SW8020709_COMPLIANCE_20110414

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

Compliance Inspection Report
Permit: SW8020709 Effective: 04/03/03 Expiration: 04/03/13 Owner: Leber Corporation
Project: The Preserve
County: New Hanover Wridemere Subdivision
Region: Wilmington
Wilmington NC 28402
Contact Person: Todd Leber Title: Treasurer Phone: [phone]
Directions to Project:
from the intersection of US Hwy 17 and US Hwy 74, travel approx. 1,1 miles East on Hwy 74. Turn left onto Bretonshire Road. Site is
located at end of road.
Type of Project: State Stormwater - HD - Detention Pond
Drain Areas: 1 -(Bradley Creek) (03-06-24 ) ( SC;HQW:#)
On -Site Representative(s):
Related Permits:
Inspection Date: 04114/2011 Entry Time: 11:45 AM
Primary Inspector: Angela K Hammers
Secondary Inspector(s):
Reason for Inspection: Follow-up
Permit Inspection Type: State Stormwater
Facility Status: ❑ Compliant ■ Not Compliant
Question Areas:
E State Stormwater
(See attachment summary)
Exit Time: 12:15 PM
Phone: [phone]
Ext.7317
Inspection Type: Compliance Evaluation
Page: 1

Permit: SW8020709 Owner - Project: Leber Corporation
Inspection Date: 04/14/2011 Inspection Type: Compliance Evaluation Reason for Visit: Follow-up
Inspection Summary:
The following deficiencies were noted during the inspection:
1. A PE was not found in the file.
2. The north pond slope has severe erosion and the west pond slope has sparse vegetation and some erosion.
To bring this system into compliance, the following must be completed:
1. Submit a designers certification of the stormwater system to DWQ.
2. Repair all eroded pond slopes and re -vegetate with permanent vegetation.
Note: Permit conditions (III. General Conditions, No. 2&3) state that in the event of an ownership change, a request form
must be submitted to DWQ. The project must be in good standing with DWQ prior to acceptance of the request. The
permittee is responsible for compliance with the terms and conditions of this permit until the request is accepted.
File Review
Is the permit active?
Signed copy of the Engineer's certification is in the file?
Signed copy of the Operation & Maintenance Agreement is in the file?
Copy of the recorded deed restrictions is in the file?
Comment: A PE certification was not found in the file.
Operation and Maintenance
Are the SW measures being maintained and operated as per the permit requirements?
Yes No NA NE
0111111
❑ ■ ❑ ❑
■ ❑ ❑ ❑
■ ❑ ❑ ❑
V.. u� ue u=
❑ ■ ❑ ❑
Are the SW BMP inspection and maintenance records complete and available for review or provided to DWQ ❑ ❑ ❑ ■
upon request?
Comment: Pond slope on the north end (forebay) of the pond has severly eroded. It
was observed that the house adjacent has installed a rainbarrel, The west pond slope
has sparse vegetation and minor erosion.
Page: 2

Compliance Inspection Report
Permit: SW8020709 Effective: 04/03/03 Expiration: 04/03/13 Owner: Leber Corporation
Project: The Preserve
County: New Hanover Windemere Subdivision
Region: Wilmington
Wilmington NC 28402
Contact Person: Todd Leber Title: Treasurer Phone. [phone]
Directions to Project:
from the intersection of US Hwy 17 and US Hwy 74, travel approx. 1.1 miles East on Hwy 74. Turn left onto Bretonshire Road. Site is
located at end of road.
Type of Project: State Stormwater - HD - Detention Pond
Drain Areas: 1 - (Bradley -Creek) (03-06-24 ) ( SC;HQW:#)
On -Site Representative(s):
Related Permits:
Inspection Date: 10111/2010 Entry Time: 09:00 AM
Primary Inspector: Angela K Hammers .
Secondary Inspector(s):
Reason for Inspection: Complaint
Permit Inspection Type: Slate Stormwater
Facility Status: Q Compliant ■ Not Compliant
Question Areas:
■ State Stormwater
(See attachment summary)
Exit Time: 09:30 AM
Phone: [phone]
Ext.7317
Inspection Type: Compliance Evaluation
Page: 1

Permit: SW8020709 Owner - Project: Leber Corporation
Inspection Date: 10/11/2010 inspection Type: Compliance Evaluation Reason for Visit: Complaint
Inspection Summary:
The following deficiencies were noted during the inspection:
1. An engineers' certification of the stormwater system was not found in the file.
2. The outlet was clogged and debris had accumulated at the outlet structure.
3. The bank at the north end (forebay) of the pond has severely eroded.
To bring this system into compliance, the following must be completed:
1. Submit an engineers' certification of the stormwater system to this office.
2. Perform debris removal and unclogging of structures, orifice, catch basins and piping.
3. Repair eroded areas immediately and re-grade/re-vegetate pond slope.
4. Install an inspection schedule to maintain all components of the stormwater system in good working order.
File Review
Is the permit active?
Signed copy of the Engineers certification is in the file?
Signed copy of the Operation & Maintenance Agreement is in the file?
Copy of the recorded deed restrictions is in the file?
Comment: It has been noted in the file that the engineers certification is required for
this project in a 10/14/2005 DWQ email. To date, no copy of an engineer's certification
is found in the file. Deed restrictions were downloaded by DWQ personnel on
10/19/2005.
Operation and Maintenance
Are the SW measures being maintained and operated as per the permit requirements?
V.. Nn NA NF
Vac NA NA NF
❑■Dn
Are the SW BMP inspection and maintenance records complete and available for review or provided to DWQ ❑ ❑ ❑ ■
upon request?
Comment: The outlet structure was clogged. The pond slope on the north end
(forebay) has severly eroded. Other areas were not visible due to the high water in the
pond.
Page: 2

���
NCDENR
North Carolina Department of Environment and Natural Resources
Beverly Eaves Perdue
Governor
December 1, 2010
Mr. Todd Leber
5232 Greenville Loop Rd.
Wilmington, NC 28409
Division of Water Quality
Coleen H. Sullins
Director
Subject: Certified Mail #7008 1140 0002 9558 9353
Notice of Violation
The Preserve, Stormwater Project No: SW8 020709
Dear Mr. Leber. -
Dee Freeman
Secretary
Enclosed is the captioned certified mail that was returned by the post office due to
"unable to forward." As you can see, it was originally mailed to the address listed on the
permit, 7202 Farrington Farms Drive, Wilmington. We are forwarding to the new
address listed as the mailing address for TP, Inc. provided by the New Hanover County
phone book.
Sincerely,
Aw-r� Vou,�
Angela Hammers
Environmental Specialist
S:IWQSISTORMWATERINOTIC E1020709resend.decl 0
Wilmington Regional Office
127 Cardinal Drive Extension, Wilmington, North Carolina 28405 011C
Phone: [phone] FAX; 910-350-2004 V Customer Service: 1-877-623-6748 North Carolina
Internet: www.ncwaferquality.org
An Equal Opportunity 1 Affirmative Action Employer ������ r//

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North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins
Governor Director
November 16, 2010
CERTIFIED MAIL #7008 1140 0002 9558 9353
RETURN RECEIPT REQUESTED
Mr. Todd Leber, Vice President
T. Leber Corporation r�"
7202 Farrington Farms Drive -� Z 3 Z G ea_-+� ( e
Wilmington, NC 28411 5 ' ` L� Zd
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Subject: NOTICE OF VIOLATION, NOV-2010-PCZ1082
The Preserve
Stormwater Permit No. SW8 020709
New Hanover County
Dear Mr. Leber:
Dee Freeman
Secretary
On October 11, 2010, Wilmington Regional Office personnel performed a Compliance
Inspection of the subject project, located at the end of Bretonshire Road in Wilmington, New
Hanover County; North Carolina. The inspection was performed to determine the status of
compliance with Stormwater Permit Number SW8 020709, issued to you on August 3, 2003.
The project has been found in violation of Stormwater Permit Number SW8 020709, issued
pursuant to the requirements of 15A NCAC 2H.1000. The violations found are:
Failure tocertifV the stormwater s stem. A file review revealed that this office has not
received a Designers Certificate. A site inspection revealed a constructed asphalt road
and several homes built and inhabited.
Permit condition 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. Any deviations from the approved plans and specifications must be
noted on the Certification.
2. Failure to Maintain the Stormwater System. At all times, the permittee shall provide the
operation and maintenance necessary to assure the permitted stormwater system
' functions at optimum efficiency. It was observed that maintenance including debris
y removal, unclogging of the outlet structure and repair of bank erosion were not being
conducted. As stated in the permit, the approved Operation and Maintenance Plan must
be followed in its entirety and maintenance must occur at the scheduled intervals,
including, but not limited to:
a. Inspections.
b. Sediment Removal.
c. Mowing and re -vegetating of the side slopes.
d. Immediate repair of eroded areas
Wilmington Regiona4 Office
127 Cardinal Orive Extension, Wilmington, North Carolina 28405 One
Phone: [phone] FAX: [phone] Customer Service: 1-877-623-6748 North Carolina
Internet: www.ncwaterquality.org Nahirally
An Equal Oppatnnity 1Affirmalrve Action Emooyer

Mr. Todd Leber
The Preserve
Stormwater Permit No. SW8 020709
e. Maintenance of the side slopes in accordance with the approved plans and
specifications
f. Debris removal and unclogging of the outlet structure, orifice device and catch
basins and piping.
To correct this violation you must:
1. Provide a written "Plan of Action" which outlines the actions you will take to correct
the violation(s) and a time frame for completion of those actions, on or before
December 17, 2010.
2. Submit the required Designers Certificate.
3. Perform debris removal and unclogging of structures, orifice, catch basins and
piping. Repair eroded areas immediately and re-grade/re-vegetate pond slope.
Failure to provide the "Plan of Action" by December 17, 2010, or to correct the violations by the
date designated in the "Plan of Action", are considered violations of 15A NCAC 2H.1000, and
may result in the initiation of enforcement action which may include recommendations for the
assessment of civil penalties, pursuant to NCGS 143-215.6A.
If you have any questions concerning this matter, please call Angela Hammers at 910-796-7215
or email at [e-mail].
Sincerely,
Georgette Scott
Stormwater Supervisor.
Division of Water Quality
GDSlakh: S:1WQSISTORMWATERINOTICE1020709.nov10
cc: Phil Tripp, PE (Tripp Engineering)
New Hanover County Engineering
John Hennessey
Angela Hammers
Georgette Scott
WiRO
or -
I
Page 2 of 4

Mr. Todd Leber
The Preserve
Stormwater Permit No. SW8 020709
Designer's Certification
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 3 of4

Mr. Todd Leber
The Preserve
Stormwater Permit No. SW8 020709
Certification Requirements: 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 Engineering Dept.
A
Page 4 of 4

RE: The Preserve SW8 020709
' Subject: RE: The Preserve SW8 020709
From: "Todd Leber" <[e-mail]>
Date: Wed, 11 Jun 2008 12:38:26 -0400
To: "'Linda Lewis"' <][e-mail]>
Thank you for the note. We are in the process of turning the hoa assoc.
over from "t. leber core" (as the declarant) to the preserve hoa. The
president elect has the documents in his possession and together we met
with phil trip (engineer) and got verbal approval of the pond but were
informed that we had to fill out document and submit it to you. I had
been wondering if president elect (jim) had contacted you yet on this
issue. Seems he hasn't. anyway, like I said, thanks for the update and
I will get right on this.
Todd leber
-----Original message -----
From: Linda Lewis [mailto:[e-mail]]
Sent: Tuesday, June 10, 2008 5:27 PM
To: Todd Leber
Subject: The Preserve SW8 020709
Todd:
The Division is in the process of closing out project files for those
projects that have remained stagnant for a while.
Back in October, 2005, we exchanged emails regarding the need for
accurate deed restriction language and the need for a Designer's
Certification for the wet pond permitted for The Preserve, located in at
the end of Bretonshire Road. To date, the Division has not received any
of the requested documentation, nor have we received a request to
transfer the permit. Please remember that as the permittee of record,
you are responsible for permit compliance, including pond maintenance,
until such time as the Division approves a request to transfer the
permit.
Please advise as to when we can expect to see an amended copy of the
recorded deed restrictions, per the language in the permit, and a copy
of the Designer's Certification.
Thank you in advance for your prompt attention to this matter.
Linda
1 of 1 6/12/2008 4:43 PM

The Preserve SW8 020709
\t
Subject: The Preserve SW8 020709
From: Linda Lewis <[e-mail]>
Date: Tue, 10 Jun 2008 17:27:01 -0400
To: Todd Leber <[e-mail]>
Todd:
The Division is in the process of closing out project files for those projects that
have remained stagnant for a while.
Back in October, 2005, we exchanged emails regarding the need for accurate deed
restriction language and the need for a Designer's Certification for the wet pond
permitted for The Preserve, located in at the end of Bretonshire Road. To date, the
Division has not received any of the requested documentation, nor have we received
a request to transfer the permit. Please remember that as the permittee of record,
you are responsible for permit compliance, including pond maintenance, until such
time as the Division approves a request to transfer the permit.
Please advise as to when we can expect to see an amended copy of the recorded deed
restrictions, per the language in the permit, and a copy of the Designer's
Certification.
Thank you in advance for your prompt attention to this matter.
Linda
1 of 1 6/10/2008 5:27 PM

Re: Fence
Subject: Re: Fence
From: Linda Lewis <[e-mail]>
Date: Tue, 26 Jun 2007 l 7:06:35 -0400
To: Todd Leber <[e-mail]>
CC: Charles Cazier <char][e-mail]>
Todd:
The Preserve was permitted unde Sw8 020709 copy attached).
The database indicates that neither the recorded deed restrictions nor the
designer's certification has been submitted. These items are required to be
submitted in order for you to be in compliance with your permit.
we don't do "final" inspections. The project has already been reviewed and
permitted. Unless you are changing something that requires the permit to be
rewritten, we don't need to approve it again, nor do we need to approve routine
maintenance and repair work as long as it is maintained and repaired to the
permitted design condition. Upon completion of the routine maintenance to restore
the system to design condition, your consultant will check out the pond and submit
the designer's certification which verifies to the Division that the pond was built
in substantial conformance with the permit. Once you submit both the designer's
certification and the recorded deed restrictions, verbatim the permit, then ycu're
in compliance. You will not receive any notification from us that these items have
been received unless something is incorrect or missing from the submittal.
If you wish to transfer the permit to the HOA, we'll need all the above
documentation plus an operation and maintenance plan signed by the president or
vice president of the HOA and a name/ownership change form signed by both you and
the president or vice president of the HOA. You can't transfer the permit until
either 50% of the lots are sold or you no longer hold a majority vote in the HOA.
If you want to transfer the permit prior to either of these events, you will be
required to post a bond of a sufficient amount to cover the cost of constructing
the permitted system. Additionally, the permit cannot be transferred to the HOA if
you or a family member, business associate or close friend are the named president
or if you or a family member, business associate or close friend sign the
documentation on behalf of the HOA.
Let me know if you need either a name/ownership change form or a blank operation
and maintenance plan.
Our timeframe to process a transfer of
permit, or up to 90 days from receipt
all of the necessary documentation.
Linda
ownership is similar to the review of a new
of a "complete" request, which would include
Todd Leber wrote:
This is the "Preserve" subdivision that is located just behind the
Mayfair "parkside" development.
-----Original Message -----
From: Linda Lewis [mailto:
June 26, 2007 12:10 PM
To: Todd Leber
Subject: Re: Fence
Todd:
[e-mail]] Sent: Tuesday,
l of 3 6/27/2007 8:44 AM

Re: Fence
s
what project are we talking about?
Linda
Todd Leber wrote:
are
Linda.
I am making the proper repairs to the pond this
week in order to get
official approval. I will be getting Charlie from
trip engineers to
the inspection. Just wondering how the process of
getting you to
approve it on your end works, how long it takes,
scheduling it etc.
Also I vaguely remember you saying something about
the regulations of
the developer being involved with the newly formed
HOA after the point
in which the pond and maintenance of it are
transferred. Do you
recall
I
saying that?
Thanks Todd.
-----Original Message -----
From: Linda Lewis [mailto:[e-mail]]
Sent: Tuesday, June 19, 2007 11:03 AM
To: Todd Leber
Subject: Fence
Todd:
The state stormwater permit does not require a
fence around the pond.
2 of 3 6/27/2007 9:44 A'

Re: Fence
think that ,may be a requirement for projects in the
City, but at the very least, your insurance company
may be the controlling interest in that regard.
If the pond already has an approved state
stormwater permit, you do
not
need to get any approval from the Division to
perform routine maintenance. If you want to obtain
a SW permit for an unpermitted
pond,
please complete the application process and submit
all the necessary forms, fee, documents, plans and
calculations as if it were a new
project.
Linda
Content -Type: application/octet-stream
020709.apr03.wpd
Content -Encoding: base64
3 of 3
6/27/2007 8:44 AM

Ctik,4"� (L�M- Sw)
3L-t3-u�-4-

Re: retention pond at the "preserve"
Subject: Re: retention pond at the "preserve"
From: Linda Lewis <[e-mail]>
Date: Fri, 14 Oct 2005 14:07:17 -0400
To: Todd Leber <[e-mail]>
CC: Phil Tripp <[e-mail]>
Todd:
For this project, you are correct in that you still owe us a few items, namely a
copy of the recorded deed restrictions and the designer's certification. It would
be best if we met to discuss the turnover procedure. Since the covenants you want
to add or tweak are related to the collection of stormwater on the lots, then by
all means, we need to see and approve them before you record them.
There is no law or regulation that I am aware of that requires the ponds to have
"final approval" prior to selling lots. What "final approval" are you referring to?
The State does not do final inspections nor do we issue "final approvals". The
State does not have the equipment necessary to make that determination. I consider
a project to have "final" approval when a qualified designer certifies to the State
(and to you) that the pond has been built in compliance with the permit. However
as the permittee, you are responsible for maintaining the system in good working
condition until such time as you turn it over. You must go through the Division to
transfer the permit. The SW permit has conditions prohibiting the sale of lots
prior to recording the deed restrictions. Additionally, no built -upon area can be
constructed until the permits are in place and the approved stormwater system is
constructed.
The turnover process starts off with an inspection of the facilities with all
parties present, including DENR, permittee, HOA, consultant, and anyone else the
parties would like to have present. I try to keep the attorneys out of it unless
legal issues arise during the initial inspection that cannot be resolved. Any
problems identified during the inspection must be addressed by the permittee, or
agreed to between the permittee and the HOA. Once the Division is notified that the
problems have been addressed, a second inspection is scheduled. At the end of that
inspection, if all is well, the paperwork to transfer the permit must be signed by
the HOA. The Division will not allow the HOA to take over a permit that is not in
compliance, unless they choose to do so, and agree to fix the problems. Likewise,
the Division will not allow the HOA to hold the developer hostage by insisting that
issues unrelated to the stormwater permit be addressed prior to signing the
paperwork. For example, complaints about a broken mailbox post, flooding, poor
drainage, or a bad paint job in their living room, may not be considered in the
transfer of the permit. If the system is in compliance, they must take over the
permit.
My schedule is a little iffy at the moment. Do you have any time on Wednesday the
19th or Thursday the 20the of next week to meet?
Linda
Todd Leber wrote:
Hey Linda, the storm water project # for "our" preserve is SW8 020709.
The storm water covenants that will be tweaked are such that they will
be a little more specific in how storm water should be directed from the
back of lots to the front (thru swales basically) but there is wordage
within the covenants that DO say that if they are altered there must
first be approval from the state. Also I was wondering if it is indeed
a state law or regulation that lots in any particular sub division NOT
be conveyed prior to the final approvals of any retention ponds in that
sub division. I would still like to meet with you briefly so that we
can go over some of the paper work that I have on file and make sure
everything is current, signed, etc, etc.
I o1*3 10/14/2005 2:07 PM

Re: retention pond at the "preserve"
4
Thank you
Todd Leber
-----Original Message.. -.-
From: Linda Lewis (mailto:[e-mail]] Sent: Thursday, October 13,
2005 5:35 PM
To: Todd Leber
Subject: Re: retention pond at the "preserve"
Mr. Leber:
I'm very sorry, but I have no record of receiving any messages from you in the
last month.
As far as "tweaking" the covenants goes, it is not for the Division to approve
covenants regarding flooding and drainage. As long as the proposed covenants do
not interfere with the required stormwater covenants, you should be OK, but if
you need for me to review the new covenants to make sure there are no confl=cts,
please feel free to send them to me. However, a 14" rain event in 48 hours s
going to cause flooding, regardless of what you put into your covenants. You
cannot economically design a drainage system to handle a hurricane.
I would appreciate it if you would reference your permit number on your
correspondence and emails. There are about 20 different "preserve" projects in
our database and I don't know which project you are referring to. I won't know
what paperwork you are missing until I know the permit number and can review the
file.
Thanks, Linda
Todd Leber wrote:
I Linda, I left a few messages for you concerning the retention pond and I
Istorm water runoff at the preserve. I think I may have some paper work
Ithat still needs to be completed and submitted concerning the preserve
Ior maybe not. I do know that we are yet to get final approval from our
engineer on the pond, which I tried to do this summer but got tied up with
other responsibilities. I also want to tweak the restrictive covenance for
our sub division concerning storm water runoff (basically make it more
specific in dealing with adjacent lot owners ... so that there isn't any
puddling). After our recent rain storm we had a few spots where there was
2 of 3 10/ 14/2005 2:07 PM

Re: retention pond at the "preserve"
some puddling so I wanted to address that issue and include it in the
conenences. I would like to schedule a meeting with you asap as I have planed
to meet with my lawyer to make changes and noticed that anything dealing with
storm water must first be cleared with you and the state. Please e-mail me
back or call me at 791-8623 as to when I can drop in and deal with these
issues in a quick and efficient manner,
Thanks, Todd Leber, t Leber Corporation
3 of3 10/14/2005 2:07 I'M

DEC-17-20 WED 10:57 AN NHC ENGINEERING
OVER ca
f°�xartw°
FAX NO. 1 910 798 7051
New Hainover County
Engineering Departmen
41.4 Chestnut Street
Wilmington, North Car
[phone]
P. 01
Post -it' Fax Note 7671
TO .�Aa _ 1 0 eu,k -(/r
IFax # 350 - �- e01 I
Beth Easley Wetherill, CPESC
Soil Erosion Specialist SEDIMENTATION INSPECTION REPORT
Project Grading Permit #:—
Project: ` )1 y (2 a o hp Project Location: Br24-0 r-t s
Person(s)Financially Responsible
Address: 1l�
1. Pictures: Yes S # Weather & Soil Conditions: S��
2. Is site currently under Notice of Violation: es No
3. Is the site in compliance with NHC Soil Erosion Sedimentation Control Ordinance? Yes Circle violations 1
4. Violations: (Circle letter)
(A) No approved plan. Failure to follow approved plan. (C) Failure to submit revised plan.
Failure to provide adequate ground cover. (E) Insufficient measures to retain sediment on site.
(Failure to take all reasonable measures. (G) Inadequate buffcr zone. (H) raded slopes &L fills too steep.
(I) Unprotected exposed slopes ZFailure to maintain erosion control measures. IC NPDES Problems (5
(L) Other (describe) rM w
5. Has off -site sedimentation occurred since last inspection? Yes o Degree: Slight Moderate Severe y►�
6. Contact made with Title:
Inspection report giv sent b - i, R►^� 1 Z�
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FAX NO. 1 910 798 7051 P. 02
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'Engineering Department
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. l DEC t 2003 !j414.Chestn.ut Street
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Beth Easley Wetherill, CPESC
Soil Erosion Specialist SEDIMENTATION INSPECTION REPORT
Project Grading Permit #: —
Project: _f-"-���- _^ Project Location: Rrp tUrisl'tcf rek
Person(s)Financially Responsible 1.4
Address:
1. Pictures: Yes S1 # Weather & Soil Conditions:_._ St�/WKV
2. Is site currently under Notice of Violation: es No
3. Is the site in compliance with NHC Soil Erosion Sedimentation Control Ordinance? Yes Circle violations is
4. Violations: (Circle letter)
(A) No approved plan. Failure to follow approved plan. (C) Failure to submit revised plan.
Failure to provide adequate ground cover. (E) Insufficient measures to retain sediment on site.
( Failure to take all reasonable measures. (G) Inadequate buffer zone. (H) raded slopes &- fills too steep,
(1) Unprotected exposed slopes. (J Failure to maintain erosion control measures. K NPDES Problems�—
(L) Other (describe) .rb M W
S. Has off -site sedimentation occurred since last inspection? Yes Vo Degree: Slight Moderate Severe ti
6. Contact made with Title:
Inspection report giv sent LAJ
7. Inspection Report sent to per on(s) responsible: CrJo
Corrective Actions Needed:
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i

OF WArFR Michael F. Easley, Governor
p William G. Ross Jr. Secretary
\O 0 North Carolina Department of Environment and Natural �esources
�—� Alan W. Klimek, P.E.,Director
.� Division of Water Quality
Coleen H. Sullins, Deputy Director
Division of Water Quality
October 13, 2003
Mr. Todd Leber, Vice President
T. Leber Corporation
7202 Farrington Farms Drive
Wilmington, NC 28411
NOTICE OF INSPECTION AND NON-COMPLIANCE
The Preserve
Stormwater Project No. SW8 020709
New Hanover County
Dear Mr. Leber:
Please find attached a copy of the completed form entitled "Stormwater Compliance
Inspection Report". The report summarizes the findings of a recent inspection of the
project's stormwater controls conducted on October 10, 2003, in response to a
complaint received through the City of Wilmington, and to determine the project's
compliance with Stormwater Permit Number SW8 020709 issued on April 3, 2003.
A summary of the findings and comments are noted under Section 4 of the report.
Please inform this Office in writing before November 13, 2003, of the specific actions
that will be undertaken and the time frame required to correct the deficiencies. Failure to
provide the requested information, when required, may initiate enforcement action. If
you have any questions please contact me at the Wilmington Regional Office, telephone
number [phone].
Sincerely,
A
Linda Lewis
Environmental Engineer
RSS/arl: S:IWQSISTORMWATIINSPECT1020709.oct03
cc: Phil Tripp, P.E.
Wilmington Regional Office
N. C. Division of Water Quality 127 Cardinal Drive Extension [phone] Customer Service ASA
Wilmington Regional office Wilmington, NC 28405 [phone] Fax [phone] NCDENR

STORMWATER COMPLIANCE INSPECTION REPORT
1. Project Name:
Project Number:
The Preserve
SW 8 020709
Water Body: Bradley Creek
Control Measure
Classification
Wet Detention Pond
SC HQW #
Directions to site, address: from Eastwood Road, turn northeast onto Bretonshire,
and go until it ends, then turn left onto Beckenham. Entrance to project is
immediately on the right.
2. Inspection Date: October 10, 2003
Weather Conditions: Cool & rainy. Flood conditions.
3.. Compliance Issues:
Y N
®❑ The drainage area (including offsite) and built -upon area to the permitted
system are per the approved plan. No unpermitted offsite drainage enters
the system.
®❑ The inlets and outlet structure are located per the approved plans and do
not cause short-circuiting.
❑ ® All slopes are grassed with permanent vegetation and are not eroding.
®❑ Vegetated slopes are no steeper than 3:1.
®❑ The approximate amount of permitted surface area has been provided.
(Must be verified via as -built survey or designer's certification.)
®❑ All required parts of the system are provided, such as a vegetated shelf,
and a forebay.
The designer's certification has been submitted.
The required deed restrictions are correctly recorded and submitted.
4. Required Actions: (Each deficiency is explained below and what needs to be
done to bring the system back into compliance)
a. The slopes of the pond need more grass. Severe erosion is visible in the
corners of the pond. Please provide additional seeding or sod, and repair
the eroded areas.
b. Please submit a copy of the recorded deed restrictions. The board outside
the project indicated that several of the lots have been sold. The deed
restrictions must be in place and recorded prior to the sale of any lot.
C. Upon completion of the pond, ( not necessarily the entire subdivision), a
partial certification should be submitted to indicate that the pond itself is
built within substantial compliance and intent of the permit. Upon the
completion of the subdivision, a -final certification can be submitted which
attests to the built -upon area and the drainage area
Inspector: Linda LewisI�`-�
Water Quality/Wilmington Regional Office/[phone]
RSS/arl: S:IWQSISTORMWA-RINSPECT1020709.oct03

NEW HANOVER COUNTY
Engineering Department
230 Market Place Drive, Suite 160
Wilmington, North Carolina 28403
TELEPHONE [phone]
Beth Easley Wetherill, C.P.E.S.C.
Soil Erosion Specialist
October 13, 2003
Mr. Todd Leber
Leber Corporation
7202 Farrington Farms Drive
Wilmington, North Carolina 28409
CERTIFIED
RE: Notice of Violation of Land Disturbine Activi
i nC 2�i 1
�...
Gradin Permit GP# 33-02 - The Preserve
Location/Description of Violation(s): You have failed to maintain several erosion control
measures on site, not completed the ponds outlet structure in a timely mariner and done work
outside the limits of disturbance in two (2) ditches adjacent to your project.
Dear Mr. Leber:
This letter constitutes Notice of Violation of Section 23-2480), Section 23-248(1), Section
23-243, Section 23-243.5, Section 23-244, Section 23-248(b), Section 23-248(e), Section 23-
236(a)(1), Section 23-236(a)(2), Section 23-236(a)(5), Section 23-237(2), Section 23-235(b),
Section 23-235(c), Section 23-250(b), Section 23-251(a)(1), Section 23-251(a)(2), Section 23-
251(b) and Section 23-252(a), Section 23-252(b) of the New Hanover County's Soil Erosion and
Sedimentation Control Ordinance.
Section 23-248 Erosion and Sedimentation Control Plans states:
(j) Any person engaged in land disturbing activity who fails to file a plan in accordance
with the ordinance or who conducts a_land disturbing activity except in accordance with
provisions of an approved plan shall he deemed in violation of this article.
Section 23-248 Erosion and Sedimentation Control Plans states:
Applications for amendment of an erosion control plan in written and/or graphic form
may be made at any time under the same conditions as the original application. Until such
time as said amendment is approved by the County, the land disturbing activity shall not
roceed except in accordance with the erosion control plan as originally approved.

Page Two
Section 23-243 Responsibility for Maintenance states:
During the development of a site the erson conducting the land disturbing activity shall
install and/or maintain all temporary and permanent erosion and sedimentation control
measures as required by the approved plan or any provision of this article, the act, or any
order adopted pursuant to this article or the act. After site development, the land owner or
person in possession or control of the land shall install and/or maintain all necessary
permanent erosion and sediment control measures, except those measures installed within
a load or street rig] -it -of -way or easement accepted for rnaintellance by a governmental
agency.
Section 23-243.5 Restoration of areas affected by failure to comely states:
The County may require a person who engaged in a land disturbing activity and failed to
retain sediment generated by the activity, as required by G.S. 113A-57(3), to restore the
waters and land affected by the failure so as to minimize the detrimental effects of the
resulting pollution by sedimentation. This authority is in addition to any other civil or
criminal penalty or injunctive relief authorized under this article.
Section 23-244 Additional Measures states:
Whenever the County determines that significant sedimentation is occurring as a result of
land disturbing activity, despite application and maintenance of protective practices, the
person conducting the land disturbing activity will be required to and shall take additional
protective action.
Section 23-248 Erosion and Sedimentation Control Plans states:
(b) Persons conducting land disturbing activity on a tract which covers one or more acres
shall file three copies of the erosion control plan with the County at least 30 days prior to
beginning such activity and shall keep another copy of the approved plan and a posted copy
of the permit at the job entrance on the job site before construction begins. After approving
the plan, if the. County either upon review of such plan or on. inspection of the iob_site,
determines that a significant risk of accelerated erosion or offsite sedimentation exists, the
Coun . will require a revised plan. Pending the preparation of the revised plan, work shall
cease or shall continue outlined by the appropriate authority.
Section 23-248 Erosion and Sedimentation Control Plans states:
(e) The County will review each complete plan submitted to them and within 30 days of
receipt thereof will notify the person submitting the plan that it has been approved, approved
with modifications, approved with performance reservations, or disapproved. The County
shall condition approval of an erosion control plan upon the „applicants compliance with
Federal and State Water Quality laws, regulations, and rules. The County shall also
disapprove an erosion control plan if implementation of the plan would result in a violation

Page Three
of rules adopted by the Environmental Management Commission to protect riparian buffers
along surface waters. Failure to approve, approve with modifications, or disapprove a
complete erosion and sedimentation control plan within 30 days of receipt shall be deemed
approval. Disapproval of an erosion control plan or a revised erosion control plan must
specifically state in writing the reasons for disapproval. The County must approve, approve
with modifications, or disapprove a revised plan within 15 days of receipt, or it is deemed
to be approved. If, following commencement of a_land disturbingactivitypursuant to an
approved plan, the County determines that the plan is inadequate to meet the requirements
of this article the Coun may -require anyrevision that is necessary to comply with this
aLtlele, L 'Al1ULG 'to approve, approve 'vditu iiiouiuca[wiis, or disapprove a ri.'riseu erv�ivia
control plan within 15 days of receipt will be deemed approval of this plan. The County may
establish an expiration date for erosion control plans approved under this article.
Section 23-236 Basic Control Objectives states:
(a)(1) Identify critical areas. On -site areas which are subject to severe erosion, and off -
site areas which are especially vulnerable to damage from erosion and/or sedimentation are
to be identified and receive special attention.
Section 23-236 Basic Control Objectives states:
(a)(2) Limit Time of Exposure. All land disturbing activity is to be planned and conducted
to limit exposure to the shortest feasible time.
Section 23-236 Basic Control Objectives states:
(a)(5) Control Sedimentation. All land disturbing activity is to be planned and conducted
so as to prevent off -site sedimentation damage.
Section 23-237 Mandatory Standards for Land Disturbing Activity states:
(2) Graded Slopes and Fills. The angle for graded slopes and fills shall be no greater than
the angle, from zero to nineteen degrees, which can be retained by vegetative cover or other
adequate erosion control devices or structures. Only when approved by the county may
slopes be steeper than two foot of run to one foot of rise. In any event, slopes left exposed
will, within 15 working days or 30 calendar days, whichever is shorter, of completion of any
phase of grading, be planted or otherwise provided with ground cover, devices, or structures
sufficient to restrain erosion.
Section 23-235 General Requirements states:
(b) Protection of Property. Persons conducting land disturbing activity shall take all
reasonable measures to protect all public and private property from damage caused by such
activity.

Page Four
Section 23-235 General Requirements states:
(c) More restrictive rules shall apply. Whenever conflicts exist between federal, state or
local laws, ordinances or rules, the more restrictive provision shall apply.
Section 23-250(b) Inspections and Investigations states:
(b) If through inspection it is determined that a person engaged in land disturbing activity
has failed to comply with the act, this article or rules or orders adopted or issued pursuant
to this article, or has failed to comply with an approved plan, a Notice of Violation shall be
served upon that person by registered or certified mail or other means reasonably calculated
to give actual notice. The notice shall set forth the measures necessary to achieve
compliance with the plan, specify a reasonable time period within which such measures must
be completed, and warn that failure to correct the violation within the time period will result
in additional civil and criminal penalties for a continuing violation. However, no time
period for compliance need be given for failure to submit an erosion control plan for
approval or for obstructing, hampering or interfering with an authorized representative while
in the process of carrying out his official duties. If the person engaged in land disturbing
activity fails to comply within the time specified, enforcement action shall be initiated.
Section 23-251 Penalties states:
(a)(1) Civil Penalties. Any person who violates any of the provisions of this article, or rules
or orders adopted or issued pursuant to this article, or order adopted or issued pursuant to
this article by the commission, or who initiates or continues a land disturbing activity for
which an erosion control plan is required except in accordance with the terms, conditions,
and provisions of an approved plan, shall be subject to a civil penalty. The maximum civil
penalty for a violation is $5,000.00 per calendar day. A civil penalty may be assessed from
the date of violation. Each day of a continuing violation shall constitute a separate violation.
The person alleged to be in violation will be notified of the violation by registered or
certified mail, return receipt requested, or other means reasonably calculated to give actual
notice. The notice shall describe the violation with reasonable particularity, specify a
reasonable time period within which the violation must be corrected, and warn that failure
to correct the violation within the time period will result in the assessment of a civil penalty
or other enforcement action. If, after the allotted time period has expired, the violator has
not completed corrective action, a civil penalty may be assessed from the date of the notice
of violation. However, no time period for compliance need be given for failure to submit
an erosion control plan for approval or for obstructing, hampering or interfering with an
authorized representative while in the process of carrying out his official duties. Each day
of continuing violation shall constitute a separate violation.

Page Five
Section 23-251 Penalties states:
(a)(2) Civil Penalties. The County Manager or his designee, shall determine the amount of
the civil penalty to be assessed under this subsection and shall notify the person who is
assessed the civil penalty of the amount of the penalty and the reason for assessing the
penalty. In determining the amount of the penalty the County Manager or his designee shall
consider the degree and extent of harm caused by the violation and the cost of rectifying the
damage, the amount of money the violator saved by noncompliance, whether the violation
was committed willfully, and the prior record of the violator in complying or failing to
comply with this article and shall direct the violator to either pay the assessment or contest
the assessment within 30 days after the receipt of the notice of assessment, by written
demand for a hearing before the Board of County Commissioners. Notice of the assessment
shall be by registered or certified mail or other means reasonably calculated to give actual
notice.
Section 23-251 Penalties states:
(b) Criminal Penalties. Any person who knowingly or willfully violates any provision of
this article, or rule or order adopted or issued pursuant to this article, or who knowingly or
willfully initiates or continues a land disturbing activity for which an erosion control plan
is required except in accordance with terms, conditions, and provisions or an approved plan,
shall be guilty of a Class 2 misdemeanor which may include a fine not to exceed $5,000.00
per calendar day.
Section 23-252(a) Injunctive Relief states,
Whenever.the governing body has reasonable cause to believe that any person is violating
or threatening to violate this article or any rule or order adopted or issued pursuant to this
article, or any term, condition, or provision of an approved erosion control plan, it may,
either before or after the institution of any other action or proceeding authorized by this
article, institute a civil action in the name of the county, for injunctive relief to restrain the
violation or threatened violation. The action shall be brought in the superior court of the
county.
Section 23-252(b) Injunctive Relief states:
Upon determination by a court that an alleged violation is occurring or is threatened, it shall
enter such orders or judgments as are necessary to abate the violation to ensure that
restoration is performed, or to prevent the threatened violation. The institution of an action
for injunctive relief under this section shall not relieve any party to such proceedings from
any civil or criminal penalty prescribed for violations of this article.

Page Six
Corrective measure(s) needed: Immediately stop pumping sediment laden water off site, filter
the water flowing into your outlet pipe and off site in both ditches that have been disturbed. Install
rock on your construction entrance and repair your silt fences within one 1 working day of receipt
of this notice. Slope and stabilize all the ditch slopes disturbed within five (5) working days of
receipt of this notice. Submit revised plans showing all the work outside the limits of disturbance
and the work outside the limits of disturbance and the berm adjacent to Beckenham Road within 15
days.
You can contact Beth Easley Wetherill, Erosion Control Specialist, Engineering Department,
230 Market Place Drive, Suite 160, Wilmington, North Carolina 28403, [phone], regarding
the required compliance action.
Sincerely,
&jt�' �_ W dLA
Beth Easley Wetherill
Soil Erosion Specialist
New Hanover County
cc: Dave Weaver, Assistant County Manager
Wyatt E. Blanchard, P.E., County Engineer
Kemp Burpeau, Deputy County Attorney
Kent Harrell, City Planning
.Tim Quinn, City Stormwater
Bill Penny, City Engineering
Linda Lewis, DENR Stormwater
Angie Pennock, US Army Corps of Engineers
Jimmy Walker, Elite Construction
Mark Boyer, NHC Public Information

DETENTION POND ANALYSIS FILE NAME: G:IDATAIWPDATAIWQSIPOND1020709.WK1
PROJECT #: SW8 020709 REVIEWER: L. Lewis
PROJECT NAME: The Preserve
DATE:
14-Mar-03
Receiving Stream: Bradley Creek
Class:
SC HQW #
Drainage Basin: Cape Fear
Index No.
18-87-24-4-(1)
Site Area 4.46
acres
Drainage Area
194278 0.
square feet
Area =
4.46 acres
IMPERVIOUS AREAS
Rational C
Lots 10 @4500 each
45000.00
square feet
1.00
Street
16851.00
square feet
1.00
SW
3022.00
square feet
1.00
square feet
1.00
square feet
square feet
TOTAL
648-7 00.`
square feet
Rational Cc= 0.47
SURFACE AREA CALCULATION
% IMPERVIOUS 33.39%
Des. Depth 5
TSS: 90
SA/DA Ratio 2.40%
Req. SA 4669 sf
Prov. SA T. 81QI3': sf
VOLUME CALCULATION * place a "1" in the box if Rational is used
Rational ?*
1
Des. Storm
1,00:'> inches
Rv=
0.35
Bottom
19.5 msl
Perm. Pool
......... �4 SQ msl
Design Pool
26 msl
Design SA
11029 sf
Req. Volume
:= 756.'` cf
Prov. Volume
1453> cf
ORIFICE CALCULATION
•:_ 1
Perm. Pool Volume= 21750
Req. Forebay Volume= 4350
Provided Volume= 4814.00
Percent=
SA @ _
Elevation=
Avg. Head =
0.72
ft
Q2 Area =
1.54
sq. in.
Flow Q2, cfs
0.044
cfs
Q5 Area =
0.62
sq. in. .
Flow Q5, cfs
0.018
cfs
Orifice Area
1.23
sq. in.
No. of Orifices
1 ;
Q=
0.035
cfs
Diameter, inches
:,.:...9.25;weir
H x W
in
x
. ;: in
Drawdown =
_ 5;'
days
COMMENTS
Surface Area , Volume and Orifice are within Design Guidelines