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HomeMy WebLinkAboutSW8000220_Compliance Evaluation Inspection_20190115Lewis,Linda From: Brown, Creighton A Sent: Tuesday, January 15, 2019 9:26 AM To: Lewis,Linda Subject: FW: [External] Re: Leland Stormwater (Magnolia Greens, Parkview at Brunswick Forest, .Wedgewood, and Lanvale Trace) From: David Hollis <dhollis@townofleland.com> Sent: Monday, January 14, 2019 9:28 PM To: Johnson, Kelly <kelly.pJohnson@ncdenr.gov> Cc: Sams, Dan <dan.sams@ncdenr.gov>; Scott, Georgette <georgette.scott@ncdenr.gov>; Brown, Creighton A <creighton.brown@ncdenr.gov>; Missy Rhodes <mrhodes@townofleland.com>; Niel Brooks <nbrooks@townofleland.com> Subject: [External] Re: Leland Stormwater (Magnolia Greens, Parkview at Brunswick Forest, Wedgewood, and Lanvale Trace) E rernal email.' Do not dick links or open attazdunents unless you verilted. Send all :suspucious email as art attachment to Kelly Thanks for looking into these stormwater projects The issue in Magnolia Greens is that the pond never draws down, despite the requirement in the permit that it is supposed to drawdown in 2 to 5 days. If the irrigation is not utilized, the pond stays full all the time. Also, there has been modifications that have occurred since the original construction to the outlet. There may also be pipes that were supposed to be part of the original design within the roadways but were not installed. The certification may or may not have indicated any of the deviations from the permitted design. Parkview in Brunswick Forest has been reported to have water from the adjacent stream overtopping the bank or emergency spillway during moderate to heavy rain events, essentially back feeding the pond and reducing its available capacity for runoff water from the drainage boundary. In addition, the tailwater of the adjacent stream may not have been accounted into the outlet design. Also, there was a concern about the pond being built in the 100 year flood plain, or what would be the extension of the floodplain, as it ends just short of the pond along Low Country Blvd and is not defined further along the stream regardless of similar elevations. Wedgewood concerns are related to water backing up in the drainage pipe system that extends through the roadways and ponding in the streets. Also, the pond banks near the homes are reported to be eroding or not built to the proper slopes originally. Lanvale Trace concerns are regarding the elevations of the pond banks, forebay, and the catch basin grates in the road adjacent to the pond. The entrance road is covered in water during moderate to heavy rains. The outlet box does not have an orifice pipe. The outfall is the roadside ditch, with the flow crossing under the road through a culvert not very far down the road. The tailwater may not have been accounted for in the outlet design and the outfall on the east side of the road may be impaired from the original design time frame. This is the same outfall that Wedgewood drains into. I hope this helps define the issues. If you need any additional information, please let me know Thanks again, David David A. Hollis Town Manager Town of Leland 102 Town Hall Drive Leland, NC 28451 Direct: (910) 371-1249 Main: (910) 371-0148 www.townofieland.com All messages sent to or from this email account are subject to North Carolina public records law From: Johnson, Kelly Sent: Friday, January 11 3:55 PM Subject: Leland Stormwater (Magnolia Greens, Parkview at Brunswick Forest, Wedgewood, and Lanvale Trace) To: David Hollis Cc: Sams, Dan, Scott, Georgette, Brown, Creighton A David. We received the two attached letters from Brenda Bozeman just before Christmas. She is asking about flooding and stormwater concerns in Magnolia Greens, Parkview at Brunswick Forest, Wedgewood, and Lanvale Trace. Our inspector spent most of the day in these subdivisions trying to work through these issues, and will return next week. It is a pretty big undertaking. Could you elaborate on the specific areas of concern? Is there a specific location and/or issue within each permit that is of interest? All of the projects in question have been certified by engineers to have been constructed per the plan. But, there could be maintenance issues. One of the letters asks about the large lake in Magnolia Greens (SW8 000220) which the Town had Cape Fear Engineering study last year. The drawdown mechanism for the pond is golf course irrigation. It is designed as a non -discharge system. The weir is only in place to lower the pond before large rain events. They likely didn't irrigate as much in 2018 given all the rain we received, and so the water hasn't drawn down. If the permittee/HOA would like to modify the design, then they can apply to modify the permit to an alternate configuration. If you could direct us to the specific other areas that need to be inspected in these subdivisions that would be helpful. Thanks, and have a great weekend. Kelly Kelly Johnson Kelly Johnson Environmental Engineer NC Division of Energy, Mineral and Land Resources Stormwater Permitting 127 Cardinal Drive Extension Wilmington, NC 28405-3845 Phone: 910.796.7331 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. Lewis,Linda From: Sent: Scott, Georgette Tuesday, January 15, 2019 10:38 AM To: Lewis, Li nda Subject: FW: Received today, complaint call, Terry Miller, resident Magnolia Greens Linda, III- is from Lhe complc:ini y`esterdzy. This is foi- your info and to put a copy in th-- fil -'. Tilanks Georgette Scott State Stormwater Program Supervisor Department of Environmental Quality Office (910) 796 7215 . Fax (910) 350-2004 Georae te_Scottncdenr.rov 127 Cardinal Drive Ext. Wilmington, NC 28405 KI Z�- Comp,31 $ C _"lc'_ v, ..f)i; .. ? tf)!5 aCMlit 15 SuflJ£'Ct tQ I. r t ti .. _ (_:'•1' iw id may, by d ..srA,se.. to thrfd p artier. From: Scott, Georgette Sent: Monday, January 14, 2019 11:27 AM To: Hay, Patricia <Patricia.Hay@ncdenr.gov>; King, Morella s <morella.sanchez-king@ncdenr.gov> Cc: Sams, Dan <dan.sams@ncdenr.gov>; terrymiller08O9@gmail.com; Hall, Rhonda B <rhonda.hall@ncdenr.gov>; Brown, Creighton A <creighton.brow n@ncdenr.gov> Subject: RE: Received today, complaint call, Terry Miller, resident Magnolia Greens Christine and Creighton already dealt with him last week. They are 31readv working on it. If he calls aga'n, please send him to Creighton's phone. Georgette Scott State Stormwater Program Supervisor Department of Environmental Quality Office (910) 796 7215 Fax (910) 350-2004 Georgette.ScottL-a'ncd rir.gov 127 Cardinal Drive Ext. Wilmington, NC 28405 E'ria :".-D37b`SG rr1l1C!%C'i' tw and f c'm this is -Irt the From: Hay, Patricia Sent: Monday, January 14, 2019 11:20 AM To: Scott, Georgette<fzeorgette.swott��ncden;-.gov>; King, Morella s <;r.:nrelle. n irc'.?:_kify7' �ncdenr.c�ry> _._ s r _ Cc: Sams, Dan <damsanns. knf.:!:-p"foV>; t+ rvl,iili!ri",'zs19�! !ri._w';i.c i_�i; Hall, Rhonda B <;•3(,-.,i'.a.;sGli�'�!,ric-doi-.r.i.,.v> Subject: Received today, complaint call, Terry Miller, resident Magnolia Greens Hello all — Mr. Terry Miller called this morning to speak with Georgette Scott regarding an ongoing erosion and flooding issue adjacent to his property in Magnolia Greens. He did not want to leave a voice mail so I had the receptionist forward his call to me. He reports that with each rain event, sediment and debris washes into an adjacent waterbody (creek?), and also experiences flooding. The situation has been exacerbated by Hurricane Florence. There may also be a conservation easement. He understands that the Magnolia Greens stormwater permit is under the jurisdiction of the Town of Leland but believes that he also has recourse with the State of NC. Mr. Miller can be reached at the above email address or by calling 910-399-7472. Best regards, Patricia Patricia Fuller Hay Office Manager Wilmington Regional Offic_a Division of Environmental Anistance 8. C-ostomer Ceivice: N(' Qc•na.t.nnent of En_vironrrenta:3 lit gi* Phone 910 796 7404 Email Patricia. Hay;ZDrs.•d +inaQy Courier #04-16-33 Fax 910-350-2004 NCDEQ Wilmington Regional Office 127 Cardinal Drive Ext. Wilmington, NC 28405 Compliance Inspection Report Permit: SW8000220 Effective:05113/13 Expiration: 05/12/19 Project: The Lakes at Magnolia Greens Owner. Magnolia Greens Master Association Inc County: Brunswick Adress: NC Hwy 17 Region: Wilmington City/State/Zip: Belville NC 28451 Contact Person: Bert Exum Title: President Phone: 910-392-7201 Directions to Project: Located along the north right-of-way on Hwy 17 approx. 1000 ft. Northeast of the Hwy 17 and Lanvale Road interseciton. Type of project: State Stormwater - HD - Detention Pond Drain Areas: 1 - (Jackeys Creek) (03-M-17) ( C;Sw) On -Site Representative(s): Related Permits: SW8970104 Magnolia Greens Master Association Inc - Magnolia Greens Golfcourse Master F SW8020522 Magnolia Greens Master Association Inc - Glendale at Magnorin Greens SW8990628 Maanolia Greens Master Association Inc - Fairwav Vllace At Magnolia Greens Inspection Date: 01/11/2019 Entry Time: 11:20AM Exit Time: 11:45AM Primary Inspector: Creighton A Brown Phone: 910-796-7215 Secondary Inspector(s): Kelly Johnson Reason for Inspection: Routine Inspection Type: Compliance Evaluation Permit Inspection Type: State Stormwater Facility Status: M Compliant ❑ Not Compliant Question Areas: State Stormwater (See attachment summary) page: 1 Permit: SW8000220 Owner - Project: Magnolia Greens Master Association Inc Inspection Date: 01/11/2019 Inspection Type Compliance Evaluation Reason for Visit: Routine Inspection Summary: The weir in the photos is at the temporary pool elevation, and there has been little recent rain. The Town reports that the pond does not drawdown to the permanent pool elevation. This pond is permitted to drawdown via irrigation on the golf course. If irrigation is no longer working as a drawdown mechanism due to higher annual rainfall, then the permittee should modify the permit to add a drawdown orifice. File Review Yes No NA NE Is the permit active? N ❑ ❑ ❑ Signed copy of the Engineer's certification is in the file? E ❑ ❑ ❑ Signed copy of the Operation & Maintenance Agreement is in the file? 0 ❑ ❑ ❑ Copy of the recorded deed restrictions is in the file? N ❑ ❑ ❑ Comment: Deed restrictions are in SW8 970104 Built Upon Area Yes No NA NE Is the site BUA constructed as per the permit and approval plans? 0 ❑ ❑ ❑ Is the drainage area as per the permit and approved plans? 0 ❑ ❑ ❑ Is the BUA (as permitted) graded such that the runoff drains to the system? N ❑ ❑ ❑ Comment: SW Measures Yes No NA NE Are the SW measures constructed as per the approved plans? ■ ❑ ❑ ❑ Are the inlets located per the approved plans? 0 ❑ ❑ ❑ Are the outlet structures located per the approved plans? 0 ❑ ❑ ❑ Comment: Operation and Maintenance Yes No NA NE Are the SW measures being maintained and operated as per the permit requirements? N ❑ ❑ ❑ Are the SW BMP inspection and maintenance records complete and available for review or provided to ❑ ❑ ❑ DWQ upon request? Comment: page: 2 State Stormwater Inspection Report General Project Name: Permit No: SW8 papaad Expiration Date: Contact Person: Phone Number: Inspection Type: Inspection Date: / I Time In: Time Out: Current Weather: I Recent Rain (Date)? - 1 Rain ___ in Facility Address / Location: I City: Zip: County: Lat: "N Long: "W Permit Information Rule Subject to (circle one): 1988 Coastal Rule 1995 Coastal Rule 2008 Coastal Rule Session Law 2006-246 Goose Creek High Quality Waters Outstanding Resource Waters Density (circle one): High (HD) Low (LD) Stormwater Best Management Practices (BMPs) (insert number of each). - 'Wet Ponds Infiltration Basins Infiltration Trenches LD Swales Stormwater Wetlands Dry Ponds Bioretention Permeable Pavement Sand filters (circle one) Open Closed Cistern Level Spreader/Filter Strip Other (specify): File Review Yes No N/A N/E 1. Is the permit active? �/10.i 1 2. Signed Engineer's Certification on file? 3. Signed Operation and Maintenance agreement on file? rI UO ^01 IF I PI 4. Recorded Deed Restrictions on file? ac e, Site Visit: Built Unon Area (BUA) Yec, Nn N/A N/F 5. BUA is constructed and consistent with the permit requirements? } 6. BUA (aspermitted) is graded such that the runoff drains to the system? (high density only)I 7. Drainage area is consistent withpermit? (i.e. no un ermitted drainage to the SW BMPs) I 8. Drainage area is stabilized? (to reduce risk of sedimentation to the SW BMPs) Site Visit: Stormwater BMPs Yes- N_o _ _N_/A_ N/E 9. Stormwater BMPs are located per the approved plans? - 10. Stormwater BMPs have dimensions (eg. length, width, area) matching the approvedplans? 1 11. Stormwater BMPs are constructed per the approved plans? Site Visit: Oneration and Maintenance Ypc Mn NIA N/F 12. Access points to the site are clear and well maintained? 13. Trash has been removed as needed? 14. Excessive landscape debris (grass clippings, leaves, etc) is controlled? 15. Stormwater BMPs being operated and maintained as per the permit requirements? 16. Inspection and Maintenance records are available for inspection? (high density only, 1995 - present only) , �ILI Site Visit: Other Permit Conditions Yes No NIA N/E 17. Is the site compliant with other conditions of the permit? I I I i Site Visit: Other Water Quality Issues Yes No NIA N/E 18. Is the site compliant with other water qualitv issues as noted durine the inspection? I I State Stormwater Inspection Report, Version 3.0_3-09 Page 1 of 2 State Stormwater Inspection Report ` Comments TV�10-F ICwt,13 WcwU A-.., I - &,N'v pot\ d..,Sn pP u Inspection Pictures (some of the pictures taken during the site visit) Compliance Status a Compliant ❑ Non -Compliant Letter Sent (circle one): Yes No Letter type: CEI NOV NOVRE Other Date Sent Reference Number: Inspector Name and Signature: L+���` Y7irav� - Date: /_1At State Stormwater Inspection Report, Version 3.0_3-09 Page 2 of 2 Lewis,Linda From: Lewis,Linda Sent: Monday, January 07, 2019 5:38 PM To: Scott, Georgette; Johnson, Kelly, Sams, Dan Cc: Christine Hall (christine.hall@ncdenr.gov); Pusey, Steven; Brown, Creighton A; Zorda, Garrett D Subject: FW: [External] Leland Inquiry The October 15, 2018 letter from the Tow; of Leland also alleges that the system only has the "ability" to drawdown to elevation 21.76. 1 do not understand the basis for this state lent because irrigation is the only means of drawing down the pond. The irrigation pumps cannot cause the water level to drop below the permanent pool at 21, so it would make sense that the float switch for the irrigation pump should already be set to turn OFF =ihen the water level reaches 21.0. As I said, there are options. If irrigation alone is not cutting it, then the HOA should modify the permit to add an orifice to aid in drawdown when irrigation is not enough or when it is not needed. Or, if the pond cannot draw down below 21.76, as alleged in the letter, then the HOA can modify the permit to make 21.76 the new permanent pool elevation and raise the overflow weir elevation by a like amount. Of course, raising the water level won't help alleviate flooding. As I stated in my August 2018 email, although the pond was sized to contain a 25 year storm event, the pipe system in the street that conveys the runoff to the pond was only designed to accommodate a 10 year storm. I suggested that the engineer look into the possibility of upsizing existing pipes and/or adding "relief' pipes to help move the rain off the street and into the pond. We haven't received any proposed plans for that or for any other modification to the Lakes at Magnolia Greens. Any inspection reports and letters we send to the HOA should include all of this information and options. Linda From: Lewis,Linda Sent: Monday, January 07, 2019 4:49 PM To: Scott, Georgette <georgette.scott@ncdenr.gov>; Johnson, Kelly <kelly.p.johnson@ncdenr.gov>; Sams, Dan <dan.sams@ncdenr.gov> Cc: Hall, Christine <Christine.Hal I@ncdenr.gov>; Pusey, Steven <steven.pusey@ncdenr.gov>; Brown, Creighton A <creighton.brown@ncdenr.gov>; Zorda, Garrett D <garrett.zorda@ncdenr.gov> Subject: RE: [External] Leland Inquiry For the Lakes at Magnolia Greens, the Town's letter references weir elevation; discrepancies, which we do not have the necessary surveying equipment to verify. The pond has been certified. My previous experience with the 000220 permit is that there are some homeowners who want the level of the pond to remain high to provide an aesthetically pleasing appearance, and will manipulate the weir structure in sortie way to keep the water level high. Of course, when there's a hurricane on the horizon, they want to pump down the pond ASAP. They are essentially treating this pond as an amenity, and not as a stormwater treatment facility. Please also note that the 000220 pond relies solely on irrigation to draw down — there is no orifice. The top of the weir is set at 23.5 to allow any excess runoff a means to exit the pond. The stored runoff between 21 and 23.5 is used tc. irrigate the golf course, but that has hardly been necessary lately, which is probably a factor in the flooding. and is a compliance issue if the, pond is not being drawdown via irrigation. That's the problem — is difficult to know what the truth is here because each side has their own version. Linda From: Scott, Georgette Sent: Monday, January 07, 2019 4:25 PM To: Johnson, Kelly <kelly.p.iohnson@ncdenr.gov>; Sams, Dan <dan.sams@ncdenr.gov> Cc: Lewis,Linda <linda.lewis@ncdenr.gov>; Hall, Christine <Christine.Hall @ncdenr.gov>; Pusey, Steven <steven.pusey@ncdenr.gov>; Brown, Creighton A <creighton.brown@ncdenr.gov>; Zorda, Garrett D <garrett.zorda @ncdenr.gov> Subject: RE: [External] Leland Inquiry d •a �� :.. i:t i.�^ s; t0 � Mule Sur, fiat., me c'�,ii,� _. taG f rnit. ? his l ll.i�s ItS I-Spondiz. t' 'r 0 >'::gal :;'.�:: ih� c rnpc..iir .� ;;'�:. _ :r:o ti tl:�; 4 .u,.' rt n : i.�;t Oit` + s,. stc n :�n ?. ti;3QJ — or i-ioi V.?e pro bL-n., is a b acI y i- S-st�'rr r .:tcad,.ng ihat Ls. F-,uriuriI'd :cti „ ��r:. Georgette Scott State Stormwater Program Supervisor Department of Environmental Quality Office (910) 796 7215 Fax (910) 350-2004 Georrett:,�. Scot .Cw!,,rdsnr. gov 127 Cardinal Drive Ext. Wilmington, NC 28405 Nothing Compares .. __,.. ;ecr to the. . at:r:)+" �.. . �. ...'S2Ct�, rfyf (e'^ii....�. From: Johnson, Kelly Sent: Monday, January 07, 2019 2:16 PM To: Sams, Dan <dan.sams@ncdenr.gov>; Scott, Georgette <georgette.scott@ncdenr.gov> Cc: Lewis,Linda <linda.lewis@ncdenr.gov>; Hall, Christine <Christine.HaII@ncdenr.gov>; Pusey, Steven <steven.Pusey@ncdenr.gov>; Brown, Creighton A <creighton.brown@ncdenr.gov>; Zorda, Garrett D <ga rrett.zorda @ ncdenr.gov> Subject: RE: [External] Leland Inquiry Dan & Georgette, I am follnwirg :jp to the rloodirg/stormwater issues the Town of Leland askocl us to loci;. into for five permits just before Christmas. The certifications for all five ponds are attached. Please advise if you would like to have us inspect these projects as well before you respond to Raleigh. 1. SW8 000220 (The Lakes at Magnolia Greens): The pond is designed to hold in excess of what we nor,oi.11y require. It holds the 25yr storm so that they can irrigate the golf course, but the piping network is only designed for the 10yr s�orm. (We would normally only have required to hold 1" of vvater, which is much less than the 25yr or 10yr storm vents.) The systL;n was cert fied in 2007, and the Tovin hir:A an eriginect to study ti:e situation in 2017. If they found that the drawdown w(-'.r is insufficient to dray vdown to the permanent pool cr if the weir has failed, then t~re weir needs to be repaired and restorer': to its design condition. Linda has be:=r► in discussion with Leland's Town Manager, David Hollis, about this issue. (Her email is attuchead.) 2. SW8 970104 (Magnolia Greens Master Plan): It was certified in 201.2. Creibhton did an inspection for one area on 12/3/18. They %,,,cre in the process of maintaining swaies to the permitted condition. 3. SW8 050529 (Brunsvvic's< Forest, Pari<viekv): It k.rvas certified in 2009. No recent complaints on file. 4. SW8 031055 (Wedewood): It was certified in 2C08. No recent complaints on file. 5. SW8 110903 (Lanvale Trace-): Ft was certified in 2011. No rcccnt orY►plriints on file. ?hanks, Kelly From: Johnson, Kelly Sent: Friday, December 21, 2018 10:44 AM To: Sams, Dan <dan.sams@ncdenr.gov>; Scott, Georgette <georgette.scott@ncdenr.gov> Cc: Lewis,Linda <linda.lewis@ncdenr.gov>; Hall, Christine <Christine.Hall@ncdenr.gcv>; Pusey, Steven <steven.pusey@ ncdenr.gov> Subject: RE: [External] Leland Inquiry pulled these five files. 'rhree of them have no recent complaints, and have been certified. Christinz.-i issued a compliant inspection for anothcr one this week, and there are emails with Linda with the final one, but it dc-_,sn't appear to be an issue. Let's regroup after the holidays. All of the files are on the floor in my office. From: Sams, Dan Sent: Thursday, December 20, 2018 5:18 PM To: Scott, Georgette <geor9ette.scott@ncdenr.gov> Cc: Lewis,Linda <linda.lewis@ncdenr.gov>; Hall, Christine <Christine.Hall@ncdenr.gov>; Johnson, Kelly <kelly.p.iohnson@ncdenr.gov>; Pusey, Steven <steven.pusev@ncdenr.gov> Subject: FW: [External] Leland Inquiry Georgette: I don't know if this is a situation to which one of the engineers is up-to-date, but if not we may need to investigate to see if something other than a 100+ inches of rain over the past calendar year is to blame for the inability to drain within the 2-5 day timeframe. , Thanks.... clan Division of Energy, Mineral, and Land Resources — Land Quality Section Department of Environmental Quality 910-796-7215 dian.sam;@ncdenr.?ov E-mail correspondcnce to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third pg- rties. From: Lucas, Annette Sent: Thursday, December 20, 2018 5:07 PM To: Sams, Dan <dan.sams@ncdenr.eov> Cc: Smith, Danny <danny.smith@ncdenr.eov>; Vinson, Toby <toby.vinson@ncdenr.gov> Subject: FW: [External] Leland Inquiry Dan, Danny has asked thF1 I forward this to you for you a!I Xi investigate. Please let Danny, Toby and me 'f;t iw-v when you havaa a chance to look into it. Thanks, Annette From: Smith, Danny Sent: Sunday, December 16, 2018 11:00 AM To: Lucas, Annette <annette.lucas@ncdenr.gov> Cc: Smith, Danny <danny.smith@ncdenr.gov> Subject: FW: [External] Leland Inquiry Hey Annette — Let discuss this when you get back into the office. I want to make sure we have contacted the Assistant Town Manager and the RO. Thanks Danny Danny Smith, Interim Director Division of Energy, Mineral and Land Resources E-Mail: danny.smith@ncdenr.gov 1612 Mail Service Center Raleigh, North Carolina 27699 From: Gregson, Jim Sent: Thursday, December 06, 2018 2:54 PM To: Smith, Danny <danny.smith@ncdenr.gov> Subject: FW: [External] Leland Inquiry Jim Gregson Deputy Director Division of Water Resources Department of Environmental Quality 1611 Mai] Service Center Raleigh,'_\C 27699-1611 919.707.9147 Direct Jim.gregsonCic ncdenr.gov Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. From. Niel Brooks <nbrooks@townofleland.com> Sent: Thursday, December 06, 2018 8:42 AM To: Gregson, Jim <iim.gregson@ncdenr.sov> Subject: [External] Leland Inquiry CAM,JGN:nless veri#ied. Send „all suspicious email as an attachtnenW Mr. Gregson, In October, the Town of Leland sent two letters (attached) inquiring about stormwater compliance issues in Leland. I am not aware of any formal response from NCDEQto these requests. Can you please update me on the status of these requests so I can update our Mayor and Town Council? Thanks! Niel Brooks Assistant Town Manager Town of Leland 102 Town Hall Dr. Leland, NC 28451 Direct: (910) 332-4818 Mobile: (910) 512-3728 www.townofieland.com All messages sent to or from this e-mail account are subject to the NC public records law. Taws of eland Grog our fllhrce_ t3oud5biN ow mos_ 102 Town Hall Drive - Leland, North Carolina 28451 (910) 371-0148 -Fax (910) 371-1073 October 15, 2018 Jim Gregson Regional Supervisor, Water Resources, Water Quality Regional Operations Section NCDEQ Wilmington Regional Office 127 Cardinal Drive Ext. Wilmington, NC 28405-1651 RE: Leland Subdivision Stormwater Permits Mr. Gregson, In response to requests from citizens concerned about stormwater and flooding in their neighborhoods, the Town requests that NCDEQ work with the responsible parties to review and determine if existing infrastructure is in compliance with existing state stormwater permits for the following subdivisions: Parkview Subdivision (Brunswick Forest): SW8 50528 Wedgewood Subdivision: SW8 031055 Lanvale Trace Subdivision: SW8 110903 Thank you for considering this request and please feel free to contact Town Manager David Hollis with any questions. Sincerely, Brenda BozemA- Mayor Brenda Bozeman Pat Batleman Michael Callahan Mayor Mayor Pro Tern Councilrnember Bob Corriston Bob Campbell David A. Hollis Counciimember Counciimember Town Manager STATE OF NORTH CAROLINA Department of Environmental Quality 127 Cardinal Drive Extension Wilmington, North Carolina 28405 (910) 796-7215 . 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It 000, ra Signature and Name of F' usiness Date Time In Time Out Please attach a business card to this form COPIES MADE PAID INVOICE Lewis,Unda From: Lewis,Linda Sent: Friday, August 17, 2018 8:35 AM To: 'David Hollis' Subject: RE: [External] Leland flooding investigation David: think the allegation that the water level has not been close to 21 it a decade must be stermr,ming frorn another allegation. Pani of the flood study the To;vn corn.missioned says so, nething about the declininmg use of the pond for irrigating the golf course. Irrigation is the only (pend-nifted)1'Peans of drawing down the pond in times of' normal rainfall, so if thal need for irrigation water has declined, tlmen obvIOUSly, the water level in the pond will most likely rennain above 21, and will most likely not be able to draw down to 21 witlmout assistance. I have indicated to the 11-110A that they consider modifying the permit to add a permanent drawdown orifice which will facilitate drawdown to the pearanEni pool during times of excess rainfall or back-to- back storms. The ability to drew dwivn the pond before a major storm hits remains unchanged. Linda From: David Hollis[mailto:dhollis@townofleland.com] Sent: Friday, August 17, 2018 7:30 AM To: Lewis,Linda <linda.lewis@ncdenr.gov> Subject: Re: [External] Leland flooding investigation Linda, Thanks for the clarification. I think the meeting went well the other night. I was careful to not declare compliance or not. One interesting note from the meeting, Mr. Steelberg, the president of the HOA, said that the pond has not been at elevation 21 in about a decade. Again, thanks for the information and clarification. < David David A. Hollis Town Manager Town of Leland 102 Town Hall Drive Leland, NC 28451 Direct: (910) 371-1249 Fax: (910) 371-1073 vV'wy'%tovif o11elai)d.f.'•:Jrn NOTICE: Pursuant to North Carolina General Statutes Chapter 132, Public Records, this electronic mail message and any attachments hereto, as well as any electronic mail message(s) that may be sent in response to it may be considered public record and as such are subject to request and review by third parties. CONFIDENTIALITY NOTICE: This message, including any attachments, is for the sole use of the intended recipient(s) to which it is addressed and may contain confidential, privileged or proprietary information. If you have received this information in error, you are hereby notified that any review, dissemination, distribution or copying of this information is strictly prohibited. If you have received this message in error, please notify the sender immediately and destroy the original message, attachments and all copies thereof. Thank you From: Lewis,Linda <linda.lewis(c@ncdenr.gov> Sent: Tuesday, August 14, 2018 4:42:10 PM To: David Hollis Subject: RE: [External] Leland flooding investigation I appreciate it, David. It's a very fine line. That is a different hail game. In one of my previous emails to thy; HOA, we discussed that the consultant designed the po id to contain the 25 year storm, 8" of rail, but only designed the network of collection pipes for a 10 year storm. There is apparently one intersection th-A always floods, and I offered some possible solutions to aL4viate that problem. The weir is essentially there for the purpose of allok-vina the HOA to drain clown this, non -discharging pond before a large storm or hurricane hits. !t sere,es no other ;purpose from a stormviater conip!iance standpoint. it must be maintained so that ifie water level is maintained at elevation 21 (sycept in times of drought, when it may dip lower) and so that the water level can bui!d up to elevation 23.5 before the irrigation pumps come on to start drawing clown the water level buck to elevation 21. In this case, the design of the weir (concrete, woad, flashboard) is unimportant to cOmpliance — it iu4 needs to function for ±`s intended purpose, which ;s to [ceep w ater �i the pond b-atcveen elevations 21 and 23.5, and to ailovv the HOP. to drain down the pond befoive large storms. If the deign of the weir drips not allow this to Occur, or if the weir has faiiYcd, then the weir needs to be, re faired and restored to achieve the above -slated rwoiction, or the permit needs to be modif lei!. Linda From: David Hollis[mailto:dhollis@townofleland.com] Sent: Tuesday, August 14, 2018 3:55 PM To: Lewis,Linda <linda.lewis@ncdenr.gov> Subject: Re: [External] Leland flooding investigation Linda Thanks. We understand fully that compliance is determined by you and your group. We are primarily concerned about how the drainage or lack of drainage is damaging the roadway pavement, which is why Council undertook the study. I will be careful how the compliance matter is stated and addressed. Cape Fear Engineering indicated that the outlet weir had been modified from the permitted design and they didn't find any record of a permit modification to allow the change. I think that was part of their statement about not being in compliance, but they may have overstated their assumption of compliance with regard to water levels. Thanks again for the information. We certainly don't intend to over step our limitations or give the perception we are infringing on your authority, oversight, and enforcement. All the best, David David Hollis Town Manager Leland NC Growing our future. Nourishing our roots. From: Lewis,Linda Sent: Tuesday, August 14, 3:32 PM Subject: FW.'External] Leland flooding investigation To: David Hollis David I am forwarding to you my email to Angie Barker, relaying some important information about the Magnolia Greens pond before your meeting this evening. Georgette and I want to be sure that you understand that a determination of compliance lies with the Division, not with the Town of Leland. As indicated below, if irrigation is no longer achieving the 2-5 day drawdown, then we would agree that a compliance issue exists. I made the HOA aware of their options to achieve compliance back in February 2018. There is no application in house to modify the permit at this time. Linda From: Lewis,Linda Sent: Tuesday, August 14, 2018 3:02 PM To: Angie Barker (abarker .cepco-nc.com) <abarker&cepco-nc.com> Subject: FW: [External] Leland flooding investigation Angie This is what I sent to the HOA (via Ms. Deasy) regarding the permanent pool elevation in the pond. I read the report and offered these comments. I think some of the confusion may be in what the definition of "maintain" is. Maintaining the permanent pool at elevation 21 is not intended to mean that the water level cannot ever be higher or lower than 21. As described below, this wet pond fills with runoff from the drainage area up to the temporary pool elevation of 23.5, and is supposed to be slowly drawn down by use of the irrigation pumps, back to elevation 21 within 2-5 days. I went through the permit after we spoke and this pond was permitted as a "non -discharge" pond. The only means of drawing down the 8" design storm is currently permitted as pumping for irrigation of the golf course. If irrigation alone does not achieve the 2-5 day drawdown, then I would have to agree with the Town that the pond is not in compliance with the permit. If the irrigation pump is running as required, and if the pond is drawing back down to elevation 21 in 2-5 days, then there is no compliance issue. It's a simple matter to modify the permit to add an orifice to assist in drawing down the pond during the times when irrigation water isn't used as much. Linda From: Lewis,Linda Sent: Wednesday, February 21, 2018 9:10 AM To: 'camellia I. deasy' <dncdeasy(a)_gmail.com> Subject: RE: [External] Leland flooding investigation In regard to the permanent pool elevation of 21, 1 will explain how this pond is permitted to work. A wet pond designed in 2000, had several design standards that it was required to meet: It must be designed to maintain a minimum of 3 feet of permanent pool depth - this pond was designed with a permanent pool depth of four feet. It must provide sufficient surface area to meet the SA/DA ratio. For a 4-foot deep pond, this minimum ratio is 2.47%, or 182,837 sf of surface area to be provided. This pond provides 599,882 sf of surface area. It must be designed to store the minimum design storm volume above the permanent pool elevation. The minimum volume to store is 1.47 million cubic feet. This pond stores 1.62 million cubic feet of volume between the permanent pool at 21 and the temporary pool elevation of 23.5. However, it is acknowledged that at certain times of the year or during drought, the permanent pool elevation may naturally drop down below 21, which is fine. The permit prohibits the permittee from pumping down the permanent pool elevation below 21, even with irrigation. It must drawdown the design storm within 2-5 days. The original developer wanted to use the pond as a source of irrigation for the golf course, so this pond was designed to store 8" of rain instead of the standard one inch of rain. The original designer indicated in the original engineering report that the irrigation needs of the golf course would meet the required 2-5 day drawdown. It appears that the latest engineering report is acknowledging that perhaps relying solely on irrigation as the means to meet the 2-5 day draw down requirement isn't working as it was intended. The 21 and 23.5 elevations are in the permit today, but they can be changed by submitting a permit modification. If the HOA doesn't want to use the pond for irrigation anymore, or wants to add an orifice, or change the outlet structure design, or reduce the design storm, then these things can be accomplished by a permit modification. Until that modification is submitted and approved, the engineering report is correct that the permanent pool elevation of 21 must be maintained except as noted in item 3 above. Linda Lewis, E.I. Environmental Engineer III Division of Energy, Mineral and Land Resources Department of Environmental Quality 910-796-7215 Office linda. iewisCcD-ncdenr.gov Wilmington Regional Office 127 Cardinal Drive Extension Wilmington, NC 28405 Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. From: camellia I. deasy [mailto:dncdeasyCa-gmail.com] Sent: Tuesday, February 20, 2018 7:49 PM To: Lewis,Linda <linda.lewis(c)-ncdenr.gov> Subject: Re: [External] Leland flooding investigation CAUTION: External email. Do not click links or open attachments unless verified. Send all suspicious email as an attachment to Report Spam. Ok . When I have the results I will send them. I was concerned about the permit interpretations . The report states that the pond is not in compliance unless the water level in kept at 21 feet. On February 20, 2018, at 5:09 PM, "Lewis, Linda" <Iinda.lewisa_ncdenr.gov> wrote: I'm not sure what you want from me. The state does not regulate flooding. If the option that the HOA selects requires changes to the way the pond is drawn down or to the pond elevations, that option should be submitted to the Division for review and permitting. Until I have an application in front of me, I have no comment to provide. Linda From: dennis deasy [maiIto. dncdeasyCcD-gmail. com] Sent: Tuesday, February 20, 2018 11:14 AM To: Lewis,Linda <Iinda.lewis(a)-ncdenr.gov> Subject: [External] Leland flooding investigation CAUTION: External email. Do not click links or open attachments unless verified. Send all suspicious email as an attachment to Report Spam. Leland flooding investigation Prepared by cape fear engineering, Oct 2017. Mrs. Lewis. I apologize for sending this to you. I know you have answered these issues in the past, but we would like your comments since there seems to be several misunderstandings in this report. Dennis deasy Grounds /pond/flooding committee Sent from Mail for Windows 10 STATE OF NORTE( CAROLINA Department of Envkomnental and Nataral Resoi =s 127 Cardinal Drive Fsgensioa WHmbpn, North Carolina 28405 (910) 796 7215 FILE ACCESS RECORD SECTION SW TIMB/DATB 3aNewt NAME R-EPRESENTINC ftdeiiues for Access. The staff of Wi�m on regional Dice is dedicated to Making public records in OM custody readily avmlable to the public for review and copying We also bVe the MPr&ili#.y to the public to safeguard thme records and to cagy out our day to -day program obligations. Flease read carefully the following gu cielm es signing the form f. Due to to Imp public demand for file access, we request that you call at least a day iu advance to schedule an appolatment to review the files. A-RD0-hLtMAbL18 Il be l ftd uled between 9i00am and 3:0onm. Viewing fte cods at 4A5pm. Aft a tom' Ziihou t aai pt"gktMent mayview the ti ies to fibs extent first time and staff Mgrvisian is ayaitable. 2. You. Mgt specify files you want to review by f$elly,-name. The number of fdw brat you m y review at one tfine will be hmited to five. 3. You may make copies ofa file wlaeenthe copier is not in use byihe staffand iftune permits. Cost per copy is $.05 cents. Payment may be. made by check, money order, or each at the recepffoxi desk. potties totaling $5 00 or more can be invoked for your eonyalki e. 4- FLU MUST EE KEPT IN OR1= YOU FOUND MM, ' Files may not be takers $om the offi.ce.- To remove, alien, deface, mutilate, or destroy material in one OMNI; MOLLS efea misdemeanor for which yon. can be fined up to $500.04. No bdefoases. Iwo -toles, . ate - uexnTk d in the file review area. & 1n accordance with Creneral Statae 25-3-512, a $25.00-pmcessbg fee will be charged and collected -for cheeks on which payment has been refused. 7�ACII.iTY NAME 3. 4. CQUNTY io 40 Signature and Name of Fitniftidness Date Time in Time Out Please attach a busEness card to this form COPIES MADE PAID u T01 SA &ainBe acows Lewis,Linda From: Jody Bland <jbland@ntengineers.com> Sent: Monday, December 14, 2015 2:34 PM To: Lewis,Linda Cc: Phil Norris Subject: Re: Meeting request for Permit #SW8 000220 Attachments: image001.png; image002.png Follow Up Flag: Flag Status: Follow up Flagged Hi Linda I just wanted to give you a heads up about a few things regarding the meeting tomorrow. We met with the HOA pond/ stormwater committee on Friday (12-11). 1 will be attending the meeting as well as 2 members of the HOA tomorrow. Below are a few items we discussed Friday: • Modifying the storage volume of the non -discharge permit. Is it possible to lower the non -discharge amount below the 25yr storm? There have been discussions/ questions as to whether then pond/ weir elevation can be lowered (-1.0') to Elev. 22.5'. • If the 25yr storm is the required volume for non -discharge permits then we would like to discuss possibly converting this pond to a more traditional pond with controlled discharge. • Is it possible to have a conventional pond that also provides irrigation water to golf course. The golf course says it needs minimum 1' of stored water (above normal pool?). • If no other feasible alternatives are determined then discuss lowering weir outlet to minimum storage elevation (elev. 23.3')(a - 0.2' drop from current weir elevation) in approved calculations & widening of spillway to reduce pond peak in larger storm events. The HOA is having all the ponds in the system surveyed (including the finger lakes). The property owners & HOA have concerns about lowering the pond level too much as they feel that doing so may lower the water level in the finger lakes to an unsatisfactory levels. They are looking for ways to improve the drainage of their SD system without wholesale modification to the existing SD system. In review of the supplied design calculations we have determined that the most cost effective means to improved performance within the system is to lower its starting HGL (=pond peak) thus lowering its peak during rain events. Just some stuff to think about.... I think the perfect solution is to be able to modify the pond to a more traditional pond that operates and discharges with more frequency than the 25 yr storm but also has additional storage volume built into it to provide the irrigation volume necessary to support the golf course during dry periods. Any help and insight tomorrow will be appreciated. Thanks, Joseph (Jody) K. Bland, P.E. NORRIS & TUNSTALL CONSULTING ENGINEERS PC -- 1429 Ash -Little River Rd Ash, NC 28420 910-287-5900 1 910-287-5902 (F) ibland@ntengineers.com It is the professional opinion of Norris & Tunstall Consulting Engineers, P.C. and Norris, Kuske & Tunstall Consulting Engineers, Inc. that this electronic information provides design information current as of the date of its release. It shall be the responsibility of the party receiving the data to examine it to see that it contains the necessary files and information requested. In transferring the files in electronic media format, Norris & Tunstall Consulting Engineers, P.C. and Norris, Kuske & Tunstall Consulting Engineers, Inc. makes no representations as to the usability or readability of documents resulting from the use of software application packages, operating systems, or computer hardware differing from those used by Norris & Tunstall Consulting Engineers, P.C. and Norris, Kuske & Tunstall Consulting Engineers, Inc. in the preparation of such data. From: Linda Lewis Date: Thursday, December 3, 2015 at 4:41 PM To: Jody Bland Subject: RE: Meeting request for Permit #SW8 000220 See you then. Linda From: Jody Bland [mailto:ibland@nteneineers.coml Sent: Thursday, December 03, 2015 4:37 PM To: Lewis,Linda <linda.lewis@ncdenr.eov> Cc: Weaver, Cameron <cameron.weaver@ncdenr.gov>; Phil Norris <pnorris@nteneineers.com>; Nancy Howell <nhowell@nteneineers.com> Subject: Re: Meeting request for Permit #SW8 000220 10am is good for us Thanks, Joseph (Jody) K. Bland, P.E. NORRIS & TUNSTALL CONSULTING ENGINEERS PC. 1429 Ash -Little River Rd Ash, NC 28420 910-287-5900 1 910-287-5902 (F) jblandgntengineers.com It is the professional opinion of Norris & Tunstall Consulting Engineers, P.C. and Norris, Kuske & Tunstall Consulting Engineers, Inc. that this electronic information provides design information current as of the date of its release. It shall be the responsibility of the party receiving the data to examine it to see that it contains the necessary files and information requested. In transferring the files in electronic media format, Norris & Tunstall Consulting Engineers, P.C. and Norris, Kuske & Tunstall Consulting Engineers, Inc. makes no representations as to the usability or readability of documents resulting from the use of software application packages, operating systems, or computer hardware differing from those used by Norris & Tunstall Consulting Engineers, P.C. and Norris, Kuske & Tunstall Consulting Engineers, Inc. in the preparation of such data. From: Linda Lewis Date: Thursday, December 3, 2015 at 4:32 PM To: Jody Bland Cc: "Weaver, Cameron", Phil Norris, Nancy Howell Subject: RE: Meeting request for Permit #SW8 000220 Let's meet at 10 am — does that work for you? Linda From: Jody Bland [mailto:ibland@nteneineers.com] Sent: Thursday, December 03, 2015 4:05 PM To: Lewis,Linda <linda.lewis@ncdenr.eov> Cc: Weaver, Cameron <cameron.weaver@ncdenr.eov>; Phil Norris <pnorris@nteneineers.com>; Nancy Howell <nhowell@ntensineers.com> Subject: Re: Meeting request for Permit #SW8 000220 Thanks for the info Linda. A meeting on the 15th will work for us. You name the -time... I have a copy of the pond & pipe calculations, in the meantime, I will review and hopefully develop a couple of possible remediation strategies. Thanks, Joseph (Jody) K. Bland, P.E. NORRIS& 1 V NS TALL CONSULTING ENGINEERS PC.: 1429 Ash -Little River Rd Ash, NC 28420 910-287-5900 1 910-287-5902 (F) jbland@ntengineers.com It is the professional opinion of Norris & Tunstall Consulting Engineers, P.C. and Norris, Kuske & Tunstall Consulting Engineers, Inc. that this electronic information provides design information current as of the date of its release. It shall be the responsibility of the party receiving the data to examine it to see that it contains the necessary files and information requested. In transferring the files in electronic media format, Norris & Tunstall Consulting Engineers, P.C. and Norris, Kuske & Tunstall Consulting Engineers, Inc. makes no representations as to the usability or readability of documents resulting from the use of software application packages, operating systems, or computer hardware differing from those used by Norris & Tunstall Consulting Engineers, P.C. and Norris, Kuske & Tunstall Consulting Engineers, Inc. in the preparation of such data. From: Linda Lewis Date: Thursday, December 3, 2015 at 3:44 PM To: Jody Bland Cc: "Weaver, Cameron", Phil Norris, Nancy Howell Subject: RE: Meeting request for Permit #SW8 000220 Jody- I don't think I can accommodate a meeting next week — I'm already scheduled for 2 vacation days (Monday & Tuesday), and I've got a lot of review work to get done before the 2 week holiday break. The earliest I could meet is December 15. The Division investigated a complaint of flooding at Magnolia Greens several years ago in connection with the transfer of this permit to the HOA. The situation was thoroughly researched to the point of exhaustion. The HOA was made aware that flooding is not a violation of the permit, but if that flooding is a result of failure to maintain the pond, then we will consider that a violation. There are a few simple issues associated with the flooding that were discovered after all that research: 1. The pond is designed to store a 25 year storm, but the piped collection system that conveys the runoff is only designed for a 10 year storm. 2. The permitted pond is actually a series of individual ponds interconnected by piping. The water level is supposed to rise and fall as one. It has been alleged that the piping is too small and doesn't allow for the uniform rise and fall of the water elevation within each pond. It has been alleged that the smaller ponds receive the lion's share of the runoff and because the interconnected piping might be too small or clogged up, the water tends to back up and flood the road in a couple of places. 3. Folks who live along the canal that leads to the outlet structure like to "adjust" elevations as they see fit and not tell anyone. The possible fixes that the Division proposed were to upsize the collection system or provide an overflow within the. catch basins that redirected some of that runoff to the second larger pond in the series rather than into the smaller first pond. Other alternatives were intended to facilitate better flow, including to add more pipes under the road crossings at various elevations or to replace the pipes with box culverts or to just bridge the entire road. The final thing was to make the outlet structure inaccessible to residents. Let me know about meeting on the 15th asap. Thanks, Linda Lewis, E.I. Environmental Engineer III Division of Energy, Mineral and Land Resources Department of Environmental Quality 910-796-7215 Office linda.lewisna.ncdenr.gov Wilmington Regional Office 127 Cardinal Drive Extension Wilmington, NC 28403 ^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: Jody Bland [mailto:ibland@ntenaineers.coml Sent: Thursday, December 03, 2015 9:40 AM To: Weaver, Cameron <cameron.weaver@ncdenr.eov>; Lewis,Linda <linda.lewis@ncdenr.eov> Cc: Phil Norris <pnorris@nteneineers.com>; Nancy Howell <nhowell@nteneineers.com> Subject: Meeting request for Permit #SW8 000220 Hi Cameron/ Linda, I wasn't sure whom to contact to request a meeting so I chose you guys. We have been hired by the HOA at Magnolia Greens to review & analyze options for the no discharge pond related to the subject permit above. During the recent heavy rain events, they experienced some road flooding in some of the neighborhood streets which drain to this pond. They have requested that we review & explore options to help reduce/ alleviate these occurrences. A couple of options proposed involve modifying the outlet condition of this pond. We felt it may be best to have sit down meeting to discuss options and history related to this pond since we did not originally design this system. Please provide some available dates & times and we hope we can coordinate a meeting in the near future. Currently, both my calendar and Phil's calendar are pretty open next week. I anticipate that a meeting should take about 30 minutes. Thanks, Joseph (Jody) K. Bland, P.E. NORRIS & TUNSTALL CONSULTING ENGINEERS PC. 1429 Ash -Little River Rd Ash, NC 28420 910-287-5900 1 910-287-5902 (F) jbland@ntengineers.com It is the professional opinion of Norris & Tunstall Consulting Engineers, P.C. and Norris, Kuske & Tunstall Consulting Engineers, Inc. that this electronic information provides design information current as of the date of its release. It shall be the responsibility of the party receiving the data to examine it to see that it contains the necessary files and information requested. In transferring the files in electronic media format, Norris & Tunstall Consulting Engineers, P.C. and Norris, Kuske & Tunstall Consulting Engineers, Inc. makes no representations as to the usability or readability of documents resulting from the use of software application packages, operating systems, or computer hardware differing from those used by Norris & Tunstall Consulting Engineers, P.C. and Norris, Kuske & Tunstall Consulting Engineers, Inc. in the preparation of such data. STATE OF NORTH CAROLiNA Department of Environmental and Natural Resources 127 Cardinal Drive Extension Wilmb&n, North Carolina 28405 (910) 796-7215 FMF ACCESS RECORD SECTION T.i WATE s NAME 'J f REPRESENTING Guidelines for Access: The staff of Wilmington Regional. Office is dedicated to making public records in our custody readily available to the public for review and copying. We also have the responsibility to the public to safeguard these records and to carry out our day-to-day program obligations. 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To remove, alter, deface, mutilate, or destroy material in one of these files is a Misdemeanor for which you can be fined up to $500.00. No briefcases, lame totes, etc. are Rpmitted in the file review area. 5. In, accordance with General Statue 25-3-512, a $25.00 processing fee will be charged and collected for checks on which payment has been refused FACILITY NAME COUNTY 1. � e'J; � y. SCE 10 ;- / u� r 2. 3. 4. 4r fW N iuflrivll SlAtiature and Date Time In Please attach a business card to this form COPIES MADE PAID DTV0ICE S:Admin.fle, access �=15 Time Out Cox, David From: Cox, David Sent: Tuesday, July 30, 2013 9:49 AM To: 'Charles Meier Subject: RE: Magnolia Greens Weir Attachments: Flooding Memo 2003.pdf (Charles, Is this what you are looking for? This policy was drafted before my time. If you need anything else let me know. David From: Charles Meier [mailto:cdm@mwglaw.com] Sent: Wednesday, July 10, 2013 12:50 PM To: Cox, David; pnorris@ntengineers.com Cc: Scott, Georgette; abarker@cepco-nc.com; dennismichaliga@gmail.com Subject: RE: Magnolia Greens Weir See attached. Charles D. Meier MARSHALL, WILLIAMS & GORHAM, LLP. 14 S. Fifth Street WilmingWrl, VIC 28401 Phone: (910) 763--9891 Fax: (910) 343-8604 This messagemaycontain information that is atWrney work product, attorney -client privileged or otherwise confidential. If you are not an intended recipient, the use or disclosure of this message is sb** prollftnad. if you received this message in error, please notify the sender by reply elml, and delete Sm message and any attachments. As provided for in U.S. Treasury regulations, any advice relating to federal taxes that is contained in this communication cannot be used for the purpose of avoiding any penalties thatmaybeimpnsQd under the Interal Revenue Code. Please be advised thatthis is a communication from a debt collector and any information obtained maybe used for that purpose. From: Cox, David fmaft:david.wxox6na1enr gov] Sent: Friday, June 28, 2013 9:01 AM To: Charles Meier Cc: Scott, Georgette Subject: RE: Magnolia Greens Weir Charles, I put a little more thought in to this situation, and if the HCIA request this in a formal letter describing the situation and how they are going to operate the weir, I can respond. It has always been my understanding that my role is to respond to formal requests, but not document an email response in a formal letter. My supervisor will have to give me signing authority or sign herself. Thank you, David Cox From: Charles Meier fmailto:cdm6mvrg1aw.com1 Sent: Monday, June 24, 2013 11:56 AM To: Cox, David; abarker0mpoo-nc.com; denrusmligaftmail.com Cc: Scott, Georgette Subject: RE: Magnolia Greens Weir Great, could I get that statement in a letter on your letterhead referencing the permit #? Charles D. Meier MARSHALL, WILLIAMS & GORHAM, L.L.P. 14 S. Fifth Street Wilmington, NC 28401 Phone: (910) 763-9891 Fax: (910) 343-8604 This message may contain information that is attorney work product, attcrney-client privileged or otherwise confidential. If you are not an intended recipient, the use or disclosure of this message is strictly prohibited. if you received this message in error, please notify the sender by reply e-mail, and delete the message and any attachments. As provided for in U.S. Treasury regulations, any advice relating to federal taxes that is contained in this communication cannot be used for the purpose of avoiding any penalties that may be imposed under the Interal Revenue Code. Please be advised that this is a communication from a debt collectorand any information obtained may be used for that purpose. From: Cox, David fmailto:david.w.cox0ncdenr gcnr.] Sent: Monday, June 24, 2013 11:47 AM To: Charles Meier Cc: Scott, Georgette Subject: RE: Magnolia Greens Weir Charles, discussed this ;with my supervisor and we determined that Operations and Maintenance Agreement gives you permission to operate the weir. The only thing this office would require is notification when the HOA is drawing down the system for flood control. David Cox From: Charles Meier fmai1to:cdm0mwg1aw.00m1 Sent: Friday, June 21, 2013 1:20 PM To: Cox, David Cc: abarker0cepao-nc.arT ; dennisrnidttaliga�gn l.C= Subject: Magnolia Greens Weir David, enjoyed speaking with you yesterday. As we discussed, the Association would request that the permit that would cover the ponds that drain to the weir include language allowing the Association to lower the weir prior to heavy rain events. The Town of Leland does not want this responsibility. Check with your supervisors and get back with me. Thank you, Charles D. Meier MARSHALL, WILLIAMS & GORHAM, L.L.P. 14 S. Fifth Street Wilmington, NC 28401 Phone: (910) 763-9891 Fax: (910) 343-8604 This message may contain information that is attorney work product, attorney -client privileged or otherwise confidential. If you are not an intended recipient, the use or disclosure of this message is strictly prohibited. if you received this message in error, please notify the sender by reply e-mail, and delete the message and any attachments. As provided for in U.S. Treasury regulations, any advice relating to federal taxes that is contained in this communication cannot be used for the purpose of avoiding any penalties that may be imposed underthe interal RevenueGode. Please be advised that this is a communication from a+debt collector and any information obtained may be used for that purpose. SDI Not � Egmq myioUs Vote �1 ARSHAidy Wn T.7AMs & CopaiAm, L.A.P. ALAN A, iVAJZSHA-,L, {191,18-1975i LONNIE S. WILLIAMS A. DUMAY GORHAM, JR. WILLIAM ROBERT CHERRY, JR. RONALD H. WOODRUFF LONNIE 6. WILLIAMS, JR, CHARLES D. MEIER !OHN L. CUn3_E F. MURPHY AVERI7T 111 jv%VrTHFW B. DAVIS Ms. David Cox NCDENR 127 Cardinal Drive Extension Wilmington, NC 28405 ATTORIEY"5 Al' LAW UILMII\GTOY, NORT11 GA MUIN-% MAILING ADDRESS PO. DRAWER 2086 WILMINGTON, N.C. 28402-2086 TELEPHONE (910) 763-9891 FACSIMILE (9103 343-8604 Www.mwgiavd.Com OFFICES -1 SOUTH FIFTH AVENUE Jul 102013 WILMINGTON, N.C_ y, 28401-4539 E-MAIL: cdm@mwginw.com Re: State ,Stormwater Management Permit for Magnolia Greens Master Association, Inc., ("Weir') SW8 000220 "The Lakes at Magnolia Greens Our File No. 091203-01 Dear Mr. Cox: In accordance with your request, the Magnolia Greens Master Association, Inc. is requesting written permission from your office to lower the "weir" that regulates the level of the primary permitted stormwater retention ponds from the permitted level of 21.5 feet prior to significant rain events that .may cause flooding in the subdivision. The subdivision has experienced flooding from significant rain events in the past. When, in the opinion of the 'Association that the threat of flooding has passed, the weir will be raised back to its permitted s 1pl Qr, 1'K,�1+'• yx — 1i ' Inf, 31 :h.=, 1 2-013, LSl'1 SJ,ti3.(i.don a.-ni-1 'Main1 ni1.1 :.r`Tt:S' s', is vs- "v9isa ✓ I y -� Ll, '),f.1'� 4 {^�..;�-+...-F ^� E a� : a¢i Agreement gives the Association permission to operate the weir but that the Association would be required to notify DEHR when the Association is drawing down Cne s-jsm it fb- `F(ev:_ - t�oi. The Association agrees to that and intends to send notice to you at or any other email address that you prefer. Please provide me with some type of written confirmation that this arrangement is acceptable to DENR. Please feel free to call me to discuss further. Yours very truly, MARSHALL, WILLIAMS & GORHAM, LLP C;T3i4✓�a/mYi cc: Angie Barker (CEPCO) Charles D. Meier STATE OF NORTH CAROLINA Department of Environment and Natural Resources WIRO Regional Office FILE ACCESS RECORD /:00 ._ � 2 -0,3 ce SECTION SWP DATE/TIME .Z11, (0 NAME Ere. T7,aVs,-3n REPRESENTING S Guideliries for Access: The staff of the Regional Office is dedicated to making -public recordsin our custody readily available to the public for review and copying. We also have the responsibility to the public to safeguard these records and to carry out our day-to-day program obligations. Please read carefully the following before.signing the form. I. 'I : Due to -the large'public demand.for fife access, we regUest that you�'call'at least ',Y da in advance to schedule an appointment for file review so you -can be accommodated. Appointments are scheduled between 9-00 a.m. and 3:00 p m Viewing time ends at 4:45 p.m. Anyone arriving without an appointment may view the files to the extent that time and staff supervision are available. 2. You must specify files you want to review by facility name or incident number, as appropriate. The number of files that you may review at one appointment will be limited to five. •3. You may make copies of a file when the copier is not in use by the staff and if time permits. There is no charge for 25 or less copies cost per copy after the initial 25 is 2.5 per copy. Payment is to be made by check, money order, or cash in the administrative offices. 4. Files must be kept in the order you received them. Files may not be taken from the office. No briefcases, large totes, etc. are permitted in the file review area To remove, alter; deface, mutilate, or destroy material in public files is a misdemeanor for which you can be fined up to $500.00.. 5. In accordance with GS 25-3-512, a $25.00 processing fee will be charged and collected for checks on which payment has been refused. 6. The customer must present a photo ID, sign -in, and receive a visitor sticker'prior to reviewing files. FACILITY NAME 41 2. 3. 4. 5. Signature/Name of Firm or Business Date' (Please attach business card to form if available) # copes:-. 77 Amt. Pd.- COUNTY Time In Time Qut l �C STATE OF NORTH CAROLINA Department of Environment and Natural Resources WIRO Regional Office FILE ACCESS RECORD SECTION SWP DATE/TIME NAMEREPRESENTING. Guidelines for Access: The state` of the Regional Of, ice is dedicated to making public records in our custody readily available to the public for review and copying. We also have the responsibility to the public to safeguard these records and to carry out our day-to-day program obligations. Please read carefully the following before signing the form. 1 Due. to the large public demand.for f�i? acce`s, we reclupst that you call'at least '@' day in advance to schedule•an appointment for file review so you -can be accommodated. Appointments are scheduled between 9:00 a.m. and 3.'00 P.m. Viewing time ends at 445 p.m. Anyone arriving without an appointment may view the files to the extent that time and staff supervision are available. 2. You must specify files you want to review by facility name or incident number, as appropriate. The number of files that you may review at one appointment will be limited to five. -3. You may make copies of a file when the copier is not in use by the staff and if time permits. The(e is no charge for 25 or less copies cost per copy after the initial 25 is 2.5 per copy. Payment is to be made by check, money order, or cash in the administrative offices. 4. Files must be kept in the order you received them. Files may not be taken from the office. No briefcases, large totes, etc. are permitted in the file review area To remove, alter; deface, mutilate, or destroy material in public files is a misdemeanor for which you can be fined up to $500.00.. 5. In accordance with GS 25-3-512, a $25.00 processing fee will be charged and collected for checks on which payment has been refused. 6. The customer must present a photo ID, sign -in, and receive a visitor sticker'prior to reviewing files. FACILITY NAME S(v8 10C==\s `�� 111 � 1 \/ 91 113 C4 2. PV%rA-u, a.� kfis t1 0 oo 131 3. / �'�-'12 nature/Name of Firm or Business Date Time in (Please attach business card to form if available) # Copes ® Amt. ad: COUNTY 1;- u Time Out STATE OF NORTH CAROLINA Department of Environment and Natural Resources WIRO Regional Office FILE ACCESS RECORD SECTION SWP DATEMME Jal, 24 0012 16-1/ate NAME I11GYl YelDM- REPRESENTING Guideffnes for Access: The staff of the Regional Office is dedicated to making public records in our custody readily available to the public for review and copying. We also have the responsibility to the public to safeguard these records and to cant' out our day -today program obligations. Please read carefully the following before signing the form. 1. Due to the large public demand for file access, we request that you call at least a day in advance to schedule an appointment for file review so you can be accommodated. 62pointments are scheduled between 9:00 a.m. and 3:00 p.m. Viewing time ends at 4:45 a.m. Anyone arriving without an appointment may view the files to the extent that time and staff supervision are available. 2. You must specify files you want to review by facility name or incident number, as appropriate. The number of files that you may review at one appointment will be limited to five. 3. You may make copies of a file when the copier is not in use by the staff and if time permits. There is no chame for 25 or less copies.: cost per copy after the initial 25 is 2.5 per copy. Payment is to be made by check, money order, or cash in the administrative offices. 4. Files must be kept in the order you received them. Files may not be taken from the office. No briefcases, large totes, etc. are permitted in the file review area. To remove, alter, deface, mutilate, or destroy material in public files is a misdemeanor for which you can be fined up to $500.00. S. in accordance with GS 25-3-512, a $25.00 processing fee will be charged and collected for checks on which payment has been refused. S. The customer must present a photo ID, sign -in, and receive a visitor sticker prior to reviewing files. FACILITY NAME / PGrYn (' IF 1. SL�8000220 `%(Q, L�i�es ��2�a t,�reas 2. 3. 4. � t � if A Signature/Niche of Firm or Business (Reese attach business card to form if available) Date # Copes: I-? Amt. Pd: ✓10 - Z) COUNTY 69 e Time In. Tim&Out STATE OF NORTH CAROLINA Department of Environment and Natural Resources WIRO Regional Office FILE ACCESS RECORD SECTION SWP DATE/TIME a/�/ NAMEREPRESENTING Guidelines for Access: The staff of the Regional Office is dedicated to making public records in our custody readily available to the public for review and copying. We also have the responsibility to the public to safeguard these records and to carry out our day-to-day program obligations. Please read carefully the following before signing the form.. 1. Due to the large public demand for file access, we request that you call at least a day in advance to schedule an appointment for file review so you can be accommodated. Appointments are scheduled between 9:00 a.m. and 3:00 p.m. Viewing time ends at 4.45 p.m. Anyone arriving without an appointment may view the files to the extent that time and staff supervision are available. 2. You must specify files you want to review by facility name or incident number, as appropriate. The number of files that you may review at one appointment will be limited to five. 3. You may make copies of a file when the copier is not in use by the staff and if time permits. There is no charge for 25 or less copies.: cost per copy after the initial 25 is 2.5 per copy. Payment is to be made by check, money order, or cash in the administrative offices. 4. Files must be kept in the order you received them. Files may not be taken from the office. No briefcases, large totes, etc. are permitted in the file review area To remove, alter, deface, mutilate, or destroy material in public files is a misdemeanor for which you can be fined up to $500.00. 5. In accordance with GS 25-3-512, a $25.00 processing fee will be charged and collected for checks on which payment has been refused. 6. The customer must present a photo ID, sign -in, and receive a visitor sticker prior to reviewing files. FACILITY NAME COUNTY 2- 4. 5. n Signa#urelNami of Firm or Business (Please attach business card to form if available) Date 1 --14A Time In Time Out STATE OF NORTH CAROLINA Department of Environment and Natural Resources WIRO Regional Office FILE ACCESS RECORD SECTION SWN DATE/TIME �© NAME -S7`y ���'�°REPRESENTING Guidelines for Access: The staff of the Regional Office is dedicated to making public records in our custody readily available to the public for review and copying. We also have the responsibility to the public to safeguard these records and to carry out our day-to-day program obligations. Please read carefully the following before signing the form. 1. Due to the large public demand for file access, we request that you call at least a day in advance to schedule an appointment for file review so you can be accommodated. Appointments are scheduled between 9:00 a.m. and 3:00 p.m. Viewing time ends at 4:45 p.m. Anyone arriving without an appointment may view the files to the extent that time and staff supervision are available. 2. You must specify files you want to review by facility name or incident number, as appropriate. The number of files that you may review at one appointment will be limited to five. 3. You may make copies of a file when the copier -is not in use by the staff and if time permits. There is no charge for 25 or less copies.: cost per copy after the initial 25 is 2.5 per copy. Payment is to be made by check, money order, or cash in the administrative offices. 4. Files must be kept in the order you received them. Files may not be taken from the office. No briefcases, large totes, etc. are permitted in the file review area To remove, alter, deface, mutilate, or destroy material in public files is a misdemeanor for which you can be fined up to $500.00. 5. In accordance with GS 25-3-512, a $25.00 processing fee will be charged and collected for checks on which payment has been refused. 6. The customer must present a photo ID, sign -in, and receive a visitor sticker prior to reviewing files. FACILITY NAME 2. `" v 3. 4. 5. �- COUNTY ignaturelName of Firm or Busines Date Time In Time Out (Please attach business card to form if available) # Copes: Amt. Pd: STATE OF NORTH CAROLINA Department of Environment and Natural Resources WIRO Regional Office FILE ACCESS RECORD _ %3l SECTION SWP DA i ErlIME NAME ri/�l�c,�l � REPRESENTING Guidelines for Access: The staff of the Regional Office is dedicated to making public records in our custody readily available to the public for review and copying. We also have the responsibility to the public to safeguard these records and to carry out our day-to-day program obligations. Please read carefully the following before signing the form. I. Due to the large public demand for file access, we request that you call at least a day in advance to schedule an appointment for file review so you can be accommodated. Appointments are scheduled between 9:00 a.m. and 3:00 P.m. Viewing time ends at 4.45 P.m. Anyone arriving without an appointment may view the files to the extent that time and staff supervision are available. 2. You must specify files you want to review by facility name or incident number, as appropriate. The number of files that you may review at one appointment will be limited to five. 3. You may make copies of a file when the copier is not in use by the staff and if time permits. There is no charge for 25 or less copies - cost per copy after the initial 25 is 2.5 per copy. Payment is to be made by check, money order, or cash in the administrative offices. 4. Files must be kept in the order you received them. Files may not be taken from the office. No briefcases, large totes, etc. are permitted in the file review area To remove, alter, deface, mutilate, or destroy material in public files is a misdemeanor for which you can be fined up to $500.00. 5. In accordance with GS 25-3-512, a $25.00 processing fee will be charged and collected for checks on which payment has been refused. 6. The customer must present a photo ID, sign -in, and receive a visitor sticker prior to reviewing files. FACILITY NAME COUNTY /j v,c0.� �✓i C 4. 2. 3. T 4. 5. Signature/Name of Firm or Business Date Time In. Time Out (Please attach business card to form it available) # Copes: 7 Amt. Pd: — Ci —