SW8000245_Compliance Evaluation Inspection_20201029

Johnson, Kelly
From: Johnson, Kelly
Sent: Thursday, October 29, 2020 3:43 PM
To: Tammie Moore; Mairs, Robb L, [e-mail]; Lowe, Timothy
Cc: Mackenzie Wetherill; Randy Norris; Cindy Norris; Hall, Christine; 'Phil Tripp'
Subject: RE: [External] DECR Permit No. SW8000245 Deer Crossing Homeowners Association
Clarification
Attachments: 2020 09 CEI_BIMS 000245.pdf, 2020 09 CEI_BIMS 000245_2.pdf
Jim, Tim & Robb,
Ms. Moore has questions about Deer Crossing which is along Deer Hill Drive which is off Myrtle Grove Road. Please see
below.
Tammy,
I have inserted the answers to your questions below in blue.
1) Is there a site report for each of these parcels that reveal an assessment was made by DEMLR and/or DEQ that is
conclusive to the compliance standard regulations? Yes. The DEMLR inspector visited the site on September 10,
2020 and did not find any issues. However, the project needed a certification from an engineer that everything
had been constructed appropriately. That was submitted, and I did the final file review to establish compliance
with the State Stormwater permit on September 21, 2020. 1 have attached those two inspection reports.
2) If the SW Permit listed in the Subject Line is in compliance as of now, and in the future the Deer Crossing
homeowners develop issues that involve an excessive amount of erosion that is progressive, what would be a
directive for them as to an understanding of the fiduciary responsibility of the inspection and remediation and
the developer, Wilson Ki or if the ditches are identified as an "existing ditch" are in fact the fiduciary
responsibility of the homeowner now. I have inserted the plans below. When this site was first permitted 20
years ago, the "existing ditch" was shown to be a 3:1 swale inside a 30ft drainage easement running along the
border of this permit. I have cc'd Jim lannucci and Tim Lowe from New Hanover County.
3) The new development (Oak Canopy Drive), Eco Circle, Rustling Leaves Drive and the end portion of Fawn Settle
Drive that are included in the new SW permit Phase III (SW8161011), not included in the Deer Crossing SW
Permit and not maintained by the NCDOT, how will this affect the homeowners of Deer Crossing in the
future? The HOA is permittee for SW8 000245 and is responsible for compliance inside that project
area. Lumina Realty of North Carolina, LLC (Wilson Ki) holds the permit for SW8161011. He is responsible for
compliance inside that permit's project area.
4) PID: R07900-004-033-000 which is 1625 Soaring Spirit, adjoins a plat that has a ditch which has a collection of
water that appears to measure multiple feet in depth. This ditch has large dead and living trees/overgrown
vegetation. It was mentioned by one of our BOD members that this is considered Wetlands. And it is our
understanding that if indeed it is Wetlands, how are the issues of health and safety dealt with if they are not to
be disturbed. There are children in the Deer Crossing Community climbing and playing on the largest dead tree
that you can see is leaning across the ditch in the photo I attached. This is Lot 112 (photo below) and it is
adjacent to wetlands. I have cc'd Robb Mairs with NC401(State Wetlands).
5) if the BOD should ask for me to call Mr. Phil Tripp, PE to ask him to reassess the issues and concerns of my BOD,
would they be charged a fee or are these services be rendered for free since this is included in the SW Permit
000245 that was approved by DEQ and occurred before their transition from the developer? That would be
outside of the State Stormwater permit.
Thanks,
Kelly

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Kelly Johnson
Environmental Engineer
NC Division of Energy, Mineral and Land Resources
Stormwater Permitting
127 Cardinal Drive Extension
Wilmington, NC 28405-3845
Phone: [phone]
Note Change in Phone Number
From: Tammie Moore <[e-mail]>
Sent: Friday, October 23, 2020 10:40 AM
To: Johnson, Kelly <[e-mail]>
Subject: RE: [External] DECR Permit No. SW8000245 Deer Crossing Homeowners Association Clarification
4

Thank you so much Kelly! Have a great weekend I
—Tammie
From: Johnson, Kelly <[e-mail]>
Sent: Friday, October 23, 202010:23 AM
To: Tammie Moore <[e-mail]>
Cc: Mackenzie Wetherill <mes74472email.com>; Randy Norris <[e-mail]>; Cindy Norris <cnorris@cepco-
nc.com>; Hall, Christine <[e-mail]>
Subject: RE: [External] DECR Permit No. SW8000245 Deer Crossing Homeowners Association Clarification
Tammie,
Your questions touch on things that are not necessarily covered under the State Stormwater permit. I have a meeting
with New Hanover County on Thursday to discuss ditches. I will have a better idea of how to answer your questions (or
who to direct you to) after that meeting. But, yes, the project was inspected for State Stormwater and found to be in
compliance in September. I have also inserted your pictures of the feature that is labeled as an "existing ditch" on the
plans into the body of the email so that they do not get stripped off with the various "replies".
Thanks,
Kelly
a
45
5

I-"eL Lujokws0K,
Kelly Johnson
Environmental Engineer
NC Division of Energy, Mineral and Land Resources
Stormwater Permitting
127 Cardinal Drive Extension
Wilmington, NC 28405-3845
Phone: [phone]
Note Change in Phone Number
From: Tammie Moore <[e-mail]>
Sent: Thursday, October 22, 2020 2:56 PM
To: Johnson, Kelly <[e-mail]>
Cc: Mackenzie Wetherill <[e-mail]>; Randy Norris <[e-mail]>; Cindy Norris <cnorris@cepco-
nc.com>
Subject: [External] DECR Permit No. SW8000245 Deer Crossing Homeowners Association Clarification
Good morning Kelly,
i hope this note finds you well. Thank you for researching these questions for my new Board of Directors.

The BOD feel that the photos that I provided you with in my last email regarding the erosion issues that the homeowner
at 6522 Settlers Dream Place PID: R07900-004-138-000 has stated that their back yard fence that has progressively
segregated from the ground underneath it for 5 years eroding into the ditch behind it.
The homeowners at 6538 Rustling Leaves Way PID: R07900-003-482-000 has stated that their home has a great deal of
erosion in their back yard crumbling and Mr. Wilson Ki had his contractors/landscapers fill in the ditches but have since
washed out.
Our questions are as follows:
1) Is there a site report for each of these parcels that reveal an assessment was made by DEMLR and/or DEQ that is
conclusive to the compliance standard regulations?
2) If the SW Permit listed in the Subject Line is in compliance as of now, and in the future the Deer Crossing
homeowners develop issues that involve an excessive amount of erosion that is progressive, what would be a
directive for them as to an understanding of the fiduciary responsibility of the inspection and remediation and
the developer, Wilson Ki or if the ditches are identified as an "existing ditch" are in fact the fiduciary
responsibility of the homeowner now.
3) The new development (Oak Canopy Drive), Eco Circle, Rustling Leaves Drive and the end portion of Fawn Settle
Drive that are included in the new SW permit Phase III (SW8161011), not included in the Deer Crossing SW
Permit and not maintained by the NCDOT, how will this affect the homeowners of Deer Crossing in the future?
4) PID: R07900-004-033-000 which is 1625 Soaring Spirit, adjoins a plat that has a ditch which has a collection of
water that appears to measure multiple feet in depth. This ditch has large dead and living trees/overgrown
vegetation. It was mentioned by one of our BOD members that this is considered Wetlands. And it is our
understanding that if indeed it is Wetlands, how are the issues of health and safety dealt with if they are not to
be disturbed. There are children in the Deer Crossing Community climbing and playing on the largest dead tree
that you can see is leaning across the ditch in the photo I attached.
5) If the BOD should ask for me to call Mr. Phil Trip, PE to ask him to reassess the issues and concerns of my BOD,
would they be charged a fee or are these services be rendered for free since this is included in the SW Permit
0245 that was approved by DEQ and occurred before their transition from the developer?
I really appreciate your help and apologize for the length but my BOD has multiple questions and concerns that I would
like to assist them with and derive their best course of action in directives.
Please leave us a Google Review by clicking HERE!
Thank you,
Tammie Moore
Association Manager
Email: [e-mail]
www.cepco-nc.com
Main: [phone] / Fax: [phone]
Prok-minnnl .#nit b;rii;rn 3'I.rn�r �•mrne
F
1628 Doctors Circle, Wilmington, North Carolina 28401
Office Hours:
Monday through Thursday, 8:30 a.m. - 5:00 p.m.

Friday, 8:30 a.m. —12:30 p.m.
Saturday/Sunday - Closed
CONFIDENTIALITY NOTICE: This e-mail message including attachments, if any, is intended only for the person or entity to which it is addressed and may contain
confidential and /or privileged material. Any unauthorized review, use, disclosure or distribution is prohibited.
If you are not the intended recipient, please contact the sender by reply e-mail and destroy all copies of the original message. If you are the intended recipient but do
not wish to receive communications through this medium, please do advise the sender immediately.
From: Johnson, Kelly <[e-mail]>
Sent: Friday, October 16, 2020 3:36 PM
To: Zorda, Garrett D <garrett.zorda@ncdenr.l;ov>; Tammie Moore <[e-mail]>
Subject: RE: [External] Permit No. SW8000245 for Deer Crossing Homeowners Association Clarification
Ms. Moore,
have attached the permit for Deer Crossing, Phase III (SW8161011) which covers 39 lots per your request. I have the
following note in the SW8 000245 file. The area in yellow is SW8 000245 and the area with the hand-written text is
Phase III.
Zo
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SHEEr C11 & IV
I have drawn an arrow to 6522 Settlers Dream Place. I do not see the other two addresses come up on Google. Can you
clarify where those are located? I assume they are also along this ditch? I have inserted your pictures below. Perhaps I
do not understand the problem? This ditch does not appear to be heavily eroded?

This ditch is shown to be an "existing ditch" on the State Stormwater permitted plan as opposed to a new ditch that
would have been designed for the subdivision. Additionally, the project was certified by a Professional Engineer within
the past month to have been constructed per the approved plan.

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Carolina, tt"ng bwn authorized to obs ew (periaddioally) the cvrninacbm Of ttie
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for N&K De,relotxnwA. Inc. (Pra ed Owrvo hareby state tbeb to the
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Is there something here that I am mis-understanding? This permit appears to be in compliance.
Thanks,
Kelly
K.eUl jokV%,sow
Kellylohnson
Environmental Engineer
NC Division of Energy, Mineral and Land Resources
Stormwater Permitting
127 Cardinal Drive Extension
Wilmington, NC 28405-3845
10

Phone: [phone]
Note Change in Phone Number
From: Zorda, Garrett D <[e-mail]>
Sent: Friday, October 9, 202010:35 AM
To: Tammie Moore <[e-mail]>
Cc: Johnson, Kelly <[e-mail]>
Subject: RE: [External] Permit No. SW8000245 for Deer Crossing Homeowners Association Clarification
Good Morning Ms. Moore,
I have shared your email with my co-worker, Kelly Johnson, whom I have copied on this email, as she is the engineer that
last worked on this project. As such, she is much more familiar with this site than I am and should be able to provide a
more thorough answer to your questions once she has time to review your email and provided documentation.
In the meantime, please let me know if you have any additional questions.
Thanks,
Garrett Zorda
Environmental Engineer
Division of Energy, Mineral and Land Resources — State Stormwater Program
Department of Environmental Quality
910 796 7215 office
910 796 7343 direct "Please note the change to my direct phone number*"
aarrett.zordaD-ncdenr.gov
127 Cardinal Drive Ext.
Wilmington, NC 28405
41X)F�J I 1 1, ;P
P"Wo elwM of O i1iliMy
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.
From: Tammie Moore <[e-mail]>
Sent: Thursday, October 8, 2020 5:23 PM
To: Zorda, Garrett D <[e-mail]>
Cc: Randy Norris <[e-mail]>; Cindy Norris <[e-mail]>
Subject: [External] Permit No. SW8000245 for Deer Crossing Homeowners Association Clarification
Good afternoon Garrett,
11

I hope this note finds you well. It was really nice to speak with you on Tuesday. I have a question for you
regarding the Deer Crossing Permit Number SW8 000245
that had been initiated as a permit to transfer from the Deer Crossing developer and current Permit Holder, N &
K Development, Incorporated (signing official and Deer Crossing developer; Mr. Wilson Ki) from the transfer
of ownership to the Deer Crossing Homeowners Association. I understand that your department has been
provided with the following documents: Impervious Area Summary, the latest inspection report, and the SW8
000245 State Stormwater Management Permit that was dated September 21, 2020 but in order for you to
address the questions and concerns for the Deer Crossing HOA and the newly appointed Board of Directors I
have attached additional documents such as Site maps, Open Space Deed Reviews, The Site, Grading,
Drainage, Erosion Control Management and Utility Plan Number 05011 and the Adjacent Parcel Zoning Plan.
The SW Permit Design Standards in Permit Number SW8000245 identifies only 139 lots in Section II. I need
clarification regarding the SW8 131307 Impervious Allocation Summary as well as the other parcels within the
Deer Crossing Development that appear to be deeded to the developer, Wilson Ki as well leave approximately
20 or more plats that I am not certain fall within the standards of this permit since there was no mention of them
in Section II.
The new areas within Deer Crossing include, to my knowledge, are part of a newer portion of the Deer
Crossing Community, which contain roadways and parcels located on Fawn Settle, Rustling Leaves and on Eco
Circle. The Deer Crossing Homeowners at the following addresses have informed me of substantial issues
regarding erosion that have been an ongoing issue for more than 5 years that have not been addressed by the
developer, Mr. Wilson Ki with no avail:
6534 Rustling Leaves, Wilmington NC 28404, 6522 Settlers Dream, Wilmington NC 28404, and 1477 Eco
Circle, Wilmington NC 28404.
I have assessed the home located at 6522 Settlers Dream and I have attached photographs of the area of
erosion in which the homeowners back lawn and fence are falling into the drainage ditch which runs along the
neighboring plats. My personal opinion and recommendation would be to construct a retention wall along the
banksides adjacent to the drainages ditches that should be filled with materials that are designed by civil and
structural engineers to ensure the formational integrity of the remediation and provide directives accordingly
such as using gravel as opposed to fill dirt due to withstand the pressure and movement to the back of the
retention wall. I have emailed the developer, Mr. Wilson Ki, and I have provided him with the photos, as well
as sent a copy of the email correspondence to the homeowner, although I did not provide a directive of any
kind. Mr. Ki did respond back to me by copying me on an email and to his maintenance landscaper, Norberto,
to go to the home and assess the matter. The homeowner has stated to me that this issue has been ongoing and
for during the 5 years his home and fence have been receding into the drainage ditch. As you and I were
discussing the hypotheticals that I presented you with on Tuesday, I believe that you stated that if the ditch in
question is confirmed to be part of the swale, it would fall under the responsibility and accountability as such.
My question is do all plats within the Deer Crossing Community fall under the jurisdiction of the SW8000245
Storm Water Permit that has be obtained. And if not could you provide us with directives as to how we can
proceed.
I understand that you have a great deal on your agenda and this is a tremendous task. Understandably the
Homeowners at Deer Crossing as well as myself are concerned about the possible ramifications if they have not
been identified as part of this Storm Water Permit and should have been. Could you please review all of the
documents I have provided for you and address the status of the 20 plus additional plats that are not reflected in
the permit's Design Standards.
Please let me know if you should need any further information or documentation on this matter.
Thank you,
Tammie Moore
12

Association Manager
Email: [e-mail]
www.cepco-nc.com
Main: [phone] / Fax: [phone]
I'nnreminnnl a'imm ijoicon 1MUnjigenivi t
1628 Doctors Circle, Wilmington, North Carolina 28401
Office Hours:
Monday through Thursday, 8:30 a.m. - 5:00 p.m.
Friday, 8:30 a.m. —12:30 p.m.
Saturday/Sunday - Closed
CONFIDENTIALITY NOTICE: This e-mail message including attachments, if any, is intended only for the person or entity to which it is addressed and may contain
confidential and /or privileged material. Any unauthorized review, use, disclosure or distribution is prohibited.
If you are not the intended recipient, please contact the sender by reply e-mail and destroy all copies of the original message. If you are the intended recipient but do
not wish to receive communications through this medium, please do advise the sender immediately.
13

Johnson, Kelly
From:
Zorda, Garrett D
Sent:
Friday, October 9, 2020 10:35 AM
To:
Tammie Moore
Cc:
Johnson, Kelly
Subject:
RE: [External] Permit No. SW8000245 for Deer Crossing Homeowners Association
Clarification
Good Morning Ms. Moore,
I have shared your email with my co-worker, Kelly Johnson, whom I have copied on this email, as she is the engineer that
last worked on this project. As such, she is much more familiar with this site than I am and should be able to provide a
more thorough answer to your questions once she has time to review your email and provided documentation.
In the meantime, please let me know if you have any additional questions.
Thanks,
Garrett Zorda
Environmental Engineer
Division of Energy, Mineral and Land Resources — State Stormwater Program
Department of Environmental Quality
910 796 7215 office
910 796 7343 direct *'"Please note the change to my direct phone number"
qar, ett.zoa daa ncder-r. (;cv-
127 Cardinal Drive Ext.
Wilmington, NC 28405
D7,.Ei*�
f. eo .hrii irlli' and rr Cc] riird parties,
From: Tammie Moore <[e-mail]>
Sent: Thursday, October 8, 2020 5:23 PM
To: Zorda, Garrett D <[e-mail]>
Cc: Randy Norris <[e-mail]>; Cindy Norris <[e-mail]>
Subject: [External] Permit No. SW8000245 for Deer Crossing Homeowners Association Clarification
"ood afternoon Garrett,

I hope this note finds you well. It was really nice to speak with you on Tuesday. I have a question for you
regarding the Deer Crossing Permit Number SW8 000245
that had been initiated as a permit to transfer from the Deer Crossing developer and current Permit Holder, N &
K Development, Incorporated (signing official and Deer Crossing developer; Mr. Wilson Ki) from the transfer
of ownership to the Deer Crossing Homeowners Association. I understand that your department has been
provided with the following documents: Impervious Area Summary, the latest inspection report, and the SW8
000245 State Stormwater Management Permit that was dated September 21, 2020 but in order for you to
address the questions and concerns for the Deer Crossing HOA and the newly appointed Board of Directors I
have attached additional documents such as Site maps, Open Space Deed Reviews, The Site, Grading,
Drainage, Erosion Control Management and Utility Plan Number 05011 and the Adjacent Parcel Zoning Plan.
The SW Permit Design Standards in Permit Number SW8000245 identifies only 1391ots in Section II. I need
clarification regarding the SW8 131307 Impervious Allocation Summary as well as the other parcels within the
Deer Crossing Developmen a appear to be deeded to the developer, Wilson Ki as well leave approximately
20 or more plats that I am not certain fall within the standards of this permit since there was no mention of them
in Section II. Sw 8I (o I Ott ?
The new areas within Deer Crossing include, to my knowledge, are part of a newer portion of the Deer
Crossing Community, which contain roadways and parcels located on Fawn Settle, Rustling Leaves and on Eco
Circle. The Deer Crossing Homeowners at the following addresses have informed me of substantial issues
regarding erosion that have been an ongoing issue for more than 5 years that have not been addressed by the
developer, Mr. Wilson Ki with no avail:
6534 Rustling Leaves, Wilmington NC 28404, 6522 Settlers Dream, Wilmington NC 28404, and 1477 Eco
Circle, Wilmington NC 28404.
I have assessed the home located at 6522 Settlers Dream and I have attached photographs of the area of
erosion in which the homeowners back lawn and fence are falling into the drainage ditch which runs along the
neighboring plats. My personal opinion and recommendation would be to construct a retention wall along the
banksides adjacent to the drainages ditches that should be filled with materials that are designed by civil and
structural engineers to ensure the formational integrity of the remediation and provide directives accordingly
such as using gravel as opposed to fill dirt due to withstand the pressure and movement to the back of the
retention wall. I have emailed the developer, Mr. Wilson Ki, and I have provided him with the photos, as well
as sent a copy of the email correspondence to the homeowner, although I did not provide a directive of any
kind. Mr. Ki did respond back to me by copying me on an email and to his maintenance landscaper, Norberto,
to go to the home and assess the matter. The homeowner has stated to me that this issue has been ongoing and
for during the 5 years his home and fence have been receding into the drainage ditch. As you and I were
discussing the hypotheticals that I presented you with on Tuesday, I believe that you stated that if the ditch in
question is confirmed to be part of the swale, it would fall under the responsibility and accountability as such.
My question is do all plats within the Deer Crossing Community fall under the jurisdiction of the SW8000245
Storm Water Permit that has be obtained. And if not could you provide us with directives as to how we can
proceed.
I understand that you have a great deal on your agenda and this is a tremendous task. Understandably the
Homeowners at Deer Crossing as well as myself are concerned about the possible ramifications if they have not
been identified as part of this Storm Water Permit and should have been. Could you please review all of the
documents I have provided for you and address the status of the 20 plus additional plats that are not reflected in
the permit's Design Standards.
Please let me know if you should need any further information or documentation on this matter.
Thank you,
Tammie Moore
I
2 I
I

Association Manager
Email: tmoore cepcc-rc.com
ww,.v.ce pco-nc. corn
Main: [phone] / Fax: [phone]
�twaf+R{s�en.�i �'•wfk+talt+ust �,�I!'haSlr *41rr,�1t
910 b
IP 4C 4D
1628 Doctors Circle, Wilmington, North Carolina 28401
Office Hours:
Monday through Thursday, 8:30 a.m. - 5:00 p.m.
Friday, 8:30 a.m. —12:30 p.m.
Saturday/Sunday - Closed
CONFIDENTIALITY NOTICE: This e-mail message including attachments, if any, is intended only for the person or entity to which it is addressed and may contain
confidential and /or privileged material. Any unauthorized review, use, disclosure or distribution is prohibited.
If you are not the intended recipient, please contact the sender by reply e-mail and destroy all copies of the original message. If you are the intended recipient but do
not wish to receive communications through this medium, please do advise the sender immediately.