SW8000530_Compliance Evaluation Inspection_202100107

v
Z, J 4

HOGUE, HILL, JONES, NASH Sc LYNCH,
L.L.P.
ATTORNEYS AT LAW
1 Ol SOUTH THIRD STREET
WILMINGTON, NC 28401
W. TALMAGE JONES
DAVID A. NASH
P. O. DRAWER 21 78
WILLIAM O. J. LYNCH
WILMINGTON, NC 28402
DAMES B. SNOW 111
TELEPHONE [phone]
WAYNEA. BULLARD
FACSIMILE 310-762-6587
ANNA J. AVERITT
October 5, 2009
OF COUNSEL
CYRUS D. HOGUE, JR.
WILLIAM L HILL, 11 (1931-2001)
VIA HAND DELIVERY AND
CERTIFIED MAIL RETURN RECEIPT REQUESTED
Kirkwood at Arrondale Homeowners
Association, Inc.
2108 Capital Drive, Suite 102
Wilmington, NC 28405
Re: Stormwater Permit and Retention Pond Repairs
Gentlemen:
I am writing on behalf of Fogleman Saffo Turner, Inc. and in regard thereto am
enclosing (i)letter from NCDENR dated August 28, 2009 confirming that Kirkwood at
Arrondale is in compliance with stormwater permit number SW8 000530, (ii)certification
from Phillip G. Tripp, P.E., dated August 28, 2009, that all stormwater systems at the
development are in compliance with the plans and specifications, and (iii)State
Stormwater Permit Name/Ownership Change Form.
As required by the covenants for Kirkwood at Arrondale, the HOA is now
obligated to accept responsibility for the retention ponds and other stormwater facilities.
Please complete section II of the enclosed ownership change form, sign and date the
form in the place provided for the new applicant and return the completed form to me.
We will have the developer sign the form and forward it to NCDENR and ask that they
confirm to you that the change has occurred.
Please call if you have any questions.
Very truly yours,
Enclosures William O. J. Lynch
WOJLivms

Postal
■TIFIED
j r
■
r-3
(Domestic Mail Only;
No Insurance Coverage Provided)
III
a
i
M
F F F 1
�1.. A L
USE
m
�
Postage
�
�fo
certified Fee
..
rU
Posthf4�lc. '.
Q
Return Receipt Fee
CI
(Endorsement Required)
Restricted IMIBrery Fee
0
(Endorsement Required)
LI
Postage 8 Fees
n
4'
•'�
ru
Total
►-
son
irkwood at
Arrondale H_OA_
d
____
--
PtgtNo.o. 2108 Capitol- Dr. ,-- Suite ......
102
c i, smre, ar' Wilmington, NC 28405 WOJL
■ Complete items 1, 2, and 3. Also complete
item 4 if Restricted Delivery is desired. .
E Print your name and address on the reverse
iso that we can return the card to you.,
A Attach this card to the back of the mallpiece,
j or on the frurd if space permits.
1. Article Addressed to:
Kirkwood at Arrondale
Hor..powners Association, Inc.
2108..:Capitol Drive, Suite 102
Wilmington, NC 28405
A.
� ��, ❑ ;gent
❑ Addre
Primed Name) I C. We *QjWl
D. Is dellvery address different from item 1? ❑ Ye.
If YES, enter delivery address below: ❑ No
3. Service Type
=Certified Mail ❑ Expose Mail
❑ Registered 10 Return Receipt bWtdUKftKWW
❑ Insured Mail ❑ C.O.D.
4. Rdstricted Delivery? (Extra Fee) ❑ Yes
c.."LIPIC Iaumoer 7007 2560 0002 4463 3500,
(Transfer from servmce
PS Form 3811„ February 2004 Domestic Return Receipt 102595�-M-5547

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
August 28, 2009
Mr. Mickey Folgeman, President
Fogleman SafFo Turner, Inc.
109 Hinton Avenue, No 7
Wilmington, NC 28403
Subject: NOTICE OF INSPECTION
Kirkwood @ Arrondale
Permit No. SW8 000530
New Hanover County
Dear Mr. Fogleman:
On August 13, 2009, David Cox of the Wilmington Regional Office of the Division of Water
Quality (DWQ) inspected Kirkwood @ Arrondale in New Hanover County to determine
compliance with Stormwater Management Permit Number SW8 000530 issued on October 11,
2003. DWQ file review and site inspection revealed that the site is compliant with the terms and
conditions of this permit. Please find a copy of the completed form entitled "Compliance
Inspection Report" attached to this letter.
Please be advised that you are required to comply with the terms, conditions and limitations of
your Stormwater Management Permit under Title 15A North Carolina Administrative Code 2H
.1003 and North Carolina General Statute 143-214.7, including operation and maintenance of
your permitted stormwater system.
If the project has changed name, ownership or mailing address, a formal change of
name/ownership form must be submitted to DWQ within 30 calendar days detailing the change.
Please provide the name, mailing address and phone number of the person or entity that is now
responsible for this permit.
Please be advised that violations of your Stormwater Management Permit may be subject to the
assessment of civil penalties of up to $25,000 per day per violation. If you have any questions
please contact the David Cox at the Wilmington Regional Office, telephone number (910)-796-
7318.
Sincere
Davl Cox
Environmental Senior Specialist
Enclosure: Compliance Inspection Report
GDS1dwc: S:IWQSISTORMWATERIINSPECT1000530.aug09
cc: John Hennessy-NPS-ACOU
David Cox
WiRO Files
DWQ Central Files
Wilmington Regional Office
127 Cardinal Drive Extension, Wilmington, North Carolina 28405 One
Phone: [phone] FAX: [phone] Customer Service:1-877-623-6748 Nor liCarohna
Internet: www.ncwaterquality.org �R�tur����
An Equal Opportunity 1 Affirmative Action Employer

Compliance Inspection Report
Permit: SW8000530 Effective: 10/11/02 Expiration: 10/11/12
County: New Hanover
Region: Wilmington
Contact Person: Mickey Fogleman Title: President
Directions to Project:
Type of Project: State Stormwater - HD - Detention Pond
Drain Areas: 1 - (CAPE FEAR RIVER) (03-06-17 ) ( SC)
On -Site Representative(s):
Owner: Fogleman Saffo & Turner Inc
Project: Kirkwood Subdivision
Related Permits:
SW8020407 Fogleman Saffo & Turner Inc - Kirkwood Townhomes
Inspection Date: 08/13/2009 Entry Time: 02:30 PM Exit Time: 03:00 PM
Primary Inspector: David W Cox
Secondary Inspector(s):
Reason for Inspection: Follow-up
Permit Inspection Type: State Stormwater
Facility Status: ® Compliant ❑ Not Compliant
Question Areas:
State Stormwater
(See attachment summary)
Phone: [phone]
Phone: [phone]
Inspection Type: Stormwater
Page: 1

Compliance Inspection Report
Permit: SW8000530 Effective: 10/11/02 Expiration: 10/11/12
County: New Hanover
Region: Wilmington
Contact Person: Mickey Fogleman Title: President
Directions to Project:
Type of Project: State Stormwater HD - Detention Pond
Drain Areas: 1 - (CAPE FEAR RIVER) (03-06-17) (SC)
On -Site Representative(s):
Owner: Fogleman Saffo & Turner Inc
Project: Kirkwood Subdivision
Related Permits:
SW8020407 Fogleman Saffo & Turner Inc - Kirkwood Townhomes
Inspection Date: 02/17/2009 Entry Time: 10:30 AM Exit Time: 11:30 AM
Primary Inspector: David W Cox
Secondary Inspector(s):
Reason for Inspection: Other
Permit Inspection Type: State Stormwater
Facility Status: ❑ Compliant ® Not Compliant
Question Areas:
N State Stormwater
(See attachment summary)
Phone: [phone]
Phone: [phone]
Inspection Type: Stormwater
Page: 1

Permit: SW8000530 Owner - Project: Fogleman Saffo & Turner Inc
Inspection Date: 02/17/2009 Inspection Type: Stormwater
Reason for Visit: Other
Inspection Summary:
In order to bring this stormwater system into compliance please submit the Engineers Certificate and repair
and overseed
all bare spots and eroded areas.
File Review
Yes
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?
■
❑
❑ ❑
Copy of the recorded deed restrictions is in the file?
■
❑
❑ ❑
Comment: This office has not received the required Engineers Certification.
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 DWQ ❑ ❑ ❑ ■
upon request?
Comment: Minor erosion and lack of vegetation were observed.
Page: 2

Permit: SW8000530 Owner - Project: Fogleman Saffo & Turner Inc
Inspection Date: 08/13/2009 Inspection Type: Stormwater Reason for Visit: Follow-up
Inspection Summary:
The maintenance and repairs made to the stormwater collection system for Kirkwood Q Arrondale meet the minimum
requirments For this office.
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 DWQ ❑ ❑ ❑ ■
upon request?
Comment:
CUU 6A---....--
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:
■ ❑ ❑ ❑
■ ❑ ❑ ❑
Page: 2

Compliance Inspection Report
Permit: SW8000530 Effective: 10/11/02 Expiration: 10/11/12
Countv: New Hanover
Region: Wilmington
Contact Person: Mickey Fogleman Title: President
Directions to Project:
Type of Project: State Stormwater - HD - Detention Pond
Drain Areas: 1 - (CAPE FEAR RIVER) (03-06-17) (SC)
Ore -Site. Representative(s):,
Owner. Fogleman Saffo & Turner Inc
Project: Kirkwood Subdivision
Related Permits:
SW8020407 Fogleman Saffo & Turner Inc - Kirkwood Townhomes
Inspection Date: 08/13/2009 Entry Time: 02:30 PM Exit Time: 03:00 PM
Primary Inspector: David W Cox
Secondary Inspector(s):
Reason for Inspection: Follow-up
Permit Inspection Type: State Stormwater
Facility Status: E Compliant ❑ Not Compliant
Question Areas:
® State Stormwater
(See attachment summary)
Phone: [phone]
Phone: [phone]
Inspection Type: Stormwater
Page: 1

10/12/2006 00:39 FAX
fmoo1
Construction & Developrnient
FACSIMILE TRANSMITTAL SKEET
i
m r= �-&�wvfio
C MANY: DATE: Ly C b �' ls10 7
PAX N[MMBER, TOTAL NO.OF PAGES = R jr, COVER,
350 - aop;jG y
S1S MUT RUMENM
� �� o ���.�® YOURREFERENC&NV1V1sEx,
i
��//s I
OURGENT 4YWR REVIEW OPLEASE COMMENT OPLEASE REPLY ❑PLEASE RECYCLE
NOTMCOMMMM.-
��r l
109 HINTON AVENUE 17, WILMINGTON, NC 29403
910-452-1131 TEL - 910-452.9463 FAX

10/12/2006 00:39 FAX
Q 002
Fogleman, Saffo, Turner, Inc. June 5, 2007
109 Hinton Ave, Suite 7
Wilmington, NC 28403
(910)452-11;6 ;
Ed Beck
NC DENR Division of Water Quality
127 Cardinal Drive Extension
Wilmington, NC 28405
RE: Notice of Violation
Kirkwood @ Aarondale
Stormwater Pern,,it No. SW8 000530
New Hanover County
Dear Mr. Book, i
Please note the following courses of action regarding the above referenced permit.
i
Violation 'on II-6• PLAN OF ACTI N
Address maintenance issues with regard to
1- Clean-up: This can be accomplished immediately
2- Collection System: This can be completed witl•.1n 60-70 days and/or as quickly as
a subcontractor can be employed.
3- Collection Pond: This can be completed within 60-70 days and/or as quickly as a
subcontractor can be employed,
4- Sparse Vegetadon on Slopes: This will be handled as soon as water is available to
maintain vegetation. Currently Pond #3 is dry and Pond #1 is iow.
Violation II Section H-18:
A copy of recorded deed restrictions is forthcoming.
Violation 3: Section II.10
An engineer (Phil Tripp's office) has been asked to complete and forward a certification
for the system installed.
Thank you for your time and concern in this matter.
Saffo, Turner, Inc.
CC: (Via Mail)
Doky Saffo
Terry Turner
Phill Tripp Engineering
Ed Beck, Regional Supervisor

N
■ CG-tplete itdms 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.
■ Attach this card to the back of the mailpiece,
or on the front if space permits.
1. Article Addressed to:
1qr'C,k1'!y fiv9lPrrtarr
�©� /e-ma-►� , .S ate, �'
b,7 Ave
A.
❑ Agent
X ❑ Addressee
B.Oeceiv rioted Name) C. Date of Delivery
D.—Is delivery acWess different from item 1? ❑ Yes
if YES, enter delivery address below: ❑ No
3Service Type
XCertified Mail ❑ Express Mail
❑ Registered ❑ Return Receipt for Merchandise
❑ Insured Mail ❑ C.O.D.
4. Restricted Delivery? (Extra Fee) ❑ Yes
2. Article Number
(Transfer from seMc d latl i f 1 17 p p 3 9 0 0001 3200 5229
PS Form 3811, August 2001 Domestic Return Receipt 2ACPR1-03-P-4081
CERTIFIED MAIL. RECEIF
Qpmestic &fail Only; No Insurance Covera,
iU
rY I Postage
$ F
�—
ra
C3 certified Fee
5
C3
C3 Return Receipt Fee
W
S
MAY 2 rHeret3T:AtfC
/
(Endorsement Required)
a
O Restricted Ielivery Fee 4h-
E' (Endorsement Required)
r'rl
C3 Total P
ostage &Fees $
V-1
Q Sent To
C3
pq
t'--
or PO Box No.
------------ -- /.(1 --`� �� � - O = 7------------
cJi' in! n A)

,0 .W ATEA Michael F. Easley, Governor
William G. Ross Jr., Secretary
rNorth Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
May 22, 2007
CERTIFIED MAIL #7005 0390 0001 3200 5229
RETURN RECEIPT REQUESTED
Mr. Mickey Fogleman, President
Fogleman, Saffo, Turner, Inc.
1091-linton Avenue No. 7
Wilmington, NC 28403
Subject: NOTICE OF VIOLATION
Kirkwood @ Arrondale
Stormwater Permit No. SW8 000530
New Hanover County
Dear Mr. Fogleman:
On May 8, 2007 Wilmington Regional Office personnel performed a Compliance Inspection of
the subject project, located at Wingate Road in Wilmington, New Hanover County, North
Carolina. The inspection was performed to determine the status of compliance with
Stormwater Permit Number SW8 000530, issued to you on October 11, 2002.
The project has been found in violation of Stormwater Permit Number SW8 000530 , issued
pursuant to the requirements of 15A NCAC 2H.1000. The violations found are:
1. Violation of
000530
a. mowing and revegetation of side slopes
b. Debris removal and unclogging of outlet structure, orifice device and catch
basins and piping.
This includes any area considered part of the collection system
2. Violation of State Stormwater Permit No.SW8 000530 (section II-18):
3.
a. A copy of the recorded deed restrictions must be submitted to the Division
within 30 days of the date of recording the plat, and prior to selling lots. The
recorded copy must contain all of the statements above, bear the signature
of the Permittee, the deed book number and page, and stamp/signature of
the .Register of _needs.
iition
must be received from an appropriate designer for the system installed
certifying that the permitted facility has been installed in accordance with
this permit, the approved plans and specifications, and other supporting
documentation. Any deviations from the approved plans and specifications
must be noted on the Certification.
No hCarolina
Artatura!!y
North Carolina Division of Water Quality 127 Cardinal Drive Extension Wilmington, NC 28405 Phone [phone] Customer Service
Wilmington Regional Office Internet: www.ncwaterquality.org Fax [phone]
An Equal Opportunity/Affirmative Action Employer— 50°% Recycled/10°% Post Consumer Paper

May 22, 2007
Kirkwood @ Arondale
Stormwater Permit No. SW8 000530
To correct these violations you must:
i . 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 June 3, 2007.
2. Please submit the following required documents; recorded deed
restrictions, and a designers certificate
3. Please inspect and address the maintenance issues related to the
stormwater collection system and collection pond. This includes removing
debris that is located within the collection system particularly the section
labeled pond three located on the approved plan. The pond labeled as
number one has sparse vegetation on the slopes that need reseeding.
Failure to provide the 'Plan of Action" by June 3, 2007 or to correct the violations by the
date designated in the "Plan of Action", are considered violations of 15A NCAC
2H.1000, and may result in the initiation of enforcement action which may include
recommendations for the assessment of civil penalties, pursuant to NCGS 143-215.6A.
By copy of this letter to the New Hanover 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 David W. Cox at (910)
796-7215.
Sincer ,
Ed Beck
Regional Supervisor
Surface Water Protection Section
ENB1dwc: S:1WQSISTORMWATINOTICE1000530.may07
cc: Phil Tripp, P.E.
Beth E. Wetherill, New Hanover County Engineering
New Hanover County Building Inspections
David W. Cox
Wilmington Regional Office
Central Office
Page 2 of 4

May 22, 2007
Kirkwood @ Arondale
Stormwater Permit No. SW8 000530
Kirkwood @ Arrondale Page 1 of 2
New Hanover County
Stormwater Proiect No. SW8 000530
Designer's Certification
I, , as a duly registered in
the State of North Carolina, having been authorized to observe (periodically / weekly /
full time) the construction of the project,
(Project)
for (Project Owner) hereby state that, to the
best of my abilities, due care and diligence was used in the observation of the project
construction such that the construction was observed to be built within substantial
compliance and intent of the approved plans and specifications.
Required Items to be checkpd for this certification to be considered complete are on
page 2 of this form.
Noted deviations from approved plans and specifications:
Signature
Registration Number
Date
SEAL
Page 3 of 4

May 22, 2007
Kirkwood @ Arondale
Stormwater Permit No. SW8 000530
Certification Requirements:
Page 2 of 2
1. The drainage area to the system contains approximately the permitted
acreage.
2. The drainage area to the system contains no more than the permitted
amount of built -upon area.
3. All the built -upon area associated with the project is graded such that the
runoff drains to the system.
4. The outlet/bypass structure elevations are per the approved plan.
5. The outlet structure is located per the approved plans.
6. Trash rack is provided on the outlet/bypass structure.
7. All slopes are grassed with permanent vegetation.
8. Vegetated slopes are no steeper than 3:1.
9. The inlets are located per the approved plans and do not cause short-
circuiting of the system.
10. The permitted amounts of surface area and/or volume have been
provided.
-11. Required drawdown devices are correctly sized per the approved plans.
12. All required design depths are provided.
13. All required parts of the system are provided, such as a vegetated shelf,
and a forebay.
14. The dimensions of the system, as shown on the approved plans, are
provided.
cc: NCDENR-DWQ
New Hanover County Building Inspections
Page 4 of 4

Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
September 25, 2006
Mr. Mickey Fogleman, President
Fogleman, Saffo, Turner, Inc.
109 Hinton Avenue No. 7
Wilmington, NC 28403
NOTICE OF INSPECTION:
Kirkwood @ Arrondale
Stormwater Project No. SW8 000530
New Hanover County
Dear Mr. Fogleman:
Alan W. Klimek, P.E. Director
Division of Water Quality
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 September 20, 2006 to determine compliance with Stormwater Permit
Number SW8 000530 issued on October 11, 2002.
A summary of the findings and comments are noted under Section 4 of the report. Please
inform this Office in writing before October 25, 2006 of the specific actions that will be
undertaken and the time frame required to correct the deficiencies. Failure to provide the
requested information, when required, may initiate enforcement action. If you have any
questions please contact me at the Wilmington Regional Office, telephone number (910) 796-
7397.
Sincerely,
-)�� � -S J-�
Gary B c er
Environmental Technician
EB/ghb: S:\WQS\STORMWAT\INSPECT\000530.Sept06
cc: Charles Cazier (Tripp Engineering)
Dean .Hunkele (Kirkwood HOA Rep)
Beth Easley Wetherill (New Hanover County Engineering)
Jeremia May (New Hanover County Inspections)
North Carolina Division of Water Quality 127 Cardinal Drive Extension Wilmington, NC 28405 Phone [phone]
Wilmington Regional Office Internet: www.ncwatercivality.org Fax [phone]
N''or,h�Carolina
dvatira!!y
Customer Service
1-877-623-6748
An Equal OpportunitytAffirmative Action Employer — 50% Recycledl10% Post Consumer Paper

STORMWATER COMPLIANCE INSPECTION REPORT
2.
3.
4
Project Name: Kirkwood at Arrondale
Project Number: 000536 Control Measure:
Water Body: Capp, Ff-,a* Classification:
Kirk .- ood @ Arrondale
SW 000530
September 25, 2006
(3) sto �nt ponds
Directions to site: Carolina @each Road beside Pbiots Ridge Airport
Inspection Date: Septom fba3 201, 2006
Weather Conditions: vva - i ( u'z) dwy
Compliance Issues:
«r Pend x 1-11here are sever ] :are: spots elong thin pond alc:rpe. Old existing silt
fence and posts are still onsita, there is construction debris alone the pond
slope near Cothay Road.
(b) Pond t'-1- Looks good
(c) Pond # 3- Sertirr em. plumes 1.1 fore bay area nearest Pilots Ridge, The fore -bay
at writ:, rn side of pond does nct appear to have a weir in it. It may be present
under ;.iie .?*;tie:tirtg vuget1tion. The southern side of the pond is also
overgr otovn.
Required Actions: (Explain each deficiency and what needs to be done to bring
the system back into compliance)
(a) Pond #1-Place soed wil'Uti mulch and fertilizer an hare spof.°>. Soot would be best
for qL-Jc-kwA result. . Remove tila old silt fence fabri , alTd rnef.as pasts, the
po::ts may be a hae and fo�r children. Remove she con,:A.ruction d bris from the
pond 3icpe near Cathay Rca°t.
(c;i iPond #3- v eniove u1ne sec ir°r nt p!urrge from the fire -bay nearest Pilots Ridge.
Check xc on ,ore weir is still inta t in the i`oro-'pus- at vlevdown side of pond. If
not "Chen it rauut be vc—st-_ bli.shz d.
(d) Sind ua a set of as built glans, Ifle need these because: the situ was not built
,iccorc!ing to tho permitted piams. The swimming pool is not located as it is on
the pert/ ll.1ted plans. tk`e also reed an engineer'; c ertificat on or the ponds,
arld a set 0-s the rocor4°N*:d de.:.d es -frictions. These, iter s, should have been
addhmssed and sub-miited to this office prior to this inspection. If the above
items are: not addressed in a reasonable arnount of time a Notice of Violation
will be issued.
2