SW6120203_NOV_20120409

WDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Charles Wakild, P. E.
Governor Director
April 9, 2012
Mr. Glenn Jernigan
Fay Partners, LLC
5011 Cumberland Rd
Fayetteville, NC 28306
Subject: Stormwater Permit No. SW6120203
Southview Section 9
High Density Subdivision Sand Filter
Cumberland County
Dear Mr. Jernigan:
Dee Freeman
Secretary
The Stormwater Permitting Unit received a complete Stormwater Management Permit Application for Southview
Section 9 on March 30, 2012 after requesting additional information on March 6, 2012 and March 26, 2012. Staff
review of the plans and specifications has determined that the project, as proposed, will comply with the Stormwater
Regulations set forth in Title 15A NCAC 2H.1000 and Session Law 2006-246. We are forwarding Permit No.
SW6120103, dated April 9, 2012, for the construction, operation and maintenance of the subject project and the
stormwater BMPs.
This permit shall be effective from the date of issuance until rescinded and shall be subject to the conditions and
limitations as specified therein, and does not supersede any other agency permit that may be required. Please pay
special attention to the conditions listed in this permit regarding the Operation and Maintenance of the BMP(s),
recordation of deed restrictions, procedures for changes of ownership, transferring the permit, and renewing the
permit. Failure to establish an adequate system for operation and maintenance of the stormwater management
system, to record deed restrictions, to follow the procedures for transfer of the permit, or to renew the permit, will
result in future compliance problems.
If any parts, requirements, or limitations contained in this permit are unacceptable, you have the right to request an
adjudicatory hearing upon written request within thirty (30) days following receipt of this permit. This request must be
in the form of a written petition, conforming to Chapter 150B of the North Carolina General Statutes, and filed with the
Office of Administrative Hearings, P.O. Drawer 27447, Raleigh, NC 27611-7447. Unless such demands are made
this permit shall be final and binding.
This project will be kept on file at the Fayetteville Regional Office. If you have any questions, or need additional
information concerning this matter, please contact Brian Lowther at [phone]; or [e-mail],
Sincerely,
for Charles Wakild, P.E.
ccFayetteville Regional Office
SW6120203 File
ec: John E. Prevette, III, PLS — Gooden & Associates, Inc
Wetlands and Stormwater Branch One
1617 Mail Service Center, Raleigh, North Carolina 27699-1617 North Carolina
Location: 512 N. Salisbury St. Raleigh, North Carolina 27604
Phone: [phone] FAX: [phone] A.alw4allyInternet: www.ncwatergtiality.org
An Equal Opportunity 1 Affirmative Action Employer

State Stormwater Permit
Permit No. SW6120203
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
STATE STORMWATER MANAGEMENT PERMIT
HIGH DENSITY DEVELOPMENT
In accordance with the provisions of Article 21 of Chapter 143, General Statutes of North
Carolina as amended, and other applicable Laws, Rules, and Regulations
PERMISSION IS HEREBY GRANTED TO
Southview Section 9
Fay Partners, LLC
At the end of Crepe Myrtle Drive, Hope Mills, Cumberland County
FOR THE
construction, operation and maintenance of one (1) sand filter in compliance with the
provisions of Session Law 2006-246 and 15A NCAC 2H .1000 (hereafter referred to as the
"stormwater rules") and the approved stormwater management plans and specifications and
other supporting data as attached and on file with and approved by the Division of Water
Quality and considered a part of this permit.
This permit shall be effective from the date of issuance until April 8, 2020, and shall be
subject to the following specified conditions and limitations:
I, DESIGN STANDARDS
1. This permit is effective only with respect to the nature and volume of stormwater
described in the application and other supporting data.
2. This stormwater system has been approved for the management of stormwater runoff
as described in Section 1.7 of this permit. The stormwater control has been designed to
handle the runoff from 98,800 square feet of impervious area. The subdivision is
permitted for 20 lots, each allowed a maximum of 3500 square feet of built -upon area.
3. The tract wilt be limited to the amount of new buitt-upon area as indicated in Section
1.7 of this permit, and per the application documents and as shown on the approved
plans.
4. All stormwater collection and treatment systems must be located in either dedicated
common areas or recorded easements. The final plats for the project will be recorded
showing all such required easements, in accordance with the approved plans.
5. The runoff from all built -upon area within the permitted drainage area of this project
must be directed into the permitted stormwater control system.
6. The built -upon areas associated with this project shall be located at least 30 feet
landward of at( perennial and intermittent surface waters.
Page 1 of 6

7.
State Stormwater Permit
Permit No. SW6120203
The following design criteria have been provided in the sand fitter and must be
maintained at design condition:
FI-V
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e.
f.
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k.
n.
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S.
Drainage Area, acres:
Onsite, ft2:
Offsite, ft2:
Total Impervious Surfaces, ft2:
Onsite, ft2:
Offsite, ft2:
Design Storm, inches:
Sediment Chamber Bottom Elev.,
Top of Sand Elevation, fmsl:
Seasonal High Water Table, fmsl:
Sand Depth, feet:
Bottom of Sand Elevation fmsl:
Sediment Chamber SA, ft�:
Sand Chamber SA, ftZ:
Permitted Storage Volume, ft3:
Bypass / Storage Elevation, fmsl:
Drawdown Time, hours:
Underdrain Diameter, inches:
Receiving Stream/River Basin:
Stream Index Number:
Classification of Water Body:
II, SCHEDULE OF COMPLIANCE
6.36
277,000
0
98,800
98,800
0
1.0
fmsl: 282.5
191.7
188.2
2.0
190.2
565
804
8, 688
191.7
40
621
Little Rockfish / Cape Fear
18-31-24(7)
nE.,
1. The stormwater management system shall be constructed in its entirety, vegetated
and operational for its intended use prior to the construction of any built -upon surface.
2. During construction, erosion shall be kept to a minimum and any eroded areas of the
system will be repaired immediately.
3. The permittee shall at all time provide the operation and maintenance necessary to
assure the permitted stormwater system functions at optimum efficiency. The
approved Operation and Maintenance Plan must be followed in its entirety and
maintenance must occur at the scheduled intervals including, but not limited to:
a. Semiannual scheduled inspections (every 6 months).
b. Sediment removal.
C. Mowing and re -vegetation of slopes and the filter strip.
d. Immediate repair of eroded areas.
e. Maintenance of all slopes in accordance with approved plans.
f. Debris removal and unclogging of all drainage structures, level spreader, fitter
media, planting media, underdrains, catch basins and piping.
g. Access to the cell and outlet structure must be available at all times.
4. Records of maintenance activities must be kept for each permitted BMP. The reports
will indicate the date, activity, name of person performing the work and what actions
were taken.
5. The permittee shalt submit to the Division of Water Quality an annual summary report
of the maintenance and inspection records for each BMP. The report shad summarize
the inspection dates, results of the inspections, and the maintenance work performed
at each inspection.
6. The stormwater treatment system shalt be constructed in accordance with the
Page 2 of 6

State Stormwater Permit
Permit No. SW6120203
with North Carolina General Statute 143-215.6A to 143-215.6C.
4. The issuance of this permit does not preclude the Permittee from complying with any
and all statutes, rules, regulations, or ordinances, which may be imposed by other
government agencies (local, state, and federal) having jurisdiction.
5. In the event that the facilities fail to perform satisfactorily, including the creation of
nuisance conditions, the Permittee shall take immediate corrective action, including
those as may be required by this Division, such as the construction of additional or
replacement stormwater management systems.
6. The permittee grants DENR Staff permission to enter the property during normal
business hours for the purpose of inspecting all components of the permitted
stormwater management facility.
2. The permit issued shall continue in force and effect until revoked or terminated. The
permit may be modified, revoked and reissued or terminated for cause. The filing of a
request for a permit modification, revocation and re -issuance or termination does not
stay any permit condition.
8. Unless specified elsewhere, permanent seeding requirements for the stormwater
control must follow the guidelines established in the North Carolina Erosion and
Sediment Control Planning and Design Manual.
9. Approved plans and specifications for this project are incorporated by reference and
are enforceable parts of the permit.
10. The issuance of this permit does not prohibit the Director from reopening and
modifying the permit, revoking and reissuing the permit, or terminating the permit as
allowed by the laws, rules and regulations contained in Session Law 2006-246, Title 15A
NCAC 2H.1000, and NCGS 143-215.1 et.al.
11. The permittee shall notify the Division in writing of any name, ownership or mailing
address changes at least 30 days prior to making such changes.
12. The permittee shall submit a renewal request with all required forms and
documentation at least 180 days prior to the expiration date of this permit.
Permit issued this the 9th day of April, 2012.
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
for Charles Wakild, P.E., Director
Division of Water Quality
By Authority of the Environmental Management Commission
Page 4 of 6

State Stormwater Permit
Permit No. SW6120203
approved plans and specifications, the conditions of this permit, and with other
supporting data.
7. Upon completion of construction, prior to issuance of a Certificate of Occupancy, and
prior to operation of this permitted facility, a certification must be received from an
appropriate designer for the system installed certifying that the permitted facility has
been installed in accordance with this permit, the approved plans and specifications,
and other supporting documentation. Any deviations from the approved plans and
specifications must be noted on the Certification. A modification may be required for
those deviations.
8. If the stormwater system was used as an Erosion Control device, it must be restored to
design condition prior to operation as a stormwater treatment device, and prior to
occupancy of the facility.
9. Access to the stormwater facilities shall be maintained via appropriate recorded
easements at all times.
10, The permittee shall submit to the Director and shall have received approval for revised
plans, specifications, and calculations prior to construction, for any modification to the
approved plans, including, but not limited to, those listed below:
a. Any revision to any item shown on the approved plans, including the stormwater
management measures, built -upon area, details, etc.
b. Project name change.
C. Transfer of ownership.
d. Redesign or addition to the approved amount of built -upon area or to the
drainage area.
e. Further subdivision, acquisition, lease or sale of all or part of the project area.
The project area is defined as all property owned by the permittee, for which
Sedimentation and Erosion Control Plan approval was sought.
f. Filling in, altering, or piping of any vegetative conveyance shown on the
approved plan.
11. The permittee shall submit final site layout and grading plans for any permitted future
areas shown on the approved plans, prior to construction.
12. A copy of the approved plans and specifications shall be maintained on file by the
Permittee for a minimum of ten years from the date of the completion of construction.
13. The Director may notify the permittee when the permitted site does not meet one or
more of the minimum requirements of the permit. Within the time frame specified in
the notice, the permittee shall submit a written time schedule to the Director for
modifying the site to meet minimum requirements. The permittee shall provide copies
of revised plans and certification in writing to the Director that the changes have been
made.
IIi. GENERAL CONDITIONS
1, This permit is not transferable except after notice to and approval by the Director. In
the event of a change of ownership, or a name change, the permittee must submit a
completed Name/Ownership Change form signed by both parties, to the Division of
Water Quality, accompanied by the supporting documentation as listed on page 2 of
the form. The approval of this request will be considered on its merits and may or may
not be approved.
2, The permittee is responsible for compliance with all permit conditions until such time
as the Division approves a request to transfer the permit.
3. Failure to abide by the conditions and limitations contained in this permit may subject
the Permittee to enforcement action by the Division of Water Quality, in accordance
Page 3 of 6

State Stormwater Permit
Permit No. SW6120203
Southview Section 9
Stormwater Permit No. SW6120203
Randotp#� _!��unjy
Designer's Certification
1, , as a duly registered in the State of
North Carolina, having been authorized to observe (Operiodically /F] weekly /
❑full time) the construction of the project,
(Project Name)
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.
The checklist of items on page 2 of this form is included in the Certification.
Noted deviations from approved plans and specification:
Signature
Registration Number
Date
SEAL
Page 5 of 6

State Stormwater Permit
Permit No. SW6120203
Certification Requirements:
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. All roof drains are located such that the runoff is directed into the system.
5. The outlet/bypass structure elevations are per the approved plan.
.___6. The outlet structure is located per the approved plans.
7. Under drains are located per the approved plans.
8. All slopes are grassed with permanent vegetation, per the vegetation plan.
__ 9. Vegetated slopes are no steeper than 3:1.
10. The inlets are located per the approved plans and do not cause short-circuiting
of the system.
11. The permitted amounts of surface area and volume have been provided.
,12. Required drawdown devices are correctly sized per the approved plans.
13. All required design depths are provided.
14. All required parts of the system are provided, such as a sediment chambers,
sand chambers, under drains, and outlets.
15. The required system dimensions are provided per the approved plans.
Please submit this Designer's Certification to: Fayetteville Regional Office
Surface Water Protection
225 Green Street
Systel Building Suite 714
Fayetteville, NC 28301
Page 6 of 6

Here are questions I have when we speak with the Fayetteville Regional Office folks:
1. Did we get the green card back so we can document when the 30 day period commenced? If we did not, when
did the angry lawyer call? We can date it from that — we need the recipient of the call (I assume that was Mike)
to summarize it in a memo or email, along with the date the call occurred.
We have not yet received the green card, however the USPS website shows delivery on 4/9/15 at 12:16pm. I received
phone call from Mr. Holden Reaves (attorney) on 4/9/15 around 1:45pm. To summarize the call, Mr. Reaves
immediately identified himself as an attorney and that he had been provided a copy of the NOV by the permittee (Mr.
Glenn Jernigan). Mr. Reaves claimed that he had had conversations with Lori Britt (LQS inspector) concerning the
sediment basin and that she said they could leave the basin as is and not convert it to the sand filter (as permitted by
Stormwater Management Permit SW6120203) and the file would be closed out. I relayed to Mr. Reaves that she was
likely referring to the erosion control plan file and not the Stormwater Permit, which requires installation and
maintenance of a Sand Filter BMP per the approved plans/permit and stays in effect indefinitely. Mr. Reaves was
adamant that she told him otherwise and claimed he had documentation about such conversation. I asked him to
provide any such documentation, which as of today (4/10/15) he has not. Mr. Reaves also relayed that the subdivision's
covenants had been revised to turn things over to the HOA and that the developer no longer had the funds to convert
the basin to the permitted sand filter. Mr. Reaves was very frustrated that the NOV was issued for non-compliance with
the Stormwater Permit and threatened litigation. After some further discussion during the same phone call, Mr. Reaves
requested a meeting to discuss the issues. I also relayed to Mr. Reaves that the Stormwater Permit is not transferrable
to another party (i.e. HOA) until a properly executed Ownership Change Form, signed and notarized by both parties, is
submitted to our office for review/approval and that until such time the permittee (Fay Partners, LLC/Glenn Jernigan) is
responsible for compliance/operation & maintenance.
2. Looks like this permit was issued in 2012. Have the stormwater folks inspected prior to that time? How many
times did the sedimentation folks inspected? Can we can copies of their inspection reports? Are Stormwater
and sedimentation staff the same people?
I conducted the state stormwater compliance inspection on 3-31-15, which was the first/only one. Lori Britt conducted 3
sedimentation inspections on 8-24-12, 6-26-14 and 8-6-14. The sedimentation inspection on 8-6-14 resulted in closeout
of the erosion control plan. Please see attached copies of the 3 sedimentation inspection reports.
3. Do we know the status of Fay Partners LLC? Are they still afloat? Have they dissolved since completing the
project (as LLCs often do)?
According to the Secretary of State website, Fay Partners LLC is listed as Current -Active and submitted an Annual Report
for 2015. Copy of Annual Report is attached.
Craig A. Bromby
Assistant General Counsel
N.C. Department of Environment and Natural Resources
Telephone: [phone]
Mailing Address:
1601 Mail Service Center
Raleigh, NC 27699-1601
Physical Address:
217 W. Jones Street
Raleigh, NC 27603
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.
4

North Carolina Department of Environment and Natural Resources
Land Quality Section: 225 Green St, Suite 714 Fayetteville, NC 28301, Phone: [phone]
COUNTY: Cumberland PROJECT: Southview Section 9 RIVER BASIN:
PERSON FINANCIALLY RESPONSIBLE: Holden Reaves, Fay Partners, LLC PROJECT # CUMBE-2012-078
ADDRESS: 5011 Cumberland Road Fayetteville NC 28306 CASE #
1. PROJECT LOCATION: Crepe Myrtle Drive Rockfish NC
Pictures: NO Video: Digital:
2. Weather and Soil Conditions: CLOUDY, WORKABLE SOILS First Inspection:
3. Is site currently under Notice of Violation? NO
4. Is the site in compliance with S.P.C.A. and rules? YES
5. Violations:
6. Is the site in compliance with NPDES Permit NCG 010000?: NO
7. Has Sedimentation Damage occurred since last inpections? NO
Lake/natural watercourse on the tract: Lake/natural watercourse off the tract: Other Property:
Description:
Degree of Damage:
Stormwater Discharge Outfall with high turbidity or sedimentation loss:
8. Contact Made with (name): NO ONE
Inspection Report: SENT TO PERSON FINANCIALLY RESPONSIBLE
9. Corrective Actions Needed:
Title:
Date Given/Sent: 24-AUG-12
10. COMMENTS: . Ground cover is needed on the bare areas of rights of way and undeveloped lots
Report By: DENR 2 Others Present:
Date of Inspection: 24-AUG-2012 00:00:CTime Arriving on Site: 12:44 PM
Time Leaving Site: 12:50 PM
cc;
Revision Date 09/09/2013 Page 1 of 1

North Carolina Department of Environment and Natural Resources
Land Quality Section: 225 Green St, Suite 714 Fayetteville, NC 28301, Phone: [phone]
COUNTY: Cumberland PROJECT: Southview Section 9 RIVER BASIN: CAPE FEAR
PERSON FINANCIALLY RESPONSIBLE: Holden Reaves, Fay Partners, LLC PROJECT # CUMBE-2012-078
ADDRESS: 5011 Cumberland Road Fayetteville NC 28306 CASE #
1. PROJECT LOCATION: Crepe Myrtle Drive Rockfish NC
Pictures: NO Video: Digital:
2. Weather and Soil Conditions: MOSTLY SUNNY, WORKABLE SOILS
First Inspection -.NO
3. Is site currently under Notice of Violation? NO
4. Is the site in compliance with S.P.C.A. and rules? NO
5. Violations:
d. Failure to provide adequate groundcover - Failure to provide adequate groundcover, G.S. 113A-57(3) and 15A N.C.
A.C. 4B.0107(b) or 15A N.C.A.C. 4B.0124(e)
6. Is the site in compliance with NPDES Permit NCG 010000?: NOT EVALUATED
7. Has Sedimentation Damage occurred since last innections? NO
Lake/natural watercourse on the tract: Lake/natural watercourse off the tract: Other Property:
Description:
Degree of Damage:
Stormwater Discharge Outfall with high turbidity or sedimentation loss:
8. Contact Made with (name): GREG CAULDER
Inspection Report: SENT TO PERSON FINANCIALLY RESPONSIBLE
9. Corrective Actions Needed:
Title:
Date Given/Sent: JUN 30. 2014
Provide adequate permanent ground cover on all areas where development has been completed according to the time
limits in the approved plan.
10. COMMENTS:
1. Project is complete. Temporary sediment basin can now be converted to permanent stormwater basin.
2. Additional ground cover is needed on the bare areas on the right of way, at the basin site and the stockpile area..
Report By: Lori Britt
Date of Inspection: JUN 26, 2014
Others Present: ROBERT KNOWLES, AUTRY GRADING
Time Arriving on Site: 9:15 AM
Time Leaving Site: 9:45 AM
cc;
Revision Date 09/09/2013
Page 1 of 1

SE DIME NTATION/CONSTRUCTION STORMWATER•REPORT
North Carolina Department of Environment and Natural Resources
Land Quality Section. 225 Green St, Suite 714 Fayetteville, NC 28301, Phone: [phone]
COUNTY: Cumberland PROJECT: Southview Section 9 RIVER BASIN: CAPE FEAR
PERSON FINANCIALLY RESPONSIBLE: Holden Reaves, Fay Partners, LLC PROJECT # CUMBE-2012-078
ADDRESS: 5011 Cumberland Road Fayetteville NC 28306 CASE #
1. PROJECT LOCATION: Crepe Myrtle Drive Rockfish NC
Pictures: NO Video: Digital:
2. Weather and Soil Conditions: MOSTLY SUNNY, WORKABLE SOILS
3. Is site currently under Notice of Violation? NO
4. Is the site in compliance with S.P.C.A. and rules? YES
5. Violations:
6. Is the site in compliance with NPDES Permit NCG 010000?: YES
7. Has Sedimentation Damage occurred since last inpections?
Lake/natural watercourse on the tract: Lake/natural watercourse off the tract:
Description:
Degree of Damage:
Stormwater Discharge Outfall with high turbidity or sedimentation loss:
8. Contact Made with (name): NO ONE ON SITE
Inspection Report: SENT TO PERSON FINANCIALLY RESPONSIBLE
9. Corrective Actions Needed:
Title:
First Inspection -.NO
Other Property:
Date Given/Sent: AUG 12. 2014
10. COMMENTS:
1. All disturbed areas in shoulders, easement and on stormwater pond have been provided with sufficient ground cover adequate
to restrain erosion.
2. Permanent stormwater pond/infiltration basin is working properly..
Permanent ground cover sufficient to restrain erosion has been established. No additional self -monitoring or
self -inspections are required. Project is released and coverage under NPDES General Stormwater Permit for
Construction Activities is terminated.
Report By: Lori Britt
Date of Inspection: AUG 06, 2014
cc; HOLDEN REAVES (SENT VIA EMAIL
Revision Date 09/09/2013
Others Present:
Time Arriving on Site: 1123A
Time Leaving Site: 1128A
Page 1 of 1