcement Action
Importance: High
Bradley,
Since October 2015 I have been asking for the status of this Enforcement Action. I have not received an
answer.
Just so you know, Linda received a call from a Christen Actus? (who lives in this neighborhood) asking what is
going on with addressing the non-compliance issues with the pond and stormwater system that are causing
flooding of the only in/out street to this neighborhood.
Linda gave them your phone number because, at this point, we can't do any more from here.
Just thought you should be prepared.
Georgette Scott
State Stormwater Program Supervisor
Department of Environmental Quality
Office [phone]
Fax [phone]
Georg ette.Scott(a.ncdenr-gov
127 Cardinal Drive Ext.
Wilmington, NC 28405
Nothir q Compares---,-,
I l•A:1 ,,, ,
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.

Lewis,Linda
From:
Lewis,Linda
Sent:
Friday, July 24, 2015 9:56 AM
To:
Sullivan, Shelton; Bennett, Bradley
Cc:
Scott, Georgette
Subject:
Forest Grove Enforcement Documents
Attachments:
2015 07 enfpack 980220.pdf; 2015 07 Enf_Assessment_Factors 980220.doc; 2015 07
Enf_F&D 980220.docx; 2015 07 Enf Memo 980220.docx; 2000 03 property -deed
980220.pdf; 2015 05 Inspection Pictures.docx; 2015 06 Location -Map 980220.docx
Package attached for your review. The pdf package contains the entire scanned permit, application, 0&M agreement,
project location map, NOV's letters, recorded plats, and tax ownership information.
The documents that needs to be reviewed and signed are the assessment factors, the F&D and the memo, which are in
Word format.
Other documents include the picture location map, the inspection pictures themselves, and the property conveyance
deed.
Let me know if you need anything else, or if you think something is missing.
Linda Lewis, E.1,
Environmental Engineer III
Division of Energy, Mineral and Land Resources
Wilmington Regional Office
127 Cardinal Drive Ext.
Wilmington, NC 28405
Main Office - 910-796-7215
Direct Line - 910-796-7343
E-mail correspondence to and from this address may be subject to the North Carolina Public Records taw and may be disclosed to
third parties.
L

Lewis,Linda
From: Lewis,Linda
Sent: Friday, July 24, 2015 10:21 AM
To: Sullivan, Shelton; Bennett, Bradley
Cc: Scott, Georgette
Subject: Forest Grove - adding recorded deed restrictions to the pile
Attachments: 2003 04 deed -Sect 980220.pdf; 2005 04 deed -Sect 980220.pdf
Forgot to include the recorded deed restrictions.
Linda Lewis, E.I.
Environmental Engineer III
Division of Energy, Mineral and Land Resources
Wilmington Regional Office
127 Cardinal Drive Ext.
Wilmington, NC 28405
Main Office - 910-796-7215
Direct Line - 910-796-7343
E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to
third parties.

a
Ir
NORTH CAROLINA DIVISION OF ENERGY, MINERAL AND LAND RESOURCES
Violator: Broadus Edward Hill, III
Project Name: Forest Grove
County: New Hanover Case Number: PC-2015-0020
Permit Number: SW8 980220
ASSESSMENT FACTORS
1), The degree and extent of harm to the natural resources of the State, to the public
health, or to private property resulting from the violation;
The pond's inability to draw down is due to a clogged outlet structure and piping
which are due to a lack of routine maintenance. The result is runoff that backs up
into the street and causes flooding possibly damaging the street infrastructure
and placing the homeowners in potential danger as that street is the only
entrance/exit to the subdivision.
The administrative violations regarding the lack of accurately recorded deed
restrictions can also lead to overbuilding and/or confusion on the part of the lot
owners as to how much built -upon area is allowed. Over -building can lead to a
BMP that is undersized for the amount of runoff it receives, meaning that the
runoff may not be treated to the minimum level required by the state stormwater
rules.
The lack of a certification for the pond means that the Division has no
assurances that the system has been properly installed. Deficiencies in the
amount of surface area or the elevation of the orifice and/or overflow weir, or the
orifice size may mean that the runoff is not treated to the minimum level required
by the state stormwater rules.
7
2) The duration and gravity of the violation;
The Division was first made aware of the problems in January 2013, however the
lack of maintenance and the lack of accurate deed restrictions appear to have
been problems from the beginning of this development. The permittee has taken
no action to date to provide the necessary maintenance or to correct the deed
restriction statements.
3) The effect on ground or surface water quantity or quality or on air quality;
Since the pond is clogged with sediment, any discharge that does occur from a
design storm rainfall event must be immediately via the overflow weir, meaning
that untreated runoff from a high density project is being discharged to an
unnamed tributary of Mott Creek. Flooding of the street has also been observed.
4) The cost of rectifying the damage;
Those costs associated with renewing the permit, repairing the private street,
amending the deed restrictions, transferring the permit and restoring the system
to design condition. They include: the $505.00 renewal fee, attorney's fees,
asphalt repair, removal of the vegetated overgrowth from the pond slopes and
from the swales; planting suitable permanent vegetation on the pond slopes and
swales; removal of accumulated sediment from the pond, the collection swales,
the catch basins, the collection piping, and the outlet piping; inspection of the
outlet structure and outlet piping to determine if repair is possible or if
replacement is warranted.

5) The amount of money saved by noncompliance;
The amount of money that would have been paid to a maintenance company for
the last 15 years, and the amount it will take to repair the damages, amend the
covenants, renew the permit, transfer the permit, and restore the system to a
compliant condition. Most maintenance companies charge between $100-$200
per month depending on the size and number of BMP's so that's a savings of
$18,000 to $36,000 per year to the permittee. Restoration cost estimates, street
repair, and attorney's fees are not known.
6) Whether the violation was committed willfully or intentionally;
Unknown. However, the Division staff who met with and corresponded with the
permittee was led to believe that the permittee had every intention of taking care
of the situation, but never followed through.
7) The prior record of the violator in complying or failing to comply with programs
over which the Environmental Management Commission has regulatory authority;
and
No prior record.
8) The cost to the State of the enforcement procedures.
40 hours at $40.31 = $1600.00
8 hours at $44.22 = 354.00
$1954.00
Date
William E. Vinson, Jr.,
Division of Energy, Mineral and Land Resources

R'
Division of Energy, Mineral and Land Resources
Land Quality Section
Wilmington Regional Field Office
October 26, 2015
Memorandum:
TO: Bradley Bennett, DEMLR Stormwater Unit Supervisor
FROM: Dan Sams Regional Supervisor, Land Quality
Wilmington Regional Office
I'REPAR-ED BY: Linda Lewis, Environmental Engineer III, State Stormwatery •
SUBJECT: Enforcement Recommendation Case ##PC-2015-0020
Broadus Edward Hill, III (aka Ed Hill)
Forest Grove Subdivision
New Hanover County, NC
Enclosed is an enforcement recommendation package for Broadus Edward Hill, III (Forest Grove
Subdivision) located in New Hanover County, NC, for the Director's consideration. Please note
that Broadus Edward Hill, III and Ed 1-I111 are one and the same person.
Broadus Edward Hill, III, aka Ed Hill, was issued a State Stormwater Management Permit No.
SW8 980220 on December 14, 2000 for a high density stormwater project, known as Forest Grove
Subdivision, in New Hanover County, North Carolina. Stormwater Management Permit No. SW8
980220 expired on December 14, 2014.
DEMLR conducted a compliance site inspection on January 2, 2013 based on a citizen complaint
and issued a Notice of Violation (NOV) on January 8, 2013, which was returned by the Post Office
as unable to forward. DEMLR conducted additional follow-up site visits on April 13, 2013, March
28, 2014, September 17, 2014, and May 15, 2015. During these site visits, DEMLR staff observed
that the stormwater control measures had not been constructed in accordance with the approved
plans and were not being maintained as evidenced by erosion along the pond side slopes, debris
clogging the outlet, excessive sediment in the pond and in the forebay, and the overgrown trees in
and around the runoff collection swales, the pond and the outlet area.
On May 1, 2014 and June 26, 2014, DEMLR -Wilmington Regional Office issued a Notice of
Violation and Recommendation for Enforcement (henceforth known as NOVRE) to Ed Hill. Each
NOVRE referenced the Notice of Permit Expiration, the operation and maintenance deficiencies,
the deed restriction language errors, the lack of a certification, the construction deficiencies and the
failure to transfer the permit. DEMLR records indicate that the NOVRE's were received as
evidenced by the signed green cards. Despite the many onsite meetings and follow-up
correspondence with Mr. Hill, the violations remained unresolved.
On May 15, 2015, DEMLR - the Wilmington Regional Office inspected the project again and
observed the same violations. The Division issued a Notice of Violation and Recommendation for
Enforcement (NOVRE) on June 3, 2015 to Mr. Hill. DEMLR records indicate that the NOVRE
was received on June 8, 2015. The NOVRE required a response and a Plan of Action on or before

t
July 10, 2015. As of the date of this memo, DEMLR has not received a response to the NOVRE
and the violations have still not been resolved.
As a result, the following violations are noted:
• Failure to Renew the State Stormwater Permit — Reference 15A NCAC 0211.1003(h)(2).
• Failure to Maintain the Stormwater System — Reference 15A NCAC 02H.I008(i) and
Schedule of Compliance Condition II.14 of the.Permit.
• Failure to Record Accurate Deed Restriction Statements and Failure to provide copies to
DEMLR - Reference 15A NCAC 02H.1003(d)(2) and Schedule of Compliance
Condition 1I.16 and 17 of the Permit.
• FaiIure to Certify the Stormwater System — Reference 15A NTCAC 02H.10080) and
Schedule of Compliance Condition 11.9 of the Permit.
• Failure to Submit a Modification to the Permit upon a Transfer of Ownership -
Reference Schedule of Compliance Condition II.4(c) of the Permit.
DEMLR has no record of past violations for Broadus Edward Hill, III within the past 5 years. Mr.
Hill is the permittee of record for one other permit within the jurisdiction of the Wilmington
Regional Office, SW8 070118 Lanvale Business Park. The project covered by that permit has not
been built.
Enforcement Costs:
RO STAFF INSPECTOR 40 hours @ $40.31 $1600.00
RO ENGINI-ER Ill 8 hours @ $44.22 354.00
Total $1954.00

t
Forest Grove Subdivision - project correspondences and timeline (summary):
12/2/09 Division of Water Quality (DWQ) Notification Letter to Permittee stating that
permit expiration date has been extended. DWQ requests renewal 180 days prior to
new expiration date.
1/2/13 Complaint from Residents, through New Hanover County (NHC) Inspections
Department, pond not maintained and stormwater backing up and flooding street.
1 /2/13 DWQ Inspector inspects site and finds permit and maintenance violations.
1/8/13 Notice of Violation (NOV-2013-PC-0009) sent to permittee and requests correction
of deficiencies.
1 /17/13 NHC notifies residents that pond will be pumped down to help with flooding.
1/24/13 Package returned to DWQ with the following Post Office stamp (Return to Sender,
Vacant, Unable to forward).
2/1/13- 7/1/13 DWQ working with NHC to resolve permit and maintenance issues and to find new
address for Mr. Ed Hill.
4/13/13 DNNIQ Inspector inspects site and finds permit and maintenance violations.
6/4/13 Forest Grove Residents formalize HOA and elect President. Listed on SOS.
8/1/13 State Stormwater Program moves to the Division of Energy; Mineral and Land
Resources (DEMLR).
8/29/13 DEMLR Inspector receives information from NHC Attorney that Forest Grove
Common Areas were granted to the Forest Grove HOA in 2003 and 2005.
1 /21 /14 DEMLR project officer (David Cox) leaves and new project officer, Chris Baker,
assigned to follow-up on Forest Grove NOV-2013-PC-2009.
3/28/14 DEMLR project officer (Chris Baker) meets with HOA President on site.
4/4/14 NFIC provides Mr. Hill's attorney information to DEMLR.
4/17/14 DEMLR project officer (Chris Baker) attempts to contact Mr. 1-1111 via his attorney .
Matt Nichols, no response received.
5/1/14 Notice of Violation with Recommendation to Enforce (NOVICE) sent to Mr. Fill]
via his attorney (Mr. Matt Nichols w/Shanklin and Nichols).
6/26/14 NOVRE re -sent to new address (P.O. Box 3596, Holly Ridge, NC 28445)
discovered by DEMLR project officer. NOVRE reminds permittee of permit
renewal requirement.
7/29/14 Mr. Hill responds to DEMLR. New address and phone number provided (115-3
Hinton Ave., Wilmington, NC 28403). Mr. Hill requests meeting with Chris Baker
at site and discussion about permit deficiencies.
8/25/14 DEMLR Letter to Mr. Hill acknowledging request for meeting and notifying Mr.
Hill that DEMLR will meet with Mr. Hill on site.
9/17/14 DEMLR Project Officer (Chris Baker) meets with Mr. Ed Hill on site.
10/9/14 DEMLR Letter to Mr. Hill acknowledging September 17, 2014 meeting on site and
agreement between Mr. Hill and Mr. Baker on correcting major violations. Letter
also states that the permittee Mr. Hilt had not contacted Mr. Baker since the
meeting, has not provided a plan of action and has not provided a schedule for the
repairs agreed to during the meeting.
1/30/15 DEMLR Project Officer (Chris Baker) leaves and new project officer, Linda Lewis,
assigned to follow-up on permit deficiencies.

F
5/15/15 DEMLR.personnel conduct new inspection of site. Site repairs and maintenance
have not been completed by perniittee.
6/3/15 DEMLR issued another NOVRE for the ongoing violations. The NONTRE required
a response and a Plan of Action on or before July 10, 2015
6/8/15 DEMLR records indicate that the NOVRE was received by Mr. Ld Hill.
10/26/15 As of this date, DEMUR has not received a response to the NOVRE and the
violations have not been resolved.

Division of Energy, Mineral and Land Resources
Land Quality Section
Wilmington Regional Field Office
July XX, 2015
Memorandum:
TO: Bradley Bennett, DEMLR Stormwater Unit Supervisor
FROM: Dan Sams Regional Supervisor, Land Quality
Wilmington Regional Office
PREPARED BY: Linda Lewis, Environmental Engineer 111, State Stormwater
SUBJECT: Enforcement Recommendation Case #PC-2015-0020
Broadus Edward 1-fill, III (aka Ed Hill)
Forest Grove Subdivision
New Hanover County, NC
Enclosed is an enforcement recommendation package for Broadus Edward Hill, III (Forest Grove
Subdivision) located in New Hanover County, NC, for the Director's consideration. Please note
that Broadus Edward Hill, Ill and Ed Hill are one and the same person.
Broadus Edward Hill, III, aka Ed 1-1111, was issued a State Stormwater Management Permit No.
SW8 980220 on December 14, 2000 for a high density stormwater project, known as Forest Grove
Subdivision, in New Hanover County, North Carolina. Stormwater Management Permit No. SW8
980220 expired on December 14, 2014.
DEMI,R conducted a compliance site inspection on January 2, 2013 based on a citizen complaint
and issued a Notice of Violation (NOV) on January 8, 2013, which was returned by the Post Office
as unable to forward. DEMLR conducted additional follow-up site visits on April 13, 2013, March
28, 2014, September 17, 2014, and May 15, 2015. During these site visits, DEMLR staff observed
that the stormwater control measures had not been constructed in accordance with the approved
plans and were not being maintained as evidenced by erosion -along the pond side slopes, debris
clogging the outlet, excessive sediment in the pond and in the forebay, and the overgrown trees in
and around the runoff collection swales, the pond and the outlet area.
On May 1, 2014 and June 26, 2014, DEMLR -Wilmington Regional Office issued a Notice of
Violation and Recommendation for Enforcement (henceforth known as NOVRE) to Ed Hill. Each
NOVRE referenced the Notice of Permit Expiration, the operation and maintenance deficiencies,
the deed restriction language errors, the lack of certification, the construction deficiencies and the
failure to transfer the permit. DEMLR records indicate that the NOVRE's were received as
evidenced by the signed green cards. Despite the many onsite meetings and followup
correspondence with Mr. Hill, the violations remained unresolved.
On May 15, 2015, DEMLR - the Wilmington Regional Office inspected the project again and
observed the same violations. The Division issued a Notice of Violation and Recommendation for
Enforcement (NOVRE) on June 3, 2015 to Mr. Hill. DEMLR records indicate that the NOVRE
was received on June 8, 2015. The NOVRE required a response and a Plan of Action on or before
July 10, 2015. As of the date of this memo, DEMLR has not received a response to the NOVRE
and the violations have still not been resolved.

As a result, the following violations are noted:
• Failure to Renew the State Stormwater Permit — Reference 15A NCAC 02H.1003(h)(2).
• Failure to Maintain the Stormwater System — Reference 15A NCAC 02H.I008(i) and
Schedule of Compliance Condition 11.14 of the Permit.
• Failure to Record Accurate Deed Restriction Statements - Reference 15A NCAC
02H.1003(d)(2) and Schedule of Compliance Condition 11.16 of the Permit.
• Failure to Certify the Stormwater System — Reference 15A NCAC 02H.10080) and
Schedule of Compliance Condition 11.9 of the Permit.
• Failure to Submit a Modification to the Permit upon a "Transfer of Ownership -
Reference Schedule of Compliance Condition I1.4(c) and General Condition III. l of the
Permit.
• Failure to Construct the Facilities in accordance with the Terms and Conditions of the
Permit and the Approved Plans and Specifications — Reference Schedule of
Compliance Condition II.18 of the Permit.
DEMLR has no record of past violations for Broadus Edward Hill, III within the past 5 years. Mr.
Hill is the permittee of record for one other permit within the jurisdiction of the Wilmington
Regional Office, SW8 070118 Lanvale Business Park. The project covered by that permit has not
been built.
Enforcement Costs:
RO STAFF INSPECTOR 40 hours @ $40.31 $1600.00
RO ENGINEER III 8 hours @ $44.22 354.00
Total S1954.00

STATE; OF NORTH CAROLINA
COUNTY OF New Hanover
IN TE 11: MATTER OF:
Broadus Edward Hill, Ill (aka "Ed Hill")
FOR VIOLATIONS OF
15A NCAC 021-1 .1003 and .1008
Permit No. SW8 980220
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENTAND NATURAL
RESOURCES
CASE NO. PC-2015-0020
FINDINGS AND DECISION
AND ASSESSMENT OF
CIVIL PENALTIES
Acting pursuant to North Carolina General Statutes (hereby known as G.S.) 143-215.6A, I,
William E. Vinson, Jr., Section Chief ofthe Division of Energy, Mineral and Land Resources
(hereby known as DEMLR), make the following:
FINDINGS OF FACT
A. Broadus Edward Hill, III, was issued State Stormwater Management Permit No.
SW8 980220 on December 14, 2000 for a high density stormwater project, known
as Forest Grove Subdivision, in New Hanover County, North Carolina.
B. Broadus Edward Hill, Ill is the permittee of record and is responsible for
constructing, operating and maintaining a stormwater treatment system at the
Forest Grove Subdivision located in New Hanover County, North Carolina.
C. Stormwater Management Permit No. SW8 980220 expired on December 14,
2014.
1). DEMLR file review revealed that an application for renewal has not been
received.
E. Title 15A North Carolina Administrative Code (hereby known as NCAC) 021-1
.1003 (h)(2) requires that applications for renewals shall be submitted 180 days
prior to the expiration date of a permit.
1'. DEMLR conducted a compliance site inspection on January 2, 2013 based on a
citizen complaint. DEMLR conducted additional follow-up site visits on April
13, 2013; March 28, 2014; September 17, 2014; and May 15, 2015.
G. At each site visit, D1,MLR staff observed built upon area and engineered
stormwater control measures on the subject site. DEM LR staff also observed that
the stormwater collection and control measures had not been constructed in
accordance with the approved plan and were not being properly maintained as
evidenced by erosion of the pond side slopes, debris clogging the outlet structure,
excessive sediment in the catch basins, piping, pond and forebay, and the
overgrowth of trees and woody vegetation in and around the pond, runoff
collection swales and outlet area.

Ed Hill
New I lanaver County
Page 2 or6
E E. NCAC 021-1 .1003 (d)(2) requires that the stormwater control measures be
designed, operated and maintained in accordance with the provisions of the rules.
In addition, NCAC 021.1. i008(i) requires that the development he maintained
consistent with the requirements in the approved operation and maintenance plan.
1. Schedule of Compliance Condition H.14 of the permit stipulates: 1) that the
permittee shall at all times provide the operation and maintenance necessary to
assure the permitted stormwater system functions at optimum efficiency; 2) that
the approved Operation and Maintenance plan must be followed in its entirety;
and 3) that maintenance must occur at the scheduled intervals.
J. The permittee has failed to submit a copy of the recorded deed restrictions.
DEMLR staff downloaded unofficial copies from the New Hanover County
Register of Deeds website. The recorded documents for Section 1, recorded on
April 7, 2003 in Deed Book 3725 at Page 0765, and for Section 2, recorded on
April 21, 2005 in Deed Book 4768 at Page 0978, each contain an incorrect
statement regarding the maximum allowed built -upon area limit per lot. Article IX
of the Section I document states that "No more than 1830 square feet of any lot
shall be conveyed by structure and/or impervious surfaces... " The 1830 should be
2,000 and the word "conveyed" should be changed to "covered". Article IX of
the Section 2 documents states that "no more than an average of 1830 square feel
of any /at shall be conveyed by structure and/or impervious surfaces... " The 1830
should be 2,000, the word "average" should be eliminated, and the word
"conveyed" should be changed to "covered".
K. NCAC 02H. I 003(d)(2) requires recorded deed restrictions and protective
covenants to ensure that the development activities are maintained consistent with
the approved plans.
L. Design Standard Condition 1.2 stipulates that the subdivision is permitted for 30
lots, each allowed a maximum of 2,000 square feet of built -upon area. Schedule
of Compliance Condition 11.16 stipulates that prior to the sale of any lot, deed
restrictions must be recorded which limit the built -upon area per lot to the amount
as shown in Section 1.2 of the permit.
M. The permittee has failed to submit the required Designer's Certification for the
permitted stormwater system.
N. NCAC 02hI.10080) requires that upon completion of construction, the designer
for the type of system installed, must certify that the system was inspected during
construction was constructed in substantial conformance with the approved plans,
and complies with the requirements of the rules prior to issuance of the Certificate
of Occupancy.
O. Schedule of Compliance Condition 11.9 repeats the rule language regarding the
submission of a certification for the permitted stormwater system.

Ed Hill
New Hanover County
Page 3 of G
P. The permittee has failed to submit a request to the Division to transfer the permit
to the Homeowner's Association.
Q. NCAC 021-1,1003(f) indicates that the initial transfer ofthe permit from the
developer to a property owner or other responsible party shall not require the
$40.00 processing fee for a name change. However, subsequent changes in
ownership shall be subject to the $40.00 name change processing fee.
R. Schedule of Compliance Condition 11.4(c) of the permit stipulates that a transfer
of ownership will require a modification to the permit. In addition, General
Condition Ill.1 of the permit stipulates that the permit is not transferable and that
if the permittee wants to change the project name or change ownership, the
permittee must submit a completed Name/Ownership Change Form to the
Division accompanied by the appropriate supporting documentation.
S. The permittee failed to construct the perimeter runoff collection swales in
accordance with the approved plan details which call 11or a two -foot wide bottom
width and 3:1 sideslopes.
T. NCAC 021-1.1003(h)(4) indicates that noncompliance with the provisions of a
stormwater management permit is subject to enforcement action.
U. Schedule of Compliance Condition 11.18 of the permit stipulates that the facilities
must be constructed in accordance with the approved plans and specifications.
V. On May 1, 2014 and June 26, 2014, DEMI,R -Wilmington Regional Office issued
a Notice of Violation and Recommendation for Enforcement (henceforth known
as NOVRE) to Ed [-till. Each NOVRE referenced the Notice of Permit Expiration,
the operation and maintenance deficiencies, the lack ofappropriately recorded
deed restrictions, the lack of a certification, the permit transfer requirements and
the perimeter collection Swale construction deficiencies. DEMLR records
indicate that the NOVRE's were received as evidenced by the signed green cards.
Despite the many onsite meetings and followup correspondence with Mr. Hill, the
violations remained unresolved,
W. On June 3, 2015, DEMI,R Wilmington Regional Office issued a Notice of
Violation and Recommendation for Enforcement (hereby known as NOVR13) to
Mr. Ed Hill. DL'MLR records indicate that the NOVRE. was received on June 8,
2015. A Plan of Action was due by July 10, 2015. To date, DEMLR has not
received a response to the NOVRE and the violations have not been resolved.
X. Stormwater from the subject site described above drains to an unnamed tributary
of Mott Creek, Class C; Sw waters within the Cape Fear River Basin,
Y. The cost to the State of the enforcement procedures in this matter totaled
1 954.00.

Fd Hill
New Haaover came
Page 4 of 6
Based upon the above Findings of Fact, I make the following:
H. CONCLUSIONS OF LAW
A. Broadus Edward Hill, 111, aka"I'd Hill" is a "person" within the meaning of G.S.
143-215.6A pursuant to G.S. 143-212 (4).
13. Mott Creek constitutes waters of the State within the meaning of G.S. 143-212
(6).
C. Broadus Edward Hill, 111, violated Title 15A NCAC 02UI .1003 (h)(2) by failing
to submit a renewal application for Stormwater Management Permit No. SW8
980220 at least 180 days prior to the expiration date ol'the permit.
D. Broadus Edward Hill, Ill, violated Title 15A NCAC 02FI .1003 (d)(2), 15A
NCAC 021-1.1008(i) and Schedule of Compliance Condition 11.14 of Stormwater
Management Permit No. SW8 980220, by failing to provide the operation and
maintenance necessary to assure the permitted stormwater system functions at
optimum efficiency.
E, Broadus Edward ],fill, Ill, violated Title 15A NCAC 02H.1003(d)(2) and
Schedule of Compliance Condition 11.16 of Stormwater Management Permit No.
SW8 980220, by recording inaccurate deed restriction statements that do not
ensure the development will be maintained consistent with the plans and
specifications approved by the Division.
1.. Broadus Edward Hill, 111, violated Title 15A NCACO21-I.10080) and Schedule of
Compliance Condition 11.9 ol' Stormwater Management Permit No. SW8 980220
by failing to certify the stormwater system.
G. Broadus Edward Hill, Ill, violated Schedule of Compliance Condition 1IA(c) and
General Condition 111.1 ofStormwater Management Permit No. SW8 980220 by
failing to submit a request to transfer the permit.
1-1. Broadus Edward 1-1111, Ill, violated Schedule of Compliance Condition il.18 of
Stormwater Management Permit No. SW8 980220 by tailing to construct the
stormwater facilities in accordance with the terms and condition of the permit, the
approved plans and specifications.
I. Broadus Edward Hill, 111, may be assessed civil penalties in this matter pursuant
to G.S. 143-215.6A (a)(2), which provides that a civil penalty of not more than
twenty-five thousand dollars ($25,000) per violation per day may be assessed
against a person who is required but fails to apply for or to secure a permit
required by C.S. 143-215.1, or who violates or fails to act in accordance with the
terms, conditions, or requirements of such permit or any other permit or
certification issued pursuant to authority conferred by this Part.

Fd Ilill
New Hanover County
Page 5 of 6
Broadus Edward Hill, 111, may be assessed civil penalties pursuant to G.S. 143-
215.6A (a)(6) which provides that a civil penalty of not more than twenty -live
thousand dollars ($25,000.00) per violation may be assessed against a person who
violates a rule of the Commission implementing this fart, Part 2A of this Article,
or G.S. 143-355(k),
K. The State's enforcement cost in this matter may be assessed against Broadus
Edward Hill, III, pursuant to G.S. 143-215.3 (a)(9) and C.S. 143E3-282.1 (b)(8).
William I:. Vinson, Jr., Section Chief, DEMLR, pursuant to delegation provided
by the Secretary of the Department of Environment and Natural Resources and
the Director of the Division of Energy, Mineral and Land Resources, has the
authority to assess civil penalties in this matter.
[lased upon the above Findings of Fact and Conclusions of Law, I make the following:
111. DECISION
Accordingly, Broadus Edward Hill, I i I is hereby assessed a civil penalty of:
for violation o_f_T_itle 15A NCAC 021_1 .1003 (h)�2�_by_failing IQ _ _ - - comment [sosil: •rhis should bewriucn in by
renew State Stormwater Management Permit at least 180 days the assessing supervisor
prior to the expiration date,
for violation of" I'itle 15A NCAC 02EI .1003 (d)(2) and Schedule of
Compliance Condition 11,14 of Stormwater Management Permit
No. SW8 980220 by failing to maintain the development consistent
with the requirements of the approved operation and maintenance
plan and to assure the permitted stormwater system functions at
optimum efficiency.
for violation of Title 15A NCAC 021-1.1003(d)(2) and Schedule of'
Compliance Condition IL 16 of Stormwater Management Permit
No. SW8 980220, for failing to record deed restrictions which
ensure that the development will be maintained consistent with the
plans and specifications approved by the Division,
$ for violation of Title 15A NCAC 021-1.10080) and Schedule of
Compliance Condition 11.9 of Stormwater Management Permit No
SW8 980220, for failing to certify the approved Stormwater
system.
$ for violation of Schedule of Compliance Condition 11.3(c) and
General Condition Ill. E of Stormwater Management Permit No.
SW8 980220 by failing to submit a request to transfer the permit.

Ed Hill
New I lanover County
Page 6 of 6
$ for violation of Schedule of Compliance Condition I1.18 of
Stormwater Management Permit No. SW8 980220 for failing to
construct the facilities in accordance with the terms and conditions
of the permit , the approved plans and specifications.
TOTAL CIVIL PENALTY, authorized by G.S. 143-215.6A
$ 1954.00 Inl'orcement Cost
$ fIO'I'AL AMO_UNIDU > _ _ - comment [50521:'rbis should be written in by
--- theasxssingsupmisor.
As required by G.S. 143-215.6A(c), in determining the amount of penalty, I considered the
factors set out in G.S. 14313-282.1(b), which are:
(1) The degree and extent of harm to the natural resources ofthe State, to the public health,
or to private property resulting from the violations;
(2) The duration and gravity of the violations;
(3) The effect on ground or surface water quantity or quality or on air quality;
(4) The cost of rectifying the damage;
(5) The amount of money saved by noncompliance;
(6) Whether the violations were committed willfully or intentionally;
(7) The prior record of the violator in complying or failing to comply with programs over
which the Environmental Management Commission has regulatory authority; and
(8) The cost to the State of the enforcement procedures
Date William i . Vinson, Jr., Section Chief
Division of Energy, Mineral and Land Resources

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New Hanover County
Page 1 of 2
PARID:R07117-002-042-000
FOREST GROVE HOA INC
Parcel
Alt ID
313405.07.9779.000
Address
0 RAYE DR
Unit
City
WILMINGTON
Zip Code
Neighborhood
IBC08
Class
HOA-Homeowners Common Area
Land Use Code
OAC-OWNERS ASSOCIATION COMMON AREA
Living Units
Acres
1.1643
Zoning
R-15-RESIDENTIAL DISTRICT
Legal
Legal Description
Tax District
,Owners
(1.16 ACRES) COMMON AREA FOREST GROVE
FD
Owner
FOREST GROVE HOA INC
City
WILMINGTON
State
NC
Country
Zip
28409
THE DATA IS FROM 2015
Sales
Sale Date
Sale Price
Grantee
Grantor
21-APR-05
$0
FOREST GROVE HOA INC
HILL BROADUS E III KATHERINE R
07-APR-03
$0
FOREST GROVE HOA INC
HILL BROADUS E III KATHERINE R
30-MAR-00
$0
HILL BROADUS E III KATHERINE R
HILL & WILLIAMS CONSTR CO LLC
Sale Details
Sale Date
21-APR-05
Sale Key
299556
Sale Price
$.00
Grantee
FOREST GROVE HOA INC
Grantor
HILL BROADUS E III KATHERINE R
Sale Source
Book
4768
Page
0978
Sale Validity
U-Unqualified
Sale Type
VACANT
Sale Flag
STEB
Instrument #
Instrument Type
Declaration of Condo ! Townhouse
Adj. Reason
Adj. Price
Adj. Amount
Values
Year
http:lletax.nhcgov.comIDataletsIPrintDatalet.aspx?pin=RO7117-002-042-000&gsp=SALE... 7/ 17/2015

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James P. Bonner
519 Market Street BOOK PAGE
Witmington, N.C. 284411 '17 91 6 nn 2000 N A R 30 PI9 11 34
TAX IDENTIFICATION NUMBER!- R47�1t1112-44o-ol�ps Q
tr�Y-ono R> COfi0kf7,at,D VLHlFII:I)
Stamps! $U.nO p� t1AltY 5ll_. GOi S
STATE OF NORTH CAROLINA RLGf57EH Gf' I?c[{0f
COUNTY OF NEW HANOVER WARRANTY DEED
THIS DEED, made and entered into this 30th day of March, 2000, by and between [TILL
& WILLIAMS CONSTRUCTION CO., LLC, a North Carolina Limited Liability
Company, grantor and party of the first part; and BROADUS E. HILL, III & wire,
KATHERINE R. HILL, Grantees and parties of the second part, whose mailing address is: 810
Wood Cove, Wilmington, N.C. 28409
0072 W_ITN_kS5 I, T11
T13AT said party of the first part, for and in consideration of the sum of One (SI.00) dollar
to it in hand paid, and other good and valuable consideration, the receipt of which is hereby
acknowledged, has and by these presents does grant, bargain, sell and convey unto the parties of
the second part, their heirs and assigns in fee simple, all that certain lot, unit or parcel of land
situated in the County of New Hanover, State of North Carolina, and more particularly described
as follows:
SEE EXHIBIT "A" ATTACHED HERETO AND INCORPORATED
HEREIN BY REFERENCE AS IF FULLY SET FORTH
TO HAVE AND TO HOLD file aforesaid tract or parcel of land and all privileges and
ppurtenances thereto belonging to the said parties of the second part and their heirs and assigns in
fee simple. And the party of the first part covenant with the parties of the second part that the
Grantor is seized of the property in fee simple, has the right to convey the same in fee simple, that
iha title is marketable and free and clear of ail encumbrances, and that the Grantor will warrant
and defend the title against the lawful claims of all persons whomsoever except for the exceptions
hereinafter stated. {The terms "Grantor" and "Parties of the first pan" as used herein shall be used
interchangeably, the terms "Grantee" and "Parties of the second part" shall be used
MTURNED 10

BOOK
PACE
7 S
interchangeably) z 0 6 2
Title to the property hereinabove described in subject to the following exceptions:
1. 2000 and subsequent years ad valorem taxes;
2. public utility easements and rights of way of record;
3. applicable zoning and land use regulations and ordinances;
4. Restrictive covenants of record;
IN WITNESS WHEREOF, said party of the first part have set its hand and seal the day
and year first above written.
HILL & WILLIAMS CONSTRUCTION CO. LLC
h
By: z— l�. (SEAL)
Broa us E. Hill, III, managing mem er
STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
1, Kay E. Seeger, a Notary Public in and for the State and county aforesaid, do hereby
certify that Broadus E. Hill, Ill, personally appeared before me this day and acknowledged that he
is one of the managing members of Hill & Williams Construction Co., LLC, a North Carolina
Limited Liability Company, and that by authority duly given and as an act of the Limited Liability
Company, the foregoing instrument was signed in its name by Broadus E. Hill, III as a managing
member thereof.
Witness my hand and official notarial seal or stamp, this 30"' day of March, 2000.
—e&a.
N ary "-J�is
My Commission expires: STATE OF NORTH CAROLINA
New Hanover County
The Ferag.6W Annexed Crstificete(s) of
,autrei!; �J:
0
N. .b :T Notary otarira) Public is/ are eartified
:tl : tit '. b11t Tbls the �— day or ` v
n • � �t`7J :• r ,' hisry Sue Dols, er ar Peeds
�!•G'r}:.ir�-K�tL by BoVutyFMaiKaai ..
ti i�sri«.
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BOOTS PACE
726 0622
> XHIBIT"A„
THREE TRACTS Of REAL PROPERTY HAVING TH£ FOLLOWING DESCIUPTIONS
COLLECTIVELY REFERRED TO AS "FOREST GROVE" AS APPROVED BY THE NEW
HANOVER COUNTY PLANNING BOARD AND COUNTY COMMISSIONERS IN 1999.
'TRACT 1: BEING all of L.ot 1, as shown on a map entitled, "Division of Property for
Patricia D'fcnafra", recorded in Map Book 37, at Page 313, of the New Ilanover Caunly
Registry, reference to which. map is hereby trade fora more particular description thereof.
BEING also two additional tracts of land as shown below:
RECORD OF POOR QUALITY DUE TD
CONDITION OF ORIGINAL D066MENI
G.S.161-14
TRACT 2:
Located in lasonboro Township. Nex Hanover County, 5tate of North Carolina, and being described
with bearings relative to North, Map Book 6, Page 74.
Beginning at an iron rod set in the Southern right of way line of Born Road, said iron rod being
located Borth 55 degrees 26 minutes 00 seconds East 373.09 feet fray; the firth hest' Cdit►Ar -of-
Tract A of Section C of Silver Lake Subdivision, as shorn on the liap•thereof•-recar3e JT`-Mdp-
Boot 6, Page 74, of the flew Hanover County Registry; said iron rod a7 so-beiag.ibcated Sri °a.•
tie line of South 49 degrees 53 minutes 27 seconds YeSt 301.81 feet,Sifrom•s P1C Nail.'1n tt� '
centerline intersection of the west lane of U.S. Hwy. 0421 and Horn Road...and.;FegrkSf�trFnCt
A new line South 34 degrees 34 minutes 00 seconds Fast 190.00 feet to an iron rod set,.thence
Ulth the heather 1161ding Corp. line (13k. 792, Pg. 395). South 55 degrees 29 minutes 52 seconds
Y.est 131.63 feet, to an iron rod set, thence
A new line North 34 degrees 34 minutes 00 seconds Best 189.85 feet to an iron rod set in the
Southern right of way line of horn Road, thence
With the Southern right of way line North 55 degrees 25 minutes 00 seconds East 131.63 feet
to the point of beginming CONTAINIit6 25.000 Sq. Ft. more or less, as surveyed by Stephen G.
U411 .L-3732 on March 23. 1996.
The above parcel is Lot A of a division of Tract One and Tract Two, and being a part of that
land described in a deed, to Hallmark Industries. Inc. as recorded in Book 1460. Page 522,
and includes part of Tract A of Section C of Silver Lake Subdivision, as shown on the lop
thereof recorded in Map Book b, Page 74, of the New Hanover County Registry.
TRACT 3:
Located in Plasaeboro Township, New Har4yer County, State of Borth Carolina, and being described
with bearings relative to North, 14ap Book 6, Page 74.
Beginning at as,'existing iron pipe found in the Southern right of way line of born Rnad,+the '
north East comer of the Robert 14. Spivey land (Bk. 989. Pg. 698). said iron pipe being located
North 55 degrees 26 minutes 00 seconds East 110.D0 feet from the North hest torner'of 'Teitt '
A of Section C'of Silver Lake Subdivision, as shown on the Map there¢f recCr$ed in Map Book
6Page 74, of'the Beer Hanover County Registry, said iron pipe also being located irlth a"tie' '
line of North 66 degrees 58 minutes 23 seconds Fast 129.55 feet. from a PK !tail in the
:c=terline intersection of Born Road and Long Branch Orive, and runs thence
With the Southern right of way line North 55 degrees 26 minutes O(1 cords East 131.46 feet
to an iron rod 'set, thence
. 4>
A,..gew line South 34 degrees 34 minutes 00 seconds East 189.85 feet to an iron rod set. thence
With the Heather lialdin Ca line Bk. 792 P 395) South 55 rees 29 minutes 52
9 Carp. ( r 9• t' �1
seconds West L32. 01 feti,t;. to an existing Iran pipe found, thence
With the l:obert R. Spivey line (Bk. 989, Pg. 698) North 34 degrees 24 minutes 08 seconds
west 1e9.76 feet to the point of beginning CCMTAINiNG 25,000 Sq. Ft. more or less, as
surveyed by Stephen 6, hall L-3732 or March-23, 19%.
The above parcel is Lot 8 of a division of Tract One, a prt of that land described in a
deed, to hallmark Industries, Inc. as recorded in Book 1460. Page 522, and includes part
of Tract A of Section C of Silver Lake Subdivision. as shown on the !tap thereof recorded
In Map Book 6, Page 74, of the New Hanover County Registry.

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SW8 980220.Forest Grove Site Inspection May 15, 2015
Trees in Swales - Picture 1
Debris in Curb/Gutter —Picture 2

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Picture 3
Pond Completely Overgrown and Access is difficult— Picture 4

NC®ENR
North Carolina Department of Environment and Natural Resources
Pat McCrory
Governor
June 3, 2015
CERTIFIED MAIL #7013 2630 0002 0760 8490
RETURN RECEIPT REQUESTED
Mr. Ed Hill
115-3 Hinton Ave.
Wilmington, NC 28403
Donald van der Vaart
Secretary
CERTIFIED MAIL #7013 2630 0002 0760 8506
RETURN RECEIPT REQUESTED
Mr. Ed Hill
P.O. Box 3596
Holly Ridge, NC 28445
Subject: NOTICE OF VIOLATION and Recommendation for Enforcement
Failure to Respond to NOV-2013-PC-0009 and Failure to Renew
Stormwater Management Permit # SW8 980220
Forest Grove Subdivision
New Hanover County
Dear Mr. Hill:
This letter is to notify you that you are in violation of Title 15A North Carolina Administrative Code
(NCAC) 2H. 1003 in accordance with North Carolina General Statute (G.S.) 143-214.7 for failure to
respond to a Notice of Violation (NOV-2013-PC-0009) and for various deficiencies associated with
Stormwater Management Permit SW8 980220. You are also in violation for failure to apply for and
secure a renewal for this permit which expired on December 14, 2014.
During the period of January 2, 2013 to May 15, 2015 inspectors from the Wilmington Regional Office
of the Division of Energy, Mineral, and Land Resources (DEMLR) observed numerous stormwater
permit violations at the Forest Grove Subdivision. To date, maintenance has not been performed on the
permitted stormwater system and deficiencies identified in the January 8, 2013 NOV have not been
corrected.
As noted in NOV-2013-PC-0009 the project has been found in violation of Stormwater Permit Number
SW8 980220, issued pursuant to the requirements of 15A NCAC 2H.1000. In addition several new
violations are now included with this NOVRE. See the attached addendum for a summary and project
history. The violations include:
I. Failure to Renew State Stormwater Permit
Title 15A NCAC 2H .1003 (h) (2) requires that applications for permit renewals to be submitted 180
days prior to the expiration of the permit. On June 14, 2014 (180 days prior to expiration of permit),
an application for a permit renewal was required to be submitted to DWQ. As of the date of this letter,
DWQ has not received an application to renew Stormwater Permit SW8 980220.
II. Failure to Apply For and Secure a Stormwater -Management Permit
Title 15A NCAC 2H .1003, in accordance with G.S. 143-214.7, requires a State Stormwater
Management Permit for development activities within the 20 coastal counties that require a Coastal
Area Management Act (CAMA) Major Permit or an Erosion and Sedimentation Control Plan. The
inspection and DEMLR file review confirms that a valid, active State Stormwater Management Permit
was not obtained prior to the,expiration of Stormwater Permit SW8 980220.
Division of Energy, Mineral, and Land Resources
Land Quality Section -Wilmington Regional Office
127 Cardinal Drive Extension, Wilmington, North Carolina 28405
(910) 796-72151 Fax: [phone] - Internet: http:Ilpogal.ncdenr.org/webllrl

III. Failure to certify the stormwater system.
An administrative review of the file revealed that this Office has not received the Designer's
Certification. Per Section Schedule 11.9 of the Permit, 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.
III. Failure to Maintain the Stormwater Svstem
Per Section Schedule 11.14 of the permit, the Permittee shall provide the operation and maintenance
necessary to assure the permitted stormwater system functions at optimum efficiency. It was observed
that vegetation maintenance including weed removal, mowing of vegetation, and debris removal from
catch basins were not being conducted. See the attached pictures taken during the most recent
inspection conducted 5/15/15.
1. The stormwater pond contains excessive sediment.
2. The outlet structure is clogged with excessive debris not allowing the required design storm to
be released between two (2) to five (5) days as designed.
3. Numerous trees have grown up on the side slopes and along the top of the bank of the
stormwater pond. The tree growth from the outlet structure to the stormwater junction manhole
has clogged the outlet pipe.
4. The perimeter swales along the back property lines and along the side portion of lot #1 one is
over grown and large trees are growing in the swales. The swales were not constructed as
required on the design plans.
5. Erosion has occurred at several locations at storm drain pipes and along the pond side slopes.
6. A fence was been built cutting off access to the stormwater pond. However the newly formed
Homeowners Association has recently corrected this for you by installing an access gate.
IV. Failure to Transfer Permit
An administrative review of the file revealed that the property containing the common areas was
transferred to the Forest Grove HOA in 2003 and 2005 respectively. In addition it was discovered that
Forest Grove Development of Wilmington, L.L.0 was administratively dissolved August 25, 2010.
Please be advised that these two actions are considered an ownership change.
Per Section 111.1 of the permit, the permit is not automatically transferable. In the event there is a desire
for the facilities to change ownership, or there is a name change of the Permittee, a "Name/Ownership
Change Form" must be submitted to the Division of Energy, Mineral and Land Resources (DEMLR)
accompanied by appropriate documentation from the parties involved, and other supporting materials
as may be appropriate, such as a copy of the deed of trust.
Pursuant to NCGS 55-14-05(a), a dissolved corporate entity continues its corporate business but may
not carry on any business except those acts necessary to wind up and liquidate its business and affairs.
As the permittee of record and manager of the corporate entity, you have the first line of responsibility
for completing, signing and submitting the necessary documents to transfer the permit to the new
property owner(s). Again, be aware that State Stormwater permits do not automatically transfer with the
transfer/sale of property. They'are issued to the applicant who requested the permit until such time as
that applicantlpermittee requests a transfer of the permit to the new property owner. Even though you
no longer own the property you are still the permit holder. This means you will be held responsible for
any development and non-compliance on the site until such time as you transfer the permit. DEMLR
will not transfer non -compliant permits. Therefore, all non-compliance issues must be resolved before
you submit a transfer request.
V. Additional Permit Issues
Per Section Schedule 11.17 of the permit, a copy of the recorded deed restrictions must be submitted to
the Division within 30 days of the date of recording the plat, and prior to selling lots. The recorded copy
must bear the signature of the Permittee, the deed book number and page, the stamp/signature of the
Register of Deeds and must record the built -upon area (BUA) limit per lot as noted in the permit.
Page 2 of 6

NOV-2013-PC-0009 stated that the permittee failed to send a recorded copy to DEMLR. An
administrative review of the file revealed that our office did not receive a copy of the recorded deed
restrictions from the permittee. However, DEMLR was able to acquire a copy from the Register of
Deeds. In reviewing the recorded Declaration of Covenants DEMLR discovered that the permittee
recorded the following incorrect statement for lot BUA allowance; "No more than an average of 1830
square feet of any Lot shall be conveyed by structure and/or impervious surfaces, including walkways
or patios of brick, stone, slate or similar materials". The permit allows 2000 sq. ft. per lot. When a
statement, such as the one recorded above, is placed into covenants then it requires that the permittee
track all BUA on each lot so that the total BUA for the project is not exceeded. To address this issue the
permittee of record will be required to verify all BUA (by lot) in the development to show the total project
BUA has not been exceeded. This information will have to be conveyed to the new permittee to insure
that future construction in the development does not exceed the permit allowance. If the total BUA is
exceeded then a modification will have to be submitted to show the pond is currently large enough to
handle the additional runoff from the additional BUA or the pond will have to be enlarged to handle this
additional runoff.
Reauired Response
This Office requires that you respond to this letter in writing within 30 calendar days of receipt of this
Notice. Your response should be sent to this office at the letterhead address. Provide a written "Plan
of Action" which outlines the actions you will take to correct the violation(s) noted above and a time
frame for completion of those actions, on.or before July 10, 2015.
Upon correction of all violations the permittee must request an inspection from DEMLR. Once this site
is found in compliance it should be transferred to the newly formed HOA. The point of contact for the
HOA is Mr. Dave Kuehner, [phone]. Applications for transfer of permits are available at:
http://Portal.ncdenr.o[g/web/Ir/state-stormwater-forms docs.
Thank you for your immediate attention to this matter. This office requires that the violations, as
detailed above, be abated immediately and properly resolved. This Office is sending a
recommendation for enforcement to the Director of the Division of Energy, Mineral and Land
Resources and/or an injunction request to the Attorney General's Office regarding the ongoing
violation on your site.
Pursuant to G.S. 143-215.6A, the above mentioned violations and any future violations are .
subject to civil penalty assessment of up to a maximum of $25,000.00 per day for each violation.
Pursuant to G.S. 143-215.6C, DEMLR can request injunctive relief through the courts to obtain
compliance on the site. Your above mentioned response to this correspondence, the degree and
extent of harm to the environment and the duration and gravity of the violation(s) will be considered in
any further process that may occur.
Shouid you have questions regarding these matters, please contact Linda Lewis at [phone] or
Daniel Sams at [phone].
Sincerely,
L5�1-
ForTracy E. Davis, Director
Division of Energy, Mineral and Land Resources
GDSlgds: G:1WWStormwaterlPermits & Projects119981980220HD12015 06 NOV_NORE 980220
cc: Ms. Judy Geritz, HOA President, 118 Raye Drive, Wilmington, NC 28412
Jason Clark, New Hanover County Engineering/Building Inspections
Georgette Scott, State Stormwater Supervisor
WiRO Stormwater File
Page 3 of 6

Lewis,Linda
From:
Sullivan, Shelton
Sent:
Tuesday, July 14, 201S 4:38 PM
To:
Lewis,Linda; Scott, Georgette
Cc:
Bennett, Bradley
Subject:
RE: Forest Grove Final June 2015 NOVRE
Bradley just handed me some of the attachments by the way.
Here is what I have: (You do not have to copy these again)
• June 26 and May 1, 2014 NOVs and green cards
• NH County emails regarding contact info
• Compliance Inspection Report 1/2/13
• Jan 8, 2013 NOV but no green card. Maybe not delivered.
• Emails from Beth Wetherill NHC
• Page 1 of SW permit — need all the pages.
• Need the 2015 NOV signed with all pages.
I can look at the F&D or other items after you edit if you would like before submittal.
So compile the items missing with the Memo, F&D and forward to Bradley.
Thanks
Shelton Sullivan
401 & Buffer Permitting Unit
NCDENR I Division of Water Resources; Water Quality Permitting Section
1617 Mail Service Center, Raleigh, NC 27699-1617
Phone: [phone] Fax: [phone]
Email: [e-mail]
Website: http:////portal.ncdenr.org(web/wq/sWp/ws/webscane
E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to
third parties
`,A Please consider the environment before printing this email.
From: Lewis,Linda
Sent: Tuesday, July 14, 2015 4:04 PM
To: Sullivan, Shelton; Scott, Georgette
Cc: Bennett, Bradley
Subject: RE: Forest Grove Final June 2015 NOVRE
Thanks Shelton. I'll get started on these as soon as I can.
Linda
From: Sullivan, Shelton
Sent: Tuesday, July 14, 2015 3:46 PM
To: Scott, Georgette; Lewis,Linda
I

Corporations Division
Pale 1 of I
North Camflm
Elaine F Marshall DEPAR"T'AI EN T OF -ME
Secretary SECRETARY OF TATE
PO Box 2M Raleigh, NC 27628 M {919180T-2000
Click Here To:
View Document Filings
Corporate Names
Legal: FOREST GROVE HOMEOWNERS' ASSOCIATION, INC.
Non -Profit Corporation Information
Sosld:
1321192
Status:
Current -Active
Annual Report Status:
Citizenship:
Domestic
Date Formed:
6/4/2013
Fiscal Month:
State of Incorporation:
Registered Agent:
Hill, Broadus E., III
Corporate Addresses
Mailing:
115-3 Hinton Avenue
Wilmington, NC 278403
Principal Office:
115-3 Hinton Avenue
Wilmington, NC 278403
Reg Office:
115-3 Hinton Avenue
Wilmington, NC 278403
Reg Mailing:
115-3 Hinton Avenue
Wilmington, NC 278403
Account
Login
Register
4„5 r1j' 4 rr � r S
http://www.secretary.state.nc.us/Search/profcorp/ 10264692
5/15/2015

Scott, .Georgette
From:
Bennett, Bradley
Sent:
Wednesday, May 27, 2015 9:40 AM
To:
Scott, Georgette
Subject:
RE: Forest Grove SW8 980220
Attachments:
Response with Injunction Possible.docx
Follow Up Flag:
Follow up
Flag Status:
Flagged
Georgette,
Just wanted to touch base on this one. Shelton pointed out that we still have state stormwater templates available on
the DWR intranet portal. You can get to them from the link below, I think you should still have access. This includes a
check list, templates and a penalty spreadsheet to use in putting the NOV for this one together. The NOV should include
language indicating the Division is proceeding with enforcement and potential injunction. I have attached language that
Shelton provided on this.
Link to portal templates:
http://portal.ncdenr,org/group/wq/compliance-templates-enf-case-templates
Bradley Bennett
Stormwater Permitting Program Phone: [phone]
NC Division of Energy, Mineral and Land Resources Fax: [phone]
1612 Mail Service Center j Email: bradley.bennett@ncdenr qo_v
Raleigh, NC 27699-1612 Web: http:I/portal.ncdenr.org/web/Ir/stormwater
Email correspondence to and from this address may be subject to public records taws
From: Scott, Georgette
Sent: Friday, May 15, 2015 1:46 PM
To: Bennett, Bradley
Cc: Sullivan, Shelton; Lewis,Linda
Subject: Forest Grove SW8 980220
We went out this morning and looked at this sight. It is even worst shape then the East
inspection. Attached is the Inspection Report and Pictures. 15t picture shows the trees growing in
the swales, 2nd picture shows the debris in the curb/gutter, the 3rd and 41h pictures show the
overgrown pond. I took Linda Lewis with me also. So if I am not here to answer questions she can.
Gcorgcltc Scott.
Slormwatcr Prograni Supervisor
Slalc Stormivalcr Prograni
NC Division ol' Lncrgy, N incral and Land Resources
127 Cardinal Drive EA(.
\Vihninglon, NC 28405
Phone [phone]
F' Lx (!)10) 350-2004

F,
l'; mail conespondeuce to and 1'1'0e11 Ibis address miry be sut)ject to the :North Caroliesa Public: Records LM- and maybe he disclosed to Third paIties.

A o
MA
NCDENR
North Carolina Department of Environment and Natural Resources
Pat McCrory
Governor
October 9, 2014
CERTIFIED Mail # 7013 2630 0002 0760 8643
RETURN RECIEPT REQUESTED
Ed Hill
115-3 Hinton Ave.
Wilmington, NC 28403
Subject: State Stormwater Management Permit No. SW8 980220
Forest Grove Subdivision
High Density Stormwater Project
New Hanover County
Dear Mr. Hill:
John E. Skvarla, III
Secretary
On September 17, 2014, Mr. Chris Baker from the Wilmington Division of Energy, Mineral and
Land Resources (DEMLR) met you onsite at the Forest Grove Subdivision to discuss methods,
and a schedule, for correcting the violations associated with stormwater permit # SW8980220.
During this meeting you made an agreement with Mr. Baker to correct the major violations you
discussed and, to provide him a schedule during the week of September 24th that identifies a
start date and an approximate completion date for the work.
To date you have not contacted Mr. Baker in any manner regarding when the repairs are to .
begin. In addition, DEMLR has not received a letter or a schedule from you notifying this office
when these violations will be corrected. As you are aware DEMLR has been trying to work
with you to resolve these violations since January 2013 when Mr. David Cox, former
NCDEMLR inspector, first contacted you.
Due to the fact that Mr. Baker has not received the promised schedule from you our office is
requiring all violations to be corrected by November 15, 2014.
Be advised that failure to comply by the referenced date will result in a civil penalty
assessed by our office of up to $25,000.00 per day per violation pursuant to North
Carolina General Statute.143-215.6A and forward this case to the state attorney's office
for civil action.
A copy of the NOV sent to you June of this year is enclosed for you convenience.
If you have any questions please do not hesitate to call Chris Baker or me at [phone].
Sinc rely,
Tracy E. Davis P.E. Director
-� Y ,
Division of Energy, Mineral and Land Resources
G:iWQS\Stormwater\Permits & Projects11998\980220 HD12014 10 NOV 980220
Enclosure'
li l/� / �D Division of Energy, Mineral, and Land Resources
Land Quality Section — Wilmington Regional Office
127 Cardinal Drive Extension. Wilmington, North Carolina 28405 • (910) 796-72151 Fax: [phone]

U.S. Postal ServPm.
CERTIFIED MAILTM
(Domestic Mail -Only; No Insurance
RECEIPT
Coverage Provided)
For delivery information
our weebsito at www.usps.come
visit
OFFr I l�
f A -
PS Form 3800, August 2046 See Reverse for Instructions
T
UNITED STAT£ POS,A�.SA.
ERVIC
• Sender: Please print your name, address, and ZIP+4 in
NC DENR
Water Quality Regional Operations Section
127 Cardinal Drive Extension i
Wilmington, NC 28405
age & Pees Paid
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All
RUNK
North Carolina Department of Environment and Natural Resources
Pat McCrory
Governor
August 25, 2014
Ed Hill
115-3 Hinton Ave.
Wilmington, NC 28403
Subject: State Stormwater Management Permit No. SW8 980220
Forest Grove Subdivision
High Density Stormwater Project
New Hanover County
Dear Mr. Hill:
John E. Skvarla, III
Secretary
On July 29, 2014, the Wilmington Regional Office received a response to the Notice of
Violation (NOV) sent to you on June 26, 2014. Your letter indicated that you would like to
schedule a site visit to discuss the issues referenced in the aforementioned NOV. I am writing
to arrange said meeting so that we may discuss the permit deficiencies and schedule the
correction of said deficiencies.
I would like to thank you for your response to the NOV and for providing me with your correct
address and phone number. I will over the next couple of days attempt to contact you via
telephone in hopes of expediting the scheduling of our field meeting. If I am unable to get in
touch with you please contact me as soon as possible upon receipt of this letter.
Again thank you for your cooperation in this matter. If you have any questions please do not
hesitate to call me at [phone].
Sincerely,
Chris Baker
Environmental Engineer II
G:1WQS1Stormwater\Permits & Projects11998\980220 HD12014 08 NOV 980220
Division of Energy, Mineral, and Land Resources
Land Quality Section —Wilmington Regional Office
127 Cardinal Drive Extension, Wilmington, North Carolina 28405 • (910) 796-72151 Fax: [phone]

F
Scott, Georgette
From: Baker, Chris
Sent: Wednesday, August 13, 2014 3:14 PM
To: Scott, Georgette
Subject: FW: Forest Grove Subdivision Injunctive Relief
From: Baker, Chris
Sent: Wednesday, August 13, 2014 1:55 PM
To: Bennett, Bradley
Subject: RE: Forest Grove Subdivision Injunctive Relief
Hi Bradley,
I have been in contact with Mr. Hill and he has been responsive and willing to work with me. He is willing to correct the
major issues with the stormwater system so unless his attitude changes lets hold off getting the AG's office
involved. I'm confident I can get the issues resolved to the satisfaction of our office and the homeowners in Forest
Grove.
Thanx,
Chris
From: Bennett, Bradley
Sent: Wednesday, August 13, 2014 12:52 PM
To: Baker, Chris
Cc: Scott, Georgette
Subject: RE: Forest Grove Subdivision Injunctive Relief
Hi Chris,
Just wanted to check on the status of this one. At our conf call with the AG's Office in June I think we left it that you
guys had another way of potentially contacting the permittee and where going to send him the previous NOV, etc. We
have a meeting coming up on Friday with the AG staff about various cases and I just wanted to know where this one
stood in case it comes up.
Thanks
Bradley Bennett
Stormwater Permitting Program Phone: [phone]
NC Division of Energy, Mineral and Land Resources Fax: [phone]
1

1612 Mail Service Center Email: bradley.bennett [e-mail]
Raleigh, NC 27699-1612 Web: http:tlportal.nGdenr.org/web/Irlstormwater
Email correspondence to and from this address may be subject to public records laws
From: Baker, Chris
Sent: Wednesday, June 18, 2014 2:18 PM
To: Bennett, Bradley
Subject: RE: Forest Grove Subdivision Injunctive Relief
Hey Bradley,
Thanx for the heads up. We plan to attend the conference call in Dan's office. If you have any comments regarding the
documents I attached let me know.
Thanx again,
chris
From: Bennett, Bradley
Sent: Wednesday, June 18, 2014 12:08 PM
To: Baker, Chris
Cc: Sams, Dan; Scott, Georgette; Vinson, Toby
Subject: RE: Forest Grove Subdivision Injunctive Relief
Chris
I just talked to Georgette and let her know that we have a conference call next Tuesday (6/24) at 10:00 to talk with the
AGO (Kathy and Don) about this one. We can connect you guys in on the call, just send us a number to call you at.
I:3:l
Bradley Bennett
Stormwater Permitting Program Phone: [phone]
NC Division of Energy, Mineral and Land Resources Fax: [phone]
1612 Mail Service Center Email: bradiey.bennett(@ncdenr.gov
Raleigh, NC 27699-1612 Web: http:llportal.ncdenr.o[g/web/Irlstormwater
Email correspondence to and from this address may be subject to public records laws
From: Baker, Chris
Sent: Wednesday, June 18, 2014 11:35 AM
To: Vinson, Toby
Cc: Sams, Dan; Scott, Georgette; Bennett, Bradley
Subject: Forest Grove Subdivision Injunctive Relief

Toby,
I received a flow chart and several memos, letters, etc. from Bradley to execute an Injunctive Relief request for Forest
Grove Subdivision stormwater permit violations. I have read through the documents sent to me and have researched
the general statutes relevant to this action to the best of my ability. I have written what I believe to be all the necessary
memos, letters, etc. to move forward with the Injunctive Relief request but I do have a couple areas within said
documents, names mostly, which I am unsure what data is to be filled in or even if some data is even to be filled in by
our staff. I am requesting that you review what I have written and advise me of any items or data that I may be missing
or have incorrect. I have highlighted the areas I'm unsure of for convenience.
If everything is in order then the word "go" is all that is necessary and I will forward all documents and the file to your
office.
Thanx,
chris

NC®ENR
North Carolina Department of Environment and Natural Resources
Pat McCrory
Governor
June 26, 2014
CERTIFIED MAIL #7013 2630 0002 0760 9480
RETURN RECEIPT REQUESTED
Ed Hill, Owner
Post Office Box 3596
Holly Ridge, NC 28445
Subject: NOTICE OF VIOLATION and Recommendation for Enforcement
Failure to Respond to NOV-2013-PC-0009
Stormwater Permit No. SW8 980220
Forest Grove Subdivision
New Hanover County
Dear Mr. Hill:
John E. Skvarla, III
Secretary
This letter is to notify you that you are in violation of Title 15A North Carolina Administrative Code
(NCAC) 2H .1003 in accordance with North Carolina General Statute (G.S.) 143-214.7 for failure to
respond to a Notice of Violation (NOV-2013-PC-0009) for various deficiencies associated with permit
Stormwater Management Permit SW8 SW8 980220, which will expire on December 14, 2014.
During January 2, 2013 to March 28, 2014 inspectors from the Wilmington Regional Office of the
Division of Energy, Mineral, and Land Resources (DEMLR) observed numerous stormwater permit
violations at the Forest Grove Subdivision. To date, maintenance has not been performed on the
permitted stormwater system and deficiencies identified in the January 8, 2013 NOV have not been
corrected.
On April 17, 2014, Chris Baker of our office attempted to contact you via your attorney Matt Nicholes.
Since then, the DEMLR staff has not received a response from you or from your attorney concerning
the permit violations for permit SW8. 980220. At this point in time DEMLR has no choice other than to
move forward with a second violation notice and recommendation for enforcement.
As noted in NOV-2013-PC-0009 the project has been found in violation of Stormwater Permit Number
SW8 980220, issued pursuant to the requirements of 15A. NCAC 2H.1000. The violations found are:
Failure to Maintain the Stormwater System. Per Section Schedule 11.14 of the permit, the Permittee
shall provide the operation and maintenance necessary to assure the permitted stormwater system
fL;nctions at optimum efficiency. It was observed that vegetation maintenance including weed removal,
rr6)wing of Vegetation, and debris removal from catch basins were not being conducted. See the
attached 4 pictures.
1. The stormwater pond contains excessive sediment.
`2. The outlet structure is clogged with excessive debris not allowing the required design storm to
be released between two (2) to five (5) days as designed.
3. Numerous trees have grown up on the side slopes and along the top of the bank of the
stormwater pond. The tree growth from the outlet structure to the stormwater junction manhole
has clogged the outlet pipe.
Division of Energy, Mineral, and Land Resources
Land Quality Section —Wilmington Regional Office
127 Cardinal Drive Extension, Wilmington, North Carolina 28405 • (910) 796-72151 Fax: [phone]

Forest Grove Subdivision
Stormwater Permit No. SW8 98022Q .b
4. The perimeter swales along the back property lines and along the side portion of lot #1
one is over grown. The swales were not constructed as required on the design plans.
5. Erosion has occurred at several locations at storm drain pipes and along the pond side
slopes.
6. A fence was been built cutting off access to the stormwater pond. However the newly
formed Homeowners Association has recently corrected this for you by installing an
access gate.
To correct the maintenance violations you must
1. Excavate the stormwater pond to the original bottom -of -pond elevation as per the
approved plans and permit.
2. Remove debris from the outlet structure and measures must be taken to prevent
excessive clogging in the future.
3. Cut and remove the trees from the pond side slopes and the area around the top of
bank. The outlet pipe must be cleared to allow proper drainage from the outlet structure
and the pond side slopes and top of bank areas must be stabilized with low growing
vegetation.
4. Remove overgrown trees from all swales and reconstruct with a two foot bottom and
three to one side slopes as shown on the approved plans. The swales must be
stabilized with low growing vegetation.
5. Repair and stabilize all eroded areas.
6. Open access to the stormwater pond (and all permitted stormwater features) is required
to allow for inspection per permit requirements.
Failure to certify the stormwater system. An administrative review of the file revealed that this
Office has not received the Designer's Certification.
Per Section Schedule 11.9 of the Permit, 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.
Failure to provide recorded deed restrictions. An administrative review of the file revealed that
our Office has not received the recorded deed restrictions.
Per Section Schedule 11.16 of the Permit, Prior to the sale of any lot, deed restrictions must be
recorded which limit the built -upon area per lot to the amount as shown on the Project Data
Sheet, per Section I, Part 2.
Required Response
This Office requires that you respond to this letter in writing within 15 calendar days of receipt f'
of this Notice. Your response should be sent to this office at the letterhead address. Provide a
written "Plan of Action" which outlines the actions you will take to correct the violation(s) noted
above and a time frame for completion of those actions, on or before July 28, 2014.
J
In addition, this permit has received an extension per Session Law 2009-406. This law impacts
any development approval issued by the Division of Water Quality under Article 21 of Chapter
143 of the General Statutes, which is current and valid at any point between January 1, 2008,
and December 31, 2010. The law extends the effective period of any stormwater permit that is
set to expire during this time frame to three (3) years from its current expiration date. On
August 2, 2010, the Governor signed Session Law 2010-177, which grants an extra year for a
total of four (4) years extension.
Page 2of5

:it
Forest Grove Subdivision
Stormwater Permit No. SW8 980220
Accordingly, this permit, which already expired on December 14, 2010, shall now be effective
from the date of issuance until December 14, 2014, which includes all available extensions. The
new expiration date for this permit is now December 14, 2014. Title 15A NCAC 2H .1003 (h) (2)
requires that applications for permit renewals be submitted 180 days prior to the expiration of
the permit. On June 14, 2014 (180 days prior to expiration of permit), an application for a permit
renewal will be required and must be sent to DEMLR.
Upon correction of all violations the permittee must request an inspection from DEMLR. Once
this site is found in compliance it should be transferred to the newly formed HOA. The point of
contact for the HOA is Mr. Dave Kuehner, [phone]. Applications for transfer of permits
are available at: http://Portal.ncdenr.o[g/web/Ir/state-stormwater-forms dots.
Thank you for your immediate attention to this matter. This office requires that the violations,
as detailed above, be abated immediately and properly resolved.
Failure to provide the "Plan of Action" by July 11, 2014, or to correct the violations by the date
designated in the "Plan of Action", are considered violations of 15A NCAC 2H.1000, and may
include recommendations for the assessment of civil penalties, pursuant to NCGS 143-215.6A
or if necessary, request the Attorney General's Office to initiate an injunction regarding the
ongoing violations on your site.
jYourabove-mentioned response to this correspondence wi11 �be considered in tFiis process:
Please be -advised, these violations and any continuing or future violations are subject to
a civil penalty assessment of up to $26,000.00 per day for each violation pursuant to
North Carolina General Statute 143-215.6A
We solicit your cooperation, and would like to avoid taking further enforcement action. At the
same time, it is your responsibility to understand and comply with the requirements of the Act.
Copies of the relevant statute and administrative rules may be examined at this office or will be
sent to you upon request. Should you have questions concerning this notice or the
requirements of the Act please contact either Chris Baker or Daniel Sams at 910/796-7215.
Sincerely,
r�
For Tracy E. Davis, P.E., Director
Division of Energy, Mineral and Land Resources
GDSlcsb: G:IWQSIStormwater\Permits & Projects119981980220HD12014 07 NOV 980220
cc: Mr. Dave Kuehner, HOA President
New Hanover County Building Inspections
WiRO Stormwater File
Page 3 of 5

Forest Grove Subdivision
Stormwater Permit No, SW8 980220
Forest Grove Subdivision
New Hanover County
Stormwater Project No. SW8 980220
Designer's Certification
Page 1 of 2
I, , as a duly registered in
the State of North Carolina, having been authorized to observe (periodically 1 weekly 1
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.
Required Items to be checked for this certification to be considered complete are on
page 2 of this form.
Noted deviations from approved plans and specifications:
Signature
Registration Number
Date
SEAL
Page 4 of 5

Certification Requirements:
Forest Grove Subdivision
Stormwater Permit No. SW8 980220 t
Page 2 of 2
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.
10. 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 dimensions of the system, as shown on the approved plans, are
provided.
cc: NCDENR-DWQ
New Hanover County Building Inspections
Page 5 of 5

Casmer, Jo
From:
Sent:
To:
Subject:
Great thank you!!
Abby Stanley
Project Estimator
910.313.6830 Office
910.297.9735 Mobile
910.313.6870 Fax
Abby Stanley [[e-mail]]
Thursday, May 08, 2014 8:46 AM
Casmer, Jo
RE: Forest Grove
�v
This e-mail transmission, including any attachments, is intended only for the named recipient(s)
and may contain information that is privileged, confidential and/or exempt from disclosure
under applicable law. If you have received this transmission in error, or are not the named
recipient(s), please notify Retention Pond Services, Inc. immediately by return e-mail and
permanently delete this transmission, including any attachments.
From: Casmer, Jo [mailto:[e-mail]]
Sent: Thursday, May 08, 2014 8:41 AM
To: Abby Stanley
Subject: RE: Forest Grove
HI Abby: Sorry for the delay in getting this to you — yesterday was ridiculous Q. Upon closer look, this is the only permit
you need. The other one I made reference to is actually a project in Onslow County.
Although this permit reads as expiring in 2010, it is subject to the Session Laws which gives it an additional 4 years— it
expires 12/14/2014.
Jo Casmer
Administrative Assistant IV
NC Department of Environment & Natural Resources
Division of Environmental Assistance & Customer Service
127 Cardinal Drive Extension
Wilmington, NC 28405
Phone: [phone]
Fax: [phone]
Email correspondence to and from this address may he subject to the North Carolina Public Records Law and may be disclosed to third
parties

C
Frdm: Abby Stanley[mailto:[e-mail]]
Sent: Wednesday, May 07, 2014 11:31 AM
To: Casmer, Jo
Subject: RE: Forest Grove
Probably both.
Abby Stanley
Project Estimator
910.313.6830 Office
910.297.9735 Mobile
910.313.6870 Fax
This e-mail transmission, including any attachments, is intended only for the named recipient(s)
and may contain information that is privileged, confidential and/or exempt from disclosure
under applicable law. If you have received this transmission in error, or are not the named
recipient(s), please notify Retention Pond Services, Inc. immediately by return e-mail and
permanently delete this transmission, including any attachments.
From: Casmer, Jo [mailto:[e-mail]]
Sent: Wednesday, May 07, 2014 11:29 AM
To: Abby Stanley
Subject: RE: Forest Grove
There are two separate permits: One is "Forest Grove Townhomes" and the other is "Forest Grove Lots 3,4,7,11,12,14
and 15."
Which one?.....or both?
fo Casmer
Administrative Assistant IV
NC Department of Environment & Natural Resources
Division of Environmental Assistance & Customer Service
127 Cardinal Drive Extension
Wilmington, NC 28405
Phone: [phone]
Fax: [phone]
Email correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third
parties
From: Abby Stanley [mailto:abby(a retentionponds.com]
Sent: Wednesday, May 07, 2014 11:22 AM
To: Casmer, Jo
Subject: Forest Grove

Good morning Jo,
I have another one for you that I am hoping will be a lot easier than the last one. The
subdivision is Forest Grove off of Carolina Beach Rd. Do you think you could help me locate the
permit?
Thank you,
Abby Stanley
Project Estimator
Retention
fond
5ervice5
451 Landmark Drive
Wilmington, NC 28412
910.313.6830 Office
910.297.9735 Mobile
910.313.6870 Fax
This email transmission, including any attachments, is intended only for the named recipient(s)
and may contain information that is privileged, confidential and/or exempt from disclosure
under applicable law. If you have received this transmission in error, or are not the named
recipient(s), please notify Retention Pond Services, Inc. immediately by return e-mail and
permanently delete this transmission, including any attachments.
3

Baker, Chris
From:
Clark, Jason [e-mail]
Sent:
Friday, April 04, 2014 9:43 AM
To:
Baker, Chris
Cc:
lannucci, Jim
Subject:
FW: attorney - Forest Grove
Chris,
The best way we have found to find the owner/responsible party for Forest Grove is through his attorney. Please see
below.
Please let me know if you have any additional information.
Thanks,
Jason Clark I Chief Project Engineer
Engineering i New Hanover County
230 Government Center Drive, Suite 160
Wilmington, NC 28403
[phone] p 1 [phone] f
From: Burpeau, Kemp
Sent: Friday, April 04, 2014 9:39 AM
To: Clark, Jason
Subject: attorney
For Mr. Hill, please contact attorney Matt Nichols with Shanklin and Nichols, 214 Market St., 762 9400/
Kemp Burpeau I County Attorney, Deputy
County Attorney j New Hanover County
230 Government Center Drive, Suite 125
Wilmington, NC 28403
[phone] p 1 [phone] f
NOTICE?: This electronic transmission, including any attachments, has been sent by a lawyer and is intended solely for the use of the
recipient named above. It may contain information that is privileged, attorney work product and/or otherwise not public record. If you
are not the intended recipient, you are hereby notified that you are not authorized to read, print, retain, copy or disseminate this
message, any portion of it, or any attachments. If you have received this message in error, please delete it and any attachments from
your system without reading the content and notify the sender immediately of the inadvertent transmission. There is no intent on the
part of the sender to waive any privilege, including the attorney -client privilege, that may attach to this communication.

11
NC®ENR
North Carolina Department of Environment and Natural Resources
Pat McCrory
Governor
May 1, 2014
CERTIFIED MAIL #7013 2630 0002 0760 5833
RETURN RECEIPT REQUESTED
Ed Hill, Owner
c/o Matt Nichols, Attorney
Shanklin and Nichols
214 Market Street
Wilmington, NC 28401
Subject: NOTICE OF VIOLATION and Recommendation for Enforcement
Failure to Respond to NOV-2013-PC-0009
Stormwater Permit No. SW8 980220
Forest Grove Subdivision
New Hanover County
Dear Mr. Hill:
John E. Skvarla, III
Secretary
This letter is to notify you that you are in violation of Title 15A North Carolina Administrative Code
(NCAC) 2H A003 in accordance with North Carolina General Statute (G.S.) 143-214.7 for failure to
respond to a Notice of Violation (NOV-2013-PC-0009) for various deficiencies associated with permit
Stormwater Management Permit SW8 SW8 980220, which will expire on December 14, 2014.
During January 2, 2013 to March 28, 2014 inspectors from the Wilmington Regional Office of the
Division of Energy, Mineral, and Land Resources (DEMLR) observed numerous stormwater permit
violations at the Forest Grove Subdivision. To date, maintenance has not been performed on the
permitted stormwater system and deficiencies identified in the January 8, 2013 NOV have not been
corrected.
On April 17, 2014, Chris Baker of our office attempted to contact you via your attorney Matt Nicholes.
Since then, the DEMLR staff has not received a response from you or from your attorney concerning
the permit violations for permit SW8 980220. At this point in time DEMLR has no choice other than to
move forward with a second violation notice and recommendation for enforcement.
As noted in NOV-2013-PC-0009 the project has been found in violation of Stormwater Permit Number
,SW8 980220, issued pursuant to the requirements of 15A NCAC 21-1.1000. The violations found are:
Failure to Maintain the Stormwater System. Per Section Schedule 11.14 of the permit, the Perm ittee
shall provide the operation and maintenance necessary to assure the permitted stormwater system
functions at optimum efficiency. It was observed that vegetation maintenance including weed removal,
mowing of vegetation, and debris removal from catch basins were not being conducted. See the
attached 4 pictures.
1. The stormwater pond contains excessive sediment.
2. The outlet structure is clogged with excessive debris not allowing the required design storm to
be released between two (2) to five (5) days as designed.
3. Numerous trees have grown up on the side slopes and along the top of the bank of the
stormwater pond. The tree growth from the outlet structure to the stormwater junction manhole
has clogged the outlet pipe.
Division of Energy, Mineral, and Land Resources
Land Quality Section — Wilmington Regional Office
127 Cardinal Drive Extension, Wilmington, North Carolina 28405 • (910) 796-72151 Fax: [phone]

Forest Grove Subdivision
Stormwater Permit No. SW8 980220`'
4. The perimeter swales along the back property lines and along the side portion of lot #1
one is over grown. The swales were not constructed as required on the design plans.
5. Erosion has occurred at several locations at storm drain pipes and along the pond side
slopes.
6. A fence was been built cutting off access to the stormwater pond. However the newly
formed Homeowners Association has recently corrected this for you by installing an
access gate.
To correct the maintenance violations you must:
1. Excavate the stormwater pond to the original bottom -of -pond elevation as per the
approved plans and permit.
2. Remove debris from the outlet structure and measures must be taken to prevent
excessive clogging in the future.
3. Cut and remove the trees from the pond side slopes and the area around the top of
bank. The outlet pipe must be cleared to allow proper drainage from the outlet structure
and the pond side slopes and top of bank areas must be stabilized with low growing
vegetation.
4. Remove overgrown trees from all swales and reconstruct with a two foot bottom and
three to one side slopes as shown on the approved plans. The swales must be
stabilized with low growing vegetation.
5. Repair and stabilize all eroded areas.
6. Open access to the stormwater pond (and all permitted stormwater features) is required
to allow for inspection per permit requirements.
Failure to ce►fify the stormwater system. An administrative review of the file revealed that this
Office has not received the Designer's Certification.
Per Section Schedule 11.9 of the Permit, 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.
Failure to provide recorded deed restrictions. An administrative review of the file revealed that
our Office has not received the recorded deed restrictions.
Per Section Schedule 11.16 of the Permit, Prior to the sale of any lot, deed restrictions must be
recorded which limit the built -upon area per lot to the amount as shown on the Project Data
Sheet, per Section I, Part 2.
Required Response
This Office requires that you respond to this letter in writing within 15 calendar days of receipt
of this Notice. Your response should be sent to this office at the letterhead address. Provide a
written "Plan of Action" which outlines the actions you will take to correct the violation(s) noted
above and a time frame for completion of those actions, on or before May 19, 2014.
In addition, this permit has received an extension per Session Law 2009-406. This law impacts
any development approval issued by the Division of Water Quality under Article 21 of Chapter
143 of the General Statutes, which is current and valid at any point between January 1, 2008,
and December 31, 2010. The law extends the effective period of any stormwater permit that is
set to expire during this time frame to three (3) years from its current expiration date. On
August 2, 2010, the Governor signed Session Law 2010-177, which grants an extra year for a
total of four (4) years extension.
Page 2 of 5

Forest Grove Subdivision
Stormwater Permit No. SW8 980220
Accordingly, this permit, which already expired on December 14, 2010, shall now be effective
from the date of issuance until December 14, 2014, which includes all available extensions. The
new expiration date for this permit is now December 14, 2014. Title 15A NCAC 2H .1003 (h) (2)
requires that applications for permit renewals be submitted 180 days prior to the expiration of
the permit. On June 14, 2014 (180 days prior to expiration of permit), an application for a permit .
renewal will be required and must be sent to DEMLR.
Upon correction of all violations the permittee must request an inspection from DEMLR. Once
this site is found in compliance it should be transferred to the newly formed HOA. The point of
contact for the HOA is Mr. Dave Keenan, [phone]. Applications for transfer of permits
are available at: http://portal.nedenr.org/web/Ir/state-stormwater-forms does.
Thank you for your immediate attention to this matter. This office requires that the violations,
as detailed above, be abated immediately and properly resolved.
Failure to provide the "Plan of Action" by May 19, 2014, or to correct the violations by the date
designated in the "Plan of Action", are considered violations of 15A NCAC 2H.1000, and may
include recommendations for the assessment of civil penalties, pursuant to NCGS 143-215.6A
or if necessary, request the Attorney General's Office to initiate an injunction regarding the
ongoing violations on your site.
iYour above mentioned response to this co_rresponden ec will be_ �co_nsidered'in this process.
Please be advised, these violations and any continuing or future violations are subject to
a civil penalty assessment of up to $25,000.00 per day for each violation pursuant to
North Carolina General Statute 143-215.6A
We solicit your cooperation, and would like to avoid taking further enforcement action. At the
same time, it is your responsibility to understand and comply with the requirements of the Act.
Copies of the relevant statute and administrative rules may be examined at this office or will be
sent to you upon request. Should you have questions concerning this notice or the
requirements of the Act please contact either Chris Baker or Daniel Sams at 910/796-7215.
Sincerely,
For Tracy E. Davis, P.E., Director
Division.of Energy, Mineral and Land Resources
GDSlcsb: G:IWQSIStormwater\Permits & Projects119981980220HD12014 05 NOV_NORE 980220
cc: Mr. Dave Win, HOA President
New Hanover County Building inspections
WiRO Stormwater File
Page 3 of 5

U.S. Postal Service,.
CERTIFIED
MAIL,,, RECEIPT
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(DomestioNail Only,
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PS Form 3800, 006
See Reverse for Insiructio.r
UNIT2'-MK-
J.T,�:.SERV
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• Sender: Please print your name, address, and ZI
NC DENR - Stormwater Permitting
127 Cardinal Drive Extension
Wilmington, NC 28405
sirstrcLzo Mail......
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this box,

Forest Grove Subdivision
New Hanover County
Stormwater Project No. SW8 980220
Designer's Certification
Forest Grove Subdivision
Stormwater Permit No. SW8 980220
Page 1 of 2
I, , as a duly registered in
the State of North Carolina, having been authorized to observe (periodically 1 weekly 1
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.
Required Items to be checked for this certification to be considered complete are on
page 2 of this form.
Noted deviations from approved plans and specifications:
Signature
Registration Number
Date
SEAL
Page 4 of 5

Certification Requirements:
cc
Forest Grove Subdivision
Stormwater Permit No. SW8 980220 -.
Page 2 of 2
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 hot cause short-
circuiting of the system.
10. 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 dimensions of the system, as shown on the approved plans, are
provided.
NCDENR-DWQ
New Hanover County Building Inspections
Page 5of5

F
`Casmer, Jo
From:
Sent:
To:
Subject:
This is the guy.
thanx
Baker, Chris
Monday, May 05, 2014 9:18 AM
Casmer, Jo
FW: Forest Grove - Notice of Violation Letter from State
From: Dave Kuehner
Sent: Tuesday, March 18, 2014 9:10 AM
To: Clark, Jason; Scott, Georgette; .-c. ��..c.c..cc,- c...c...cc...
Cc: Iannucci, Jim; Baker, Chris
Subject: RE: Forest Grove - Notice of Violation Letter from State
Any update on this matter?
Thanks
Forest Grove HOA
From:.c...
To:.
CC:..�......, �.. .�....� .;
Subject: RE: Forest Grove - Notice of Violation Letter from State
Date: Mon, 10 Feb 201414:17:24 +0000
Mr. 0aker,
Iiatie yoi; had tame to follow �p cn this matter?
Thanks,
From: Scott, Georgette
Sent: Tuesday, January 21, 2014 4:02 PM
To: Clark, Jason
Cc: Iannucci, Jim; Baker, Chris
Subject: RE: Forest Grove - Notice of Violation Letter from State
Importance: high
C� �
�n�
fey` I�
`v
2
Jason,
I will look back and try to catch up on this one. David is no longer with our office. He has moved on to other
opportunities. I will see what information I can get from the files and get back with you. I have asked Chris
Baker to take over the follow-up on this project. Please give us a little time to research all the background on
this. If you want to call Chris Baker in the mean time you can reach him at 796-7335.
Georgette

' `4 ,_
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From: Clark, Jason
Sent: Tuesday, January 21, 2014 3:29 PM
To: Scott, Georgette
Cc: Iannucci, Jim
Subject: Forest Grove - Notice of Violation Letter from State
Gerogette,
We have been contacted by the Forest Grove HOA about the outstanding Notice of Violation letter from the
State. David Cox, NCDEMLR, was to deliver a Notice of Violation to the Responsible Permit Holder, Mr. Ed Hill.
Jim Iannucci, County Engineer, has tried to contact David Cox unsuccessfully. Back in August of 2013 we met
with the Forest Grove property owners and HOA members. That meeting included Mr. Cox. Mr. Cox
expressed concern that he may not be able to get the owner to pick up/accept the letter. At that meeting we
agreed to help deliver the letter, through the Sheriff's office if he was unsuccessful. He hasn't contacted us
since and we need to move forward with this letter. The age of the project leaves only the State holding a
Stormwater Permit for the site. I'm not sure how familiaryou are with this project. You and I had shared e-
mails back and forth early in 2013. Any help you can give us would be greatly appreciated.
Please contact me if you have any questions.
Thanks,

'
` 1!t .. •. S � Ye. .1 !N}
., �+ r
— .'11�,1 ...
1• Il: 1' � 's F � '( :`..' 'I

NOTICE TO REGISTERED AGENT:
Under N.C.G.S. Section 55D-30(b), it is the duty of the registered agent to forward this certificate to the business entity at the last known
address.
Forest Grove Development of Wilmington, L.L.C. (0677963)
811 Wood Cove Rd.
Wilmington, NC 28409
State of North Carolina
Department of The Secretary of State
�s CERTIFICATE OF DISSOLUTION
1, Elaine F. Marshall, Secretary of State, as mandated by law, do hereby certify that
Forest Grove Development of Wilmington, L.L.C.
has been administratively dissolved pursuant to the procedure set forth in N.C.G.S. Section 57C-6-03
for failure to file an annual report effective as of the date set forth hereunder.
A Limited Liability Company administratively dissolved under N.C.G.S. Section 57C-6-03 may apply
to the Secretary of State for reinstatement by complying with the procedure set forth in the N.C.G.S.
Section 57C-6-03.
This the 25th day of August, 2010
r
Elaine F. Marshall
Seei•etaiy of State
Document id: C201023712919

C201315100070
SOS 1 D: 1321192
Date Filed: 6/4/2013 2:07:00 PN1
Elaine F. Marshall
North Carolina Secretary of State
ARTICLES OF INCORPORATION C201315100070
OF
FOREST GROVE HOMEOWNERS' ASSOCIATION, INC.
The undersigned Incorporator, being a natural- person of full age, does make and
acknowledge these Articles of Incorporation for the purpose of forming a nonprofit corporation
pursuant to the provisions of Chapter 55A of the General Statutes of the State of North Carolina.
ARTICLE 1.
NAME
The name of the corporation shall be FOREST GROVE HOMEOWNERS'
ASSOCIATION, INC. (the "Corporation").
ARTICLE 2.
DURATION
The period of duration of the Corporation shall be perpetual.
ARTICLE 3.
PRINCIPAL PLACE OF BUSINESS
The principal place of business of the Corporation shall be .115-3 Hinton Avenue,
Wilmington; New Hanover County, North Carolina 28403, or at such other place or places as
-may be designated from time to time'.
ARTICLE 4.
REGISTERED OFFICE AND AGENT
The street address of the initial registered office of the corporation and the name of the
initial registered agent at that address are: Broadus 'E. Hill, 111, 115-3 Hinton Avenue,
Wilmington, North Carolina 28403 (New Hanover County).
ARTICLE 5.
PURPOSES AND POWERS
The purposes for which the Corporation is formed are for establishing an association for
the owners of lots in that certain development known as Forest Grove in New Hanover County,
North Carolina, as shown and described on maps recorded in Map Book 43 at Page 382, and
Map Book 47 at Page 351, in the Office of the Register of Deeds of New Hanover County, North
Carolina, and any additions thereto which may be brought within the jurisdiction of the
Corporation; and to promote the health, safety and welfare of the owners of lots within the Forest
Grove development; and any additions thereto as may hereafter be brought within the jurisdiction
of the Corporation; and to operate and maintain the common areas and to provide any other
services provided in, and to serve any other functions sefforth in, the Declaration of Covenants,
Conditions and Restrictions for Forest Grove recorded on April 7, 2003, in Book 3725 at Page

C201315100070 -
765 of the Office of the Registry of Deeds of New Hanover County, North Carolina, and the
Declaration of Covenants, Conditions and Restrictions for Forest Grove —Section 2 recorded on
April 21, 2005, in Book 4768 at Page 978 of the Office of the Registry of Deeds of New
Hanover County, North Carolina, and any amendments to.said documents.
The Corporation shall have the power to take any and all action necessary and
appropriate to qualify the Corporation under Section 528 of the Internal Revenue Code, as
Amended ("Code"), and to elect that the Corporation be taxed under Section 528 of the Code, as
may be amended from time to time.
The Corporation shall have all of the common-law and statutory powers of a corporation
not -for -profit which are not in conflict with the terms of these Articles.
Provided, however, and notwithstanding any power or authority set forth above in this
Article, the Corporation shall have the power and authority to engage only in activities that meet
each of the following requirements:
(a) Such activities are not broader than those activities that may be undertaken by a
homeowners association within the meaning of and as defined in Section 528 of the Code;
(b) Such activities are not broader than those activities that may be undertaken by a
homeowners association pursuant to Section 105-125(a)(8) and Section 105-130.11(a)(11) of the
General Statutes of North Carolina; and
(c) Such activities are not broader than those activities that may be undertaken by a
nonprofit corporation pursuant to Chapter 55A of the General Statutes of North Carolina.
ARTICLE 6.
BY-LAWS
The initial By -Laws of the Corporation (the "By -Laws") shall be adopted by the first
Board of Directors.
ARTICLE 7.
DISSOLUTION
In the event of dissolution of the Corporation, any net assets remaining after the
satisfaction of the Corporation's liabilities shall be transferred and delivered to one (1) or more
public agencies that are exempt from state and federal taxation, as shall be selected by the Board
of Directors of the Corporation, and such assets are to be used for purposes similar to those for
which this Corporation was created. In the event that such transfer and delivery is refused
acceptance, any net assets remaining as of the satisfaction *.of the Corporation's liabilities shall be
transferred and delivered to one or more organizations, -as shall be selected by the Board of
Directors of the Corporation, that are organized generally for purposes similar or related to those
set forth in Article 5 hereof, as long as any such organization is exempt from tax pursuant to
Section 501 of the Internal Revenue Code, as Amended ("Code"), Code or has elected to be
taxed under Section 528 of the Code.
-2-

C211131 S 100070
ARTICLE 8.
NOT FOR PROFIT STATUS
The Corporation does not contemplate pecuniary -gain or profit to the Members thereof,
and no part of the Corporation's net income shall inure (other than through the performance of
related services for members of the Corporation) to the benefit of any of its Officers, Directors or
Members or any other private individual. The Corporation is not organized and shall not be
operated for pecuniary gain or profit. No part of the net earnings of the Corporation shall inure
to the benefit of, or be distributable to, its members, Directors or Officers, except that members
of the Corporation may receive a rebate of any excess dues and assessments previously paid to
the extent permitted by the Internal Revenue Code and applicable law. It is intended that the
Corporation will qualify at all times as an organization eligible to elect to be taxed under Section
528 of the Code.
ARTICLE 9.
MEMBERSHIP
The Corporation shall have members.
ARTICLE 10.
INCORPORATOR
The name and address of the incorporator of this Corporation is:
Matthew A. Nichols
Shanklin & Nichols, LLP
214 Market Street
Wilmington, NC 28401
ARTICLE 11.
INDEMNIFICATION
Every Director and every Officer of the Corporation shall be indemnified by the
Corporation against all expenses and liabilities, including counsel fees, reasonably incurred by or
imposed upon him or her in connection with any proceeding to which he or she may be a party,
or in which he or she may become involved, by reason --of his or her being or having been a
Director or Officer of the Corporation, whether or not he or she is a Director or Officer at the
time such expenses are incurred, except in such cases wherein the Director or Officer is found to
be or adjudged guilty of willful misfeasance or malfeasance in the performance of his or her
duties; provided that, in the event of any claim for reimbursement or indemnification hereunder
based upon a settlement by the Director or .Officer seeking such reimbursement or
indemnification, the Indemnification herein shall only apply if the Board of Directors approves
such settlement and reimbursement as being in the best interest of the Corporation. The
foregoing right of indemnification shall be in addition to and not exclusive of all other rights to
which such Director or Officer may be entitled.
- 3 -

.B
C201315100070
To the fullest extent permitted by applicable law, as it now exists or may hereafter be
amended, no Director of the Corporation shall have any personal liability arising out of any
action, whether by or in the right of the Corporation or otherwise, for monetary damages for
breach of his or her duty as a Director. This Article shall not impair any right to receive
indemnity or insurance from the Corporation or any third party which any Director may now or
hereafter have. Any repeal or modification of this Article shall not impair or otherwise adversely
affect any limitation on, or elimination of, the personal liability of a Director affected hereby
with respect to acts or omissions occurring prior to such repeal or modifications.
IN WITNESS WHEREOF, for the purpose of forming this Corporation under the laws of
the State of North Carolina, I, the undersigned, being the incorporator of this Corporation, have
executed these Articles of Incorporation this the -day of May, 2013.
-09
(SEAL)
Matthew A. Nichols, Incorporator
-4-

Scott, Georgette
�IIII�I-I
From: Cox, David
Sent: Thursday, August 29, 2013 9:54 AM
To: Bailey, Cher
Cc: Scott, Georgette
Subject: RE: Letter re: Forest Grove
Cher,
Thank you for the notice and I will be following up on this in a few weeks.
David Cox
From: Bailey, Cher [mailto:[e-mail]]
Sent: Wednesday, August 28, 2013 4:14 PM
To: '[e-mail]'
Cc: Iannucci, Jim; Burgess, Sam; Cox, David
Subject: Letter re: Forest Grove
(Sent on behalf of Kemp Burpeau)
Please see attached.
Cher Bailey I Administrative Support Assistant
County Attorney I New Hanover County
230 Government Center Drive, Suite 125
Wilmington, NC 28403
[phone] p 1 [phone] f
NOTICE: This electronic transmission, including any attachments, has been sent by a lawyer and is intended solely for the use of the
recipient named above. It may contain information that is privileged, attorney work product and/or otherwise not public record. 11-you
are not the intended recipient, you are hereby notified that you are not authorized to read, print, retain, copy or disseminate this
message, any portion of it, or any attachments. If you have received this message in error, please delete it and any attachments from
your system without reading the content and notify the sender immediately of the inadvertent transmission. There is no intent on the
part of the sender to waive any privilege, including the attorney -client privilege, that may attach to this communication,

New Hanover County
Page 1 of 1
PARID: R07117-002-042-000
FOREST GROVE HOA INC
Sales
0 RAYE DR
Safe Date
Sale Price
Grantee
Grantor
Book
Page
Kale
Y
21-APR-05
$0
FOREST GROVE HOA INC
HILL BROADUS E III KATHERINE R
4768
0978
299556
07-APR-03
$0
FOREST GROVE HOA INC
HILL BROADUS E III KATHERINE R
3725
0765
299555
30-MAR-00
$0
HILL BROADUS E III KATHERINE R
HILL & WILLIAMS CONSTR CO LLC
2726
0620
299554
Sale Details
Sale Date
21-APR-05
Sale Key
299556
Sale Price
$.00
Grantee
FOREST GROVE HOA INC
Grantor
HILL BROADUS E III KATHERINE R
Sale Source
-
Book
4768
Page
0978
Sale Validity
U-Unqualified
Sale Type
VACANT
Sale Flag
STEB
Instrument #
Instrument Type
Declaration of Condo ! Townhouse
Adj. Reason
Adj, Price
Adj. Amount
1 of 3
http://etax.nhegov.comIDataletsIPrintDatalet.aspx?pin=RO7117-002-042-000&gsp=SALES... 2/6/2014

New Hanover County
Page 1 of 1
New Hanover County
IP Profile
Sales
Residential
Commercial
Misc. Improvements
Permits
Land
Values
Agricultural
Sketch
Full Legal
Exemptions
Sub-paroel(s) Info
Original Parcel Info
Parcel Map
ct
NHC Tax Home > Registe
Home
Property Records
Owner Address Parcel ID Advanced
PARID: R07117-002-042-000
FOREST GROVE HOA INC
0 RAYE DR
Parcel
Retu
All ID
313405.07.9779.000
Address
0 RAYE DR
Unit
City
WILMINGTON
Zip Code
to P
Neighborhood
ISC08
Class
HOA-Homeowners Common Area
is P
Land Use Code
OAC-OWNERS ASSOCIATION COMMON AREA
Living UnitS
Acres
1.1643
Sales
Zoning
R-15-RESIDENTIAL DISTRICT
Prope
Quest
Legal
Legal Description
(1.16 ACRES) COMMON AREA FOREST GROVE
Tax District
FD
Owners
Owner
FOREST GROVE HOA INC
City
WILMINGTON
State
NC
Country
Zip
28409
THE DATA IS FROM 2013
Data Copyright New Hanover County [Disclaimer] [Privacy Policy] Last Updated: Febru
Site Design Copyright 1999-2012 Tyler Technlogies. All rights reserved.
htip:Hetax.nhcgov.com/Datalets/Datalet.aspx?slndex=0&idx=1 2/6/2014

S'wJ S 8 a z2o
NEW HA OVER COUNTY
KF:MP P. BURPEAU
Deptay Coumy Aturrncy
Kristin Aktas
Dave Kuehncr
lid Weaver
Re: Forest Grove HOA
Dear Sirs,
WANDA M. COPLEY
County Attorney
5HARONJ. HUFFMAN
Assistant Comity Auornc}'
August 28, 201
Via E-mail: forestgrovehoa a gmail.com
'thank you for meeting on August 21, 2013 with County Engineering, Planning, I..egal
and State Water Quality. We understand the HOA has elected directors, and will proceed
to perform the various functions set -forth in recorded covenants.
State Water Quality is to address the present non-compliance by the original developer,
and direct that storm water improvements be repaired and engineer certified consistent
with permit requirements. When the developer has fully perf'onned those obligations, the
State permit can be transferred to the I-10A and common areas conveyed to the 140A.
County Engineering will continue to monitor drainage for positive flow as set -forth in the
County Ordinance. The County presently intends to defer any action on fence removal or
HOA agreement in lieu of such removal until the State Water Quality issues are further
resolved.
We appreciate the cooperation of all the various parties.
Sincerely,
emp P. 13urpeau,
Deputy County Attorney
Cope: David Cox, State Water Quality
Jim lannucei
Sain Burgess
230 Governmen(Ccnicr Dtku - 5uile. P 125 - Wilmington, NC 28,103
Pl tone: 910.798-71 i3 - Fax: [phone] i 7
n1►tv.nlu ;i;uv.c•nm

From: [e-mail] ;
To: [e-mail]; kuehner70h6tmail.com
CC: [e-mail]; [e-mail]; [e-mail]; [e-mail]
Subject: RE: ,Storm water..... '
Date: Fri, 8 Feb 20.13 16:44:24.+0000
Mr..Kuehner,
Mr,'Burgess is involved in the County budget retreat today and is not available to respond., wanted to let you
' pP 'a o
know what the County.plans to do in ,your subdivision. 'The developer had_a Baled the a#�atement;order.and,
o` st
:ndoCnty. egal'witha decision on' ppeal washeldn Jamsary 3I.Hislawyerhad one week:to res o
theArainage issue -as:well a5 the forination'of the-HOA As of today County Legal has not been contacted
regarding the resolution. Jason Clark, PE'and Jerry May went down.to your neighborhood to see the flooding
and document it with photos. As you reported the road is'a safety issue for residents. Therefore, the County is
proceeding with brin in in a contractor to um the "ond'down today to provide access.`.We'will#ollowu
P g gg pump P Y_ I? P�:
next week with another. contractor to do the necessaryrepairs to the drainage,system under 66elak}atement;
t process irrtfie StormwaterO�dinance "After the re airs. are: made, we will roceed w' tters to th ;
homeowners i nfo rm i ng residents of their responsibilities and work towards a perma ion in your° .,
neigh orhood. Please advise if you have any other questions.
Respectfully,
Jim lannucci
Jim Iannucci I County Engineer
Engineering I New Hanover County
230'Government Center Drive, Suite'160
Wilmington, NC 28403
[phone] ,p 1 [phone] -f
From: Clark, Jason <:
Sent: Friday, February 08, 2013 10:02 AM.
To: 'Dave Kuehner'
Cc: lannucci; Jim; May, Jerry; Burgess,,Tm
Subject: RE: Storm water.....

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Scott, Georgette
From:
Cox, David
Sent:
Thursday, January 03, 2013 8:35 AM
To:
Wetherill, Beth
Cc:
Scott, Georgette
Subject:
RE: Forest Grove Street Flooding SW8 980220
Thanks
From: Wetherill, Beth [mailto:[e-mail]]
Sent: Wednesday, January 02, 2013 4:41 PM
To: Cox, David
Cc: Scott, Georgette
Subject: RE: Forest Grove Street Flooding SW8 980220
I just returned from the tax office and found out the property is in a HOA called Forest Grove HOA, Inc.(which is not
registered with the Secretary of States Office) and its' address is Thomas Mudaro at 811 Wood Cove Road, Wilmington ,
NC 28409 which is surprisingly, right NEXT Door to the address you have for the DEVELOPER, Ed Hill l l I know you
probably can't use this information but thought it was unusual.
From: Cox, David [mailto:[e-mail]]
Sent: Wednesday, January 02, 2013 2:53 PM
To: Wetherill, Beth
Cc: Scott, Georgette
Subject: RE: Forest Grove Street Flooding SW8 980220
Beth,
I'll send a notice and see if we can track Ed Hill down. Like I said in the field, it may be hard but I will try.
David
From: Wetherill, Beth [mailto:[e-mail]]
Sent: Wednesday, January 02, 2013 2:09 PM
To: Cox, David
Cc: Scott, Georgette
Subject: Forest Grove Street Flooding SW8 980220
David
Thanks for coming out to Forest Grove this morning. We finally got access to manhole #4 (see attached plans) which is
downstream of the pond outlet structure and on the projects property. It was open as far as we could tell. This leads us
to believe the pipes between the outlet structure and the manhole are blocked. Possibly by roots from all the trees
growing on the rear pond slope and debris accumulation inside the pipes. The street flooding is due to the pond not
being able to drawdown. We have received numerous complaints that residents can't get out of there subdivision and
damages to several cars driving thru the 2.5 feet of water after it rains. The county will be working on our end to deal
with this and any assistance you can offer will be greatly appreciated.
Beth Wetherill I Engineering Specialist

Engineering j New! Hanover County
230 Government Center Drive, Suite 160
Wilmington, NC 28403
[phone] p 1 [phone] f

N.C. DIVISION OF. WA TER QUALITY
Water Quality Section
Complaint/Emergency Report Form
WILMINGTON REGIONAL OFFICE
Received by Da I oZ� Time
Emergency Complaint " City County
Report Received From 1 1� W lP d 11
Agency —Phone No.
Complainant o c-4 �'C � _�� ]� �v .1�>�� � q S o aao
Address
Phone No.
Check One: Fish Kill Spill Bypass Animal NPDES N.D.
✓/ Stormwater Wetland Other, Specify.
Nature of Referral 1 \r. nr1 L ` � - A PT s
Time and Date Occurred I a / a$ / l a 5 ,, A," coy, .r�PN \
Location of Area Affected
Surface Waters Impacted Classification
Other Agencies Noted
Investigation Details
Investigator _ _ _ _ Date
S:1 WQS 1SHELL SIREPOR T• SHL
EPA Region IV [phone] Pesticides 733-3556 Emergency Management 733-3867 Wildlife Resources 733-7291
Solid and Hazardous Waste 733-2178 Marine Fisheries 726.7021 Water Supply 733-2321 Coast Guard MSO 343-4681
127 Cardinal Drive Extension, Wilmington, N.C. 28405-3845 0 Telephone [phone] Fax [phone]

.ffrj'
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
December 2, 2009
Mr. Ed Hill, Owner/Developer
Forest Grove Subdivision
810 Wood Cove Road
Wilmington, NC 28409
Subject: Session Law 2009-406 — Permit Extension
Stormwater Permit #SW8 980220
High Density — Forest Grove Subdivision
New Hanover County
Dear Mr. Hill:
On August 5, 2009, the Governor signed Session Law 2009-406, This law impacts any
development approval issued by the Division of Water Quality under Article 21 of
Chapter 143 of the General Statutes, which is current and valid at any point between
January 1, 2008, and December 31, 2010. The law extends the effective period of any
stormwater permit that is set to expire during this time frame to 3 years from its current
expiration date.
Accordingly, Stormwater Permit # SW8 980220, which was se o expire on Sr
December 14, 2010, is now in effect until December 14, 2013. Please resubmit the
renewal application and fee at least 180 days prior to December 14, 2013, which would
be June 14, 2013, A copy of the Renewal Application can be obtained from the p-y�
following website: http_//h2o.enr.state.nc.us/su/bmp forms.htm.
If you have any questions, please contact the Division of Water Quality in the
Wilmington Regional Office at 910-796-7215.
Sincerely,
<eoragette Scott
Stormwater Supervisor
Division of Water Quality
S:IWQSISTORMWATERIRENEWAL1SL2009-4061980220.dec09
cc: Wilmington Regional Office
Central Files
Wilmington Regional Office
127 Cardinal Drive Extension, Wilmington, North Carolina 28405
Phone [phone] FAX: [phone] Customer Service: 1-877.623-6748
Internet: www ricwaterquality org
An Equal Opporlunity 1 Affirmative Aotiun Employer
NorthCarolina
Naturally

J. WARD ANDREWS
Consulting Engineer
POST OFFICE BOX 4423
WILMINGTON, NORTH CAROLINA 28406
TELEPHONE [phone]
November 9, 2000
Ms. Linda Lewis
Environmental Smineer
N. C. Department of Environment
and Natural Resources
Water Qualitv Division
127 Cardinal Drive Extension
Wilminlrton, N. C. 2B405
Dear Ms. Lewis 3
RECEIVED
NOV 13 2000
DWQ
PROD # :50u-3 q-80720
I have a copy of your letter of October 31, 2000 requesting add-
itional information on Stormwat.er Project No. SWR980220, Forest Drove
Subdivision. Your concern was for stormwater you feel would enter the
collection Swale from the back portion of 5 lots facing Horn Road.
I am submittinu new calculations to include now from this area.
Now calculations required new Permit Application forms and a new Wet
Detention Basin form,which are enclosed with this submittal.
Please let me know if anv further information is required.
Yours very truly,
J. Ward .Andrews, P. S.

CERTIFIED y
RECEIPT Ijl
(Domesticonir No Insurance
Coverage Provided)
S
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OFN C`�4dAL
USE
E:,
El
r%-
i Postage
$
L
C3
ru
Certified Fee
��/j
�Cf1S�P srk ���
M
0
Return Receipt Fee
(Endorsement Required)
Were
E3
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Restricted tetivery Fee
(Endorsement Required)
��11
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Total Postage & Fees
M

r
Stale Slormwater Management Systems
Permit No. SW8 980220 Modif7calion
STATE OF NORTH CAROL,INA
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, Gencral Statutes of North Carolina as amended, and
other applicable haws, Rules, and Regulations
PERMISSION IS HEREBY GRANTF�D TO
Mr. Ed Hill, 0;vner/Developer
Foresl Grove Subdivision
New 1-Icrnover• County
FOR THIS
construction, operatirnl and maintenance of wet detention pond in compliance with the provisions of 15A NCAC
21-1 .1000 (hereafter referred to as the "slorrnmcrler rules") and the approved stormwater management plans and
speciftcations 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 lssuarICC Ulltll December 14, 2010 and shall be subject to the
following specificcl conditions and limitations:
I. DESIGN STANDARDS
This permit is effective only with respect to the nature and volume of stormwater described in the
application and Whet' 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 subdivision is permitted for 30 lots, each allowed 2,000 square
feet of'built-upon area.
3. Approved plans and specifications for this project are incorporated by reference and are errlorceable parts
of the permit..
4. The offsite drainage area is 41,325 ftz, and 7,000 W of impervious offsitc area has been accounted for in tch
pond design.
2

State Stormwatcr Management Systems
Permit No. SW8 980220 Modification
DIVISION OF WATER QUALITY
PROJECT DATA S1114"A'
Project Name:
Permit Number:
Location:
Applicant:
Mailing Address:
Application Date:
Name of' Receiving Stream / Index 4:
Classification of Water Body:
II'Class SA, chloride sampling results
Design Storm:
Pond Dcpth, feet:
Permanent Pool I levation, I' MSL:
Drainage Arca, acres:
"Total 1117perViOt1S SUr1Z1CCS, f12:
30 lots at 2,000 f12:
Roads/Parking, ftz
Offsitc, ft2
Offsitc Drainage Area entering Pond, ft'
Required Surlace Area, I't2:
Provided Surface Area, ft':
Required Storage VOIu111C, ft':
Provided Storage Volume, ft':
Temporary Storage I:;levation, FMSI.,:
controlling Orifice:
Forest Grove SUbdivision
SW8 980220 Modification
New Hanover County
Mr. lid I-1111, Owner/Developer
810 Wood Cove Road
Wilmington, NC 28409
November 13, 2000
Mott Creek 1(CF R 18-82)
IIC SWn
nla
lot
7.5
15.5
7.66
108,282
60,000
41,282
7,000
41,325, per Inginecr
2,915
1,600
11,772
12,832
18.1
1.25"(c pipe
3

State Storniwater Management Systems
Permit No. SW8 990220 Modification
II. SCI-IEI)ULE OF COMPLIANCE
No homeowner/lot owner/developer shall fill in, alter, or pipe any drainage feature (such as swales) shown
on the approved plans as part of the stormwater management system without submitting a revision to the
permit and receiving approval from the Division.
2. The permittee is responsible for verifying that the proposed built -upon area for the entire lot, including
driveways and sidewalks, does not exceed the allowable built -upon area. Once the lot transfer is complete,
the bUrlt-uporl area may not be revised without approval from the Division of Water- Quality, and
responsibility for meeting the built -upon area limit is transferred to the individual property owner.
3. [fan Architectural Review Committee (ARC) is required to review plans for compliance with the B1JA
unlit, the plans reviewed must include sidewalks and driveways. Any approvals given by the ARC do not
relieve the ]homeowner of the responsibility to maintain compliance with the permitted BUA limit.
4. The following items will require a modification to the permit:
a. Any revision to the approved plans, regardless of sire.
b. Project name change.
C. Transfer of ownership.
d. Redesign or addition to the approved amount of built -upon area.
C. Further subdivision, acquisition, or sale of the project area. The project area is defiled as all property
owned by the permittee, for which Sedimentation and Erosion Control Plan approval was sought.
F. Pilling in, altering, or piping of any vegetative conveyance shown On the approved plan.
The Director may determine that other revisions to the project should require a modification to the permit.
6. The Director may notify the permittee when the permitted site does not meet one or more ofthe minirllum
]'equirenlcnt.s of'the permit. Within thetime frame specified in the notice, the perrtlittce shall submita written
time schedule to the Director for modifying the site to meet. minimum requirements. The permittee shall
provide copies of revised plans and certification to writing to the Director that the changes have been made.
The stormwater management system shall be constructed in it's entirety, vegetated and operational for its
intended use prior to the construction ofany built -upon surface.
During construction, erosion shall be kept to a minimum and any eroded areas of the system will be repaired
immediately.
9. Uporl completion of construction, prior to issuance of a Certificate of 0ccupancy, and prior to operation of
this permitted facility, a certification must be received from an appropriate designer for the system installed
ccrtifying 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 rioted on the Certification.
0. Decorative spray fountains will not be allowed in the stormwater treatment system.
11. I f 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.
12. 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.
9

I
State Stormwater Management Systems
Permit No. SW8 980220 ModiFication
13. Prior to transfer of the permit, the poled Must be inspected by DWQ pc]-sonnel, and determined to be in
compliance with all permit conditions. Any items not in compliance must be repaired or replaced to design
condition prior to the transfer. Records of maintenance activities performed to date will be Iequired,
14. The permittee shall at all times provide the operation and maintenance necessary to assure the permitted
stornlwatcr system llllletiOnS at Opt1111L1n7 efflClellCy. 'I'11c approved Operation and Maintenance Plan 111iisl
be followed in its entirety and maintenance must occur at the scheduled intervals including, but not limited
to:
��. SCI11ia1111Ua1 scheduled inspections (every 6 months).
b. Sediment removal.
C. Mowing and revegetation of side slopes.
Cl. Immediate repair of eroded areas.
C. Maintenance of side slopes in accordance with approved plans and specifications.
f. Debris removal and unclogging of outlet structure, orifice device and catch basins and piping.
g. Access to the outlet structure must be available at all times.
15. 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.
16. Prior to the sale of any lot, deed restrictions must be recorded which limit the built -upon area per lot to the
amount as shown on the Project Data Sheet, pet- SCCt1011 I, Pall 2. The recorded State117e1I In Ist follow t11e
form:
a. "The maximum built -upon area per lot is 2,000 square feet. This allotted amount includes any built -
upon area constructed within the lot property boundaries, and that portion of the right-of-way
between the front lot line and the edge of the pavement. Built upon area includes, but is not limited
to, StRICIUreS, asphalt, concrete, gravel, brick, Stolle, slate, coquina and parking areas, bUt does not
include raised, open wood decking, or the water surface of swimming pools."
b. "The covenants pertaining to stormwater regulations may not be changed or deleted without
concurrence of the State."
"Alteration of the drainage as shown on the approved plan may not take place without the
concurrence of the State."
d. "All runoff on the lot must drain into the permitted system. This may be accomplished through
providing roof drain gutters which drain to the street, grading the lot to drain toward the street, or
grading swales to collect the runoff and directing their Into the poled or street. Lots that naturally
drain into the system are not required to provide these measures."
17. A copy of the recorded deed restrictions must be submitted to the Division within 30 clays of the date of
recording the plat, and prior to selling lots. The recorded copy must bear the signature of the Permittee, the
deed book number and page, and stamp/signature of the Register of Deeds.
19. 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.
19. A copy ol'the Approved plans and specifications shall be maintained on file by the Permittee fora minimLlrn
often years from the date of the completion of construction.

State Stormwalcr Management Systems
Permit No, SW8 980220 ModificaliOn
20. 131.111t upon area includes, but is not limited to, structures, asphalt, concrete, gravel, brick, stone, slate,
coquina and parking areas, but does not 111CILIde raised, open wood decking, or the water surface of
swlllillling pools,
III. GENERAL CONDITIONS
This permit is not transferable. in the event there is a desire for the facilities to change ownership, or there
I,, a name change of the I'ermittce, a "Name/Ownership Change Form" must be submitted to the Division
of Water Quality accompanied by appropriate documentation from the parties involved, such as a copy of
the deed of trust. Other supporting materials, such as a signed Operation and Maintenance plan in the case
of'engineered systems, will also be required. The project ]rust be in good standing; with DWQ. The approval
of this request will be considered on its merits and may or may not be approved.
2, Failure to abide by the conditions and limitations contained in this permit may subject the Permittee to
enforcement action by the Division of Water Quality, in accordance with North Carolina General Statute
143-215.6A to 143-215.6C.
3. The issuance of this permit does not preclude the Permittec from complying with any and all statutes, rules,
regulations, or ordinances which may be imposed by other government agencies (local, state, and federal)
which have jurisdiction.
4. In the event that the facilities fail to perform satisfactorily, including the Creation of nuisance conditions,
the Permittee shall take immediate corrective action, including; those as may be required by this Division,
such as the construction of additional or replacement stornlwater management systems.
The permit may be modified, revoked and reissued or terminated for cause. The filing of a request for a
permit modification, rcvocatlon and relssuancc Or termination does not stay arty permit condition.
Pcrnlittce grants permission to staff of the DWQ to access the property for the purposes of inspecting the
stormwater facilities during; normal business hours.
7. The permittee shall notify the Division of any name, ownership or mailing; address changes within 30 days.
Permit issued this the 14th day of December, 2000.
NORTH CAROL, A EN IRONME`NTA1., MANAGFMFINT COMMISSION
IRPR
err T. Stevens, Director
Division Of Water Quality
By Authority of the Lnviromnental Management Commission
Permit Number SW8 980220 Modification
6

P 01
J. WARD ANDREWS
Consulting Engineer
POSY Or FP C..F. BOX 4423
WILMINGTON,, NORTH CAROLINA ZA06
TELEPHONE [phone]-"44
%y 11. 1999
Yin. Unda Lewis
Environmental Vmineer
N. C. Department of Environment
and Natural Re source s
Division of Water Quality
127 .Cardinal Drive Extension
Wilmington, N. C. 28405
Dear Ms. Lewis s
Gj
You have our submittal for a stormwater permit for Forest Grove Tovn-
homes, Project No. SW 980220.
Please accept this as a request to plaae this project on "Hold".
Dee to certain zoning requirements which prohibit it from becoming
a townhomes development, tho dGVOlopers have been Forced to change from
duplex townhomes to a subdivision of single family iota.
As soon as S can get, the plan for this development from the surveyor,
I will resubmit this application.
Yours very truly.
iJ� / Cu
. Ukrd Andreas, P. S.

State of North Carolina
begartment of Environment
and Natural Resources
Wilmington Regional Office
.Tames B. Hunt, Jr., Governor
Wayne McDevitt, Secretary
Division of Water Quality
August 18, 1999
Mr. Ed Hill, President
Hill R Williams Construction Company
I 1 5-3 Hinton Avenue
Wilmington, NC 28403
NCDENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL REsouRCEs
Subject: ACKNOWLEDGMENT OF RECEIPT AND
REQUEST FOR ADDITIONAL INFORMATION
Stormwater Project No. SW8 980220
Forest Grove Subdivision
New Hanover County
Dear Mr. Hill:
The Wilmington Regional Office received a Stormwater Management Permit Application for Forest
Grove Subdivision on .tune 29, 1999. A preliminary review of that information has determined that the
application is not complete. The following information is needed to continue the stormwater review:
1. The 1,700 square feet per lot is a very small amount of built -upon area. It has been our
experience that this amount will cause future compliance problems for the lot owners, in that
they will be unnecessarily restricted in adding to their home or installing a new patio or
additional driveway. Please review this number and verify that it will be sufficient based on the
projected home size and driveway requirements. Since a pond is being designed, you have a lot
of flexibility concerning the amount of built -upon area by simply deepening the pond or adding
surface area to meet the minimum requirements. If you persist in allowing only a maximum of
1,700 square feet, I must requirethat the restrictions be recorded with the wording as shown
on the attached page, and a copy submitted to this Office prior to issuing the permit.
2. Please provide perimeter swale grading and proposed lot grades. Since this is a high density
subdivision, all runoff from both the lots and streets must be collected and directed into the
pond.
3. The State requires that the minimum design storm is 1 " for ponds. Please revise the supplement
to show l II and not the 10 year storm.
4. Locate the pond in a recorded access/drainage easement.
5. Please reference the project number above on all correspondence.
6. The outlet structure detail indicates the overflow elevation as 17.5, but the calculations and
supplement show it as 18. Please revise.
127 Cardinal Dr. Ext., Wilmington, North Carolina 28405 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled1101/(o post -consumer paper

3
r
r
Mr. Hill
August 18, 1999
Stormwater Project No. SW8 980220
7. As discussed at the seminars, the forebay sizing is supposed to be based on 20% of the
permanent pool volume, not the 1 " volume. Please revise.
8. Please base the orifice size'on the minimum required I" volume, not what has been provided
in the pond. As discussed at the seminars, this is different than what was done in the past.
9. Based on the dimensions provided, the surface area at 15.5 is closer to 3,600 square feet and at
elevation) 8, 5,800 square feet. Please check and revise as needed.
Please note that this request for additional information is in response to a preliminary review. The
requested information should be received by this Office prior to September 18, 1999, or the application will
be returned as incomplete. The return of a project will necessitate resubmittal of all required items, including
the application fee. The Division is allowed 90 days from the receipt of a completed application to issue the
permit.
The construction of any impervious surfaces, other than a construction entrance under an approved
Sedimentation Erosion Control Plan, is a violation of NCGS 143-215.1 and is subject to enforcement action
pursuant to NCGS 143-215.6A.
If you have any questions concerning this matter please feel free to call me at [phone].
Sincerely,
Linda Lewis
Environmental Engineer
RSS/arl: S:IWQSISTORMWATIADDINFO\980220.AUG
cc: Linda Lewis
Ward Andrews, P.E.
127 Cardinal Dr. Ext., Wilmington, North Carolina 28405 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/10% post -consumer paper

J. WARD ANDREWS
Consulting Engineer
POST OFFICE BOX 4423
WILMINGTON, NORTH CAROLINA 28406
TELEPHONE [phone]
June 28; 1999
Ms. Linda Lewis
Environmental Engineer
N. C. Department of tnvironment
and Natural Resources n
Division of Water Quality
127 Cardinal Drive Extension Ci
Wilmington, N. C. 28405
Dear Ms. Lewis s
Some time ago I wrote to --you requesting that you place Forest Grove
Townhome s , Project No. SW S 40220 on hold.
OTW
Due to certain zoning requirements which prohibit it from becoming
a townhomes development, the developers have been forced to change from
duplex townhomes to a subdivision of 30 single family lots.
Naw NCDOT requirements caused some revision of locations of manholes
both for sanitary sewers and stormdrains,
New calculations and plans are submitted with this application. Please
let me know if any further information is required,
Yours very truly,
W
J. Ward Andrews, P. E.
ORMWATER
E C E 1 v E
J UN 2 9 1999
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STORMWATM MANAGEMENT
FORM GROVE SUBDIVISION
The Ray Drive connection to Carolina Beach Road runs through about
300 ft.'of property not included in this subdivision. This property on
both sides of the road falls away from Ray Drive and is not included in
the drainage calculations for this project.
Stormwater from this development is collected in the street, flows
in the curb to catch basins, and is piped to the pond. Since the developer
wants Ray Drive to be a public street added to the NCDOT system. new DOT
rules required that manholes 1."2 & 3 be located outside the street right-
of-way in the 10 ft. utility easement.
New Hanover County requires the rate of run-off of, stormwater be
no greater after development than it was before development. To meet
this requirement a 12 inch pipe was required at the pond outlet. The
outlet structure was moved to a point in the center of the southern line
of the pond to avoid short circuiting.
Stormwater from the pond discharges into a ditch system which drains
to Mott Creek.
a E C E I V E
JUN 2 91999
PROD # S(A-1' i8ozzc3

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State of North Carolina
Department of Environment
and Natural Resources
Wilmington Regional Office
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary
Division of Water Quality
December 15, 1998
Mr. Ward Andrews, P.E.
PO Box 4423
Wilmington, NC 28406
Subject: Hold Status for
Forest Grove Townhomes
Stormwater Project No. 980220
New Hanover County
Dear Mr. Andrews:
On May 12, 1998, this Office received a letter requesting that this project be placed on hold due to
plan changes forced by zoning requirements. The normal_ time limit for a project to be held is 90 days, which
expired on August 12, 1998.
Please -inform this Office of the status of the project by January 15, 1999. The project will be returned
at that time if no response is received by the due date.
If you have any questions, please do not hesitate to call me at [phone].
Sincerely,
Linda Lewis
Environmental Engineer
RSSlarl: S:IWQSISTORMWATILETTERS1980220.DEC
cc: Linda Lewis
Ed Hill
Central Files
127 Cardinal Dr. Ext., Wilmington, North Carolina 28405 Telephone [phone] FAX [phone]
An Equal opportunity Affirmative Action Employer 50% recycled110% post -consumer paper

J. WARD ANDREWS
Consulting Engineer
POST OFFICE BOX 4423
WILMINGTON, NORTH CAROLINA 26406
TELEPHONE [phone]
May 11, 1998
Ms. Linda Lewis
,nvironmental Engineer
N. C. Department of Environment
and Natural Resources
Division of Water duality
127.?.Cardinal drive Extension
Wilmington, N. C. 28405
Dear Ms. lawis :
AN
MAY 12 1998
BY:
You have our submittal for a stormwater permit for Forest Grove Town -
homes, Project No. SWB 980220.
Please accept this as a request to place this project on "Hold".
Due to certain zoning requirements which prohibit it from becoming
a townhomes development, the developers have been forced to change from
duplex townhomes to a subdivision of single family lots.
As soon as I can get the plan for this development from the surveyor,
I will resubmit this application.
Yours very truly,
iJ"4Z �;�
. Ward Andrews, P. E.

J. WARD ANDREWS
Consulting Engineer
POST OFFICE SOX 4423
WILMINGTON, NORTH CAROLINA 28406
TELEPHONE [phone]
April 8, 1998
Ms. Linda Lewis
N. C. Department of vironment
and Natural Resources
Division of Water Quality
127 Cardinal Drive 5ctension
Wilmington, N. C. 284.05
Dear Ms. Lewis s
r
E C E I V E
APR 0 81998
D E M
PROJ 8
I have your letter of March 30, 1998 requesting additional information
on Stormwater Project No. SW6 980220, Forest Grove Townhomes.
I will list the requested information in the same order used in ,your
letter i
1. All of the floor slabs will be raised 1.75 ft. above the
highest curb grade in front of the building. This will allow
a swale between the buildings flowing to the curb as indicated
by the arrows on the plans.
2. A footprint, of the building is shown on sheet 3 of the plans.
The impervious area shown calculates to be"2,727 sq. ft. To allow
for the inevitable add-ons I have used 3,124 sq. ft. per building.
This .figure is shown on sheet 1 of my calculations,
3. The permanent pool of the pond has been dimensioned.
4. There are no wetlands on this site.
5. The vegetated shelf has been widened to 10 ft.
6. The outlet structure has been relocated.
7. Site grading and finished floor levels have been shown.
8. A new 0 & M plan is.cenclosed.
9. After going over topo maps of this'site, Thave determined
that there is no appreciable offsite water flowing onto this site.
10, New forebay sizing calculations are shown on sheet 2 of the
calculations.
Please let me know if any further information is required.
Yours very truly,
J. Ward Andrews, P. E.
kl�

II�Q R-20-2001 FR I 12 : 44 PH NHC ENGINEERING
FAX NO. 910 341 4035
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS Of ENGINEERS
Po, BOX 1890
WILMINGTON, NORTH CAROLINA 26402-1890
1M REPLY REFER TO
Regulatory Division
Action ID No. 200100111
Mr. Ed Hill
910 Wood Cove Road
Wilmington, North Carolina 28409
Dear Mr. Hill:
November 15, 2000
P. 01
Post -it` Fax (Vote 7671
Oase � 0 1
Pa9es�
To • r1 ,
Fro
Co./Dept.
co -IQ
+ (A!> e—
Phone # S_ D b
Phone � �1I�,3
Faxa3 Z0O
Faxs� 1 — O3S
On November 3, 2000, we received a preliminary plat from the New Hanover County
Planning Department for Forest Grove off Carolina Beach Road (LIS 421), near Wilmington, in
New Hanover County, North Carolina.
The Corps of Engineers' regulatory jurisdiction, pursuant to Section 404 of the Clean Water
Act, manages the placement of excavated or fill material in wetlands, areas exhibiting saturated,
organic soils and hydric vegetation. Such work, including road construction and the placement of
fill material to raise elevations, must be permitted by Department of the Army authorization
before it is beeun.
To prevent an unintentional violation of Federal law, before any construction is becrun,
wetlands should be identified, delineated, surveyed and indicated on development plans. I am
responsible for the regulatory program in New Hanover County and may be contacted to identify
wetlands. However, because of the delay that my workload will inflict on a timely response, you
may choose to engage an environmental consultant. The efforts of the consultant, the delineation
of the wetlands, will be subject to Corps verification. We do not recommence, endorse or
exclusively approve any consultant, A 404 line is shown on the plans we received, however, 1
was unable to locate a signed map here in our office. If this is an oversight, please contact me. If
the limits of the Corps jurisdiction have not been confirmed, I would recommend that a
representative from our office verify the 404 line. This would prevent unintentional violation of
Federal law as the plans indicate manipulation of the area directly adjacent to the 404 line.

PPR-20-2001 FRI 12:45 Ply NHC ENGINEERING FAX NO. 910 341 4035 P. 02
Questions or comments may be addressed to the undersigned, at telephone [phone].
Sincerely,
Angie Pennock
Biologist
Regulatory Division
Copy Furnished:
Beth Easley
Nzw Hanover County
Engineering Department
414 Chestnut Street
Wilmington, North Carolina 28401-4045

APR-20-2001 FRI 12:45 PSI NHC ENGINEERING FAX NO. 910 341 4035 P. 03
COASTAL ENVIRONMENTAL SERVICES CO. ENVIRONMENTAL CCNSLIJING
7151 MARKET STREET WILMINGTON, NC 28405 (91O) 686.9617 FAX [phone]
N r. Ed Hill, President September 22, 1998
Mr. Robert Williams, Vice President
FnL & WILLIAMS CONSTRUCTION CO., INC.
115-3 Hinton Avenue
Wilmington, NC 28403
RE: Wetlands Investigations
Forest Grove Subdivision
US Highway 421 South (Carolina Beach Road)
Wilmington, New Hanover County, NC
Dear Mr. Hill and Mr. Williams:
On. September 21, 1998, the undersigned visited the subject site to determine if there are
wetlands present which would be under the jurisdiction of the US Army Corps of Engineers.
The site was evaluated for the presence of jurisdictional wetlands using the US Army Corps of
Engineers three (3) interrelated criteria of soils, vegetation and hydrology_ Portions (isolated
pockets) of the site have vegetation that is considered facultative in nature, i_e., it can be found in
both wetlands and in upland sites In NC. These same areas have a high water table condition
(groundwater located within 12 inches of the land surface). In all cases, it was noted that the high
water table condition is caused by the presence of an underlying hardpan (semi -cemented sand
layer). However, all soil borings advanced within these suspect areas revealed the presence of a
pronounced soil profile (dark brown to black sand in the A horizon and a gray sand in the B
horizon) and/or a high percentage of uncoated (white or gray) soil grains within a dark brown to
black soil matrix. These characteristics are indicative of non-hydric soils normally found in
uplands rather than in wetlands.
Also, during the site inspection, it was noted that the site is surrounded by existing development
that has modified the general ecology of the area from coastal pine forest to more urban uses.
The presence of drainage ditches in the surrounding areas has likely permanently lowered the
seasonal water table and changed the local hydrology such that the entire area currently has the
characteristics of an semi -urbanized upland.
Therefore, it is our professional opinion that there are no jurisdictional wetlands present on the
subject property. Therefore, a formal wetlands delineation will not be necessary in this case. No
further investigations related to wetlands are recommended.
I trust that the above noted information will be of assistance to you. PIease call me if you have
any questions concerning our findings, conclusions or recommendations.
ZNVIRONMENTAL AUDIT/RISK ASSESSMENTS ' UST CLOSURES AND COMPLIANCE -
SITE REMEUTATION • PERMITS - WETLANDS DELINEATIONS - EA/EIS PREPARATION

APR-20-2001 FRI 12:45 PM NHC ENGINEERING
FAX N0, 910 341 4035
P. 04
Mr. Ed Hill/Mr. Robert Williams
September 22, 1998, Page 2.
Thank you.
Sincerely,
COASTAL ENVIRONMENT
William E. Burnett
Senior Environmental Scientist
Registered Environmental Professional
Project Manager
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State of North Carolina
{ Department of Environment
and Natural Resources
Nilmington Regional Office
,lames B. Hunt, Jr.,,Governor
Bill Holman, Secretary
Division of Water Quality
October 31, 2000
Mr. Ed Hill
810 Wood Cove Road
M111mine4on_ NC 28409
Subject: ACKNOWLEDGMENT OF RECEIPT AND
REQUEST FOR ADDITIONAL INFORMATION
Stormwater Project No. SW8 980220
Forest Grove Subdivision
New Hanover County -
Dear Mr. Hill:
The Wilmington Regional Off ce received previously requested information concerning the Stormwater
Management Permit Application for Forest Grove Subdivision on September 25, 2000. A preliminary review
of that information has determined that the application is not complete. The following information is needed
to continue the stornlwater review:
l . Based on the County topo submitted, I think that there is offsite runoff entering this project from
some of the lots in Silver Lake Section C Block 3. Runoff travels at right angles to contours, so
there is runoff coming across the 28, 26, 24 and 22 contours on Lots 1-5 of Block 3. This runoff
then enters the collection swale behind Lots 1-15 of Forest Grove, and ultimately enters the
pond. Please recalculate the pond to account for this additional runoff, using an impervious area
of approximately 40% for each lot.
127 Cardinal Dr. Ext., Wilrnington, north Carolina 28405 Telephone [phone] FAX [phone]
An $gnal Opportunity Affirmative Action Employer 501, recycled/10'%o post-consurner paper

Mx. I-lill
October 3 l , 2000
Stormwater Project No. Sv418 980220
----------------------------------------------
Please note that this request for additional information is in response to a preliminary review. The
requested information should be received by this Office prior to December 1, 2000, or the application will be
returned as incornplete. The return of a project will necessitate resubmittal of all required items, including the
application fee.
If you need additional time to submit the information, please mail or fax your request for a time
extension to the Division at the address and fax number at the bottom of this letter. The request ;trust indicate
the date by which you expect to submit the required information. The Division is allowed 90 days from
the receipt of a completed application to issue the permit.
The construction of any impervious surfaces, other than a construction entrance under an approved
Sedimentation Erosion Control Plan, is a violation of NCGS 143-2I5.1 and is subject to enforcement action
pursuant to NCGS l 43-215.6A.
Please reference the State assigned project number on all correspondence. Any original documents that
need to be revised have been sent to the engineer or agent. All original documents must be returned or new
originals must be provided. Copies are not acceptable. If you have any questions concerning this matter please
feel free to call me at [phone].
Sincerely,
Linda Lewis
Environmental Engineer
RSS/arl: S:IWQSISTORMWATIADDINF01980220.00T
cc: Linda Lewis
Ward Andrews, P.E.
127 Cardinal Dr. Ext., Wilmington, North Carolina 28405 Telephone [phone] FAX [phone]
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J. WARD ANDREWS
Consulting Engineer
POST OFFICE BOX 4423
WILMINGTON, NORTH CAROLINA 288406 �7L+,
TELEPHONE [phone]r�64
Ms. Linda Lawis
Environmental Engineer
N. C. Department of Environment
and Wtural Resources
Water Quality Division
127 Cardinal Drive Ektension
Wilmington', N. Co 28405
Dear Ms. LewisI
RECE-riVED
SEP 2.5 2000
DWQ
pRod # RBOZZO
I have your letter of August 28;' 2000 requesting additional infor-
mation on Forest Grove Subdivision, Sty$ 980220. I will give this infor-
mation in the order that you asked for its
(1) I am enclosing a sheet with sufficient contours and drainage
information to verify the fact that there is no off -site stormwater
draining to the pond'. and giving the additional information you requested.
(2) 7he drainage area for the pond is delineated on this same sheet.
(3) 1 am sure that the application form I sent you was the original.
However;' I will also enclose the copy from, my files so that you will have
a comparison.
(4) I am enclosing a separate calculation sheet to indicate how I
arrived at the temporary pool volume of 12.194 cu. ft.
(5) 1he slopes of the road section have been: changed to 3:1.
(b) 7he location of the forebay wall has been changed to scale 40 ft.
(7) the location of the outlet structure has been moved to the
other point of the triangle.
(8) 'phis project is being developed by Ed Dill and the plans have
been changed to indicate this.
(9) the bar spacing on the trash rack has been changed to 4 inches.
Please let me know if any further information is required.
Yours very truly,
J. Ward Andrews; P. E.

a Spate of North Carolina
Department of Environment
and ]Natural Resources
Wilmington Regional Office
James B. Hunt, Jr., Governor
Bill Holman, Secretary
Division of Water Quality
August 28, 2000
Mr. Ed Hill, Owner
810 Wood Cove Road
Wilmington, NC 28409
Subject: ACKNOWLEDGMENT OF RECEIPT AND
REQUEST FOR ADDITIONAL INFORMATION
Stormwater Project No. SW8 980220
Forest Grove Subdivision
New Hanover County
Dear Mr. Hill:
The Wilmington Regional Office received a Stormwater Management Permit Application for Forest
Grove Subdivision on July 31, 2000. A preliminary review of that information has determined that the
application is not complete. The followinb information is needed to continue the stormwater review:,
Even though the application states that there is no offsite runoff, based on the contours
provided, it appears that runoff from Silver Lake Section C Block 3 may be entering the
proposed swale along the back of lots 6-15. Please provide sufficient existing contours and
drainage features to indicate how the runoff in the existing developed areas and along Horn
Road will drain away from this site. Where does the road ditch along Horn Road go? How
does the runoff from the existing part of Ray Drive flow?
2. Please delineate the drainage area to the pond, including onsite and offsite areas.
Please send in the original signed application form. A copy was submitted. The supplement
submitted is an original, so you need not send in another one of those.
4. Please indicate in the calculations how you arrived at the provided volume of 12,194 cubic
feet.
5. Please change the slopes on the road sections to 3:1 or flatter.
6. The detention pond detail indicates that the forebay wall is located 40' out from the 30" inlet
pipe, but it scales only 25'. Which is correct, 25' or 40'?
To avoid short-circuiting; please relocate the outlet structure to the other "point" in the triangle
created by the pond located behind Lot 16 in Silver Lake.
8. The plans note that this project is being developed by Hill and Williams Construction Co.,
LLC at 115-3 Hinton Avenue. This information is different than what is shown on the
application. Please provide accurate information on the application and plans. If the developer
is indeed an LLC, please change the application to reflect this, and add your title within the
LLC. Please remember that in the case of a corporation, the rules require a person of at least
the level of vice president to sign the application.
9. Please change the bar spacing on the trash rack to a maximum of 4". Larger openings allow
too much trash to be transported downstream.
127 Cardinal Dr. Ext., Wilmington, North Carolina 28405 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50°/, recycfed110% post -consumer paper

Mr. Hill
AU2,ust 28. 2000
Stormwater Project No. S W8 980220
----------------------------------------------
Please note that this request for additional information is in response to a preliminary review. The
requested information should be received by this Office prior to September 28, 2000, or the application will
be returned as incomplete. The return of a project will necessitate resubmittal of all required items, including
the application fee.
If you need additional time to submit the information, please mail or fax your request for a time
extension to the Division at the address and fax number at the bottom of this letter. The request must
indicate the date by which you expect to submit the required information. The Division is allowed 90
days from the receipt of a completed application to issue the permit.
The construction of any impervious surfaces, other than a construction entrance under an approved
Sedimentation Erosion Control Plan, is a violation ofNCGS 143-215.1 and is subject to enforcement action
pursuant to NCGS 143-215.6A.
Please reference the State assigned project number on all correspondence. Any original documents
that need to be revised have been sent to the engineer or agent. All original documents must be returned or
new originals must be provided. Copies are not acceptable. If you have any questions concerning this matter
please feel free to call me at [phone].
Sincerely,
Linda Lewis
Environmental Engineer
RSSlarl: S:1WQSISTORMWATIADDINF01980220.AUG
cc: Linda Lewis
Ward Andrews, P.E.
127 Cardinal Dr. Ext., Wilmington, North Carolina 28405 Telephone [phone] FAX [phone]
An Equal Opportunity AftirmAive Action Employer 50% recycled/10% post -consumer paper

OFFICE USE ONLY
Date Received
Fee Paid
Permit Number
.-7- & - 2000
5wS C Z Zd
State of North Carolina
Department of Environment and Natural Resources
Division of'Water Quality
STORMWATER MANAGEMENT PERMIT APPLICATION FORM
This form may be plwtocopied 'for use as an original
GENERAL INFORMATION
1. Applicants name (specify the name of the corporation, individual, etc. who owns the project):
Ed Hill
2. Print Owner/Sign-ing Official's name and title (person legally responsible for facility and compliance):
Ed Hill. Day&12per
3. Mailing Address for person listed in item 2 above:
810 wood Cove Road
City. Wilmington State: N. C. Zip: 28409
Telephone Number: ( 910 791-2666
4. Project Name (subdivision, facility, or establishment name - should be consistent with project name on
plans, specifications, letters, operation and maintenance agreements, etc.):
Forest Grove Subdivision
5. Location of Project (street address):
Off Carolina Beach -Rd. (US 421 ) between Horn Rd. & Silver Ie.ke Rd.
City: Wilmington Codnty:_ New Hanover,,.
5. Directions to project (from nearest major intersectign):
Approx. One mile north of the intersection of US 421 & NC 132 nrt Ur, 423 _
7. Latitude:_ N 21tOB-.58Longitude:_W77w54-24 _ ofproject
8. Contact person who can answer questions about the project:
Name: Ed Fill Telephone Number: 91.0 791-2666
II. PERMIT INFORMATION:
1. Specify whether project is (check one)
Form SWU-101 Version 3.99
New
Page 1 of 4
x Renewal Modification

?. If t4is application is being submitted as the resuh of a renewal or modification to an existing permit, list the
existing permit number Sly 980220 and its issue date (if known)
•
3. 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 Sedimentation/Erosion 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.
Ill. PROJECT INFORMATION
1. In the space provided below, summarize how stormwater will be treated. Also attach a detailed narrative
(one to two pages) describing stormwater management for the project.
— -- Stormxater will be collected in catch basins and piped to a pond.. 21e outlet
phis 12 inch R. C. pipe. _ This size was necessary to coM yMith the _
— --County pre & post requirements. _ !_
2. Stormwater runoff from this project drains to the Cap2 pear River basin.
3. Total Project Area: 6.71 1 acres
5. How marry drainage areas does the project have? one
4. Project Built Upon Area: '34.7_ %
b. .Complete the following information for each drainage area. If there are more than two drainage areas in the
project, attach are additional sheet with the information for each area provided in the -same format as below.
Basin Information
Drainage Area 1
.Drainage Area Z
Receiving Stream Name
Hott Creek
Receiving Stream Class
C. 3W
Drainage Area
- 292.193 sq- ft-
Existing Impervious' Area
0 sq. ft.
Pro osed lm ervious`Area
'101 282 s . ft.
% Impervious* Area (total)
34.7%
Impervious* Surface Area
Drainage Area I
"Drainage.Area 2
On -site Buildings
60 wo- ft.
-
On -site Streets
41.282 sq. ft.
On -site Parking
0 sq. ft. _
On -site Sidewalks
0 . ft.
Other on -site
0
Off -site
0 sq. ft.
Tota1:101 282 s . ft.
Total:
Impervious area is defined as the built upon area including, but not limited to, buildings, roads, parking areas,
sidewalks, gravel areas, etc.
Form SWU-101 Version 3.99 Page 2 of 4

How wiu the of[ -site impervious area listed above derived? N/A
V. DEED RESTR1CT10NS AND PROTECTIVE COVENANTS
;-he followuig italicized deed restrictions and pl tOWCOt e covenants are required to be recorded for all
•ubdmviston s, outp trceis and future development prior to the sale of any lot. If lot sizes vary significantly, a
-.Able listing each lot number, size and the allowable built -upon area for each lot must be provided as an
attachment.
The followin , covenants are ir:ten,ied to ensure ongoing compliance with state storrrrwater management permit
number 960220 as issued by the Division of Water duality. These covenants may
not be c}nanbed or deleted without the consent of the State.
.'. No more than 2,000 square fret of any lot Shall be covered by structures or impervious materials.
Impervious materials include aspimlt, gravel, concrete, brick, stone, slate or similar material but do not include wood
decking or the wate-r surface of swimming pouts.
3. Swabs situll not be filled in, piped, or altered except as necessary to provide driveway crossings.
4. Built -upon area in excess of the permitted amount requires a state stormwater management permit modification prior to
construction.
5. All permitted runoff from outparcels or future development shall be directed into the permitted stomwater control
system. These connections to the stormwater control system shall be performed in a manner that rrraintains the
integrity and performance of the system as permitted.
By your signature below, you cerWy that the recorded deed restrictions and protective covenants for this project
ah,W include ail 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 concurrence from the State, and that they will be recorded prior to the sale of any lot.
V. SUPPLEMENT FORMS -
The applicable state stonnwater management permit supplement form(s) listed below must be submitted for
each BM? specified for this protect. Contact the Stonnwater and General Permits Unit.at [phone] for the
status and availability of these forms.
Form SWU-102
Wet Detention Basin Supplement
Form SWU-103
Infiltration Basin Supplement
Form SWU-104
Low Density Supplement
Form SWU-105
Curb Outlet System Supplement
Form SWU-106
'Off -Site System Supplement
Form SWU-107
Underground lnfiltration Trench Supplement
Form SWU-109
Neuse River Basin Supplement
Form SWU-109
Innovative Best Management Practice Supplement
Form S W U-101 Version 3.99 Paae 3 of 4

SUIIMITTAL REQUIREMENTS
:ly complete application packages will be accepted and reviewed by the Division of Water Quality (DWQ),
complete package includes all of the items listed below. The complete application package should be
bmitted to the appropriate DWQ Regional Office.
Please indicate that you have provided the following required information by initialing in the space
provided next to each item.
• Origiiial and one copy of the Stormwater Management Permit Application Form
• One copy of the applicable Supplement Form(s) for each BMP
• Permit application processing fee of $420 (payable to NCDENR)
• Detailed narrative description of stormwater treatment/management
• Two copies of plan~ and specifications, including:
- Development/Project name
- Engineer and firm
-Legend
- North arrow
- Scale
- Revision number & date
- Mean high water line
- Dimensioned property/project boundary
- Location map with named streets or NCSR numbers
- Original contours, proposed contours, spot elevations, finished floor elevations
- Details of roads, drainage features, collection systems, and stormwater control measures
- Wetlands delineated, or a note on plans that none exist
- Existing drainage (including off -site), drainage easements, pipe sizes, runoff calculations
[�rAintig re deI' t 'd
V•rota u n w re r�qutrad)
11. AGENTAUTHOR.IZATION
you with to designaw autliority.to another iiWivid" or firm so that they may provide information on your
:half, please complete this section.
Jesigmated agent (individual or.firrn): J. ward Ard ws
,lailing Address: P• C• Bcx 4423
.'tty: Wiaming•ton State: N• C. Zip: 284o6
hone: ( 910 ) 762--2764 Fax: ( 919__� _ 762-2764
Jill. APPLICANT'S CERTIFICATION
, (print or type name of person listed in General Information, item 2)
: ertify that the information included on this permit application form is, to the best of my knowledge, correct and
teat the project will be cotutructed in conformance with the approved plans, that the required deed restrictions
. nd protective covenants will be recorded, and that the proposed project complies with the requirements of 15A
:CAC 2H .1000. . / ,./ /
-)ignature:
Ed Hill,
==orm SW U-101 Version 3.99 Page 4 of 4
Date: D? Z �' D

J. WARD ANDREWS
Consulting Engineer
POST OFFICE BOX 4423
WILMINGTON, NORTH CAROLINA 28406
TELEPHONE [phone]
July 3r; 2000
14s. Linda Lewis
Environmental Engineer
N. C. Department of Environment
and Mural Resources
Division of Water Qmality
127 Cardinal Drive Fctension
Wilmington, N. Co 28405
Dear Ms. Lewiss
RECEIVED
JUL 3 12000
DWQ
Pk0i # sw e q,3o Z Z 0
I have previously submitted an application for a stormrater permit
for Forest Grove Subdivision,' SWB 9B0220. Your last letter requesting
additional information was dated August 18; 1999. Since this project
was put on "hold'; I believe you indicated that another deposit of $420.00
would not be necessary.
Apparently; financing has been secured. and the developer wants to
begin construction soon. He has increased the allowable impervious area
from l700 sq. ft. to 2;000 sq. fte per lot#' and he indicates he can stay
within this allowances
I am submitting new application forms -sand wet detention basin supplement
forms;' together with now calculations and two sets of the plans.
Please let me know if any further information is required.
Yours very truly;'
J. Ward. Andrews; P. E.

► ... `` DIVISION OF WATER QUALITY
NORTH CAROLINA STORM`WATER MANAGEMENT PERMIT APPLICATION
1. GENERAL INFORMATION
(Please print clearly or type)
1. Project Name Forest Grove Townhome s
2. Location, directions to project (include County, Address, State Road) Attach map. On Kav Drive eonneetin�
to Carolina Eeach Road (US 421) between Horn Road (Sr 1262) & Silver Lake Road (Sr 1197;
n sonboro Township, New Hanover. County.
3. Owner's Name Hill & Williams Construction Co. TnLhone9110-791--2850
4. Owner's Mailing Address 115-3 Hinton Avenue
City Wilmington State N. C. Zip_ 28403_
5. Nearest Receiving Stream Mott Creek
Class C 5w
6. Project desc riptio n This is a twonhouse development with '21 buildings and 42 units
with a paved street and stormwater piped to a pond.
H. PERMIT INFORMATION
I . Permit No. (To befilledinbyDwg)
2. Application Date Fee enclosed $ 385.00
3. PermitType: x New Renewal Modification (existing Permit No.)
4. Project Type: Low Density x Detention Infiltration Redevelop General Alter Offsite
5. Other State/Federal Permits/Approvals Required (Check appropriate blanks)
CAMA Major Sedimentation/Erosion Control x 404 Permit
III. BUILT UPON AREA (Please see NCAC 2N,1005 thru ,1007 for applicable density limits)
Classification
Existing Built -upon Area
Proposed Built -upon Area
Total Project Area
% Built -upon Area
Drams Drainaze
Basin Basin
r.
0.0 sq. ft.
95,942 sq. ft.
242,000 Sq. ft.
40%
N. STORKWATER TREATMENT (Describe how the rurwff will he treated}
Breakdown of Impervious Area
(Please indicate below the design impervious area)
Buildings 65,604 sq. ft.
Streets__-- 30, 338 -sq. ft.
--
Parking/S W
K RI
Totals 95,942 sq. ft.
Stormwater is collected in curb & gutter draining to catch basins and pined
to a pond.

0

V. DEED RESTRICTIONS AND PROTECTIVE COVENANTS
Deed restrictions and protective covenants are required to be recorded for all low density projects and all
subdivisions prior to the sale of any lot. Please see Attachment A for the specific items that must be recorded
for the type of project applied for.
By your signature below, you certify that the recorded deed restrictions and protective covenants for this project
shall include all the items required by the permit, that the covenants will be binding on all parties and persons
claiming under them, that they will run with the land, that the covenant cannot be changed or deleted without
concurrence from the State, and that they will be recorded prior to the sale of any lot.
VI. OWNER'S CERTIFICATION
I Fd' Hill certify that the information included on this permit
(Please print clearly or type)
application form is correct, that the project will be constructed in conformance with the approved plans, that
the deed restrictions will be recorded with all required permit conditions, and that to the best of my knowledge,
the proposed project complies With the requirements of 15A NCAC 2H.1000.
I authorize the below n ed person or firm to submit stormwater plans on my behalf.
Owner/Authorised Agent Signature and Title Date Z- S — 9 6
Ed Hill, President, Hill & Williams Construction Co.
VII. AGENT AUTHORIZATION (Please fill in the name of the engineer/surveyor authorized to submit plans on the nwner's behalf.)
Person or firm name J. Ward Andrews P. E.
Mailing Address P. 0. Box 4423
City Wilmington State N. C. Zip 28406 Phone [phone]
Please submit application, fee, plans and calculations to the appropriate Regional Office.
cc: Applicant/WiRO//Central Files
Office use only
TORMWATER
E C E I V E
FEB
12 1998
PROJ

POND MArfrENANCE REQUUUMENTS
Project Name:
Respoasible Party:
Forest Grove Townhomes
�;d Hill
Phooe No. 910- 791- 28 5 a
Adder: 115-3 Hinton Avenue, Wilmington, N. C. 28403
I. Monthly, or after every runoff producing rainfall event, whichever comes First:
A. Inspect the trash rack; remove accumulated debris, repair/replace if it is not functioning.
B. Inspect and clear the orifice of any obstructions. If a pump is used as the drawdown
mechanism, pump operation will be checked. A log of test runs of the pump will be kept
on site and made available to DEM personnel upon request.
C. Inspect the pond side slopes and grassed inlet swales; remove trash, and repair eroded
areas before the next rainfall event.
D. If the pond is operated with a vegetated filter, the filter will be checked for sediment
accumulation, trash accumulation, erosion and proper operation of the flow spreader
mechanism. Repairs/cleaning will be done as necessary.
H. Quarterly:
A. Inspect the collection system (ie. catch .basins, piping, grassed swales) for proper
fuuction.ing. Accumulated trash will be cleared from basin grates, basin bottoms, and
piping will be checked for obstructions and cleared as required.
B. Pond inlet pipes will be checked for undercutting, riprap or other energy dissipation
structures will be replaced, and broken pipes will be repaired.
M. Semi-annually:
A. Accumulated sediment from the bottom of the outlet structure will be removed.
B. The pond depth will be checked at various points. If depth is reduced to 75 % of original
design depth or 3 feet whichever is greater, sediment will be removed to at least the
original design depth. D-�-54yn c4--p-h + S
C. Grassed swales, including the vegetated filter if applicable, will be reseeded twice a year
as necessary.
STORMWATER
E C E l V E
FEB 121998
PROJ # nCk) (:V$oZ20

IV. ceneml:
A. Mowing of the side slopes will be accomplished according to the season. Maximum grass
height will be 6'.
B. Cattails a= encouraged along the pond perimeter, however they will be removed when they
COW more than 1/2 the surface area of the pond.
C. The oriftceJpump is designed to draw down the pond in 2-5 days. if drawdown is not
accomplished in that time, the. system will be checked for clogging. The source of the
clogging will be found and eliminated.
D. All components of the detention pond system will be kept in good working order. Repair
or replacement components will meet the origins] design specifications as per the approved
stormwater plan. if previously approved components are deternuned to be ineffective, the
component must be redesigned and/or replaced.
V. Special Requirements:
1, Ed Hill.
, hereby acknowledge that I am the financially
responsible party for maintenance of this detention pond. I wail perform the maintenance as outlined
above, as pan of the Certification of C mpliance with Stormwater Regulations received for thus project.
Signature: We: 2- `
E1 Hill, President, Hill & Williams Constr. Co.
I, , a Notary Public for the State of ,
county of , do bcrrby certify that
personally appeared before me this day of , 19 , and acknowledge the
due execution of the foregoing instrument. Witness my hand and official seal,
My coma issioa expires
DAJarl: S:IWQSISTORMWATIFORMSIO&M-POND.FOR

7Fi[c([:
OSi D: 0394163
Da2/28/2013 12:34:00 PM
CD-479(39) Business Corporation Annual Rep aine F. ftlarshall
12-6.11 Noolinn Secretary of State
2013 059 00020
Name of Business Corporation: HILL CONSTRUCTION CORPORATION
Secretary of State ID: 0394163 State of Formation'. SC Fiscal Year Ending: 09 30 12
0 1 hereby certify that an annual report completed in its entirety has been submitted and the information requested below (required by
NCGS 55-16-22) has not changed and is therefore complete.
Section A: Registered Agent's In armation
1. Name of Registered Agent. CT CORPORATION SYSTEM
2. Signalure of the Now Registered Agent
3. Registered Office Street Address & County
150 FAYETTEVILLE ST., BOX 1011
RALEIGH NC 27601
Section 8: Principal Offive Information
(Signature ConaritUtaa consent to the appolntment)
4. Registered Office Mailing Address
150 FAYETTEVILLE ST., BOX 1011
RALEIGH, NC 27601
1. Description of Nature of Business: GENERAL CONTRACTOR
2. Principal Office Phone Number: 8 4 3— 8 8 4— 6 8 8 8 3. Principal office Email:
4. Principal Office Street Address & County 5. Principal Office Mailing Address
295 SEVEN FARMS DRIVE, SUITE 301 295 SEVEN FARMS DRIVE, SUITE 301
CHARLESTON SC 29492 BERKELEY CHARLESTON, SC 29492
Section C: DOicera (Enter additional Officers in Section E.)
Name: EDWIN B. HILL, III Name; ROBERT E. DUNN, JR Name:
Title: PRESIDENT
Title: VICE PRESIDENT Title:
Address: Address: ADDRESS:
PO BOX 71165 PO BOX 71165
CHARLESTON, SC 29415 CHARLESTON, SC 29415
Section D: Certification of Annual Report Section D must be completed in its entirety by a person/business entity.
Print or
7i iv i 7i
pate
V I&TO
PRESIDENT
Title
189511 01-11-12
i' '