SW8970532_COMPLIANCE_20160930

STORMWATER DIVISION CODING SHEET
POST -CONSTRUCTION PERMITS
PERMIT NO.
SWfJ
DOC TYPE
❑ CURRENT PERMIT
❑ APPROVED PLANS
❑ HISTORICAL FILE
COMPLIANCE EVALUATION INSPECTION
DOC DATE
YYYYM M D D

Noah Carofina Department of Environmental Quality
Div of Energy, Mineral & Land Resources — STORMWATER SECTION
127 Cardinal Drive Extension
Wilmington, NC 28405
\\\ F.M Fogleman, Registered Agent
Warlick Estates HOA. Inc.
4404 Pope Road
Durham.. NC 27707
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PAT McCRORY
Governor
DONALD R. VAN DER VAART
Secr-erary
Energy, Mineral &
Land Resources
ENVIRONMENTAL QUALITY
September 30, 2016
Floyd M. Fogleman; President F,M. Fogleman, Registered Agent
Fogleman Associates, Inc. Warlick Estates HOA, Inc.
109 I-linton Avenue, Ste. 97 4404 Pope Road
Wilmington NC 28403 Durham, NC 27707
Subject: Notice of Followup Inspection -riot Compliant
Stormwater Management Permit No. SW8 970532
Warlick.Fstates Subdivision
New Hanover County
Dear Mr. Fogleman:
TRACY DAVIS
Director
On September 22, 2016, the Wilmington Regional Office of the Division of Energy; Mineral and Land
Resources (DEMLR) inspected Warlick Estates; located off ]-lolly `Free Road in Wilmington, New Hanover
County, to determine the status of compliance with the State Stormwater Management Permit Number SW8
970532 issued to you on January 7, 2003. DEMLR file review and site inspection revealed that the site is not
in compliance with the terms and conditions of the permit. Please find a copy of the completed form entitled
"Compliance Inspection Report" attached to this letter, which summarizes the findings of the recent
inspection.
As indicated in the attached inspection report, the following deficiencies must be resolved:
Two existing undeveloped lots (6 & 8) within the Division of the Estate of D.R. and Carrie Warlick
were originally excluded from this permitted subdivision and from the drainage area of this pond.
Lot 6 was further subdivided into 3 lots, and 2 homes have been built. Lot 8 has been purchased and
has the potential to be subdivided into 2 or 3 lots also. The elevation of these lots suggests that the
runoff is draining into and impacting the permitted stormwater 13MP, which was not designed to
handle that runoff.
Based on New Hanover County tax records, five of the 26 permitted lots appear to have exceeded
the 3500 sf maximum 13UA limit by 500-1850 sf. If these estimates are accurate, this will require
that the pond be redesigned to accommodate the additional runoff, or that the owners of the lots that
have exceeded their limit can borrow BUA from any of the lots that have not exceeded the limit.
The Designer's Certification has not been submitted.
The permit will expire on January 7, 2017 and must be renewed.
The renewed permit must be transferred to the HOA.
Please be aware that per General Conditions III.1 and III.8 of the permit, it is your responsibility to notify the
Division of any ownership changes and to submit a completed and signed Name/Ownership Change form
prier to transferring the permit to the HOA. This permit cannot be transferred to the HOA until the issues
listed above are resolved, and the following supporting information is provided to the Division:
1. A completed and signed Name/Ownership Change form;
2. The required PE certification for the pond;
3. A copy of the deed conveying the common areas to the HOA. Per NHC tax records, Fogelman
Associates Inc., still owns the parcel containing the stormwater pond;
4. Verification that no lot has exceeded the 3,500 sf maximum BUA limit. The inspection indicates that
there are several lots that appear to have exceeded the maximum 13UA limit.
5. Verification that more than 50% of the lots are sold to individuals;
6. Verification that the catch basins and drainage piping shown on the approved plans between Lots
14/15, 16/17 and 18/19 is in place and is located within a recorded drainage easement. The recorded
plats do not show any easements on these lots.
State of Narth Carolina' EnVironaICI}tal Quality I Energy. Mineral and Land Resources
Wilmington Regional Office I 127 Cardinal Drive Extension I Wjlmington. NC 28405
910 796 7215

State Stormwater Permil No_ SW8 970532
Page 2 of 2
Please be reminded that State Stortnwater Management Permit No. SW8 970532, that was originally set to
expire on January 7, 2013, is now in effect until January 7, 2017. Per the state stormwaier rules; a renewal
application must be submitted at least 180 days prior to the expiration date of the pen -nit. A copy of the
Narne/Ownership Change Form and the Renewal Application can be downloaded from the following
website: litt ://de .nc. oviabout/divisions/ever xv-mineral-land-resources/ener v-mineral-land-
permits/stormwater-permits/forms
Please either address the deficiencies and submit all of the requested information, or provide a written plan
of action with a proposed timeline for providing the information and addressing these deficiencies by
October 30, 2016.
If you have any questions, please contact and in the Wilmington Regional Office of the Division of Energy,
Mineral and Land Resources at 910-796-7343 or via email at linda.lewis(u?nedenr,gov,
Sincerely,
Linda Lewis, I-.1.
Environmental Engineer III
Enc: Compliance Inspection Report
.r'GDSlarl: UOStormwaterTermits & Projects119971970532 HD12016 09 CEl_deficient _2 970532
cc: F.M. and Melanie Fogleman, 2807 Warlick Drive, Wilmington 28409
Phil Tripp; P.E.; Tripp Engineering
Georgette Scott, State Stormwater Supervisor
5tate. of North Carolina I Environmental Quality { Energy, Mineral and Land Resources
Mmington Rvgionai office 1 127 Cardinal Drive Extension ; Wilmington, NC 28405
9t0 796 72tS

Compliance Inspection Report
Permit: SW8970532 Effective:01107103 Expiration: 01/07/17
Project: Warlick Estates Subdivision
Owner: Fogleman Associates Inc
County: New Hanover Adress: Off Holly Tree Rd
Region: Wilmington
City/State/Zip: Wilmington NC 28409
Contact Person; Garland Palmer Title: Agent
Directions to Project:
Approx. 0.6 miles east of intersection of Holly Tree Road and NC 132
Type of Project: State Stormwater- HD - Detention Pond
Drain Areas: 1 - (Hewletts Creek) (03-06-24) ( SA;HQW)
On -Site Representative(s):
Related Permits:
Inspection Date: 09/22/2016 Entry Time: 02,00PM
Primary Inspoctor: Alida R Lewis
Secondary Inspector(s):
Reason for Inspection: Follow-up
Permit Inspection Type: State Stormwater
Facility Status: ❑ Compliant 11 Not Compliant
Question Areas:
EM State Stormwater
(See attachment summary)
Phone: [phone]
Exit Time: 02,07Pfv1
Phone: [phone]
Inspection Type: Compliance Evalualion
page 1

Permit: SVV8970532 Owner - Project: Fogleman Associates Inc
Inspection Date: 09122/2015 Inspection Type Compliance Evaluation Reason for Visit: Follow up
Inspection Summary:
The Division received an inquiry from the purchaser of Lot 8 of the Division of the Estate of D.R. and Carrie Warlick
regarding built -upon area. The subsequent file review indicated that 2 tracts were excluded from the drainage area of this
pond, Lot 6 and Lot 8 of the Division of the Estate of DR. and Carrie Warlick (Map Book 7 Page 54). Lot 6 has already
been subdivided into 3 lots, and Lot 8 has the potential to be subdivided into 2 or 3 lots. The elevations of these lots,
suggests that funoff from the lot will be directed into the permitted wet detention pond for Warlick Estates, but the pond
is not designed to treat this area.
These lots are apparently not members of the Warlick Estates HOA, so they will not be contributing to the maintenance
of the roads, or the stormwater collection system or the permitted wet pond, even though their runoff, by virtue of the
elevated topography, will end up in the permitted facility that it is not designed to handle.
There are at least 5 lots that appear to have exceeded the permitted maximum BUA limit of 3500 sf per lot, including
Lots 4, 6, 7, 9 and 14, The pond design must be reevaluated to determine if it can handle the increased BUA associated
with the lot overages and with the added drainage areas.
If the BUA limit is to be increased for each lot to deal with the averages, then the HOA will need to modify the permit and
vote to amend the covenants to reflect the increased BUA limit.
The Designer's Certification must be submitted. This will require verification by an appropriately licensed and qualified
professional that the permitted design criteria for the pond have been provided. This includes surface area, permanent
pool and temporary pool elevations, orifice size; forebay volume, temporary pool volume and drainage area and built -upon
area.
The permit will expire on January 7, 2017 and must be renewed prior to that date. If it is not renewed, the HOA will be
operating a treatment works and creating an outlet to waters of the State without the required permit to do so.
The permit must be transferred to the HOA. If the permit is not transferred, then the HOA may be in violation of NCGS
143 Article 215 for the operation of a treatment works and the creation of an outlet to waters of the state without the
required permit to do so
page: 2

permit: SW8970532 Owner - Project: Fooleman Associates lac
Inspection Date: 0912212015 inspection Type Compliance Evaluation Reason for Visit: Follow-up
File Review
Yes No NA NE
Is the permit active? 9 ❑ ❑ ❑
Signed copy o1 the Engineer's certification is in the fie? ❑ 9 ❑ ❑
Signed copy of the Operation & Maintenance Agreement is in the file? El ❑ ❑ ❑
Copy of the recorded deed restrictions is in the file? RN ❑ ❑ ❑
Comment. 1. The required Designer's Certification has not been submitted.
Built Upon Area Yes No NA NE
Is the site BUA constructed as per the permit and approval plans? ❑ N ❑ ❑
Is the drainage area as per the permit and approved plans? ❑ EM ❑ ❑
Is the BUA (as permitted) graded such that the runoff drains to the system? ® ❑ ❑ ❑
Comment: 2. Lots 6 & 8 of the Division of the Estate of D.R. and Carrie Warlick were excluded from the drainaae
area. Lot 6 was further subdivided into three lots, and homes have been constructed on 2 of them. Lot 8
has recently been purchased and there are plans for home construction and possible subdivision. The
runoff from these tracts is being directed to the permitted pond. but the pond was not designed for that
additional drainage area.
3. The maximum BUA limit is 3500 square feet per lot Based on measurements obtained from the tax
record parcel maps. it appears that Lots 4, 6. 7, 9 and 14 may have exceeded this maximum amount
These lots have side -loaded garages which require a longer driveway , circle driveways and/or pool
decks. 1f these approximations are accuarte the pond must.be. redesi ned and the permit must be
modified to account for the extra BUA. F.
5W Measures Yes No NA NE
Are the SW measures constructed as per the approved plans? ® ❑ ❑ ❑
Are the inlets located per the approved plans? ® ❑ ❑ ❑
Are the outlet structures located per the approved plans' go ❑ ❑ ❑
Comment:
Operation and Maintenance
Yes No NA NE
Are the SW measures being maintained and operated as per the permit requirements? ❑ ®❑ ❑
Are the SW BMP inspection and maintenance records complete and available for review or provided to ❑ ❑ ❑ R
DWQ upon request?
Comment: 4. The outlet structure has developed a leak iust above and off to one side of the orifice pipe, which may
allow the design storm to be discharged in less than 2 days.
Other Permit Conditions Yes No NA NE
Is the site compliant with other conditions of the permit's ❑ R9 ❑ ❑
page: 3

Permit: S"'13970532 (Tuner - Project: Fogleman Associates I nc '
Inspection pate: 09122l201r, Inspection Type Compliance Evaluation Reason for visit: Follow-up
Comment 5. The permit has not been transferred to the HOA Tze owner of every.lot was made a member of the
Wall EStates_Homeowner's Association, which is a current and active _non-profit corporation with the
Ncsas.
6. The permit will expire on January 7, 2017. Ideally. the renewal application would have been submitted
by July 7. 2016, but since that date has passed. it must be submitted as soon as possible.
0
page: 4

New Hanover Count\
PARID: R06100-002-039-000
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PARID: R06100-002-025-000
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2721 WARLICK DR
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HALLORAN BRENDEN ELIZABETH
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1887
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PARID: R06100-002-032-000
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PAT McCRORY
Governor
DONALD R. VAN DER VAART
Secretary
Energy, Mineral &
Land Resources
ENVIRONMENTAL QUALITY
September 30, 2016
Floyd M. Fogleman, President F.M. Fogleman, Registered Agent
Fogleman Associates, Inc. Warlick Estates HOA, Inc.
109 Hinton Avenue, Ste. 47 4404 Pope Road
Wilmington; NC 28403 Durham; NC 27707
Subject: Notice of 1Followup Inspection -Not Compliant
Stormwater Management Permit No. SW8 970532
Warlick Estates Subdivision
New Hanover County
Dear Mr. Fogleman:
TRACY DAVIS
Director
On September 22, 2016, the Wilmington Regional Office of the Division of Energy, Mineral and Land
Resources (DEMLR) inspected Warlick Estates, located off Holly Tree Road in Wilmington, New Hanover
County, to determine the status of compliance with the State Stormwater Management Permit Number SW8
970532 issued to you on January 7, 2003. DEMLR file review and site inspection revealed that the site is not
in compliance with the terms and conditions of the permit. Please find a copy of the completed form entitled
"Compliance Inspection Report" attached to this letter, which summarizes the findings of the recent
inspection.
As indicated in the attached inspection report, the following deficiencies must be resolved:
Two existing undeveloped lots (6 & 8) within the Division of the Estate of D.R. and Carrie Warlick
were originally excluded from this permitted subdivision and from the drainage area of this pond.
Lot 6 was further subdivided into 3 lots, and 2 homes have been built. Lot 8 has been purchased and
has the potential to be subdivided into 2 or 3 lots also. The elevation of these lots suggests that the
runoff is draining into and impacting the permitted stormwater BMP, which was not designed to
handle that runoff.
Based on New Hanover County tax records, five of the 26 permitted lots appear to have exceeded
the 3500 sf maximum BUA limit by 500-1850 s£ If these estimates are accurate, this will require
that the pond be redesigned to accommodate the additional runoff, or that the owners of the lots that
have exceeded their limit can borrow BUA from any of the lots that have not exceeded the limit.
The Designer's Certification has not been submitted.
The permit will expire on January 7, 2017 and must be renewed.
The renewed permit must be transferred to the BOA.
Please be aware that per General Conditions III.1 and II1.8 of the permit, it is your responsibility to notify the
Division of any ownership changes and to submit a completed and signed Name/Ownership Change form
prior to transferring the permit to the BOA. This permit cannot be transferred to the BOA until the issues
listed above are resolved, and the following supporting information is provided to the Division:
1. A completed and signed Name/Ownership Change form;
2. The required PE certification for the pond;
3. A copy of the deed conveying the common areas to the BOA. Per NBC tax records, Fogelman
Associates Inc., still owns the parcel containing the stormwater pond;
4. Verification that no lot has exceeded the 3,500 sf maximum BUA limit. The inspection indicates that
there are several lots that appear to have exceeded the maximum BUA limit.
5. Verification that more than 50% of the lots are sold to individuals;
6. Verification that the catch basins and drainage piping shown on the approved plans between Lots
14/15, 16/17 and 18/19 is in place and is located within a recorded drainage easement. The recorded
- plats do not show any easements on these lots.
State of Norrh Carolina I Environmental Quality I Energy. Mineral and Land Resources
Wilmington Regional Office 1127 Cardinal Drive Extension I Wilmington, NC 28405
910 796 7215

w .,.......... ---••- - - Page 2 of 2
please be reminded that State Stormwater Management Permit No. SW8 970532, that was originally set to
expire on January 7, 2013, is now in effect until January 7, 2017. Per the state stotmwaier rules, a renewal
application must be submitted at. least 180 days prior to the expiration date of the permit_ A copy of the
Name/Ownership Change Form and the Renewal Application can be downloaded from the following
website: htt ://de .nc. oN-/about/diN isioiis/ever- ir,meraI-land-resources/etier v-mineral-€and-
t�erin i t slstort� �later-perut € is/form s
please either address the deficiencies and submit all of the requested information, or provide a written plan
of action with a proposed timeline for providing the information and addressing these deficiencies by
October 30, 2016.
if you have any questions, please contact me in the Wilmington Regional Office of the Division of Energy.
Mineral and Land Resources at 910-796-7343 or via email at linda.lewisrncdenr.gov.
S in cereh,r
Linda Lewis, E.I.
Environmental Engineer III
Enc: Compliance Inspection Repoli
GDS/arl: G:111StormwaterlPermits & Projects119971970532 HD12016 09 CEI_dehcient_2 970532
cc: F.M. and Melanie Fogleman, 2807 Warlick Drive, Wilmington 28409
Phil Tripp, P-E., Tripp Engineering
Georgette Scott, State Stormwater Supervisor
Vj'I P,0
State of North Camllna 1 Environmental Quality 1 Energy, Mineral and Land Resources
Wilmington Regional Office 1 127 Cardma! Drive Extension 1 Wilmington, NC 28405
910 796 7215

A
i Compliance Inspection Report
Permit: SW8970532 Eftective.01107103 Expiration: 01/07117
Project: Warlick Estates Subdivision
Owner: Fogleman Associates Inc
County: New Hanover Adress: Off Holly Tree Rd
Region: Wdminglon
CitylStatel2ip: Wilmington NC 28409
Contact Person: Garland Palmer Title: Agent
Directions to Project;
Approx. 0 6 miles east of intersection of Holly Tree Road and NC 132
Type of Project: State Slormwater - HID - Detention Pond
Drain Areas: 1 - (Hewletts Creek) (D3-06-24) ( SA;HQW)
on -Site Representative(s):
Related Permits:
Inspection Date: D912212016 Entry Time: 02:00PMi
Primary Inspector: Alicia R Lewis
Secondary Inspector(s):
Reason for Inspection: Follow-up
Permit Inspection Type: State Stormwater
Facility Status: ❑ Compliant IN Not Compliant
Question Areas:
State Stormwater
(See attachment summary)
Phone; 910-452-1132
Exit Time: 02:07PM
Phone: [phone]
Inspection Type: Compliance Evaluation
page: 1

4.
permit: SW8970532 Owner - Project: Fogleman Associates Inc
Inspection Date: 09/2212016 Inspection Type Compliance Evaluation Reason for Visit: Follow-up
Inspection summary:
The Division received an inquiry from the purchaser of Lot 8 of the Division of the Estate of D.R_ and Carrie Warlick
regarding built -upon area. The subsequent file review indicated that 2 tracts were excluded from the drainage area of this
pond, Lot 6 and Lot 8 of the Division of the Estate of D. R. and Carrie Warlick (Map Book 7 Page 54). Lot 6 has already
been subdivided into 3 lots, and Lot 6 has the potential to be subdivided into 2 or 3 lots. The elevations of these lots,
suggests that runoff from the lot will be directed into the permitted wet detention pond for Warlick Estates, but the pond
is not designed to treat this area.
These lots are apparently not members of the Warlick Estates HOA, so they will not be contributing to the maintenance
of the roads, or the stormwater collection system or the permitted wet pond, even though their runoff, by virtue of the
elevated topography, will end up in the permitted facility that it is not designed to handle.
There are at least 5 lots that appear to have exceeded the permitted maximum BUA limit of 3500 sf per lot, including
Lots 4, 6, 7, 9 and 14 The pond design must be reevaluated to determine if it can handle the increased BUA associated
with the lot overages and with the added drainage areas.
If the BUA limit is to be increased for each lot to deal with the overages, then the HOA will need to modify the permit and
vote to amend the covenants to reflect the increased BUA limit.
The Designer's Certification must be submitted. This will require verification by an appropriately licensed and qualified
professional that the permitted design criteria for the pond have been provided. This includes surface area, permanent
pool and temporary pool elevations, orifice size, forebay volume, temporary pool volume and drainage area and built -upon
area -
The permit will expire on January 7, 2017 and must be renewed prior to that date. If it is not renewed, the HOA will be
operating a treatment works and creating an outlet to waters of the State without the required permit to do so.
The permit must be transferred to the HOA. If the permit is not transferred, then the HOA may be in violation of NCGS
143 Article 215 for the operation of a treatment works and•the creation of an outlet to waters of the state without the
required permit to do so.
page: 2

V
Permit: SW8970632 Owner - Project: Fogleman Associates Inc
Inspection Date: 09/22/2016 Inspection Type Compliance Evaluation Reason for Visit: Fallow -up
File Review Yes No NA NE
Is the permit active? 0 ❑ ❑ ❑
Signed copy of the Engineer's certification is in the file? ❑ k ❑ ❑
Signed copy of the Operation & Maintenance Agreement is in the file? Q ❑ ❑ ❑
Copy of the recorded deed restrictions is in the file? ❑ ❑ ❑
Comment: 1. The required Designer's Certification has not been submitted.
Built [Upon Area Yes No NA NE
is the site BfJA constructed as per the permit and approval plans? ❑ 9 ❑ ❑
Is Me drainage area as per the permit and approved plans? ❑ 0 ❑ ❑
Is the BUA (as permitted) graded such that the runoff drains to the system? U ❑ ❑ ❑
Comment. 2. Lots 6 & 8 of the Division of the Estate of D.R. and Carrie Warlick were excluded from the drainaae
area. Lot 6 was further subdivided into three lots, and homes have been constructed on 2 of them. Lot 8
has recently been purchased and there are plans for home construction and possible subdivisionThe
runoff from these tracts is being directed to the permitted pond, but the pond was not designed for that
additional drainage area.
3. The maximum BUA limit is 3500 square feet per lot. Based on measurements obtained from the tax
record parcel maps_it appears that Lots 4, 6, 7, 9 and 14 may have exceeded this maximum amount.
These trots have side -loaded parages which require a longer driveway , circie driveways and/or pool
decks. If these approximations are accuarte, the pond must be redesigned and the permit must be
modified to account for the extra BUA.
SW Measures Yes No NA NE
Are the SW measures constructed as per the approved plans? ❑ ❑ ❑
Are the inlets located per the approved plans ❑ ❑ ❑
Are the outlet structures located per the approved plans? ❑ ❑ ❑
Comment:
Operation and Maintenance Yes No NA NE
Are'the SW measures being maintained and operated as per the permit requirements? ❑ ®❑ ❑
Are the SW BMP inspection and maintenance records complete and available for review or provided to ❑ ❑ ❑ m
DWQ upon request?
Comment: 4. The outlet structure has developed a leak must above and off to one side of the orifice pipe, which may
allow the design storm to be discharged in less than 2 days.
Other Permit Conditions Yes No NA NE
Is the site compliant with other conditions of the permit? ❑ r ❑ ❑
page: 3

Permit: SW8970532 Owner- Project: Fogleman Associates Inc
Inspection Date: 09l2212010 Inspection Type Compliance Evaluation Reason for Visit: Follow-up
Cornment: 5_ The oerrKt has not been transferred to the HOA. The owner of every -lot was made a member of the
Warlick Estates Homeowner's Association, which is a current and active non-profit corporation wjth the
NCSOS.
6. The permit will exgire on January 7, 201 T Ideally, the renewal application would have been submitted
by July 7. 2C16 but since that date has passed it must be submitted as soon as possible.
page: 4
.\

PARID: R06100-002-039-000
EVANS DON T JR ELSA R
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2741 UWARLICK DR
Item
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A2 - WDK:WOOD DECK
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A3 - BAS:1 S FIR ONE STORY FRAME
340
A4 - GARIAFR:GARAGEIATTIC FINISH, ROUGH -IN ONLY
639
A5 - POR:OPEN PORCH
155
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PARID: R06100-002-013-000
GQGLENliAN F 110 MELANIE GIL LESPIE
iff
2807 WARLICK DR
Item
Area
Main Building
1836
Al - POR:OPEN PORCH
12
A2 - GARI3Q:GARAGE[THREE QUARTER STORY
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,A3 - POR CPEN PORCH
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PP,RID: R06100-002-025-000
10AGtlIRE PATRICK 0 JELL
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2721 1101,RLECK DR
Item
Area
Main Building
1692
Al - POR:DPEN PORCH
128
A2 - POR:DPEN PORCH
88
A3 - GAR11 H:GARAGE/ONE HALF STORY
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PP.RID: R06100-002-027-000
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2713 WARUCK DR
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1887
A2 - GAR/BAS:GARAGE/IS FR ONE STORY FRAME
189
A3 - GAR/1H:GARAGE10NE HALF STORY
273
A4 - POR:OPEN PORCH
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A5 - POR:OPEN PORCH
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A6 - WDK:WOOD DECK
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FARID: R06100-002-032-000
IVAGSIG HEATH D PRISCIL�' E
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2720 AfARLICK DR
Item
Area
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2072
Al - POR:OPEN PORCH
65
A2 - GAR/1 H:GARAGE/ONE HALF STORY
575
A3 - WDKiWOOD DECK
250
A4 - POR:OPEN PORCH
240
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NC DEQ/DEMLR
Water Quality Section
127 Cardinal Drive Extension EC CI�C
Wilmington, NC 28405 C CC
F.M. Fogleman, Registered Agent
Warlick Estates HOA, Inc.
4404 Pope Rr- ,'
Durham,NCN=xIE 276 DE 1
R'E'TU'R.N To :SCE,N-Gi ER
UNA3 E�TQ"F6RWARD
U.S. POSTAGE) MNev BOWES
ZIP 28405 $ 000.465
02 1w
0001399346 SEP 21 2016
N S N 6C: 28405540627 *0448-07834—ZI-46

PAT MCCRORY
Governor
DONALD R. VAN DER VAART
Secrerary
TRACY DAVIS
Director
September 15, 2016
Floyd M. Fogleman, President
Fogleman Associates, Inc.
109 Hinton Avenue, Ste. #7
Wilmington, NC 28403
F.M. Fogleman, Registered Agent
Warlick Estates 140A, Inc.
4404 Pope Road
Durham, NC 27707
Subject: Notice of Permit Extension (Session Laws 2009-406 and 2010-177) and
Notice of Inspection -Not Compliant
Stormwater Management Permit No. SW$ 970532
.High Density — Warlick Estates Subdivision
New Hanover County
Dear Mr. Fogleman:
Effective August 1, 2013 the State stormwater program was transferred from the Division of Water Quality
(DWQ) to the Division of Energy, Mineral and Land Resources (DEMLR). All previous references to DWQ
will remain in older stormwater permits issued prior to August 1, 2013 until they are modified.
On August 5, 2009, the Governor signed Session Law 2009-406. This law impacted any development
approval issued by the former Division of Water Quality under Article 21 of Chapter 143 of the General
Statutes, which was current and valid at any point between January 1, 2008, and December 31, 2010. The law
extended the effective period of any stormwater permit that was 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 granted an extra year for a total of up to four (4) years extension.
Accordingly, State Stormwater Management Permit No. SW8 970532, that expired on January 7, 2013, is
now in effect until January 7, 2017. Per the state stormwater rules, a renewal application must be submitted at
least 180 days prior to the expiration date of the permit. Therefore, please submit the Renewal Application
Form S WU-102 by October 30, 2016, A copy of the Renewal Application can be downloaded from the
following website: http://deq.nc.fov/about/divisions/eiiergy-mineral-land-resources/eiiergy-mineral-land-
permits/stormwater-permits/forms
IDEMLR also conducted a file review of this permit after receiving several inquiries from lot owners adjacent
to the subdivision. It was discovered that homes have been built on lots that were originally excluded from
the drainage area for this permitted pond, but which appear to be draining to the stormwater system for this
subdivision.
Lot 6 (conveyed by LB Tillery) and Lot 8 (conveyed by C. Baker) were not included in the original Warlick
Estates permit application because they were owned by property owners other than Fogleman Associates, Inc.
Lot 6 has since been subdivided into 3 individual lots. Two of those lots now have homes constructed on
them and the grading suggests that their stormwater runoff is discharging to the Warlick Estates stormwater
system. Lot 8 is in the process of being purchased by a new owner and has the potential to also be subdivided
into three or more lots. These lots impact the compliance status of your permit because your original
application did not account for any offsite drainage to the pond_
State of North Carolina I Environmental Quality I Energy, Mineral and Land Resources
Wilmington Regional Office J 127 Cardinal Drive Extension I Wilmington NC 28405
910 796 7215

State Stormwater Permit No. SW8 970532
Paee 2 of
There are several possible resolutions to this issue: u ,
1. Add the offsite lots that are currently not included in your permitted drainage area. This will require
calculations performed by a suitable registered professional, to evaluate the existing BMP and
determine if it can accommodate the additional runoff at full build -out potential, and modify your
permit to add that offsite drainage area to the permitted drainage area.
2_ Notify each offsite lot owner that they must treat their stormwater on their own lot separately such
that none of that runoff discharge's into your permitted pond.
3. Notify each offsite lot owner that they must capture and redirect their runoff away from the
stormwater collection system in Warlick Drive and away from the pond. This may be difficult due to
the natural grade.
Please note that state stormwater permits do not automatically transfer to the HOA upon completion of a
subdivision or upon the conveyance of the common areas to the HOA. Please be aware that per General
Conditions 111.1 and 11I.8 of the permit, it is your responsibility to notify the Division of any ov►mership
changes and to submit a completed and signed Name/Ownership Change form prior to transferring the permit
to the HOA. This permit cannot be transferred to the HOA until the issues listed above are resolved, and the
following supporting information is provided to the Division:
1. A completed and signed Frame/Ownership Change form;
2. The required PE certification for the pond;
3. A copy of the deed conveying the common areas to the HOA. Per N14C tax records; Fogelman
Associates Inc., still owns the parcel containing the stormwater pond;
4. Verification that no lot has exceeded the 3,500 sf maximum BUA Iimit;
5. Verification that more than 50% of the lots are sold to individuals;
6. Verification that the catch basins and drainage piping shown on the approved plans between Lots
14/15, 16/17 and 181i 9 is in place and is located within a drainage easement.
Upon receipt of these items, the Division will conduct an inspection of the project and the stormwater control
measures for compliance with the permit. A copy of that inspection report will be provided to you. Any
additional compliance issues noted in that report must be resolved prior to transfer of the permit to the HOA.
Please submit the renewal application and fee, and a plan of action describing how these issues will be
resolved and the date by which they will be resolved, to the Division. by October 30, 2016.
If you have any questions, please contact me in the Wilmington Regional Office of the Division of Energy,
Mineral and Land Resources at 910-796-7343.
Sincerely,
4&1 �/�X'.
Linda Lewis, ET
Environmental Engineer III
Eric: Compliance Inspection Report
GDS/arl: G:111Stormwater\Permits & Projects119971970532 HD12016 09 CEl_deficient 970532
G:%StormwaterTermits & Projects\ 1 99719705 3 2 HD12016 09 permit —extension 970532
cc: F.M. and Melanie Fogleman, 2807 Warlick Drive, Wilmington 28409
Phil Tripp, P.E., Tripp Engineering
Georgette Scott, State Stormwater Supervisor
Wilmington Regional Office Stormwater Permit File
State of North Carolina I Environmental Quatity I Energy, ktneral and Land Resource's
Wilmington Regional Office 1127 Cardinal Drive ExtvnSton I Wiimingtrnt, NC 2840$
910 7% 723

Compliance Inspection Report
Permit: SW8970532 Effective: 01107103 Expiration: 01/07/17
Project: Warlick Estates Subdivision
Owner: Fogleman Associates Inc
Countyr New Hanover Adress: Off Holly Tree Rd
Region: Wilmington
CitylStatelZip: Wilmington NO 28409
Contact Person: Garland Palmer Title: Agent
Directions to Project;
Approx. 0.6 miles east of intersection of Holly Tree Road and NC 132
Type of Project: State Stormwater - HD - Detention Pond
Drain Areas: 1 - (Hewletts Creek) (03-06-24) ( SA;HQW)
On -Site Representative(s):
Related Permits:
Inspection Date: 09/1412016 Entry Time: 12-OOPM
Primary Inspector: Alida R Lewis
Secondary Inspector(s):
Reason for Inspection: Complaint
Permit Inspection Type: State Stormwater
Facility Status: ❑ Compliant ® Not Complianl
Question Areas:
EM State Stonmwater
(See attachment summary)
Phone: [phone]
Exit Time: 12:3OPM
Phone: [phone]
Inspection Type: Compliance Evaluation
page: i

Permit: SW8970532 Owner . Project: Fogleman Associates Inc
Inspection Date: Q9J14J2D16 Inspection Type Compliance Evaluatien Reason for Visit: Complaint
Inspection Summary:
The Division received an inquiry from the purchaser of Lot 8 (C. Baker), which, a#ong with Lot 6 (LB Tillery), are part of the
Division of the Estate of D.R. and Carrie Warlick. These 2 tracts were excluded from the wet detention pond drainage
area covered by the state stormwater management permit issued to Fogleman Development Company, Inc. on October
28, 1998 and as modified and reissued to Fogleman Associates, Inc. on January 7, 2003, for the development of 26 lots
in Warlick Estates.
It appears that Lot 6 was subdivided into a total of 3 lots in November 2007, Lots 6A, 6B and 6C, and that homes now
exist on 2 of those lots. The existing contour of Lot 6 suggests that the runoff from these 3 lots will drain into the existing
stormwater collection system in Warrick Drive and is being directed into the permitted pond. However, these lots are not
part of the permitted drainage area.
Lot 8 has been purchased and has the potential to be subdivided into a total of 3 lots, and the existing contour of Lot 8
also suggests that these potential lots will also drain their runoff into the street.
In essence, the pond is treating approximately 2.4 acres of additional project area and potentially over 50,000 square feet
of additional impervious surfaces (assumed at 50% build -out) for which it was not designed.
The required Designer's Certification (aka the PE certification) has not been submitted.
The permit will expire on January 7, 2017 and must be renewed.
The permit has not yet been transferred to the Homeowners Association.
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: 1. The required Designer's Certification has not been provided.
Other Permit Conditions
Is the site compliant with other conditions of the permit?
Yes No NA NE
a ❑ ❑ ❑
FENFAMENUE
{ E1■1
Yrs No NA NE
❑ ®❑ ❑
Comment: 2. Offsite drainage from lots that were previously excluded from the drainage area is enterling the
permitted wet detention pond.
3. The permit has not been transferred to the Warlick Estates HOA, Inc.
4. The permit will expire on Janus 7. 2017_ A renewal application must be submitted by October 30.
2016.
page: 2

Energy. Mineral &
Land Resources
ENVIRur4MENTAL QUALITY
September 15, 2016
Floyd M. Fogleman, President
Fogleman Associates; Inc.
109 Hinton Avenue. Ste. #7
Wilmington, NC 28403
PAT McCRORY
Governor
DONAf D R. VAN DER VAART
F.M. Fogleman, Registered Agent
Warlick Estates 110A. Inc.
4404 Pope Road
Durham, NC 27707
Subject: Notice of Permit Extension (Session Laws 2009-406 and 2010-177) and
Notice of Inspection -Not Compliant
Stormwater Management Permit No. SW8 970532
High Density — Warlick Estates Subdivision
New Hanover County
Dear Mr. Fogleman:
TRACY DAVIS
Direc ror
1ffective August 1; 2013 the State Storm water program was transferred from the Division of Water Qualiv,
(DWQ) to the Division of Energy, Mineral and land Resources (DLMILR). All previous references to DWQ
will remain in older stormwater permits issued prior to August 1, 2013 until they are modified.
On August 5, 2009, the Governor signed Session Law 2009-406. This law impacted any development
approval issued by the former Division of Water Quality under Article 21 of Chapter 143 of the General
Statutes, which was current and valid at any point between January 1, 2008, and December 31, 2010. The law
extended the effective period of any stormwater permit that was 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 granted an extra year for a total of up to four (4) years extension.
Accordingly, State Slormwater Management Permit No. SW8 970532, that expired on January 7, 2013, is
now in effect until January 7, 2017. Per the state stonnwater rules, a renewal application must be submitted at
least 180 days prior to the expiration date of the permit. Therefore, please submit the Renewal Application
Form SWU-102 by October 30, 2016. A copy of the Renewal Application can be downloaded from the
following website: htip:/Ideq.nc.�toN,/about/divisions/energy-mineral-land-resources/eiierLy-mineral-land-
permits/stann�iater-permits/forms
DEMLR also conducted a file review of this permit after receiving several inquiries from lot owners adjacent
to the subdivision. It was discovered that homes have been built on lots that. were originally excluded from
the drainage area for this permitted pond, but which appear to be draining to the stormwater system for this
subdivision.
Lot 6 (conveyed by LB Tillery) and Lot 8 (conveyed by C. Baker) were not included in the original Warlick
Estates permit application because they were owned by property owners other than Fogleman Associates, Inc_
Lot 6 has since been subdivided into 3 individual lots. Two of those lots now have homes constructed on
them and the grading suggests that their stormwater runoff is discharging to the Warlick Estates stormwater
system. Lot 8 is in the process of being purchased by a new owner and has the potential to also be subdivided
into three or more lots. These lots impact the compliance status o1 your permit because your original
application did not account for any offsite drainage to the pond_
State of North Carolina ! Cnvironmenial Quality I Energy. Mineral and Land kesources
Wilmington Regional Office 1 127 Cardinal Drive fxlt nsion I Wilmington NC 28405
910 796 7215

State Stormwater Pennit.No, SW8 970532
Page 2 of 2
There are several possible resolutions to this issue:
l . Add the offsite lots that are currently not included in your permitted drainage area. This will require
calculations performed by a suitable registered professional, to evaluate the existing BMP and
determine if it can accommodate the additional runoff at full build -out potential, and modify your
permit to add that offsite drainage area to the permitted drainage area.
2. Notify each offsite lot owner that they must treat their stormwater on their own lot separately such
that none of that runoff discharges into your permitted pond_
3. Notify each offsite lot owner that they must capture and redirect their runoff away from the
stormwater collection system in Warlick Drive and away from the pond. This may be difficult due to
the natural grade.
Please note that state stormwater permits do not automatically transfer to the HOA upon completion of a
subdivision or upon the conveyance of the common areas to the HOA. Please be aware that per General
Conditions 111.1 and 111.8 of the permit, it is your responsibility to notify the Division of any ownership
changes and to submit a completed and signed Name/Ownership Change form prior to transferring the permit
to the HOA. This permit cannot be transferred to the HOA until the issues listed above are resolved, and the
following supporting information is provided to the Division:
1. A completed and signed Name/Ownership Change form;
2. The required PE certification for the pond;
3. A copy of the deed conveying the common areas to the HOA. Per NNC tax records, Fogelman
Associates Inc., still owns the parcel containing the stormwater pond;
4. Verification that no Iot has exceeded the 3,500 sf maximum BUA limit;
5. Verification that more than 50% of the lots are sold to individuals;
6. Verification that the catch basins and drainage piping shown on the approved plans between Lots
14/15, 16/17 and 18/19 is in place and is located within a drainage easement.
Upon receipt of these items; the Division will conduct an inspection of the project and the stormwater control
measures for compliance with the permit. A copy of that inspection report will be provided to you. Any
additional compliance issues noted in that report must be resolved prior to transfer of the permit to the 14OA_
Please submit the renewal application and fee, and a plan of action describing how these issues will be
resolved and the date by which they will be resolved, to the Division by October 30, 2016.
If you have any questions, please contact me in the Wilmington Regional Office of the Division of Energy,
Mineral and Land Resources at 910-796-7343.
Sincerely,
Linda Lewis, E.I.
Environmental Engineer III
Eric: Compliance Inspection Report
GDS/arl: G:%StormwaterTermits & Project.s119971970532 14D12016 09 CEl_deficient 970532
G,111StormwaterlPermits & Projects119971970532 HDi2016 09 permit —extension 970532
cc: F.M. and Melanie Fogleman, 2807 Warlick Drive, Wilmington 28409
Phil Tripp, P.E., Tripp Engineering
Georgette Scott, State Stormwater Supervisor
Wilmington Regional Office Stormwater Permit File
St are of North Carolina I Environmental Quality I Energy, Mineral and Land Resources
Wilrrmingian Regional office l 127 Cardinai Drive Extension 1 'AriImingtan, NC 28405
910 796 7215

Compliance Inspection Report
Permit:
SW8970532 Effective:01107/03
Project:
Warlick Estates Subdivision
Owner:
Fogleman Associates Inc
County:
New Hanover
Region:
Wilmington
Expiration: 01107/17
Adress: Off Holly I ree Rd
CitylStalelZip: Wilmington NC 28409
Contact Person: Garland Palmer Title: Agent
Directions to Project:
Approx. 0.6 miles east of intersection of Holly Tree Road and NC 132
Type of Project: State Stormwater - HD - Delenlion Pond
Drain Areas: 1 - (Hewlelts Creek) (03-06-24 ) ( SA;HQVV)
On -Site Representative(s):
Related Permits:
Inspection Date: 09/14/2016 Entry Time: 12:00PM
Primary Inspector: Alida R Lewis
Secondary Inspector(s):
Reason for Inspection: Complaint
Permit Inspection Type: State Stormwater
Facility Status: ❑ Compliant ® Not Compliant
Question Areas:
M State Stormwater
(See attachment summary)
Phone: [phone]
Exit Time: 12:30PM
Phone: [phone]
Inspection Type: Compliance Evalualion
page: 1

permit: SW8970532 Owner - Project: Fogleman Associates Inc
inspection Date: 09/1412016 Inspection Type Compliance Evaluation Reason for Visit: Complaint
Inspection Summary:
The Division received an inquiry from the purchaser of Lot 8 (C Baker), which, along with Lot 6 (LB Tillery), are part of the
Division of the Estate of DR. and Carrie Warlick. These 2 tracts were excluded from the wet detention pond drainage
area covered by the state stormwater management permit issued to Fogleman Development Company, Inc. on October
28, 1998 and as modified and reissued to Fogleman Associates, Inc. on January 7, 2003, for the development of 26 lots
in Warlick Estates,
It appears that Lot 6 was subdivided into a total of 3 lots in November 2007, Lots 6A, 68 and 6C, and that homes now
exist on 2 of those lots. The existing contour of Lot 6 suggests that the runoff from these 3 lots will drain into the existing
stormwater collection system in Warlick Drive and is being directed into the permitted pond. However, these lets are not
part of the permitted drainage area.
Lot 8 has been purchased and has the potential to be subdivded into a total of 3 lots, and the existing contour of Lot 8
also suggests that these potential lots will also drain their runoff into the street.
In essence, the pond is treating approximately 2.4 acres of additional project area and potentially over 50,000 square feet
of additional impervious surfaces (assumed at 50% build -out) for which it was not designed.
The required Designer's Certification (aka the PE certification) has not been submitted.
The permit will expire on January 7, 2017 and must be renewed.
The permit has not yet been transferred to the Homeowners Association.
File Review
Ye- No NA NE
Is the permit active? ® ❑ ❑ ❑
Signed copy of the Engineer's certification is in the file? ❑ ®❑ ❑
Signed copy of the Operation & Maintenance Agreement is in the file? 0 ❑ ❑ ❑
Copy of the recorded deed restrictions is in the file? ® ❑ ❑ ❑
Comment: 1. The required Designer's Certification has not been provided
Other Permit Conditions Yes Na NA NE
Is the site compliant with other conditions of the permit? ❑ ®❑ ❑
Comment: 2. Offsite drainage from lots that were previously excluded from the drainage area is enterting the
pefrnitted_wet detention pond. ^
3. The permit has not been transferred to the Warlick Estates H.OA, Inc.
4. The permit.will expire on Janua 7 2017. A renewal application must be submitted by October 30,
2016.
page: 2

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New Hanover County
Page 1 of 2
Home Property Records
Profile
Sales
Residential
Commercial
Misc. Improvements
Permits
Land
Values
Agricultural
Sketch
Full Legat
Exemptions
Sub -parcels) Info
Original Parcel Into
Parcel Map
NHC Tax Home Register of Deeds
PARID: R06100-002-024-000
FOGLEMAN ASSOCIATES INC 2790 WARLICK DR
1441 20 of 35 ► Yi
Parcel Return to Search Results
Alt ID
313612.95.2471.000
Address
2790 WARLICK DR
Unit
City
WILMINGTON
Zip Code
Neighborhood
D4B15
Class
RES-Residential
Land Use Code
958-1-Inused Land
Living Units
Acres
.72
Zoning
R-15-RESIDENTIAL DISTRICT
Legal
Legal Description (.70 ACRES) STORMWATER POND SEC 2 WARUCK
ESTATES
Tax District WM
iOwners
Owner
FOGLEMAN ASSOCIATES INC
City
WILMINGTON
State
NC
Country
Zip
28403
Actions
Printable Version
Custom Report Buildei
Reports
Residential PRC
Commercial PRC
Links
Sales Validation Form
Property Owner
Questionnaire
Doi
CONTACT US 1 (2)
http://etax.nhegov.corn/pt/datalets/dataIet.aspx?mode=proFileall&slndex=I &1dx=20&I,Mparent=20 9/15/2016

New Hanover County Page 1 of 1
CONTACT US I
Home Property Records NHC Tax Home Register of Deeds
Profile
PARID, RD6100-002-013-000
Sales
FOGLEMAN F M MELANIE GILLESPIE 2807 WARLICK DR
Parcel
Return to Search Results
Residential
I
Commercial
AMID
313616.94 6312 000
Actions
Mlsc. Improvements
Addmss
2807 WARLICK DR
Printable Version
Permits
Uhit
City
VAILNINGTON
IFq Cuslom Report Builder
Zip Code
Land
Nu ghtwmcod
D4355
Reports
Values
Ciass
RES-Resicential
Residential PRO
Lard Use Code
10-1 'am Res
Commercial PRO
Agricultural
Living UII
1
Sketch
Acres
Zoning
R-15-RESIDENTIAL DISTRICT
Full Legal
`Go
Exemptions
Links
Sub-parcal(s) Info
sales validation Form
Original Parcel Info
Legal
Progeny Owner
Parcel Map
Legal Description
LOT 6 SEC 1 WARLIC;( ESTATES
Uuestionnaun
Tax District
WN"
IOwners
Owner
FOGLEMAN F M MELANIE GILLESPIE
Cry
NALMINGTON
Slate
NC
Country
Zip
28403
----- ....---------
THE DATA IS FROM-2016
Location ,V Geogle Map
Contact Us Site Links
Z30 Government Center Drive,
Suite 190
t Phone: [phone]DO NHC Tax Home
Wilmington, NC 28403
Q Fax: [phone] Register Or Deeds
Copyright. 2015 by New Hanover County, North Carolina I La5t Updated: 14/SEP/2016 I Powered by iasWorld Pubilc Access
http:lletax.nhegov.comlptldataletsldatalet.aspx?mode=profileall&slndex=l&idx=l l &LVIp... 9/15/2016

New Hanover County
Page 1 of 2
Home Property Records NHC Tax Home Register of Deeds
Search by Number Unit# StreetSuffix Direction
Property Address � --� 0
WARLICK DR v v
Options Sort by: I Parcel 11) v Ascending v Resultslpage: 15 Search
required Data Current as of 14/SEP12016
Results Click rows to view property details Disolavina 1 - 15 of 36
Parcel ID►
Owner Name
Parcel Address
Roll
LUC
B201004039
4 FACTOR CONSULTING, LLC
2717 WARLICK DR
BP
NIA
P201316194
MAGSIG HEATH
2720 WARLICK DR
PP
N/A
P201630049
SHARAF MOHAMED W SAHAR
SABBOUR
P814 WARLICK DR
PP
N/A
P201630257
PERSICO RUDOLPH ANTHONY
2826 WARLICK DR
PP
N/A
R06100-002-002-000
YOUNG ROBERT BARBARA FAM TR
2731 WARLICK DR
RP
958
R06100-002-008-000
PARKER LOIS A
2827 WARLICK DR
RP
10
R06100-002-009-000
CRAWFORD L DAVID DONNA R
2823 WARLICK DR
RP
10
R06100-002-010-000
REAANN H ETAL
2819 WARLICK DR
RP
10
R06100-002-01 1 -000
SCANLAN JON ERIC BRIDGET S
2815 WARLICK DR
RP
10
R06100-002-012-000
HILL JANE TERESA
2811 WARLICK DR
RP
10
R06100-002-013-000
FOGLEMAN F M MELANIE GILLESPIE
2807 WARLICK DR
RP
10
R06100-002-014-000
BRYANT CARL DOUGLAS BELINDA W
2802 WARLICK DR
RP
10
R06i00-002-015-000
WILLIAMS MARSHALL REST TR ETAL
2806 WARLICK DR
RP
10
R06100-002-016-000
ANDERSON KAREN JOY
2810 WARLICK DR
RP 110
R06100-002-017.000
PHARAOH MWS LLC
2814 WARLICK DR
RP
10
po vnntabie Version
Contact Us
iil. Phone: [phone]
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9/15/2016

Corporations Division
Page 1 of 1
North Carolina
Elaine F. Marshall D E PARTVI E SIT ©F THE
Secretary SECRETARY of STATE
PO Box 29622 Raleigh, NC 27626-0622 (919 )807-2000
Click Here To:
View Document Filings
Corporate Names
Legal: WARLICK ESTATES HOMEOWNERS' ASSOCIATION, INC.
Non -Profit Corporation Information
Sosld:
0461252
Status:
Current -Active
Annual Report Status:
Not Applicable
Citizenship:
Domestic
Date Formed:
6/5/1998
Slate of Incorporation:
NC
Registered Agent:
Fogleman, F M
Corporate Addresses
Mailing: 4404 Pope Road Durham County
Durham, NC 27707
Reg Office: 4404 Pope Road
Durham, NC 27707
Reg Mailing: 4404 Pope Road
Durham, NC 27707
Account
Login
Register
https://www.sosne.gov/Search/profcorp/4674745 9/15/2016

i
Scott, Georgette
From: Scott, Georgette
Sent: Tuesday, September 13, 2016 12:28 PM
To: Sams, Dan; Lewis,Linda
Cc: Hall, Christine; Johnson, Kelly; Pusey, Steven
Subject: RE: Request for information on an Existing Stormwater system in the Warlick Estates
Subdivision in New Hanover County
I contacted Mr. Grain and let him know that if he builds on that lot he either has to talk to the permittee for Warlick
Estates about including his lot in the permit OR he has to individually treat the Lot (or lots if split) individually for
stormwater even if he does not exceed the acre disturbance because he could put the permittee for Warlick out of
compliance.
We will also be sending a letter to the permittee because there is another house built on one of the large lots that is
draining to his pond that was not included in his plan.
Georgette Scott
State Stormwater Program Supervisor
Department of Environmental Quality
Office [phone]
Fax [phone]
Georg ette. Scott(o7 ncden r. gov
127 Cardinal Drive Ext.
Wilmington, NC 28405
A M__
/'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: Sams, Dan
Sent: Monday, September 12, 2016 3:08 PM
To: Scott, Georgette <[e-mail]>; Lewis,Linda <linda.lewis@ncdenr,gov>
Cc: Hall, Christine <Christine.Hall @ncdenr,gov>; Johnson, Kelly <[e-mail]>; Pusey, Steven
<[e-mail]>
Subject: Request for information on a Existing Stormwater system in the Warlick Estates Subdivision in New Hanover
County
All
Mr. John Grain, a local attorney here in New Hanover County, has questions about his development options for three
lots that are attached to, but not platted within Warlick Estates s�eQks_an i�� med individual to meet with him a few
minutes to learn the use limitations of those lots is number is 910-231-1109.
Please let me know who is follow up on this.
Thanks....

k
clan
Division of Energy, Mineral, and Land Resources — Land Quality Section
Department of Environmental Quality
910-796-7215
[e-mail]
^Nothing Compares.,-,__
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.

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Scott, Georgette
From: Scott, Georgette
Sent: Wednesday, September 14, 2016 11:46 AM
To: Lewis,Linda
Subject: Warlick Estates SW8 970532
Linda,
1 wrote an extension letter and a notice of not compliant for this permit. The letter is in the permit file under the
following; name 2016 09 permit_ extension & CEI_deficient 970532. Please edit as you see fit and add an inspection report in
BIMS and attach to the final letter.
"Thanks.
Georgette Scott
State Stormwater Program Supervisor
Department of Environmental Quality
Office [phone]
Fax [phone]
Georgette. Scott(Nncdenr.gov
127 Cardinal Drive Ext.
Wilmington, NC 28405
Nothing Compares..-,,,-
Ernad correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.

4 W A rF9 Michael F. Easley, Governor
p William G_ Ross Jr., Secretary
.Q G North Carolina Department of Environment and Natural Resources
�—� Alan W. Klimek, P,E.,Director
.� Division of Water Quality
Coleen H. Sullins, Deputy Director
Division of Water Quality
March 16, 2004
Mr. F.M. Fogleman, President
Fogleman Associates, Inc.
109 Hinton Avenue, #7
Wilmington, NC 28403
NOTICE OF INSPECTION:
Warlick Estates
Stormwater Project No. SW8 970532
New Hanover County
Dear Mr. Fogleman:
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 March 16, 2004 to determine compliance
with Stormwater Permit Number SW8 970532.
A summary of the findings and comments are noted under Section 4 of the report, If you
have any questions please contact me at the Wilmington Regional Office, telephone
number [phone].
Sincerely,
Gary Beecher
Environmental Technician
RSSlghb: S:IWQSISTORMWATIINSPECT1970532
CC' Wilmington Regional Office
Gary Beecher
N. C. Division of Water Quality 127 Cardinal Drive Extension [phone] Customer Service
Wilmington Regional Office Wilmington, NC 28405 [phone] Fax [phone] iz-0ENii

. STORMWATER COMPLIANCE INSPECTION REPORT
Project Name
Project Number:
Warlick Estates
970532 Control Measure: Wet Pond
Water Body: Hewletts Creek Classification: "SA"
Directions to site: Holly Tree Road, Wilmington
2. Inspection Date: March .16, 2004
Weather Conditions: Warm and Dry
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.
❑ ❑ All the built -upon area associated with the project is graded such that the
runoff drains to the system.
❑ ❑ For pondslinfiltration, the outlet/bypass structure relative elevations are
per the approved plan. (Must be verified via as -built survey if in question).
❑ ❑ The inlets and outlet structure are located per the approved plans and do
.not cause short-circuiting.
❑ ❑ A trash rack is provided over the outlet weir and orifice.
❑ ❑ All slopes are grassed with permanent vegetation and are not eroding.
❑ ❑ Vegetated slopes are no steeper than 3:1.
❑ ❑ The approximate amount of permitted surface area has been provided.
(Must be verified via as -built survey or designer's certification.)
❑ ❑ Required drawdown devices are correctly sized per the approved plans.
All required design depths are provided.
❑ ❑ All required parts of the system are provided, such as a vegetated shelf,
and a forebay.
❑ ❑ The designer's certification has been submitted.
❑ ❑ The required deed restrictions are correctly recorded and submitted.
❑ ❑ The number of lots or outparcels is per the permitted amount.
❑ ❑ The built -upon area on the lots or outparcels does not appear to exceed
the maximum amount (must be verified via as -built survey if in question)
❑ ❑ Curb outlet swales are constructed, located properly, are 100' long and
have dense vegetated cover.
❑ ❑ The road, cul-de-sac, parking lot and sidewalk widths are per the
approved plan.
❑ ❑ Required maintenance is being performed.
❑ ❑ Outparcels have their own offsite permit.
❑ ❑ For low density projects, roadside swales are 3:1, vegetated and stable.
❑ ❑ For low density projects, there are no unpermitted pipes on the project.

4. Required Actions: (Explain each deficiency and what needs to be done to bring
the system back into compliance)
(a) The side slopes of the pond are in good condition. There is no visible erosion
present and the slopes have excellent grass coverage on them.
(b) The outlet structure is well built, and appears to be functioning properly.
(c) Only a small amount of trash was visible in and around the pond.
(d) More grass could be added to the top of the pond slope. This appears to be a
maintenance road for access of the outlet structure.
Inspector: Gary Beecher
Water Quality/Wilmington Regional Officel(910) 395-3900 Ext 222
RSS/ghb: S:IWQSISTORMWATIINSPECT1970532

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State of North Carolina
Department of Environment
and Natural Resources
Wilmington Regional Office
James B. Hunt, Jr., Governor
Bill Holman, Secretary
Division of Water Quality
July 21, 2000
CERTIFIED MAIL 97000 0600 0023 4230 1237
17•ri)RN RE4;1 JFT 3IEt i.1 :,STED
Mr. Steven F. Siegel,.Secretary
Fogleman Development Company, Inc.
4404 Pope Road
Durham, NC 27707
Subject: NOTICE OF VIOLATION
Warlick Estates Subdivision
Stormwater Permit No. SW8 970532MOD
New Hanover County
Dear Mr. Siegel:
On July 12, 2000, Wilmington Regional Office personnel performed a Compliance Inspection of
the project known as Warlick Estates Subdivision, located approximately 0.6 miles east of intersection of
Hollytree Road & NC 132, Wilmington in New Hanover County, North Carolina. The inspection was
performed to determine the status of compliance with Stormwater Permit Number SW8 970532MOD,
issued to Fogleman Development Company; Inc. on October 28, 1998.
puts-u.::4: to the requirdinents 01.1 A TvCr;C 2H.1000. The violations found are:
1. Section I., no. 3 Approved plans and specifications for this project are incorporated bIv
rr�ference and are enforceable parts of the permit. When the pond was formed the
niar.c were rof foPowed. The slopes of *•.'gip nand are ararled. aprnoxi!r.^tf-,h: ^ t _
3ypprI ---!co-.r., 1,`_ .. .'i' ice• it.+ _ .'3: ..
Viiliat;nt ofi"e appraved'plat]S;anr' i".'.°:sill;,„�. T.
was approved with a 2 inch outlet orifice, there appears to be a 4 itirh orifice instead.
?. Section II., no. 9 Upon completion rif construction, prior to issuance of a Certificate of
Occupancy, and prior to operation of this permitted facility, a certij ication nnist be
received fi otzz an appropriate designerfor the system installed certijyI;��f that the permitted
facility has been installed in accordance with this permit, the approved plans and
specifications, and other supporting documentation. Any deviations f 0177 the approved
plans and specifications must be noted on the Certification. The required certification for
the stormwater treatment system has not been received by this Office.
127 Cardinal Dr. Ext., Wilmington. Forth Carolina 28405 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/10% post -consumer paper

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Article Addressed to.
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PS Form 3811, July 1999 Domestic Return Receipt 102595-00-PoI-0952

UNITED STATES POSTAL SERVICE First -Class, Mail
Postage & Fees Paid
LISPS'
Permit No. G-10
• Sender: Please print your name, address, and ZJP+4 in this box •
l State of North Carolina
DENR
127 Cardinal Drive Eat.
Wilmington, NC 28405 (Attn: Bev)
�'

Mr. Siegel
July 21, 2000
Storinwater Permit No. SWS 970532MOD
-----------------------------------------------
Section 11., no. 12 (b-e). The permittee shall at all times provide the operation and
maintenance necessary to assure the permitted stormwater system functions at optimum
efficiency, The approved Operation and Maintenance Plan must be followed in its entirety
and maintenance must occur at the scheduled intervals including, but not limited to:
b. Sediment removal.
C. Towing and revegetation of side .slopes.
;t. immediate repair" of eroded areas.
C. Maintenance ofside slopes in accordance with approved plans and
specifications.
There are small portions of the pond slopes overgrown with a vast majority of the slopes
being bare with no vegetation at all. There are areas of erosion along the slopes due to no
vegetation and the steep grade of the banks.
4. Section I1., no. 14. 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 1, Part 2. The recorded statements must follow the form:
a. "The maximum built -upon area per lot is 3, 500 square feet, inclusive of that
portion of the right-of-way between the lot line and the edge of pavement,
structures, pavement, walkivays of brick, stone, or slate, but not including open
wood decking. "
b. "The covenants pertaining to stormwater regulations may not be changed or
deleted without concurrence of the State. "
C. "Alteration of the drainage as shown on the approved plan may not take place
without the concurrence of the State. "
d "Lots within CAMA's Area r f Environmental Concern may be subject to a
in, t.':2i1' b lilt•-i pUn.are l,due to, •u `� il� f:l'e�3.r�_':rlr1•�."
CUFLD.: -1: r d Testrlctiori--, sflos'rr1Et hook and page member, have not
been forwarded to this Office.
To correct these violations you must:
..i _ Fl ryj'Y. �` 7, T•E r i, P.,.-r, i "'S, i '� 1l ' 1"l .. ! !' �� �. ' T .,
i:�. .r..•..li , 1;14CG3 C3! li....;3 r.�e aL;iSoI1.5 YOU V, LII t`[j` .r "1 GUl'�'eut tlli;
.tf !"��' .' r-w'' • il.i`.G�iVl:;J� IWIL:; a Llir;,e''1-a.i,!e Ii1r CLT.IIpieLion of tlaos� at;Lioils, on or l"3CtOn; Juiy 31, 200(Y",
?. Regrade the slopes of floc pond as shown on the approved plans as having a minimum side
slope of 3:1, HN. Securely place an endcap on the 4 inch diameter outlet orifice with a 2
inch hole drilled in the cap. This will give the required 2 inch diameter outlet orifice.
Have the attached Designer's Certification completed, signed, sealed, dated, and delivered
to this Office as soon as the slopes of the pond are regraded.
4. Have the eroded areas surrounding the pond fixed and all the bare spots seeded with an
approved type of grassed vegetation according to the Erosion and Sedimentation Control
Planning and Design Manual. Keep the slopes and banks mowed on a regular basis so that
the grass does not exceed b inches in height.
5. Have a copy of the recorded deed restrictions for this subdivision forwarded to this Office
as soon as possible.

t•
'
r
Mr. Sieuel
July 21, 2000
Storinwater Permit No. SW8 970532MOD
Failure to provide the "Plan of Action" by July 31, 2000, or to correct the violations by the elate
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 and
criminal penalties, pursuant to NCGS 143-215.6A.
By copy of this letter to irrc New Hahovcr County Building Inspector, this Office is requesting that
the Building Inspector consider withholding building permits and Certificates of Occupancy for this
project until this matter is satisfactorily resolved.
If you have any questions concerning this matter, please call Mr. Scott Vinson at [phone].
Sincerely,
Rick Shiver
Water Quality Regional Supervisor
I
RSSlsav: S:IWQSISTORMWATINOTICE1970532.JUL
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DENR - fDWQ
127 Car('-itial Thrive Ext.
Wilmington, NC 28405
I
AUG 0 9 2000
BY:�J
ha; illm7l a217f.' Fl
7000 0600 0023
PC��,
° �• Mr. Stever_ iegel ecretary
�•or,
Aeman De pment Company, Inc.
e Road
27707
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State of North Carolina
.Department of Environment
and Natural Resources
Wilmington Regional Office
James B. Hunt, Jr., Governor
Bill Holman, Secretary
Division of Water Quality 40"* S+ to
Jo�, 2000
CERTIFIED MAIL 97000 0600 0023 4230 1237
RETURN RECEIPT' REQUESTED
Mr. Steven F. Siegel, Secretary
Fogleman Development Con-,pany, Inc.
*4 a� ;t60o- C - G.
Durham, NC 2770E
Dear Mr. Siegel:
�11� I
1 • •
NCDENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
Subject: NOTICE OF VIOLATION
Warlick Estates Subdivision
Stormwater Permit No. SW8 970532MOD
New Hanover County
On July 12, 2000, Wilmington Regional Office personnel performed a Compliance Inspection of
the project 'known as­Warlick Estates Subdivision, located approximately 0.6 miles east of intersection of
Hollytree Road & NC 132, Wilmington in New Hanover County, North Carolina. The inspection was
performed to determine the status of compliance with Stormwater Permit Number SW8 970532MOD,
issued to Fogleman Development Company, Inc. on October 28, 1998.
The project has been found in violation of Stormwater Permit Number 970532MOD, issued
pursuant to the requirerricnts of 15A NCAC 2H.1000. The violations found are:
Section I., no. 3 Approved plans and specifications for this project are incorporated by
reference and are enforceable parts of the permit. When the pond was formed the
approved plans were not followed. The slopes of the pond are graded approximately 2:1,
I-I:V. The minimum requirement, as shown on the approved plans, is 3:1, H:V. The outlet
orifice also appears to be in violation of the approved plans and calculations. The system
was approved with a 2 inch outlet orifice, there appears to be a 4 inch orifice instead.
2. Section 11., no. 9 Upon completion of construction, prior to issuance of a Certificate of
Occupancy, and prior to operation of this permitted facility, a certification must he
received from an appropriate designer for the system installed certifying that the permitted
facilily 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. The required certification for
the stormwater treatment system has not been received by this Office.
127 Cardinal Dr. Ext., Wilmington, North Carolina 25405 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/10% post -consumer paper

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■ Complete items 1, 2, and 3. Also complete
item 4 if Restricted Delivery is desired.
■ Print your name and address on the reverse
so that we can return the card to you.
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or on the front if space permits.
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A. Received by (Please Arent Clearly) I B. Hate of Delivery
C. Signature
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[91%rtified Mail . CJ Express Mail
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11 Insured Mall ❑ C.D.D.
4. Restricted Delivery? (Extra Fee) 0 Yes
2. Article Number (Copy from service label)
_ —7Das f c>(acao
PS Form 3811, July'1999 • . ,r- Domestic Return Receipt 102595-99-M-1789

UNITED STATES POSTAL SERVICE First -Class Mail
Posta
U5P5ge 8 Fees Paid
Permit No. G-10
Sender: Please print your name, address, and ZIP+4 in this box •
State of North Carolina
DENR
127 Cardinal Drive Ext.
Wilmington, NC 28405 (Attn: Bev)
4-70S'3

a
Mr. Siegel
July 21, 2000
Stormwater Permit No. SW8 970532MOD
3. Section Il., no. 12 (b-e). The permittee shall at all times provide the operation and
maintenance necessary to assure the permitted stormwater system functions at optimum
efficiency. The approved Operation and Maintenance Plan must be followed in its entirety
and maintenance must occur at the scheduled intervals including, but not limited to:
b. Sediment removal.
C. Mowing and revegetation ofside slopes.
d. Immediate repair of eroded areas.
C. Maintenance of side slopes in accordance with approved plane and
specifications.
There are small portions of the pond slopes overgrown with a vast majority of the slopes
being bare with no vegetation at all. There are areas of erosion along the slopes due to no
vegetation and the steep grade of the banks.
4. Section II., no. 14. 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. The recorded statements must follow the form:
U. "The maximum built -upon area per lot is 3,500 square feet, inclusive of that
portion of the right-of-way between the lot line and the edge of pavement,
structures, pavement, walkways oj'brick, .stone, or slate, but not including open
wood decking. "
b. "The covenants pertaining to stormwater regulations may not be changed or
deleted without concurrence of the State. "
C. "Alteration of the drainage as shown on the approved plan may not take place
without the concurrence of the State. "
d "Lots within CAMA's Area of Environmental Concern may be subject to a
reduction in their allowable built -upon area due to CAMA regulations. "
The required RECORDED deed restrictions, showing book and page number, have not
been forwarded to this Office.
To correct these violations you must :
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 Ju4y-3`1', 2000.
Av-s?a,o
2. Regrade the slopes of the pond as shown on the approved plans as having a minimum side
slope of 3:1, FLV. Securely place an endcap on the 4 inch diameter outlet orifice with a 2
inch hole drilled in the cap. This will give the required 2 inch diameter outlet orifice.
3. Have the attached Designer's Certification completed, signed, sealed, dated, and delivered
to this Office as soon as the slopes of the pond are regraded.
4. Have the eroded areas surrounding the pond fixed and all the bare spots seeded with an
approved type of grassed vegetation according to the Erosion and Sedimentation Control
Planning and Design Manual. Keep the slopes and banks mowed on a regular basis so that
the grass does not exceed 6 inches in height.
5. Have a copy of the recorded deed restrictions for this subdivision forwarded to this Office
as soon as possible.