SW8020510_Historical File_20160427

High Density Commercial Subdivisions
Deed Restrictions & Protective Convenances
In accordance with Title 15 NCAC 2H.1000 and S.L. 2006-246, the Management Regulations, deed restrictions
and protective covenants are required for High Density Commercial Subdivisions where lots will be subdivided
and sold and runoff will be treated in an engineered stormwater control facility. Deed restrictions and protective
covenants are necessary to ensure that the development maintains a built -upon area consistent with the design
criteria used to size the stormwater control facility.
I, Bert Exum, acknowledge, affirm and agree by my signature below, that I will cause the following deed
restrictions and covenants to be recorded prior to the sale of any lot within the project known as Waterford of the
Carolinas:
1. The following covenants are intended to ensure ongoing compliance with State Stormwater Management
Permit Number SW8 020510, as issued by the Division of Energy, Mineral and Land Resources under the
Stormwater Management Regulations.
2. The State of North Carolina is made a beneficiary of these covenants to the extent necessary to maintain
compliance with the stormwater management permit.
3. These covenants are to run with the land and be binding on all persons and parties claiming under them.
4. The covenants pertaining to stormwater may not be altered or rescinded without the express written
consent of the State of North Carolina, Division of Energy, Mineral and Land Resources.
5. Alteration of the drainage as shown on the approved plan may not take place without the concurrence of
the Division of Energy, Mineral and Land Resources.
6. The maximum built -upon area per lot, in square feet, is as shown on the attached table.
This allotted amount includes any built -upon area constructed within the lot property boundaries, and that
portion of the right-of-way between the front lot line and the edge of the pavement. Built upon area
includes, but is not limited to, structures, asphalt concrete, gravel, brick, stone, slate, coquina and
parking areas, but does not include raised, open wood decking, or the water su✓i a
7. All runoff from the built -upon areas on the lot must drain into the permitted syste Ttti� ay 49,,,,a
accomplished through a variety of means including roof drain gutters which drat the street, grading
lot to drain toward the street, or grading perimeter swales to collect the lot runo d directing them int
component of the stormwater collection system. Lots that will naturally drain into $:system are not _
required to provide these additional measures.
8. The owner of each lot, whose ownership is not retained by the permittee, is required to submit a separate
stormwater permit application to the Division of Energy, Mineral and Land Resources and receive a
permit prior to construction.
9. The project and each lot will maintain a 50 foot wide vegetated buffer between all impervious areas and
surface waters.. 'y�
Signature: �°�► C /0 P.�:,4&SE Date:
I, , a Notary Public in the
State of /1/D , County of rlyiJAWICZ ,
do hereby certify that �/'CC6eum personally appeared
before me this the day of M4rCk 20.'&—, and acknowledge
the due x ution of the foregoing instrument. Witness my hand and official seal,
SEAL
ignature OFFICIAL SEAL
Notary Public - North Carolina
My Commission expires �'Z7���'NE
V� HANOVER CQUNTY
_;. Oil' KENNEDY, JR.
Form DRPC-1 Rev.2 05Nov2009 Page 1 of 1 `� k"""�"`"'""'""`�'�

WATERFORD REVISED DRAFT DEED RESTRICTIONS FOR COMMERCIAL LOTS
Impervious
Tract — Lot Number
M_azimum (SF)
Tract F —
Lot 1
64,613
Tract F —
Lot 2
27,019
Tract F —
Lot 3
29,029
Tract F —
Lot 4
19,235
Tract K — All Lots*
753,152
Tract M
— Lot 14R
191,722
Tract N
— Lot 1
419,047
Tract O
— Lot 8
35,789
Tract O
— Lot 9
63,430
Tract O —
Lot 10
58,217
Tract O —
Lot 11
44,084
Tract O —
Lot 12
577,309
Tract O —
Lot 13
54,070
*Tract K was sold by the original developer (WDV, Inc) and further subdivided by Weingarten.
All lots within Tract K are subject to the maximum impervious allocation as shown above and
in offsite permit (SW8061114)

AT MCCRORY
Governor
DONALD R. VAN DER VAART
Energy, Mineral
and Land Resources
ENVIRONMENTAL QUALITY
April 27, 2016
Mr. Bert Exum, President
WDV, Inc.
PO Box 1967
Wilmington, NC 4M Z S q 0 � ' � 61 & � -2�8
Subject: Permit Modification and Continuing NOV
State Stormwater Management Permit No. SW8 020510
Waterford
High Density Subdivision Wet Detention Pond Project
Brunswick County
Dear Mr. Exum:
Secretary
TRACY DAVIS
Director
Effective August 1, 2013 the State Stormwater program has been transferred from the Division of Water
Quality (DWQ) to the Division of Energy, Mineral and Land Resources (DEMLR). All previous
references to DWQ will remain in older stormwater permits issued prior to August 1, 2013 until they are
modified. Please note that any updated pages or addendums to the permit will now reference DEMLR as
the Division responsible for issuance of the permit. The Department name has also been changed from
the Department of Environment and Natural Resources (DENR) to the Department of Environmental
Quality (DEQ).
On August 5, 2009, the Governor signed Session Law 2009-406. This law impacts any development
approval issued by the Division of Energy, Mineral and Land Resources under Article 21 of Chapter 143
of the General Statutes, which is current and valid at any point between January 1, 2008, and December
31, 2010. The law extends the effective period of any stormwater permit that was set to expire during this
time frame up to three (3) years from its current expiration date. On August 2, 2010, the Governor signed
Session Law 2010-177, which granted an extra year for an extension of up to four (4) years.
The Wilmington Regional Office received a complete, modified State Stormwater Management Permit
Application for Waterford on April 26, 2016. 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 2008-211. We are forwarding modified Permit No. SW8 020510 dated April
13, 2016, for the construction, operation and maintenance of the BMP's and built -upon area associated
with the subject project.
This permit shall be effective from the date of issuance until February 15, 2021, which includes the
extensions and shall be subject to the conditions and limitations as specified therein. Please pay special
attention to the conditions listed in this permit regarding the Operation and Maintenance of the BMPs,
recordation of deed restrictions, certification of the BMP's, procedures for changing 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 certify the BMP's,
to transfer the permit, or to renew the permit, will result in future compliance problems.
Modifications: The following modifications are included and covered by this permit.
1. Attachments A & B:
a. Attachment A: A summary of the impervious area allocation data including offsite
permit data is summarized in Attachment A.
b. Attachment B: For ease of reference, a summary of the lots that have been recorded and
the associated book/page is included as Attachment B.
2. Deed Restrictions: New deed restrictions are required so that all of the recorded data will match
Attachment A.
3. Clubhouse/Pool: A new addition has been permitted.
4. Overflow: A third emergency overflow for the system has been added to Tract K.
State of North Carolina I Environmental Quality I Energy, Mineral and Land Resources
127 Cardinal Drive Extension I Wilmington, NC 28405

April 27, 2016
Stormwater Application No. SW8 020510
5. Pond Depths: The pond depths were constructed at a minimum of 3ft depth. The plans had
originally intended for them to be deeper in some areas, but that was not possible due to coquina.
The plans were changed to reflect the as -built conditions so that the project could be certified.
Continuing NOV: The following items will be resolved now that the modification has been issued.
Please submit this information by June 27, 2016:
1. Deed Restrictions: Deed restrictions will be recorded to correct discrepancies in the previous
permit.
2. Designer's Certification: The certification will be completed to match the configuration
permitted today.
3. Maintenance: Some maintenance is still due, but will be done following the modification.
If any parts, requirements, or limitations contained in this permit are unacceptable, you have the right to
request an adjudicatory hearing by filing a written petition with the Office of Administrative Hearings
(OAH). The written petition must conform to Chapter 150B of the North Carolina General Statutes, and
must be filed with the OAH within thirty (30) days of receipt of this permit. You should contact the OAH
with all questions regarding the filing fee (if a filing fee is required) and/or the details of the filing process
at 6714 Mail Service Center, Raleigh, NC 27699-6714, or via telephone at 919-431-3000, or visit their
website at www.NCOAH.com. Unless such demands are made this permit shall be final and binding.
If you have any questions, or need additional information concerning this matter, please contact Kelly
Johnson in the Wilmington Regional Office, at [phone].
ySincely,
&��
�`. Tracy Dav , P.E., Director
Division of Energy, Mineral and Land Resources
GDS/kpj: %Stormwater\Permits & Projects\2002\020510 HD\2016 04 permit 020510
cc: Perry Davis, PE, Cape Fear Engineering
Jeff Petroff, PE, Coastal Land Design
Inspector, Brunswick County Inspections
Brunswick County Engineering
Division of Coastal Management
Wilmington Regional Office Stormwater File
Page 2 of 2

State Stormwater Management Systems
Permit No. SW8 020510
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENTAL QUALITY
DIVISION OF ENERGY, MINERAL AND LAND RESOURCES
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
Bert Exum & WDV, Inc
Waterford
Brunswick County
FOR THE
construction, operation and maintenance of a non -discharging series of wet detention
ponds in compliance with the provisions of 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 Energy, Mineral and Land Resources and considered a part of this
permit.
This permit shall be effective from the date of issuance until February 15, 2021 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 Attachment A. For ease of reference, a summary of the
lots that have been recorded and the associated book/page is included as
Attachment B.
3. Approved plans and specifications for this project are incorporated by reference
and are enforceable parts of the permit.
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.
Page 3 of 10

State Stormwater Management Systems
Permit No. SW8 020510
5. The following design elements have been permitted for this non -discharging
series of wet detention ponds stormwater facility, and must be provided in the
system at all times.
a. Drainage Area, acres:
Onsite, ft2:
Offs ite, ft2:
b. Total Impervious Surfaces,
C. Pond Depth, feet:
d. TSS removal efficiency:
e. Design Storm:
f. Permanent Pool Elevation,
Pond 1, FMSL:
Pond 2-5, FMSL:
Pond 3, FMSL:
Pond 4, FMSL:
Pond 5, FMSL:
580.1
25,269,353
None
ft2: 9,874,355 (see Attachment A)
3.Oft minimum
90%
4", non -discharging pond
FMSL:
21.0
20.0
21.5
Pond 8, FMSL:
Pond 9, FMSL:
Pond 10, FMSL:
Pond 11, FMSL:
Pond 12, FMSL:
Pond 13, FMSL:
Pond 14, FMSL:
g. Permitted Surface Area @PP, ft2:
h. Permitted Storage Volume, ft3:
i. Storage Elevation, FMSL:
Pond 1, FMSL:
Pond 2-5, FMSL:
Pond 3, FMSL:
Pond 4, FMSL:
Pond 5, FMSL:
Pond 8, FMSL:
Pond 9, FMSL:
Pond 10, FMSL:
Pond 11, FMSL:
Pond 12, FMSL:
Pond 13, FMSL:
Pond 14, FMSL:
j. Controlling Orifice:
k. Permanent Pool Volume, ft3:
I. Forebay Volume, ft3:
m. Maximum Fountain Horsepower:
n. receiving Stream / river Basin:
o. Stream index Number:
p. Classification of Water Body:
23.0
20.0
19.0
21.0
22.0
22.0
22.0
22.0
20.0
3,123.260
3,636,768
23.0
22.0
23.5
23.0
22.0
20.0
22.0
23.0
23.0
23.0
23.0
22.0
n/a, non -discharging pond
n/a
n/a
n/a
.lackeys Creek/Cape Fear
18-77-3
"C; Sw"
Page 4 of 10

State Stormwater Management Systems
Permit No. SW8 020510
II. SCHEDULE OF COMPLIANCE
1. No homeowner/lot owner/developer shall fill in, alter, or pipe any drainage feature
(such as swales) shown on the approved plans as part of the stormwater
management system without submitting a revision to the permit and receiving
approval from the Division.
2. The permittee is responsible for verifying that the proposed built -upon area for
the entire lot, including driveways and sidewalks, does not exceed the allowable
built -upon area. Once the lot transfer is complete, the built -upon area may not be
revised without approval from the Division of Energy, Mineral and Land
Resources, and responsibility for meeting the built -upon area limit is transferred
to the individual property owner.
3. If an Architectural Review Board or Committee is required to review plans for
compliance with the BUA limit, the plans reviewed must include all proposed
built -upon area. Any approvals given by the Board do not relieve the homeowner
of the responsibility to maintain compliance with the permitted BUA limit.
4. 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 the approved plans, regardless of size.
b. Project name change.
C. Transfer of ownership.
d. Redesign or addition to the approved amount of built -upon area.
e. Further subdivision, acquisition, 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 or a CAMA Major
permit was sought.
f. Filling in, altering, or piping of any vegetative conveyance shown on the
approved plan.
5. The Director may determine that other revisions to the project should require a
modification to the permit.
6. 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.
7. 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.
6. During construction, erosion shall be kept to a minimum and any eroded areas of
the system will be repaired immediately.
9. 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.
Page 5 of 10

State Stormwater Management Systems
Permit No. SW8 020510
10. 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.
11. Permanent seeding requirements for the stormwater control must follow the
guidelines established in the North Carolina Erosion and Sediment Control
Planning and Design Manual
12. Prior to the sale of any lot, the following deed restrictions must be recorded:
a. The following covenants are intended to ensure ongoing compliance with
State Stormwater Management Permit Number SW8 020510 Modification,
as issued by the Division of Energy, Mineral and Land Resources under
NCAC 2H.1000.
b. The State of North Carolina is made a beneficiary of these covenants to
the extent necessary to maintain. compliance with the Stormwater
Management Permit.
C. These covenants are to run with the land and be binding on all persons
and parties claiming under them.
d. The covenants pertaining to stormwater may not be altered or rescinded
without the express written consent of the State of North Carolina, Division
of Energy, Mineral and Land Resources.
e. Alteration of the drainage as shown on the approved plans may not take
place without the concurrence of the Division of Energy, Mineral and Land
Resources.
Impervious Area required to be recorded is as summarized in Attachment
A. These allotted amounts include any built -upon area constructed within
the lot property boundaries, and that portion of the right-of-way between
the front lot line and the edge of the pavement. Built upon area includes,
but is not limited to, structures, asphalt, concrete, gravel, brick, stone,
slate, coquina'and parking areas, but does not include raised, open wood
decking, or the water surface of swimming pools. (For ease of reference,
a summary of the lots that have been recorded and the associated
book/page is included as Attachment B.)
g. Lots within CAMA's Area of Environmental Concern may be subject to a
reduction in their allowable built -upon area due to CAMA regulations.
h. All runoff on the lot must drain into the permitted system. This may be
accomplished through providing roof drain gutters which drain to the
street, grading the lot to drain toward the street, or grading perimeter
swales and directing them into the pond or street. Lots that will naturally
drain into the system are not required to provide these measures.
Built -upon area in excess of the permitted amount will require a permit
modification.
If the ownership of any commercial lot is not retained by the permittee, the
owner of each of the lots must submit a separate Offsite Stormwater
Management Permit application package to the Division of Energy,
Mineral and Land Resources and receive a permit prior to any
construction on the lot.
Page 6 of 10

State Stormwater Management Systems
Permit No. SW8 020510
13. A copy of the recorded deed restrictions must be submitted to the Division within
30 days of the date of recording the plat, and prior to selling lots. The recorded
copy must contain all of the statements above, the signature of the Permittee, the
deed book number and page, and the stamp/signature of the Register of Deeds.
14. Decorative spray fountains will not be allowed in the stormwater treatment
system.
15. Prior to transfer of the permit, the stormwater facilities will be inspected by
DEMLR personnel. The facility must be in compliance with all permit conditions.
Any items not in compliance must be repaired or replaced to design condition
prior to the transfer. Records of maintenance activities performed to date will be
required.
16. The permittee shall at all times provide the operation and maintenance
necessary to assure that all components of the permitted stormwater system
function 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 revegetation of side slopes.
d. Immediate repair of eroded areas.
e. Maintenance of side slopes in accordance with approved plans and
specifications.
f. Debris removal and unclogging of structures, orifice, catch basins and
piping.
g. Access to all components of the system must be available at all times.
17. Records of maintenance activities must be kept and made available upon
request to authorized personnel of DEMLR. The records will indicate the date,
activity, name of person performing the work and what actions were taken.
18. This permit shall become voidable unless the facilities are constructed in
accordance with the conditions of this permit, the approved plans and
specifications, and other supporting data.
19. Built upon area includes, but is not limited to, structures, asphalt, concrete,
gravel, brick, stone, slate, coquina and parking areas, but does not include
raised, open wood decking, or the water surface of swimming pools,
III. GENERAL CONDITIONS
1. This permit is not transferable to any person or entity except after notice to and
approval by the Director. In the event there is either a desire for the facilities to
change ownership, or there is a name change of the Permittee, a
"Name/Ownership Change Form" must be submitted to the Division of Energy,
Mineral and Land Resources accompanied by appropriate documentation from
the parties involved. This may include, but is not limited to, a deed of trust,
recorded deed restrictions, Designer's Certification and a signed Operation an -a'
Maintenance plan. The project must be in good standing with DEMLR. 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 of the terms and conditions
of this permit until such time as the Director approves the transfer request.
Page 7 of 10

State Stormwater Management Systems
Permit No. SW8 020510
3. Failure to abide by the conditions and limitations contained in this permit may
subject the Permittee to enforcement action by the Division of Energy, Mineral
and Land Resources, in accordance 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) which have 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 permit may be modified, revoked and reissued or terminated for cause. The
filing of a request for a permit modification, revocation and reissuance or
termination does not stay any permit condition.
7. Permittee grants permission to staff of the DEMLR to access the property for the
purposes of inspecting the stormwater facilities during normal business hours.
8. The permittee shall notify the Division of any name, ownership or mailing address
changes within 30 days.
9. 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.
10. If the use of permeable pavement is desired, this permit must be modified to add
the permeable pavement conditions.
11. The permittee shall submit a permit renewal application request at least 180 days
prior to the expiration date of this permit. The renewal request must include the
applicable documentation and the processing fee.
Permit modified and reissued this the 27th day of April 2016
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
Division of Energy, Mineral and Land Resources
By Authority of the Environmental Management Commission
Permit Number SW8 020510 Modification
Page 8 of 10

State Stormwater Management Systems
Permit No. SW8 020510
Waterford Page 1 of 2
Stormwater Permit No. SW8 020510 Modification
Brunswick County
Designer's Certification
I, , as a duly registered in
the State of North Carolina, having been authorized to observe (periodically/weekly/full
time) the construction of the project,
(Project)
for (Project Owner) hereby state that, to the
best of my abilities, due care and diligence was used in the observation of the project
construction such that the construction was observed to be built within substantial
compliance and intent of the approved plans and specifications.
The checklist of items on page 2 of this form are a part of this Certification.
Noted deviations from approved plans and specifications:
Signature
Registration Number
Date
SEAL
Page 9 of 10

State Stormwater Management Systems
Permit No. SW8 020510
Certification Requirements: Page 2 of 2
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. Trash rack is provided on the outlet/bypass structure.
8. All slopes are grassed with permanent vegetation.
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/or 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 vegetated shelf, a
forebay, and the vegetated filter.
15. The required dimensions of the system are provided, per the approved
plan.
cc: NCDEQ-DEMLR Regional Office
Brunswick County Building Inspections
Page 10 of 10

Attachment A - SWS 020510 - Waterfnrd Cnmm_ Ph7 Imnarvinuc Summary _ d/77/1 R
Perntlt
Number"
Lot #
(or SUA Type)
BUAU Lot
(of)
# of
Lob
Offsite Facifity`
Oft8ite
Permft Daft
Deed Rest
ftoik ► ra e
�
Iwioas Area
I Affocatee
{Per OffsNe Pw wh)
imoervio A!@S
Pr opom►d
Baer Oftits ftwie
Wl
impwvfae Ar"
(gar Sim 0;-.V510)
(84
Tract A
232,896
-
Roads
-
-
-
_
222,437
-
Sidewalk/Parking
10,459
-
Future
_
_
_
_
-
0
Tract B
1,086,116
-
Roads
-
-
-
-
-
244,322
-
Sidewalk/Parking
-
-
-
-
24,394
-
Future
-
-
_
_
-
0
-
161 Lots
-
-
-
816,400
-
1-44
3,600
44
-
-
46-88
5,800
43
-
-
89R
11,600
1
-
-1
91-102
1 5,800
12
-
-
103-130
1 5,8001
28
-
131-163
1 5,0001
33
-
-
Tract C
466,261
-
Roads
-
-
-
-
-
117,612
-
Sidewalk/Parking
-
-
-
-
3,049
-
Future
-
-
-
_
-
0
-
96 Lots
3,600
96
-
-
-
345,600
Tract D
15,8
-
Buildings (Amenity, etc)
-
-
_
_
-
688
,
-
Sidewalk/Parking
-
_
_
_
-
10
80,110
-
Other
_
_
_
-
-
58,806
-
Future
-
-
-
_
-
8,400
raet a future B
653,
Tract F
139,896
SW8 040105
Lot 1
64,613
1
Assisted Care Headquarters at Waterford
3/10/2004
64,613
54,569
64,613
-
Lot 2
27,019
1
Current Owner: Exum Holding, LLC
Status: Undeveloped, Permit Needed Before Construction
-
?
27,019
SW8 130406
Lot 3
29,029
1
Current Owner: Exum Holding, LLC
Status: Constructed, Permit Required (Requested on 4/17/13)
-
?
29,029
-
Lot 4 1
19,235
1 1
Current Owner: Exum Holding, LLC
Status: Undeveloped, Permit Needed Before Construction
?
19,235
Tract G
83Q,306
-
Roads
-
-
-
_
207,346
-
Sidewalk/Parking
-
_
_
-
_
7,66060
-
Future
-
-
-
_
-
0
615,300
-
137 Lots
-
-
-
-
-
-
1-41
5,250
41
-
-
42-104
3,600
63
-
-
105-117
5,250
13
-
-
118R-120R
5,250
3
-
-
122-136
5,250
15
-
-
137R-138R
5,250
2
-
_
Attachment A - Page 1 of 4

Attachment A - SWR 020S10 - Waterford Cnmm_ Phi Imnarvinuc Summary _ A/77/1 f
Pormk.,
Numbef—
Lot 9
(or BIJA Type)
BUAI Lot
(
0 of
LCs
CNfslts Faci I iity Name
Qffatift
Permit Date
Deed Rest
Book I Page
�
Impervious Area
Aflocatod
(Per Oftne Permit)
(sifta
Impervious Area
Proposed
(per Offsfte PWMM
kapervIouis Area
(Per SINIl; 020510)
Tract H389,994
-
Roads
-
-
-
-
-
77,101
-
Sidewalk/Parking
-
_
_
_
893
-
Future
-
-
-
_
_
0
-
52 Lots
6,000
521
312,000
Tract I
437,405
-
Roads
-
-
-
-
-
103,673
-
Sidewalk/Parking
-
-
-
-
-
3,732
-
Future
-
-
_
_
_
0
-
41 Lots
-
-
-
-
-
330,000
-
1-9
8,000
9
_
-
10
10,000
1
_
-
11-41
8,0001
31
-
-
_
_
Tract J
1,302,284
-
Roads
-
-
-
-
-
311,839
-
Sidewalk/Parking
-
-
-
-
-
1845
-
Future
-
-
-
_
0
-
178 Lots
-
-
-
-
-
988,600
-
1-4
5,800
4
-
_
-
5-12
6,500
8
-
-
-
-
12A
6,500
1
-
13-37
6,500
25
-
38-44
5,800
7
-
-
45-48
6,500
4
-
-
49-100
3,800
52
-
-
101-102
5,8001
2
-
-
103-104
6,500
2
-
105
5,800
1
-
106-113
6,500
8
-
114
5,800
1
-
115-117
6,500
3
-
118-121
5,800
4
-
122-128
6,500
7
-
129-147
5,800
19
-1
148-175
6,500
28
-1
176-177 1
5,8001
2
-
-
-
_
Attachment A - Page 2 of 4

Attachment A - SWR n2n51n - Watprfnrrl rnmm_ Ph7 Imnarviniie Ciimmnry - d/77/79
Pr>
Lot
RUA/ Lot
0 of
Offske Facility Nam
Offisito
Deed Rost I Imp Area
Wriperviotts Area
Irnpervious Area
Number"
(or SUA Type)
(9f)
Lots
Permit Date
Book/Pagol ARoc ttd
f Proposed
s 1
(Per oftho Permit)
(Per Oftfte f /t)
(sf)
a
s
Tract K
1,096,167
SW8 061114
Lot K1
753,152
1
Waterford Commercial Development (a 6-Lot Subdivision + Harris Teeter)
2/26/2007
1,075,751
753,152
Current Owner: Weingarten Nostat, Inc.
SW8 061114*
Lot 1
1
Waterford Commercial Development, Tract K1 (Lotl)
55,539
TBD
Leased to Wells Fargo Bank
Current Owner: Weingarten Nostat, Inc.
SW8 080530
Lot 2
1
Smithfields Waterford
6/20/2008
54,79-9
39,364
TBD
-
Lot 3
1
Current Owner: Weingarten Nostat Inc.
55,169
TBD
Status: Undeveloped, Permit Needed Before Construction
-
Lot 4
1
Current Owner: Weingarten Nostat Inc.
56,650
TBD
Status: Undeveloped, Permit Needed Before Construction
-
Lot 5
1
Current Owner: Weingarten Nostat Inc.
55,539
TBD
Status: Undeveloped, Permit Needed Before Construction
SW8 061114*
Lot 6
1
Waterford Commercial Development, Tract K1 (Lot6)
370,845
TBD
Leased to Harris Teeter
Current Owner: Weingarten Nostat, Inc.
-
Lot K3
291,619
1
Modification Needed: Combined into single lot, Lot 7. (Harris Teeter,
Jersey Mikes, Dentist, etc)
-
?
291,619
-
Lot K4
51,396
1
-
?
51 396
Current Owner: Weingarten Nostat, Inc.
Status: Undeveloped, Permit Needed Before Construction
Tract L
1,560,223
-
Roads
-
-
-
-
385,070
-
Sidewalk/Parking
-
-
-
-
-
61,855
-
Future
-
-
-
-
-
0
-
Townhomes
-
-
-
-
-
143,748
-
177 Lots
-
-
-
-
969,550
-
1-134
6,000
134
-
-
_
-
135-177
3,850
43
-
-
ract M
191,722
-
Roads
-
-
-
_
_
10,058
-
Lot 14R
191,722
- 1
-
-
181,664
Current Owner: Exum Holdings, LLC
Status: Undeveloped, Permit Needed Before Construction
Tract N (all future
BUA)
311,415
-
Lot 1
419,0471
Current Owner: Exum Holdings, LLC
-
-
Status: Undeveloped, Permit Needed Before Construction
(Mote' Likely to Be Stibdivided (Mod ication Required)
Attachment A - Page 3 of 4

Attachment A - SW8 020510 - Waterford Comm. Ph2 Impervious Summary - 4/27/16
pormit
Lot #
B11A/ Lot.
Offsille Faculty Name Offsitae
Ned Rest. I Impervious Area
Impem ious Ama
k npeMmis Area
Number**
(or BUA Type)
(sfl
Lolly
Permit Date
Bank / Pale Affocated
Proposed
(Per SW8 0=10)
I Mw offsft P rr4
(Per Oftft Pwrn
(sf}
s
s
Tract O
1,023,086
-
Roads
-
-
-
_
_
66,536
-
Future
-
-
-
1231651
-
6 Lots
-
-
-
_
_
832, 899
SW8 080602
Lot 8
35,789
1
Corning Federal Credit Union
6/17/2013
B3418/
35,789
35,789
35,789
Current Owner: Corning Federal Credit Union
P0529
Status: Permit Pending
SW8150801
Lot 9
63,430
1
Curent Owner: Caroline Shores Car Wash
8/3/2015
63430
63430
63430
Status: Under Construction. Permit Approved
SW8 130407
Lot 10
58,217
1
Goodwill
7/2/2013
B2971/ P099
44,390
44,390
58,217
Current Owner: Goodwill Community Foundation, Inc.
(Additional 13,827sf
(Additional 13,827sf
Status: Constructed, Permit Required (Requested on 4/17/13)
future in permit)
future in permit)
-
Lot 11
44,084
1
Curent Owner: Exum Holdings, LLC
-
-
TBD
Status: Undeveloped, Permit Needed Before Construction
-
Lot 12
577,309
1
Curent Owner: Exum Holdings, LLC
-
-
TBD
Status: Undeveloped, Permit Needed Before Construction
-
Lot 13
54,070
1
Unknown.
Total:
*This lot is retained by the owner, Wiengarten Nostat, inc and is leased to another entity as shown.
** There is at least one residential offsite permit, SW8 030710 that needs to be included in this master table.
9,874,355
Attachment A - Page 4 of 4

z
t
U
U
n
O
�
N
N
01
q
0
0 0 0 0 0 0 0 0 0 0 0
O O O CD CD O CD CD CD O O
0 0
O O
O
O
O
O
O
0 0
O O
Oy
� � � � O O o0 00 110 0010
O CDN
110
O
00 kn
M M M M to tn w-) kr M
o0 O
tf�
M
b
0
Cd
N
o
0r0
N
42
o
o
0
0
0
0
0
N
Iz
\p
\C
M
V
A
N
N
N
N
N
N
„d Z
ON
00
00
00
00
N
�r d
•O
voU
O
kn
p , O
C
Mall M
?
ON
00
N c V
0-0
rn
'er
v,
cn
0
m
O
y k n
O
°� 00
N
M M
O
O
'd
W N
N
[� 01 00 V 1 00
Lj
N M o0 .� N •-- N ,�
y O\
y �t
y
y v�
y .�
p
�000000��'��o
�aaaaaa o 0 0 oa
'"'' o o
'"' o
''" o
`"' o
'"' o 0
< m -a
waa
a
wa
�aa
r# ,--� •- y ,-- ,-- N N Cf) d• "Zrkn . -
N N
N.-
�I
c�
a� 0 0 0 0 0 0 0 0 0 0 0
Q 0 0
0 o
Q 0
w o
Q 0 0
(19
V
41
C/) CI] CA rA CQ Cl) C!) Cl) C!] V) Cn
un V)
W)
CO]
N
+O+ M
a 't
b a) v cti �ti cu a) cu p
u G
q N
G
Ln h
tiaaw9w9L.wa•wa•4a.,aa•491,
,maw
�w
�a
tea,
�P"
r

11
000
0
0
0
00
00
0
00
0
00
000
00 00 in
kn
N
N
0
00
00
00 Wn
00
110 \D
o
O
v)0
00 O
0
O
00
00 O
M kr l6
kK
cl
16
M M
�D
M \O
\O
tr 1%
rl
00
OlA
00
In
N
OP-4C
N
N
N
00
N
N
N
N
N
N
N
9
c0
d,
k
kn
kn
tn
00
00
O
00
N
N
N
�
N --
i
N
00 VA
00 00
QIS
0y0
rA
y
�
VJ �vj
.�
f10 00 00
+p
"tO\v
.Oi
M
.0
oMlo
.0
�~�
vy'r
.000�
..Oil
r
�
�
��
--
N
�'
kAN
•--� p
a M
p�
N
,--
a C'
a M \D
�n �n
a0
C,
M N
M
In
m In m
F7
GO
rn
rn m
p p
m
,-- r ,
rn m
N
h
v) in
rn
O O
~~O~O
O
0 0
a
~ O
O O
aaa
�a
�
wO
M
a
4
*0aas
aO
aO sO
N
Cf)
M M
-- --
,
N M
kn in
Q O
O O
O
O O
U U U
O U
O U
O U
O D U
O D U
O U
U U
U
U U
v)
Wntn
kn
tnln
N U
W
m
m
rn�
U U
O �U)
U
0.)y
a914P-4
�a,
�a
�a
as
�aa
�a
as
a
as

High Density Residential Subdivisions
Deed Restrictions & Protective Covenances
In accordance with Title 15 NCAC 2H.1000 and S.L. 2006-246, the Stormwater Management Regulations,
deed restrictions and protective covenants are required for High Density Residential Subdivisions where
lots will be subdivided and sold and runoff will be treated in an engineered stormwater control facility. Deed
restrictions and protective covenants are necessary to ensure that the development maintains a "built -upon"
area consistent with the design criteria used to size the stormwater control facility.
I, Bert Exum, acknowledge, affirm and agree by my signature below, that I will cause the following deed
restrictions and covenants to be recorded prior to the sale of any lot:
1. The following covenants are intended to ensure ongoing compliance with State Stormwater
Management Permit Number SW8 020510as issued by the Division of Water Quality under the
Stormwater Management Regulations.
2. The State of North Carolina is made a beneficiary of these covenants to the extent necessary to
maintain compliance with the stormwater management permit.
3. These covenants are to run with the land and be binding on all persons and parties claiming under
them.
4. The covenants pertaining to stormwater may not be altered or rescinded without the express written
consent of the State of North Carolina, Division of Water Quality.
5. Alteration of the drainage as shown on the approved plan may not take place without the concurrence
of the Division of Water Quality.
6. The maximum allowable built -upon area per lot is as shown on the attached table. This allotted amount
includes any built -upon area constructed within the lot property boundaries, and that portion of the
right-of-way between the front lot line and the edge of the pavement. Built upon area includes, but is not
limited to, structures, asphalt, concrete, gravel, brick, stone, slate, coquina and parking areas, but does
not include raised, open wood decking, or the water surface of swimming pools.
7. Each lot will maintain a 30 foot wide vegetated buffer between all impervious areas and surface waters.
8. All runoff from the built -upon areas on the lot must drain into the permitted system. This may be
accomplished through a variety of means including roof drain gutters which drain to the street, grading
the lot to drain toward the street, or grading perimeter swales to collect the lot runoff and directing them
into a component of the stormwater collection system. Lots that will naturally drain into the system are
not required to provide these additional measures.
SI
02 '/,2 -1t
.a Notary Public in the
State of &1bM L6xj>1r », �
� , ,Co"unty of 5/t
Runslyke,
do hereby certify that obeA4- C % i�l� personally appeared
before me this the day of , 2015', and acknowledge
the due execution of the foregoing instrument. Witness my hand and official seal,
My Commission expires 0 -4 f- -,
Form DRPC-3 Rev.2 05Nov2009 Page 1 of 1

�
a
a
o
0OOooOOOCC) oO
00000OOOooO
00
aO
0
kn
0
o
o
o
OO000
OooOo
O 00 00 \O 00 'o
O O
N
\D
O
00 Vl 00 00 In
J
M M M M xr w kr kn kr M
o0 O
.�
�
cPj
\p
W � cry kr 1.
N
N
00
N O
00
O
A CQ
00
N
O
N
O
N
O
N
O
N
cd
M
�i
81
0000
0`0
0000
0\0
N
<r
M
N
ON
00
M M00
•0tt
Fq� cq ,
Q�
Q�� all
.�N en
tn
O O O O O O ram+ ram+ w+ +�-O
aaaaaa o 0 0 oa
+,
+�+
+�+
N
�¢aavQ�aaa-4
�aa
-Wa
wa
�a
waaaaa
•-� .--� ,-• N N M't IT Wl .-i
N N
O N
M
.-,
.-- ,--� N d
CD o 0 0 0 0 0 0 0 0 0 0
as 0 0
as 0
Q 0
as 0 0 0 0 0
o E
Urnrinrn�Cn��V)��C
UU)�
U�
Ucn
On
CA
a00 � ' 4 --i -.4 . 4 -4 .-4 _-f _q N
M M
rC+ N
r0+ N
r6+ M
co
ram+ a d
+•+ N vNv�� u07 vN� O O 0 N 0 Ny vNa
aaaaa'�.
w+ al cu
r.+ vea
r••, n_�
t+ vflj
�aaaaa'�.,
�aa
,tea,
,tea
;tea,
�aaa,aa

O
O
kn
O
O
O O
00
O O
00
O
O
O O
vn0
O
O
O O
00
N
N
00
00 to
O
00 O
O
00 O
V1
tr�
M
in
ON
00
N
ob
in
N
N
00
r-I
N
1- 4
N
N
N
N
N
N
O
�
O
O
C
r
M
0000
N
0000
00
N
N
N
�
N M
0Q
00 00
O .--�
rm
rod �.j
wl 00 00
wl
[�
•
DD
Mkn
00001
P"l
O
•� M
t
--i
M
kn
M
N
M
vQQ�
00
�"ON
N
M
M
[r N
~ O
~ O
~ O
~ O O
~ a a
� +'
.-� .-,
4-' 4'
N
4.
W) W)
�a
wa
M
�a
N
waa
M M
U
�a
as
a
as
cc
do
ad
M
V7 Vl
q
as o
0
a 0
0 0
0 0
as 0 0
a) 0
0 0
0
0 0
CA
�N
*0v
*A14,I
�N N
�N
kn W)
Vn
W) kn
0
A
0
€ 0 wj m
0
m
U3
da as
�a.aw
a
a
as

r l�
Johnson, Kelly 1411,0 ro pm ))O;f�mz, V,
From: Matt Haley <[e-mail]>
Sent: Tuesday, April 26, 2016 2:15 PM
To: Johnson, Kelly
Subject: RE: SW8 020510, Waterford Add Info
Attachments: 2016-04-26 Waterford master table.xls
See attached. Found that sidewalKs/parking were not included in Tract G and that Tract N impervious was reduced to
only 311,415 sf. The total on the spreadsheet is now 9,874,355 sf. It is off from the application and previous permit by 1
sf. Can't figure out where the difference is but it is minor. Let me know if you have any other questions.
Thanks,
Hafthew Haley, PE
C -A -PE .FR
ElvfGINEE ING
matt.haley(aD-capefearenaineerina.com
PH: 910.383.1044
151 Poole Road, Ste. 100 1 Beiville, NC 1 28451
From: Matt Haley
Sent: Monday, April 18, 201610:00 AM
To: Johnson, Kelly <[e-mail]>
Subject: Re: SW8 020510, Waterford Add Info
Kelly,
I do not recall this coming up previously and will need to look into it. I don't think there was any intention of increasing
BUA from what was previously permitted. Stay tuned.
Thanks,
Matthew Haley, P.E.
Cape Fear Engineering, Inc.
On Apr 18, 2016, at 9:52 AM, Johnson, Kelly <[e-mail]> wrote:
Matt,
Just following up...
Thanks,
KJ
From: Johnson, Kelly
Sent: Wednesday, April 13, 201612:55 PM
To:'Matt Haley' <[e-mail]:>
Subject: RE: SW8 020510, Waterford Add Info
Matt,
1 4Q

I am hoping that we have already discussed this, and it just got left out of my notes. The previous
permit ,and the current applicatior-+i both show 9,874,356sf of BUA. But the current table shows
9,974,327sf of BUA? What is going on with that?
Thanks
hJ
From: Matt Haley [mailto:matt.haleyPcar-e,ea,ergreerine.com]
Sent: Wednesday, April 13, 2016 9:11 AM
To: Johnson, Kelly <[e-mail]>
Subject: RE: SW8 020510, Waterford Add Info
Kelly,
Here is what we have. Please iet me knowif yo:.r have any questions or need anything else.
Thanks,
Matthew Haley, RE
<i,*�01.p ng,>
matt. haley(a)-capefearenaineerina.com
PH: 910.383.1044
151 Poole Road, Ste. 100 j Belville, NC 1 28451
From: Johnson, Kelly[mailto:[e-mail]]
Sent: Wednesday, April 13, 2016 9:04 AM
To: Matt Haley < matt. haiev@capefeareneinee rinp,.com>
Subject: FW: SW8 020510, Waterford Add Info
Matt,
I am going to try to tackle this one today. Will you please email me the newest BUA summary table and
the newest deed restriction table so I can include those in the permit text?
Thanks,
KJ
From: Johnson, Kelly
Sent: Monday, February 15, 2016 10:33 AM
To: Matt Haley <[e-mail]>
Cc: Bert Exum ([e-mail]) <[e-mail]>
Subject: FW: SW8 020510, Waterford Add Info
Matt,
There is a group that is likely going to buy/develop two lots in Tract K, and they were here on Friday with
questions. During that meeting I realized that the commercial sites aren't in the deed restrictions
submitted last week. Please make sure that all of the lots, including the commercia! ones, are on the list
to be recorded.
Thanks,
KJ

From: Johnson, Kelly
Sent: Wednesday, February 10, 2016 10:20 AM
To: Bert Exum (bertexurn@aol.c ni) <bertexr!m aoi.com>; Matt Haley
<[e-mail]>
Subject: SW8 020510, Waterford Add Info
All,
Thanks for meeting today. Here are the items we discussed that are remaining.
1. Pipes on Tract K: Please update the plans to reference the details on SW8 061114. 1 will contact
them and ask them to correct their plans.
2. Tract E: Please update the impervious area table to show that SW8 030710 is on Tract E.
3. Jeff Petroff's Plans: I will add those to your set so that they are all approved together
4. General Changes since 2/2015:
a. All of the offsites that have been permitted have been added to the table.
b. Jeff Petroff's data has been added to the table.
c. A new emergency overflow was added in Tract K.
d. The pond depths were constructed at a minimum of 3ft depth. The plans had originally
intended for them to be deeper in some areas, but that was not possible due to
coquina. The plans were changed to reflect the as -built conditions so that the project
could be certified as opposed to the ponds being filled in to be more shallow than they
are currently.
e. You have changed the number of lots and BUA/lot, but you have submitted new,
notarized deed restrictions that will be recorded to reflect the current
configuration. There is a clause in the covenants that will allow you to record
restrictions for lots that have been sold.
5. NOV Resolution:
a. Deed restrictions will be recorded.
b. Maintenance will be finished.
c. The PE Cert will be completed once the permit is modified to reflect the current
conditions.
6. Other: We didn't talk about this, but will you please email me two things:
a. The new BUA summary table
b. The deed restriction table (so I can cut/paste it into the permit text)
I have to set a due date so management can track progress. Please respond by March 10, 2016.
Thanks,
Kelly
1-,'6LWohVlsoVL
Kelly Johnson
Environmental Engineer
NC Division of Energy, Mineral and Land Resources
Stormwater Permitting
127 Cardinal Drive Extension
Wilmington, NC 28405-3845
Office: 910.796.7331
3

CAPE FEAR
ENGINEERING
March 10, 2016
Kelly Johnson
127 Cardinal Drive Ext.
Wilmington, NC 28405 MECEIVIEpu
RE: Additional Information Request - MAR i 2016
Waterford of the Carolinas — SW8 020510 Modification BY
Town of Leland, Brunswick County, North Carolina
Dear Kelly,
Cape Fear Engineering is providing the below responses to your Requests for Additional Information for
the Waterford stormwater permit (SW8 020510) received via emails on February 10'h and February 15th.
I. Items Email on (2/10/16):
L Pipes on Tract K. Please update the plans to reference the details on SW8 061114. I will
contact them and ask them to correct their plans
RESPONSE: Revised Sheet SW-K has been provided.
2. Tract E. Please update the impervious area table to show that SW8 030710 is on Tract E.
RESPONSE: The master tracking spreadsheet has been updated.
3. Jeff Petroffs Plans: I will add those to your set so that they are all approved together
RESPONSE: Concur
4. General Changes since 212015.
a. All of the offsites that have been permitted have been added to the table.
b. Jeff Petroffs data has been added to the table.
C. A new emergency overflow was added in Tract K.
d The pond depths were constructed at a minimum of 3ft depth. The plans had originally
intended for them to be deeper in some areas, but that was not possible due to coquina.
The plans were changed to reflect the as -built conditions so that the project could be
certified as opposed to the ponds being filled in to be more shallow than they are
currently.
e. You have changed the number of lots and BUA/lot, but you have submitted new,
notarized deed restrictions that will be recorded to reflect the current configuration.
151 Poole Road, Suite 100 • Belville, NC 28451 • TEL: [phone] • FAX [phone]
www.copefearengineering.com

There is a clause in the covenants that will allow you to record restrictions for lots that
have been sold
RESPONSE: Concur
S. NOVResoludon:
a. Deed restrictions will be recorded
A Maintenance will be finished
c. The PE Cert will be completed once the permit is mod led to reflect the current
conditions.
RESPONSE: Concur
& Other: We didn't talk about this, but will you please email me two things:
a. The new BUA summary table
b. The deed restriction table (so I can cut/paste it into the permit text)
RESPONSE: These items will be emailed as requested.
IL Items Email on (2/15/16):
1. There is a group that is likely going to buy/develop two lots in Tract K, and they were hereon
Friday with questions. During that meeting I realized that the commercial sites aren't in the
deed restrictions submitted last week. Please make sure that all of the lots, including the
commercial ones, are on the list to be recorded
RESPONSE: Draft Deed Restrictions for the Commercial Lots have been included for review.
Please note that the provided Deed Restrictions only refer to Tract K and not the individual lots
within Tract K since Tract K has its own offsite permit.
I trust that this information is sufficient for you to continue your review of the subject project; however,
please let us know if you have any questions or need any additional information.
Sincerely,
Matthew Haley, P.E.
Cape Fear Engineering, Inc.
Cc: File 650-001 "365'
151 Poole Road, Suite 100 • Belville, NC 28451 • TEL: [phone] • FAX [phone]
www.capefearengineering.com

CAPE FEAR
ENG.aN. E ER! NG
151 Poole Road, Suite 100
Belville, NC 28451
TEL [phone]
FAX [phone]
www.capefearengineering.com
To�
NCDENR
Water Quality Section - Stormwater
127 Cardinal Dr. Ext
Wilmington, NC 28405
Attn: I
Kelly Johnson
® As Requested ❑ For Your Files
❑ Sent via Mail ❑ Sent via Courier
Transmittal
Date: March 10, 2016
File: 650-001 "36"
Subject: Waterford Stormwater Permit
Add -Info Submittal
(SW8 020510)
❑ For Distribution ® For your Review / Action / Approval
Quantity
Drawing No.
Description
1
Original
Cover Letter
2
Copy
Revised Master Tracking Table
2
Copy
Revised Draft Commercial Deed Restrictions
2
Copy
Revised Stormwater Management Plan Sheet SW-K
ECEIVE.
MAR i1 =-
REMARKS Please let me know if you have any questions or need any additional information. Thanks.
CC:
File 650-001 "36"
MAR t 1. 2w
Cape Fear Engineering, Inc.
Signed:
Matthew Haley, PE
Received By:
Date:
P:16501650-0011ADMINISTORMWATERIFEB 2016 MODIFICATION RESUBMrrrAL12016-m-10 add info responsdO.016-nO-10 Trans NCDENR Stonnwater.doc

Johnson, Kelly
From: Johnson, Kelly
Sent: Thursday, March 10, 2016 1:48 PM
To: Matt Haley
Subject: Waterford Extension
Matt,
I got your voicemail that the package is due today, but Elizabeth will be here for a meeting tomorrow and so it would be
easier to bring it by tomorrow rather than today. That is fine. I'll "officially" extend the date to tomorrow.
Thanks,
KJ
K.eI.L )hVusovt,
Kelly Johnson
Environmental Engineer
NC Division of Energy, Mineral and Land Resources
Stormwater Permitting
127 Cardinal Drive Extension
Wilmington, NC 28405-3845
Office: 910.796.7331
Fax: [phone]

Johnson, Kelly
From: Jeff Petroff <[e-mail]>
Sent: Friday, November 20, 2015 4:26 PM
To: Johnson, Kelly; Matt Haley
Subject: RE: SW8 050210, Waterford Master Permit - Tract D
Thanks again Matt and Kelly,
I'll drop off two sealed supplemental sheets. Matt can you update your master table with the numbers on our plan for
Kelly?
Thanks and have a great weekend,
Jeff Petroff, P.E.
Project Engineer
Coastal Land Design, PLLC
PO Box 1172
Wilmington, NC 28402
Telephone: [phone] ext. 1002
Fax: [phone]
www.CLDena.com
From: Johnson, Kelly [mailto:[e-mail]]
Sent: Thursday, November 19, 2015 1:51 PM
To: Jeff Petroff <[e-mail]>; Matt Haley <matt.ha ley@ ca pefea re nginee ri ng.com >
Subject: RE: SW8 050210, Waterford Master Permit - Tract D
Jeff. That is fine. I need to get the updated master table, too, showing the reallocated impervious.
Thanks,
KJ
From: Jeff Petroff [mailto:[e-mail]]
Sent: Thursday, November 19, 2015 10:35 AM
To: Matt Haley <matt.halev capefeareneineerine.com>; Johnson, Kelly <[e-mail]>
Subject: RE: SW8 050210, Waterford Master Permit - Tract D
Thanks Matt!
Here are our proposed uses for a portion of the impervious reserve on Tract D. I'm labeling up our sheet as a
supplement to your sheet. If you are okay with it Kelly, I'll get a couple sealed copies of this sheet to slip into your set?
Thank you both for your help with this!
Jeff Petroff, P. E
Project Engineer

7
Coastal Land Design, PLLC
PO Box 1172
Wilmington, NC 28402
Telephone: [phone] ext. 1002
Fax: [phone]
www.CLDeng.com
From: Matt Haley
Sent: Wednesday, November 18, 2015 4:14 PM
To: Johnson, Kelly <kellv.p.iohnson@ncdenr Jeff Petroff <[e-mail]>
Subject: RE: SW8 050210, Waterford Master Permit - Tract D
Jeff,
Attached is a copy of the plan sheet for the Amenity Center that we submitted to Kelly as part of the pending Waterford
permit modification. I think it should be fairly easy to incorporate your changes into this overall Tract D sheet and "slip"
into the set that Kelly currently has at her desk. Can you send me a plan showing your proposed improvements?
Thanks,
Matthew Ha'ey, PE
EWTE FEAR
EIS INEERING
malt.halev%capefearengineering.com
PH: 910.383.1044
151 Poole Road, Ste. 100 1 Belville, NC 1 28451
From: Johnson, Kelly[mailto:kelly.n.johnsonCcbncdenr.gov]
Sent: Thursday, November 05, 2015 7:49 AM
To: Jeff Petroff
Cc: Matt Haley
Subject: RE: SW8 050210, Waterford Master Permit - Tract D
Jeff,
If you jump in on the upcoming submittal with Matt, will you please make sure I get two sets of supporting plans of the
amenity center so it gets permitted appropriately?
Thanks,
Kelly
From: Jeff Petroff [mailto:[e-mail]]
Sent: Wednesday, November 04, 2015 7:43 PM
To: Johnson, Kelly [e-mail]>
Cc: Matt Haley <matt.halev@capefeareneinee ring. com>
Subject: RE. SW8 050210, Waterford master Permit - Tract D
Thanks for bringing me up to speed Kelly! Really appreciate it.

Matt, if there is any way we could work our sheet into the Tract D section during the review and claim 1,500sf of the
10,000sf future allocation, it would be greatly appreciated. I've been emailing Bert on this and he is aware of what we
want to do.
Thanks,
Jeff Petroff. P.E.
Project Engineer
Coastal Land Design. PLLC.
PO Box 1172
Wilmington, NC 28402
Telephone: [phone] ext. 1002
Fax: [phone]
www.CLDeng.com
From: Johnson, Kelly [mailto:kelly.p.iohnson(a ncdenr.go�)
Sent: Wednesday, November 4, 2015 8:46 AM
To: Jeff Petroff <ipetroff@clden com>
Cc: Matt Haley <[e-mail]>
Subject: SW8 050210, Waterford Master Permit - Tract D
Jeff,
There is a lot going on at Waterford. The HOA and the developer have lawyers mediating some issues (which I think are
broader than stormwater). But, the permit is mixed up in that. Matt Haley of Cape Fear Engineering, cc'd, is working on
the overall stormwater permit for the Waterford permittee (WDV, Inc. / Bert Exum). One of the main issues that they
have to fix under the NOD is to "fix" the BUA summary showing "who gets what", that there are deed restrictions, and
that it "fits" in the inter -connected pond system. I have attached the latest draft (Matt, correct me if -you have changed
it since we last talked.)
It shows a 10,000sf "future" area for Tract D. I remember talking to someone last year about potentially moving BUA
around at that amenity center, but I believe you are right that we decided to wait and let all of the legal issues work out
and then worry about it. They probably didn't think it would take so long, though. This project has been in house since
February, and we agreed to delay review until the lawyers figure out their issues. It is due on 11/15/15.
2
From: Jeff Petroff [mailto:[e-mail]
Sent: Tuesday, November 03, 2015 4:50 PM
To: Johnson, Kelly <[e-mail]>
Subject: Waterford.....
Hi Kelly,
Hope you are doing well. Georgette told me you were working on the Waterford stormwater permit modification
(aren't you lucky....). The reason I'm reaching out is that I'm working for an architect on the clubhouse addition (Tract
D). I had originally been told the reallocation of either 9,000 or 10,000 sf (I've been told different amounts) had already
been transferred to the Amenity Center tract for this addition. Obviously that was incorrect. We are wanting to use
about 1,500sf for this addition, so we've got a plan that we would like to submit when the time is right. When would be
the right time? After everything has been cleared up with the transfer, or during your review? Just thought I'd muddy
the waters a bit...

V 6
Thanks for your help!
Jetf Petroff, P.E.
Project Engineer
0
Coastal Land Design, PLLC
PC Box 1172
Mmington. NC 25402
TE'ephone: 310.254.9333 ext. ' 002
Fax: [phone]
www.CLDeng.com

Johnson, Kell Y
From:
Johnson, Kelly
Sent:
Monday, February 15, 2016 10:33 AM
To:
Matt Haley
Cc:
Bert Exum ([e-mail])
Subject:
FW: SW8 020510, Waterfnrd Add Info
Matt,
There is a group that is likely going to buy/develop two lots in Tract K, and they were here on Friday with
questions. During that meeting I realized that the commercial sites aren't in the deed restrictions submitted last
week. Please make sure that all of the lots, including the commercial ones, are on the list to be recorded.
Thanks,
KJ
From: Johnson, Kelly
Sent: Wednesday, February 10, 201610:20 AM
To: Bert Exum ([e-mail]) <[e-mail]>; Matt Haley <[e-mail]>
Subject: SW8 020510, Waterford Add Info
All,
Thanks for meeting today. Here are the items we discussed that are remaining.
1. Pipes on Tract K: Please update the plans to reference the details on SW8 061114. 1 will contact them and ask
them to correct their plans.
2. Tract E: Please update the impervious area table to show that SW8 030710 is on Tract E.
3. Jeff Petroff's Plans: I will add those to your set so that they are all approved together
4. General Changes since 2/2015:
a. All of the offsites that have been permitted have been added to the table.
b. Jeff PetrofPs data has been added to the table.
c. A new emergency overflow was added in Tract K.
d. The pond depths were constructed at a minimum of 3ft depth. The plans had originally intended for
them to be deeper in some areas, but that was not possible due to coquina. The plans were changed to
reflect the as -built conditions so that the project could be certified as opposed to the ponds being filled
in to be more shallow than they are currently.
e. You have changed the number of lots and BUA/lot, but you have submitted new, notarized deed
restrictions that will be recorded to reflect the current configuration. There is a clause in the covenants
that will allow you to record restrictions for lots that have been sold.
5. NOV Resolution:
a. Deed restrictions will be recorded.
b. Maintenance will be finished.
c. The PE Cert will be completed once the permit is modified to reflect the current conditions.
6. Other: We didn't talk about this, but will you please email me two things:
a. The new BUA summary table
b. The deed restriction table (so I can cut/paste it into the permit text)
I have to set a due date so management can track progress. Please respond by March 10, 2016.
Thanks,
Kelly

FCeUL�jokwsow
Kelly Johnson
Environmental Engineer
NC Division of Energy, Mineral and Land Resources
Stormwater Permitting
127 Cardinal Drive Extension
Wilmington, NC 28405-3845
Office: 910.796.7331
Fax: [phone]

Johnson, Kelly
From: Matt Haley <[e-mail]>
Sent: Monday, November 28, 2016 8:54 AM
To: Johnson, Kelly
Cc: Bert Exum
Subject: RE: Waterford State Stormwater (SW8 020510) - Issued
Kelly,
We are doing everything we can to wrap this one up. It was everyone's hope to have it wrapped up by the end of the
year but unfortunately it does net look like that is going to be feasible.
We are actively working with a contractor and the owner to figure out a cost effective plan to make necessary
modifications to approximately 10 outlet structures to bring them into compliance with the approved permit. We feel
that we have identified a solution that will allow the modifications to be made without having to pump down the ponds
or requiring large equipment.
The plan is to tryout this solution on one or two boxes by the end of the year and if all goes well finish up the remaining
repair work after the first of the year. It is everyone's hope to get this wrapped up first quarter of 2017.
Please let me know if you have any questions or need anything else.
Thanks,
Matthew Maley, PE
LEGI1
maft.haley(a)-capefearengineerina com
PH: 910.383.1044
151 Poole Road, Ste. 100 ( Belville, NC 1 28451
From: Johnson, Kelly [mailto:[e-mail]]
Sent: Monday, November 28, 2016 8:24 AM
To: Matt Haley <matt.haley@capefearenginee ring.com>
Subject: RE: Waterford State Stormwater (SW8 020510) - Issued
Matt,
I really need to wrap this one up. What is the status?
Thanks,
Kelly
From: Matt Haley [mailto;matt.haley capefearengineering.com]
Sent: Monday, August 22, 2016 12:58 PM
To: Johnson, Kelly <[e-mail]>
Subject: RE: Waterford State Stormwater (SW8 020510) - Issued
We are in the process of finalizing our drawings to detail the required modifications to the existing outlet structures. let
me get with the client (hopefully this week) and get you a better update on schedule.

Thanks,
Matthew Haley, PE
CAPEFEAR
ENGINEERING
matt. haleyccDcapefearengineerinq com
PH: 910.383.1044
151 Poole,Road, Ste. 100 1 3elville, NC J 28451
From: Johnson, Kelly[maiIto: kelly.n.4ohnson@ncdenr.?ot]
Sent: Tuesday, August 16, 2016 1:43 PM
To: Matt Haley <[e-mail]>
Subject: FW: Waterford State Stormwater (SW8 020510) - Issued
Matt,
I am just checking in on this one. Have these items been completed?
Thanks,
Kelly
From: Johnson, Kelly
Sent: Wednesday, April 27, 2016 2:19 PM
To: Bert Exum ([e-mail]) <[e-mail]>; Andrew K. McVey ([e-mail])
<Amcvev amurchisontaylor.com>; 'Samuel Potter' ([e-mail] <sam b plawfirm.com>; Wes Hodges
(WH(-,[e-mail]) <[e-mail]>
Cc: Matt Haley <[e-mail]>; Jeff Petroff<;[e-mail]>
Subject: Waterford State Stormwater (SW8 020510) - Issued
Al I,
This permit has been issued. Please see attached. I think we are in the home stretch. The only remaining NOV items
are the final recorded deed restrictions, the PE Certification, and finishing up the maintenance. Please submit those by
6/27/16.
Thanks,
KJ
I-eUuJ()hV,Sow
Kelly Johnson
Environmental Engineer
NC Division of Energy, Mineral and Land Resources
Stormwater Permitting
127 Cardinal Drive Extension
Wilmington, INC 28405-3845
Office: 910.796.7331
Fax: [phone]

NE EIRI NG
A Poole Road, Suite 100
Belville, NC 28451
TEL [phone]
FAX [phone]
www.capefearengineedng.com
To:
INCDENR
Water Quality Section - Stormwater
127 Cardinal Dr. Ext
Wilmington, NC 28405
Attn: I
Kelly Johnson
RECEIVED
FEb J a' 1U16
Transmittal
Date: February5, 2016
File: 650-001 "36"
Subject: Waterford Stormwater Permit
Modification Submittal
(SW8 020510)
® As Requested ❑ For Your Files ❑ For Distribution
El sent via Mail For your Review /Action /Approval
❑ Sent via Courier
Quantity
Drawing No.
Description
1
Original
Cover Letter / Modification Narrative
2
copy
Revised Permit Application and Drainage Area Breakdown
2
Copy
Revised Master Tracking Table
2
Copy
Revised Draft Deed Restrictions and Lot BUA Breakdown
2
copy
Impervious Area Breakdown Exhibit
2
Copy
Revised Stormwater Management Plans
REMARKS Please let me know if you have any questions or need any additional information. Thanks
CC:
File 650-001 "36" ,a
RECEIVES
F f. 201
ape Fe r Eng�ne�drin nc.
Signed:
Per vis, PE
Received By:
Date:
P:16501650-0011ADMINISTORMWATERIFEB 2016 MODIFICATION RESUBMRTAL12016-m-04 Trams NCDENR_Sto"nwater.doc

CAPE VEAR
ENGINEERING
February 4, 2016
Kelly Johnson
127 Cardinal Drive Ext.
Wilmington, NC 28405
RE: Stormwater Permit Modification Submittal
Waterford of the Carolinas — SW8 020510 Modification
Town of Leland, Brunswick County, North Carolina
Dear Kelly,
Cape Fear Engineering is submitting a modification to the existing Waterford stormwater permit (SW8
020510) on behalf of our client WDV, Inc. The subject permit modification aims to accomplish the
following:
• Address items identified in Notice of Deficiency (NOD 2014-PC-0223) dated December 4; 2014.
• Respond to items discussed during Stormwater Scoping Meeting and summary email on
December 18, 2014
• Respond to specific maintenance items identified in email to NCDENR from the Waterford
Residential Association's (the "Residential HOA") HOA's lawyer, Sam Potter on December 18,
2014.
• Update existing stormwater management plans to graphically reflect existing land plan and
tract/lot configurations.
• Update existing stormwater management plans to reflect selective as -built information and as -
built information specifically related to pond discharge and outlet structures and pipes.
• Revise tract specific and overall BUA and Impervious calculations based on current land plan,
tract/lot configurations and in some locations as -built information.
• Update existing Master Table Spreadsheet provided by NCDENR
• Remove requirement for gate valves in bottom of outlet structures.
• Allow fountains in ponds. The current conditions do not allow for decorative fountains in the
ponds. The permitee desires an option to install decorative fountains in the ponds.
• Remove the transfer/recirculation pump between Pond #8 and Pond #10.
JECEWE
FEB 0 5 2016
BY:
151 Poole Road, Suite 100 • eelville, NC 28451 • TEL: [phone] • FAX [phone]
www.copefearengineering.cam

CEWE
FEB 0 5 2016
I. Items from Notice Of Deficienev (12/4/14)•
1. P.IodificadOn to Approved glans [Section 11(4)1. Please modify the permit to reflect the current
subdivision as discussed in the previous correspondence summarized above The most recent
Master Table is included It is dated January 14, 2014, and contains the most recent data the
division & aware of. Please revive this table as necessary, and resubmit with your modification
package so it can be used to simples tracking this data in the future.
RESPONSE: The included stormwater management plans have been revised to reflect the most
current residential and commercial development land plans. There have been several instances
where lots have been combined, added or removed. There are also multiple instances where the
overall tract boundaries have been revised to match recorded maps and to eliminate overlap
between adjacent tracts.
Note that careful attention has been given to clearly identify all proposed modifications to the
stormwater management plans. With the exception of some minor drafting cleanup/formatting
items, no revisions are proposed to the previously approved design except those items specifically
identified on the plans by revision clouds.
The Master Table provided by NCDENR has been updated to reflect the area and BUA revisions
proposed by the subject permit modification. Please note that the overall project area has been
adjusted slightly to reflect the actual tract boundaries. Also note that while the impervious area
breakdown between tracts has been modified, the overall impervious area for the entire Waterford
development has not changed from what was previously permitted.
As a result of negligible changes to the overall project area and no change to the proposed
impervious area, there should be no change to the previously permitted design calculations
prepared by K. Davis Fennell, PE.
2. PE Certification [Section 11(9)]. Please submit certifications for all of the Ponds
RESPONSE: Our records indicate that K. Davis Fennell certified Ponds #1 and #14. It should be
noted that the proposed modifications do not make any changes to either Pond # 1 or Pond # 14
that would nullify the previously provided certifications.
The current system cannot be certified until after the project is modified because the site does not
currently match all of the permitted conditions. In addition, CFE has identified some
adjustments/modifications to existing pond outlet structures that will need to be modified prior to
being able to certify the ponds.
The remaining ponds will be certified once the permit has been modified to reflect current site
conditions, after any necessary field modifications/adjustments are made to the system, and after
any required maintenance work has been completed.
151 Poole Road, Suite 100 • Belville, NC 28451 • TEL: [phone] • FAX [phone]
www.copefearengineering.cam

3. Deed Restrictions [Section II(13)]. Please submit a copy of the recorded deed restrictions
Please ensure that the permit modification reflects the recorded data.
RESPONSE: The recorded Deed Restrictions do not match the proposed permit modification
submittal. Upon approval of the permit modification the necessary deed restrictions will be
amended to match the new issuance of the permit. In lieu of providing recorded deed restrictions,
we have provided Draft Deed Restrictions for both the Waterford Residential Development and
the Waterford Commercial Development.
4. Maintenance [Section II(16)]. Please ensure that all ponds are maintained per their Operation
and Maintenance agreements which reference the Pond Schedule on Sheet SW -I of the
permitted plans. In particular, the HOA reports that excessive sediment has accumulated in the
ponds Please submit maintenance records showing that the pond sediment has not
accumulated above the permitted levels, and/or that the ponds have been cleaned out and the
sediment level has been corrected to be within permitted specifications
RESPONSE: It is our understanding that under the recorded Deed Restrictions and Covenants
governing Waterford Residential and Waterford Commercial developments, the Waterford
Residential HOA is responsible for providing all pond maintenance including mowing of the
banks and removal of accumulated sediment. As a result, it is the permitee's (WDV's) position
that even though the permit stipulates that the developer is responsible for maintenance, the noted
maintenance issues should have been addressed by the Residential HOA per the recorded Deed
Restrictions and Covenants.
Upon receipt of permit approval CFE will coordinate with the developer and the Residential HOA
to identify required maintenance activities and identify the legally responsible party. It is noted
that some maintenance activities will be required prior to certification of the system by CFE.
ECEiVF..;,-.
FEB 0 5 2016
SY-
151 Poole Road, Suite 100 • Belville, NC 28451 • TEL: [phone] • FAX [phone]
www.copefearengineering.cam

FE
80520�� ;
H. Items from Stormwater Scoping Meeting and Summary Email (12/18/14)•
BY:-
d. The most significant proposed changes to the inter -connected system of 14 ponds is to change
the minimum depth from 6ft to 3ft. I understand from the discussion at the meeting that this
pond was permitted as an alternative innovative design, and that the standard 1.0"/1.5" and
.4AIDA table sizing was not used The pond was instead designed for the - 4" storm so that it
could hold (to the best ability of recollection at the meeting) the 25yr storm above the PP
elevation. In order to decrease the depth from 6ft to 3ft minimum, it will have to allow for an
adequate sediment accumulation depth so that the pond can continue to function as sediment
accumulates. The maintenance agreement will also have to be updated as necessary. We will
also have to ensure that the inlet/oudet pipes between ponds are not situated below a "safe"
elevation for expected sediment accumulation. The intent of the alternative/innovadve design
4" & 25yr storm) will have to be preserved as welt Please demonstrate that that is the case
in the modification package submittal: If the original design intent is not preserved or if
sediment cannot be adequately handled then we will have to discuss the depth reduction
further.
RESPONSE: As discussed during the Scoping Meeting and reiterated in the language above
from your 12/18/14 email, the originally approved alternative/innovative design (-4" & 25-year
storm) was completely independent of common pond design standards including SA/DA ratios,
average depth, pond geometry, etc. In fact the only design criteria considered was the ponds
ability to provide storage, for the 25-year storm event without discharge. As a result, the intent of
the originally permitted alternative/innovative design would have been met with a completely dry
pond (no permanent pool).
At the time of original permitting, the ponds were designed to have an arbitrary minimum depth
of 6-ft; however, during construction there were some areas throughout the entirety of the project
where the 6-ft depth could not be achieved due to rocks and coquina deposits encountered during
excavation.
Since the original design depth was not achieved in some areas, the system cannot be certified in
its current state. The proposed modification seeks to reduce the pond depth from the previously
approved 6-ft to a minimum depth of 3-ft so that the constructed ponds will be in compliance
with the modified permit. There are pond areas where the 3-foot depth cannot be achieved due to
rock and coquina deposits. The permitee has no intentions of attempting to remove this material
in order to achieve a 3-foot depth.
We fully recognize the concerns about the relative depth of the pond bottom as it relates to the
invert elevations of inlettoutlet pipes, and making sure that the pond still can accommodate
expected sediment accumulation. A proposed typical pond section has been added to sheet SW -A
to show that 18-inch minimum depth will be maintained below inletloutlet pipes to reduce the
potential for sediment backup
151 Poole Road, Suite 100 - Belville, NC 28451 - TEL: [phone] - FAX [phone]
www.copefearengineering.com

The originally approved O&M agreement for the ponds did not specify specific elevation
information for each pond but instead referenced "See Sheet A". Since Sheet SW -A has been
revised to reflect the current pond elevation information and proposed depth reduction to 3-fi, the
O&M agreement that exists on file should still be adequate.
2. Another significant change is that an adjacent area that was previously unpermitted may be
added to the project area and drain to the ponds It is believed that the ponds can
accommodate the adjacent area. This new area will be permitted under the 2008 rule rather
than the 1995 rule. But, the effect on the pond's design should be negligible given the fact that
it is already designed for the 4" storm.
RESPONSE: Since we originally met in December, the decision has been made not to pursue
adding the additional area at this time. The developer may still decide to pursue adding the
additional area at a later date.
3. Another item to note is that The Reserve (SW8 030710) is a residential section, but it is set up
as an offsrte permit because it was sold to an entity other than the SW8 020510 permitee for
development. It therefore holds its own separate permit to drain offsite to SW8 020510.
RESPONSE: The stormwater management plans have been revised to show the permitted land
plan for The Reserve. Additionally a note has been added to indicate that this is an offsite area
and the offsite permit number has been listed for reference.
4. A third emergency outlet will be added in Pond 14.
RESPONSE: The subject emergency outlet has been identified as OS#14B on sheet SW-K.
Please note that the addition of this outlet structure does not affect the previously permitted pond
elevations or available storage volume.
S Since all of the ponds share a communal impervious allocation amount it is not necessary to
tally the impervious draining to each of the 14 ponds Some of the impervious area previously
allocated will change. For instance, the clubhouse area will increase from 1,500sf impervious
to 6,500sf impervious But, the total amount of impervious allocated for the entire project will
be within the amount previously shown to be accommodated by the pond system. A running
total will be summarized in the master table. The master table will be updated over time as
changes are made such as adding new commercial offsite lot owners with their respective
permits.
RESPONSE: You are correct in that the originally permitted design was for a total impervious
area for the entire Waterford Development and was not based on a specific impervious
breakdown for individual pond drainage areas or development tracts. However, the plan cover
sheet does contain a summary table that shows the specific impervious area allocation and
acreage for each specific tract in addition to the overall project.
IEI-..
FEB 0 5 2016
151 Poole Road, Suite 100 • Be/viiie, NC 28451 • TEL: [phone] •N�v^'^'^^~ -
iVY�
www.cup efearengineering. core

Each specific tract stormwater plan sheet (i.e. SW -A, SW-B, etc) also includes an impervious
area and tract area breakdown for reference. The information shown on these sheets should match
the information shown in the overall tracking chart found on the plan cover sheet.
The master tracking table has been updated to match the information inciuded in the plans.
Additional impervious has been allocated to Tract D in which the clubhouse amenity is located.
6 Recorded deed restrictions will be submitted: The master table summary will summarize this
data. The table needs to be updated to reflect the fact that the lot numbers currently permitted
differfrom the lot numbers recorded in some sections The plans denote both the original lot
number for State Stormwater as well as the lot number for the recorded deed restrictions We
need to have this data summarized in a format that homeowners and commercial lot owners
can understand it. For instance, the Division needs to be able to tell a homeowner the amount
of BUA that is allocated to his/her lot and the bookfpage that number is recorded on.
RESPONSE: See response to item I3 above regarding the Deed Restrictions. In order to
hopefully simplify the tracking of impervious for both residential lots and for commercial lots,
CFE has prepared an overall impervious area exhibit showing the impervious allocation for each
lot.
Z I gave Cape Fear Engineering and Bert Exum a copy of Samuel Potter's 12118114 email
summarizing the HOA's primary concerns in the subdivision so that those concerns can be
considered while the project modification is being proposed and also during the upcoming PE
Certification. Most of the concerns are in regard to sediment accumulation, or potential
impacts of sediment accumulation in the ponds. He also brings up a missing drainage valve
for Pond 10, a potential issue with a recirculation pump between Pond 8 & 10, and differing
elevations for the two emergency outlets
RESPONSE: The specific concerns from Mr. Potter's 12/18 email are discussed in detail in
Section III below. Also see response to Item II.1 above for additional discussion regarding pond
depth and sediment accumulation.
8. Once the permit is modified to reflect the current site conditions, Cape Fear Engineering will
submit the PE Certifications required by the permit. The system cannot be certified until the
project is modified because the site does not currently match all of the permitted conditions.
RESPONSE: See response to item I.2 above.
9 The maintenance and other issues identified in Mr. Potter's 12118114 email will be considered
throughout the process. Items highlighted in the email as well as any others that Cape Fear
Engineering identifies as they work to modify and certify the system will be completed prior to
a re -inspection to determine a compliant status
EGEWE
FEB 0 5 2016
151 Poole Road, Suite 100 • Belville, NC 184SI • TEL: [phone]B\f FAX [phone]n4s
www.copefearengineering.com

RESPONSE: The specific concerns from Mr. Potter's 12/18 email are discussed in detail in
Section III below. Also see response to Item I.4 above for additional discussion about system
maintenance.
M. items from Samuel Potter (HOA Attorney) Emaii (i2/18/14):
1. The outflow for the pond behind Harris Teeter in the commercial area (to the right of Olde
Waterford Way) has been submerged with water for days after rains starting before
Thanksgiving.
RESPONSE: The subject pond is identified as Pond #1 on the stormwater management plans.
CFE has performed several field inspections of Pond #1 and have not previously identified this
issue. CFE will continue to monitor the functioning of this pond and will coordinate with the
permitee WDV, Inc. as necessary to make any necessary revisions to the down stream outlet
structure configuration and elevations to bring into compliance with the approved permit.
It is possible that the noted issue is either fully or partially the result of issues created by the need
for maintenance. See response to item I.4 above regarding pond maintenance.
2. The docks at the pond to the left of Palm Ridge Road (at the backyards of house on Garden
Club Drive) were submerged for days from the week before Thanksgiving and the outlet pipes
appear to be totally covered in silt. Last week the water finally receded to below the frames of
the docks
RESPONSE: The subject pond is identified as Pond #2 on the stormwater management plans.
CFE has performed several field inspections of Pond #2 and have not previously identified the
dock issue. CFE will continue to monitor the functioning of this pond and will work with the
permitee WDV, Inc. to make any necessary revisions to the downstream outlet pipe configuration
and elevations to bring into compliance with the approved permit.
It is possible that the noted issue is either fully or partially the result of issues created by the need
for maintenance. See response to item I.4 above regarding pond maintenance.
3. The dam between the pond to the right of Palm Ridge Road and Wind Lake Way and the pond
around Wind Lake Way was underwater during Thanksgiving Week.
RESPONSE: The subject pond is identified as Pond #3 on the stormwater management plans.
The feature referenced above is not a dam and was installed to separate a small part of Pond-3
along Palm Ridge Road from the main body of Pond #3 for aesthetic reasons. The feature
functions as a typical forebay wall. During rainfall events it is expected that water will flow over
the feature and be underwater temporarily.
It is possible that the noted issue is either fully or partially the result of issues created by the need
for maintenance. See response to item 1.4 above regarding pond maintenance.
151 Poole Road, Suite 100 • Belville, NC 18451 • TEL: [phone]J • FAX (910)383-
www.capefearengineering.cam BY:

4. The silt level at the entry of commercial drainage pond behind 1002 Swell Court is creating an
island
RESPONSE: See response to item I.4 above regarding system maintenance.
5. No gate valves or recirculation pumps per the original CFE plan narrative (except for valves at
emergency overflow from Osprey Lake and Sun Skipper Court).
RESPONSE: The gate valves in the bottom of the outlet structures were originally intended to
give the permitee the ability to lower the water level for maintenance and to create the ability for
added storage in the event of forecasted extreme storm events.
The originally proposed gate valves have no effect on the overall systems ability to provide
sufficient storage volume for the design storm (25-year, —4.0" storage). As a result, the proposed
permit modification removes the requirement for gate valves in the bottom of the outlet
structures. Instead the gate valves will be shown as an optional feature that can be installed at the
permitee's discretion. In the locations where gate valves are not installed, portable pumps shall be
used as the primary means of dewatering for performing maintenance activities.
The recirculation/transfer pump was originally intended to transfer pond water from the lower
Pond #8 system to the higher Pond #10 system if the irrigation demand was not sufficient to
lower the Pond-8 system to permanent pool during periods of frequent rainfall events. This
transfer pump was not installed and will be eliminated from the permit conditions with this
modification. The system has been operational for several years and per the permitee the
irrigation demands have consistently exceeded the available storage in the ponds.
6. The ponds in commercial area do not appear to have any maintenance performed on them.
RESPONSE: See response to item I.4 above regarding system maintenance.
7. We have not received as -built plans of the stormwater system to have a basis for understanding
compliance.
RESPONSE: As -built plans for the entire stormwater system have not been prepared as they are
not a requirement of the permit. The submitted stormwater management plans dated 2/13/15 are a
substantially accurate representation of the constructed stormwater system. It should be noted that
in some cases the existing outlet structure elevations and configurations do not match the permit
drawings. Upon approval of the subject permit modification, CFE will work with the nermitee
WDV, Inc. to make the necessary field changes to existing outlet structures to match the permit
drawings.
FEB 0 5 20113 E
151 Poole Road, Suite 100 • eelville, NC 18451 • TEL: [phone] • FAX [phone]
www.copefearengineering.cam

I trust that this information is sufficient for you to continue your review of the subject project; however,
please let us know if you have any questions or need any additional information.
Cc: File 650-001 "36"
- FEB
151 Poole Rood, Suite 100 • 0elville, NC 28451 • TEL: [phone] • FAX [phone]
www.capefearengineering.cam

Stormwater Narrative
For
Waterford
Brunswick County, North Carolina
Prepared for
WDV, Inc.
P.O. Box 1967
Wilmington, North Carolina 28402
[phone]
'k CAR
Modification Date: February 2016 dOs
ap s io
.ad
Prepared by
Cape Fear Engineering, Inc.
151 Poole Road, Suite 100
Belville, North Carolina 28451
[phone]
jJFCEjV—
FEB 0 5 201 J:
Fly-

1. GENERAL:
On behalf of WDV, Inc., Cape Fear Engineering is submitting to modify the existing High
Density Permit for Waterford Subdivision (SW8 020510).
The project site is located within Brunswick County, North Carolina and is bound by US Hwy.
74/76 to the north, Magnolia Greens Golf Plantation to the west, US Hwy. 17 to the east, and
Lincoln Industrial Park to the south. The project site is approximately 594 acres. Drainage
considerations have been in accordance with DWQ stormwater requirements.
This project was originally permitted in 2002 and is a high -density project with curbed and
guttered streets draining to a surrounding non -discharge lake system.
2. EXISTING SITE:
The existing project infrastructure has been constructed and installed since 2002. No additional
infrastructure is being proposed at this time. Approximately 100-residentail lots remain to be
built on and several commercial tracts are still vacant.
The stormwater system consists of a non -discharge pond configuration where stormwater is re-
used for irrigation of the common areas and road right -or -way landscape areas. The system has
been operational for several years and per the permittee the irrigation demands have consistently
exceeded the available storage in the ponds. During the original permitting, a transfer pump was
proposed that could pump water from the lower pond system to the upper pond system in case
the irrigation demand was not great enough to draw down the lower ponds after a rainfall event.
This transfer pump was not installed and will be eliminated from the permit conditions with this
modification.
3. PROPOSED MODIFICATIONS:
The purpose of this modification is to make several revisions to tract boundaries, lot numbering
changes, lot configuration changes, reallocation of impervious coverage between tracts, addition
of adjacent land area and reflect as -built information of several of the storm drainage structures.
These modifications are a comprehensive attempt to reflect the current land plan and drainage
systems that are in place.

NNSWARDANDSMITH,PA. ALLEN N. TRASK, III, Attorney at Law
127 Racine Drive
University Corporate Center (28403)
Post Office Box 7068
Wilmington, NC 28406-7068
September 18, 2012
North Carolina Division of Water Quality
Wilmington Regional Office
127 Cardinal Drive Extension
Wilmington, NC 28405
Attention: Mr. Jim Gregson
RE: Waterford Master Residential Association, Inc.
Our File 080888-00004
Dear Mr. Gregson:.
P: 910.794.4804
F: 910.794.4877
[e-mail]
E(0"' EiV
SEF ZO
BY:
The undersigned and this law firm represent Waterford Master Residential Association, Inc. (the
"Association"). Stormwater Permit No. SW8 020510 (the "Permit") affects all of the Waterford
Community. The Association currently is electing its own Board of Directors, but Bert Exum and WDV,
Inc. are collectively the permittees under the Permit (the "Permittees").
It is the Association's understanding that the Permittee intends, at some time in the future, to attempt to
transfer the Permit to the Association. Subject to the satisfaction of the requirements imposed by North
Carolina law and the Division of Water Quality's policies and procedures, the Association is prepared to
cooperate with the transfer of the Permit. In light of the fact that the Association will be responsible for
the maintenance and repair of the stormwater management facilities after any such transfer, the
Association requests that it be included in the transfer process. To this end, the Association specifically
requests that it be afforded an opportunity to review the required certifications from the Permittee's
engineer prior to any transfer of the Permit to the Association.
The Association also requests that it receive notice of any correspondence and actions related to the
Permit. The appropriate point of contact for the Association is:
Waterford Master Residential Association, Inc.
c/o CEPCO
2502 South 17th Street
Wilmington, NC 28401
ASHEVILLE GREENVILLE NEW BERN
RALEIGH WILMINGTON
www.wardandsmith.com

WARDAND SMITH, P.A.
North Carolina Division of Water Quality
September 18, 2012
Page 2
In addition to that point of contact for the Association, I would be grateful if you would send any
correspondence or notifications regarding the Permit and the contemplated transfer of the Permit to me
as legal counsel to the Association. If you have any questions regarding this correspondence, please not
hesitate to contact me.
Yours very truly,
,N tr--
Allen N. Trask, III
ND: 4842-3004-1361, v. 1
cc: Waterford Master Residential Association, Inc. (via email)
Permittees c/o Mr. H. Mark Hamlet
Mr. Alexander C. Dale

Johnson, Kelly
From: Johnson, Kelly
Sent: Thursday, February 04, 2016 10:11 AM
To: 'Samuel Potter'
Cc: Andrew K. McVey; Judith Patterson
Subject: RE: Waterford Permit
Great thanks. I am meeting with their engineer, Matt Haley, on Wednesday to discuss the specifics of the modification
submittal so that changes made over the past year (such as newly permitted outparcels) are reflected in the package.
KJ
From: Samuel Potter [mailto:[e-mail]]
Sent: Thursday, February 04, 201610:08 AM
To: Johnson, Kelly <[e-mail]>
Cc: Andrew K. McVey <[e-mail]>; Judith Patterson <[e-mail]>
Subject: Waterford Permit
Kelly,
I am pleased to report that the Waterford Master Residential Association and WDV, Inc./Robert Exum have
resolved our issues. We are papering our deal today and tomorrow. The deal will allow Mr. Exum to finalize
his proposed Stormwater Permit Modification. It provides for a new cost sharing agreement on maintenance as
well. Of course, if something changes, I will let you know.
Thank you for all your help and assistance.
Regards,
Sam Potter
Samuel B. Potter
Hodges Coxe Potter & Phillips, LLP
3907-100 Wrightsville Avenue
Wilmington, NC 28403
Phone: [phone]
Cell: [phone]
Fax: [phone]
www.hgMIaw.com
Confidentiality Notice:
This message is being sent by or on behalf of a lawyer. It is intended exclusively for the individual or entity to
which it is addressed. This communication may contain information that is proprietary, privileged
or confidential or otherwise legally exempt from disclosure. If you are
not the named addressee, you are not authorized to read, print, retain, copy or
disseminate this message or any part of it. If you have received this
message in error, please notify the sender immediately by e-mail and delete all copies of the message.

U.S. Postal Service,,,
CERTIFIED MAIL. RECEIF
(Pomestic Mail Only, No insurance Covera4
For delivery Information vialt our website at Hrww
C3 I
—0
r%- Postage $
C3
Certified Fee
ru
C3 Retum Receipt Fee Postmark
13 (Endorsement Required) Here
C3
Restricted Delivery
Fee
r red)
.3 (Endorsement Required) q
M -7-
-0 Total Postage& Fees
ru -17
C3 -7 ;'17'
t' t '0
or
O� 7

Energy, Mineral
and LandResources
@NVIRONMBNTAL QUALITY
January 26, 2016
CERTIFIED MAIL #7013 2630 0002 0760 6380
RETURN RECEIPT REQUESTED
Mr. Bert Exum, President
WDV, Inc.
PO Box 1967
Wilmington, NC 28402
Subject: NOTICE OF VIOLATION, NOV-2016-PC-0030
Waterford Phase II
Stormwater Permit No. SW8 020510
Brunswick County
Dear Mr. Exum:
PAT MCCRORY
Governor
DONALD R. VAN DER VAART
Secretary
TRACY DAVIS
Director
On January 25, 2016, Wilmington Regional Office staff of the Division of Energy, Mineral and Land
Resources performed a file review of the subject project, located at on Waterford Way, Brunswick
County, North Carolina. A Notice of Deficiency was mailed to you on December 4, 2014. You
submitted a response package on February 20, 2015. Since then you have requested several extensions to
comply, as detailed in the enclosed events summary. Your final extension was due on November 15,
2015. The Division sent an email to your lawyer on November 19, 2015 reminding him of the past -due
deadline. Your submittal has not been received.
The project has been found in violation of Stormwater Permit Number SW8 020510, issued pursuant to
the requirements of the stormwater rules, 15A NCAC 2H:1000 for all of the deficiencies listed in the
December 4, 2014 NOD which is enclosed for your reference. To resolve this NOV, you must resolve
all of the deficiencies listed in the December 4, 2014 NOD and submit the response package to
DEMLR by close of business on Friday, February 5.2016. If the package is not received, a
Recommendation for Enforcement Action will be initiated on February 8, 2016. This action may
include recommendations for the assessment of civil penalties, pursuant to NCGS 143-215.6A.
By copy of this letter to the Brunswick County Building Inspector, this office is requesting that the
Building Inspector consider withholding building permits and Certificates of Occupancy for this project
until this matter is satisfactorily resolved.
If you have any questions concerning this matter, please call Kelly Johnson at (910)-796-7331, or email at
[e-mail].
Sincerely,
oa Tracy Da is�irector
Division of Energy, Mineral, and Land Resources
GDS1kpj: G:1WQ\SharedlStonlnwater\Permits Rr 111'rojects\7002102051011I 2016 01 NOV 0205110
enc: Key Events Summary
December 4, 2014 Notice of Deficiency (NOD)
November 19, 2015 email to your attorney, Andrew McVey
cc: Brunswick County Building Inspections
Bradley Bennett
Georgette Scott, Wilmington Regional Office Stormwater Supervisor
WiRO Stormwater File
State of North Carolina I Environmental Quality I Energy, Mineral and Land Resources
127 Cardinal Drive Extension I wilminn aton, NC 28405
910 796 7215 T 1 910 350 2004 F I htto://nortal.ncdenr.ore/web/Ir/

SW8 020510 - Waterfnrd Phacp II - Kau Fuanre cummnn
11/25/02
Original permit was issued
07/17/03
Permit modified
07/22/04
Plan Revision
02/15/07.Permit
modified
02/04/08
Permit modified
07/03/08
Permit modified (Most Recent Approved Permit)
03/13/13
A Notice of Inspection/ Plan of Action Requested:
-PE Certifications
-Modification for the subdivision
-Record deed restrictions matching the permit requirements.
-Letter discussed commercial lot owners in subdivision required obtain offsite permits (no need to
document lots' data in master permit)
04/12/13
Received Plan of Action
-Survey will take a few months
-Submit certification/modification/deed restrictions
-No resubmittal date in letter.
04/17/13
-Addional information requested (master permit):
-Updated table
-Due date for submittal 6/17/13
-Known lot owners were informed that they would eventually need offsite permits.
01/14/14
Letter with updated master table showing additional offsite lots to be included in response (past
.
due) -
Nov & Dec 201.4
Waterford HOA's attorney, Samuel Potter, contacted DEMLR with concerns.
12/03/14
Inspection
-Modification needed
-PE Cert needed
-Deed Restrictions needed
-Maintenance needed
12/04/14
NOD
-Modify to subdivide
-Certify
-Deed restrict
-Maintain
12/18/14
Email from Samuel Potter summarizing HOA's concerns. (Mostly sediment/maintenance and items
that will be addressed by PE Certification)
02/20/15
Modification application submitted (in response to NOD)
04/10/15
DEMLR agreed to delay the review of the 2/13/15 application per the request of the permittee so
that they would have additional time to work through their concerns and re -submit a revised
application package by 6/8/15.
06/18/15
DEMLR agreed to delay the review of the 2/13/15 application per the request of the permittee so
that they would have additional time to work through their concerns and re -submit an application
by 9/8/15.
09/14/15
DEMLR agreed to delay the review of the 2/13/15 application per the request of the permittee so
that they would have additional time to work through their concerns and re -submit an application
by ii/!-1IS. "rinai extension.
11/15/15
12/4/14 NOD due date
11/19/15
DEMLR emailed the permittee's lawyer reminding him of the past -due deadline, and informing him
that an NOV was imminent.
01/26/16
Notice of Violation
02/05/16
Notice of Violation due date

r
North Carolina Department of Environment and Natural Resources
Pat McCrory
Governor.
December 4, 2014
Mr. Bert Exum, President
WDV, Inc.
PO Box 1967
Wilmington, NC 28402
Subject: NOTICE OF DEFICIENCY
NOD 2014-PC-0223
Waterford Phase If
Stormwater Permit- No. SW8 020510
Brunswick County
Dear Mr. Exum:
John E. Skvarla, 1.11
Secretary
On December 3, 2014, Kelly Johnson of the Wilmington Regional Office of the Division of Energy, Mineral and Land
Resources (DEMLR) inspected the subject project to determine compliance with Stormwater Management Permit Number
SW8 020510 issued most recently on July 3, 2008. DEMLR file review and site inspection revealed that the site is not in
compliance with the terms and conditions of this permit. Please find a copy of the completed form entitled "Compliance
Inspection Report" attached to this letter, which summarizes the findings of the recent inspection. A summary of the
deficiencies is also provided below.
Please inform this Office in writing before January 5, 2014, of the specific actions that will be undertaken and the time
frame including a specific date by which the deficiencies will be corrected. Failure to provide the requested information, or
to respond to this letter by the due date, may initiate enforcement action including the assessment of civil penalties of up to
$25,000.per day. If a written plan of action is not submitted to this office by January 5, 2014 then DEMLR staff will re-
inspect the site and issue a Notice of Violation if the listed deficiencies have not been addressed.
Recent History:
1. July 3, 2008: The most recent permit was issued.
2. March 13, 2013: A Notice of inspection was mailed asking you to submit a Plan of Action for providing PE
Certifications, a modification package to reflect the current subdivision of the property, and recorded deed
restrictions matching the permit requirements. The letter also discussed that commercial lot owners within the
subdivision are required to obtain offsite permits (per Section II(12)0) of your permit), and that the appropriate
documentation of those lots in this master permit is necessary for that to happen.
3. April 12, 2013: The Division received your Plan of Action. It said that survey work would take a few months, and
that the PE Certifications, the modification package, and deed restrictions would be forthcoming. The Plan of
Action did not contain a date specifying when those items would be submitted.
Division of Energy, Mineral, and Land Resources
Land Quality Section — Wilmington Regional Office
127 Cardinal Drive Extension, Wilmington,. North Carolina 28405 • (910) 796-72151 Fax: [phone]

December 4, 2014
4. April 17, 2013: The Division mailed a letter.consisting to two components:
a. Request for Additional Information, SW8 020510: The letter provided an updated Master Table
summarizing known information about the subdivided lots in Waterford Phase 11, and established a
response date for the Plan of Action as June 17, 2013. The items referenced by the Plan of Action have
not been received.
b. Notification to the known commercial lot owners without permits: The -letter informed thee: lot owners
that WCV, Inc. would be modifying SW8 020510, and that offsite lot owners would need to obtain otite
permits in accordance with the requirements of SW8 020510.
5. January 14; 2014: The Division mailed you an updated Master Table after the HOA notified us that there were
additional offsite lots that were not included. The letter requested that you include them in your. Plan of Action
response.
6. November/December 2014: The Division was contacted by the HOA and its lawyer, Sam Potter, regarding
maintenance concerns.
7. December 3, 2014: The Division inspected Waterford Phase II and found that maintenance is necessary as
discussed below.
The followino deficiencies must be resolved as cross-referenced in the specified permit sections:
1. Modification to Approved Plans [Section II(4)]:. Please modify the permit to reflect the current subdivision as
discussed in the previous correspondence summarized above. The most recent Master Table is included. It is
dated January 14, 2014, and contains the most recent data the Division is aware of. Please revise this table as
necessary, and re -submit it with your modification package so that it can be used to simplify tracking this data in
the future.
2. PE Certification [Section II(9)]: Please submit certifications for all of the ponds.
3. Deed Restrictions [Section II(13)]: Please submit a copy of the recorded deed restrictions. Please ensure that
the permit modification reflects the recorded data.
4. Maintenance [Section II(16)]: Please ensure that all ponds are maintained per their Operation and Maintenance
agreements which reference the Pond Schedule on Sheet SW -A of the permitted plans. In particular, the HOA
reports that excessive sediment has accumulated in the ponds. Please submit maintenance records showing that
the pond sediment has not accumulated above the permitted levels, and/or that the ponds have been cleaned out
and the sediment level has been corrected to be within permitted specifications.
Please be reminded that if an ownership change, or a name change or a mailing address change has occurred, it is your
responsibility -to submit a completed and signed Name/Ownership Change form to the Division. Please include the name,
mailing address and phone number of the party who is now responsible for this permit
Page 2 of 3

'SW8 020510
December 4, 2014
If you have any questions, please contact Kelly Johnson in the Wilmington Re
k'ellY•P•[e-mail]. g gional Office at [phone] or
Sincerejy,
eorgette Scoff
State Stormwater Supervisor
enc: Compliance Inspection Re
ecember 3
Notice of Inspection Letter, MarcDh 13, 2013' 2014
Plan of Action, April 12, 2013
Request for Additional Information Letter, April 17, 2013
Follow Up Letter, January 14, 2014
Master Table, January 14, 2014
GDS/kpj: MStormwaterftrmrts & Njects120021020510 HD1201412
cc. NOD 020510
Georgette Scott, Wilmington Regional Office Stormwater Supervisor
Sam Potter, Waterford HOA Attomey
232 Causeway Dr. Suite 1A, Wrightsville Beach, NC 28480
W►RO Stormwafer File
ED-,nn 1 -s n

Compliance Inspection Report
Permit:
SW8020510 Effective:07/03/08
Project:
Waterford Phase II
Owner:
WDV Inc
County:
Brunswick
Region:
Wilmington
Expiration: 02/15/21
Adress: Int Hwy 17 S And Olde Waterford Way
City/State/Zip: Leland NC 28451
Contact Person: Bert Exum Title: President Phone: [phone]
Directions to Project:
Follow Hwy. 17 south out of Wilmington, past Hwy. 74176 overpass right onto Olde Waterford Way to site.
Type of Project: State Stormwater - HD - Detention Pond
Drain Areas: 1 - (Sturgeon Creek) (03-06-17) ( C;Sw)
On -Site Representative(s):
Related Permits:
SW8080602 Corning Federal Credit Union - Corning Credit Union at Waterford Commercial
SW8150801 Carolina Shores Properties LLC - Carolina Shores Carwash
SW8130407 Goodwill Community Foundation - Goodwill Community Foundation Lot 10 Wate
Inspection Date: 01/25/2016 Entry Time: 01:00PM Exit Time: 02:OOPM
Primary Inspector: Kelly Johnson Phone: [phone]
Secondary Inspector(s):
Reason for Inspection: Follow-up
Permit Inspection Type: State Stormwater
Facility Status: ❑ Compliant M1 Not Compliant
Question Areas:
M State Stormwater
(See attachment summary)
Inspection Type: Compliance Evaluation
page: 1

Permit: SW8020510 Owner - Project: WDV Inc
Inspection Date: 01125/2016 Inspection Type Compliance Evaluation Reason for Visit: Follow-up
File Review Yes No NA NE
Is the permit active? 8 ❑ ❑ ❑
Signed copy of the Engineer's certification is in the file? ❑ 0 ❑ ❑
Signed copy of the Operation & Maintenance Agreement is in the file? ■ ❑ ❑ ❑
Copy of the recorded deed restrictions is in the file? ❑ ■ ❑ ❑
Comment: File Review Only: Follow up to the 12/3/14 insDection.
-Certification is needed
-Deed restrictions are needed
Built Upon Area Yes No NA NE
Is the site BUA constructed as per the permit and approval plans? ■ ❑ ❑ ❑
Is the drainage area as per the permit and approved plans? ■ ❑ ❑ ❑
Is the BUA (as permitted) graded such that the runoff drains to the system? NJ ❑ ❑ ❑
Comment: Certification is needed to verify
SW Measures Yes No NA NE
Are the SW measures oonstructed as per the approved plans? 01 ❑ ❑ ❑
Are the inlets located per the approved plans? in ❑ ❑ ❑
Are the outlet structures located per the approved plans? ❑ ❑ ❑
Comment: Certification is needed to verify
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 ❑ ❑ ❑ E
DWQ upon request?
Comment: The HOA has reported maintenance issues related to sediment.
Other Permit Conditions Yes No NA NE
Is the site compliant with other conditions of the permit? ❑ ❑ ❑
Comment: A modification is needed to correct inconsistencies between the permitted Dlan's subdivision layout and
the layout that has been built.
page: 2

Johnson, Kelly
From: Johnson, Kelly
Sent: Thursday, November 19, *2015 11:59 AM
To: 'Andrew K. McVey; '[e-mail]; '[e-mail]'
Cc: Georgette Scott; Matt Haley
Subject: FW: Waterford Permit Modification (SW8 020510)
Attachments: 2015 06 addinfo 021510.docx; 201412 CEI_NOD 020510.docx; 2015 04 addinfo
020510.docx
Andrew, Sam and Wes,
What is the status with Waterford? I have been trying to work with you all on this, but the NOD was issued almost a
year ago on 12/5/14. The deadline has been extended several times and the current submittal from 2/13/15 was put on
hold per your request. You have explained that the reason for putting the package on hold was that the outcome of
your discussions would impact the submittal package. I am not sure what the extent of those impacts on the 2/13/15
application will be. But, this needs to reach resolution. I am just letting you know that I will be issuing an NOV for this
project as soon as I find time to write it up. If you have reached a resolution, please submit a package responding to the
12/5/14 NOD as soon as possible.
Thanks,
Kelly
From: Johnson, Kelly
Sent: Monday, September 14, 2015 12:56 PM
To: 'Matt Haley' <[e-mail]>
Cc: Scott, Georgette <[e-mail]>
Subject: RE: Waterford Permit Modification (SW8 020510)
Matt,
Yes. But, if anything has been updated either due to their negotiations or if there have been new offsites since it came
in in February then that will need to go on the master table. (I do not know if that has been the case or not. The one I
am thinking of is that new fuel station that we talked about recently. There may also have been a car wash.)
Thanks,
Kelly
From: Matt Haley[mailto:matt.haley@capefeareneineerine com]
Sent: Monday, September 14, 2015 12:52 PM
To: Johnson, Kelly <[e-mail]>
Cc: Scott, Georgette <georeette.scott0Dncdenr.gov>
Subject: RE: Waterford Permit Modification (SW8 020510)
Kelly — Thank you for all your help on this one. I will pass along to our client.
I do want to clarify one thing to make sure we are all on the same page.
As far as I am aware the submittal package from February is still at NCDENR and the review has been on hold pending
the legal issues getting worked out between developer and HOA. Right now we are not expecting the need to submit
anything else, but hope to get the issues resolved, and give you the go ahead to review the package as submitted. Is this
your understanding as well?

Matthew T. Haley - PE, LEED Green .Associate
CAPEFEARZ
ENGINEERING
From: Johnson, Kelly [mailto:[e-mail]
Sent: Monday, September 14, 2015 12:48 PM
To: Matt Haley
Cc: Scott, Georgette
Subject: RE: Waterford Permit Modification (SW8 020510)
Matt,
I talked to Georgette about this one, and we will extend the project due date again until 11/15/15. But, the due date
will not be extended again if the project is not ready to be submitted on that date: Please encourage the entities
involved to work through their legal differences over the next two months so that the NOD can be resolved.
Thanks,
Kelly
From: Matt Haley [mailto:matt.halev@capefeareneineerine com] TM
Sent: Monday, September 14, 201510.12 AM
To: Johnson, Kelly <kellv.p:[e-mail]>
Subject: RE: Waterford Permit Modification (SW8 020510)
I just talked to Bert and he think that everything should be sorted out by early November. Is it possible to set a new
extension date of November 15th?
Thanks,
Matthew T. Haley - PE, LEED Green Associate
CAPE: FEAR
ENGINEERING
From: Johnson, Kelly [mailto:kelly.p.johnson(&ncdenr.govl
Sent: Friday, September 11, 2015 12:58 PM
To: Matt Haley
Subject: RE: Waterford Permit Modification (SW8 020510)
Matt,
Georgette has to approve these types of extensions (it was submitted on 2/25/15). What submittal date do you need to
extend to?
Thanks, _
Kelly
From: Matt Haley [ma ilto: matt. halev@capefeareneinee rins.coml
Sent: Friday, September 11, 2015 10:49 AM
2

To: Johnson, Kelly <[e-mail]>
Subject: RE: Waterford Permit Modification (SW8 020510)
Kelly,
I just talked to Bert and he is su000sed to meet with Sam Potter on September 22"d or 23rd and will hopefully get
resolution on the outstanding issues with the HOA, Bert has asked that you keep this project in your que until after this
meeting.
Thanks,
Matthew T. Haley - PE, LEED Green Associate
CAPE FEAR
ENGINEERING
From: Johnson, Kelly [mailto:kelly.p.johnson(ancdenr goy]
Sent: Thursday, September 10, 2015 3:55 PM
To: Matt Haley
Subject: FW: Waterford Permit Modification (SW8 020510)
Matt,
Any idea what is going on with this? I haven't heard back from them, but I had scheduled it to be reviewed this
week. Since that isn't likely at this point, I need to figure out where else it can fit with the crazy number, of Express
projects coming in. (It is so hard to keep all of these on a schedule!)
Thanks,
KJ
From: Johnson, Kelly
Sent: Wednesday, September 09, 2015 12:08 PM
To: 'Andrew K. McVey' <[e-mail]>; Samuel Potter ([e-mail]) <[e-mail]>;
Wes Hodges ([e-mail]) <[e-mail]>
Cc: Matt Haley <[e-mail]>
Subject: FW: Waterford Permit Modification (SW8 020510)
All,
I am just checking on the status of this. Has this been submitted? It hasn't reached my desk yet.
Thanks,
Kelly
From: Johnson, Kelly
Sent: Tuesday, June 23, 2015 9:30 AM
To: 'Andrew K. McVey' <[e-mail]>
Cc:'[e-mail]' <[e-mail]>;'Wes Hodges ([e-mail])' <[e-mail]>
Subject: RE: Waterford Permit Modification (SW8 020510)
All,

Georgette approved the extension. Please see attached.
Thanks,
KJ
From: Johnson, Kelly
Sent: Monday, June 22. 2015 11:04 AM
To: 'Andrew K. McVey'; Scott, Georgette
Cc: '[e-mail]'; Wes Hodges (WHodaes hcpgIaw.com); Elizabeth Nelson
(elizabeth.nelson(Ocapefearengineering com); Weaver, Cameron
Subject: RE Waterford Permit Modification (SW8 020510)
Mr. McVey,
There are two issues at hand; the extension request and the new offsite permit which will be submitted soon:
1. Extension to Current Application: We accepted the current application which is in response to an NOD on
2/20/15. Per your request on 4/8/15 the Division agreed to delay review of the project until 6/8/15, and your
current request is to delay the review of the project until 9/8/15. My supervisor, Georgette Scott, is out of the
office today and she needs to approve the extension. I will discuss this with her and be back in touch.
2. New Offsite Permit to Drain to SW8 020510: Elizabeth Nelson of Cape Fear Engineering contacted me about
Carolina Shores Car Wash which will be applying for an Express offsite permit draining to Waterford. The car
wash will be on Tract O, Lot 9 which the 7/3/08 permit allocates 63,430sf of impervious area. Her client wants
to apply for a permit for their full 63,430sf of allocation. We received a BUA breakdown with the 2/13/15
application which is dated 1/14/14. (But, I suspect that the 1/14/14 table date on the 2/13/15 application date
is a typo because it does not match the master table I created on that date.) But, this table appears to continue
to allocate 63,430sf of impervious to Tract O Lot 9. So it appears that the car wash can apply for a new offsite
permit to drain to SW8 020510 without being caught up in any issues related iu the extension request. If this is
incorrect please let me know.
Thanks,
Kelly
From: Andrew K. McVey fmailto:AmcvW@)murchisontaylor coml
Sent: Friday, June 19, 2015 12:57 PM
To: Johnson, Kelly; Scott, Georgette
Cc: '[e-mail]'; Wes Hodges (WHodges@)hconlaw.com)
Subject: Waterford Permit Modification
Ms. Scott and Ms. Johnson,
Good afternoon. You will remember that Sam Potter and I were previously in touch with you back in April regarding a
stormwater permit modification request submitted on behalf of the developer at Waterford. You will also recall that
Sam represents the Waterford Master Residential Association ("WMRA") and our firm represent the permittee in
connection with a lawsuit that WMRA commenced.
We believe we have made significant forward progress toward resolving our clients' disputes, but review of the current
application to modify the permit at the present time will likely prove to be a setback to achieving
resolution. Accordingly, we ask that you afford the permittee a further 90 days before reviewing the present
application.
Bert Exum of WDV, Inc. anticipates that there will be additional need to bring one of Waterford's commercial out -
parcels within the purview of the stormwater permit and therefore expects to be submitting a modification request for

that purpose within the proposed 90-day period. Mr. Potter indicates that his client has no objection to the
modification of the permit for this purpose and we therefore ask that your office review that request in due course.
Please do not hesitate to contact me if you need further information.
Regards,
Andy McVey
1 MI UMBSfr3.�V+�'ty�TMIO
Andrew K. McVey 16 North Fifth Avenue
Attorney at Law Wilmington, NC 28401-4537
Phone: [phone] ext.124
For vCard, click here. Facsimile: 910-763-6561
[e-mail] www.murchisontaylor.com
CONFIDENTIALITY NOTICE: The information contained in this message is legally privileged and confidential information intended only for the use of the named recipient.
If the reader of this message is not the intended recipient, you are hereby notified that any review, retransmission, dissemination or other use of, or taking any action
in reliance upon, this message is strictly prohibited. If you have received this e-mail in error, please notify us immediately by return e-mail, delete all copies of this e-
mail from all computers, and destroy any printed copies of this e-mail.
IRS CIRCULAR 230 DISCLOSURE: To ensure compliance with requirements imposed by the Internal Revenue Service (IRS), unless specifically stated otherwise, any tax
advice contained in this communication (including any attachments) was not intended.or written to be used, and cannot be used by any taxpayer, for the purpose of
(i) avoiding tax -related penalties that may be imposed on the taxpayer, or (ii) promoting, marketing or recommending to another party any tax -related matter addressed
herein.

Johnson, Kelly
From:
Johnson, Kelly
Sent:
Monday, February 01, 2016 11:54 AM
To:
'Matt Haley'
Cc:
Scott, Georgette
Subject:
RE: Waterford Permit Modification (SW8 020510)
Matt,
When would you like to come in? This week I can meet either Wed or Thurs, just let me know what time. Or, we can go
to next week.
Thanks,
KJ
From: Matt Haley [mailto:[e-mail]]
Sent: Wednesday, January 27, 2016 9:02 AM
To: Johnson, Kelly <[e-mail]>
Cc: Scott, Georgette <[e-mail]>
Subject: RE: Waterford Permit Modification (SW8 020510)
Kelly,
I am so sorry to hear that. Will keep you and your family in my thoughts and prayers.
Feel free to wait until you return to the office to respond but I wanted to go ahead and send this while it was fresh. My
understanding is that the HOA and their attorney threatened an injunction to stop the review of the permit fearing that
there were changes being proposed that they were either uncomfortable with or needed time to review. The biggest
concern was that the originally permitted pond depth was being reduced to a 3-ft minimum in order to address areas
where the ponds could not be excavated to the original design depth due to hitting rock and coquina deposits during
construction. The HOA was concerned that the existing depth of the existing system was going to be reduced as part of
the modification. However, since that time a full hydrographic study was performed on the system and the HOA now
recognizes the rational for the proposed change in permitted depth. As far as I know there are not changes to the
previously submitted info as a result of the HOA developer negotiations.
I did forget about the decision to wrap Jeff Petroff s modifications at the Amenity Center. As a result, we will need to
modify a couple of the plan sheets and a few other documents. It may be easier for us to prepare a complete submittal
package and resubmit vs. you having to slip sheet the information that has changed into the Feb'15 submittal. Will we
also need a new application fee?
You are correct that there are some completed and recent ongoing projects in the commercial area. None of these
changes affect the permitted system but can be added to the project's tracking spreadsheet.
■ The corning credit union bank was permitted as an offsite permit. The car wash outparcel is part of the current
permit and no changes were made to the permitted impervious allocation.
• The car wash was permitted as an offsite permit. The carwash outparcel is part of the current permit and no
changes were made to the permitted impervious allocation.
• The proposed Harris Teeter fuel site is located as part of an existing offsite permit and has a specific impervious
allocation. No changes to the master permit are required as a result of this project.

I do think that it would be good if we could sit down and go over the package before you start your review. It has been a
while since we last met on this.
Thanks,
MatthewHaley, PE
CAPE FEA
R
.ARC
ENGINEERING
matt.haler(cD-capefearengineering.com
PH: 910.383.1044
151 Poole Road, Ste. 100 1 Belville, NC ; 28451
From: Johnson, Kelly [mailto:kellv.p.iohnson ncdenr.eov]
Sent: Tuesday, January 26, 201610:23 PM
To: Matt Haley <matt. haleyOcapefeareneineerine.com>
Cc: Scott, Georgette <[e-mail]>
Subject: Re: Waterford Permit Modification (SW8 020510)
Matt,
I had to leave town unexpectedly for a family emergency. I am not sure when I'll be back. But, it was my
understanding that the reason they requested that we not review the package right away was that they
anticipated changes to the application following those negotiations (otherwise what difference would it have
made if I reviewed it as is was submitted last spring or in lieu of any of the extension dates)? I don't know what
has changed over the past year. I know that there has been a car wash, possibly a bank, a gas station coming in
2 weeks from now, and the changes that Jeff Petroff submitted for the HOA that have been added. I think they
were discussing changes to pond depths for maintenance and for fishing reasons. I don't know how any of that
ended up.
I will be available by email this week, but probably at odd hours.
rXI
From: Matt Haley <matt. ha ley@capefeareneinee rine.com>
Sent: Tuesday, January 26, 201611:19:22 AM
To: Johnson, Kelly
Cc: Scott, Georgette
Subject: RE: Waterford Permit Modification (SW8 020510)
Kelly,
I just tried calling and got your voicemail saying that you would be out of the office until February 1st. Not sure if you
have access to your email or not.
Can you please confirm that you still have the original modification submittal package at your office from February
2015? It is our understanding that the agreement between the Developer and HOA does not cause any changes io Lire
information that was previously submitted. It was always our plan for you to continue your review of the previously
submitted package once both parties came to terms on an agreement. Please confirm whether or not you need a new
package as soon as you can so that we can reproduce the February 2015 package for delivery ASAP.
Thanks,

Wiztthevv Haley, PE
CAPE FEAR
ENGINEERING
matt.haley(a--)capefearengineering.com
PH: 910,383.1044
151 Poole Road, Ste. 100 1 Belville, NC 1 28451
From: Johnson, Kelly[mailto:[e-mail]]
Sent: Tuesday, January 26, 2016 11:04 AM
To:'Andrew K. McVey' <[e-mail]>; [e-mail]; [e-mail]
Cc: Scott, Georgette <georgette.scott(@@ncdenr.gov>; Matt Haley <[e-mail]>
Subject: RE: Waterford Permit Modification (SW8 020510)
All,
Please see the attached NOV. (The word/excel files have been attached rather than a scan due to issues with our
scanner). I have really tried to work with you all on this, but we need to get this resolved. Please submit the necessary
information by next Friday, February 5, 2016. If we do not receive the information I will recommend civil penalties to
our Central Office on Monday February 8, 2016.
Thanks,
KJ
From: Johnson, Kelly
Sent: Thursday, November 19, 2015 11:59 AM
To:'Andrew K. McVey' <[e-mail]>;'[e-mail]' <[e-mail]>;
'[e-mail]' <[e-mail]>
Cc: Georgette Scott <[e-mail]>; Matt Haley <[e-mail]>
Subject: FW: Waterford Permit Modification (SW8 020510)
Andrew, Sam and Wes,
What is the status with Waterford? I have been trying to work with you all on this, but the NOD was issued almost a
year ago on 12/5/14. The deadline has been extended several times and the current submittal from 2/13/15 was put on
hold per your request. You have explained that the reason for putting the package on hold was that the outcome of
your discussions would impact the submittal package. I am not sure what the extent of those impacts on the 2/13/15
application will be. But, this needs to reach resolution. I am just letting you know that I will be issuing an NOV for this
project as soon as I find time to write it up. If you have reached a resolution, please submit a package responding to the
12/5/14 NOD as soon as possible.
Thanks,
Kelly
From: Johnson, Kelly
Sent: Monday, September 14, 2015 12:56 PM
To: 'Matt Haley` <[e-mail]>
Cc: Scott, Georgette <[e-mail]>
Subject: RE: Waterford Permit Modification (SW8 020510)
Matt,
3

Yes. But, if anything has been updated either due to their negotiations or if there have been new offsites since it came
in in February then that will need to go on the master table. (I do not know if that has been the case or not. The one I
am thinking of is that new fuel station that we talked about recently. There may also have been a car wash.)
Thanks,
Kelly
From: Matt Haley [mailto:[e-mail]
Sent: Monday, September 14, 2015 12:52 PM
To: Johnson, Kelly <[e-mail]>
Cc: Scott, Georgette <[e-mail]>
Subject: RE: Waterford Permit Modification (SW8 020510)
Kelly — Thank you for all your help on this one. I will pass along to our client.
I do want to clarify one thing to make sure we are all on the same page..
As far as I am aware the submittal package from February is still at NCDENR and the review has been on hold pending
the legal issues getting worked out between developer and HOA. Right now we are not expecting the need to submit
anything else, but hope to get the issues resolved, and give you the go ahead to review the package as submitted. Is this
your understanding as well?
Matthew T. Haley - PE, LEED Green Associate
CAPE FEAR
ENGINEERING
From: Johnson, Kelly [mailto:kelly.p.johnsonCancdenr.govl
Sent: Monday, September 14, 2015 12:48 PM
To: Matt Haley
Cc: Scott, Georgette
Subject: RE: Waterford Permit Modification (SW8 020510)
Matt,
I talked to Georgette about this one, and.we will extend the project due date again until 11/15/15. But, the due date
will not be extended again if the project is not ready to be submitted on that date. Please encourage the entities
involved to work through their legal differences over the next two months so that the NOD can be resolved.
Thanks,
Kelly
From: Matt Haley [mailto:[e-mail]]
Sent: Monday, September 14, 2015 10:12 AM
To: Johnson, Kelly <[e-mail]>
Subject: RE: Waterford Permit Modification (SW8 020510)
I just talked to Bert and he think that everything should be sorted out by early November. Is it possible to set a new
extension date of November 15t"?
Thanks,

Matthew T. Haley - PE,
CAPE FEAR
ENGINEERING
LEED Greer: Associate
From: Johnson, Kelly [mailto:kelly.p.johnsonCa)ncdenrgov]
Sent: Friday, September 11, 2015 12:58 PM
To: Matt Haley
Subject: RE: Waterford Permit Modification (SW8 020510)
Matt,
Georgette has to approve these types of extensions (it was submitted on 2.'25/15). What submittal date do you need to
extend to?
Thanks,
Kelly
From: Matt Haley [mailto:[e-mail]]
Sent: Friday, September 11, 2015 10:49 AM
To: Johnson, Kelly <[e-mail]>
Subject: RE: Waterford Permit Modification (SW8 020510)
Kelly,
I just talked to Bert and he is supposed to meet with Sam Potter on September 22"d or 231 and will hopefully get
resolution on the outstanding issues with the HOA. Bert has asked that you keep this project in your que until after this
meeting.
Thanks,
Matthew T. Haley - PE,
AMR CAPE FEAR
ENGINEERING
LEER Green Associate
From: Johnson, Kelly [mailto:kelly.p johnson(c)ncdenr.gov]
Sent: Thursday, September 10, 2015 3:55 PM
To: Matt Haley
Subject: FW: Waterford Permit Modification (SW8 020510)
Matt,
Any idea what is going on with this? I haven't heard back from them, but I had scheduled it to be reviewed this
week. Since that isn't likely at this point, I need to figure out where else it can fit with the crazy number of Express
projects coming in. (It is so hard to keep all of these on a schedule!)
Thanks,
KJ

From: Johnson, Kelly
Sent: Wednesday, September 09, 2015 12:08 PM
To:'Andrew K. McVey' <[e-mail]>; Samuel Potter (sam([e-mail]) <[e-mail]>;
Wes Hodges ([e-mail]) <[e-mail]>
Cc: Matt Haley <[e-mail]>
Subject: FW: Waterford Permit Modification (SW8 020510)
All,
I am just checking on the status of this. Has this been submitted? It hasn't reached my desk yet.
Thanks,
Kelly
From: Johnson, Kelly
Sent: Tuesday, June 23, 2015 9:30 AM
To:'Andrew K. McVey' <[e-mail]>
Cc: '[e-mail]' <[e-mail]>; 'Wes Hodges ([e-mail])' <[e-mail]>
Subject: RE: Waterford Permit Modification (SW8 020510)
All,
Georgette approved the extension. Please see attached.
Thanks,
KJ
From: Johnson, Kelly
Sent: Monday, June 22, 2015 11:04 AM
To: 'Andrew K. McVey'; Scott, Georgette
Cc: '[e-mail]'; Wes Hodges (WHodges(a)hcpplaw.com); Elizabeth Nelson
(elizabeth.nelson(dcapefearengineering.com); Weaver, Cameron
Subject: RE: Waterford Permit Modification (SW8 020510)
Mr. McVey,
There are two issues at hand; the extension request and the new offsite permit which will be submitted soon:
1. Extension to Current Application: We accepted the current application which is in response to an NOD on
2/20/15. Per your request on 4/8/15 the Division agreed to delay review of the project until 6/8/15, and your
current request is to delay the review of the project until 9/8/15. My supervisor, Georgette Scott, is out of the
office today and she needs to approve the extension. I will discuss this with her and be back in touch.
2. New Offsite Permit to Drain to SW8 020510: Elizabeth Nelson of Cape Fear Engineering contacted me about
Carolina Shores Car Wash which will be applying for an Express offsite permit draining to Waterford. The car
wash will be on Tract 0, Lot 9 which the 7/3/08 permit allocates 63,430sf of impervious area. Her client wants
to apply for a permit for their full 63,430sf of allocation. We received a BUA breakdown with the 2/13/15
application which is dated 1/14/14. (But, I suspect that the 1/14/14 table date on the 2/13/15 application date
is a typo because it does not match the master table I created on that date.) But, this table appears to continue
to allocate 63,430sf of impervious to Tract 0 Lot 9. So it appears that the car wash can apply for a new offsite
permit to drain to SW8 020510 without being caught up in any issues related to the extension request. If this is
incorrect please let me know.
Thanks,
Kelly

From: Andrew K. McVey[mailto:AmcveyC�murchisontaylor.com]
Sent: Friday, June 19, 2015 12:57 PM
To: Johnson, Kelly; Scott, Georgette
Cc: '[e-mail]'; Wes Hodges ([e-mail])
Subject: Waterford Permit Modification
Ms. Scott and Ms. Johnson,
Good afternoon. You will remember that Sam Potter and I were previously in touch with you back in April regarding a
stormwater permit modification request submitted on behalf of the developer at Waterford. You will also recall that
Sam represents the Waterford Master Residential Association ("WMRA") and our firm represent the permittee in
connection with a lawsuit that WMRA commenced.
We believe we have made significant forward progress toward resolving our clients' disputes, but review of the current
application to modify the permit at the present time will likely prove to be a setback to achieving
resolution. Accordingly, we ask that you afford the permittee a further 90 days before reviewing the present
application.
Bert Exum of WDV, Inc. anticipates that there will be additional need to bring one of Waterford's commercial out -
parcels within the purview of the stormwater permit and therefore expects to be submitting a modification request for
that purpose within the proposed 90-day period. Mr. Potter indicates that his client has no objection to the
modification of the permit for this purpose and we therefore ask that your office review that request in due course.
Please do not hesitate to contact me if you need further information.
Regards,
Andy McVey
MT
IRS N
Andrew K. McVey
Attorney at Law
For vCard, click here.
a mcvey@ mu rch isontavlor.com
16 North Fifth Avenue
Wilmington, NC 28401-4537
Phone: [phone] ext. 124
Facsimile: 910-763-6561
www.murchisontaylor.com
CONFIDENTIALITY NOTICE: The information contained in this message is legally privileged and confidential information intended only for the use ofthe named recipient.
If the reader of this message is not the intended recipient, you are hereby notified that any review, retransmission, dissemination or other use of, or taking any action
in reliance upon, this message is strictly prohibited. If you have received this e-mail in error, please notify us immediately by return e-mail, delete all copies of this e-
mail from all computers, and destroy any printed copies of this e-mail.
IRS CIRCULAR 230 DISCLOSURE: To ensure compliance with requirements imposed by the Internal Revenue Service (IRS), unless specifically stated otherwise, any tax
advice contained in this communication (including any attachments) was not intended or written to be used, and cannot be used by any taxpayer, for the purpose of
(i) avoiding tax -related penaltiesthat may be imposed on the taxpayer, or (ii) promoting, marketing or recommendingto another party anytax-related matter addressed
herein.

Johnson, Kelly
From: Johnson, Kelly
Sent: Thursday, November 19, 2015 1:51 PM
To: 'Jeff Petrofr; Matt Haley
Subject: RE: SW8 050210, Waterford Master Permit - Tract D
Jeff. That is fine. I need to get the updated master table, too, showing the reallocated impervious.
Thanks,
KJ
From: Jeff Petroff [mailto:[e-mail]]
Sent: Thursday, November 19, 201510:35 AM
To: Matt Haley <[e-mail]>; Johnson, Kelly <[e-mail]>
Subject: RE: SW8 050210, Waterford Master Permit - Tract D
Thanks Matt!
Here are our proposed uses for a portion of the impervious reserve on Tract D. I'm labeling up our sheet as a
supplement to your sheet. If you are okay with it Kelly, I'll get a couple sealed copies of this sheet to slip into your set?
Thank you both for your help with this!
Jeff Petroff, P.E.
Project Engineer
w 1
Coastal Land Design, PLLC
PO Box 1172
Wilmington, NC 28402
Telephone: [phone] ext. 1002
Fax: [phone]
www.CLDeng.com
From: Matt Haley
Sent: Wednesday, November 18, 2015 4:14 PM
To: Johnson, Kelly <[e-mail]>; Jeff Petroff <[e-mail]>
Subject: RE: SW8 050210, Waterford Master Permit -Tract D
Jeff,
Attached is a copy of the plan sheet for the Amenity Center that we submitted to Kelly as part of the pending Waterford
permit modification. I think it should be fairly easy to incorporate your changes into this overall Tract D sheet and "slip"
into the set that Kelly currently has at her desk. Can you send me a plan showing your proposed improvements?
Thanks,
141atthew Haley, € E
CAPE fl—TF
ENGINEERING

matt.haleyCaD-capefearengineering.com
PH: 910.383.1044
151 Poole Road, Ste. 100 1 Belv;ile, NC ; 28451
From: Johnson, Kelly fmailto:kelly.p johnson(o)ncdenr.gov]
Sent: Thursday, November 05, 2015 7:49 AM
To: Jeff Petroff
Cc: Matt Haley
Subject: RE: SW8 050210, Waterford Master Permit - Tract D
Jeff,
If you jump in on the upcoming submittal with Matt, will you please make sure I get two sets of supporting plans of the
amenity center so it gets permitted appropriately?
Thanks,
Kelly
From: Jeff Petroff [mailto:[e-mail]]
Sent: Wednesday, November 04, 2015 7:43 PM
To: Johnson, Kelly <[e-mail]>
Cc: Matt Haley <[e-mail]>
Subject: RE: SW8 050210, Waterford Master Permit -Tract D
Thanks for bringing me up to speed Kelly! Really appreciate it.
Matt, if there is any way we could work our sheet into the Tract D section during the review and claim 1,500st of the
10,000sf future allocation, it would be greatly appreciated. I've been emailing Bert on this and he is aware of what we
want to do.
Thanks,
Jeff Petroff, P.E.
Project Engineer
Coastal Land Design, PLLC
PO Box 1172
Wilmington, NC 28402
Telephone: [phone] ext. 1002
Fax: [phone]
www.CLDena.com
From: Johnson, Kelly[mailto:[e-mail]
Sent: Wednesday, November 4, 2015 8:46 AM
To: Jeff Petroff <[e-mail]>
Cc: Matt Haley <matt.haley@capefearenginee ring.com>
Subject: SW8 050210, Waterford Master Permit - Tract D
Jeff,
There is a lot going on at Waterford. The HOA and the developer have lawyers mediating some issues (which I think are
broader than stormwater). But, the permit is mixed up in that. Matt Haley of Cape Fear Engineering, cc'd, is working on
the overall stormwater permit for the Waterford permittee (WDV, Inc. / Bert Exum). One of the main issues that they

have to fix under the NOD is to "fix" the BUA summary showing "who gets what", that there are deed restrictions, and
that it "fits" in the inter -connected pond system. I have attached the latest .draft (Matt, correct me if you have changed
it since we last talked.)
It shows a 10,000sf "future" area for, Tract D. I remember talking to someone last year about potentially moving BUA
around at that amenity center; but I believe you are right that we decided to wait and let all of the legal issues work out
and then worry about it. They probably didn't think it would take so long, though. This project has been in house since
February, and we agreed to delay review until the lawyers figure out their issues. It is due on 11/15/15.
KJ
From: Jeff Petroff [mailto:[e-mail]
Sent: Tuesday, November 03, 2015 4:50 PM
To: Johnson, Kelly <[e-mail]>
Subject: Waterford.....
Hi Kelly,
Hope you are doing well. Georgette told me you were working on the Waterford stormwater permit modification
(aren't you lucky....). The reason I'm reaching out is that I'm working for an architect on the clubhouse addition (Tract
D). I had originally been told the reallocation of either 9,000 or 10,000 sf (I've been told different amounts) had already
been transferred to the Amenity Center tract for this addition. Obviously that was incorrect. We are wanting to use
about 1,500sf for this addition, so we've got a plan that we would like to submit when the time is right. When would be
the right time? After everything has been cleared up with the transfer, or during your review? Just thought I'd muddy
the waters a bit...
Thanks for your help!
Jeff Petroff, P.E.
Pr% ct Engineer
Coastal Land Design, PLLC
PO Box 1172
Wilmington, NC 28402
Telephone: [phone] ext. 1002
Fax: [phone]
www.CLDen-g.com
3

Johnson, Kelly
From:
Andrew K. McVey <[e-mail]>
Sent:
Thursday, November 19, 2015 12:27 PM
To:
Samuel Potter; Johnson, Kelly
Cc:
[e-mail]; Scott, Georgette; Matt Haley
Subject:
RE: FW: Waterford Permit Modification (SW8 020510)
Sam has accurately summarized where we are. We appear to be very close to having an agreement as to all material
terms. I am checking in with Mr. Exum now and hope to be back with you shortly:
Andrew K. McVey
16 North Fifth Avenue
Attorney at Law
Wilmington, NC 28401-4537
Phone: [phone] ext. 124
For vCard, click here.
Facsimile: 910-763-6561
[e-mail] www.murchisontaylor.com
CONFIDENTIALITY NOTICE: The information contained in this message is legally privileged and confidential information intended onlyforthe use ofthe named recipient.
if the reader of this message is not the intended recipient, you are hereby notified that any review, retransmission, dissemination or other use of, or taking any action
in reliance upon, this message is strictly prohibited. If you have received this e-mail in error, please notify us immediately by return e-mail, delete all copies of this e-
mail from all computers, and destroy any printed copies of this e-mail.
IRS CIRCULAR 230 DISCLOSURE: To ensure compliance with requirements imposed by the Internal Revenue Service (IRS), unless specifically stated otherwise, any tax
advice contained in this communication (including any attachments) was not intended or written to be used, and cannot be used by any taxpayer, for the purpose of
(i) avoiding tax -related penalties that may be imposed on the taxpayer, or (ii) promoting, marketing or recommending to another party any tax -related matter addressed
herein.
From: Samuel Potter [mailto:[e-mail]]
Sent: Thursday, November 19, 2015 12:15 PM
To: Johnson, Kelly
Cc: Andrew K. McVey; [e-mail]; Scott, Georgette; Matt Haley
Subject: Re: FW: Waterford Permit Modification (SW8 020510)
Kelly,
Thank you for your email. We have exchanged draft settlement documents with WDV and Mr. Exum, but are a
little bogged down in finalizing those. I believe we have an agreement that will allow the modification to go
forward, however, it may be a few days before that agreement is finalized. I will reach out to WDV's counsel
and see what we can do to push this forward.
Thanks
SaLm Potter
On Thu, Nov 19, 2015 at 11:59 AM, Johnson, Kelly <[e-mail]> wrote:
Andrew, Sam and Wes,

What is the status with Waterford? I have been trying to work with you all on this, but the NOD was issued
almost a year ago on 12/5/14. The deadline has been extended several times and the current submittal from
2/13/1.5 was put on. hold per your request. You .have explained that the reason for putting the package on hold
was that the outcome of your discussions would impact the submittal package. I am not sure what the extent of
those impacts on the 2/13/15 application will be. But, this needs to reach resolution. I am just letting you know
that I will be issuing an NOV for this project as soon as I find time to write it up. If you have reached a
resolution, please submit a package responding to the 12:15/14 NOD as soon as possible.
Thanks,
Kelly
From: Johnson, Kelly
Sent: Monday, September 14, 2015 12:56 PM
To: 'Matt Haley' <matt.haley@capefearen ing eering_com>
Cc: Scott, Georgette <georgette.scott&cdenr.gov>
Subject: RE: Waterford Permit Modification (SW8 020510)
Matt,
Yes. But, if anything has been updated either due to their negotiations or if there have been new offsites since it
came in in February then that will need to go on the master table. (I do not know if that has been the case or
not. The one I am thinking of is that new fuel station that we talked about recently. There may also have been a
car wash.)
Thanks,
Kelly
From: Matt Haley rmailto:matt.haley&capefearengineering com]
Sent: Monday, September 14, 2015 12:52 PM
To: Johnson, Kelly <kelly.p.johnson(a ncdenr.gov>
Cc: Scott, Georgette <georizette.scott(a),ncdenr.gov>
Subject: RE: Waterford Permit Modification (SW8 020510)

Kelly —Thank you for all your help on this one. I will pass along to our client.
I do want to clarify one thing to snake sure we are all on the same page.
As far as I am aware the submittal package from February is still at NCDENR and the review has been on hold
pending the legal issues getting worked out between developer and HOA. Right now we are not expecting the
need to submit anything else, but hope to get the issues resolved, and give you the go ahead to review the
package as submitted. Is this your understanding as well?
Matthew T. Haley - PE, LEED Green Associate
CAPE FEAR
ENGINEERING
From: Johnson, Kelly [mailto:kelly.p.iohnson(cbncdenr.gov]
Sent: Monday, September 14, 2015 12:48 PM
To: Matt Haley
Cc: Scott, Georgette
Subject: RE: Waterford Permit Modification (SW8 020510)
Matt,
I talked to Georgette about this one, and we will extend the project due date again until 11115115. But, the due
date will. not be extended again if the project is not ready to be submitted on that date. Please encourage the
entities involved to work through their legal differences over the next two months so that the NOD can be
resolved.
Thanks,
Kelly
From: Matt Haley [mailto:matt.haley@capefearengineering coml
Sent: Monday, September 14, 2015 10:12 AM

To: Johnson, Kelly <kelly_p.iohnson6ncdenngov>
Subject: RE: Waterford Permit Modification (SW8 020510)
1 just talked to Bert and he think that everything should be sorted out by early November. Is it possible to set a
new extension date of November 15`h?
Thanks,
ilr atthew T. Hziev - PE, LEE© Green Associate
CAPE FEAR
ENGINEERING
From: Johnson, Kelly[mailto:kelly.p.johnsoncancdenr.00v]
Sent: Friday, September 11, 2015 12:58 PM
To: Matt Haley
Subject: RE: Waterford Permit Modification (SW8 020510)
Matt,
Georgette has to approve these types of extensions (it was submitted on 2!25/15). What submittal date do you
need to extend to?
Thanks,
Kelly
From: Matt Haley [mailto:matt.halykeapefearen 'nga eerin .com]
Sent: Friday, September 11, 2015 10:49 AM
To: Johnson, Kelly <kelly,p.johnson ,ncdenr. ov>
Subject: RE: Waterford Permit Modification (SW8 020510)

Kelly,
I just talked to Bert and he is supposed. to meet with Sam :Potter on September 22nd or 23' and will hopefully
get resolution on the outstanding issues with the HOA. Bert has asked that you keep this project in your Gue
until after this meeting.
Thanks,
Matthexw T . Halel, - PE, !_EED Greed Associate
CAPE FEAR
ENGINEERING
From: Johnson, Kelly fmailto:kelly.p.iohnsonOncdenr.gov]
Sent: Thursday, September 10, 2015 3:55 PM
To: Matt Haley
Subject: FW: Waterford Permit Modification (SW8 020510)
Matt,
Any idea what is going on with this? I haven't heard back from their, but I had scheduled it to be reviewed this
week. Since that isn't likely at this point, I need to figure out where else it can fit with the crazy number of
Express projects coming in. (It is so hard to keep all of these on a schedule!)
Thanks,
KJ

From: Johnson, Kelly
Sent: Wednesday, September 09, 2015 12:08 PM
To: 'Andrew K. McVey' <Ameveyna,murchisontaylor.com>; Samuel Potter (sam ,hgolaw.com)
<sam&hg=Iaw.com>; Wes Hodges ()Uodges(cr�,hcpplaw.com) <WHodges(a�,hcpplaw.com>
Cc: Matt Haley <matt.haley(r.D,ca efearen ineering com>
Subject: FW: Waterford Permit Modification (SW8 020510)
All;
I am just checking on the status of this. Has this been submitted? It hasn't reached my desk yet.
Thanks,
Kelly
From: Johnson, Kelly
Sent: Tuesday, June 23, 2015 9:30 AM
To: 'Andrew K. McVey' <[e-mail]>
Cc: 'sam ,hcpplaw.com' <sam hgMlaw.com>; 'Wes Hodges (WHod es(a)hpMIaw.com)'
<WHodges(a,hcpplaw. com>
Subject: RE: Waterford Permit Modification (SW8 020510)
All,
Georgette approved the extension. Please see attached.
Thanks,
KJ
From: Johnson, Kelly
Sent: Monday, June 22, 2015 11:04 AM
To: 'Andrew K. McVey; Scott, Georgette
Cc: 'sam(abhcpplaw.com'; Wes Hodges ([e-mail]); Elizabeth Nelson
([e-mail]); Weaver, Cameron
Subject: RE: Waterford Permit Modification (SW8 020510)

Mr. McVey,
There are two issues at ha: -id; the extension request and the new offsite permit which will be submitted soon:
1. Extension to Current Application: We accepted the current application which is in response to an NOD on
2/20/15. Per your request on 4l8/15 the Division agreed to delay review of the project until 6/8/15, and your
current request is to delay the revicw of the project until 9/8/15. My supervisor, Georgette Scott, is out of the
office today and she needs to approve; the extension. I will discuss this with her and be back in touch..
2. New Offsite Permit to Drain to SW8 020510: Elizabeth Nelson of Cape Fear Engineering contacted me
about Carolina Shores Car Wash which will be applying for an Express offsite pernut draining to
Waterford. The car wash will be on Tract O, Lot 9 which the 7/3/08 permit allocates 63,430sf of impervious
area. Her client wants to apply for a pen -nit for their full 63,430sf of allocation. We received a BUA
breakdown with the 2i 13/15 application which is dated 1/14/14. (But, I suspect that the 1/14/14 table date on
the 2/13/15 application date is a typo because it does not snatch the master table I created on that date.) But, this
table appears to continue to allocate 6 3,430sf of impervious to Tract O Lot 9. So it appears that the car wash
can apply for a new offsite permit to drain to SW8 020510 without being caught up in any issues related to the
extension request. If this is incorrect please let me know.
Thanks,
Kelly
From: Andrew K. McVey [maiito:AmQ [e-mail]]
Sent: Friday, June 19, 2015 12:57 PM
To: Johnson, Kelly; Scott, Georgette
Cc: 'samahcppiaw.com'; Wes Hodges (WHodges(&hcgglaw.com)
Subject: Waterford Permit Modification
Ms. Scott and Ms. Johnson,
Good afternoon. You will remember that Sam Potter and I were previously in touch with you back in April
regarding a stormwater permit modification request submitted on behalf of the developer at Waterford. You
will also recall that Sam represents the Waterford Master Residential Association ("WMRA") and our firm
represent the permittee in connection with a lawsuit that WMRA commenced.
We believe we have made significant forward progress toward resolving our clients' disputes, but review of the
current application to modify the permit at the present time will likely prove to be a setback to achieving
resolution. Accordingly, we ask that you afford the permittee a further 90 days before reviewing the present
application.
Bert Exum of WDV, Inc. anticipates that there will be additional need to bring one of Waterford's commercial
out -parcels within the purview of the stormwater permit and therefore expects to be submitting a modification

request for that purpose within the proposed 90-day period. Mr. Potter indicates that his client has no objection
to the modification of the permit for this purpose and we therefore ask that your office review that request in
due course.
Please do not hesitate to contact me if you need further information.
Regards,
Andy McVey
Andrew K McVey 16 North Fifth Avenue
Attorney at Law Wilmington, NC 28401-4537
Phone: [phone] ext. 124
For vCard, click here. Facsimile: 910-763-6561
amcveyC&murehisontayloncom www.murchisontaylor.com
CONFIDENTIALITY NOTICE: The information contained in this message is legally privileged and confidential information intended only for the use of the named
recipient. If the reader of this message is not the intended recipient, you are hereby notified that any review, retransmission, dissemination or other use of, or taking any
action in reliance upon, this message is strictly prohibited. If you have received this e-mail in error, please notify us immediately by return e-mail, delete all copies of this
e-mail from all computers, and destroy any printed copies of this e-mail.
IRS CIRCULAR 230 DISCLOSURE: To ensure compliance with requirements imposed by the Internal Revenue Service (IRS), unless specifically stated otherwise, any
tax advice contained in this communication (including any attachments) was not intended or written to be used, and cannot be used by any taxpayer, for the purpose of
(i) avoiding tax -related penalties that may be imposed on the taxpayer, or (ii) promoting, marketing or recommending to another party any tax -related matter addressed
herein.
Samuel B. Potter
Hodges Coxe Potter & Phillips, LLP
3907-100 Wrightsville Avenue
Wilmington, NC 28403
Phone: [phone]
Cell: [phone]
Fax: [phone]
www.hoplaw.com
Confidentiality Notice:
This message is being sent by or on behalf of a lawyer. It is intended exclusively for the individual or entity to
which it is addressed. This communication may contain information that is proprietary, privileged

or confidential or otherwise legally exempt from disclosure. If you are
not the named addressee, you are not authorized to read, print, retain, copy or
disseminate this message or any part of it. If you have received this
message in error, please notify the sender immediately by e-mail and delete all copies of the message.

Coastal Land DesignIL , PLLC
Civil Engineering/Landscape Architecture
Land Planning/Construction Management
P.O. Box 1172 Phone: [phone]
Wilmington, TIC 28402 Fax: [phone]
www.cldeng.com
To:
NCDENR — Wilmington Regional Office
127 Cardinal Drive Extension
Wilmington, NC 28405
(910) 796 — 7215
Attn:
I Kelly Johnson
❑ As Requested
❑ Sent via Mail
.R.RCJM
NOV, a 0 2915
Date: November 20, 2015
File: 140-06
Subject:
Waterford of the Carolinas
Stormwater Sunulement to Tract "D"
SW8 050210
❑ For Your Files ❑ For Distribution ® For your Review / Action / Approval
❑ Sent via Courier
Quantity
Drawing No.
Description
2
SW-D(SUP)
Supplemental Drawing for Sheet "D" — Waterford Amenity Center
NOV 2 3 2015
BY -
REMARKS I Hi Kelly, Thanks for your help and understanding with this. Please let me know if you need anything else.
CC: File Coastal Land Design, PLLC
CLD Trans 112015.docx

Johnson, Kelly
From: Johnson, Kelly
Sent: Thursday, November 19, 201511:59 AM
To: 'Andrew K. McVey'; '[e-mail]; '[e-mail]'
Cc: Georgette Scott; Matt Haley
Subject: FW: Waterford Permit Modification (SW8 020510)
Attachments: 2015 06 addinfo 021510.docx; 2014 12 CEI_NOD 020510.docx; 2015 04 addinfo
020510.docx
Andrew, Sam and Wes,
What is the status with Waterford? I have been trying to work with you all on this, but the NOD was issued almost a
year ago on 12/5/14. The deadline has been extended several times and the current submittal from 2/13/15 was put on
hold per your request. You have explained that the reason for putting the package on hold was that the outcome of
your discussions would impact the submittal package. I am not sure what the extent of those impacts on the 2/13/15
application will be. But, this needs to reach resolution. I am just letting you know that I will be issuing an NOV for this
project as soon as I find time to write it up. If you have reached a resolution, please submit a package responding to the
12/5/14 NOD as soon as possible.
Thanks,
Kelly
From: Johnson, Kelly
Sent: Monday, September 14, 2015 12:56 PM
To:'Matt Haley' <matt. ha ley@ ca pefea re nginee ring. com>
Cc: Scott, Georgette <[e-mail]>
Subject: RE: Waterford Permit Modification (SW8 020510)
Matt,
Yes. But, if anything has been updated either due to their negotiations or if there have been new offsites since it came
in in February then that will need to go on the master table. (I do not know if that has been the case or not. The one I
am thinking of is that new fuel station that we talked about recently. There may also have been a car wash.)
Thanks,
Kelly
From: Matt Haley [ma iIto: matt. halev@caPefearenginee ring.coml
Sent: Monday, September 14, 2015 12:52 PM
To: Johnson, Kelly <[e-mail]>
Cc: Scott, Georgette <[e-mail]>
Subject: RE: Waterford Permit Modification (SW8 020510)
Kelly — Thank you for all your help on this one. I will pass along to our client.
I do want to clarify one thing to make sure we are all on the same page.
As far as I am aware the submittal package from February is still at NCDENR and the review has been on hold pending
the legal issues getting worked out between developer and HOA. Right now we are not expecting the need to submit
anything else, but hope to get the issues resolved, and give you the go ahead to review the package as submitted. Is this
your understanding as well?

I�iaehew T. Haley - ICE, LEED Green dissociate
CAPE FEAR
ENGINEERING
From: Johnson, Kelly [mailto:kelly.p johnson(�i)ncdenr.gov]
Sent: Monday, September 14, 2015 12:48 PM
To: Matt Haley
Cc: Scott, Georgette
Subject: RE: Waterford Permit Modification (SW8 020510)
Matt,
I talked to Georgette about this one, and we will extend the project due date again until 11/15/15. But, the due date
will not be extended again if the project is not ready to be submitted on that date. Please encourage the entities
involved to work through their legal differences over the next two months so that the NOD can be resolved.
Thanks,
Kelly
From: Matt Haley (mailto:[e-mail]
Sent: Monday, September 14, 2015 10:12 AM
To: Johnson, Kelly <[e-mail]>
Subject: RE: Waterford Permit Modification (SW8 020510)
I just talked to Bert and he think that everything should be sorted out by early November. Is it possible to set a new
extension date of November 15t''?
Thanks,
Matthew T. Haley - PE, DEED Green Associate
Cepe EAR
ENGINEERING
From: Johnson, Kelly [mailto:[e-mail]]
Sent: Friday, September 11, 2015 12:58 PM
To: Matt Haley
Subject: RE: Waterford Permit Modification (SW8 020510)
Matt,
Georgette has to approve these types of extensions (it was submitted on 2/25/15). What submittal date do you need to
extend to?
Thanks,
Kelly
From: Matt Haley (mailto:[e-mail]
Sent: Friday, September 11, 2015 10:49 AM

To: Johnson, Kelly <[e-mail]>
Subject: RE: Waterford Permit Modification (SW8 020510)
Kelly,
I just talked to Bert and he is supposed to meet with Sam Potter on September 22Id or 2311 and will hopefully get
resolution on the outstanding issues with the HOA. Bert has asked that you keep this project in your que until after this
meeting.
Tharks,
Matthew T. Haley - PE, LEED Green Associate
Arn im
MANI
ENGINEERING
From: Johnson, Kelly[mailto:[e-mail]]
Sent: Thursday, September 10, 2015 3:55 PM
To: Matt Haley
Subject: FW: Waterford Permit Modification (SW8 020510)
Matt,
Any idea what is going on with this? I haven't heard back from them, but I had scheduled it to be reviewed this
week. Since that isn't likely at this point, I need to figure out where else it can fit with the crazy number of Express
projects coming in. (It is so hard to keep all of these on a schedule!)
Thanks,
KJ
From: Johnson, Kelly
Sent: Wednesday, September 09, 201512:08 PM
To:'Andrew K. McVey' <[e-mail]>; Samuel Potter ([e-mail]) <sam([e-mail]>;
Wes Hodges ([e-mail]) <[e-mail]>
Cc: Matt Haley <matt.haley@capefeareneinee rins.com>
Subject: FW: Waterford Permit Modification (SW8 020510)
All,
I am just checking on the status of this. Has this been submitted? It hasn't reached my desk yet.
Thanks,
Kelly
From: Johnson, Kelly
Sent: Tuesday, June 23, 2015 9:30 AM
To: 'Andrew K. McVey' <[e-mail]>
Cc:'[e-mail]' <[e-mail]>;'Wes Hodges ([e-mail])' <[e-mail]>
Subject: RE: Waterford Permit Modification (SW8 020510)
21

Georgette approved the extension. Please see attached.
Thanks,
KJ
From: Johnson, Kelly
Sent: Monday, June 22, 2015 11:04 AM
To: 'Andrew K. McVey'; Scott, Georgette
Cc: '[e-mail]'; Wes Hodges (WHodges hcoplaw.com); Elizabeth Nelson
(elizabeth.nelsonC�capefearengineering.com); Weaver, Cameron
Subject: RE: Waterford Permit Modification (SW8 020510"
Mr. McVey,
There are two issues at hand; the extension request and the new offsite permit which will be submitted soon:
1. Extension to Current Application: We accepted the current application which is in response to an NOD on
2/20/15. Per your request on 4/8/15 the Division agreed to delay review of the project until 6/8/15, and your
current request is to delay the review of the project until 9/8/15. My supervisor, Georgette Scott, is out of the
office today and she needs to approve the extension. I will discuss this with her and be back in touch.
2. New Offsite Permit to Drain to SW8 020510: Elizabeth Nelson of Cape Fear Engineering contacted me about
Carolina Shores Car Wash which will be applying for an Express offsite permit draining to Waterford. The car
wash will be on Tract 0, Lot 9 which the 7/3/08 permit allocates 63,430sf of impervious area. Her client wants
to apply for a permit for their full 63,430sf of allocation. We received a BUA breakdown with the 2/13/15
application which is dated 1/14/14. (But, I suspect that the 1/14/14 table date on the 2/13/15 application date
is a typo because it does not match the master table I created on that date.) But, this table appears to continue
to allocate 63,430sf of impervious to Tract O Lot 9. So it appears that the car wash can apply for a new offsite
permit to drain to SW8 020510 without being caught up in any issues related to the extension request. If this is
incorrect please let me know.
Thanks,
Kelly
From: Andrew K. McVey [mailto:Amcvey(a)murchisonta loy r.com]
Sent: Friday, June 19, 2015 12:57 PM
To: Johnson, Kelly; Scott, Georgette
Cc: '[e-mail]'; Wes Hodges ([e-mail])
Subject: Waterford Permit Modification
Ms. Scott and Ms. Johnson,
Good afternoon. You will remember that Sam Potter and I were previously in touch with you back in April regarding a
stormwater permit modification request submitted on behalf of the developer at Waterford. You will also recall that
Sam represents the Waterford Master Residential Association ("WMRA") and our firm represent the permittee in
connection with a lawsuit that WMRA commenced.
We believe we have made significant forward progress toward resolving our clients' disputes, but review of the current
application to modify the permit at the present time will likely prove to be a setback to achieving
resolution. Accordingly, we ask that you afford the permittee a further 90 days before reviewing the present
application.
Bert Exum of WDV, Inc. anticipates that there will be additional need to bring one of Waterford's commercial out -
parcels within the purview of the stormwater permit and therefore expects to be submitting a modification request for
4

that purpose within the proposed 90-day period. Mr. Potter indicates that his client has no objection to the
modification of the permit for this purpose and we therefore ask that your office review that request in due course.
Please do not hesitate to contact me if you need further information.
Regards,
Andy McVey
Andrew K. McVey
16 North Fifth Avenue
Attorney at Law
Wilmington, NC 28401-4537
Phone: [phone] ext. 124
For vCard, click here.
Facsimile: 910-763-6561
[e-mail] www.murchisontaylor.com
CONFIDENTIALITY NOTICE: The information contained in this message is legally privileged and confidential information intended only for the use of the named recipient.
If the reader of this message is not the intended recipient, you are hereby notified that any review, retransmission, dissemination or other use of, or taking any action
in reliance upon, this message is strictly prohibited. If you have received this e-mail in error, please notify us immediately by return e-mail, delete all copies of this e-
mail from all computers, and destroy any printed copies of this e-mail.
IRS CIRCULAR 230 DISCLOSURE: To ensure compliance with requirements imposed by the Internal Revenue Service (IRS), unless specifically stated otherwise, any tax
advice contained in this communication (including any attachments) was not intended or written to be used, and cannot be used by any taxpayer, for the purpose of
(i) avoiding tax -related penalties that may be imposed on the taxpayer, or (ii) promoting, marketing or recommending to another party anytax-related matter addressed
herein.

Johnson, Kelly
From:
Johnson, Kelly
Sent:
Monday, September 14, 201512:48 PM
To:
'Matt Haley
Cc:
Georgette Scott
Subject:
RE: Waterford Permit Modification (SW8 020510)
Matt,
I talked to Georgette about this one, and we will extend the project due date again until 11/15/15. But, the due date
will not be extended again if the project is not ready to be submitted on that date. Please encourage the entities
involved to work through their legal differences over the next two months so that the NOD can be resolved.
Thanks,
Kelly
From: Matt Haley [mailto:[e-mail]]
Sent: Monday, September 14, 2015 10:12 AM
To: Johnson, Kelly <[e-mail]>
Subject: RE: Waterford Permit Modification (SW8 020510)
I just talked to Bert and he think that everything should be sorted out by early November. Is it possible to set a new
extension date of November 151"?
Thanks,
fifatthew T. Haley - PE,
CAPE FEAR
ENGINEERING
LEED Green Associate
From: Johnson, Kelly [mailto:kelly.p.johnson(&ncdenr.ci
Sent: Friday, September 11, 2015 12:58 PM
To: Matt Haley
Subject: RE: Waterford Permit Modification (SW8 020510)
Matt,
Georgette has to approve these types of extensions (it was submitted on 2/25/15). What submittal date do you need to
extend to?
Thanks,
Kelly
From: Matt Haley [ma iIto: matt. halev@capefeareneinee ring.coml
Sent: Friday, September 11, 2015 10:49 AM
To: Johnson, Kelly <[e-mail]>
Subject: RE: Waterford Permit Modification (SW8 020510)

Kelly,
I just talked to Bert ar.d he is supposed to meet with Sam Potter on September 22'd or 23' and will hopefully get
resolution on the outstanding issues with the HOA. Bert has asked that you keep this project in your que until after this
meeting.
Thanks,
Mlatthew T. Maley - PE, LEED Green Associate
CAPE r E"AR
ENGINEERING
From: Johnson, Kelly[mailto:kelly.p.johnson@)ncdenr.gov]
Sent: Thursday, September 10, 2015 3:55 PM
To: Matt Haley
Subject: FW: Waterford Permit Modification (SW8 020510)
Matt,
Any idea what is going on with this? I haven't heard back from them, but I had scheduled it to be reviewed this
week. Since that isn't likely at this point, I need to figure out where else it can fit with the crazy number of Express
projects coming in. (It is so hard to keep all of these on a schedule!)
Thanks,
KJ
From: Johnson, Kelly
Sent: Wednesday, September 09, 2015 12:08 PM
To:'Andrew K. McVey' <[e-mail]>; Samuel Potter ([e-mail]) <[e-mail]>;
Wes Hodges ([e-mail]) <[e-mail]>
Cc: Matt Haley <[e-mail]>
Subject: FW: Waterford Permit Modification (SW8 020510)
All,
I am just checking on the status of this. Has this been submitted? It hasn't reached my desk yet.
Thanks,
Kelly
From: Johnson, Kelly
Sent: Tuesday, June 23, 2015 9:30 AM
To:'Andrew K. McVey' <[e-mail]>
Cc: '[e-mail]' <[e-mail]>; 'Wes Hodges ([e-mail])' <[e-mail]>
Subject: RE: Waterford Permit Modification (SW8 02051011
All,
Georgette approved the extension. Please see attached.
Thanks,

KJ
From: Johnson, Kelly
Sent: Monday, June 22, 2015 11:04 AM
To: 'Andrew K. McVey'; Scott, Georgette
Cc: '[e-mail]'; Wes Hodges (WHodges(dhcpplaw.com); Elizabeth Nelson
(elizabeth.nelson(dcapefearenaineering.com); Weaver, Cameron
Subject: RE: Waterford Permit Modification (SW8 020510)
Mr. McVey,
There are two issues at hand; the extension request and the new offsite permit which will be submitted soon:
1. Extension to Current Application: We accepted the current application which is in response to an NOD on
2/20/15. Per your request on 4/8/15 the Division agreed to delay review of the project until 6/8/15, and your
current request is to delay the review of the project until 9/8/15. My supervisor, Georgette Scott, is out of the
office today and she needs to approve the extension. I will discuss this with her and be back in touch.
2. New Offsite Permit to Drain to SW8 020510: Elizabeth Nelson of Cape Fear Engineering contacted me about
Carolina Shores Car Wash which will be applying for an Express offsite permit draining to Waterford. The car
wash will be on Tract O, Lot 9 which the 7/3/08 permit allocates 63,430sf of impervious area. Her client wants
to apply for a permit for their full 63,430sf of allocation. We received a BUA breakdown with the 2/13/15
application which is dated 1/14/14. (But, I suspect that the 1/14/14 table date on the 2/13/15 application date
is a typo because it does not match the master table I created on that date.) But, this table appears to continue
to allocate 63,430sf of impervious to Tract O Lot 9. So it appears that the car wash can apply for a new offsite
permit to drain to SW8 020510 without being caught up in any issues related to the extension request. If this is
incorrect please let me know.
Thanks,
Kelly
From: Andrew K. McVey[mailto:[e-mail]]
Sent: Friday, June 19, 2015 12:57 PM
To: Johnson, Kelly; Scott, Georgette
Cc: '[e-mail]'; Wes Hodges ([e-mail])
Subject: Waterford Permit Modification
Ms. Scott and Ms. Johnson,
Good afternoon. You will remember that Sam Potter and I were previously in touch with you back in April regarding a
stormwater permit modification request submitted on behalf of the developer at Waterford. You will also recall that
Sam represents the Waterford Master Residential Association ("WMRA") and our firm represent the permittee in
connection with a lawsuit that WMRA commenced.
We believe we have made significant forward progress toward resolving our clients' disputes, but review of the current
application to modify the permit at the present time will likely prove to be a setback to achieving
resolution. Accordingly, we ask that you afford the permittee a further 90 days before reviewing the present
application.
Bert Exum of WDV, Inc. anticipates that there will be additional need to bring one of Waterford's commercial out -
parcels within the purview of the stormwater permit and therefore expects to be submitting a modification request for
that purpose within the proposed 90-day period. Mr. Potter indicates that his client has no objection to the
modification of the permit for this purpose and we therefore ask that your office review that request in due course.
Please do not hesitate to contact me if you need further information.

Regards,
Andy McVey
Nil:.ti34
3 fi:,.E
Andrew K. McVey
16 North Fifth Avenue
Attorney at Law
Wilmington, NC 28401-4537
Phone: [phone] ext.124
For vCard, click here.
Facsimile: 910-763-6561
[e-mail] www.murchisontaylor.com
CONFIDENTIALITY NOTICE: The information contained in this message is legally privileged and confidential information intended only for the use ofthe named recipient.
If the reader of this message is not the intended recipient, you are hereby notified that any review, retransmission, dissemination or other use of. or taking any action
in reliance upon, this message is strictly prohibited. If you have received this e-mail in error, please notify us immediately by return e-mail, delete all copies of this e-
mail from all computers, and destroy any printed copies of this e-mail.
IRS CIRCULAR 230 DISCLOSURE: To ensure compliance with requirements imposed by the Internal Revenue Service (IRS), unless specifically stated otherwise, any tax
advice contained in this communication (including any attachments) was not intended or written to be used, and cannot be used by any taxpayer, for the purpose of
(i) avoiding tax -related penalties that may be imposed on the taxpayer, or (ii) promoting, marketing or recommending to another party any tax -related matter addressed
herein.

Johnson, Kelly
From: Johnson, Kelly
Sent: Thursday, November 19, 2015 11:32 AM
To: 'Matt Haley'
Subject: RE: Waterford, 3 offsite lots (between Smithfields and Corning Credit Union)
Matt,
We still have the paperwork on file from February. When I read your email to Eric that discussed the paperwork
submitted to me I thought you meant that yuu had re -submitted something for the 11/15/15 deadline. But, that is
evidently not the case. So, it sounds like everything you submitted in February is still "good", and that the associated
legal discussions haven't necessitated changes to it. If that is the case, then we still have everything you sent.
I am looking luck at my 9/14/15 email extending the deadline to 11/15/15. In retrospect, I should have sent that to the
lawyers, too. I am going to get back in touch with them and see what the situation is. It is time to get this
resolved. Technically, I am supposed to return it because Georgette said this was the last extension.
Thanks,
Kelly
From: Matt Haley [mailto:[e-mail]]
Sent: Thursday, November 19, 2015 10:40 AM
To: Johnson, Kelly <[e-mail]>
Subject: RE: Waterford, 3 offsite lots (between Smithfields and Corning Credit Union)
Kelly,
I want to clarify that nothing new has been submitted to WiRo. It was our understanding that you still had the complete
submittal from February but were waiting to review pending resolution between the HOA and developer. Can you
please confirm that the entire original submittal package is still at NCDENR? Please feel free to give me a call if you
would like.
Thanks,
Matthew Haley, r?E
C "E FE"
ENGINEERING
matt.halevCa?capefearenaineerina.com
PH: 910.383.1044
151 Poole Road, Ste. 100 1 Belville, NC 1 28451
From: Johnson, Kelly fmailtu:kelly.p.johnson(dncdenr.govl
Sent: Thursday, November 19, 2015 8:16 AM
To: Matt Haley; Eric Seidel (eseidel()sepiengineering.com)
Subject: RE: Waterford, 3 offsite lots (between Smithfields and Corning Credit Union)
Thanks Matt.
Eric,

I haven't pulled out the plans on this. I hear that the NOD has been submitted to WiRO, but it hasn't made its way to my
desk yet so I haven't seen that yet either. But, it sounds like your lots are on Tract K (SW8 061114) and that Tract K
drains offsite to Waterford (SW8 020510). Tract K is issued to Weingarten Nostat, Inc (permit and correspondence to
them attached). So, Matt is correct. He isn't working for Weingarten, and he doesn't have any control of what they
want to do with their allocation. If you are going to further subdivide K, then you will need to do a plan revision for SW8
061114 to show that subdivision. Tract K/ SW8 061114 is allocated 1,096,167sf of BUA to drain to SW8 020510 (at least
in the most recent version I have seen). I included all of the details of all of the lots in Tract K in the master permit's
master table (SW8 020510) years ago mainly as a tracking mechanism to figure out what is going on out there as a whole
because there are so many pieces. But, technically, once SW8 020510 is "fixed" its master table can show Tract K as
having a clump of allocation equal to 1,096,167sf and not show the details of how that is allocated. The details of Tract
K's allocation should be documented in its file, SW8 061114. So, revising Tract K/SW8 061114 will not result in having to
have a Plan Revision to SW8 020510 as long as SW8 061114's total BUA remains equal to the total BUA allocated to it
under SW8 020510. The section in the SW8 020150 master plan's master table showing the details for Tract K will
become the master table for SW8 061114 when you revise SW8 061114.
Hopefully that makes sense. If you have questions please let me know.
KJ
From: Matt Haley [mailto:matt.haley capefearengineering.com]
Sent: Wednesday, November 18, 2015 4:47 PM
To: Johnson, Kelly <[e-mail]>; Eric Seidel ([e-mail])
<[e-mail]>
Subject: RE: Waterford, 3 offsite lots (between Smithfields and Corning Credit Union)
Kelly/Eric,
Thank you for keeping me in the loop. However, the subject area is a bit complicated and the Waterford Developer
really does not have any control over the impervious allocation within this area. This area was part of original Tract K
that was sold to and subdivided by Weingarten. Not exactly sure how Weingarten originally set up their offsite permit
but the current master plan in this area shows only two lots (Lot 3 & 4) not three. Is the intention to further subdivide
this are into a third lot? If so, I would imagine that the Tract K stormwater permit would need to be modified not the
overall Waterford Permit. All of the information shown on the current Overall Waterford Stormwater plans for Tract K is
shown for reference only as the offsite permit should be relied on for specifics.
As far as impervious allocation goes, I cannot see where any additional impervious area would be needed. The total area
of the two lots is 136,634 sf and based on the current impervious tracking spreadsheet there is a total of 111,819 sf of
impervious area allocated to these lots. This results in an impervious coverage of about 82% which is probably more like
90% when you remove the area of the existing stormwater pond. With the setbacks and landscape areas required the
Town of Leland I think it is going to be hard constructing as much impervious area as what
Please let me know if there are any questions or if either of you want to discuss specifics in more detail.
Thanks,
141
I leadhew Haley, PE
CAPE FILAR
matt.nalevCcD-capefearengineerina.com
PH: 910.383.1044

151 Poole Road, Ste. 100 1 Belville, NCI 1 28451
From: Johnson, Kelly[mailto:kelly.p.johnson(&ncdenr.gov]
Sent: Wednesday, November 18, 2015 3:54 PM
To: Eric Seidel (eseidelabsepiengineering.com); Matt Haley
Subject: Waterford, 3 offsite lots (between Smithfields and Corning Credit Union)
Matt,
Eric Seidel of SEPI Engineering (cc'd) is working on three parcels between Smithfields and Corning Credit Union. I told
him the scenario going on out there, and that you are working on the final allocation numbers for the permittee. He is
interested in getting "extra" future allocation to his developments (just like Jeff Petroff asked about recently for another
lot out there.)
Eric,
This NOD is due pretty soon, so I do not know if you all will have time to work through getting "extra" BUA in this round
or not. But, either way, the latest draft of the master table that I have is attached. Matt may have a more recent
version.
Kelly
K.eU OhI&SOw
Kelly Johnson
Environmental Engineer
NC Division of Energy, Mineral and Land Resources
Stormwater Permitting
127 Cardinal Drive Extension
Wilmington, NC 28405-3845
Office: 910.796.7331
Fax: [phone]

Johnson, Kelly
From: Johnson, Kelly
Sent: Friday, August 21, 2015 10:39 AM
To: 'Matt Haley; [e-mail]
Subject: RE: SW8 020510, Waterford State Stormwater - New Harris Teeter Fuel site
Attachments: Permit.pdf; Plan.pdf; 2008 06 permit 080530.doc
Matt & Harmah,
Thanks, Matt, for sending this. Hannah, it looks like the gas station is on Tract K — Lot 5 and gets 55,539sf of
allocation. as Matt said below. I have attached SW8 06111.6 and a scan of part of the cover page of the plan (we
don't have a full size scanner) showing where the lots are. But, I need to figure out exactly how this will work
because the master table shows that Tract K is owned by Weingarten Nostat, and that lots are leased to the
Various tenants such as the gas station. Leases can work two different ways, and it depends on the lease
agreement.
Leasee gets the permit: This is the way it usually works, and it is the way it worked for Tract K — Lot
2. If the lease says that the leasee is responsible for making sure that the items covered by the permit are
done (such as making sure that the BUA isn't overbuilt and that the drainage pipes are put in place), then
the leasee gets the permit. In this case, you would apply for a new offsite permit for 55,539sf of BUA
draining offsite to SW8 061114. (The SW8 061114 would basically be a master permit which then
drains offsite to SW8 020510.) I looked up the permit for Smithfield's Barbeque, which is on Tract K —
Lot 2. That permit is attached. It is written as an offsite permit to SW8 020510, but I bet the person
writing it didn't realize that SW8 061114 existed. It should have been written to go offsite to SW8
061114. (This is why we are generating the big spreadsheet to keep up with all the permits out there.)
2. Landowner gets the permit: If the lease says that the landowner is responsible for making sure that the
items in the permit get done, then the landowner gets the permit. Since the landowner already has SW8
061114, he would just revise that permit to show the layout of your lot.
In either case, please submit a copy of the applicable portion of the lease agreement when submit your
application so that we have it on file.
[Hannah, you will probably find that SW8 06111.4 is difficult to figure out. Back in 2007 when this was issued
they put all of the data for the master permit's allocation (SW8 020510 in this case) in the offsite permit's text
(in this case SW8 061116). We don't write offsite permits that way anymore because if the master permit gets
changed then. you have to track down the offsites and change them, too. It is a huge pain. DEMLR will have to
fix SW8 061116 eventually once we know the final numbers for SW8 020510.]
[Matt, if SW8 061 14 becomes a master permit with lots draining to it then we will have to track that in the
spreadsheet as it is developed, which adds a level of complexity. Hopefully there aren't any other tracts where
this is the case. I will leave this email on file with the SW8 020510 so we can revisit this.]
Thanks,
Kelly
From: Matt Haley [mailto: matt. [e-mail]]
Sent: Friday, August 21, 2015 9:07 AM
To: [e-mail]: 7ohnson. Kellv
Subject: RE: SW8 020510, Waterford State Stormwater - New Harris Teeter Fuel site

Hannah,
As we just discussed on the phone we are in the process of modifying the overall stormwater permit for the Waterford
of the Carolinas development which includes the Waterford Commercial area and proposed Harris Teeter fuel site.
It appears that the subject HT Fuel site will be located on Tract K — Lot 5. Tract K was permitted as an offsite permit (SW8
061114) to the overall Waterford Stormwater Permit. It should be noted that Cape Fear Engineering did not design the
HT Center or work on getting the initial offsite permit.
I have been unable to find a copy of the SW8 061114 permit to show the specific breakdown of impervious between
Tract K lots. I have included a copy of the most recent overall Waterford Permit Tracking Chart that we have been
working with Kelly to update. Based on this information it looks like Lot 5 may have been allocated 55,539 SF of BLIA but
this will need to be verified.
Please let me know if you have any other questions once you get a chance to review this information.
Thanks,
Matthew T. Haley - 10E, LEER Green Associate
PE FEAR
ENGINEERING
From: Hannah. Barrowftimley-horn.com Finailto:Hannah.Barrow(5)kimley-horn.com]
Sent: Thursday, August 20, 2015 10:07 AM
To: kelly.p.johnson a0ncdenr.gov; Matt Haley
Subject: RE: SW8 020510, Waterford State Stormwater - New Harris Teeter Fuel site
The fuel site is on a separate parcel. I have attached a site plan showing the location of the site.
Thanks,
Hannah
From: Johnson, Kelly[mailto:[e-mail]
Sent: Thursday, August 20, 2015 10:05 AM
To: Barrow, Hannah<[e-mail]>; Matt Haley <[e-mail]>
Subject: SW8 020510, Waterford State Stormwater - New Harris Teeter Fuel site
Hannah,
This area is covered under SW8 020510, and there is a lot going on with that permit. It covers both commercial and
residential, and there are some legal discussions going on between the HOA and the permittee. The overall BUA
accounting is being revised, and that timeframe has been impacted by the legal discussions. Will the Harris Teeter Fuel
site be in the Harris Teeter parking lot, or will be on a separate lot? Matt Haley of Cape Fear Engineering (cc'd) is
working on the BUA accounting.
Matt,
Do you have the latest Waterford BUA spreadsheet? If so, will you email it so that we can assist Hannah in planning the
BUA for her upcoming project?
Thanks,
Kelly

From: Hannah. BarrowCa�kimley-horn.com fmailto: Hannah. Barrow(dkimley-horn.com]
Sent: Thursday, August 20, 2015 9:04 AM
To: Johnson, Kelly
Subject: Leland NC Stormwater Permitting
Kelly,
I have a Harris Teeter Fuel site located at 2012 Olde Waterford Way Leland, NC 28451. During due diligence phase, I had
spoken with Steven Spruil! with the Town of Leland about stormwater permitting. As you can see in the email below, he
said we were covered under a larger stormwater permit through DENR. We are about to start permitting, and I wanted
to touch base with you to see what we need to submit to DENR. Let me know if you have any questions!
Thanks,
Hannah
Hannah Barrow, EIT
Kimley-Horn 1200 South Tryon Street, Suite 200, Charlotte. NC 28202
Direct: 704-954-7460
Please note our new address —we've moved uptown!
From: Steven Spruill[mailto:[e-mail]]
Sent: Monday, February 23, 2015 1:26 PM
To: Barrow, Hannah <[e-mail]>
Subject: Re: Stormwater Questions
This site should be covered under a larger stormwater permit for the entire development. This permit was issued
by NCDENR as it was before the Town had a stormwater Program. I would suggest following up with the
developer as he is the permittee and NCDENR as they issued the permit. Any modifications will have to be
submitted through NCDENR and not the Town.
Let me know if you have any other questions.
Thanks,
On Mon, Feb 23, 2015 at 12:07 PM, <Hannah.Barrow(a,Km1gy-horn.com> wrote:
Steven,
I have a few questions on stormwater for my site. I have attached an aerial of the location of the site. The questions are
listed below. Feel free to email back responses or give me a call to discuss the questions.
Is storm water sewer available?

2. What is the size of drainage pipe?
3. What is the storm pipe design intensity?
4. Does run off from adjacent property run onto this site?
5. Is retention required?
6. Who do we file SWPPP with?
7. What are the water quality design standards for the permanent storm system?
8. Does fuel center require Oil -Grid separator or stormwater management system?
9. What stormwater fee credits are available?
Thanks,
Kimlejs.oHorn
Hannah Barrow
Kimley-Horn 12000 South Blvd, Suite 440, Charlotte, NC 28203
Direct: 704-954-7460
From: Steven Spruill[mailto:[e-mail]]
Sent: Thursday, February 19, 2015 9:29 AM
To: Barrow, Hannah
Subject: Re: Stormwater Design Manual
Our BMP Design Manual is the State's design manual and is available on the DWQ website.
Also, our ordinance is in Chapter 32 which can be found at
htWs://www.municode.com/librarv/nc/leland/codes/code_of ordinances
Also attached is our application and you can use the supplements from the State's website.
Let me know if you have any questions.
Thanks,

On Thu, Feb 19,2015 at 8:49 AM, <[e-mail]> wrote:
Steven,
I'm doing some research for a site my company is developing in Leland, and I was hoping you could send me
the stormwater design manual.
Thanks,
Kimley,I)PIorn
Hannah Barrow
Kimley-Horn 12000 South Blvd., Suite 440. Ch.-:-;6ofte, NC 28203
Direct: 704-954-7460
Steven Spruill
Public Works Director
Town of Leland
www.townofleland.com
I L L1.1.1 C1
c -Al f: "I k.V
Steven Spruill
Public Works Director
Town of Leland
www.townofleland.com

Ifif iT. is

Johnson, Kelly
From: Johnson, Kelly
Sent: Thursday, November 19, 2015 8:16 AM
To: 'Matt Haley; Eric Seidel ([e-mail])
Subject: RE: Waterford, 3 offsite lots (between Smithfields and Corning Credit Union)
Attachments: 2013 04 Letter 061114.docx; 2007 02 permit 061114.doc; 2008 05 req_deed 061114.doc
Thanks Matt.
Eric,
I haven't pulled out the plans on this. I hear that the NOD has been submitted to WiRO, but it hasn't made its way to my
desk yet so I haven't seen that yet either. But, it sounds like your lots are on Tract K (SW8 061114) and that Tract K
drains offsite to Waterford (SW8 020510). Tract K is issued to Weingarten Nostat, Inc (permit and correspondence to
them attached). So, Matt is correct. He isn't working for Weingarten, and he doesn't have any control of what they
want to do with their allocation. If you are going to further subdivide K, then you will need to do a plan revision for SW8
061114 to show that subdivision. Tract K/ SW8 061114 is allocated 1,096,167sf of BUA to drain to SW8 020510 (at least
in the most recent version I have seen). I included all of the details of all of the lots in Tract K in the master permit's .
master table (SW8 020510) years ago mainly as a tracking mechanism to figure out what is going on out there as a whole
because there are so many pieces. But, technically, once SW8 020510 is "fixed" its master table can show Tract K as
having a clump of allocation equal to 1,096,167sf and not show the details of how that is allocated. The details of Tract
K's allocation should be documented in its file, SW8 061114. So, revising Tract K/SW8 061114 will not result in having to
have a Plan Revision to SW8 020510 as long as SW8 061114's total BUA remains equal to the total BUA allocated to it
under SW8 020510. The section in the SW8 020150 master plan's master table showing the details for Tract K will
become the master table for SW8 061114 when you revise SW8 061114.
Hopefully that makes sense. If you have questions please let me know.
KJ
From: Matt Haley [mailto:[e-mail]]
Sent: Wednesday, November 18, 2015 4:47 PM
To: Johnson, Kelly <[e-mail]>; Eric Seidel ([e-mail])
<[e-mail]>
Subject: RE: Waterford, 3 offsite lots (between Smithfields and Corning Credit Union)
Kelly/Eric,
Thank you for keeping me in the loop. However, the subject area is a bit complicated and the Waterford Developer
really does not have any control over the impervious allocation within this area. This area was part of original Tract K
that was sold to and subdivided by Weingarten. Not exactly sure how Weingarten originally set up their offsite permit
but the current master plan in this area shows only two lots (Lot 3 & 4) not three. Is the intention to further subdivide
this are into a third lot% if:so, i would imagine that the Tract K stormwater permit would need to be modified not the
overall Waterford Permit. All of the information shown on the current Overall Waterford Stormwater plans for Tract K is
shown for reference only as the offsite permit should be relied on for specifics.
As far as impervious allocation goes, I cannot see where any additional impervious area would be needed. The total area
of the two lots is 136,634 sf and based on the current impervious tracking spreadsheet there is a total of 111,819 sf of
impervious area allocated to these lots. This results in an impervious coverage of about 82% which is probably more like

90% when you remove the area of the existing stormwater pond. With the setbacks and landscape areas required the
Town of Leland I think it is going to be hard constructing as much impervious area as what
Please let me know if there are any questions or if either of you want to discuss specifics ir more detail.
Thanks,
h4afthew Haley, PE
IIC 1PE FFAR
ENGINEERING
matt.haley(a)capefearengineerinq com
PH: 910.383.1044
151 Poole Road, Ste. 100 1 Belville, NC E 28451
From: Johnson, Kelly[mailto:kelly.p.johnsonCcOncdenr.gov]
Sent: Wednesday, November 18, 2015 3:54 PM
To: Eric Seidel (eseidel(-asepiengineering.com); Matt Haley
Subject: Waterford, 3 offsite lots (between Smithfields and Corning Credit Union)
Matt,
Eric Seidel of SEPI Engineering (cc'd) is working on three parcels between Smithfields and Corning Credit Union. I told
him the scenario going on out there, and that you are working on the final allocation numbers for the permittee. He is
interested in getting "extra" future allocation to his developments (just like Jeff Petroff asked about recently for another
lot out there.)
Eric,
This NOD is due pretty soon, so I do not know if you all will have time to work through getting "extra" BUA in this round
or not. But, either way, the latest draft of the master table that I have is attached. Matt may have a more recent
version.
Kelly
V-eLLU- J0hV SOw
Kelly Johnson
Environmental Engineer
INC Division of Energy, Mineral and Land Resources
Stormwater Permitting
127 Cardinal Drive Extension
Wilmington, INC 28405-3845
Office: 910.796.7331
Fax: [phone]

AL74j"w"
t,Aw�A
'C►iR
North Carolina Department of Environment and Natural Resources
Pat McCrory Donald van der Vaart
Governor Secretary
June 23, 2015
Mr. Bert Exum, President
WDV, Inc
PO Box 1967
Wilmington, NC 28402
Subject: Request for Additional Information and Approval of Delay of Permit Review Per Your Request
Stormwater Project No. SW8 020510
Waterford
Brunswick County
Dear Mr. Exum:
The Wilmington Regional Office received a modified Stormwater Management Permit Application for Waterford on
February 13, 2015. On April 8, 2015 and on June 18, 2015 your attorney, Andrew McVey, requested that the Division
delay review of this application for sixty (60) days and ninety (90) days respectively because approval of the permit
modification prior to obtaining additional information about the existing depths of the ponds and other waterways may
impede resolving a dispute between WDV, Inc. and the Waterford Master Residential Association. The Division has
approved your request. Please submit any revised information necessary to review the application by September 8,
2015.
Please keep in mind that changing one number may change other numbers and require the calculations, supplements, and
other supporting documentation to be updated. Verify all numbers are correct to ensure consistency in the application
documents. Please note that this request for additional information is in response to a preliminary review. The requested
information should be received in this Office prior to September 8, 2015, or the application will be returned as incomplete.
The return of a project will necessitate resubmittal of all required items, including the application fee.
If you need additional time to submit the information, please email or fax your request for a time extension to the Division at
the address and fax number at the bottom of this letter. Please note that a second significant request for additional
information may result in the return of the project. If the project is returned, you will need to reschedule the project through
the Express coordinator for the next available review date, and resubmit all of the required items, including the application
fee. The construction of any impervious surfaces, other than a construction entrance under an approved Sedimentation
Erosion Control Plan, is a violation of NCGS 143-215.1 and is subject to enforcement action pursuant to NCGS 143-
215.6A. If you have any questions concerning this matter please feel free to call me at [phone] or email me at
[e-mail]
rIly John n
E iro ental Engineer
GDS/kpj: G:IWQISharedlStormWaterlPermits & Projects120021020510 HD12015 06 addinfo 020510
cc: Andrew K. McVey, Attorney for WDV, Inc., Murchison, Taylor, and Gibson, PLLC
(via email only, [e-mail])
Samuel Potter, Attorney for Waterford Master Residential Association, Hodges Coke Potter & Phillips LLP
(via email only, [e-mail])
Wilmington Regional Office
Division of Energy, Mineral, and Land Resources
Land Quality Section — Wilmington Regional Office
127 Cardinal Drive Extension, Wilmington, North Carolina 28405 • [phone] / Fax: [phone]

,
Johnson, Kelly
From: Johnson, Kelly
Sent: Tuesday, June 23, 2015 9:30 AM
To: 'Andrew K. McVey
Cc- '[e-mail];'Wes Hodges ([e-mail])'
Subject: RE: Waterford Permit Modification (SW8 020510)
Attachments: Waterford —June 23 2015 Letter.pdf
All,
Georgette approved the extension. Please see attached.
Thanks,
KJ
From: Johnson, Kelly
Sent: Monday, June 22, 2015 11:04 AM
To: 'Andrew K. McVey'; Scott, Georgette
Cc: '[e-mail]; Wes Hodges ([e-mail]); Elizabeth Nelson
([e-mail]); Weaver, Cameron
Subject: RE: Waterford Permit Modification (SW8 020510)
Mr. McVey,
There are two issues at hand; the extension request and the new offsite permit which will be submitted soon:
1. Extension to Current Application: We accepted the current application which is in response to an NOD on
2/20/15. Per your request on 4/8/15 the Division agreed to delay review of the project until 6/8/15, and your
current request is to delay the review of the project until 9/8/15. My supervisor, Georgette Scott, is out of the
office today and she needs to approve the extension. I will discuss this with her and be back in touch.
2. New Offsite Permit to Drain to SW8 020510: Elizabeth Nelson of Cape Fear Engineering contacted me about
Carolina Shores Car Wash which will be applying for an Express offsite permit draining to Waterford. The car
wash will be on Tract 0, Lot 9 which the 7/3/08 permit allocates 63,430sf of impervious area. Her client wants
to apply for a permit for their full 63,430sf of allocation. We received a BUA breakdown with the 2/13/15
application which is dated 1/14/14. (But, I suspect that the 1/14/14 table date on the 2/13/15 application date
is a typo because it does not match the master table I created on that date.) But, this table appears to continue
to allocate 63,430sf of impervious to Tract O Lot 9. So it appears that the car wash can apply for a new offsite
permit to drain to SW8 020510 without being caught up in any issues related to the extension request. If this is
incorrect please let me know.
Thanks,
Kelly
From: Andrew K. McVey[mailto:[e-mail]]
Sent: Friday, June 19, 2015 12:57 PM
To: Johnson, Kelly; Scott, Georgette
Cc: '[e-mail]'; Wes Hodges ([e-mail])
Subject: Waterford Permit Modification
Ms. Scott and Ms. Johnson,
Good afternoon. You will remember that Sam Potter and I were previously in touch with you back in April regarding a
stormwater permit modification request submitted on behalf of the developer at Waterford. You will also recall that

Sam represents the Waterford Master Residential Association ("WMRA") and our firm represent the permittee in
connection with a lawsuit that WMRA commenced.
We believe we have made significant forward progress toward resolving our clients' disputes, but review of the current
application to modify the permit at the present time will likely prove to be a setback to achieving
resolution. Accordingly, we ask that you afford the permittee a further 90 days before reviewing the present
application.
Bert Exum of WDV, Inc. anticipates that there will be additional need to bring one of Waterford's commercial out -
parcels within the purview of the stormwater permit and therefore expects to be submitting a modification request for
that purpose within the proposed 90-day period. Mr. Potter indicates that his client has no objection to the
modification of the permit for this purpose and we therefore ask that your office review that request in due course.
Please do not hesitate to contact me if you need further information.
Regards,
Andy McVey
Andrew K. McVey
16 North Fifth Avenue
Attorney at Law
Wilmington, NC 28401-453/
Phone: [phone] ext. 124
For vCard, click here.
Facsimile: 910-763-6561
[e-mail]
www.murchisontaylor.com
CONFIDENTIALITY NOTICE: The information contained in this message is legally privileged and confidential information intended only for the use of the named
recipient. If the reader of this message is not the intended recipient, you are hereby notified that any review, retransmission, dissemination or other use of, or taking
any action in reliance upon, this message is strictly prohibited. If you have received this e-mail in error, please notify us immediately by return e-mail, delete all copies
of this e-mail from all computers, and destroy any printed copies of this e-mail.
IRS CIRCULAR 230 DISCLOSURE: To ensure compliance with requirements imposed by the Internal Revenue Service (IRS), unless specifically stated otherwise, any tax
advice contained in this communication (including any attachments) was not intended or written to be used, and cannot be used by any taxpayer, for the purpose of
(i) avoiding tax -related penalties that may be imposed on the taxpayer, or (ii) promoting, marketing or recommending to another party any tax -related matter
addressed herein.

Johnson, Kel
Gq"10 N
�/YY5,- `
C-55,0,
5� � APpRw%1
qqWAJ-1 crF -rrr)6,
From: Johnson, Kelly
Sent: Monday, June 22, 2015 11:04 AM
To: 'Andrew K. McVey; Scott, Georgette
Cc: '[e-mail]'; Wes Hodges ([e-mail]); Elizabeth Nelson
([e-mail]); Weaver, Cameron
Subject: RE: Waterford Permit Modification (SW8 020510)
Mr. McVey,
There are two issues at hand; the extension request and the new offsite permit which will be submitted soon:
1. Extension to Current Application: We accepted the current application which is in response to an NOD on
2/20/15. Per your request on 4/8/15 the Division agreed to delay review of the project until 6/8/15, and your
current request is to delay the review of the project until 9/8/15. My supervisor, Georgette Scott, is out of the
office today and she needs to approve the extension. I will discuss this with her and be back in touch.
2. New Offsite Permit to Drain to SW8 020510: Elizabeth Nelson of Cape Fear Engineering contacted me about
Carolina Shores Car Wash which will be applying for an Express offsite permit draining to Waterford. The car
wash will be on Tract 0, Lot 9 which the 7/3/08 permit allocates 63,430sf of impervious area. Her client wants
to apply for a permit for their full 63,430sf of allocation. We received a BUA breakdown with the 2/13/15
application which is dated 1/14/14. (But, I suspect that the 1/14/14 table date on the 2/13/15 application date
is a typo because it does not match the master table I created on that date.) But, this table appears to continue
to allocate 63,430sf of impervious to Tract 0 Lot 9. So it appears that the car wash can apply for a new offsite
permit to drain to SW8 020510 without being caught up in any issues related to the extension request. If this is
incorrect please let me know.
Thanks,
Kelly
From: Andrew K. McVey [mailto:[e-mail]
Sent: Friday, June 19, 2015 12:57 PM
To: Johnson, Kelly; Scott, Georgette
Cc: '[e-mail]'; Wes Hodges ([e-mail])
Subject: Waterford Permit Modification
Ms. Scott and Ms. Johnson,
Good afternoon. You will remember that Sam Potter and I were previously in touch with you back in April regarding a
stormwater permit modification request submitted on behalf of the developer at Waterford. You will also recall that
Sam represents the Waterford Master Residential Association ("WMRA") and our firm represent the permittee in
connection with a lawsuit that WMRA commenced.
We believe we have made significant forward progress toward resolving our clients' disputes, but review of the current
application to modify the permit at the present time will likely prove to be a setback to achieving
resolution. Accordingly, we ask that you afford the permittee a further 90 days before reviewing the present
application.
Bert Exum of WDV, Inc. anticipates that there will be additional need to bring one of Waterford's commercial out -
parcels within the purview of the stormwater permit and therefore expects to be submitting a modification request for
that purpose within the proposed 90-day period. Mr. Potter indicates that his client has no objection to the
modification of the permit for this purpose and we therefore ask that your office review that request in due course.

Please do not hesitate to contact me if you need further information.
Regards,
Andy McVey
(IHISQN ,
Andrew K. McVey
16 North Fifth Avenue
Attorney at Law
Wilmington, NC 28401-4537
Phone: [phone] ext. 124
For vCard, click here.
Facsimile: 910-763-6561
[e-mail]
www.murchisontaylor.com
CONFIDENTIALITY NOTICE: The information contained in this message is legally privileged and confidential information intended only for the use of the named
recipient. If the reader of this message is not the intended recipient, you are hereby notified that any review, retransmission, dissemination or other use of, or taking
any action in -reliance upon, this message is strictly prohibited. If you have received this e-mail in error, please notify us immediately by return e-mail, delete all copies
of this e-mail from all computers, and destroy any printed copies of this e-mail.
IRS CIRCULAR 230 DISCLOSURE: To ensure compliance with requirements imposed by the Internal Revenue Service (IRS), unless specifically stated otherwise, any tax
advice contained in this communication (including any attachments) was not intended or written to be used, and cannot be used by any taxpayer, for the purpose of
(i) avoiding tax -related penalties that may be imposed on the taxpayer, or (ii) promoting, marketing or recommending to another party any tax -related matter
addressed herein.

Johnson, Kelly
From: Johnson, Kelly
Sent: Monday, June 22, 2015 11:04 AM
To: 'Andrew K. McVey; Scott, Georgette
Cc: '[e-mail]'; Wes Hodges ([e-mail]); Elizabeth Nelson
([e-mail]); Weaver, Cameron
Subject: RE: Waterford Permit Modification (SW8 020510)
Mr. McVey,
There are two issues at hand; the extension request and the new offsite permit which will be submitted soon:
1. Extension to Current Application: We accepted the current application which is in response to an NOD on
2/20/15. Per your request on 4/8/15 the Division agreed to delay review of the project until 6/8/15, and your
current request is to delay the review of the project until 9/8/15. My supervisor, Georgette Scott, is out of the
office today and she needs to approve the extension. I will discuss this with her and be back in touch.
2. New Offsite Permit to Drain to SW8 020510: Elizabeth Nelson of Cape Fear Engineering contacted me about
Carolina Shores Car Wash which will be applying for an Express offsite permit draining to Waterford. The car
wash will be on Tract 0, Lot 9 which the 7/3/08 permit allocates 63,430sf of impervious area. Her client wants
to apply for a permit for their full 63,430sf of allocation. We received a BUA breakdown with the 2/13/15
application which is dated 1/14/14. (But, I suspect that the 1/14/14 table date on the 2/13/15 application date
is a typo because it does not match the master table I created on that date.) But, this table appears to continue
to allocate 63,430sf of impervious to Tract 0 Lot 9. So it appears that the car wash can apply for a new offsite
permit to drain to SW8 020510 without being caught up in any issues related to the extension request. If this is
incorrect please let me know.
Thanks,
Kelly
From: Andrew K. McVey[mailto:Amcvey(a)murchisontaylor.com]
Sent: Friday, June 19, 2015 12:57 PM
To: Johnson, Kelly; Scott, Georgette
Cc: '[e-mail]'; Wes Hodges (WHodges hWplaw.com)
Subject: Waterford Permit Modification
Ms. Scott and Ms. Johnson,
Good afternoon. You will remember that Sam Potter and I were previously in touch with you back in April regarding a
stormwater permit modification request submitted on behalf of the developer at Waterford. You will also recall that
Sam represents the Waterford Master Residential Association ("WMRA") and our firm represent the permittee in
connection with a lawsuit that WMRA commenced.
We believe we have made significant forward progress toward resolving our clients' disputes, but review of the current
application to modify the permit at the present time will likely prove to be a setback to achieving
rPsolutinn. Accordingly, we ask that you afford the nermittee a further 90 days before reviewing the present
application.
Bert Exum of WDV, Inc. anticipates that there will be additional need to bring one of Waterford's commercial out -
parcels within the purview of the stormwater permit and therefore expects to be submitting a modification request for
that purpose within the proposed 90-day period. Mr. Potter indicates that his client has no objection to the
modification of the permit for this purpose and we therefore ask that your office review that request in due course.

Please do not hesitate to contact me if you need further information.
Regards,
Andy McVey
MT
�NJA)T OR
G:.
Andrew K. McVey
16 North Fifth Avenue
Attorney at Law
Wilmington, NC 28401-4537
Phone: [phone] ext. 124
For vCard, click here.
Facsimile: 910-763-6561
[e-mail] www.murchisontaylor.com
CONFIDENTIALITY NOTICE: The information contained in this message is legally privileged and confidential information intended only for the use of the named
recipient. If the reader of this message is not the intended recipient, you are hereby notified that any review, retransmission, dissemination or other use of, or taking
any action in reliance upon, this message is strictly prohibited. If you have received this e-mail in error, please notify us immediately by return e-mail, delete all copies
of this e-mail from all computers, and destroy any printed copies of this e-mail.
IRS CIRCULAR 230 DISCLOSURE: To ensure compliance with requirements imposed by the Internal Revenue Service (IRS), unless specifically stated otherwise, any tax
advice contained in this communication (including any attachments) was not intended or written to be used, and cannot be used by any taxpayer, for the purpose of
(i) avoiding tax -related penalties that may be imposed on the taxpayer, or (ii) promoting, marketing or recommending to another party any tax -related matter
addressed herein.

IAJ a oacnI o
Johnson, Kelly
From: Johnson, Kelly
Sent: Friday, June 12, 2015 3:56 PM
To: '[e-mail]; '[e-mail]'
Subject: FW: raised planter in Waterford
Attachments: Carrara1.jpg; Carrara2.jpg; Carrara3.jpg; Carrara4.jpg; Carrara5.jpg; Carrara6.jpg;
Carrara7.jpg
Mr. & Ms. Carrara,
As we discussed on the phone, the State requires stormwater structures to be located in easements so that their ability
to function is preserved. Water has to be able to drain to the appropriate place and the systems have to be able to be
maintained. This appears to be a disagreement between you and your HOA (and the developer because he is still the
stormwater permittee). I am not sure that it is appropriate to get involved with that because the underlying question is
whether or not the retaining wall/raised planter is impeding the purpose of the drainage easement. That is a subjective
question, and it generally turns into a legal one. I have copied my supervisor, Georgette Scott, in case she has anything
to add to this discussion.
Thanks,
Kelly
From: Joyce Carrara fmailto:[e-mail]]
Sent: Friday, June 12, 2015 3:17 PM
To: Johnson, Kelly
Cc: Richard Carrara
Subject: raised planter in Waterford
Kelly — thank you for taking the time to review the attached 7 pictures taken yesterday.
We begin with the common area adjacent to our property located at 1001 River Bay Ct., Leland.
You will see erosion existing along Woodwind Drive on a slope much less steep than what was occurring at the far corner
of our property.
Unfortunately, we did not think to take pictures of how badly this area had become.
You will then see that the raised planter has been doing it's job; small sections have been regenerated and we expect full
recovery within a very short period of time.
Within these 7 pictures I have written captions and lines identifying the purpose of our labors.
We realize you will be gone next week; your opinion is of considerable value to us and would appreciate you or your
designee to get back to us either via email,
cell phone at 703-222-7311, or letter.
Joyce
910-228-5482
cell 703-346-4500
1001 River Bay Court
icarrara 6RSolutions.net
1

NCDENR.
North Carolina Department of Environment and Natural Resources
Pat McCrory Donald van der Vaart
Governor Secretary
April 10, 2015
Mr. Bert Exum, President
WDV, Inc
PO Box 1967
Wilmington, NC 2845-1 a 5' y O
Subject: Request for Additional Information and Approval of Delay of Permit Review Per Your Request
Stormwater Project No. SW8 020510
Waterford
Brunswick County
Dear Mr. Exum:
The Wilmington Regional Office received a modified Stormwater Management Permit Application for Waterford on
February 13, 2015. On April 8, 2015 your attorney, Andrew McVey, requested that the Division delay review of this
application for sixty (60) days because approval of the permit modification prior to obtaining additional information about
the existing depths of the ponds and other waterways may impede resolving a dispute between WDV, Inc. and the
Waterford Master Residential Association. The Division has approved your request. Please submit any revised
information necessary to review the application by June 8, 2015.
Please keep in mind that changing one number may change other numbers and require the calculations, supplements, and
other supporting documentation to be updated. Verify all numbers are correct to ensure consistency in the application .
documents. Please note that this request for additional information is in response to a preliminary review. The requested
information should be received in this Office prior to June 8, 2015, or the application will be returned as incomplete. The
return of a project will necessitate resubmittal of all required items, including the application fee.
If you need additional time to submit the information, please email or fax your request for a time extension to the Division at
the address and fax number at the bottom of this letter. Please note that a second significant request for additional
information may result in the return of the project. If the project is returned, you will need to reschedule the project through
the Express coordinator for the next available review date, and resubmit all of the required items, including the application
fee. The construction of any impervious surfaces, other than a construction entrance under an approved Sedimentation
Erosion Control Plan, is a violation of NCGS 143-215.1 and is subject to enforcement action pursuant to NCGS 143-
215.6A. If you have any questions concerning this matter please feel free to call me at [phone] or email me at
[e-mail]
& Projects120021020510 HD12015 04 addinfo 020510
cc: Andrew K. McVey, Attorney for WDV, Inc., Murchison, Taylor, and Gibson, PLLC
(via email only, [e-mail])
Samuel Potter, Attorney for Waterford Master Residential. Association, Hodges Coxe Potter & Phillips LLP
(via email only, sam@hcppiaw. com)
Wilmington Regional Office
Division of Energy, Mineral, and Land Resources
Land Quality Section — Wilmington Regional Office
127 Cardinal Drive Extension, Wilmington, North Carolina 28405 - [phone] / Fax: [phone]

Johnson, Kelly
(1
From:
Andrew K. McVey <[e-mail]>
Sent:
Wednesday, April 08, 2015 4:11 PM
To:
Johnson, Kelly; Samuel Potter
Cc:
Wes Hodges; Scott, Georgette; Bert Exum
Subject:
RE: Waterford Permit Modification
Ms. Scott and Ms. Johnson,
Following up the exchange of emails between Ms. Johnson and Sam Potter, this will confirm on behalf of Bert
Exum. (copied on this email) that the permittee requests that the application not be reviewed for 60 days. We
are mindful that your office has a mandate to process permit applications in a timely manner and do not take
that responsibility lightly. However, because the Waterford Master Residential Association regards approval of
the permit modification (prior to obtaining additional information about such matters as the existing depths of
the ponds and other waterways) as a potential impediment to resolution of the parties' disputes, we respectfully
ask that your office stand down on the application until June 7.
We appreciate that property owners may have a concern about the maximum impervious surface area for any
particular lot. That information is available on a spreadsheet maintained by the developer's engineers at Cape
Fear Engineering. We are happy to make that available to your office or, if you would prefer, to have ,rotor
office re -direct inquiring property owners to the en2ineerin2 firm or to the Waterford Master Residential
review committee, which oversees property owner compliance with BUA restrictions.
Regards,
Andy McVey
_... NiURCT11S-0 ,'1.4,YL R
Andrew K. McVey 16 North Fifth Avenue
Attorney at Law Wilmington, NC 28401-4537
Phone: [phone] ext. 124
For vCard, click here. Facsimile: 910-763-6561
amcvevCmurchisontavlor.com www.murchisontaylor.com
T�(aa,c � lt„ce
W`'box-
I )
CONFIDENTIALITY NOTICE: The information contained in this message is legally privileged and confidential information intended only for the use of the named
recipient. If the reader of this message is not the intended recipient, you are hereby notified that any review, retransmission, dissemination or other use of, or taking
any action in reliance upon, this message is strictly prohibited. If you have received this a -mar! in error, please notify us immediately by return e-mail, delete all copies
of this e-mail from all computers, and destroy any printed copies of this e-mail.
IRS CIRCULAR 230 DISCLOSURE: To ensure compliance with requirements imposed by the Internal Revenue Service (IRS), unless specifically stated otherwise, any tax
advice contained in this communication (including any attachments) was not intended or written to be used, and cannot be used by any taxpayer, for the purpose of
(i) avoiding tax -related penalties that may be imposed on the taxpayer, or (ii) promoting, marketing or recommending to another party any tax -related matter
addressed herein.
From: Johnson, Kelly [mailto:[e-mail]]
Sent: Wednesday, April 08, 2015 10:38 AM

To: Andrew K. McVey; Samuel Potter
Cc: Wes Hodges; Scott, Georgette
Subject: RE: Waterford Permit Modification
All,
The NOD issued on 12/4/14 was issued to get the permit to match the "as -built" and "as -planned" subdivision
configuration and its associated impervious allocation per lot, to get the deed restrictions to match the subdivision
configuration/impervious per lot, to get the PE Certifications, and to have maintenance done per the O&M agreement. I
understand that the HOA has concerns with the system which primarily deal with sediment accumulation in the ponds,
and we certainly want to ensure that everyone's needs are met. But, we also want to ensure that the other issues in the
NOD are addressed. For instance, there may be lots that are being sold without the correct recorded deed restrictions.
also had a call on 3/18/15 from a resident of the subdivision who is confused about what his BUA per lot is, and I was
unable to give him a good answer pending the approval of the current modification application. It was frustrating for
him, and rightly so. It is important for the Division to be able to explain impervious area per lot requirements to
members of the public.
We received a permit modification package and NOD response letter for this project on 2/13/15. 1 have not yet
reviewed this information due to other workload constraints. If the permittee's President, Mr, Bert Exum of WDV, Inc.,
would like to request that his application not be reviewed for 60 days (until 6/7/15) please have him request that in
writing to Georgette Scott either by an email or a letter explaining why he needs this extension.
Thanks,
Kelly
From: Andrew K. McVey[mailto:AmcvevC&murchisontaylor.coml
Sent: Tuesday, April 07, 2015 2:30 PM
To: Samuel Potter; Johnson, Kelly
Cc: Wes Hodges
Subject: RE: Waterford Permit Modification
Just to clarify, our position is that WDV, Inc., and not Mr. Exum is the permittee. Otherwise, I'm in general agreement
with what Sam said below.
Andrew K. McVey
16 North Fifth Avenue
Attorney at Law
Wilmington, NC 29401-4537
Phone: [phone] ext. 124
For vCard, click here.
Facsimile: 910-763-6561
[e-mail]
www.murchisontaylor.com
CONFIDENTIALITY NOTICE: The information contained in this message is legally privileged and confidential information intended only for the use of the named
recipient. If the reader of this message is not the intended recipient, you are hereby notified that any review, retransmission, dissemination or other use of, or taking
any action in reliance upon, this message is strictly prohibited. If you have received this e-mail in error, please notify us immediately by return e-mail, delete all copies
of this e-mail from all computers, and destroy any printed copies of this e-mail.
IRS CIRCULAR 230 DISCLOSURE: To ensure compliance with requirements imposed by the Internal Revenue Service (IRS), unless specifically stated otherwise, any tax
advice contained in this communication (including any attachments) was not intended or written to be used, and cannot be used by any taxpayer, for the purpose of

(i) avoiding. tax -related penalties that may be imposed on the taxpayer, or (ii) promoting, marketing or recommending to another party any tax -related matter
addressed herein.
From: Samuel Potter rmailto:sam(dhcpplaw.coml
Sent: Tuesday, April 07, 2015 2:27 PM
To: kelly.p.johnsonCa�ncdenr.gov
Cc: Wes Hodges; Andrew K. McVey
Subject: Waterford Permit Modification
Kelly,
I hope you are well, and I know you are busy. I left you a voicemail this morning, but thought email might be
easier.
By way of background, WDV, Inc. and Robert Exum are the permitees for the storm water permit at the
Waterford development in Brunswick County. Our firm represents the Waterford Master Residential
Association ("WMRA"), which is the residential owners' association. WMRA recently filed a lawsuit against
WDV and Mr. Exum regarding WDV and Mr. Exum's attempted modification of the storm water permit for
Waterford. Part of the basis for the lawsuit is that modifying the storm water permit violates WDV's obligations
to WMRA.
This morning, we met with Mr. Exum and his attorney, Andy McVey (copied on this email). We made a lot of
progress, and hope that our issues can be resolved in the near future. To give us time resolve these issues, we
agreed to put a hold on our lawsuit, if Mr. Exum and WDV put a hold on the pending permit modification.
Thus, my question to you is: can you/DENR put a hold on approving or rejecting WDV and Mr. Exum's
requested permit modification for sixty (60) days from now? If noi, are there other options to holding the
permit open, and not modifying the permit, until such time as WDV and Mr. Exum request otherwise?
Again, our goal is hold -off on modifying the storm water permit for up to sixty (60) days
Please let me know your thoughts, and if you have any questions.
Regards,
Sam Potter
Samuel B. Potter
Hodges Coxe Potter & Phillips, LLP
232 Causeway Drive, Suite lA
Wrightsville Beach, NC 28480
Phone: [phone]
Cell: [phone]
Fax: [phone]
Confidentiality Notice:
This message is being sent by or on behalf of a lawyer. It is intended exclusively for the individual or entity to
which it is addressed. This communication may contain information that is proprietary, privileged
or confidential or otherwise legally exempt from disclosure. If you are
not the named addressee, you are not authorized to read, print, retain, copy or

disseminate this message or any part of it. If you have received this
message in error, please notify the sender immediately by e-mail and delete all copies of the message.

SW8 020510 - Waterford Comm. 1Ph2 Impervious Summary-1/14/14 j-
Permit Lot # BUAi Lot # of Of1site Facility Name Offsite � s Area
Number** (or BUA Type) (sf) Lots Permit Dat %,d
'ermit)
'
Tract A
- Roads - - - - __ -
- Sidewalk/Parking - - - - -
Impervious Area
Proposed
(Per Ofiisfte Permit)
s�
Impervious Area
(Per SM 020510)
(sf)
232,896
222,437
10,459
-
Future
-
-
-
-
-
p
Tract B
1,085,116
-
Roads
-
-
-
-
-
244,322
-
Sidewalk/Parking
-
-
-
-
-
24,394
-
Future
-
-
-
-
-
0
-
161 Lots
-
-
-
816,400
-
1-44
3,600
44
-
-
-
-
-
46-88
5,800
43
-
-
-
-
-
89R
11,600
1
-
-
-
-
-
91-102
5,800
12
-
-
-
-
-
103-130
1 5,800
28
-
-
-
-
-
131-163
1 5, 000
33
-
-
-
Tract C
466,261
-
Roads
-
-
-
-
-
117,612
-
Sidewalk/Parking
-
-
-
-
-
3,049
-
Future
-
-
-
-
-
0�
-
196 Lots
1 3,600
96
-
-
-
345,600
Tract D
154,184
-
Buildings (Amenity, etc)
-
-
-
-
-
5,663
-
Sidewalk/Parking
-
-
-
-
79,715
-
Other
-
-
-
-
-
58,806
- lFuture
-
-
-
-
-
10,000
ract E all future BUA)
653,400
Tract F
139,896
SW8 040105
Lot 1
64,613
1
Assisted Care Headquarters at Waterford
3/10/2004
64,613
54,569
64,613
-
Lot 2
27,019
1
Current Owner: Exum Holding, LLC
Status: Undeveloped, Permit Needed Before Construction
-
?
27,019
SW8 130406
Lot 3
29,029
1
Current Owner: Exum Holding, LLC
Status: Constructed, Permit Required (Requested on 4/17/13)
-
?
29,029
-
Lot 4
1 19,2351
IStatus:
Current Owner: Exum Holding, LLC
Undeveloped, Permit Needed Before Construction
?
19,235
Tract G
822,E
-
Roads
-
-
-
-
-
207,346
-
Future
-
-
-
-
-
-
137 Lots
-
_
_
_
___ -
615,300
-1
1-41
5,250
41
-
-FEB
1 J
ZU15-
-
42-104
3,600
63-
-
105-117
5,250
13-
11BRA 20R
5,250
3
-
-
-
-
-
122-136
5,250
15
-
-
-
-
-I
137R-138R
5,2501
2
-
-
-
-
Tract H
389,994
-
Roads
- -
-
-
-
77,101
Page 1 of 5

SW8 020510 - Waterford Comm. Ph2 Impervious Summary-1/14/14
Permit
Number**
Lot #
(or BUA Type)
BUA/ Lot
(sf)
# of
Lots
Offsite Facility Name
Offsite
Permit Date
Deed Rest
Book / Page
knpervious Area
Allocated
(Per Offsite Permit)
Impervious Area
Proposed
(Per Offsite Permit)
Impervious Area
(Per SW8 020510)
(sf)
-
Sidewalk/Parking
-
-
-
-
-
893
-
Future
-
-
-
-
-
0
-
52 Lots
1 6,0001
52
_ _
-
-
-
312,000
Tract I
437,405
-
Roads
-
-
-
-
-
103,673
-
Sidewalk/Parking
-
-
-
-
-
3,732
-
Future
-
-
-
-
-
0
-
41 Lots
-
-
-
-
-
330,000
-
1-9
8,000
9
-
-
10
1 10,000
1
_
-
11-41
1 8,000
31
-
-
-
-
�*.
FEB 13 2015
Page 2 of 5

SW8 020510 - Waterford Comm. Ph2 Impervious Summary-1/14/14
Permit
Number"*
Lot #
(or BUA Type)
BUAI Lot
(sf)
# of
Lots
Clffsite Facility Name
Clffsite
Permit Date
Deed Rest
Book / Page
Impervious Area
Allocated
(Per Ofisrte Permlo
s
Impervious Area
Proposed
(Per Of he Permit)
hnpervious Area
(Per SM 020610)
(sf)
Tract J
1,302,284
-
Roads
-
-
-
-
-
311,839
-
Sidewalk/Parking
-
-
-
-
-
1,845
-
Future
-
-
_
-
Q
-
178 Lots
-
-
-
-
-
988,600
-
1-4
5,800
4
-
-
-
-
-
5-12
6,500
8
-
12A
6,500
1
-
13-37
6,500
25
-
38-44
5,800
7
-
-
-
_
-
45-48
6,500
4
-
49-100
3,800
52
-
101-102
5,800
2
-
103-104
6,500
2
-
105
5,800
1
-
106-113
6,500
8
-
114
5,800
1
-
115-117
6,500
3
-
118-121
5,800
4
-
122-128
6,500
7
-
-
-
-
_
-
129-147
5,800
19
-
148-175
6,500
28
-
176-177
5,800
2
Tract K
1,096,167
SW8 061114
Lot K1
753,152
1
Waterford Commercial Development (a 6-Lot Subdivision + Hams Teeter)
Current Owner: Weingarten Nostat, Inc.
2/26/2007
1,075,751
753,152
SW8 061114*
Lot 1
1
Waterford Commercial Development, Tract K1 (Lotl)
Leased to Wells Fargo Bank
Current Owner: Weingarten Nostat, Inc.
55,539
TBD
SW8 080530
Lot 2
1
Smithfields Waterford
6/20/2008
54,799
39,364
TBD
-
Lot 3
1
Current Owner: Weingarten Nostat Inc.
Status: Undeveloped, Permit Needed Before Construction
55,169
TBD
-
Lot 4
1
Current Owner: Weingarten Nostat Inc.
Status: Undeveloped, Permit Needed Before Construction
56,650
TBD
-
Lot 5
1
Current Owner: Weingarten Nostat Inc.
Status: Undeveloped, Permit Needed Before Construction
55,539
TBD
SW8 061114*
Lot 6 I
I
1
Waterford Commercial Development, Tract K1 (Lot6)
Leased to Harris Teeter
Current Owner: Weingarten Nostat, Inc.
I
370,845i
a
I
TBD
-
Lot K3
291,61911
Modification Needed: Combined into single lot, Lot 7. (Harris Teeter,
Mikes, Dentist, etc)
Current Owner: Weingarten Nostat, Inc.
Status: Undeveloped, Permit Needed Before Construction
-
?
291,619
-
Lot K4
51,396
1 liersey
-
0y:
2
51,396
Tract L
1,560,223
- Roads 1
-
-
-
-
-
385,070
ugv. J V 1 -7

SW8 020510 - Waterford Comm. 1Ph2 Impervious Summary-1/14/14
Permit
Number"
Lot #
(or BUA Type)
BUA/ Lot
(sf)
of
Lots
Offsite Facility Nerve
Offsite
Permit Data
Deed Rest.
Book / Page
Imperviaus Area
AIfocated
(Per Offsife Permit)
Impervious Area
Proposed
(Per Of de Permit]
knpervioos Area
(PerSM 020510
(sf)
-
Sidewalk/Parking
-
-
-
-
-
61,855
-
Future
-
-
-
-
-
-
-
-
143,748
-
Townhomes
-
-
-
177 Lots
-
-
-
-
-
969,550
-
1-134
6,000
134
-
-
-
_
-
135-177
3,850
43
-
-
-
_
Tract M
191,722
-
Roads
-
-
-
-
_
10,058
-
Lot 14R
191,722
1
Current Owner: Exum Holdings, LLC
Status: Undeveloped, Permit Needed Before Construction
-
-
181,664
Tract N (all future
BUA)
419,047
-
Lot 1
419,0471
Current Owner: Exum Holdings, LLC
Status: Undeveloped, Permit Needed Before Construction
(Note: Likely to Be Subdivided (Modification Required)
-
-
FEB 13 2015 :
Page 4 of 5

SW8 020510 - Waterford Comm. Ph2 Impervious Summary-1/14/14
Permit
Lot #
BUA/ Lot
# of
Offsite Facility Name
offsite
Deed Rest
Impervious Area
Impervious Area
impervious Area
Number*
(or BUA Type)
(sf)
Lots
Permit Date
Book / Page
Allocated
Proposed
(Per SW8 020510)
(Per Offshe Permit)
(Per Offsite Permit)
(sf)
s
Tract O
1,023,086
-
Roads
-
-
-
-
-
66,536
-
Future
-
-
-
-
-
123,651
-
6 Lots
-
-
-
832,899
SW8 080602
Lot 8
35,789
1
Coming Federal Credit Union
6/17/2013
B3418/
35,789
35,789
35,789
Current Owner: Corning Federal Credit Union
P0529
Status: Permit Pending
Lot 9
63,430
1
Curent Owner: Exum Holdings, LLC
-
-
TBD
Status: Undeveloped, Permit Needed Before Construction
SW8 130407
Lot 10
58,217
1
Goodwill
7/2/2013
B2971/ P099
44,390
44,390
58,217
Current Owner: Goodwill Community Foundation, Inc.
(Additional 13,827sf
(Additional 13,827sf
Status: Constructed, Permit Required (Requested on 4/17/13)
future in permit)
future in permit)
-
Lot 11
44,084
1
Curent Owner: Exum Holdings, LLC
-
-
TBD
Status: Undeveloped, Permit Needed Before Construction
Lot 12
577,309
1
Curent Owner: Exum Holdings, LLC
-
-
TBD
Status: Undeveloped, Permit Needed Before Construction
-
Lot 13
54,070
1
Unknown.
-
-
TBD
*This lot is retained by the owner, Wiengarten Nostat, inc and is leased to another entity as shown.
** There is at least one residential offsite permit, SW8 030710 that needs to be included in this master table.
Total:
9,974,327
Page 5 of 5

SW8 020510 - Waterford Comm. Ph2 Imnervious Summary - i/1411a
Permit
Number"
Lot #
(or BUA Type)
BUA/ Lot
(sf)
# of
Lots
OfFsite Facility Name
Offsrte
Permit Date
Deed Rest.
Book / Page
Impervious Area
Allocated
(Per Ofthe Permit)
s
Impervious Area
Proposed
(Per Offsite Permit)
s
Impervious Area
(Per S10" OW510)
(sf)
Tract A
232,896
-
Roads
-
-
-
-
-
222,437
-
Sidewalk/Parking
-
-
-
-
-
10,459
-
Future
-
-
-
_
_
0
Tract B
1,086,116
-
Roads
-
-
-
_
_
244,322
-
Sidewalk/Parking
-
-
-
-
-
24,394
-
Future
-
-
-
_
-
0
-
161 Lots
-
-
-
816,400
-
1-44
3,600
44
-
-
-
_
-
46-88
5,800
43
-
-
-
_
-
89R
11,600
1
-
-
-
_
-
91-102
5,800
12
-
-
-
_
-
103-130
5,800
28
-
131-163
5,000
33
Tract C
466,261
-
Roads
-
-
-
-
-
117,612
-
Sidewalk/Parking
-
-
-
-
-
3,049
-
Future
-
-
-
_
_
0
-
96 Lots
3,600
96
-
-
345,600
Tract D
154,184
-
Buildings (Amenity, etc)
-
-
-
-
-
5,663
-
Sidewalk/Parking
-
-
-
-
-
79,715
-
Other
-
-
-
_
_
58,806
-
Future
-
-
-
-
-
10,000
Tract E (all future BUA)
653,400
Tract F
139,896
SW8 040105
Lot 1
64,613
1
Assisted Care Headquarters at Waterford
3/10/2004
64,613
54,569
64,613
-
Lot 2
27,019
1
Current Owner: Exum Holding, LLC
Status: Undeveloped, Permit Needed Before Construction
-
?
27,019
SW8 130406
Lot 3
29,029
1
Current Owner: Exum Holding, LLC
Status: Constructed, Permit Required (Requested on 4/17/13)
-
?
29,029
-
Lot 4
19,235
-1
[Current Owner: Exum Holding, LLC
Status: Undeveloped, Permit Needed Before Construction
?
19,235
Tract G
822,646
-
Roads
-
-
-
-
-
207,346
-
Future
-
-
-
_
_
0
-
137 Lots
-
-
5,250
41
-
42-104
3,600
63
-
105-117
5,250
13
-
-
r
tuw
_
-
118R-120R
5,250
3
-
122-136
5,250
15
-
137R-138R 1
5,250
2
-
- I
-
_
Tract H
389,994
-
Roads - -
-
-
-
77,101
Page 1 of 5

SW8 020510 - Waterford Comm. Ph2 Impervious Summary-1/14/14
Permit
Number"
Lot #
(or BUA Type)
BUA/ Lot
(sf)
# of
Lots
Clffsite Facility Name
Ciffsite
Permit Date
Deed Rest.
Book / Page
Impervious Area
Allocated
(Per Offslte Permit)
s
Impervious Area
Proposed
(Per Offsft Permit)
s
lirnpervious Area
(Per SW8 020510)
(sf)
-
Sidewalk/Parking
-
-
-
-
-
893
-
Future
-
-
-
-
-
0
-
52 Lots
1 6,0001
521
312,000
Tract 1
437,403
-
Roads
-
-
-
-
-
103,673
-
Sidewalk/Parking
-
-
-
-
-
3,732
-
Future
-
-
-
-
-
0
-
41 Lots
-
-
-
-
-
330,000
-
1-9
8,000
9
-
-
10
1 10,0001
1
_
-
11-41
1 8,0001
31
-
-
-
-
FEB 13 2015
BY:
Page 2 of 5

SW8 020510 - Waterford Comm. Ph2 Impervious Summary-1/14/14
Permit
Number"
Lot #
(or BUA Type)
BUAI Lot
(sf)
# of
Lots
Offsite Facrlity Marne
Offsite
Permit Date
Deed Rest.
Book / Page
Impervious Area
Allocated
(Per Oft ft Permit)
s
knpervious Area
Proposed
(Per oflsde Permit!
knpervious Area
(Per SW8 020510)
(sf)
Tract J
1,302,284
-
Roads
-
-
-
-
-
-
-
-
311,839
1,845
-
Sidewalk/Parking
-
-
-
Future
-
-
-
-
-
0
-
178 Lots
-
-
-
-
988,600
-
1-4
5,800
4
-
-
-
_
-
5-12
6,500
8
-
-
-
_
-
12A
6,500
1
-
13-37
6,500
25
-
38-44
5,800
7
-
-
-
-r
-
45-48
6,500
4
-
49-100
3,800
52
-
101-102
5,800
2
-
-
-
_
-
103-104
6,500
2
-
-
-
_
-
105
5,800
1
-
106-113
6,500
8
-
114
5,800
1
-
115-117
6,500
3
-
118-121
5,800
4
-
122-128
6,500
7
-
-
-
_
-
129-147
5,800
19
-
148-175
6,500
28
-
176-177
5,800
2
-
-
-
_
Tract K
1,096,167
SW8 061114
Lot K1
753,152
1
Waterford Commercial Development (a 6-Lot Subdivision + Harris Teeter)
Current Owner: Weingarten Nostat, Inc.
2/26/2007
1,075,751
753,152
SW8 061114*
Lot 1
1
Waterford Commercial Development, Tract K1 (Lotl)
Leased to Wells Fargo Bank
Current Owner: Weingarten Nostat, Inc.
55,539
TBD
SW8 080530
Lot 2
1
Smithfields Waterford
6/20/2008
54,799
39,364
TBD
-
Lot 3
1
Current Owner: Weingarten Nostat Inc.
Status: Undeveloped, Permit Needed Before Construction
55,169
TBD
-
Lot 4
1
Current Owner: Weingarten Nostat Inc.
Status: Undeveloped, Permit Needed Before Construction
56,650
TBD
r
-
Lot 5
1
Current Owner: Weingarten Nostat Inc.
Status: Undeveloped, Permit Needed Before Construction
55,539
TBD
SW8 061114*
Lot 6
I
1 I
Waterford Commercial Development, Tract K1 (Lot6)
Leased to Harris Teeter
Current Owner: Weingarten Nostat, Inc.
I
I tea:
370,8451
i
TBD
-
Lot K3
291,619
1
Modification Needed: Combined into single lot, Lot 7. (Harris Teeter,
Jersey Mikes, Dentist, etc)
Current Owner: Weingarten Nostat, Inc.
Status: Undeveloped, Permit Needed Before Construction
-
3 ZQ
, ?
291,619
-
Lot K4
51,396
1
-
?
-
51,396
Tract L
1,560,223
-
Roads
-
-
-
-
385, 070
rarc 0 V1 a

SW8 020510 - Waterford Comm. Ph2 Imoervious Summary-1/14/14
Permit
Number**
Lot #
(or BUA Type)
BUA/ Lot
(sf)
# of
Lots
Offsite Facility Name
Offsft
Permit Date
Deed Rest
Book / Page
Impervious Area
Allocated
(Per Offsite Permit)
s
knpervkms Area
Proposed
(Per Offsife Permit}
Impervious Area
(Per SW8 020510
)
A
-
Sidewalk/Parking
-
-
-
-
-
61,855
-
Future
-
-
-
-
-
-
-
0
143,748
-
Townhomes
-
-
-
177 Lots
-
-
-
-
969,550
-
1-134
6,000
134
-
-
-
-
135-177
3,850
43
-
-
-
Tract M
191,722
-
Roads
-
-
-
-
-
10,058
-
Lot 14R
191,722
1
Current Owner: Exum Holdings, LLC
Status: Undeveloped, Permit Needed Before Construction
-
-
181,664
Tract N (all future BUA)
419,047
-
Lot 1
419,0471
Current Owner: Exum Holdings, LLC
Status: Undeveloped, Permit Needed Before Construction
(Note: Likely to Be Subdivided (Modfcation Required)
-
-
BY:
FEB 13 ZUb
Page 4 of 5

SW8 020510 - Waterford Comm. Ph2 Impervious Summary-1/14/14
Permit
Lot #
BUA/ Lot
# of
Offsite Facility Name
Offsite
Deed Rest
Impervious Area
Impervious Area
Impervious Area
Number'"
(or BUA Type)
(sf)
Lots
Permit Date
Book / Page
Allocated
Proposed
(PerSW8 020510)
(Per Offsite Permit)
(Per Offsite Permit)
(sf)
s(sfl
Tract O
1,023,086
-
Roads
-
-
-
-
-
66,536
-
Future
-
-
-
-
-
123,651
-
6 Lots
-
-
-
-
-
83289
SW8 080602
Lot 8
35,789
1
Corning Federal Credit Union
6/17/2013
B3418/
35,7891
35,789
35,789
Current Owner. Corning Federal Credit Union
P0529
Status: Permit Pending
-
Lot 9
63,430
1
Curent Owner: Exum Holdings, LLC
-
-
TBD
Status: Undeveloped, Permit Needed Before Construction
SW8 130407
Lot 10
58,217
1
Goodwill
7/2/2013
B2971/ P099
44,390
44,390
58,217
Current Owner: Goodwill Community Foundation, Inc.
(Additional 13,827sf
(Additional 13,827sf
Status: Constructed, Permit Required (Requested on 4/17/13)
future in permit)
future in permit)
-
Lot 11
44,084
1
Curent Owner: Exum Holdings, LLC
-
-
TBD
Status: Undeveloped, Permit Needed Before Construction
Lot 12
577,309
1
Curent Owner: Exum Holdings, LLC
-
-
TBD
Status: Undeveloped, Permit Needed Before Construction
-
Lot 13
i 54,070
1
Unknown.
-
-
TBD
*This lot is retained by the owner, Wiengarten Nostat, inc and is leased to another entity as shown.
** There is at least one residential offsite permit, SW8 030710 that needs to be included in this master table.
Total: 9,974,327
FEB 13 2015
Page 5 of 5

Johnson, Kelly
From:
Samuel Potter <[e-mail]>
Sent:
Monday, January 25, 2016 12:43 PM
To:
Johnson, Kelly
Cc:
Wes Hodges
Subject:
Waterford Clubhouse
Kelly,
I am sorry to send this email, but my folks are at their wits end. As you know, WDV, Inc. and Bert Exum are
the permit holders for the Waterford Subdivision in Leland. We have been locked in litigation with Mr. Exum
since last spring. We are very close to settling our dispute, but keep hitting road blocks. I will not go into any
detail regarding those roadblocks, other than to say that our perspective is that Mr. Exum is attempting to
renegotiate the original deal we made back in October.
t'
The above said, I believe you know that the Waterford residential homeowners' association is renovating and
expanding its clubhouse. Originally, the extra impervious square footage was to be covered by the overall
permit modification submitted by Mr. Exum. However, due to his delay, the permit has not been modified and
the clubhouse project cannot proceed.
The civil engineer assisting the Waterford residential homeowners' association has suggested a "biopit" as a
potential remedy for the lack of available impervious square footage. However, we have heard through that
NCDENRwould rather consider the wholesale modification of the permit, in line with WDV and Mr. Exum's
submilsion. While the approval of the permit modification would address the impervious square footage issue,
we are concerned that the process will drag on and cause serious damage to Waterford.
My question to you is: is there anyway the residential association can get a storm water permit that allow the
clubhouse project to move forward, with the biopit as the remedy?
The residential association really needs the clubhouse project to move forward. Their contractor is threatening
to charge for delays and we believe Mr. Exum may be dragging his feet on purpose.
My client, its engineer and I am available to meet with you, or anyone else at NCDENR, to discuss this issue. I
look forward to hearing from you.
Regards,
Sam Pbtter
Samuel B. Potter
Hodges Coxe Potter & Phillips, LLP
3907-100 Wrightsville Avenue
Wilmington, NC 28403
Phone: [phone]
Cell: [phone]
Fax: [phone]
www.hgpplaw.com

Confidentiality Notice:
This message is being sent by or on behalf of a lawyer. It is intended exclusively for the individual or entity to
which it is addressed. This communication may contain information that is proprietary, privileged
or confidential or otherwise legally exempt from disclosure. If you are
not the named addressee, you are not authorized to read, print, retain, copy or
disseminate this message or any part of it. If you have received this
message in error, please notify the sender immediately by e-mail and delete all copies of the message.

-wA
NCD84R
North Carolina Department of Environment and Natural Resources
Pat McCrory
Governor
December 4, 2014
Mr. Bert Exum, President
WDV, Inc.
PO Box 1967
Wilmington, NC 28402
Subject: NOTICE OF DEFICIENCY
NOD 2014-PC-0223
Waterford Phase II
Stormwater Permit No. SW8 020510
Brunswick County
Dear Mr. Exum:
John E. Skvada, 1.11
Secretary
On December 3, 2014, Kelly Johnson of the Wilmington Regional Office of the Division of Energy, Mineral and Land
Resources (DEMLR) inspected the subject project to determine compliance with Stormwater Management Permit Number
SW8 020510 issued most recently on July 3, 2008. DEMLR file review and site inspection revealed that the site is not in
compliance with the terms and conditions of this permit. Please find a copy of the completed form entitled "Compliance
Inspection Report" attached to this letter, which summarizes the findings of the recent inspection. A summary of the
deficiencies is also provided below.
Please inform this Office in writing before January 5, 2014, of the specific actions that will be undertaken and the time
frame including a specific date by which the deficiencies will be corrected. Failure to provide the requested information, or
to respond to this letter by the due date, may initiate enforcement action including the assessment of civil penalties of up to
$25,000 per day. If a written plan of action is not submitted to this office by January 5, 2014 then DEMLR staff will re-
inspect the site and issue a Notice of Violation if the listed deficiencies have not been addressed.
Recent History:
1. July 3, 2008: The most recent permit was issued.
2. March 13, 2013: A Notice of Inspection was mailed asking you to submit a Plan of Action for providing PE
Certifications, a modification package to reflect the current subdivision of the property, and recorded deed
restrictions matching the permit requirements. The letter also discussed that commercial lot owners within the
subdivision are required to obtain offsite permits (per Section II(12)0) of your permit), and that the appropriate
documentation of those lots in this master permit is necessary for that to happen.
3. April 12, 2013: The Division received your Plan of Action. It said that survey work would take a few months, and
that the PE Certifications, the modification package, and deed restrictions would be forthcoming. The Plan of
Action did not contain a date specifying when those items would be submitted.
Division of Energy, Mineral, and Land Resources
Land Quality Section — Wilmington Regional Office
127 Cardinal Drive Extension, Wilmington, North Carolina 28405 • [phone] / Fax: [phone]

SW8 020510
December 4, 2014
4. April 17, 2013: The Division mailed a letter consisting to two components:
a. Request for Additional Information, SW8 020510: The letter provided an updated Master Table
summarizing known information about the subdivided lots in Waterford Phase II, and established a
response date for the Plan of Action as June 17, 2013. The items referenced by the Plan of Action have
not been received.
b. Notification to the known commercial lot owners without permits: The letter informed these lot owners
that WCV, Inc. would be modifying SW8 020510, and that offsite lot owners would need to obtain offsite
permits in accordance with the requirements of SW8 020510.
5. January 14; 2014: The Division mailed you an updated Master Table after the HOA notified us that there were
additional offsite lots that were not included. The letter requested that you include them in your Plan of Action
response.
6. November/December 2014: The Division was contacted by the HOA and its lawyer, Sam Potter, regarding
maintenance concerns.
7. December 3, 2014: The Division inspected Waterford Phase II and found that maintenance is necessary as
discussed below.
The following deficiencies must be resolved as cross-referenced in the specified permit sections:
1. Modification to Approved Plans [Section II(4)]: Please modify the permit to reflect the current subdivision as
discussed in the previous correspondence summarized above. The most recent Master Table is included. It is
dated January 14, 2014, and contains the most recent data the Division is aware of. Please revise this table as
necessary, and re -submit it with your modification package so that it can be used to simplify tracking this data in
the future.
2. PE Certification [Section 11(9)]: Please submit certifications for all of the ponds.
3. Deed Restrictions [Section II(13)]: Please submit a copy of the recorded deed restrictions. Please ensure that
the permit modification reflects the recorded data.
4. Maintenance [Section 11(16)]: Please ensure that all ponds are maintained per their Operation and Maintenance
agreements which reference the Pond Schedule on Sheet SW -A of the permitted plans. In particular, the HOA
reports that excessive sediment has accumulated in the ponds. Please submit maintenance records showing that
the pond sediment has not accumulated above the permitted levels, and/or that the ponds have been cleaned out
and the sediment level has been corrected to be within permitted specifications.
Please be reminded that if an ownership change, or a name change or a mailing address change has occurred, it is your
responsibilityto submit a completed and signed Name/Ownership Change form to the Division. Please include the name,
mailing address and phone number of the party who is now responsible for this permit.
Page 2 of 3

SW8 020510
December 4, 2014
If you have any questions, please contact Kelly Johnson in the Wilmington Regional Office at [phone] or
[e-mail].
Sincerely,
Georgette Scott
State Stormwater Supervisor
enc: Compliance Inspection Report, December 3, 2014
Notice of Inspection Letter, March 13, 2013
Plan of Action, April 12, 2013
Request for Additional Information Letter, April 17, 2013
Follow Up Letter, January 14, 2014
Master Table, January 14, 2014
GDS/kpj: %StormwateVermits & Projects120021020510 HD1201412 NOD 020510
cc: Georgette Scott, Wilmington Regional Office Stormwater Supervisor
Sam Potter, Waterford HOA Attorney
232 Causeway Dr. Suite 1A, Wrightsville Beach, NC 28480
WiRO Stormwater File
Page 3 of 3

Compliance Inspection Report
Permit:
SW8020510 Effective:07103/08
Project:
Waterford Phase II
Owner:
WDV Inc
County:
Brunswick
Region:
Wilmington
Expiration: 02/15/21
Adress: Int Hwy 17 S And Olde Waterford Way
City/State/Zip: Leland NC 28451
Contact Person: Bert Exum Title: President Phone: [phone]
Directions to Project:
Follow Hwy. 17 south out of Wilmington, past Hwy. 74176 overpass right onto Olde Waterford Way to site.
Type of Project: State Stormwater - HD - Detention Pond
Drain Areas: 1 -(Sturgeon Creek) (03-06-17) ( C;Sw)
On -Site Representative(s):
Related Permits:
SW8080602 Corning Federal Credit Union - Corning Credit Union at Waterford Commercial
SW8150801 Carolina Shores Properties LLC - Carolina Shores Carwash
SW8130407 Goodwill Community Foundation -Goodwill Community Foundation Lot 10 Wate
Inspection Date: 01/25/2016 Entry Time: 01:OOPM Exit Time: 02:OOPM
Primary Inspector: Kelly Johnson Phone: [phone]
Secondary Inspector(s):
Reason for Inspection: Follow-up
Permit Inspection Type: State Stormwater
Facility Status: ❑ Compliant Not Compliant
Question Areas:
® State Stormwater
(See attachment summary)
Inspection Type: Compliance Evaluation
G
page: 1

Permit: SW8020510 Owner - Project: WDV Inc
Inspection Date: 01/2512016 Inspection Type Compliance Evaluation Reason for visit: Follow-up
File Review Yes No NA NE
Is the permit active? 0❑ ❑ ❑
Signed copy of the Engineer's certification is in the file? ❑ ❑ ❑
Signed copy of the Operation & Maintenance Agreement is in the file? ❑ ❑ ❑
Copy of the recorded deed restrictions is in the file? ❑ N ❑ ❑
Comment: File Review Only: Follow up to the 12/3/14 inspection
-Certification is needed
-Deed restrictions are needed
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? 0❑ ❑ ❑
Comment: Certification is needed to verity
SW Measures Yes No NA NE
Are the SW measures constructed as per the approved plans? N ❑ ❑ ❑
Are the inlets located per the approved plans? 0 ❑ ❑ ❑
Are the outlet structures located per the approved plans? 0❑ ❑ ❑
Comment: Certification is needed to verify
Operation and Maintenance Yes No NA NE
Are the SW measures being maintained and operated as per the permit requirements? ❑ E ❑ ❑
Are the SW BMP inspection and maintenance records complete and available for review or provided to ❑ ❑ ❑
DWQ upon request?
Comment: The HOA has reported maintenance issues related to sediment
Other Permit Conditions Yes No NA NE
Is the site compliant with other conditions of the permit? ❑ N ❑ ❑
Comment: A modification is needed to correct inconsistencies between the permitted plan's subdivision layout and
the layout that has been built.
page: 2

Johnson, Kelly
From: Johnson, Kelly
Sent: Thursday, November 19, 2015 11:59 AM
To: 'Andrew K. McVey'; '[e-mail]; '[e-mail]'
Cc: Georgette Scott; Matt Haley
Subject: FW: Waterford Permit Modification (SW8 020510)
Attachments: 2015 06 addinfo 021510.docx; 2014 12 CEI—NOD 020510.docx; 2015 04 addinfo
020510.docx
Andrew, Sam and Wes,
What is the status with Waterford? I have been trying to work with you all on this, but the NOD was issued almost a
year ago on 12/5/14. The deadline has been extended several times and the current submittal from 2/13/15 was put on
hold per your request. You have explained that the reason for putting the package on hold was that the outcome of
your discussions would impact the submittal package. I am not sure what the extent of those impacts on the 2/13/15
application will be. But, this needs to reach resolution. I am just letting you know that I will be issuing an NOV for this
project as soon as I find time to write it up. If you have reached a resolution, please submit a package responding to the
12/5/14 NOD as soon as possible.
Thanks,
Kelly
From: Johnson, Kelly
Sent: Monday, September 14, 201512:56 PM
To:'Matt Haley' <[e-mail]>
Cc: Scott, Georgette <[e-mail]>
Subject: RE: Waterford Permit Modification (SW8 020510)
Matt,
Yes. But, if anything has been updated either due to their negotiations or if there have been new offsites since it came
in in February then that will need to go on the master table. (I do not know if that has been the case or not. The one I
am thinking of is that new fuel station that we talked about recently. There may also have been a car wash.)
Thanks,
Kelly
From: Matt Haley fmailto:[e-mail]
Sent: Monday, September 14, 2015 12:52 PM
To: Johnson, Kelly <[e-mail]>
Cc: Scott, Georgette <[e-mail]>
Subject: RE: Waterford Permit Modification (SW8 020510)
Kelly — Thank you for all your help on this one. I will pass along to our client.
I do want to clarify one thing to make sure we are all on the same page.
As far as I am aware the submittal package from February is still at NCDENR and the review has been on hold pending
the legal issues getting worked out between developer and HOA. Right now we are not expecting the need to submit
anything else, but hope to get the issues resolved, and give you the go ahead to review the package as submitted. Is this
your understanding as well? .
1

Matthew T. Haley - PE, LEED Green Associate
CAPE FEAR
ENGINEERING
From: Johnson, Kelly [mailto:kelly.p.johnsonOncdenr.gov]
Sent: Monday, September 14, 2015 i2:48 PM
To: Matt Haley
Cc: Scott, Georgette
Subject: RE: Waterford Permit Modification (SW8 020510)
Matt,
I talked to Georgette about this one, and we will extend the project due date again until 11/15/15. But, the due date
will not be extended again if the project is not ready to be submitted on that date. Please encourage the entities
involved to work through their legal differences over the next two months so that the NOD can be resolved.
Thanks,
Kelly
From: Matt Haley [mailto:[e-mail]]
Sent: Monday, September 14, 2015 10:12 AM
To: Johnson, Kelly <[e-mail]>
Subject: RE: Waterford Permit Modification (SW8 020510)
I just talked to Bert and he think that everything should be sorted out by early November. Is it possible to set a new
extension date of November 15tn7
Thanks,
Matthew T. Haley - PE, LEED Green Associate
CAPE FEAR
ENGINEERING
From: Johnson, Kelly [mailto:kelly.p.johnsonOncdenr.gov]
Sent: Friday, September 11, 2015 12:58 PM
To: Matt Haley
Subject: RE: Waterford Permit Modification (SW8 020510)
Matt,
Georgette has to approve these types of extensions (it was submitted on 2/25/15). What submittal date do you need to
extend to?
Thanks,
Kelly
From: Matt Haley [mailto:[e-mail]]
Sent: Friday, September 11, 2015 10:49 AM

To: Johnson, Kelly <[e-mail]>
Subject: RE: Waterford Permit Modification (SW8 020510)
Kelly,
I just talked to Bert and he is supposed to meet with Sam Potter on September 22"l or 23`d and will hopefully get
resolution on the outstanding issues with the HOA. Bert has asked that you keep this project in your que until after this
meeting.
Thanks,
I iat hevv T. Haley - PE, L ED Green Associate
CAPE FEAR
ENGINEERING
From: Johnson, Kelly[mailto:kelly.p.johnson(ancdenr.gov]
Sent: Thursday, September 10, 2015 3:55 PM
To: Matt Haley
Subject: FW: Waterford Permit Modification (SW8 020510)
Matt,
Any idea what is going on with this? I haven't heard back from them, but I had scheduled it to be reviewed this
week. Since that isn't likely at this point, I need to figure out where else it can fit with the crazy number of Express
projects coming in. (It is so hard to keep all of these on a schedule!)
Thanks,
KJ
From: Johnson, Kelly
Sent: Wednesday, September 09, 201512:08 PM
To: 'Andrew K. McVey' <[e-mail]>; Samuel Potter ([e-mail]) <[e-mail]>;
Wes Hodges ([e-mail]) <[e-mail]>
Cc: Matt Haley <[e-mail]>
Subject: FW: Waterford Permit Modification (SW8 020510)
All,
I am just checking on the status of this. Has this been submitted? It hasn't reached my desk yet.
Thanks,
Kelly
From: Johnson, Kelly
Sent: Tuesday; June 23, 2015 9:30 AM
To:'Andrew K. McVey' <[e-mail]>
Cc:'[e-mail]' <[e-mail]>;'Wes Hodges ([e-mail])' <[e-mail]>
Subject: RE: Waterford Permit Modification (SW8 020510)
AII.

Georgette approved the extension. Please see attached.
Thanks,
K.i
From: Johnson, Kelly
Sent: Monday, June 22, 2015 11:04 AM
To: 'Andrew K. McVey'; Scott, Georgette
Cc: '[e-mail]'; Wes Hodges (WHodges(&hcpolaw.com); Elizabeth Nelson
(elizabeth.nelson0capefearengineering.com); Weaver, Cameron
Subject: RE: Waterford Permit Modification (SW8 020510)
Mr, McVey,
There are two issues at hand; the extension request and the new offsite permit which will be submitted soon:
1. Extension to Current Application: We accepted the current application which is in response to an NOD on
2/20/15. Per your request on 4/8/15 the Division agreed to delay review of the project until 6/8/15, and your
current request is to delay the review of the project until 9/8/15. My supervisor, Georgette Scott, is out of the
office today and she needs to approve the extension. I will discuss this with her and be back in touch.
2. New Of site Permit to Drain to SW8 020510: Elizabeth Nelson of Cape Fear Engineering contacted me about
Carolina Shores Car Wash which will be applying for an Express offsite permit draining to Waterford. The car
wash will be on Tract 0, Lot 9 which the 7/3/08 permit allocates 63,430sf of impervious area. Her client wants
to apply for a permit for their full 63,430sf of allocation. We received a BUA breakdown with the 2/13/15
application which is dated 1/14/14. (But, I suspect that the 1/14/14 table date on the 2/13/15 application date
is a typo because it does not match the master table I created on that date.) But, this table appears to continue
to allocate 63,430sf of impervious to Tract 0 Lot 9. So it appears that the car wash can apply for a new offsite
permit to drain to SW8 020510 without being caught up in any issues related to the extension request. If this is
incorrect please let me know.
Thanks,
Kelly
From: Andrew K. McVey[mailto:[e-mail]]
Sent: Friday, June 19, 2015 12:57 PM
To: Johnson, Kelly; Scott, Georgette
Cc: '[e-mail]'; Wes Hodges (WHodges(&hcpplaw.com)
Subject: Waterford Permit Modification
Ms. Scott and Ms. Johnson,
Good afternoon. You will remember that Sam Potter and I were previously in touch with you back in April regarding a
stormwater permit modification request submitted on behalf of the developer at Waterford. You will also recall that
Sam represents the Waterford Master Residential Association ("WMRA") and our firm represent the permittee in
connection with a lawsuit that WMRA commenced.
We believe we have made significant forward progress toward resolving our clients' disputes, but review of the current
application to modify the permit at the present time will likely prove to be a setback to achieving
resolution. Accordingly, we ask that you afford the permittee a further 90 days before reviewing the present
application.
Bert Exum of WDV, Inc. anticipates that there will be additional need to bring one of Waterford's commercial out -
parcels within the purview of the stormwater permit and therefore expects to be submitting a modification request for

thaf purpose within the proposed 90-day period. Mr. Potter indicates that his client has no objection to the
modification of the permit for this purpose and we therefore ask that your office review that request in due course.
Please do not hesitate to contact me if you need further information.
Regards,
Andy McVey
Mt.IR.C1 IISONJ' )1.011
Andrew K. McVey
16 North Fifth Avenue
Attorney at Law
Wilmington, NC 28401-4537
Phone: [phone] ext. 124
For vCard, click here.
Facsimile: 910-763-6561
[e-mail] www.murchisontaylor.com
CONFIDENTIALITY NOTICE: The information contained in this message is legally privileged and confidential information intended only for the use of the named recipient.
If the reader of this message is not the intended recipient, you are hereby notified that any review, retransmission, dissemination or other use of, or taking any action
in reliance upon, this message is strictly prohibited. If you have received this e-mail in error, please notify us immediately by return e-mail, delete all copies of this e-
mail from all computers, and destroy any printed copies of this e-mail.
IRS CIRCULAR 230 DISCLOSURE: To ensure compliance with requirements imposed by the Internal Revenue Service (IRS), unless specifically stated otherwise, any tax
advice contained in this communication (including any attachments) was not intended or written to be used, and cannot be used by any taxpayer, for the purpose of
(i) avoiding tax -related penalties that may be imposed on the taxpayer, or (ii) promoting, marketing or recommending to another party anytax-related matter addressed
herein.

Johnson, Kelly
From: Samuel Potter [[e-mail]
Sent: Thursday, December 18, 2014 5:03 AM
To: Johnson, Kelly
Subject: Waterford Concerns
Kelly,
Thank you for the call yesterday. I understand you are meeting with representatives of Cape Fear En€
(CFE), the Engineers for WDV, Inc. and Robert Exum. My client sent me the following, regarding their Y
concerns. We hope that these issues can be addressed directly with CFE, as we have had very little success
communicating with the developer directly. Again, thank you.
The outflow for the pond behind Harris Teeter in the commercial area (to the right of Olde Waterford Way) has been
submerged with water for days after rains starting before Thanksgiving.
The docks at the pond to the left of Palm Ridge Road (at the backyards of house on Garden Club Drive) were submerged
for days from the week before Thanksgiving and the outlet pipes appear to be totally covered in silt. Last week the
water finally receded to below the frames of the docks.
The dam between the pond to the right of Palm Ridge Road and Wind Lake Way and the pond around Wind Lake Way
was underwater during Thanksgiving week.
The silt level at the entry of commercial drainage to the pond behind 1002 Swell Court is creating an island.
No Gate Valves or Recirculation pumps per the original CFE plan narrative (except for valves at emergency overflow from
Osprey Lake and Sun Skipper Court.)
The ponds in commercial area do not appear to have any maintenance performed on them.
We have not received AS -BUILT plans of the Storm Water system to have a basis for understanding compliance.
Also the Stormwater Retention Systems were evaluated by the Transition Study of 2010 that excerpted portion is
included below:
9.4 Stormwater Retention
Systems
Description Pond,
riser, and emergency outlet numbers, as discussed in this report, are as per
the storm water management plan, dated September 2006.
Interconnected ponds and channels run throughout the property to form
the storm water retention system. There are fourteen interconnected
waterways with two emergency outlet structures that control the water
level on the overall system. Various types and sizes of drain pipes connect
the ponds. In general, the interconnecting pipes are installed at near zero
slopes. There arc two docks at Lake Osprey.
Catch
basins in the streets throughout the neighborhood collect the surface runoff
and conduct it into the ponds.

Evaluation We
evaluated the water depth at each of the ponds based on the water level
compared to the riser level as specified in the water management plans.
The water depth at Pond 8 from Pedestrian Bridge 13, back to Lake
Osprey, and down to Pine Harvest Drive, indicates that sediment removal
is currently required to establish pond bottom elevations in compliance
with approved plans. Ponds 2 and 3 are also in need of sediment removal
based on their water depths. All of these have excessive plants and
pondweed that should be removed.
The
other 60% of the water bodies are not silted full and/or relatively clean of
pondweed. The water depth is within the design parameters.
Overall, the water levels on all the ponds are above the designed values.
However, we do not believe that the retention system's water storage
capacity is compromised.
We did
not find any discrepancies between the visible outfall systems and the
plans. Measuring the exact slope of every pipe is beyond the Scope of
Service. We compared pond water levels to pipe inverts throughout the
site and found that all outfall systems and interconnecting pipes to be in
reasonable accord with the plans.
The
Itemized Worksheet in Appendix B includes amounts to replace the
irrigation pumps.
The
docks at Lake Osprey are in good condition.
-28-
Compliance The
water retention system does not comply with the design plans available for
review. We found the following deviations.
1. Emergency Outlet 1 is located in Lake Osprey and
Emergency Outlet #2 is beside Bridge #14 at Pond #8.
Based on our observations, these outlets are not, but should
be, at the same elevation. Water is flowing through Outlet
#1 only, and must rise a foot higher to find Outlet #2. The
emergency storm water plan shows Emergency Outlets 1
and 2 at the same elevation. We do not know if Outlet #1
is adequate by itself.
2. There is no recirculation pump between Ponds 8
and i 0. The current water transfer system is by gravity
only from Pond 10 to Pond 8. As is, Pond 8 is flooded a
foot higher than designed. The missing pump was intended
to maintain a lower water level in Pond 8.
3. Riser #1 on Pond 10 is not constructed to
specifications. The plans show a metal pipe outlet with a
drain valve at its base. The existing structure is masonry

and concrete and lacks a drain valve. Therefore, there is no
way to drain the pond for maintenance.
Determining the ramifications of these deviations is beyond the scope of
this study. Perhaps the designing engineer can help clarify the issues. The
transition corrections list, in Appendix A, includes an item to investigate
the above deficiencies and determine if additional work is needed to allow
proper operation of the pond systems.
Samuel B. Potter
Potter & Phillips, LLP
232 Causeway Drive, Suite lA
Wrightsville Beach, NC 28480
Phone: [phone]
Cell: {910) 547-8699
Fax: [phone]
Confidentiality Notice:
This message is being sent by or on behalf of a lawyer. It is intended exclusively for the individual or entity to
which it is addressed. This communication may contain information that is proprietary, privileged
or confidential or otherwise legally exempt from disclosure. If you are
not the named addressee, you are not authorized to read, print, retain, copy or
disseminate this message or any part of it. If you have received this
message in error, please notify the sender immediately by e-mail and delete all copies of the message.

DEhILR USE ONLY
f Date R9ceivW
Fee Paid
Permit Number
Applicable Rides:
(select all that apply)
❑ Coastal SW -1995 ❑ Coastal SW - 2008 ❑ Ph Il - Post Construction
❑ Non -Coastal SW- HQW/ORW Waters ❑ Universal Stormwater Management Plan
❑ Other WQ Mgmt Plan:
State of North Carolina
Department of Environment and Natural Resources
Division of Energy, Mineral and Land Resources
STORMWATER MANAGEMENT PERMIT APPLICATION FORM
nis form may be photocopied for use as an original
L GENERAL INFORMATION
1. Project Name (subdivision, facility, or establishment name - should be consistent with project name on plans,
specifications, letters, operation and maintenance agreements, etc.):
Waterford
2. Location of Project (street address):
Intersection of US HWY 17 South and Olde Waterford Way
City:Leland County:Brunswick Zip:28451
3. Directions to project (from nearest major intersection):
Follow US HWY 17 south out of Wilco on past HWY 74/76 overpass Turn Right on to Olde Waterford
Way to enter prK*q site.
4. Latitude:34° 13' 45" N Longitude:780 1' 15" W of the main entrance to the project:.
H. PERMIT INFORMATION:
1. a. Specify whether project is (check one): ❑New ®Modification ❑ Renewal w/ Modificationt
tRenewals with modifications also requires SWU 102 - Renewal Application Form
b. If this application is being submitted as the result of a modification to an existing permit, list the existing
permit numberSW8 020510 , its issue date (if known)Tuly 3, 2008 , and the status of
construction: ❑Not Started ❑Partially Completed* ❑ Completed* 'provide a designer's certification
2. Specify the type of project (check one):
[]Low Density ®High Density ❑Drains to an Offsite Stormwater System ❑Other
3. If this application is being submitted as the result of a previously returned application or a letter from
DEMLR requesting a state stormwater management permit application, list the stormwater project number,
if assigned,
proposed, _
and the previous name of the project, if different than currently ,
4. a. Additional Project Requirements (check applicable blanks; information on required state peiFnM cWbe 14
obtained by contacting the Customer Service Center at 1-877-623-6748):
❑CAMA Major ®Sedimentation/Erosion Control: ac of Disturbed Area
❑NPDES Industrial Stormwater 0404/401 Permit: Proposed Impacts
b.If any of these permits have already been acquired please provide the Project Name, Project/Permit Number,
issue date and the type of each permit:
5. Is the project located within 5 miles of a public airport? NNo ❑Yes
If yes, see S.L. 2012-200, Part VI: http://portal.ncdenr.org/webtir/rules-and-regulations
Form SWU-101 Version Oct 31, 2013 Pagel of 6

M. CONTACT INFORMATION
1. a. Print Applicant / Signing Official's name and title (specifically the developer, property owner, lessee,
designated government official, individual, etc. who owns the project):
Applicant/Organization:WDV, INC
Signing Official & Title:Bert Exam, President
b. Contact information for person listed in item 1a above:
Street Address:l'O Box 1967
City: Wilmineton State:NC Zip:28451
Mailing Address (if applicable):same as above
City: State: Zip:
Phone: (910 ) 540-9716 Fax: ( )
Email:bertexum®aol.com
c. Please check the appropriate box. The applicant listed above is:
® The property owner (Skip to Contact Information, item 3a)
❑ Lessee* (Attach a copy of the lease agreement and complete Contact Information, item 2a and 2b below)
❑ Purchaser* (Attach a copy of the pending sales agreement and complete Contact Information, item 2a and
2b below)
❑ Developer* (Complete Contact Information, item 2a and 2b below.)
2. a. Print Property Owner's name and title below, if you are the lessee, purchaser or developer. (This is the
person who owns the property that the project is located on):
Property Owner/Organization:
Signing Official & Title:
b. Contact information for person listed in item 2a above:
Street Address:
City: State: Zip:
Mailing Address (if applicable):
City:
Phone:
Email:
State: Zip:
Fax: ( )
3. a. (Optional) Print the name and title of another contact such as the project's construction supervisor or other
person who can answer questions about the project:
Other Contact Person/ Organization:
Signing Official &
b. Contact information for person listed in item 3a above:
Mailing Address:
City:
State: Zip:
Phone: ) Fax: ( )
Email:
4. Local jurisdiction for building permits: Town of Leland
Point of Contact Phone #:
Form SWU-101 Version Oct. 31, 2013 Page 2 of 6

M. PROJECT INFORMATION
1. In the space provided below, briefly summarize how the stormwater runoff will be treated.
All stormwater runoff will be conveyed to a non-discharge/amenity Rond system.
2. a. If claiming vested rights, identify the supporting documents provided and the date they were approved:
❑ Approval of a Site Specific Development Ilan or PUD Approval Date:
❑ Valid Building Permit Issued Date:
Other: Date:
b. L claiming vested rights, identify the regulation(s) the project has beer. designed in accordance with:
® Coastal SW -1995 ❑ Ph Il - Post Construction
3. Stormwater runoff from this project drains to the Cave Fear River basin.
4. Total Property Area: 580.0 acres 5. Total Coastal Wetlands Area: 0 acres
6. Total Surface Water Area: 0 acres
7. Total Property Area (4) - Total Coastal Wetlands Area (5) - Total Surface Wafter Area (6) = Total Project
Area+: 589-9- UW A, acres V C-4M V.4-� W Ia711(a
+ Total project area shall be calculated to exclude the following: the normal pool of impounded structures, the area
between the banks of streams and rivers, the area below the Normal Hzizh Water (NHM line or Mean High Water
(MHM line, and coastal wetlands landward from the NHW (or MHM line. The resultant project area is used to
calculate overall percent built upon area (B ). Non -coastal wetlands landward of the NHW (or MHM line may
be included in the total project area.
8. Project percent of impervious area: (Total Impervious Area / Total Project Area) X 100 = 39.08 %
9. How many drainage areas does the project have?1(For high density, count 1 for each proposed engineered
stormwater BMP. For low density and other projects, use 1 for the whole property area)
10. Complete the following information for each drainage area identified in Project Information item 9. If there
are more than four drainage areas in the project, attach an additional sheet with the information for each area
provided in the same format as below.
Basin Information
Dramiage Area 1
Drainage Area
Drainage Area_
Drama Area _
Receiving Stream Name
Sturgeon Creek
/ Jackey's
Creek
Stream Class *
C;Sw
Stream Index Number *
18-74-52 &
18-77-3
Total Drainage Area (sf)
25,269,353
On -site Drainage Area (sf)
0
Off -site Drainage Area (sf)
25,269,353
Proposed Impervious Area
9,874,356
% Impervious Area total
39.08
Impervious- Surface Area
Drainage'. Area 1 '
'Dramage Area _
Drains . Area _
Drainage Area
On -site Buildings/Lots (sf)
4,383,113
On -site Streets (sf)
1,745,994
On -site Parking (sf)
"incl. w/ streets"
On -site Sidewalks (sf)
193,602
Other on -site (sf)
Future (sf)
3,551,646
"incl. in other"
Off -site (sf)
"incl. in other"
Existing BUA*** (sf)
0
Total (sf):
't 9,874,356
* Stream Class and Index Number can be determined at: httpaortal.ncdenr.or weWq&s/csu/classi cations
A'71 Pk cH 1'nexn (1 vb Vra NtM t+ 51f xw 5
Form SWU-101 Version Oct 31, 2013 Page 3 of 6 n1I$'14J35"S ,�,�� k �� t a AtAb
V- Awovtn W l �-1 1 a�0

" Imppervious area is defined as the built upon area including, but not limited to, buildings, roads, parking areas,
sidewalks, gravel areas, etc.
'Report only that amount of existing BL1A that will remain after development. Do not report any existing BLIA that
is to be removed and which will be replaced by new Bi1A.
11. How was the off -site impervious area listed above determined? Provide documentation. N/A
Proiects in Union County: Contact DEMLR Central Offlce staff to check if the project is located within a Threatened &
Endangered Species watershed that maybe subject to more stringent stormwater requirements as per I5A NCAC 02B.0600.
V. SUPPLEMENT AND O&M FORMS
The applicable state stormwater management permit supplement and operation and maintenance (0- W) forms
must be submitted for each BMP specified for this project. The latest versions of the forms can be downloaded
fromhttp://lportaLncdenr.or-a/web/wci/ws/su/bmlD-manual.
VI. SUBMITTAL REQUIREMENTS
Only complete application packages will be accepted and reviewed by the Division of Energy, Mineral and
Land Resources (DEMLR). A complete package includes all of the items listed below. A detailed application
instruction sheet and BMP checklists are available from
hft://RortaLncdenr.org/web/wq/ws/su/statesw/forms docs. The complete application package should be
submitted to the appropriate DEMLR Office. (The appropriate office may be found by locating project on the
interactive online map athttp://portal.ncdenr.org/web/wq/ws/su/maps.)
Please indicate that the following required information have been provided by initia]ing in the space provided
for each item. All original documents MUST be signed and initialed in blue ink. Download the latest versions
for each submitted application package from http:/ /portal.ncdenr.org/web/wq/ws/su/statesw/forms docs.
Initials
1. Original and one copy of the Stormwater Management Permit Application Form. Pt.CJ
2. Original and one copy of the signed and notarized Deed Restrictions & Protective Covenants PC--b
Form. (if required as per Part VII below)
3. Original of the applicable Supplement Form(s) (sealed, signed and dated) and O&M NO A +�
agreement(s) for each BMP. (Na
4. Permit application processing fee of $505 payable to NCDENR. (For an Express review, refer to P6t7
hft://www.enyhel-P.org/pA&e—s/one"g:3press.html for information on the Express program
and the associated fees. Contact the appropriate regional office Express Permit Coordinator for
additional information and to schedule the required application meeting.)
5. A detailed narrative (one to two pages) describing the stormwater treatment/managementfor Tr T:�
the project. This is required in addition to the brief summary provided in the Project
Information, item 1.
6. A USGS map identifying the site location. If the receiving stream is reported as class SA or the N I A
receiving stream drains to class SA waters wif1 in Y2 mile of the site boundary, include the Y2
mile radius on the map.
7. Sealed, signed and dated calculations (one copy). N
8. Two sets of plans folded to 8.5" x 14" (sealed, signed, &.dated), including: P GO
a. Development/Project name.
b. Engineer and firm.
c. Location map with named streets and NCSR numbers.
d. Legend.
e. North arrow.
f. Scale.
g. Revision number and dates.
1-
It. Identify all surface waters on the plans by delineating the normal pool elevation of
impounded structures, the banks of streams and rivers, the MHW or NT-FW! line of tidal
waters, and any coastal wetlands landward of the MHW or NHW lines.
• Delineate the vegetated buffer landward from the normal pool elevation of impounded
structures, the banks of streams or rivers, and the MHW (or NHW) of tidal waters.
i. Dimensioned property/project boundary with bearings & distances.
j. Site Layout with all BUA identified and dimensioned.
k. Existing contours, proposed contours, spot elevations, finished floor elevations.
1. Details of roads, drainage features, collection systems, and stormwater control measures.
Form SWU-101 Version Oct. 31, 2013 Page 4 of 6

in.. Wetlands delineated, or a note on the plans that none exist. (Must be delineated by a
qualified person. Provide documentation of qualifications and identify the person who
made the determination on the plans.
n. Existing drainage (including off -site), drainage easements, pipe sizes, runoff calculations.
o. Drainage areas delineated (included in the main set of plans, not as a separate document).
p. Vegetated buffers (where required).
Copy of any applicable soils report with the associated SHWT elevations (Please identify N 14
elevations in addition to depths) as well as a map of the boring locations with the existing
elevations and boring logs. Include an 8.5"xll" copy of the NRCS County Sails map with the
project area clearly delineated. For projects with infiltration l3MPs, the report should also
include the soil type, expected infiltration rate, and the method of determining the infiltration rate.
(Infiltration Devices submitted to WiRO. Schedule a site visit for DEMLR to verify the SHUNT prior
to submittal, [phone].)
10. A copy of the most current property deed. Deed book: Page No: N !"I
11. For corporations and limited liability corporations (LLC): Provide documentation from the NC N6_
Secretary of State or other official documentation, which supports the titles and positions held
by the persons listed in Contact Information, item la, 2a, and/or 3a per 15A NCAC 2H.1003(e).
The corporation or LLC must be listed as an active corporation in good standing with the NC
Secretary of State, otherwise the application will be returned.
hn://www.segetM.state.nc.us/CMorations/CSearch.aspx
VII. DEED RESTRICTIONS AND PROTECTIVE COVENANT'S
For all subdivisions, outparcels, and future development, the appropriate property restrictions and protective
covenants are required to be recorded prior to the sale of any lot If lot sizes vary significantly or the proposed
BUA allocations vary, a table listing each lot number, lot size, and the allowable built -upon area must be provided
as an attachment to the completed and notarized deed restriction form The appropriate deed restrictions and
protective covenants forms can be downloaded from http://portal.ncdenr.org/web/Ir/state-stormwater-
forms does. Download the latest versions for each submittal.
In the instances where the applicant is different than the property owner, it is the responsibility of the property
owner to sign the deed restrictions and protective covenants form while the applicant is responsible for ensuring
that the deed restrictions are recorded.
By the notarized signature(s) below, the permit holder(s) certify that the recorded property restrictions and
protective covenants for this project, if required, shall include all the items required in the permit and listed
on the forms available on the website, that the covenants will be binding on all parties and persons claiming
under them, that they will run with the land, that the required covenants cannot be changed or deleted
without concurrence from the NC DEMLR, and that they will be recorded prior to the sale of any lot.
VIIL CONSULTANT INFORMATION AND AUTHORIZATION
Applicant: Complete this section if you wish to designate authority to another individual and/or firm (such as a
consulting engineer and/or firm) so that they may provide information on your behalf for this project (such as
addressing requests for additional information).
Consulting Engineer:Peny Davis, PE
Consulting Firm: Cape Fear Engineering, Inc.
Mailing Address:151 Poole Road Suite 100
City:Belville State:NC Zip:28451
Phone: [phone] Fax: (910 ) 383-1045
Email:perrydavis®capefearengineering.com
IX. PROPERTY OWNER AUTHORIZATION (if Contact Information, item 2 has been filled out, complete this
section)
I, (print or type name of person listed in Contact Information, item 2a) , certify that I
own the property identified in this permit application, and thus give permission to (print or type name of person
listed in Contact Information, item 1a) with (print or type name of organization listed in
Contact Information, item 1a) to develop the project as currently proposed. A copy of
the lease agreement or pending property sales contract has been provided with the submittal, which indicates the
party responsible for the operation and maintenance of the stormwater system.
Form SWU-101 Version Oct. 31, 2013 Page 5 of 6

As the legal property owner I acknowledge, understand, and agree by my signature below, that if my designated
,agent (entity listed in Contact Information, item 1) dissolves their company and/or cancels or defaults on their
lease agreement, or pending sale, responsibility for compliance with the DEMLR Stormwater permit reverts back
to me, the property owner. As the property owner, it is my responsibility to notify DEMLR immediately and
submit a completed Name/Ownership Change Form within 30 days; otherwise I will be operating a stormwater
treatment facility without a valid permit. I understand that the operation of a stormwater treatment facility
without a valid permit is a violation of NC General Statue 143-215.1 and may result in appropriate enforcement
action including the assessment of civil penalties of up to $25,000 per day, pursuant to NCGS 143-215.6.
Signature: Date:
I, _ a Notary Public for the State of . County of
. do hereby certify that personally appeared
before me this _ day of , and acknowledge the due execution of the application for
a stormwater permit. Witness my hand and official seal,
SEAL
My commission expires
X. APPLICANT'S CERTIFICATION
I, (print or type name of person listed in Contact Information, item la) Bert Exum
certify that the information included on this permit application form is, to the best of my knowledge, correct and
that the project will be constructed in conformance with the approved plans, that the required deed restrictions
and protective covenants will be recorded, and that the proposed project complies with the requirements of the
applicable stormwater rules under 15A NCAC 2H .1000 and any other applicable state stormwater requirements.
Date: / 2 - / 9-
I, a Notary Public for the State of /if h 'Ard pna. , County of
do hereby certify that �C 6Zgyu'11^ personally appeared
before me this day of IJ01sr and acknowledge the due execution of the application for
a stormwater permit. Witness my hand and official seal,
SEAL
My commission expires o'f'zf
Form S'WU-101 Version Oct. 31, 2013 Page 6 of 6

Johnson, Kelly
From: Johnson, Kelly
Sent: Wednesday, November 04, 2015 8:46 AM
To: 'Jeff Petroff
Cc: Matt Haley
Subject: SW8 050210, Waterford Master Permit - Tract D
Attachments: 2014 01 master table 020510.xls
Jeff,
There is a lot going or', Waterford. The HOA and the developer have lawyers mediating some issues (which 1 think are
broader than stormwater). But, the permit is mixed up in that. Matt Haley of Cape Fear Engineering, cc'd, is working on
the overall stormwater permit for the Waterford permittee (WDV, Inc. / Bert Exum). One of the main issues that they
have to fix under the NOD is to "fix" the BUA summary showing "who gets what", that there are deed restrictions, and
that it "fits" in the inter -connected pond system. I have attached the latest draft (Matt, correct me if you have changed
it since we last talked.)
It shows a 10,000sf "future" area for Tract D. I remember talking to someone last year about potentially moving BUA
around at that amenity center, but I believe you are right that we decided to wait and let all of the legal issues work out
and then worry about it. They probably didn't think it would take so long, though. This project has been in house since
February, and we agreed to delay review until the lawyers figure out their issues. It is due on 11/15/15.
X
From: Jeff Petroff [mailto:[e-mail]
Sent: Tuesday, November 03, 2015 4:50 PM
To: Johnson, Kelly <[e-mail]>
Subject: Waterford.....
Hi Kelly,
Hope you are doing well. Georgette told me you were working on the Waterford stormwater permit modification
(aren't you lucky....). The reason I'm reaching out is that I'm working for an architect on the clubhouse addition (Tract
D). I had originally been told the reallocation of either 9,000 or 10,000 sf (I've been told different amounts) had already
been transferred to the Amenity Center tract for this addition. Obviously that was incorrect. We are wanting to use
about 1,500sf for this addition, so we've got a plan that we would like to submit when the time is right. When would be
the right time? After everything has been cleared up with the transfer, or during your review? Just thought I'd muddy
the waters a bit...
Thanks for your help!
Jeff Petroff, P.E.
Project Engineer
Coastal Land Design, PLLC
PO Box 1172
Wilmington, NC 28402
i'elephone: 910.254.9333 ext. 10 02
Fax: [phone]
www.CLDeng.com

Johnson, Kelly
From:
Andrew K. McVey <[e-mail]>
Sent:
Wednesday, April 08, 2015 4:11 PM
To:
Johnson, Kelly; Samuel Potter
Cc:
Wes Hodges; Scott, Georgette; Bert Exum
Subject:
RE: Waterford Permit Modification
Ms. Scott and Ms. Johnson,
Following up the exchange of emails between Ms. Johnson and Sam Potter, this will confirm on behalf of Bert
Exum. (copied on this email) that the permittee requests that the application not be reviewed for 60 days. We
are mindful that your office has a mandate to process permit applications in a timely manner and do not take
that responsibility lightly. However, because the Waterford Master Residential Association regards approval. of
the permit modification. (prior to obtaining additional information about such matters as the existing depths of
the ponds and other waterways) as a potential impediment to resolution of the parties' disputes, we respectfully
ask that your office stand down on the application until June 7.
We appreciate that property owners may have a concern about the maximum impervious surface area for any
particular lot. That information is available on a spreadsheet maintained by the developer's engineers at Cape
Fear Engineering. We are happy to make that available to your office or, if you would prefer, to have your
office re -direct inquiring property owners to the engineering firn1 or to the Waterford Master Residential
Association architectural review committee, which oversees property owner compliance with BUA restrictions.
Regards,
Andy McVey
1: MURt:'I'tiSO!'v, #"AYLOR
Andrew K. McVey 16 North Fifth Avenue
Attorney at Law Wilmington, NC 28401-4537
Phone: [phone] ext. 124
For vCard, click here. Facsimile: 910-763-6561
amcvevgmurchisontavlor.com www.murchisontaylor.com
CONFIDENTIALITY NOTICE: The information contained in this message is legally privileged and confidential information intended only for the use of the named
recipient. If the reader of this message is not the intended recipient, you are hereby notified that any review, retransmission, dissemination or other use of, or taking
any action in reliance upon, this message is strictly prohibited. If you have received this e-mail in error, please notify us immediately by return e-mail, delete all copies
of this e-mail from all computers, and destroy any printed copies of this e-mail.
IRS CIRCULAR 230 DISCLOSURE: To ensure compliance with requirements imposed by the Internal Revenue Service (IRS), unless specifically stated otherwise, any tax
advice contained in this communication (including any attachments) was not intended or written to be used, and cannot be used by any taxpayer, for the purpose of
(i) avoiding tax -related penalties that may be imposed on the taxpayer, or (ii) promoting, marketing or recommending to another party any tax -related matter
addressed herein.
From: Johnson, Kelly [mailto:[e-mail]]
Sent: Wednesday, April 08, 2015 10:38 AM

1'0: Andrew K. McVey; Samuel Potter
Cc: Wes Hodges; Scott, Georgette
Subject: RE: Waterford Permit Modification
All,
The NOD issued on 12/4/14 was issued to get the permit to match the "as -built" and "as -planned" subdivision
configuration and its associated impervious allocation per lot, to get the deed restrictions to match the subdivision
configuration/impervious per lot, to get the PE Certifications, and to have maintenance done per the O&M agreement. I
understand that the HOA has concerns with the system which primarily deal with sediment accumulation in the ponds,
and we certainly want to ensure that everyone's needs are met. But, we also want to ensure that the other issues in the
NOD are addressed. For instance, there may be lots that are being sold without the correct recorded deed restrictions.
also had a call on 3/18/15 from a resident of the subdivision who is confused about what his BUA per lot is, and I was
unable to give him a good answer pending the approval of the current modification application. It was frustrating for
him, and rightly so. It is important for the Division to be able to explain impervious area per lot requirements to
members of the public.
We received a permit modification package and NOD response letter for this project on 2/13/15. 1 have not yet
reviewed this information due to other workload constraints. If the permittee's President, Mr. Bert Exum of WDV, Inc.,
would like to request that his application not be reviewed for 60 days (until 6/7/15) please have him request that in
writing to Georgette Scott either by an email or a letter explaining why he needs this -extension.
Thanks,
Kelly
From: Andrew K. McVey [mailto:Amcveynn murchisontavlor.com]
Sent: Tuesday, April 07, 2015 2:30 PM
To: Samuel Potter; Johnson, Kelly
Cc: Wes Hodges
Subject: RE: Waterford Permit Modification
Just to clarify, our position is that WDV, Inc., and not Mr. Exum is the permittee. Otherwise, I'm in general agreement
with what Sam said below.
; .�.�. ML1RC11iS(��:)rN}i. ,Tky:oR
r
Andrew K. McVey 16 North Fifth Avenue
Attorney at Law Wilmington, NC 28401-4537
Phone: [phone] ext. 124
For vCard, click here. Facsimile: 910-763-6561
amcvev@murcl isontavlor.com www.murchisontaylor.com
CONFIDENTIALITY NOTICE: The information contained in this message is legally privileged and confidential information intpndpd only for the use of the named
recipient. If the reader of this message is not the intended recipient, you are hereby notified that any review, retransmission, dissemination or other use of, or taking
any action in reliance upon, this message is strictly prohibited. If you have received this e-mail in error, please notify us immediately by return e-mail, delete all copies
of this e-mail from all computers, and destroy any printed copies of this e-mail.
IRS CIRCULAR 230 DISCLOSURE: To ensure compliance with requirements imposed by the Internal Revenue Service (IRS), unless specifically stated otherwise, any tax
advice contained in this communication (including any attachments) was not intended or written to be used, and cannot be used by any taxpayer, for the purpose of

(.') avoid! ng• tax -related penalties that may be imposed on the taxpayer, or (ii) promoting, marketing or recommending to another party any tax -related matter
addressed herein.
From: Samuel Potter jmailto:sam(&hcp_plaw.com1
Sent: Tuesday, April 07, 2015 2:27 PM
To: kelly.p.johnsonCa ncdenngov
Cc: Wes Hodges; Andrew K. McVey
Subject: Waterford Permit Modification
Kelly,
I hope you are well, and I know you are busy. I left you a voicemail this morning, but thought email might be
easier.
By way of background, WDV, Inc. and Robert Exum are the permitees for the storm water permit at the
Waterford development in Brunswick County. Our firm represents the Waterford Master Residential
Association ("WMRA"), which is the residential owners' association. WMRA recently filed a lawsuit against
WDV and Mr. Exum regarding WDV and Mr. Exum's attempted modification of the storm water permit for
Waterford. Part of the basis for the lawsuit is that modifying the storm water permit violates WDV's obligations
to WMRA.
This morning, we met with Mr. Exum and his attorney, Andy McVey (copied on this email). We made a lot of
progress, and hope that our issues can be resolved in the near future. To give us time resolve these issues, we
agreed to put a hold on our lawsuit, if Mr. Exum and WDV put a hold on the pending permit modification.
Thus, my question to you is: can you/DENR put a hold on approving or rejecting WDV and Mr. Exum's
requested permit modification for sixty (60) days from now? if not, are there other options to holding the
permit open, and not modifying the permit, until such time as WDV and Mr. Exum request otherwise?
Again, our goal is hold -off on modifying the storm water permit for up to sixty (60) days.
Please let me know your thoughts, and if you have any questions.
Regards,
Sam Potter
Samuel B. Potter
Hodges Coxe Potter & Phillips, LLP
232 Causeway Drive, Suite IA
Wrightsville Beach, NC 28480
Phone: [phone]
Cell: [phone]
Fax: [phone]
Confidentiality Notice:
This message is being sent by or on behalf of a lawyer. It is intended exclusively for the individual or entity to
which it is addressed. This communication may contain information that is proprietary, privileged
or confidential or otherwise legally exempt from disclosure. If you are
not the named addressee, you are not authorized to read, print, retain, copy or

disseminate this message or any part of it. If you have received this
message in error, please notify the sender immediately by e-mail and delete all copies of the message.

�'r17115
l-�N:�arw (�C•Icti, C Cwr�s (�,��,,��)
cJ
E-P -R ga o'?1'7 ?C
Rrf ekq E f1w, 6oub 5c�r►�'

Johnson, Kelly
From: Johnson, Kelly
Sent: Wednesday, March 25, 2015 2:44 PM
To: 'Jeff Whiting'
Subject: RE: Waterford Clubhouse Impervious Allocation (SW8 020510)
There is also 146,798sf total shown which should be reflected on a plan. That plan will show how the 146,798sf is laid
out. It may or may not include what you want to build. The "0" for future means that the current configuration for
Tract D is max-ed out the way it is currently laid out on the plans. If you want to re -allocate impervious area within this
amount such as take some from sidewalks to add to buildings then that is possible. But it would have to be done
formally through a Plan Revision and submitted by the permittee (or a Permit Modification which is for more
complicated changes). (I don't know what else is on "Tract D", so you would have to think about that since I think you
are considering a much smaller number than 146,798sf.)
146,798
Buildings (Amenity,
etc
6,970
Sidewalk/Parking
78,408
Other
61,420
Future
0
From: Jeff Whiting [e-mail]; - -
Sent: Wednesday, March 25, 2015 2:34 PM
To: Johnson, Kelly
Subject: RE: Waterford Clubhouse Impervious Allocation (SW8 020510)
Kelly,
Here is the master table that you sent to use in February 2014. Tract D is the clubhouse circle and in the future use area
it shows zero (0). Does that mean that we do not have impervious area to support new construction.
JeffW'WIL40'
CAPT, USN (ret.), MBA
Association Manager
CEPCO
Consolidated Estate and Property
Control Corporation
1628 Doctors Circle
Wilmington, North Carolina 28401
[phone] Direct
[phone] Ext. 2335 Office
[phone] Fax
Toll Free Number [phone]
jef[Qcepco-nc.com
CONSOLIDATED ESTATE & PROPERTY CONTROL CORP. (CEPCO) INTERNET E-MAIL CONFIDENTIALITY STATEMENT: The information contained in this
transmission (including any attached files) is CONFIDENTIAL and is intended only for the person(s) named above. If you received this transmission in error,

please delete it from your system and notify us immediately. If you are not an intended recipient, please note that any use or dissemination of the information
contained in this transmission (including any attached files) and the copying, printing, or retransmission of that information is strictly prohibited. You can notify us
by return e-mail. Thank you.
From: Johnson, Kelly rmailto:kelly.p.johnson(dncdenr.govl
Sent: Wednesday, March 25, 2015 2:26 PM
To: Jeff Whiting
Cc: Jennifer Elam; 'Judith Patterson'; 'Samuel Potter'
Subject: RE: Waterford Clubhouse Impervious Allocation (SW8 020510)
Mr. Whiting,
That may be in the package that the developer has submitted. I am not sure. I hope to get to it next week. From my
recollection of the meeting and my notes below I was told that the clubhouse will increase from 1,500sf impervious
(current) to 6,500sf impervious (in the future). But, I am basing that solely on discussion and not any specific data that I
have seen.
KJ
From: Jeff Whiting fmailtoJefffteDco-nc.com]
Sent: Wednesday, March 25, 2015 2:19 PM
To: Johnson, Kelly
Cc: Jennifer Elam; 'Judith Patterson'; 'Samuel Potter'
Subject: Waterford Clubhouse Impervious Allocation (SW8 020510)
Kelly,
In the email that you forwarded to Sam Potter which is attached below, paragraph e. shows the clubhouse area
impervious allocation increasing from 1500 to 6500 sq ft.
Based on your records does the clubhouse area currently have 1500 sq ft of impervious area that has not yet been built
upon, and can we begin a construction project to use that 1500 sq ft?
Jeff whkralw
CAPT, USN (ret.), MBA
Association Manager
CEPCO
Consolidated Estate and Property
Control Corporation
1628 Doctors Circle
Wilmington, North Carolina 28401
[phone] Direct
[phone] Ext. 2335 Office
[phone] Fax
Toll Free Number [phone]
[e-mail]
CONSOLIDATED ESTATE & PROPERTY CONTROL CORP. (CEPCO) INTERNET E-MAIL CONFIDENTIALITY STATEMENT: The information contained in this
transmission (including any attached files) is CONFIDENTIAL and is intended only for the person(s) named above. If you received this transmission in error,
please delete it from your system and notify us immediately. If you are not an intended recipient, please note that any use or dissemination of the information

Johnson, Kelly
From: Samuel Potter [[e-mail]]
Sent: Wednesday, February 25, 2015 11:03 AM
To: Johnson, Kelly
Subject: Re: Waterford Stormwater
Kelly,
How much tinne between when you get the package and it gets approved? Do you have a few minutes to
discuss today?
Thanks
Sam
On Wed, Feb 25, 2015 at 11:02 AM, Johnson, Kelly <kelly.p johnson(cr�,ncdenr.gov> wrote:
Matt,
Sorry for the confusion. We have it. When it came in the people who processed it didn't know I was already
working on it and so it was in the pile of projects to be assigned.
Sam,
I haven't gone through this package yet.
Thanks,
KJ
From: Matt Haley [mailto:matt.haleycd)capefearengineering.com]
Sent: Wednesday, February 25, 2015 10:52 AM
To: Johnson, Kelly
Cc: [e-mail]; Perry Davis
Subject: RE: Waterford Stormwater
Kelly,
It was hand delivered on February 13"'. Please let me know if you can't find it.

Thanks,
Matthew T. Haley - PE, LEEC Green Associate
CAPE FEAR
ENGINEERING
From: Johnson, Kelly fmailto:kelly.p.johnson(dncdenr.govl
Sent: Wednesday, February 25, 2015 10:49 AM
To: Matt Haley
Cc: [e-mail]
Subject: Waterford Stormwater
Matt,
I am just checking in on the status of this submittal. I have not yet received it. I had a call recently from the
HOA's attorney, Sam Potter (cc'd), about it as well.
Thanks,
Kelly
Kelly Johnson
Environmental Engineer
NC Division of Energy, Mineral and Land Resoureer.
Stormwater Permitting
127 Cardinal Drive Extension

Wilmington, NC 28405-3845
Office: 910.796.7331
Fax: [phone]
Samuel B. Potter
Potter & Phillips, LLP
232 Causeway Drive, Suite lA
Wrightsville Beach, NC 28480
Phone: [phone]
Cell: [phone]
Fax: [phone]
Confidentiality Notice:
This message is being sent by or on behalf of a lawyer. It is intended exclusively for the individual or entity to
which it is addressed. This communication may contain information that is proprietary, privileged
or confidential or otherwise legally cxcmpt from disclosure. If you are
not the named addressee, you are not authorized to read, print, retain, copy or
disseminate this message or any part of it. If you have received this
message in error, please notify the sender immediately by e-mail and delete all copies of the message.

STATE OF NORTH CAROLINA
Department of Environmental and Natural Resources
127 Cardinal Drive Extension
Wilmington, North Carolina 28405
[phone]
FILE ACCESS RECORD
SECTION U tv
TINIIWATE 1,. tw Arh 2 h
NAME
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 -today program obligations. Please read
carefully the following guidelines 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 to review the files. Appointments will be scheduled
between 9:00am and 3: 00pm. 'Viewing time ends at 4:45pm. ,Anyone arriving without an
appointment may view the files to the extent that time and *staff supervision is available.
2. You must specify files you want to review by facility name The number of files that you
may review at one time 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.
Cost per copy is $.05 cents. Payment may be made by check, money order, or cash at the
reception desk. Copies to lu $5 00 or more can be invoiced for your convenience,
4. FILES MUST BE KEPT IN ORDER YOU FOUND THEM. Files may not be taken from
the office. To remove, alter, deface, mutilate, or destroy material in one ofthese files is a
misdemeanor for which you can be fined up to $500.00. No briefcases, large totes, etc. are
permitted 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
2.
3.
4.
COUNTY
W-'
PIP 0q'
Signature and Name ofFirm/Business Date Time in Time Out
Please attach a business card to this form .
CvrMS MADE PAID
SAcrminBe access

3l'?1ti S
q►o. 5ay. (,& ?cR

Completeness Review Checklist
Project Name: rr-� z> 9+k-L- Received Date:
Project Location: -PCX-S ,. �� Accepted Date: 1b 2-c--) 2c, L1
Paperwork Emalled Engineer on:
®Supplement(s) (1 original per BMP) BMP Type(s):
®0&M with correct/original signatures (1 original per BMP except LS/VFS and swales) CS
nA-p*'plication with correct/original signatures ®Deed
®Corp or LLC: Sig. Auth. per SoS or. letter ®Email Address: Design Engineer
Ej;��O5 (within 6mo) ®Email Address: Owner
[]Soils Report with SHWT Note to Reviewer:
ElCalculations (signed/sealed) i�0� -�a �G �•
MNo obvious errors Z �,
031
Density includes common areas, etc c .
eed R rictions, if subdivided:-c.�..)
F-19igned & Notarized
Plans -- - -
�-S El
Details (roads, cul-de-sacs; curbs; sidewalks; BMPs, Buildings; etc)
grading wetlands: Delineated or No Wetlands
Vicinity Map ®Layout (proposed BUA dimensions)
"Legend ®DA baps ®Project Boundaries
Infiltration Wet Pond Offsite
Soils Report ®Soils Report ®PE Cert for Master Lot M
SHWT: SHWT: ®Deed Rest for Master ®Lot # Matches Master
Bottom: PP: BUA Permitted (Master): sf
Visited: BUA Proposed (Offsite): sf
Additional Information:
Permitted Proposed: Proposed: Proposed:
BUA (sf)
DA (sf)
PP (el)
SHWT (el)
Depth (ft)
SA (sf)
Z-

Casmer, Jo
From: Casmer, Jo
Sent: Wednesday, February 25, 2015 9:24 AM
To: '[e-mail];'[e-mail]' rerl�da u Pr ���r "9 `��-�t
Subject: Waterford; Stormwater Permit SW8 020510 C07-Al
The Wilmington Regional Office of the Division of Energy, Mineral, and Land Resources (Stormwater Section)
received the Stormwater Permit Application and $505.00 fee on February 20, 2015. Your project will be assigned
to a staff member and you will be notified if additional information is needed. Please be advised that the
construction of built -upon area may not commence until the Stormwater Permit is issued.
j0 Casmer
Administrative Assistant for DEMLR/Stormwater Section
NC Department of Environment & Natural Resources
127 Cardinal Drive Extension
Wilmington, NC 28405
Phone: [phone]
Fax: [phone]
Email cvrn?spiondenw to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third
parties

BB&T 25957
CAPE FEAR ENGINEERING, INC. BRANCH BANKING AND TRUST COMPANY
P O BOX 544 1-800-BANK BBT BBT.com
WILMI.NGTON, NC 28402 68-1121531 2111 /2015
PH. 910-383-1044
m
THE
NCDENR I s **505.00
IOF
re Hundred Five. and
DOLLARS
NCDENR
Waterford Stormwater Modification

2MOTURE

CAPE .� FE AR,
N G I N EEfiIfVG
151 Poole Road, Suite 100
Belville, NC 28451
TEL [phone]
FAX [phone]
www.capefearengineering.com
To:
JNCDENR
Water Quality Section - Stormwater
127 Cardinal Dr. Ext
Wilmington, NC 28405
Attn:
Kelly Johnson
Transmittal
Date: February 13, 2015
File: 650-001 "36"
Subject: Waterford Stormwater Permit
Modification Submittal
(SW8 020510)
Z As Requested ❑ For Your Files ❑ For Distribution ® For your Review / Action / Approval
❑ Sent via Mail ❑ Sent via Courier
Quantity
Drawing No.
Description
1
Original
$505.00 Application Fee for Regular Program
1
Original
Cover Letter / Modification Narrative
2
Copy
Revised Permit Application and Drainage Area Breakdown
2
Copy
Revised Master Tracking Table
2
Copy
Revised Draft Deed Restrictions and Lot BUA Breakdown
2
Copy
Impervious Area Breakdown Exhibit
2
Copy
Revised Stormwater Management Plans
FEB 13 2015
REMARKS Please let me know if you have any questions or need any additional information. Thanks.
CC:
File 650-001 "36"
Received By:
Date:
Fm
Davis, PE
i, Inc.
PA65M650-0011ADMI"TORMWATERTEB 2015 MODIFICATION SUBMITTAL12015-02-13 Trans NCDENR Stmmwater.doc

CAPE F
E N G I N E E
February 13, 2015
Kelly Johnson
127 Cardinal Drive Ext.
Wilmington, NC 28405
f
_ 1 WWV\YS
UP EAJ ltfiOA 1+ 15
RE: Stormwater Permit Modification Submittal
Waterford of the Carolinas — SW8 020510 Modification
Town of Leland, Brunswick County, North Carolina
Dear Kelly,
FEB 13 2015
t:
BY:
Cape Fear Engineering is submitting a modification to the existing Waterford stormwater permit (SW8
020510) on behalf of our client WDV, Inc. The subject permit modification aims to accomplish the
following:
• Address items identified in Notice of Deficiency (NOD 2014-PC-0223) dated December 4, 2014,
• Respond to items discussed during Stormwater Scoping Meeting and summary email on
December 18, 2014
• Respond to specific maintenance items identified in email to NCDENR from the Waterford
Residential Association's (the "Residential HOA") HOA's lawyer, Sam Potter on December 18,
2014.
• Update existing stormwater management plans to graphically reflect existing land plan and
tract/lot configurations.
• Update existing stormwater management plans to reflect selective as -built information and as -
built information specifically related to pond discharge and outlet structures and pipes.
• Revise tract specific and overall BUA and Impervious calculations based on current land plan,
tract/lot configurations and in some locations as -built information.
• Update existing Master Table Spreadsheet provided by NCDENR
• Remove requirement for gate valves in bottom of outlet structures.
• Allow fountains in ponds. The current conditions do not allow for decorative fountains in the
ponds. The permitee desires an option to install decorative fountains in the ponds.
• Remove the transfer/recirculation pump between Pond #8 and Pond #10.
151 Poole Road, Suite 100 • Belville, NC 28451 • TEL: [phone] • FAX [phone]
www.capefearengineering.com

FEB 13 2015 J
I. Items from Notice Of Deficiency (12/4/14): Y
1. Modification to Approved Plans [Section II(4)]. Please modify the permit to reflect the current
subdivision as discussed in the previous correspondence summarized above. The most recent
Master Table is included It is dated January 14, 2014, and contains the most recent data the
division is aware of. Please revise this table as :necessary, and resubmit with your .;codification
package so it can be used to simplify tracking this data in the future.
RESPONSE: The included stormwater management plans have been revised to reflect the most
current residential and commercial development land plans. There have been several instances
where lots have been combined, added or removed. There are also multiple instances where the
overall tract boundaries have been revised to match recorded maps and to eliminate overlap
between adjacent tracts.
Note that careful attention has been given to clearly identify all proposed modifications to the
stormwater management plans. With the exception of some minor drafting cleanup/formatting
items, no revisions are proposed to the previously approved design except those items specifically
identified on the plans by revision clouds.
The Master Table provided by NCDENR has been updated to reflect the area and BUA revisions
proposed by the subject permit modification. Please note that the overall project area has been
adjusted slightly to reflect the actual tract boundaries. Also note that while the impervious area
breakdown between tracts has been modified, the overall impervious area for the entire Waterford
development has not changed from what was previously permitted.
As a result of negligible changes to the overall project area and no change to the proposed
impervious area, there should be no change to the previously permitted design calculations
prepared by K. Davis Fennell, PE.
2. PE Certification [Section II(9)]. Please submit certifications for all of the Ponds
RESPONSE: Our records indicate that K. Davis Fennell certified Ponds #1 and #14. It should be
noted that the proposed modifications do not make any changes to either Pond # 1 or Pond # 14
that would nullify the previously provided certifications.
The current system cannot be certified until after the project is modified because the site does not
currently match all of the permitted conditions. In addition, CFE has identified some
adjustments/modifications to existing pond outlet structures that will need to be modified prior to
being able to certify the ponds.
The remaining ponds will be certified once the permit has been modified to refiect current site
conditions, after any necessary field modifications/adjustments are made to the system, and after
any required maintenance work has been completed.
151 Poole Road, Suite 100 • eelville, NC 28451 • TEL: [phone] • FAX [phone]
www.capefearengineering.com

3. Deed Restrictions [Section H(13)]. Please submit a copy of the recorded deed restrictions
Please ensure that the permit modification reflects the recorded data.
RESPONSE: The recorded Deed Restrictions do not match the proposed permit modification
submittal. Upon approval of the permit modification the necessary deed restrictions will be
amended to match the new issuance of the permit. In lieu of providing recorded deed restrictions,
we have provided Draft Deed Restrictions for both the Waterford Residential Development and
the Waterford Commercial Development.
4. Maintenance [Section II(16)]. Please ensure that all ponds are maintained per their Operation
and Maintenance agreements which reference the Pond Schedule on Sheet SW -I of the
permitted plans. In particular, the HOA reports that excessive sediment has accumulated in the
ponds. Please submit maintenance records showing that the pond sediment has not
accumulated above the permitted levels, and/or that the ponds have been cleaned out and the
sediment level has been corrected to be within permitted specifications.
RESPONSE: It is our understanding that under the recorded Deed Restrictions and Covenants
goveming Waterford Residential and Waterford Commercial developments, the Waterford
Residential HOA is responsible for providing all pond maintenance including mowing of the
banns and removal of accumulated sediment. As a result, it is the permitee's (WDV's) position
that even though the permit stipulates that the developer is responsible for maintenance, the noted
maintenance issues should have been addressed by the Residential HOA per the recorded Deed
Restrictions and Covenants.
Upon receipt of permit approval CFE will coordinate with the developer and the Residential HOA
to identify required maintenance activities and identify the legally responsible party. It is noted
that some maintenance activities will be required prior to certification of the system by CFE.
151 Poole Rood, Suite 100
Beiville, NC 28451 • TEL: [phone] • FAX [phone]
www.copefearengineering.com

FEB 13 2015
II. Items from Stormwater Scouine Meetine and Summary Email (12/18/14): SY.-
1. Tne most significant proposed changes to the inter -connected system of 14 ponds is to change
the minimum depth from 6ft to 3ft. I understand from the discussion at the meeting that this
pond was permitted as an alternative/innovative design, and that the standard 1.0"11.5" and
SAIDA_ table sizing was not used The pond was instead designed for the —4" storm so that U
could hold (to the best ability of recollection at the meeting) the 25yr storm above the PP
elevation. In order to decrease the depth from Eft to aft minimum, it will have to allow for an
adequate sediment accumulation depth so that the pond can continue to function as sediment
accumulates. The maintenance agreement will also have to be updated as necessary. We will
also have to ensure that the inlet/oudet pipes between ponds are not situated below a "safe"
elevation for expected sediment accumulation. The intent of the allernative/innovative design
4" & 25yr storm) will have to be preserved as well. Please demonstrate that that is the case
in the modification package submittal If the original design intent is not preserved or if
sediment cannot be adequately handled then we will have to discuss the depth reduction
further.
RESPONSE: As discussed during the Scoping Meeting and reiterated in the language above
from your 12/18/14 email, the originally approved alternative/innovative design (-4" & 25-year
storm) was completely independent of common pond design standards including SA/LA ratios,
average depth, pond geometry, etc. In fact the only design criteria considered was the ponds
ability to provide storage for the 25-year storm event without discharge. As a result, the intent of
the originally permitted alternative/innovative design would have been met with a completely dry
pond (no permanent pool).
At the time of original permitting, the ponds were designed to have an arbitrary minimum depth
of 6-ft; however, during construction there were some areas throughout the entirety of the project
where the 6-ft depth could not be achieved due to rocks and coquina deposits encountered during
excavation.
Since the original design depth was not achieved in some areas, the system cannot be certified in
its current state. The proposed modification seeks to reduce the pond depth from the previously
approved 6-ft to a minimum depth of 3-ft so that the constructed ponds will be in compliance
with the modified permit. There are pond areas where the 3-foot depth cannot be achieved due to
rock and coquina deposits. The permitee has no intentions of attempting to remove this material
in order to achieve a 3-foot depth.
We fully recognize the concerns about the relative depth of the pond bottom as it relates to the
invert elevations of inlet/outlet pipes, and making sure that the pond still can accommodate
expected sediment accumulation. A proposed typical pond section has been added to sheet SW -A
to show that 18-inch minimum depth will be maintained below inlet/outlet pipes to reduce the
potential for sediment backup
151 Poole Road, Suite 100 • 8elville_ NC 2sasi - TEL: [phone] • FAX [phone]
www.cap efearengineering.cam

FEB 13 2015 d
The originally approved O&M agreement for the ponds did not specify specific elevation
information for each pond but instead referenced "See Sheet A". Since Sheet SW -A a�i sheen
revised to reflect the current pond elevation information and proposed depth reduction to 34$ the
O&M agreement that exists on file should still be adequate.
2. Another significant change is that an adjacent area that was previously unpermitted may be
added to the project area and drain to the ponds. It is believed that the ponds can
accommodate the adjacent area. This new area will be permitted under the 2008 rule rather
than the 1995 rule. But, the effect on the pond's design should be negligible given the fact that
it is already designed for the 4" storm.
RESPONSE: Since we originally met in December, the decision has been made not to pursue
adding the additional area at this time. The developer may still decide to pursue adding the
additional area at a later date.
3. Another item to note is that The Reserve (SW8 030710) is a residential section, but it is setup
as an offsite permit because it was sold to an entity other than the SW8 020510 permitee for
development It therefore holds its own separate permit to drain offsite to SW8 020510.
RESPONSE: The stormwater management plans have been revised to show the permitted land
plan for The Reserve. Additionally a note has been added to indicate that this is an offsite area
and the offsite permit number has been listed for reference.
4. A third emergency outlet will be added in Pond 14.
RESPONSE: The subject emergency outlet has been identified as OS#1413 on sheet SW-K.
Please note that the addition of this outlet structure does not affect the previously permitted pond
elevations or available storage volume.
5. Since all of the ponds share a communal impervious allocation amount it is not necessary to
tally the impervious draining to each of the 14 ponds Some of the impervious area previously
allocated will change. For instance, the clubhouse area will increase from 1,500sf impervious
to 6,500sf impervious But, the total amount of impervious allocated for the entire project will
be within the amount previously shown to be accommodated by the pond system. A running
total will be summarized in the master table. The master table will be updated over time as
changes are made such as adding new commercial offsite lot owners with their respective
permits.
RESPONSE: You are correct in that the originally permitted design was for a total impervious
area for the entire Waterford Development and was not based on a specific impervious
breakdown for individual pond drainage areas or development tracts. However, the plan cover
sheet does contain a summary table that shows the specific impervious area allocation and
acreage for each specific tract in addition to the overall project.
151 Poole Road, Suite 100 • Belville, NC 28451 • TEL: [phone] • FAX [phone]
www.capefearengineering.com

Each specific tract stormwater plan sheet (i.e. SW -A, SW-B, etc) also includes an impervious
area and tract area breakdown for reference. The information shown on these sheets should match
the information shown in the overall tracking chart found on the plan cover sheet.
lie master tracking table has been updated to match the information included in the plans.
Additional impervious has been allocated to Tract D in which the clubhouse amenity is located.
6. Recorded deed restrictions will be submitted The master table summary will summarize this
data. The table needs to be updated to reflect the fact that the lot numbers currently permitted
differfrom the lot numbers recorded in some sections. The plans denote both the original lot
number for State Stormwater as well as the lot number for the recorded deed restrictions. We
need to have this data summarized in a format that homeowners and commercial lot owners
can understand it For instance, the Division needs to be able to tell a homeowner the amount
of BUA that is allocated to his/her lot and the book/page that number is recorded on.
RESPONSE: See response to item I.3 above regarding the Deed Restrictions. In order to
hopefully simplify the tracking of impervious for both residential lots and for commercial lots,
CFE has prepared an overall impervious area exhibit showing the impervious allocation for each
lot.
7 I gave Cape Fear Engineering and Bert Exum a copy of Samuel Potter's 12118114 email
summarizing the HOA's primary concerns in the subdivision so that those concerns can be
considered while the project modification is being proposed and also during the upcoming PE
Certification. Most of the concerns are in regard to sediment accumulation, or potential
impacts of sediment accumulation in the ponds. He also brings up a missing drainage valve
for Pond 10, a potential issue with a recirculation pump between Pond 8 & 10, and differing
elevations for the two emergency outlets
RESPONSE: The specific concerns from Mr. Potter's 12/18 email are discussed in detail in
Section III below. Also see response to Item II.1 above for additional discussion regarding pond
depth and sediment accumulation.
8. Once the permit is modified to reflect the current site conditions, Cape Fear Engineering will
submit the PE Certifications required by the permit The system cannot be certified until the
project is modified because the site does not currently match all of the permitted conditions
RESPONSE: See response to item I.2 above.
9. The maintenance and other issues identified in Mr. Potter's 12118114 email will be considered
throughout the process Items highlighted in the email as well as any others that Cape Fear
Engineering identifies as they work to modify and certify the system will be completed prior to
a re -inspection to determine a compliant status.
FEB 13 2015
151 Poole Road, Suite 100 • Belville, NC 28451 • TEL: [phone] e,IFR-X-(94-BJ -8 - 4-S-
www.capefearengIneerIng.com

RESPONSE: The specific concerns from Mr. Potter's 12/18 email are discussed in detail in
Section III below. Also see response to Item I.4 above for additional discussion about system
maintenance.
M. Items from Samuel Poiter (110A Atrornevi Email (12ii8/14):
1. The outflow for the pond behind Harris Teeter in the commercial area (to the right of Olde
Waterford Way) has been submerged with water for days after rains starting before
Thanksgiving.
RESPONSE: The subject pond is identified as Pond #1 on the stormwater management plans.
CFE has performed several field inspections of Pond # 1 and have not previously identified this
issue. CFE will continue to monitor the functioning of this pond and will coordinate with the
permitee WDV, Inc. as necessary to make any necessary revisions to the down stream outlet
structure configuration and elevations to bring into compliance with the approved permit.
It is possible that the noted issue is either fully or partially the result of issues created by the need
for maintenance. See response to item I.4 above regarding pond maintenance.
2. The docks at the pond to the left of Palm Ridge Road (at the backyards of house on Garden
Club Drive) were submerged for days from the week before Thanksgiving and the outlet pipes
appear to be totally covered in silt. Last week the water finally receded to below the frames of
the docks.
RESPONSE: The subject pond is identified as Pond 42 on the stormwater management plans.
CFE has performed several field inspections of Pond #2 and have not previously identified the
dock issue. CFE will continue to monitor the functioning of this pond and will work with the
permitee WDV, Inc. to make any necessary revisions to the downstream outlet pipe configuration
and elevations to bring into compliance with the approved permit.
It is possible that the noted issue is either fully or partially the result of issues created by the need
for maintenance. See response to item I.4 above regarding pond maintenance.
3. The darer between the pond to the right of Palm Ridge Road and Wind Lake Way and the pond
around Wind Lake Way was underwater during Thanksgiving Week.
RESPONSE: The subject pond is identified as Pond #3 on the stormwater management plans.
The feature referenced above is not a dam and was installed to separate a small part of Pond-3
along Palm Ridge Road from the main body of Pond #3 for aesthetic reasons. The feature
functions as a typical forebay wall. During rainfall events it is expected that water will flow over
the feature and be underwater temporarily.
It is possible that the noted issue is either fully or partially the result of issues created by the need
for maintenance. See response to item 1.4 above regarding pond maintenance.
FEB 13 2015
151 Poole Road, Suite 100 • Belville, NC 28451 • TEL: [phone] • FAJY'( 0 383-1045
www.copefearengineering.com

4. The silt level at the entry of commercial drainage pond behind 1002 Swell Court is creating an
island
RESPONSE: See response to item I.4 above regarding system maintenance.
S. No gate valves or recirculation pumps per the original CFE plan narrative (except for valves at
emergency overflow from Osprey Lake and Sun Skipper Court).
RESPONSE: The gate valves in the bottom of the outlet structures were originally intended to
give the permitee the ability to lower the water level for maintenance and to create the ability for
added storage in the event of forecasted extreme storm events.
The originally proposed gate valves have no effect on the overall systems ability to provide
sufficient storage volume for the design storm (25-year, —4.0" storage). As a result, the proposed
permit modification removes the requirement for gate valves in the bottom of the outlet
structures. Instead the gate valves will be shown as an optional feature that can be installed at the
permitee's discretion. In the locations where gate valves are not installed, portable pumps shall be
used as the primary means of dewatering for performing maintenance activities.
The recirculation/transfer pump was originally intended to transfer pond water from the lower
Pond #8 system to the higher Pond #10 system if the irrigation demand was not sufficient to
lower the Pond-8 system to permanent pool during periods of frequent rainfall events. This
transfer pump was not installed and will be eliminated from the permit conditions with this
modification. The system has been operational for several years and per the permitee the
irrigation demands have consistently exceeded the available storage in the ponds.
6 The ponds in commercial area do not appear to have any maintenance performed on them.
RESPONSE: See response to item I.4 above regarding system maintenance.
7. We have not received as -built plans of the stormwater system to have a basis for understanding
compliance.
RESPONSE: As -built plans for the entire stormwater system have not been prepared as they are
not a requirement of the permit. The submitted stormwater management plans dated 2/13/15 are a
substantially accurate representation of the constructed stormwater system. It should be noted that
in some cases the existing outlet structure elevations and configurations do not match the permit
drawings. Upon approval of the subject permit modification, CFE will work with the permitee
WDV, Inc. to make the necessary field changes to existing outlet structures to match the permit
drawings.
FEB 13 2015
151 Poole Road, Suite 100 • Belville, NC 28451 • TEL: [phone] • FAX [phone]
www.cap efearengineering.cam

I trust that this information is sufficient for you to continue your review of the subject project; however,
please let us know if you have any questions or need any additional information.
Sin ely,
Perry a .s, P.E.
Cape F Engineering, Inc.
Cc: File 650-001 "36"
FEB 13 2015
151 Poole Road, Suite 100 • Belville, NC 28451 • TEL: [phone] • FAX [phone]
www.copefearengineering.cam

Johnson, Kelly
From: Johnson, Kelly
Sent: Tuesday, February 03, 2015 3:19 PM
To: 'Matt Haley'
Cc: Maria Jones; Perry Davis
Subject: RE: Waterford State Stormwater Permit Meeting (SW8 020510)
Matt,
2/16 sounds good. I know that Howard has done a preliminary report for them, so having some extra time to work
through things with him may actually work out well in the long run.
Thanks,
Kelly
From: Matt Haley [mailto:[e-mail]]
Sent: Tuesday, February 03, 2015 2:32 PM
To: Johnson, Kelly
Cc: Maria Jones; Perry Davis
Subject: RE: Waterford State Stormwater Permit Meeting (SW8 020510)
Kelly,
The package has not yet been submitted. Making the final revisions to the plans and preparing the modification
documentation has taken us more time that originally anticipated. We are working to wrap up the submittal package
and provided we don't run into anything unexpected we should be able to submit to you by Monday 2/16. We apologize
for the slight delay in the originally agreed upon schedule. Thank you for your understanding and cooperation.
Also, thank you for letting us know about the HOA's decision to engage an engineer to review the system. We will likely
reach out to Howard Resnick to get him up to speed with where we are with our investigations and process and offer to
give him a full tour of the stormwater management system.
Please let us know if you have any questions or want to discuss in more detail.
Thanks,
Matthew T. Daley - PE,
CAPE FEAR
ENGINEERING
LEED Green Associate
From: Johnson, Kelly [mailto:kelly.R.iohnson(a ncdenr.gov]
Sent: Monday, February 02, 2015 1:19 PM
To: Matt Haley
Cc: Maria Jones; Perry Davis
Subject: RE: Waterford State Stormwater Permit Meeting (SW8 020510)
Matt,
I am just checking in on this one. Has this package been submitted? (It may still be with admin if it is in-house.) I also
wanted to make you aware that the Waterford HOA has hired an engineer to assess the system on their behalf, Howard
Resnick of Coastal Site Design. It does not sound like they want to decrease the depths of the ponds.

Thanks,
KJ
From: Johnson, Kelly
Sent: Tuesday, January 06, 2015 10:32 AM
To: 'Matt Haley
Cc: Maria Jones; Perry Davis
Subject: RE: Waterford State Stormwater Permit Meeting (SW8 020510)
Matt,
if you all are in agreement with my summary from 12/18/14, then I think this will suffice.
Thanks,
KJ
From: Matt Haley [mailto:matt. ha ley(&capefearengineering.coml
Sent: Monday, January 05, 2015 11:20 AM
To: Johnson, Kelly
Cc: Maria Jones; Perry Davis
Subject: RE: Waterford State Stormwater Permit Meeting (SW8 020510)
Kelly,
I just left you a voicemail on this too. Will the December 181h, 2014 Scoping Meeting and your below summary email be
sufficient for a Written Plan of Action in response to your December 4, 2014 Notice of Deficiency letter for Waterford? If
not, please let me know and we can provide something more formal.
Thanks,
Matthew T. Haley - PE, LEED Green Associate
CAPE FEAR
ENGINEERING
From: Johnson, Kelly [mailto:[e-mail]]
Sent: Thursday, December 18, 2014 11:56 AM
To: Perry Davis; Matt Haley
Cc: Samuel Potter; Weaver, Cameron
Subject: Waterford State Stormwater Permit Meeting (SW8 020510)
Perry & Matt,
Thanks for meeting today. I think we have laid a good path to getting these issues resolved. I wanted to send out a
quick summary of the meeting for the file.
1. The estimated submittal time for the modification is late January 2015. The modification will update the plans
to show the various tract and lot line changes as well as other changes to the plans affecting the stormwater
system.
a. The most significant proposed changes to the inter -connected system of 14 ponds is to change the
minimum depth from 6ft to 3ft. 1 understand from the discussion at the meeting that this pond was
permitted as an alternative/innovative design, and that the standard 1.0"/1.5" and SA/DA table sizing
was not used. The pond was instead designed for the —4" storm so that it could hold (to the best ability
of recollection at the meeting) the 25yr storm above the PP elevation. In order to decrease the depth

from 6ft to aft minimum, it will have to allow for an adequate sediment accumulation depth so that the
pond can continue to function as sediment accumulates. The maintenance agreement will also have be
updated as necessary. We will also have to ensure that the inlet/outlet pipes between ponds are not
situated below a "safe" elevation for expected sediment accumulation. The intent of the
alternative/innovative design (-4" & 25yr storm) will have to be preserved as well. Please demonstrate
that that is the case in the modification package submittal. If the original design intent is not preserved
or if sediment cannot be adequately handled then we will have to discuss the depth reduction further.
b. Another significant change is that an adjacent area that was previously unpermitted may be added to
the project area and drain to the ponds. It is believed that the ponds can accommodate the adjacent
area. This new area will be permitted under the 2008 rule rather than the 1995 rule. But, the effect on
the pond's design should be negligible given the fact that it is already designed for the 4" storm.
c. Another item to note is that The Reserve (SW8 030710) is a residential section, but it is set up as an
offsite permit because it was sold to an entity other than the SW8 020510 permittee for development.
It therefore holds its own separate permit to drain offsite to SW8 020510.
d. A third emergency outlet will be added in Pond 14.
e. Since all of the ponds share a communal impervious allocation amount it is not necessary to tally the
impervious draining to each of the 14 ponds. Some of the impervious area previously allocated will
change. For instance, the clubhouse area will increase from 1,500sf impervious to 6,500sf impervious.
But, the total amount of impervious allocated for the entire project will be within the amount
previously shown to be accommodated by the pond system. A running total will be summarized in the
master table. The master table will be updated over time as changes are made such as adding new
commercial offsite lot owners with their respective permits.
f. Recorded deed restrictions will be submitted. The master table summary will summarize this data. The
table needs to be updated to reflect the fact that the lot numbers currently permitted differ from the lot
numbers recorded in some sections. The plans denote both the original lot number for State
Stormwater as well as the lot number for the recorded deed restrictions. We need to have this data
summarized in a format that homeowners and commercial lot owners can understand it. For instance,
the Division needs to be able to tell a homeowner the amount of BUA that is allocated to his/her lot and
the book/page that number is recorded on.
g. I gave Cape Fear Engineering and Bert Exum a copy of Samuel Potter's 12/18/14 email summarizing the
HOA's primary concerns in the subdivision so that those concerns can be considered while the project
modification is being proposed and also during the upcoming PE Certification. Most of the concerns are
in regard to sediment accumulation, or potential impacts of sediment accumulation in the ponds. He
also brings up a missing drainage valve for Pond 10, a potential issue with a recirculation pump between
Pond 8 & 10, and differing elevations for the two emergency outlets.
2. Once the permit is modified to reflect the current site conditions, Cape Fear Engineering will submit the PE
Certifications required by the permit. The system cannot be certified until the project is modified because the
site does not currently match all of the permitted conditions.
3. The maintenance and other issues identified in Mr. Potter's 12/18/14 email will be considered throughout the
process. Items highlighted in the email as well as any others that Cape Fear Engineering identifies as they work
to modify and certify the system will be completed prior to a re -inspection to determine a compliant status.
Thanks & have a great holiday,
Kelly
k.eLL,.Jo�Insovw
Kelly Johnson
Environmental Engineer
NC Division of Energy, Mineral and Land Resources
Stormwater Permitting
127 Cardinal Drive Extension

Wilmington, NC 28405-3845
Office: 910.796.7331
Fax: [phone]

Johnson, Kelly
From: Johnson, Kelly
Sent: Tuesday, February 03, 2015 3:17 PM
To: 'Jeff Whiting'
Cc: 'Samuel Potter; Alan Koch; BoB WMRA; Charles Dvorzsak; Charles Miller; 'Judith Patterson'
Subject: RE: Waterford State Stormwater Permit Meeting (SW8 020510)
Mr. Whiting,
The Waterford permittee has asked for an extension for their submittal in order to finalize some details. They plan to
submit by 2/16. 1 told Matt Haley, their engineer, that you all had hired Howard Resnick to assess the system on your
behalf. Hopefully the two of them can work together to ensure that everyone's needs are met as we move forward.
Thanks,
Kelly
From: Jeff Whiting [mailto:[e-mail]]
Sent: Friday, January 30, 2015 5:34 PM
To: Johnson, Kelly
Cc: 'Samuel Potter'; Alan Koch; BoB WMRA; Charles Dvorzsak; Charles Miller; 'Judith Patterson'
Subject: FW: Waterford State Stormwater Permit Meeting (SW8 020510)
Kelly,
Attached please find a preliminary report from our Storm Water Consultant regarding the functionality of the Waterford
Storm Water System.
We are very concerned about maintaining the recreational nature of our system as it is a primary amenity for our
community. As such we strongly oppose changing the minimum depth of our ponds from its original planned depth.
Because of extreme changes in water volume during fairly normal rain storms since November 2014, we are also very
concerned with the actual operation and designed flow and overflow for our system.
We appreciate you consideration of our position in your review and request to be kept apprised at each step of the
process. We strongly desire to be an engaged participant in the certification process.
Jeff whirtw�
CAPT, USN (ret.), MBA
Association Manager
CEPCO
Consolidated Estate and Property
Control Corporation
1628 Doctors Circle
Wilmington, North Carolina 28401
[phone] Direct
[phone] Ext. 2335 Office
[phone] Fax
'roll Free Number [phone]

j eff(a,cepco-nc. com
CONSOLIDATED ESTATE & PROPERTY CONTROL CORP. (CEPCO) INTERNET E-MAIL CONFIDENTIALITY STATEMENT: The information contained in this
transmission (including any attached files) is CONFIDENTIAL and is intended only for the person(s) named above. If you received this transmission in error,
please delete it from your system and notify us immediately. If you are not an intended recipient, please note that any use or dissemination of the information
contained in this transmission (including any attached files) and the copying, printing, or retransmission of that information is strictly prohibited. You can notify us
by return e-mail. Thank you.
From: Howard Resnik[mai Ito: howard(cbcoastalsitedesig n.com]
Sent: Friday, January 30, 2015 3:34 PM
To: Jeff Whiting
Cc: 'Samuel Potter'; 'Judith Patterson'
Subject: RE: Waterford State Stormwater Permit Meeting (SW8 020510)
Jeff,
Please review the attached and let me know your thoughts. I can revise if necessary.
Howard Resnik, PE, LEED`' AP
Coastal Site Design, PC
3805 Cherry Avenue
Wilmington, NC 28403
910 791 4441 office
910 540 0959 mobile
910 791 1501 fax
www.coastalsitedesian.com
It is the professional opinion of Coastal Site Design, PC that this electronic information provides design information current as of the date of its release. It
is the responsibility of the receiver of this document to examine it and determine whether it is the information requested. In the deliverance of this file we
make no promise as to the usability or compatibility of this file. This file shall not be considered a certified document.
From: Jeff Whiting [mailto:[e-mail]]
Sent: Monday, January 12, 2015 12:31 PM
To:'Howard Resnik'
Cc:'Samuel Potter'; 'Judith Patterson'
Subject: RE: Waterford State Stormwater Permit Meeting (SW8 020510)
Howard,
Your statement of work is broad enough to cover all of our concerns. I did add that we are only currently authorizing
$1000 as item #13.
Here are the major items that we are concerned with:
1) This contract is initial approved not to exceed $1000; work done in excess of that amount needs written
approval from WMRA via CEPCO.
2) Time is of the essence in providing this information. Submission of this evaluation on behalf of WMRA must
meet the DENR requirement for the permit holder to be considered as part of their evaluation. WMRA would
like to review the material to be submitted not later than January 28, 2015.

3) Is it possible to verify if the installed overflow valves are functioning properly? Access to the keys is available
from CEPCO.
4) Comments should address if the recommended changes are to the detriment of the Storm Water system's
recreational use as a boating and fishing amenity of the Waterford community.
We feel that reducing the depth of the water will accelerate the worsen condition of the water first by increasing water
temperature, then reducing oxygen, increasing weed growth, damaging fish habitat and essentially killing the ecology of
the canals which would ruin the concept of Waterford. I don't know if his evaluation can predict such outcomes, or if we
can ask for such predictions, but they would be helpful.
Let me know when you want to be on site and I will coordinate getting our local experts to meet with you.
Jeff ► �
CAPT, USN (ret.), MBA
Association Manager
CEPCO
Consolidated Estate and Property
Control Corporation
1628 Doctors Circle
Wilmington, North Carolina 28401
[phone] Direct
[phone] Ext. 2335 Office
[phone] Fax
Toll Free Number [phone]
i effacgpco-nc. com
CONSOLIDATED ESTATE & PROPERTY CONTROL CORP. (CEPCO) INTERNET E-MAIL CONFIDENTIALITY STATEMENT: The information contained in this
transmission (including any attached files) is CONFIDENTIAL and is intended only for the person(s) named above. If you received this transmission in error,
please delete it from your system and notify us immediately. If you are not an intended recipient, please note that any use or dissemination of the information
contained in this transmission (including any attached files) and the copying, printing, or retransmission of that information is strictly prohibited. You can notify us
by return e-mail. Thank you.
From: Howard Resnik[mailto:howardC&coastalsitedesign.com]
Sent: Tuesday, January 06, 2015 1:41 PM
To: Jeff Whiting
Cc: 'Samuel Potter'; 'Judith Patterson'
Subject: RE: Waterford State Stormwater Permit Meeting (SW8 020510)
Jeff,
it was good speaking with Dr. Patterson and you last week. Attached please find the engagement letter we discussed.
Please let me know if you have any questions or comments. Thanks for the opportunity to assist.
Sincerely,

Howard Resnik. PE, LEED' AP
Coastal Site Design, PC
3805 Cherry Avenue
Wilmington, NC 28403
910 791 4441 office
910 540 0959 mobile
910 791 1501 fax
www.coastalsitedesign.com
It is the professional opinion of Coastal Site Design, PC that this electronic; information provides design information current as of the.date of its release. It
is the responsibility of the receiver of this document to examine it and determine whether it is the information requested. In the deliverance of this 1..1e we
make no promise as to the usability or comp-atibility of this fle. This file shall not be considered a certified document.
From: Jeff Whiting [mailto:[e-mail]]
Sent: Friday, January 02, 2015 9:41 AM
To: 'howard @coastalsitedesign.com'
Cc:'Samuel Potter'; Judith Patterson
Subject: FW: Waterford State Stormwater Permit Meeting (SW8 020510)
Howard,
I have attached the Notice of Deficiency sent by DENR to Bert Exum regarding the Waterford Storm Water Permit (SW8
020510). The email string below summarizes a meeting with Cape Fear Engineering and Kelly Johnson, DENR, to plan a
resolution to the deficiency.
We are concerned about the proposed change in depth. Currently the acidity in a significant portion of our canals is not
conducive to fish, and we are having significant growth of bladderwort (that appears to worsen each year).
We are also concerned with the water level rise that is occurring from rainfalls such as the approximately 5 inches
received on 12/24/14. One pond had a vertical rise of nearly 5 feet which brought the water levels close to 15 feet up
the lawns. This is detrimental to the landscaping and pulls silt into the waterways. I have attached pictures of the
primary overflow at Osprey Lake where the water level rose above the sides of the corrugate pipe (approximately two
feet) and overflowed the banks beyond the area prepared with rip rap as a natural overflow.
Please send your proposal to me at this email. It should be billed to:
Waterford Master Residential Association (WMRA)
c/o CEPCO
1628 Doctors Circle
Wilmington, NC 28401
If you need to contact me by phone, call my cell phone at 910-612-3091.
Jeff whiv-*1,0,
CAPT,1_SN (ret.), MBA
Association Manager
CEPCO
Consolidated Estate and Property
Control Corporation
1628 Doctors Circle

Wilmington, North Carolina 28401
[phone] Direct
[phone] Ext. 2335 Office
[phone] Fax
Toll Free Number (855) 266-41.28
[e-mail]
CONSOLIDATED ESTATE & PROPERTY CONTROL CORP. (CEPCO) INTERNET E-MAIL CONFIDENTIALITY STATEMENT: The information contained in this
transmission (including any attached files) is CONFIDENTIAL and is intended only for the person(s) named above. If you received this transmission in error,
please delete it from your system and notify us immediately. If you are not an intended recipient, please note that any use or dissemination of the information
contained in this transmission (including any attached files) and the copying, printing, or retransmission of that information is strictly prohibited. You can notify us
by return e-mail. Thank you.
From: Samuel Potter [mailto:[e-mail]
Sent: Saturday, December 20, 2014 12:45 PM
To: Judith Patterson; Jeff Whiting
Subject: Fwd: Waterford State Stormwater Permit Meeting (SW8 020510)
Dr. Patterson and Jeff,
Please see email from Kelly Johnson, reporting on the results of the meeting with Cape Fear Engineering. I am
out of the office until the 29th, but regularly check email and will be available on my cell starting on December
24th. If I don't talk to you before, I hope you both enjoy the holidays.
Thanks
Sam
---------- Forwarded message ----------
From: Johnson, Kelly <kelly.p Johnson _,ncdenr.gov>
Date: Thu, Dec 18, 2014 at 11:56 AM
Subject: Waterford State Stormwater Permit Meeting (SW8 020510)
To: Perry Davis <perrydavis _,capefearengineering coin>, Matt Haley <matt.haleyncapefearengineering.com>
Cc: Samuel Potter <sam(a,bpplawfirm.com>, "Weaver, Cameron" <cameron.weaver(a,ncdenr.gov>
Perry & Matt,
Thanks for meeting today. I think we have laid a good path to getting these issues resolved. I wanted to send
out a quick summary of the meeting for the file.
1. The estimated submittal time for the modification is late January 2015. The modification will update the
plans to show the various tract and lot line changes as well as other changes to the plans affecting the
stormwater system.
a. The most significant proposed changes to the inter -connected system of 14 ponds is to
change the minimum depth from Eft to aft. I understand from the discussion at the meeting that
this pond was permitted as an alternative/innovative design, and that the standard 1.0"/1.5" and
SA/DA table sizing was not used. The pond was instead designed for the —4" storm so that it
could hold (to the best ability of recollection at the meeting) the 25yr storm above the PP
elevation. In order to decrease the depth from 6ft to 3ft minimum, it will have to allow for an
adequate sediment accumulation depth so that the pond can continue to function as sediment

accumulates. The maintenance agreement will also have be updated as necessary. We will also
have to ensure that the inlet/outlet pipes between ponds are not situated below a "safe" elevation
for expected sediment accumulation. The intent of the alternative/innovative design (-4" & 25yr
storm) will have to be preserved as well. Please demonstrate that that is the case in the
modification package submittal. If the original design intent is not preserved or if sediment
cannot be adequately handled then we will have to discuss the depth reduction further.
b. Another significant change is that an adjacent area that was previously unpermitted maybe
added to the project area and drain to the ponds. It is believed that the ponds can accommodate
the adjacent area. This new area will be permitted under the 2008 rule rather than the 1995 rule.
But, the effect on the pond's design should be negligible given the fact that it is already designed
for the 4" storm.
c. Another item to note is that The Reserve (SW8 030710) is a residential section, but it is set
up as an offsite permit because it was sold to an entity other than the SW8 020510 permittee for
development. It therefore holds its own separate permit to drain offsite to SW8 020510.
d. A third emergency outlet will be added in Pond 14.
e. Since all of the ponds share a communal impervious allocation amount it is not necessary to
tally the impervious draining to each of the 14 ponds. Some of the impervious area previously
allocated will change. For instance, the clubhouse area will increase from 1,500sf impervious to
6,500sf impervious. But, the total amount of impervious allocated for the entire project will be
within the amount previously shown to be accommodated by the pond system. A running total
will be summarized in the master table. The master table will be updated over time as changes
are made such as adding new commercial offsite lot owners with their respective permits.
f. Recorded deed restrictions will be submitted. The master table summary will summarize this
data. The table needs to be updated to reflect the fact that the lot numbers currently permitted
differ from the lot numbers recorded in some sections. The plans denote both the original lot
number for State Stormwater as well as the lot number for the recorded deed restrictions. We
need to have this data summarized in a format that homeowners and commercial lot owners can
understand it. For instance, the Division needs to be able to tell a homeowner the amount of
BUA that is allocated to his/her lot and the book/page that number is recorded on.
g. I gave Cape Fear Engineering and Bert Exum a copy of Samuel Potter's 12/18/14 email
summarizing the HOA's primary concerns in the subdivision so that those concerns can be
considered while the project modification is being proposed and also during the upcoming PE
Certification. Most of the concerns are in regard to sediment accumulation, or potential impacts
of sediment accumulation in the ponds. He also brings up a missing drainage valve for Pond 10,
a potential issue with a recirculation pump between Pond 8 & 10, and differing elevations for the
two emergency outlets.
2. Once the permit is modified to reflect the current site conditions, Cape Fear Engineering will submit the PE
Certifications required by the permit. The system cannot be certified until the project is modified because the
site does not currently match all of the permitted conditions.
3. The maintenance and other issues identified in Mr. Potter's 12/18/14 email will be considered throughout
the process. Items highlighted in the email as well as any others that Cape Fear Engineering identifies as they
work to modify and certify the system will be completed prior to a re -inspection to determine a compliant
status.

Thanks & have a great holiday,
Kelly
K.eLLjohVusem,
Kelly Johnson
Environmental Engineer
NC Division of Energy, Mineral and Land Resources
Stormwater Permitting
127 Cardinal Drive Extension
Wilmington, NC 28405-3845
Office: 910.796.7331
Fax:[phone]
Samuel B. Potter
Potter & Phillips, LLP
232 Causeway Drive, Suite lA
Wrightsville Beach, NC 28480
Phone: [phone]
Cell: [phone]
Fax: [phone]
Confidentiality Notice:
This message is being sent by or on behalf of a lawyer. It is intended exclusively for the individual or entity to
which it is addressed. This communication may contain information that is proprietary, privileged
or confidential or otherwise legally exempt from disclosure. If you are
not the named addressee, you are not authorized to read, print, retain, copy or
disseminate this message or any part of it. If you have received this
message in error, please notify the sender immediately by e-mail and delete all copies of the message.

Johnson, Kelly
From: Johnson, Kelly
Sent: Monday, February 02, 20151:19 PM
To: 'Matt Haley
Cc: 'Maria Jones; 'Perry Davis'
Subject: RE: Waterford State Stormwater Permit Meeting (SW8 020510)
Matt,
I am just checking in on this one. Has this package been submitted? (It may still be with admin if it is in-house.) I also
wanted to make you aware that the Waterford HOA has hired an engineer to assess the system on their behalf, Howard
Resnick of Coastal Site Design. It does not sound like they want to decrease the depths of the ponds.
Thanks,
KJ
From: Johnson, Kelly
Sent: Tuesday, January 06, 2015 10:32 AM
To: 'Matt Haley'
Cc: Maria Jones; Perry Davis
Subject: RE: Waterford State Stormwater Permit Meeting (SW8 020510)
Matt,
If you all are in agreement with my summary from 12/18/14, then I think this will suffice.
Thanks,
KJ
From: Matt Haley [mailto:matt. haleyalcapefearengineering.com1
Sent: Monday, January 05, 2015 11:20 AM
To: Johnson, Kelly
Cc: Maria Jones; Perry Davis
Subject: RE: Waterford State Stormwater Permit Meeting (SW8 020510)
Kelly,
I just left you a voicemail on this too. Will the December 18th, 2014 Scoping Meeting and your below summary email be
sufficient for a Written Plan of Action in response to your December 4, 2014 Notice of Deficiency letter for Waterford? If
not, please let me know and we can provide something more formal.
Thanks,
Matthew T. Haley - PE, LECD Green Associate
CAPE FEAR
ENGINEERING
From: Johnson, Kelly [mailto:kelly.p.johnson(ibncdenrgov1
Sent: Thursday, December 18, 2014 11:56 AM
To: Perry Davis; Matt Haley
Cc: Samuel Potter; Weaver, Cameron
Subject: Waterford State Stormwater Permit Meeting (SW8 020510)

Perry & Matt,
Thanks for meeting today. I think we have laid a good path to getting these issues resolved. I wanted to send out a
quick summary of the meeting for the file.
1. The estimated submittal time for the modification is late January 2015. The modification will update the plans
to show the various tract and lot line changes as well as other changes to the plans affecting the stormwater
system.
a. The most significant proposed changes to the inter -connected system of 14 ponds is to change the
minimum depth from 6ft to 3ft. 1 understand from the discussion at the meeting that this pond was
permitted as an alternative/innovative design, and that the standard 1.0"/1.5" and SA/DA table sizing
was not used. The pond was instead designed for the —4" storm so that it could hold (to the best ability
of recollection at the meeting) the 25yr storm above the PP elevation. In order to decrease the depth
from 6ft to 3ft minimum, it will have to allow for an adequate sediment accumulation depth so that the
pond can continue to function as sediment accumulates. The maintenance agreement will also have be
updated as necessary. We will also have to ensure that the inlet/outlet pipes between ponds are not
situated below a "safe" elevation for expected sediment accumulation. The intent of the
alternative/innovative design (-4" & 25yr storm) will have to be preserved as well. Please demonstrate
that that is the case in the modification package submittal. If the original design intent is not preserved
or if sediment cannot be adequately handled then we will have to discuss the depth reduction further.
b. Another significant change is that an adjacent area that was previously unpermitted may be added to
the project area and drain to the ponds. It is believed that the ponds can accommodate the adjacent
area. This new area will be permitted under the 2008 rule rather than the 1995 rule. But, the effect on
the pond's design should be negligible given the fact that it is already designed for the 4" storm.
c. Another item to note is that The Reserve (SW8 030710) is a residential section, but it is set up as an
offsite permit because it was sold to an entity other than the SW8 020510 permittee for development.
It therefore holds its own separate permit to drain offsite to SW8 020510.
d. A third emergency outlet will be added in Pond 14.
e. Since all of the ponds share a communal impervious allocation amount it is not necessary to tally the
impervious draining to each of the 14 ponds. Some of the impervious area previously allocated will
change. For instance, the clubhouse area will increase from 1,500sf impervious to 6,500sf impervious.
But, the total amount of impervious allocated for the entire project will be within the amount
previously shown to be accommodated by the pond system. A running total will be summarized in the
master table. The master table will be updated over time as changes are made such as adding new
commercial offsite lot owners with their respective permits.
f. Recorded deed restrictions will be submitted. The master table summary will summarize this data. The
table needs to be updated to reflect the fact that the lot numbers currently permitted differ from the lot
numbers recorded in some sections. The plans denote both the original lot number for State
Stormwater as well as the lot number for the recorded deed restrictions. We need to have this data
summarized in a format that homeowners and commercial lot owners can understand it. For instance,
the Division needs to be able to tell a homeowner the amount. of BUA that is allocated to his/her lot and
the book/page that number is recorded on.
g. I gave Cape Fear Engineering and Bert Exum a copy of Samuel Potter's 12/18/14 email summarizing the
HOA's primary concerns in the subdivision so that those concerns can be considered while the project
modification is being proposed and also during the upcoming PE Certification. Most of the concerns are
in regard to sediment accumulation, or potential impacts of sediment accumulation in the ponds. He
also brings up a missing drainage valve for Pond 10, a potential issue with a recirculation pump between
Pond 8 & 10. and differing elevations for the two Pmergency outlets.
2. Once the permit is modified to reflect the current site conditions, Cape Fear Engineering will submit the PE
Certifications required by the permit. The system cannot be certified until the project is modified because the
site does not currently match all of the permitted conditions.
2

3. The maintenance and other issues identified in Mr. Potter's 12/18/14 email will be considered throughout the
process. Items highlighted in the email as well as any others that Cape Fear Engineering identifies as they work
to modify and certify the system will be completed prior to a re -inspection to determine a compliant status. .
Thanks & have a great holiday,
Kelly
k.eLL�jokwsow
Kelly Johnson
Environmental Engineer
NC Division of Energy, Mineral and Land Resources
Stormwater Permitting
127 Cardinal Drive Extension
Wilmington, NC 28405-3845
Office: 910.796.7331
Fax: [phone]

STATE OF NORTH CAROLINA
Department of Environmental and Natural Resources
127 Cardinal Drive Extension
Wilmington, North Carolina 28405
[phone]
FILE ACCESS RECORD
SECTION'S S'
T)MEMATE W : A /h ,2
NAME
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. Please read
carefully the following guidelines signing the form:
1. Due to the large public demand for file access, we request that youcall at least a day in
advance to schedule an appointment to review the files. Abpoiutments will be scheduled
between 9:00am and 3:00ym. Viewing time ends at 4:45pm. Anyone arriving without an
appointment may view the files to the extent that time and'staff supervision is available.
2. You must specify files you want to review by facility name. The number of files that you
may review at one time 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.
Cow per copy is $.05 cents. Payment may be made by check honey order, or cash at the
reception desk. Copies totaline $5.00 or more can be invoiced for your convenience,
4. FILES MUST BE KEPT IN ORDER YOU FOUNT) THEIVL Files may not be taken from
the office. 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, large totes, etc. are
permitted 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
2.
COUNTY
W_
4.
Signature and Name of FirmMusiness Date Time In Time Out
Please attach a business card to this form
,C]OPIE. S MADE PA , R-TVoicP
S AdrninBe access

Johnson, Kelly
From: Judith Patterson [[e-mail]]
Sent: Saturday, January 31, 201512:51 PM
To: Jeff Whiting; Johnson, Kelly
Cc: 'Samuel Potter; Alan Koch; BoB WMRA; Charles Dvorzsak; Charles Miller
Subject: Re: Waterford State Stormwater Permit Meeting (SW8 020510)
Dear Board,
Please do not forward or discuss this report outside the board until we have a chance to discuss it and see how our lawyer plans
to use it.
Thanks, Judy
On Friday, January 30, 2015 5:37 PM, Jeff Whiting <[e-mail]> wrote:
Kelly,
Attached please find a preliminary report from our Storm Water Consultant regarding the functionality of the
Waterford Storm Water System.
We are very concerned about maintaining the recreational nature of our system as it is a primary amenity for
our community. As such we strongly oppose changing the minimum depth of our ponds from its original
planned depth. Because of extreme changes in water volume during fairly normal rain storms since November
2014, we are also very concerned with the actual operation and designed flow and overflow for our system.
VVe appreciate you consideration of our position in your review and request to le kept apprised at each step of
the process. We strongly desire to be an engaged participant in the certification process.
Jeff Whiting
CAPT, USN (ret.), MBA
Association Manager
CEPCO
Consolidated Estate and Property
Control Corporation
1628 Doctors Circle
Wilmington, North Carolina 28401
[phone] Direct
[phone] Ext. 2335 Office
[phone] Fax
Toll Free Number [phone]
Lff(cDceaco-nc.com
CONSOLIDATED ESTATE & PROPERTY CONTROL CORP. (CEPCO) INTERNET E-MAIL CONFIDENTIALITY STATEMENT: The information contained in this
transmission (including any attached files) is CONFIDENTIAL and is intended only for the person(s) named above. If you .received this transmission in error,
please delete it from your system and notify us immediately. If you are not an intended recipient, please note that any use or dissemination of the information
contained in this transmission (including any attached files) and the copying, printing, or retransmission of that information is strictly prohibited. You can notify us
by return e-mail. Thank you.
From: Howard Resnik[mailto:[e-mail]]
Sent: Friday, January 30, 2015 3:34 PM
To: Jeff Whiting
Cc: 'Samuel Potter; 'Judith Patterson'
Subject: RE: Waterford State Stormwater Permit Meeting (SW8 020510)
Jeff,

Johnson, Kelly
From: Jeff Whiting [[e-mail]]
Sent: Friday, January 30, 2015 5:34 PM
To: Johnson, Kelly
Cc: 'Samuel Potter; Alan Koch; BoB WMRA; Charles Dvorzsak; Charles Miller; 'Judith Patterson'
Subject: FW: Waterford State Stormwater Permit Meeting (SW8 020510)
Attachments: CSD Waterford_Stormwater Assessment 1-30-15.pdf
Kelly,
Attached please find a preliminary report from our Storm Water Consultant regarding the functionality of the Waterford
Storm Water System.
We are very concerned about maintaining the recreational nature of our system as it is a primary amenity for our
community. As such we strongly oppose changing the minimum depth of our ponds from its original planned depth.
Because of extreme changes in water volume during fairly normal rain storms since November 2014, we are also very
concerned with the actual operation and designed flow and -overflow for our system.
We appreciate you consideration of our position in your review and request to be kept apprised at each step of the
process. We strongly desire to be an engaged participant in the certification process.
J�efwhir"10,
CAPT, USN (ret.), MBA
Association Manager
CEPCO
Consolidated Estate and Property
Control Corporation
1628 Doctors Circle
Wilmington, North Carolina 28401
[phone] Direct
[phone] Ext. 2335 Office
[phone] Fax
Toll Free Number [phone]
[e-mail]
CONSOLIDATED ESTATE & PROPERTY CONTROL CORP. (CEPCO) INTERNET E-MAIL CONFIDENTIALITY STATEMENT: The information contained in this
transmission (including any attached files) is CONFIDENTIAL and is intended only for the person(s) named above. If you received this transmission in error,
please delete it from your system and notify us immediately. If you are not an intended recipient, please note that any use or dissemination of the information
contained in this transmission (including any attached files) and the copying, printing, or retransmission of that information is strictly prohibited. You can notify us
by return e-mail. Thank you.
From: Howard Resnik[mailto:[e-mail]]
Sent: Friday, January 30, 2015 3:34 PM
To: Jeff Whiting
Cc: 'Samuel Potter'; 'Judith Patterson'
Subject: RE: Waterford State Stormwater Permit Meeting (SW8 020510)
Jeff,

Please review the attached and let me know your thoughts. I can revise if necessary.
Howard Resnik, PE, LEED` I AP
Coastal Site Design, PC
3805 Cherry Avenue
Wilmington, NC 28403
910 7914441 office
910 540 0959 mobile
910 791 1501 fax
www.coastalsitedes ign.com
It is the professional opinion of Coastal Site Design, PC that this electronic information provides design information current as of the date of its release. It
is the responsibility of the receiver of this document to examine it and determine whether it is the information requested. In the deliverance of this file we
make no promise as to the usability or compatibility of this file. This file shall not be considered a certified document.
From: Jeff Whiting [mailto:[e-mail]
Sent: Monday, January 12, 201512:31 PM
To:'Howard Resnik'
Cc:'Samuel Potter'. 'Judith Patterson'
Subject: RE: Waterford State Stormwater Permit Meeting (SW8 020510)
Howard,
Your statement of work is broad enough to cover all of our concerns. I did add that we are only currently authorizing
$1000 as item #13.
Here are the major items that we are concerned with:
1) This contract is initial approved not to exceed $1000; work done in excess of that amount needs written
approval from WMRA via CEPCO.
2) Time is of the essence in providing this information. Submission of this evaluation on behalf of WMRA must
meet the DENR requirement for the permit holder to be considered as part of their evaluation. WMRA would
like to review the material to be submitted not later than January 28, 2015.
3) Is it possible to verify if the installed overflow valves are functioning properly? Access to the keys is available
from CEPCO.
4) Comments should address if the recommended changes are to the detriment of the Storm Water system's
recreational use as a boating and fishing amenity of the Waterford community.
We feel that reducing the depth of the water will accelerate the worsen condition of the water first by increasing water
temperature, then reducing oxygen, increasing weed growth, damaging fish habitat and essentially killing the ecology of
the canals which would ruin the concept of Waterford. I don't know if his evaluation can predict such outcomes, or if we
can ask for such predictions, but they would be helpful.
Let me know when you want to be on site and I will coordinate getting our local experts to meet with you.

Jae fw11r'mlw
CAPT, USN (ret.), MBA
Association Manager
CEPCO
Consolidated Estate and Property
Control Corporation.
1628 Doctors Circle
Wilmington, North Carolina 28401
[phone] Direct
[phone] Ext. 2335 Office
[phone] Fax
Toll Free Number [phone]
jeff@,cgpco-nc.com
CONSOLIDATED ESTATE & PROPERTY CONTROL CORP. (CEPCO) INTERNET E-MAIL CONFIDENTIALITY STATEMENT: The information contained in this
transmission (including any attached files) is CONFIDENTIAL and is intended only for the person(s) named above. If you received this transmission in error,
please delete it from your system and notify us immediately. If you are not an intended recipient, please note that any use or dissemination of the information
contained in this transmission (including any attached files) and the copying, printing, or retransmission of that information is strictly prohibited. You can notify us
by return e-mail. Thank you.
From: Howard Resnik[mailto:howardC&coastalsitedesign.coml
Sent: Tuesday, January 06, 2015 1:41 PM
To: Jeff Whiting
Cc- 'Samuel Potter'; 'Judith Patterson'
Subject: RE: Waterford State Stormwater Permit Meeting (SW8 020510)
Jeff,
It was good speaking with Dr. Patterson and you last week. Attached please find the engagement letter we discussed.
Please let me know if you have any questions or comments. Thanks for the opportunity to assist.
Sincerely,
Howard Resnik, PE, LEEDO' AP
Coastal Site Design, PC
3805 Cherry Avenue
Wilmington, NC 28403
910 791 4441 office
910 540 0959 mobile
910 791 1501 fax
www.coastalsitedesi-qn.com
It is the professional opinion of Coastal Site Design, PC that this electronic information provides design information current as of the date of its release. It
is the responsibility of the receiver of this document to examine it and determine whether it is the information requested. In the deliverance of this file w
make no promise as to the usability or compatibility of this file. This file shall not be considered a certified document.
From: Jeff Whiting [mailto:[e-mail]]
Sent: Friday, January 02, 2015 9:41 AM

To: '[e-mail]'
Cc:'Samuel Potter; Judith Patterson
Subject: FW: Waterford State Stormwater Permit Meeting (SW8 020510)
Howard,
I have attached the Notice of Deficiency sent by DENR to Bert Exum regarding the Waterford Storm Water Permit (SW8
020510). The email string below summarizes a meeting with Cape Fear Engineering and Kelly Johnson, DENR, to plan a
resolution to the deficiency.
We are concerned about the proposed change in depth. Currently the acidity in a significant portion of our canals is not
conducive to fish, and we are having significant growth of bladderwort (that appears to worsen each year).
We are also concerned with the water level rise that is occurring from rainfalls such as the approximately 5 inches
received on 12/24/14. One pond had a vertical rise of nearly 5 feet which brought the water levels close to 15 feet up
the lawns. This is detrimental to the landscaping and pulls silt into the waterways. I have attached pictures of the
primary overflow at Osprey Lake where the water level rose above the sides of the corrugate pipe (approximately two
feet) and overflowed the banks beyond the area prepared with rip rap as a natural overflow.
Please send your proposal to me at this email. It should be billed to:
Waterford Master Residential Association (WMRA)
c/o CEPCO
1628 Doctors Circle
Wilmington, NC 28401
If you need to contact me by phone, call my cell phone at 910-612-3091.
jeff whivelixg,
CAPT, USN (ret.), MBA
Association Manager
CEPCO
Consolidated Estate and :Property
Control Corporation
1628 Doctors Circle
Wilmington, North. Carolina 28401.
[phone] Direct
[phone] Ext. 2335 Office
[phone] Fax
Toll Free Number [phone]
jeff2cepco-nc.com
CONSOLIDATED ESTATE & PROPERTY CONTROL CORP. (CEPCO) INTERNET E-MAIL CONFIDENTIALITY STATEMENT: The information contained in this
transmission (including any attached files) is CONFIDENTIAL and is intended only for the person(s) named above. If you received this transmission in error,
please delete it from your system and notify us immediately. If you are not an intended recipient, please note that any use or dissemination of the information
contained in this transmission (including any attached files) and the copying, printing, or retransmission of that information is strictly prohibited. You can notify us
by return e-mail. Thank you.
From: Samuel Potter [mailto:sam(abbpplawl=trm.com]
Sent: Saturday, December 20, 2014 12:45 PM
To: Judith Patterson; Jeff Whiting
Subject: Fwd: Waterford State Stormwater Permit Meeting (SW8 020510)

Dr. Patterson and Jeff,
Please see email from Kelly Johnson, reporting on the results of the meeting with Cape Fear Engineering. I am
out of the office until the 29th, but regularly check email and will be available on my cell starting on December
24th. If I don't talk to you before, I hope you both enjoy the holidays.
Thanks
Sam
---------- Forwarded message ----------
From: John -son, Kelly <kelly.p.johnson pcdenr.gov>
Date: Thu, Dec 18, 2014 at 11:56 AM
Subject: Waterford State Stormwater Permit Meeting (SW8 020510)
To: Perry Davis <pg davis(&capefearen 'n� eering com>, Matt Haley <matt.haley@capefearen 'neering com>
Cc: Samuel Potter <sam(a�bpplawfrm.com>, "Weaver, Cameron" <cameron.weaver a,ncdenr.gov>
Perry & Matt,
Thanks for meeting today. I think we have laid a good path to getting these issues resolved. I wanted to send
out a quick summary of the meeting for the file.
1. The estimated submittal time for the modification is late January 2015. The modification will update the
plans to show the various tract and lot line changes as well as other changes to the plans affecting the
stormwater system.
a. The most significant proposed changes to the inter -connected system of 14 ponds is to
change the minimum depth from 6ft to 3ft. I understand from the discussion at the meeting that
this pond was permitted as an alternativehnnovative design, and that the standard 1.0"/1.5" and
SA/DA table sizing was not used. The pond was instead designed for the —4" storm so that it
could hold (to the best ability of recollection at the meeting) the 25yr storm above the PP
elevation. In order to decrease the depth from 6ft to 3ft minimum, it will have to allow for an
adequate sediment accumulation depth so that the pond can continue to function as sediment
accumulates. The maintenance agreement will also have be updated as necessary. We will also
have to ensure that the inlet/outlet pipes between ponds are not situated below a "safe" elevation
for expected sediment accumulation. The intent of the alternative/innovative design (-4" & 25yr
storm) will have to be preserved as well. Please demonstrate that that is the case in the
modification package submittal. If the original design intent is not preserved or if sediment
cannot be adequately handled then we will have to discuss the depth reduction further.
b. Another significant change is that an adjacent area that was previously unpermitted may be
added to the project area and drain to the ponds. It is believed that the ponds can accommodate
the adjacent area. This new area will be permitted under the 2008 rule rather than the 1995 rule.
But, the effect on the pond's design should be negligible given the fact that it is already designed
for the 4" storm.
c. Another item to note is that The Reserve (SW8 030710) is a residential section, but it is set
up as an offsite permit because it was sold to an entity other than the SW8 020510 permittee for
development. It therefore holds its own separate permit to drain offsite to SW8 020510.

d. A third emergency outlet will be added in Pond 14.
e. Since all of the ponds share a communal impervious allocation amount it is not necessary to
tally the impervious draining to each of the 14 ponds. Some of the impervious area previously
allocated will change. For instance, the clubhouse area will increase from 1,500sf impervious to
6,500sf impervious. But, the total amount of impervious allocated for the entire project will be
within the amount previously shown to be accommodated by the pond system. A running total
will be summarized in the master table. The master table will be updated over time as changes
are made such as adding new commercial offsite lot owners with their respective permits.
f. recorded deed restrictions will be submitted. The master table summary will summarize this
data. The table needs to be updated to reflect the fact that the lot numbers currently permitted
differ from the lot numbers recorded in some sections. The plans denote both the original lot
number for State Stormwater as well as the lot number for the recorded deed restrictions. We
need to have this data summarized in a format that homeowners and commercial lot owners can
understand it. For instance, the Division needs to be able to tell a homeowner the amount of
BUA that is allocated to his/her lot and the book/page that number is recorded on.
g. I gave Cape Fear Engineering and Bert Exum a copy of Samuel Potter's 12/18/14 email
summarizing the HOA's primary concerns in the subdivision so that those concerns can be
considered while the project modification is being proposed and also during the upcoming PE
Certification. Most of the concerns are in regard to sediment accumulation, or potential impacts
of sediment accumulation in the ponds. He also brings up a missing drainage valve for Pond 10,
a potential issue with a recirculation pump between Pond 8 & 10, and differing elevations for the
two emergency outlets.
2. Once the permit is modified to reflect the current site conditions, Cape Fear Engineering will submit the PE
Certifications required by the permit. The system cannot be certified until the project is modified because the
site does not currently match all of the permitted conditions.
3. The maintenance and other issues identified in Mr. Potter's 12/18/14 email will be considered throughout
the process. Items highlighted in the email as well as any others that Cape Fear Engineering identifies as they
work to modify and certify the system will be completed prior to a re -inspection to determine a compliant
status.
Thanks & have a great holiday,
Kelly
1- g"g .lw oil vusm,
Kelly Johnson
Environmental Engineer

NC Division of Energy, Mineral and Land Resources
Stormwater Permitting
127 Cardinal Drive Extension
Wilmington, NC 28405-3845
Office: 910.796.7331
Fax: [phone]
Samuel B. Potter
Potter & Phillips, LLP
232 Causeway Drive, Suite lA
Wrightsville Beach, NC 28480
Phone: [phone]
Cell: [phone]
Fax: [phone]
Confidentiality Notice:
This message is being sent by or on behalf of a lawyer. It is intended exclusively for the individual or entity to
which it is addressed. This communication may contain information that is proprietary, privileged
or confidential or otherwise legally exempt from disclosure. If you are
not the named addressee, you are not authorized to read, print, retain, copy or
disseminate this message or any part of it. If you have received this
message in error, please notify the sender immediately by e-mail and delete all copies of the message.

COASTAL SITE DESIGI
PO Box 4041
Wilmington, NC 28406
Phone: [phone]
Fax: [phone]
License # C-2710
January 30, 2015
Mr. Jeffery B. Whiting
Consolidated Estate and Property Control Corporation
1628 Doctors Circle
Wilmington, NC 28401
Re Waterford Subdivision Stormwater Assessment
Brunswick County
CSD Project No. 15-0334
Dear Mr. Whiting:
Tc-� err Tt1-r Tii�)
CKN w0 knKA �y D I� 6
TEc£P`t 1dN
�Z CKID nnc) tp fC_ .
1)1�pywgl (ftASc5) used =nog �t
b fc. no+ Q'acc f c xr'y "
+VyLe (-T.Dd GX Qjr(k)
4)1 wr,&d iu►1wak4_ elm•
�k'2a e, /Y1tXvtfA AVLK
s�4L �mds mokc�d { -
- wece Ih W4 • ccoau( P� pQS
BSc 5 horn `?
• O ke oe 4n1tctt 5+pivne
Per yo -Wed copies of the stormwater management cal(
provie r elm S ►91 L : ��ssible design related causes
withit 1V later Management
syste! v 4� �� lS A.Jr
nded to store runof
even S �S • h �� no S'�y�/ ged into the irrigati(
infil' ? `'�'IPYZ,yVtt ge from the lake system during any storm event size up to the 25
yew s A connected throt ' ^ - -'------n-
wit, nately receiving n O%A-c
T1 �. C �o�' ent system, prepay C�_ rV\
Ej Y1v �-� { ad computer meths S
st �CsvC �) ,tem for the design s 2F 34duLe ('\4nAlott f)�ot 4HA
u b�K! �31a ry all design enginee No%() &giL1-r (il kkk"&UftC,�
we also use regularl; nA
its use in modeling 1 ®B� �kMdS
fed stormwater manag 4hR b(e RACAogfiwlq )
fed in design of the lal - M 94 1,5 th } Vle
ntk�i'.ve/ C�dtg.
Designing stonnwatei �a�.r_ faced in a series requir( o � �w 9� or1e55�
areas or watersheds tributary to each imp..,,,.-_ it. These models, calle
characteristics of the watershed to determine the flow, volume, and distri - hkodlr OoAfS
event within the watershed. Models of the stormwater impoundment are - %%Adlu- n.0CAAcL tVV\
precise size & volume of the pond as well as the precise physical feature;
hydrograph model are then routed through the pond model which produc
yielding maximum outflow and pond elevation as a result of the design storm. ror ponds ui suriab, uuwmuccuu cuvaa �xu
ponds are modeled and routed first producing maximum water elevations for the design storm which are then used as the
tailwater elevation for the outlet of the next upstream pond. This process is repeated, working upstream, until all areas
and ponds in the system are included in the overall model

Phone: [phone]
Fax: [phone]
License # C-2710
January 30, 2015
Mr. Jeffery B. Whiting
Consolidated Estate and Property Control Corporation
1628 Doctors Circle
Wilmington, NC 28401
Re Waterford Subdivision Stormwater Assessment
Brunswick County
CSD Project No. 15-0334
Dear Mr. Whiting:
Per your request, I have reviewed copies of the stormwater management calculations and design plans which you
provided in order to determine and/or identify possible design related causes of recent localized flooding experienced
within the Waterford Subdivision. The Waterford Stormwater Management System was designed as a non -discharge
system utilizing a series of man-made lakes or ponds intended to store runoff volumes generated by the 25 year storm
event. Runoff stored within the lake system is both charged into the irrigation system and also dissipated through
infiltration and evapotranspiration, providing no discharge from the lake system during any storm event size up to the 25
year storm. The lake system is comprised of 14 lakes, all connected through a system of pipes and overflow structures,
with Lake # 8 as the largest and most downstream, ultimately receiving runoff from the entire system.
The calculations provided for the stormwater management system, prepared by K. Davis Fennell, PE of Cape Fear
Engineering, Inc., were prepared using both manual and computer methods, utilizing spreadsheets and hydraulic
stormwater modeling software to analyze the lake system for the design storm event. These methods are both commonly
used industrywide and typically deemed acceptable by all design engineers and regulatory agencies. The hydraulic
software, called Hydraflow Hydrographs, is one that we also use regularly for our stormwater management system
designs, and as such, we are extremely familiar with its use in modeling large pond systems such as the one installed in
the Waterford Subdivision. In reviewing the provided stormwater management system calculations, our primary focus
was to analyze the methods and precise numbers used in design of the lake system.
Designing stormwater impoundments which are piaced in a series requires generation of hydraulic models for drainage
areas or watersheds tributary to each impoundment. These models, called hydrographs, utilize several physical
characteristics of the watershed to determine the flow, volume, and distribution of runoff produced during a design rainfall
event within the watershed. Models --f the stormwater impoundment area are also input into the software utilizing the
precise size & volume of the pond as well as the precise physical features of the outlet device. The results of the
hydrograph model are then routed through the pond model which produces final data on the function of the impoundment,
yielding maximum outflow and pond elevation as a result of the design storm. For ponds in series, downstream areas and
ponds are modeled and routed first producing maximum water elevations for the design storm which are then used as the
tailwater elevation for the outlet of the next upstream pond. This process is repeated, working upstream, until all areas
and ponds in the system are included in the overall model

Waterford Subdivision Stormwater Management System Assessment - Page 2
In reviewing the calculations, one possible cause of flooding discovered was the use of the Rational Method instead of the
SCS (Soil Conservation Service) method of generating hydrographs. Although the rational method is regularly used to
design stormwater management systems, it was not developed for utilization in preparation of hydraulic models, as it only
provides a peak flow rather than a distribution of flow over time. Additionally, the input of soils and time of
concentration are not as detailed as other methods. The SCS method utilizes soil type and slope of the watershed to
generate a more detailed model of the runoff, producing a runoff distribution over time which reflects the physical
characteristics of the watershed. Although the SCS method can sometimes be overly sensitive when used in smaller
drainage areas, it is routinely the most acceptable method of modeling stormwater management systems. In using the
Rational Method, the model may have not produced accurate results which may have contributed to flooding within the
subdivision.
A second possible cause of the flooding discovered in the calculations was the rounding of the tail water elevations. As
mentioned previously, the modeled design elevations of the ponds are used as the tail water elevation of the next upstream
pond model. This sets the starting hydraulic grade elevation in modeling how the outlet structure will function. In the
majority of the cases in the calculations, the tail water elevation used for any particular pond model was less than the
modeled 25 year storm maximum elevation of the downstream receiving impoundment. This could greatly increase the
maximum elevation of all ponds during an actual 25 year storm event, and could be a contributing factor to the flooding
which has taken place.
It was also noted that some of the ponds within the system were not modeled individually, but instead grouped together
with another impoundment and modeled as one. In a case where two or more ponds are connected by open pipes,
modeling the ponds as one pond would not be so critical, unless the connecting pipes were not sized properly to handle
the 25 year flow from one pond to the next. Alternately, there could be a significantly higher water elevation in a pond if
it has an outlet structure and was not modeled separately.
We also reviewed the historical rainfall data and attempted to correlate it with the approximate dates provided of the
flooding in the subdivision. In reviewing this data, it is clear that the 2010 flooding experienced was due to amounts of
precipitation which exceeded the design storm. However, the 2014 dates provided did not correspond with any significant
rainfall event. Any other design issues mentioned in the preceding paragraphs would have only exacerbated the flooding.
I have included below. the historical rainfall data which we obtained for the corresponding dates:
The. Record of Climatological Observations for the dates provided are as follows;
September 27, 2010
10.33 Inches of precipitation
September 28, 2010
1.96 Inches of precipitation
September 29, 2010
7.37 Inches of precipitation
September 30, 2010 =
2.29 Inches of precipitation
November 23, 2014 0.03 Inches of precipitation
December 24, 2014 = 0.10 Inches of precipitation
(See attached NOAA "The Record of Climatological Observations" Reports)
Finally, you asked my opinion concerning the current stormwater management permit holder's intentions to pursue a
modification allowing a reduced normal pool depth in the ponds. From my experience, this is an allowable modification
as long as the reduced depth calculations still fall within the minimum surface area to drainage area ratios. In pursuing
this modification, the developer is most likely attempting to avoid maintenance specified in the permit which requires
routine clean -out of sediment in the ponds and maintaining the permitted average depths. In order to preserve the
recreational amenity aspects of the stormwater management system as called out in the Design Narrative section of the
stormwater calculations, it is recommended that the ponds remain at their current permitted design depth. Pond depths at

Waterford Subdivision Stormwater Management System Assessment - Page 3
3 FT or less will most likely not support aquatic life and may hinder the ability to utilize the ponds for navigation in
canoes and kayaks. I encourage you to consult with another professional who specializes in aquatic life within coastal
North Carolina to confirm my thoughts on this subject.
We thank you for the opportunity to be involved in this project and look forward to assisting in any manner possible.
Please call or email me if you require any additional information or have any questions.
Sincerely,
Howard Resnik, PE, LEED® AP

S
m
�
c
ro
�
m
a
�
-
'o
c
g
IS
S.
m
�
c
�
a
c `m
� m
c d
Ewe
o
a
VE
a
W
tv
= C
CO.,y
_ yy y
O E
F
W U 7 C
d _ Q
r
o
0
0
0
0
01010
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
�-m W
i
a
c
dE
of•mc
a
L,
a
c
o
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
o
a
o
0
0
o
a
E
Q m
o
0
2�
N
ci
v
E C V
O
0
0
0
0
0
0
0
0
��pp
0
p
0
pp
0
p
0
0
0
0
0
0
0
0
0
0
0�
((pp
W
M
N
0
O
H
O
O
O
O
O
O
0
G
O
C
G
O
0
0
0101010
O
0
0
0
6
0
s-
r`
N
N
�jOa w m > m.- o c
a
c
m--Go
4)CR
_��
mW
�CDwwto
nm°�°�iomc00w
to Ito
moron(Dc`Oc.mnt°8�8-s
0
N "m
ln
n
GD
n
M
n
W
O
W
cD
m
m
ml
aa
07
W
ro
O
M
c0
O
W
m
c000
9
a20
0;
3Ni
rr`o
CO°f
0.D
W
m
N...
P
-
-��
D w a
r
r
r
r
E
N
M
a
N
W�
W
W
O
�
a--
N
M
T
cD
O
W
pp
N
N
N
N
M
N
a
N
W
N
W
N
n
N
W
N
W
N
O
M
P
W
2 O c - L
lom
110)
W
W
W
W
W
W
W
W
W
CDW
W
W
W
W
W
W
W
W
W
W
W
W
W
W
W
W
W
} m co0
0
0
0
0
0
0
0
0
0.o
O_
o_
0
0
0
0
0
0
0
Ol0
0
0
0 IF
0
0
0
0
0
N
0
N
0
N
o
N
O
"IN
O
o
N
0
N
0
N
0
N
0
N
0
N
o
N
O
N
O
N
O
N
O
N
o
N
0
N
0
N
0
N
0
N
0
N
0
N
0
N
o
N
O
N
o
N
0
N
0
N

aci
U
to
E
U
m
c
0
Z
d
g
u
�
co
8
E
F
c
O
fA
t
9
c
v
c�
90>
OU..,E
a
0co
> c
0
EWE
Q �O
°a
W
0 v 0
_ C E
E
N �
w
OE�c
0E
3�
�F
E,
v7 t
O
O
O
O
O
O
O
o
0
0
0
0
0
01010
0
0
0
0
0
0
.10
0
010
0
0
0
lL—a w
C
C Ew
di
E
_
=w c
ici
I's
°
c o
ti
0
0
0
0
0
0
0
0
o
a
o
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
k0'
c
0
0
0
0
0
0
0
0
0
0
o
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0.
°
a
E°E 2
°
d
0o
u_ —mos
x�
N
O:
E C
fD
S
S
S
S
0
0
0
O
O
S
O
O
M
O
O
O
O
O
O
{{pp
W
M
f�D
O
O
O
fm0
�+
o
0
0
0
0
0
0
0
F
o
c
0
o
F
60
o
o
0
o
o
o-
0
0
o
Momww->w -._oc
a
c c
v
L
pp��
%
c-n
C-n
-W
N
`NV
-
4
v
ai
IOq
�
M
m
�
�
fog
N
N
M
N
�
�p
`r$
INO
�
M
l09
M
m
v
0
N W
�
L�
La
pp
t°0
A
rz
N1(�
is
f+�10.10�p
2
O�
n
r
w
v�
N
Ln
W
r
tOO
rM-
N
pp
Y��
fOp
m
Ei
N
W
a
O
w
F.-f0
0O
eN
+�-
o
n
O
O
N
N
N
N
N
N
N
N
N
N
oo
M
O)
I�-
} a a
v
v
a
v
ala
v
v
v
v
v
v
v
v
v
v
0
N
0
N
0
N
0
N
0
N
0
N
0
N
0
N
0
N
o
N
a
N
o
N
0
N
0
N
0
N
0
N
0
N
o
N
0
N
0
N
0
N
0
N
0
N
0
N
0
N
0
N
0
N
0
N
0
N
0
N
a �d--E•-c m..�.

a
C
Oa
:F. c
A e
E o
o m m
a
m
EiOW
.p o .F
o `
S _& o
O•p$
o
O a'em
P m-
C
oo
200
3
E
IL
E
F
c_
—oo
�
�J
c
�
a
C d
i
2
'o c
o
E"
Q
a
m
=EE
N O
�
CC
O
0 E
9
3 C
a
C_e�
da
co ,� �,
LL — 10 O)
c
o
c
� m
mE
�•�v
m L
c a
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
u
o0=
0
0
c
0
0
0
0
0
0
0
0
0
0
0
d
o
0
0
0
0
0
0
0
0
0
0
09
0
0
0
0
z
0 0
N
a�
E C v
O
S
S
S
S
N
O
O
0
C.,S
O
O
S
O
S
O
ok
O
°01
N
o
d
0
0
0
o
F-
0
0
o
c
o
0
o
H
o
0
0
0
0
0
0
ni
H
o
o
F
o
o
v
Onmm am.-•-Oc
r
a
c
c
g
E
'v
F
m m
E
d
N
to
OV
a
f0�7
N
f7
COO
N
Ol
P7
Ov
LMO
m
Go
M
W
0�O
�OLQ
M
Nco
v
N
S
S
O
N
�
L
o
fN°
f�
fN°
��OO
f°
t;
1°
2
YM
GO
N
fD
0
W
t0°
W
U07
S
a
h
V
N
YN-
(p
S
fN0
N
W
Cms,
E
�--
N
p7
V
h
(°
A
O
W
�M•-
�O
n
1°
O
N
N
N
N
N I
N
N
N
N
N
f"op 1
M
v%
i
O r — ,c
IV
N
N
N
N
N
N
N
N
N
N
V
V
V
T
V
^
{
V
V
"
N
N
N
N
N
N
N
N
'EO
N
p
N
p
N
p
N
O
N
O
N
co
N
N
O
N
O
N
O
N
O
N
O
N
O
O
N
O
N
O
N
O
N
O
N
O
N
O
N
O
N
p
N
p
N
p
N
O
N
O
N
N
O
N
O
N
O
N
aim-•-E•-cm�T
!
!N

I
c
m
�
200
m
a
E
H
c
O
pl
v
2
c
'o c
o
�
d
a
co
CC
3 N
w
=caEiE
E
H
w
CL
U t
010010
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
a-mw
t
w
c
c
w
c
v 'm
u•�mc
N L
0
0
0
0
0
0
0
0
0
0
o
o
c
o
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
u - m w
N
�E
0
00000888
0a0o
v0000000o
rMim
S8�
0000000000l-F0000
oc0000OI
0
d0F
ocv
�Oamm�am+- oc
m�
G
7
C.
C
C
E
L �
N N
N
M
Y
�n
fD
f�
ao
O/
o:V�v^mrna��o
N
N
INMain
N
N
N
N I
Co�
N
N
ao
N
wo
I N
M
fn
O c L
N
N
N
N
o
0
0
o
0
0
0
O
O
O
O
O
O
O
O
O
O
O
O
O
o
O
O
O
O
O
N
N
N
N
N
N
N
N
N
N
N
N
N
N
N
N
N
N
N
N
N
N
N
N
lV
lV
aim- •-E-cm�a

O
CL
a
co P
O O
N
C O
C
E c
L
L m Z 7
E O (A M
Q _ v n
�`� 5~
s
O W J O
p o N c
NWT"
Z)zz w'o
nmmmmmi
mm
ammmmmm�nn�
i
�I�INIII�I��������N�I�IIIIIINIII
�■
IIIIIIIIII�IIIIII�III�I���
�IIIIIIIIIIYIII
II��
���p���IIIIIIINIII
����
���II�IISS��IIII�lISS
nnnmmi
����
nnnnnu�sssni
ssiin
�IIIIIIIIII
III�IInIIRgllll

Johnson, Kelly
From: Matt Haley [[e-mail]]
Sent: Wednesday, January 07, 2015 10:17 PM
To: Johnson, Kelly
Cc: Maria Jones; Perry Davis
Subject: Re: Waterford State Stormwater Permit Meeting (SW8 020510)
Kelly,
We have reviewed the schedule as outlined in your below email and generally agree with the proposed approach and
timetable. We expect that there might be some minor tweaks to the specifics as the design and permitting process
unfolds but at this time we do not have any objection to the plan as presented. Please let us know if you need anything
else from us to satisfy your request for a written plan of action.
Thanks,
Matthew Haley, P.E.
Cape Fear Engineering, Inc.
On Jan 6, 2015, at 10:35 AM, "Johnson, Kelly" <[e-mail]> wrote:
Matt,
If you all are in agreement with my summary from 12/18/14, then I think this will suffice.
Thanks,
KJ
From: Matt Haley [mailto:matt. halgyO)capefearengineering.com]
Sent: Monday, January 05, 2015 11:20 AM
To: Johnson, Kelly
Cc: Maria Jones; Perry Davis
Subject: RE: Waterford State Stormwater Permit Meeting (SW8 020510)
Kelly,
I just left you a voicemail on this too. Will the December 18t", 2014 Scoping Meeting and your below
summary email be sufficient for a Written Plan of Action in response to your December 4, 2014 Notice
of Deficiency letter for Waterford? if not, please let me know and we can provide something more
formal.
Thanks,
Matthew T. Haley - PE, LEED Greer Associate
CAPE FEAR
ENGINEERING
From: Johnson, Kelly [mailto:kelly.p.johnson(aa ncdenr.gov]
Sent: Thursday, December 18, 2014 11:56 AM
To: Perry Davis; Matt Haley
Cc: Samuel Potter; Weaver, Cameron
Subject: Waterford State Stormwater Permit Meeting (SW8 020510)

Perry & Matt,
Thanks for meeting today. I think we have laid a good path to getting these issues resolved. I wanted to
send out a quick summary of the meeting for the file.
1. The estimated submittal time for the modification is late January 2015. The modification will
update the plans to show the various tract and lot line changes as well as other changes to the
plans affecting the stormwater system.
a. The most significant proposed changes to the inter -connected system of 14 ponds is to
change the minimum depth from 6ft to 3ft. 1 understand from the discussion at the
meeting that this pond was permitted as an alternative/innovative design, and that the
standard 1.0"/1.5" and SA/DA table sizing was not used. The pond was instead designed
for the —4" storm so that it could hold (to the best ability of recollection at the meeting)
the 25yr storm above the PP elevation. In order to decrease the depth from 6ft to 3ft
minimum, it will have to allow for an adequate sediment accumulation depth so that the
pond can continue to function as sediment accumulates. The maintenance agreement
will also have be updated as necessary. We will also have to ensure that the inlet/outlet
pipes between ponds are not situated below a "safe" elevation for expected sediment
accumulation. The intent of the alternative/innovative design (-4" & 25yr storm) will
have to be preserved as well. Please demonstrate that that is the case in the
modification package submittal. If the original design intent is not preserved or if
sediment cannot be adequately handled then we will have to discuss the depth
reduction further.
b. Another significant change is that an adjacent area that was previously unpermitted
may be added to the project area and drain to the ponds. It is believed that the ponds
can accommodate the adjacent area. This new area will be permitted under the 9008
rule rather than the 1995 rule. But, the effect on the pond's design should be negligible
given the fact that it is already designed for the 4" storm.
c. Another item to note is that The Reserve (SW8 030710) is a residential section, but it is
set up as an offsite permit because it was sold to an entity other than the SW8 020510
permittee for development. It therefore holds its own separate permit to drain offsite
to SW8 020510.
d. A third emergency outlet will be added in Pond 14.
e. Since all of the ponds share a communal impervious allocation amount it is not
necessary to tally the impervious draining to each of the 14 ponds. Some of the
impervious area previously allocated will change. For instance, the clubhouse area will
increase from 1,500sf impervious to 6,500sf impervious. But, the total amount of
impervious allocated for the entire project will be within the amount previously shown
to be accommodated by the pond system. A running total will be summarized in the
master table. The master table will be updated over time as changes are made such as
adding new commercial offsite lot owners with their respective permits.
f. Recorded deed restrictions will be submitted. The master table summary will
summarize this data. The table needs to be updated to reflect the fact that the lot
numbers currently permitted differ from the lot numbers recorded in some sections.
The plans denote both the original lot number for State Stormwater as well as the lot
number for the recorded deed restrictions. We need to have this data summarized in a
format that homeowners and commercial lot owners can understand it. For instanr.P.
the Division needs to be able to tell a homeowner the amount of BUA that is allocated
to his/her lot and the book/page that number is recorded on.
g. I gave Cape Fear Engineering and Bert Exum a copy of Samuel Potter's 12/18/14 email
summarizing the HOA's primary concerns in the subdivision so that those concerns can
be considered while the project modification is being proposed and also during the
2

upcoming PE Certification. Most of the concerns are in regard to sediment
accumulation, or potential impacts of sediment accumulation in the ponds. He also
brings up a missing drainage valve for Pond 10, a potential issue with a recirculation
pump between Pond 8 & 10, and differing elevations for the two emergency outlets.
2. Once the permit is modified to reflect the current site conditions, Cape Fear Engineering will
submit the PE Certifications required by the permit. The system cannot be certified until the
project is modified because the site does not currently match all of the permitted conditions.
3. The maintenance and other issues identified in Mr. Potter's 12/18/14 email will be considered
throughout the process. Items highlighted in the email as well as any others that Cape Fear
Engineering identifies as they work to modify and certify the system will be completed prior to a
re -inspection to determine a compliant status.
Thanks & have a great holiday,
Kelly
I,CeLL I� 0 k VUS0 Vl,
Kelly Johnson
Environmental Engineer
NC Division of Energy, Mineral and Land Resources
Stormwater Permitting
127 Cardinal Drive Extension
Wilmington, NC 28405-3845
Office: 910.796.7331
Fax: [phone]

Johnson, Kelly
From: Johnson, Kelly
Sent: Tuesday, January 06, 2015 10:32 AM
To: 'Matt Haley
Cc: Maria Jones; Perry Davis
Subject: RE: Waterford State Stormwater Permit Meeting (SW8 020510)
Matt,
If you all are in agreement with my summary from 12/18/14, then I think this will suffice.
Thanks,
KJ
From: Matt Haley [mailto:[e-mail]]
Sent: Monday, January 05, 2015 11:20 AM
To: Johnson, Kelly
Cc: Maria Jones; Perry Davis
Subject: RE: Waterford State Stormwater Permit Meeting (SW8 020510)
Kelly,
I just left you a voicemail on this too. Will the December 18th, 2014 Scoping Meeting and your below summary email be
sufficient for a Written Plan of Action in response to your December 4, 2014 Notice of Deficiency letter for Waterford? If
not, please let me know and we can provide something more formal.
Thanks,
(Matthew T. Haley - PE, SEED Green Associate
CAPE FEAR
ENGINEERING
From: Johnson, Kelly [mailto:kelly.p.johnson(&ncdenr.gov]
Sent: Thursday, December 18, 2014 11:56 AM
To: Perry Davis; Matt Haley
Cc: Samuel Potter; Weaver, Cameron
Subject: Waterford State Stormwater Permit Meeting (SW8 020510)
Perry & Matt,
Thanks for meeting today. I think we have laid a good path to getting these issues resolved. I wanted to send out a
quick summary of the meeting for the file.
1. The estimated submittal time for the modification is late January 2015. The modification will update the plans
to show the various tract and lot line changes as well as other changes to the plans affecting the stormwater
system.
The most significant proposed changes to the inter -connected system of 14 ponds is to change the
minimum depth from 6ft to aft. 1 understand from the discussion at the meeting that this pond was
permitted as an alternative/innovative design, and that the standard 1.0"/1.5" and SA/DA table sizing
was not used. The pond was instead designed for the —4" storm so that it could hold (to the best ability
of recollection at the meeting) the 25yr storm above the PP elevation. In order to decrease the depth
from 6ft to 3ft minimum, it will have to allow for an adequate sediment accumulation depth so that the
pond can continue to function as sediment accumulates. The maintenance agreement will also have be

updated as necessary. We will also have to ensure that the inlet/outlet pipes between ponds are not
situated below a "safe" elevation for expected sediment accumulation. The intent of the
alternative/innovative design (-4" & 25yr storm) will have to be preserved as well. Please demonstrate
that that is the case in the modification package submittal. If the original design intent is not preserved
or if sediment cannot be adequately handled then we will have to discuss the depth reduction further.
b. Another significant change is that an adjacent area that was previously unpermitted may be added to
the project area and drain to the ponds. It is believed that the ponds can accommodate the adjacent
area. This new area will be permitted under the 2008 rule rather than the 1995 rule. But, the effect on
the pond's design should be negligible given the fact that it is already designed for the 4" storm.
c. Another item to note is that The Reserve (SW8 030710) is a residential section, but it is set up as an
offsite permit because it was sold to an entity other than the SW8 020510 permittee for development.
It therefore holds its own separate permit to drain offsite to SW8 020510.
d. A third emergency outlet will be added in Pond 14.
e. Since all of the ponds share a communal impervious allocation amount it is not necessary to tally the
impervious draining to each of the 14 ponds. Some of the impervious area previously allocated will
change. For instance, the clubhouse area will increase from 1,500sf impervious to 6,500sf impervious.
But, the total amount of impervious allocated for the entire project will be within the amount
previously shown to be accommodated by the pond system. A running total will be summarized in the
master table. The master table will be updated over time as changes are made such as adding new
commercial offsite lot owners with their respective permits.
f. Recorded deed restrictions will be submitted. The master table summary will summarize this data. The
table needs to be updated to reflect -the fact that the lot numbers currently permitted differ from the lot
numbers recorded in some sections. The plans denote both the original lot number for State
Stormwater as well as the lot number for the recorded deed restrictions. We need to have this data
summarized in a format that homeowners and commercial lot owners can understand it. For instance,
the Division needs to be able to tell a homeowner the amount of BUA that is allocated to his/her lot and
the book/page that number is recorded on.
g. I gave Cape Fear Engineering and Bert Exum a copy of Samuel Potter's 12/18/14 email summarizing the
HOA's primary concerns in the subdivision so that those concerns can be considered while the project
modification is being proposed and also during the upcoming PE Certification. Most of the concerns are
in regard to sediment accumulation, or potential impacts of sediment accumulation in the ponds. He
also brings up a missing drainage valve for Pond 10, a potential issue with a recirculation pump between
Pond 8 & 10, and differing elevations for the two emergency outlets.
2. Once the permit is modified to reflect the current site conditions, Cape Fear Engineering will submit the PE
Certifications required by the permit. The system cannot be certified until the project is modified because the
site does not currently match all of the permitted conditions.
3. The maintenance and other issues identified in Mr. Potter's 12/18/14 email will be considered throughout the
process. Items highlighted in the email as well as any others that Cape Fear Engineering identifies as they work
to modify and certify the system will be completed prior to a re -inspection to determine a compliant status.
Thanks & have a great holiday,
Kelly
1"', CU,� J 0h VLSOVL
Kelly Johnson
Environmental Engineer
NC Division of Energy, Mineral and Land Resources
Stormwater Permitting
127 Cardinal Drive €xtension
Wilmington, NC 28405-3845
Office: 910.796.7331
►J

Fax: [phone]

For DENR Use 9NLY
\1 J Reviewer:
An
North Carolina Department of Environment and-VrNatural Resources
NCDENR Request for Express Permit Review Time: r A9
Confirm:
FILL-IN all the information below and CHECK the Permit(s) you are requesting for express review. Call and Email the completed form to the
Permit Coordinator along with a completed DETAILED narrative, site plan (PDF file) and vicinity may (same items expected in the application
Packs of the project location. Please include this form in the application package.
• Asheville Region Alison Davidson 828-296-4698;alison.davidsonC�ncdenr.gov
• Fayetteville or Raleigh Region -David Lee 919-791-4203; [e-mail]
• Mooresville & Winston Salem Region - Patrick Grogan 704-235 2107 or [e-mail]
• Washington Region -Lyn Hardison 252-948-3842 or [e-mail]
• Wilmington Region -Janet Russell 910-796-7302 or Janet russell@ncdenrgov
• Wilmington Region -Cameron Weaver 910-796-7303 or [e-mail]
NOTE. Project application received after 12 noon will be stamped in the following work day.
Enter Re:ated SW
Permits of Request
SW
SW
SW
SW
SW 020510
Project Name: WATERFORD County: BRUNSWICK
Applicant: BERT EXUM Company: WDV; INC.
Address: PO BOX 1967 City: WILMINGTON, State: NC Zip: 28402-_
Phone: [phone], Fax: [phone], Email: [e-mail]
Physical Location:WEST OF US HWY 17 AND SOUTH OF US HWYS 74/76
Project Drains into JACKEYS CREEK waters - Water classification SC (for classification see-http://h2o.enr.state.nc.us/bims/reports/reportsWB.html
Project Located in CAPE FEAR River Basin. Is project draining to class ORW waters? N, within'/2 mile and draining to class SA waters N or within 1 mile
and draining to class HQW waters? N
Engineer/Consultant: PERRY DAVIS, PE Company: CAPE FEAR ENGINEERING, INC
Address:151 POOLE ROAD, SUITE 160 Citv- RPI v r r E:L""� - 28451-
{0� 11i-
Phone: 910-383 - r rEARENGINEERING.COM
SECTION ONE: RE
® Scoping Meeting
L�
N TWO:, Ch
SEC 10�h ` M
INC FOR EXPRESS PERMITTING
_'J
• 1c�
❑ 401 Unit FC
se attach TOPO map marking the areas in questions
❑ Intermittent/P,
h TOPO map marking the areas in questions
❑ 401 Water Qu • ®� (R 1�
Wetland (_linear ft or _acres)
❑ Riparian Buffe
ariance ❑ Major General Variance
® State Stormwater . `��!� J �k� t'� ,
Bkhd & Bt Rmp, ❑ Clear & Grub, ❑ Utility ❑ Other
❑ Low Density
wales ❑ Off -site [SW (Provide permit #)]
❑ High Density-C
Isity-Infiltration _ #Treatment Systems
❑ High Density -E
isity-SW Wetlands . # Treatment Systems
® High Density-0
Dr ❑ Plan Revision ❑ Redev. Exclusion SW 020510 (Provide permit #)
❑ Coastal Manageme
Culverts ❑ Structures Information
vpanu uevelopment ❑ Marina
Development ❑ Urban Waterfront
❑ Land Quality ❑ Erosion and Sedimentation Control Plan with
_ acres to be disturbed.(CK # (for DENR use))
SECTION THREE - PLEASE CHECK ALL THAT IS APPLICABLE TO YOUR PROJECT (for both scoping and express meeting request)
Wetlands on Site ❑ Yes ® No
Buffer Impacts: ® No ❑ YES: _acre(s)
Wetlands Delineation has been completed: ❑ Yes ® No
Isolated wetland on Property ® Yes ❑ No
US ACOE Approval of Delineation completed: ❑ Yes ® No
404 Application in Process w/ US ACOE: ❑ Yes ® No Permit
Received from US ACOE ❑ Yes ® No
_For DENR use only
_
Fee Split for multiple permits: (Check # )
Total Fee Amount $
SUBMITTAL DATES
Fee
SUBMITTAL DATES
Fee
CAMA
$
Variance (❑ Maj; ❑ Min)
$
SW (❑ HD, ❑ LD, ❑ Gen)
$
401:
$
LOS
I
$
Stream Deter,_
$
NCDENR EXPRESS June 2011

�� � o For DENR Use
PIMA Reviewer.
North Carolina Department of Environment and 1 1)
Awo 0.1
Natural Resources
NCDENR Request for Express Permit Review Time: M A
Confirm:
FILL-IN all the information below and CHECK the Pennit(s) you are requesting for express review. Call and Email the completed form to the
Permit Coordinator along with a completed DETAILED narrative, site plan (PDF file) and vicinity map (same items exaected in the application
ap ckmae of the project location. Please include this form in the application package.
• Asheville Region-Ailson Davidson 628-29&4698;alison.davidsonC�ncdenr.Aov
• Fayetteville or Raleigh Region -David Lee 919-791-4203; david Ieeftcdenr -goy
• Mooresville & Winston Salem Region - Patrick Grogan 704-235 2107 or Patrickaroaan@ncdenr -gov
• Washington Region -Lyn Hardison 252-948-3842 or lyn.hardison@ncdenraov
• Wilmington Region -Janet Russell 910-796-7302 [e-mail]
• Wilmington Region -Cameron Weaver 910-796-7303 or cameron.weaverfncdenrgov
NOTE. • Project application received after 12 noon will be stamped in the following work day.
Enter Related SW
Permits of Request
SW
SW
SW
SW
SW 020510
Project Name: WATERFORD County: BRUNSWICK
Applicant: BERT EXUM Company: WDV, INC.
Address: PO BOX 1967 City: WILMINGTON, State: NC Zip: 28402-_
Phone: [phone], Fax: [phone], Email: [e-mail]
Physical Location:WEST OF US HWY 17 AND SOUTH OF US HWYS 74176
Project Drains into JACKEYS CREEK waters — Water classification SC (for classification see-http://h2o.enr.state.nc.us/bims/reports/reportsWB.html
Project Located in CAPE FEAR River Basin. Is project draining to class ORW waters? N, within 1/2 mile and draining to class SA waters N or within 1 mile
and draining to class HQW waters? N
Engineer/Consultant: PERRY DAVIS. PE Company: CAPE FEAR ENGINEERING, INC
Address:151 POOLE ROAD, SUITE 100 City: BELVILLE, State: NC Zip: 28451-_
Phone: [phone]. Fax: [phone], Email: [e-mail]
SECTION ONE: REQUESTING A SCOPING MEETING ONLY
® Scoping Meeting ONLY ® DWQ, ❑ DCM, ❑ DLR, ❑ OTHER:
SECTION TWO: CHECK ONLY THE PROGRAM (S) YOU ARE REQUESTING FOR EXPRESS PERMITTING
❑ 401 Unit ® Stream Origin Determination: _ # of stream calls — Please attach TOPO map marking the areas in questions
❑ Intermittent/Perennial Determination: _ # of stream calls — Please attach TOPO map marking the areas in questions
❑ 401 Water Quality Certification ❑ Isolated Wetland (_linear ft or _acres)
❑ Riparian Buffer Authorization ❑ Minor Variance ❑ Major General Variance
® State Stormwater ❑ General ❑ SFR, ❑ SFR < 1 ac. ❑ Bkhd & Bt Rmp, ❑ Clear & Grub, ❑ Utility ❑ Other
❑ Low Density ❑ Low Density -Curb & Gutter _ # Curb Outlet Swales ❑ Off -site [SW (Provide permit #)]
❑ High Density -Detention Pond _ # Treatment Systems ❑ High Density -Infiltration _ #Treatment Systems
❑ High Density -Bio-Retention _ # Treatment Systems ❑ High Density -SW Wetlands _ # Treatment Systems
® High Density -Other f # Treatment Systems /® MOD:❑ Major ® Minor ❑ Plan Revision ❑ Redev. Exclusion SW 020510 (Provide permit #)
❑ Coastal Management ❑ Excavation & Fill ❑ Bridges & Culverts ❑ Structures Information
❑ Upland Development ❑ Marina Development ❑ Urban Waterfront
❑ Land Quality ❑ Erosion and Sedimentation Control Plan with _ acres to be disturbed.(CK # (for DENR use))
SECTION THREE — PLEASE CHECK ALL THAT IS APPLICABLE TO YOUR PROJECT (for both scoping and express meeting request)
Wetlands on Site ❑ Yes ® No
Wetlands Delineation has been completed: ❑ Yes ® No
US ACOE Approval of Delineation completed: ❑ Yes ® No
Received from US ACOE ❑ Yes ® No
_For DENR. ma_e on
Fee Split for multiple permits: (Check #
Buffer Impacts: ® No ❑ YES: _acre(s)
Isolated wetland on Property ® Yes ❑ No
404 Application in Process w/ US ACOE: ❑ Yes ® No Permit
Total Fee Amount $
SUBMITTAL DATES
Fee
SUBMITTAL DATES
Fee
CAMA
$
riance (❑ Maj; ❑ Min)
$
SW (❑ HD, ElLD, El Gen)
$
[401:
$
LOS
$
ream Deter,_
$
NCDENR EXPRESS June 2011

1. GENERAL:
On behalf of WDV, Inc., Cape Fear Engineering is submitting to modify the existing High
Density Permit for Waterford Subdivision (SW8 020510).
The project site is located within Brunswick County, North Carolina and is bound by US Hwy.
74/76 to the north, Magnolia Greens Golf Plantation to the west, US Hwy. 17 to the east, and
Lincoln Industrial Park to the south. The project site is approximately 594 acres. Drainage
considerations have been in accordance with DWQ stormwater requirements.
This project was originally permitted in 2002 and is a high -density project with curbed and
guttered streets draining to a surrounding non -discharge lake system.
2. EXISTING SITE:
The existing project infrastructure has been constructed and installed since 2002. No additional
infrastructure is being proposed at this time. Approximately 100-residentail lots remain to be
built on and several commercial tracts are still vacant.
The stormwater system consists of a non -discharge pond configuration where stormwater is re-
used for irrigation of the common areas and road right-of-way landscape areas. In addition,
stormwater can be transferred from pond to pond via interconnected pumps that allow the
owners the ability to manage the stormwater in the most efficient manner without creating a
discharge.
3. PROPOSED MODIFICATIONS:
The purpose of this modification is to make several revisions to tract boundaries, lot numbering
changes, lot configuration changes, reallocation of impervious coverage between tracts, addition
of adjacent land area and reflect as -built information of several of the storm drainage structures.
These modifications are a comprehensive attempt to reflect the current land plan and drainage
systems that are in place.

CD
0
'o
ro
CY
0
.j
ka
ro�
m
IL
I
ei
0
z
z
o
P
uv=
k
z
w
m
5
F-

Weaver, Cameron
From: Perry Davis[[e-mail]]
Sent: Monday, December 08, 2014 2:18 PM
To: Weaver, Cameron
Cc: Matt Haley; Maria Jones
Subject: Waterford Subdivision Stormwater Scoping Meeting
Attachments: image001.png; WATERFORD HIGH DENSITY -EXPRESS SUBMITTAL REQUEST .doc;
2014-12-08 SW NARRATIVE MISC REVISIONS.pdf; Waterford Site Plan Exhibit.pdf
Cameron,
We are requesting a scoping meeting for the Waterford Subdivision SW8 020510MOD. The are several minor
modifications being proposed in order to provide an up to date comprehensive set of documents that reflect the land
plan and drainage system installed.
Attached is the Request for Express Permit Review form, Project Narrative and Overall Site Plan with vicinity map.
Please let us know when this can be scheduled and if you have any questions or comments.
Thanks,
Perry Davis, PLS, PE
CAPE FeAs R
^
www.caaefeareneineering.com

Johnson, Kelly
From: Johnson, Kelly
Sent: Thursday, December 18, 2014 11:56 AM
To: Perry Davis; Matt Haley
Cc: 'Samuel Potter'; Weaver, Cameron
Subject: Waterford State Stormwater Permit Meeting (SW8 020510)
Perry & Matt,
Thanks for meeting today. I think we have laid a good path to getting these issues resolved. I wanted to send out a
quick summary of the meeting for the file.
1. The estimated submittal time for the modification is late January 2015. The modification will update the plans
to show the various tract and lot line changes as well as other changes to the plans affecting the stormwater
system.
a. The most significant proposed changes to the inter -connected system of 14 ponds is to change the
minimum depth from 6ft to 3ft. 1 understand from the discussion at the meeting that this pond was
permitted as an alternative/innovative design, and that the standard 1.0"/1.5" and SA/DA table sizing
was not used. The pond was instead designed for the —4" storm so that it could hold (to the best ability
of recollection at the meeting) the 25yr storm above the PP elevation. In order to decrease the depth
from 6ft to 3ft minimum, it will have to allow for an adequate sediment accumulation depth so that the
pond can continue to function as sediment accumulates. The maintenance agreement will also have be
updated as necessary. We will also have to ensure that the inlet/outlet pipes between ponds are not
situated below a "safe" elevation for expected sediment accumulation. The intent of the
alternative/innovative design (-4" & 25yr storm) will have to be preserved as well. Please demonstrate
that that is the case in the modification package submittal. If the original design intent is not preserved
or if sediment cannot be adequately handled then we will have to discuss the depth reduction further.
b. Another significant change is that an adjacent area that was previously unpermitted may be added to
the project area and drain to the ponds. It is believed that the ponds can accommodate the adjacent
area. This new area will be permitted under the 2008 rule rather than the 1995 rule. But, the effect on
the pond's design should be negligible given the fact that it is already designed for the 4" storm.
c. Another item to note is that The Reserve (SW8 030710) is a residential section, but it is set up as an
offsite permit because it was sold to an entity other than the SW8 020510 permittee for development.
It therefore holds its own separate permit to drain offsite to SW8 020510.
d. A third emergency outlet will be added in Pond 14.
e. Since all of the ponds share a communal impervious allocation amount it is not necessary to tally the
impervious draining to each of the 14 ponds. Some of the impervious area previously allocated will
change. For instance, the clubhouse area will increase from 1,500sf impervious to 6,500sf impervious.
But, the total amount of impervious allocated for the entire project will be within the amount
previously shown to be accommodated by the pond system. A running total will be summarized in the
master table. The master table will be updated over time as changes are made such as adding new
commercial offsite lot owners with their respective permits.
f. Recorded deed restrictions will be submitted. The master table summary will summarize this data. The
table needs to be updated to reflect the fact that the lot numbers currently permitted differ from the lot
numbers recorded in some sections. The plans denote both the original lot number for State
5tormwater as well as the lot number for the recorded deed restrictions. We need to have this data
summarized in a format that homeowners and commercial lot owners can understand it. For instance,
the Division needs to be able to tell a homeowner the amount of BUA that is allocated to his/her lot and
the book/page that number is recorded on.
g. I gave Cape Fear Engineering and Bert Exum a copy of Samuel Potter's 12/18/14 email summarizing the
HOA's primary concerns in the subdivision so that those concerns can be considered while the project
modification is being proposed and also during the upcoming PE Certification. Most of the concerns are
1

in regard to sediment accumulation, or potential impacts of sediment accumulation in the ponds. He
also brings up a missing drainage valve for Pond 10, a potential issue with a recirculation pump between
Pond 8 & 10, and differing elevations for the two emergency outlets.
2. Once the permit is modified to reflect the current site conditions, Cape Fear Engineering will submit the PE
Certifications required by the permit. The system cannot be certified until the project is modified because the
site does not currently match all of the permitted conditions.
3. The maintenance and other issues identified in Mr. Potter's 12/18/14 email will be considered throughout the
process. Items highlighted in the email as well as any others that Cape Fear Engineering identifies as they work
to modify and certify the system will be completed prior to a re -inspection to determine a compliant status.
Thanks & have a great holiday,
Kelly
1-"eU'�J Oil V1.S O v1'
Kelly Johnson
Environmental Engineer
NC Division of Energy, Mineral and Land Resources
Stormwater "Permitti ng
127 Cardinal Drive Extension
Wilmington, NC 28405-3845
Office: 910.796.7331
Fax: [phone]

Johnson, Kelly
From: Samuel Potter [[e-mail]]
Sent: Thursday, December 18, 2014 5:03 AM
To: Johnson, Kelly
Subject: Waterford Concerns !!\\
�v
Kelly,
Thank you for the call yesterday. I understand you are meeting with representatives of Cape Fear Engineering
(CFE), the Engineers for WDV, Inc. and Robert Exum. My client sent me the following, regarding their
concerns. We hope that these issues can be addressed directly with CFE, as we have had very little success
communicating with the developer directly. Again, thank you.
The outflow for the pond behind Harris Teeter in the commercial area (to the right of Olde Waterford Way) has been
submerged with water for days after rains starting before Thanksgiving. ?0"ZI
.,The docks at the pond to the left of Palm Ridge Road (at the backyards of house on Garden Club Drive) were submerged
for days from the week before Thanksgiving and the outlet pipes appear to be totally covered in silt. Last week the
water finally receded to below the frames of the docks.
►/fhe dam between the pond to the right of Palm. Ridge Road and Wind Lake Way and the pond around Wind Lake Way
was underwater during Thanksgiving week. 9&',3a 3
.Tie silt level at the entry of commercial drainage to the pond behind 1002 Swell Court is creating an island.q000$
WGate Valves or Recirculation pumps per the original CFE plan narrative (except for valves at emergency overflow from
Osprey Lake and Sun Skipper Court.) (vat%A� ror 900c) Lv- )
,Ae ponds in commercial area do not appear to have any maintenance performed on them. RaN O N
,We have not received AS -BUILT plans of the Storm Water system to have a basis for understanding compliance. k Mr
%okNo the Stormwater Retention Systems were evaluated by the Transition Study of 2010 that excerpted portion is
included below:
—mho Wm- `-IMPS
J A _ A_.
9.4
Systems
Stormwater Retention
Description Pond,
riser, and emergency outlet numbers, as discussed in this report, are as per
the storm water management plan, dated September 2006. — �?oa wms ,
trove t�.4iv� C ,7
Interconnected ponds and channels run throughout the property to form
the storm water retention system. There are fourteen interconnected
waterways with two emergency outlet structures that control the water
level on the overalI system. Various types and sizes of drain pipes connect
the ponds. In general, the interconnecting pipes are installed at near zero
slopes. There are two docks at Lake Osprey.
Catch
basins in the streets throughout the neighborhood collect the surface runoff
and conduct it into the ponds.

Evaluation We
evaluated the water depth at each of the ponds based on the water level
�v compared to the riser level as specified in the water management plans.
`p The water depth at Pond 8 from Pedestrian Bridge 13, back to Lake
VN Osprey, and down to Pine Harvest Drive, indicates that sediment removal
is currently required to establish pond bottom elevations in compliance
with approved plans. Ponds 2 and 3 are also in need of sediment removal
based on their water depths. All .of these have excessive plants and
pondweed that should be removed.
The
other 60% of the water bodies are not silted full and/or relatively clean of
pondweed. The water depth is within the design parameters.
Overall, the water levels on all the ponds are above the designed values.
However, we do not believe that the retention system's water storage
capacity is compromised.
We did
not find any discrepancies between the visible outfall systems and the
plans. Measuring the exact slope of every pipe is beyond the Scope of
Service. We compared pond water levels to pipe inverts throughout the
site and found that all outfall systems and interconnecting pipes to be in
reasonable accord with the plans.
The
Itemized Worksheet in Appendix B includes amounts to replace the
irrigation pumps.
The
docks at Lake Osprey are in good condition.
-28-
Compliance The
water retention system does not comply with the design plans available for
review. We found the following deviations.
S 1. Emergency Outlet 1 is located in Lake Osprey and
Emergency Outlet #2 is beside Bridge #14 at Pond #8.
moo' Based on our observations, these outlets are not, but should
be, at the same elevation. Water is flowing through Outlet
#1 only, and must rise a foot higher to find Outlet #2. The
emergency storm water plan shows Emergency Outlets 1
and 2 at the same elevation. We do not know if Outlet #1
is adequate by itself.
2. There is no recirculation pump between Ponds 8
and 10. The current water transfer system is by gravity
only from Pond 10 to Pond 8. As is, Pond 8 is flooded a
( foot higher than designed. The missing pump was intended
to maintain a lower water level in Pond 8.
.� 3. Riser #1 on Pond 10 is not constructed to
cos specifications. The plans show a metal pipe outlet with a
drain valve at its base. The existing structure is masonry
2

and concrete and lacks a drain valve. Therefore, there is no
way to drain the pond for maintenance.
Determining the ramifications of these deviations is beyond the scope of
this study. Perhaps the designing engineer can help clarify the issues. The
transition corrections list, in Appendix A, includes an item to investigate
the above deficiencies and determine if additional work is needed to allow
proper operation of the pond systems.
Samuel B. Potter
Potter & Phillips, LLP
232 Causeway Drive, Suite lA
Wrightsville Beach, NC 28480
Phone: [phone]
Cell: [phone]
Fax: [phone]
Confidentiality Notice:
This message is being sent by or on behalf of a lawyer. It is intended exclusively for the individual or entity to
which it is addressed. This communication may contain information that is proprietary, privileged
or confidential or otherwise legally exempt from disclosure. If you are
not the named addressee, you are not authorized to read, print, retain, copy or
disseminate this message or any part of it. If you have received this
message in error, please notify the sender immediately by e-mail and delete all copies of the message.

{T'
_ \ ►i �-
r
"i- '` ~ '`
f
N What is
this
on
ti r I'
K u
�ootllc earth
[cmir S.l]X"�1- _ AU a`1 - i2'S i ;'4 7w W 25 1L eye alt 33 �9 it

AW
` o
71
All
aft
r r_
1 i r
all y1
VA
vo
Z r' f _ wf
Av
r r ■,.,

r
OutletEmergency
lop
• is � + �� f - i� X-4�
_ *:
%
t �
r . 4 "�►.
�.46..At jr
Ar
AWL
or
.�
R • .o - { `
w r Z.
•
no
1 4F • M �^ ..
JF
• w r'
jfjfjf � r

Johnson, Kelly
From: Johnson, Kelly
Sent: Friday, December 05, 20141:47 PM
To: 'Matt Haley'
Subject: SW8 020510, Waterford Phase II - State Stormwater
Attachments: Waterford.pdf; 2014 01 master table 020510.xls
Matt,
I just wanted to give you a heads up that this letter went out yesterday. Waterford HOA's attorney contacted me about
maintenance (sediment) issues with the ponds, and there are still the remaining administrative issues (PE Cert, deed
restrictions, subdivision, etc) that haven't been resolved. This letter asks for those items to be corrected.
Thanks,
KJ
►-eLLIl JDkwSDvi,
Kelly Johnson
Environmental Engineer
NC Division of Energy, Mineral and Land Resources
Stormwater Permitting
127 Cardinal Drive Extension
Wilmington, NC 28405-3845
Office: 910.796.7331
Fax: [phone]

Compliance Inspection Report
Permit:
SW8020510 Effective:07/03/08
Project:
Waterford Phase II
Owner:
WDV Inc
County:
Brunswick
Region:
Wilmington
Expiration: 02/15/21
Adress: Poole Rd
City/State/Zip: Leland NC 28451
Contact Person: Bert Exum Title: President Phone: [phone]
Directions to Project:
Follow Hwy 17 South out of Wilmington past Hwy 74, 76 overpass. First turn on right is Poole Road. Project entrance straight off
Poole Road.
Type of Project: State Stormwater - HD - Detention Pond
Drain Areas: 1 - (Sturgeon Creek) (03-06-17) ( C;Sw)
On -Site Representative(s):
Related Permits:
SW8080602 Coming Federal Credit Union - Coming Credit Union at Waterford Commercial
SW8130407 Goodwill Community Foundation • Goodwill Community Foundation Lot 10 Wate
Inspection Date: 12/03/2014 Entry Time: 12:OOPM Exit Time: 03:30PM
Primary Inspector: Kelly Johnson
Secondary Inspector(s):
Reason for Inspection: Routine
Permit Inspection Type: State Stormwater
Facility Status: ❑ Compliant ® Not Compliant
Question Areas:
State Stormwater
(See attachment summary)
Phone: [phone]
Inspection Type: Compliance Evaluation
page: 1

Permit: SW8020510 Owner -Project: VVDV Inc
Inspection Date: 12/03/2014 Inspection Type Compliance Evaluation Reason for Visit: ' Routine
File Review Yes No NA NE
Is the permit active? e ❑ ❑ ❑
Signed copy of the Engineer's certification is in the file? ❑ Ml ® ❑
Signed copy of the Operation & Maintenance Agreement is in the file? ❑ ❑ ❑
Copy of the recorded deed restrictions is in the file? ❑ ❑ ❑
Comment: Certifications needed.
Deed restrictions needed.
Built Upon Area Yes No NA NE
Is the site BUA constructed as per the permit and approval plans? M ❑ ❑ ❑
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? ❑ ❑ ❑
Comment: Certification is needed to verify.
SW Measures Yes No NA NE
Are the SW measures constructed as per the approved plans? ❑ ❑ ❑
Are the inlets located per the approved plans? ❑ ❑ ❑
Are the outlet structures located per the approved plans? ❑ ❑ ❑
Comment: Certification is needed to verify.
Operation and Maintenance Yes No NA NE
Are the SW measures being maintained and operated as per the permit requirements? ❑ 0 ❑ ❑
Are the SW BMP inspection and maintenance records complete and available for review or provided to ❑ ❑ ❑
DWQ upon request?
Comment: The HOA has reported maintenance issues related to sediment.
Other Permit Conditions Yes No NA NE
Is the site compliant with other conditions of the permit? ❑ ❑ ❑
Comment: A modification is necessary to correct inconsistencies between the permitted Dlan's subdivision layout
and the layout that has been built.
page: 2

Rh
A&it
MCDEWR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Pat McCrory Charles Wakild, P. E.
Governor Director
January 14, 2014
Mr. Bert Exum, President
WDV, Inc.
PO Box 1967
Wilmington, NC 28402
Subiect: Follow Up to Non -Compliant Inspection (3/13/13) and Plan of Action (4/12113)
Waterford
Stormwater Permit No. SW8 020510
Brunswick County
Dear Mr. Exum:
John E. Skvarla, III
Secretary
It has come to my attention that there are additional offsite stormwater permit(s) that drain to this project which will
need to be added to the Master Table. As you compare the approved permit to the final subdivision plan and lot
configuration to identify inconsistencies requiring a permit modification per your Plan of Action, please be advised
that SW8 030710 should be included. This project is for the Reserve at Waterford. There may also be additional
offsite permits to include.
If you have any questions, please contact me at [phone] or [e-mail].
Sin rely,
ly son
nvironmental Engineer
GDS/kpj: S:IWQS1StormwaterlPermits & Projects120021020510 HD12014 01 letter 020510
GDS/kpj: &: W=StormwaterlPermits & Projects120031030710 HD12014 01 letter 030710
enc: Master Table, dated January 14, 2014
cc: WiRO Stormwater File SW8 020510
WiRO Stormwater File SW8 030710
Matthew Haley, Cape Fear Engineering (via email only)
Waterford Master Residential Association, Inc.,
c/o CEPCO, 2502 S.17th St, Wilmington, NC 28401
1617 Mail Service Center, Raleigh, North Carolina 27699-1617
Location: 512 N. Salisbury St Raleigh, North Carolina 27604
Phone: [phone] FAX: 91H07-64921 DENR Assistance:1.877-623-6746
Internet www.ncwaterauality.org
Nne
orthCarolina
An Equal Opportunity 1 Affirmative Action Employer

—
2
iii
O
A
W
D
V
3 m
0
O
o
m
0
W
N
TI
C
C
(A-,�
O_
O
0)
0
Ol
fa
M1OfnW
c
N
t1
c.
O�'1N�
07
c
d
0
w
M
r_O.
C
fn
.�
O
A
_
W
O
-1,'0
c
0
m
r
.O+
rr
.O+
O
A,
_-mom
0
W
c
O.
rMow
O
c
a
I
0
w
fa
O.
N
r
to
O.
f07�
N
c
W
N
c
2
r
N
�.
O
0
fa
CDC
R.
yD
t�
tD
Uni
^O
OD
FiT
toW
O
O
N
W
D
m
w
RL
w
w
x
3
w
x
m
> It
to
'
to
to
W
OD
O
a
,
fT
W
O
CT
IQO
V
A
rn
W
0a
Of
A
M
fT
OO
W
0
V
pD
O
OOO
i
O
OOOO
O
iA
r
yQ� �
N
A
W
0
W
W
no
V
CT
0fA0mD
F
g
y
M (�
N a
q
nOcO0
O
7 =3
m tL
n j
N (D
w
N
Z
g,"
_
s p
n3
a
m
v3
Q
9 o
�m
zm
a
rmr�
c r
& r
w
.°r.
C
CD O
a.
D
m
v
3
-CL
4z
m
N
0
O
O
�
�
7
r
�
O
�
N
w
n
0
v,
CD
CD
a
m
W�
0
x
m
� r
a$
CD
� a
.J
W
I
I
I
lil
I
I
I
IIIII
I
II
I
Paz.
i
to
CD
c
0
�N
W
N
�A
O
W
Al
N
—
V
W
t0
O
Oi
t0
NOD
O
O
Nf
N
t0
N
p�
A
+0)
N
O
N
W
O
V
O�
AA
OI
W
A
fr
�A
OI
OI
V
OD
�
N?A
NO
W
_
-�
N6
N
w
a
Oo
O
O
-+
W
O
W
Milo,
V
OD
O
O
tJ
O
v
O
A
O
tT
0
O
-4
W
A
W
t0
O
N
-4
O
O!
to
A
O
11
N
Oo
?
O
t0
V
V
t0
T
O
W
O
A
�1
Nt
OI
O1
O
A
O
CO
W
W
N
V
pppp
A
A
A
W
V
W
0
0
V
W
0
0
0
V
OD
0
0
0
W
t0
t0
W
0
0
0
W
O
OD
O
O
tp
N
O
O
A
N
Oa
M
O
W
O
V
V

v
lu
N
9
9
cv
Z
3
r
0
OD
C,
m
`
B m
rn
OD
Cl
rn
rn
c
A
O
A
A
W
i
J
r
O
JC
a
C
CKN
m
A
W
a
Cl)
.U.
c"
A
a
W
.O•.
N
NO(Ao
'�'�oco
�
prm
N
O
V
3
co N
O
N
2
PK-
m
9#
�I
v
_wrn
�-NtO.
I
w
i
c
pA�
apwrn
V
N
OO
0)
N
0000
i
W a
W
A
io
+
(AD
Goo
N
OA7
fiiao
Er ma
acm
nri
n
c
n
c
0cn0ri
c'
co 0
25ic
o
91
to I
=•
:3Ol
ID
�M
O.
0
j
�M
- �-2Era
.�i 0.
�o
a
CQ
M
C
Q
p"C 'o.
Ct.j
•� m (D
a
m
m
27 = o
0. j
0. 27
0.
v!
n
2Ci
< 1
m.
< Z
(D..
_ Z
<
m .. p m
0) o
m 3. 3<
m (D
m (D
<
m m
<
w
7 C
m N O
3
m
pDo(n
o�n
off $
gym.-
y3
0..
o..
o..
m'�'3
m
mm2
C9PL
�cn
L
� 9 °
�m
$ fD.
� m.
$ m
�m
�Tm
w �
tD.B
3
a'2
-0
ONRo.
5.10.
1
n
n�
o�a�o�
ui
coo
amo
��a
mood
a
(Dmoo
3�Vv
m-
m
�m
ID
-uw
ID mu
-u
m(
m
�i(D
�m
�<
m
mar:
Z W
y
Z w
<
�_�_>
> > <
o
4
r
r�ID
m�p
N N a
m
Z o
Z Z
�
Z Z
�
Z O
m
Z o
8
y,0r
3
L
mp '
� --Io�
op
L
o
om
(D
7
7
7
y1r
`4 (q
( O
�
—C)
.ys
GZ
.Ns
C
.Ni
C
O•
7
a +
7 w
a
7
9..
7
OR
7
v
n
3
W
3
�_
y
CD
co
0
m
m
e
w
o
_(wi,
rn
CA
M
-4
o
(D
cAi,
cwo
cO7o
m
I
A
v
y
O
+
i
i
�% Q C
+
W
ol
co
O
N
M
a
t0
J
V
al
V
Oo
O
IV
'i
0)
03
'i
07
0)
`i
w
"�
W
W
W
s
po
w
A
CO
V
+
v
V
N
NN
N
i
On
OOD
A
O(JNO
M
V
N
W
a
OO
-
N
V
00cn
[woA
pp

!4
wa
Mr
k
�
m
� CL
�m
C§
k�
o�
#CD
�2
k}
§k
§�
4[
k�
w
am
EA
�CD
k4z
S.§
£(
�)
E
g
E
§
0
g�
2
0CA
40
)
4
E
E
E
cn-n;p
8
G
�.Cc
§E�E
f
kE
m
k
4
OD
cmnm0
3
aEc
wommo
gc0Kc
00
c0
¢RANI
¢�0`NsR[
eE?E?
g?
Eg.f2
k§§_�
CLCL
��
g°®
2o
§�A�g
°2§Q
0#3a3
-o
CL
�M0D0
DXU=
2l
.
mE
:3
c
:3
i§
i#
IL�
§
K1rz03
�
.3
£/
k�
E
rKp
=
zE0E0
A\
mF
k
�(
$
E
z
g
A
%
g
2
CL
o
{
0
\
/
�
ƒ
§
k
v§
-uW
CD W
0
�c
w
§
CL
� CL
CD
E
—moo
2;
�E�
}00
� �
ch
o
E
a
kID
/
E
}#
sOD
#
§tea
§
a
�E
_2
k c
m
§>
k
j
��d�$
�§
0
0
CD§22�

Johnson, Kelly
From: Johnson, Kelly
Sent: Tuesday, November 25, 2014 8:15 AM
To: 'Jeff Whiting'
Subject: FW: SW8 020510, Waterford
Mr. Whiting,
An attorney named Sam Potter came to review the file in April. But, I haven't received anything from Waterford since
we talked in January and I sent follow up letter on January 14, 2014. But, they also haven't applied for any new permits
to drain to the ponds covered by SW8 020510. (There is a separate permit, SW8 010706, for the other side of the
commercial area near Advance Auto that has had some changes, but that is a much simpler project.)
Kelly
From: Jeff Whiting [[e-mail]]
Sent: Monday, November 24, 2014 4:50 PM
To: Johnson, Kelly
Subject: RE: SW8 020510, Waterford
Kelly,
It is our understanding that Cape Fear Engineering has been working with DENR most of this year to certify the SW
Permit (SW08 020510). Can you tell me the status of the certification and if any corrections / modifications need to be
made?
Jeff►Nhatww
CAPT, USN(ret.), MBA
Association Manager
CEPCO
Consolidated Estate and Property
Control Corporation
1628 Doctors Circle
Wilmington, North Carolina 28401
(91.0) 31.3-2335 Direct
[phone] Ext. 2335 Office
[phone] Fax
Toll Free Number [phone]
jeff(a_)cepco-nc.com
CONSOLIDATED ESTATE & PROPERTY CONTROL CORP. (CEPCO) INTERNET E-MAIL CONFIDENTIALITY STATEMENT: The information contained in this
transmission (including any attached files) is CONFIDENTIAL and is intended only for the person(s) named above. If you received this transmission in error,
please delete it from your system and notify us immediately. If you are not an intended recipient, please note that any use or dissemination of the information
contained in this transmission (including any attached files) and the copying, printing, or retransmission of that information is strictly prohibited. You can notify us
by return e-mail. Thank you.
From: Johnson, Kelly[mailto:kelly.p.johnsonCconcdenr.gov]
Sent: Wednesday, December 04, 2013 1:36 PM
To: Jeff Whiting
Subject: SW8 020510, Waterford

Jeffrey,
I got your voicemail about transferring and modifying this permit. This can be done two ways. Either the current
permittee can do the modification and then transfer it to the association, or the current permittee can transfer it to the
association and then the association can modify it. But, we try to get the projects in compliance before we transfer
them from one owner to another so that the second owner doesn't "inherit" anything that was left undone by the
original permittee.
I have attached some correspondence I have mailed on this in the last year or so. This past spring the Corning Credit
Union applied for an offsite permit to drain to this permit, and so as a part of that process I went through the master
Waterford permit (SW8 020510) to make sure that everything was in order for Corning to be built. I went back and forth
with the SW8 020510 permittee a few times, and once everything was OK for the Corning project I issued that permit.
The SW8 020510 permittee still has some items that haven't been addressed out there. Mainly, there have been some
tracts combined on the ground that aren't reflected in the permit. And, the whole SW8 020510 will need to be
inspected before it is transferred to make sure it is in compliance.
If you want to modify the permit, please contact your engineer to get the plans updated to reflect the changes you want
to make. There is also some paperwork that will need to be done. The application form (SWU-101) is available on our
website, http://portal.ncdenr.oriz/web/wq/ws/su/statesw/forms docs. The transfer form (also called the
Name/Ownership form) is also on that website under miscellaneous.
Thanks,
Kelly
i.�l J0hlA,S0V6
Kelly Johnson
Environmental Engineer
NIC Division of Energy, Mineral and Land Resources
Stormwater Permitting
127 Cardinal Drive Extension
Wilmington, NC 28405-3845
Office: 910.796.7331
Fax: [phone]

Johnson, Kelly
From: Johnson, Kelly
Sent: Tuesday, January 14, 2014 1:22 PM
To: 'Jeff Whiting; 'Matt Haley'
Subject: FW: Waterford (SW 020510) and The Reserve at Waterford (SW 030710)
Attachments: 2013 07 master table 020510.x1s; 2014 01 letter 020510.docx; SW8030710_Reserve at
Waterford.pdf; Reserve_Plan.jpg
Matt,
Jeff Whiting, the Association Manager for Waterford, contacted me today about SW8 030710, The Reserve at
Waterford. This permit should be included in the Master Table. It has been quite some time since we discussed this.
But, if you remember Waterford has a Plan of Action to go through the permits and make any necessary modifications.
have updated the master table to reference SW8 030710 (attached) and have sent a letter for documentation purposes
(also attached).
Mr. Whiting,
Thank you for bringing this to my attention. We will make sure to include SW8 030710 in the master permit's tracking. I
have attached a copy of the SW8 030710 permit and a photo of the plans per your request. (We do not have a large
scanner, and so a photo is the best I can do.) This permit is permitted as an offsite permit to SW8 020510. That means
that this area has its own permit, but it is sort of a placeholder because SW8 030710 has a different
owner/pe rm ittee/deve lope r and that permittee drains to a pond owned/operated by Mr. Exum of Waterford's SW8
020510 permit (which we call the master permit). (As a side note, you will see that this SW8 030710 permit has a lot of
data about what is permitted under SW8 020510 on page 2. That data is probably outdated. This permit (SW8 030710)
is a decade old, and at that time we had not realized that it would be problematic to put all of SW8 020510's info in each
offsite permit that drains to it. Offsite permits change all the time, and if they had known that that would be the case
they would not have put so much info about the master permit in each offsite permit because the data becomes
outdated quickly. But, that was how they did it back then. Now, we have master tables such as the Excel file attached
to keep up to date information about master permits, and the offsites that drain to them.) If you aren't already familiar
with this, this may be confusing. If you have questions, please let me know.
Thanks,
Kelly
From: Jeff Whiting [mailtoJeff(acepco-nc.com]
Sent: Monday, January 13, 2014 5:25 PM
To: Johnson, Kelly
Subject: Waterford (SW 020510) and The Reserve at Waterford (SW 030710)
Kelly,
As you have been such a fount of information for all things relating to the Waterford SW Permit, I hope that you can
help me about another one. I have recently found out that SW 030710 exists for The Reserve. Can you provide me a
copy of any information you have regarding this?
As best as I can determine it would apply to a single tiny detention pond at a small common area on Shady Beach Circle
that has an outflow into the Waterford pond #10.
As always, thanks very much for your help.
JeffwhXmg,
CAPT, USN (ret.), MBA

Association Manager
CEPCO
Consolidated Estate and Property
Control Corporation
2502 South 17th Street
Wilmington, North Carolina 28401
[phone] Direct
[phone] Ext. 2335 Office
[phone] Fax
j eff(as,cepco-nc.com
CONSOLIDATED ESTATE & PROPERTY CONTROL CORP. (CEPCO) INTERNET E-MAIL CONFIDENTIALITY STATEMENT: The information contained in this
transmission (including any attached files) is CONFIDENTIAL and is intended only for the person(s) named above. If you received this transmission in error,
please delete it from your system and notify us immediately. If you are not an intended recipient, please note that any use or dissemination of the information
contained in this transmission (including any attached files) and the copying, printing, or retransmission of that information is strictly prohibited. You can notify us
by return e-mail. Thank you.

Johnson, Kelly
From: Johnson, Kelly
Sent: Thursday, January 09, 2014 12:14 PM
To: 'Jeff Whiting'
Subject: RE: SW8 020510, Waterford
Mr. Whiting,
Here are the answers to your questions:
1.) Renewal: When your permit reaches the expiration date it simply needs to be renewed. (This is because there
are laws that set expiration requirements). You simply submit the renewal application,
http://portal.ncdenr.ore/web/wa/ws/su/statesw/forms docs and a $505 fee.
2.) Transfer: Your permit will likely come up for transfer before the expiration date. There are many laws
governing permit transfer, but in general, the permit can be transferred from the developer to the HOA when
the developer has sold most of the lots to individual families. The permit doesn't necessarily transfer at the
expiration date. There is a form to transfer the permit called the Name/Ownership Change form, which is
available on the same website under "miscellaneous". You simply submit the form and we will inspect the
development. We try to get any problems resolved prior to transfer. Then, we re -issue the permit in the HOA's
name.
Hope that helps,
Kelly
From: Jeff Whiting [mailto:[e-mail]]
Sent: Thursday, January 09, 2014 11:04 AM
To: Johnson, Kelly
Subject: RE: SW8 020510, Waterford
Kelly,
I have forwarded all of our concerns to Cape Fear Engineering (who maintains the permit for Bert Exum). We are also
meeting with Bert next week to discuss mutual responsibilities for meeting permit requirements.
I have two more question for you. It appears that the permit has an expiration date of 2017. What does this mean? If it
gets to expiration what steps would be necessary for Waterford Master Residential Association to become the permit
holder?
Thank you very much for your accessibility and willingness to share information. It has been extremely helpful.
Happy New Year.
Jeffwh&x6vuj,
CAPT, USN (ret.), MBA
Association Manager
CEPCO
Consolidated Estate and Property
Control Corporation
2502 South 17th Street
Wilmington, North Carolina 28401

[phone] Direct
[phone] Ext. 2335 Office
[phone] Fax
jeff(@cgpco-nc.com
CONSOLIDATED ESTATE & PROPERTY CONTROL CORP. (CEPCO) INTERNET E-MAIL CONFIDENTIALITY STATEMENT: The information contained in this
transmission (Including any attached files) is CONFIDENTIAL and is intended only for the person(s) named above. If you received this transmission in error,
please delete it from your system and notify us immediately. If you are not an intended recipient, please note that any use or dissemination of the information
contained In this transmission (including any attached files) and the copying, printing, or retransmission of that information is strictly prohibited. You can notify us
by return e-mail. Thank you.
From: Johnson, Kelly[mailto:kelly.p.johnson(dncdenr.govl
Sent: Thursday, December 05, 2013 8:50 AM
To: Jeff Whiting
Subject: RE: SW8 020510, Waterford
Mr Whiting,
Here are the answers to your questions:
1.) Pumps can be permitted, but their horsepower is a function of the volume of the pond. We have a table that
summarizes how this works in our design manual if you want to know the details,
http://Dortal.ncdenr.org/c/document library/get file?uuid=ba49404a-b76e-4ed4-bf09-
80a12ab39a29&groupld=38364. See page 10-19. The table rounds down, so for instance a 350K cf pond could
have a 1hp pump. Your system is unusual in that there are several inter -connected ponds so if you want to add
fountains to your permit your engineer would just have to review the calculations on file and request the
appropriate pump sizes.
2.) The permit is between the State and the permittee, but for large subdivisions there is often an outside
document such as an operating agreement or a section of the recorded covenants that establishes
responsibilities such as financial responsibility. I do not know if that is the case or not for Waterford. That is
beyond the scope of the permit. Our permit simply sets requirements for the permittee to follow, and if those
responsibilities are delegated then we do not generally get involved to that degree. If something needs to be
done it is ultimately the permittee's responsibility.
3.) You could make "adjustments" that don't affect the permitted parameters such as the permitted elevations, the
pipe sizes, and any other parameters that the engineer has specified for the pond in order for it to "work". I
suppose there could be other "adjustments" that you could make that wouldn't affect the pond design, but I am
not sure what you want to adjust? Each pond has two permitted elevations listed in the permit that need to be
maintained. The first is the permanent pool elevation which is the elevation of the water when it hasn't rained
in a while. It is the elevation of the invert of the outlet orifice (the bottom of the exit pipe). The second is the
storage elevation which is the elevation of the pond after it has rained and the water has risen up to the various
overflow elevations between the ponds. These two elevations are important because the volume that must be
maintained per the law is held between them. So, they cannot be adjusted.
4.) Is this an already -installed drainage pipe or do you want to put one in? I assume you want to add one? If you
want to add one, you could have your engineer do that when you submit the modification package that you
were asking about yesterday. You would just have to make sure that the various areas of the subdivision drain
to the appropriate ponds. I don't know a lot about the Waterford system, but I have heard that there are
sections of the pond that are blocked off from one another by separate pumping systems. Waterford is very
unusual that way. So, your engineer would again have to go through the design calculations and determine the
appropriate path. The law requires the ponds to be in drainage easements. Its exact language on that is that
"all stormwater management structures" have to be in an easement. Engineers have interpreted that
differently over the years. Some engineers put the drainage infrastructure such as pipes in easements. Some
only put the main pipes in easements. Personally, I like to see all drainage structures in easements.
5.) Yes, you can split the permit into two. But, I would encourage you to think through re -assigning responsibilities
in your outside operating agreement if it turns out that you have one. You will want to know who will be
2

responsible for maintaining the ponds. I would also look into whether or not the ponds are attached to wells
and/or irrigation systems that are either accessed or maintained by the commercial side to make sure that you
will be able to maintain your ponds for the HOA without relying on the commercial side and vice versa. Or, you
need to have an operating agreement in place that details how the responsibilities will be divided if you have to
share them. I have heard that this may be the case.
If you have other questions, please let me know.
Kelly
From: Jeff Whiting f mailto:jeff(dcepco-nc.coml
Sent: Wednesday, December 04, 2013 3:51 PM
To: Johnson, Kelly
Subject: RE: SW8 020510, Waterford
Kelly,
haven't digested all of your information yet, but I do have a few specific questions.
1) Bert Exum installed some decorative fountains. Are they now permitted? Can the Home Owner's Association
move their locations?
2) Bert owns the permit, but the Waterford HOA is performing the required maintenance on the ponds within its
boundaries. Does this give us as users any rights under the permit?
3) As a non -discharge storm water system, can we make any adjustments to the out flows (all internal) without a
permit modification being required?
4) Does the southern boundary of this system (between Waterford and Magnolia Greens and paralleling Winding
Trail) include the installation of a drainage pipe and gratings. Would there be easements to record it?
5) When the SW Permit is transferred can it be split into two permits: one for the Waterford HOA and one for the
Waterford Commercial Area?
Thanks for your help. These questions have been plaguing me since I arrived here.
Jeff wha"aiV,
CAPT, USN (ret.), MBA
Association Manager
CEPCO
Consolidated Estate and Property
Control Corporation
2502 South 17th Street
Wilmington, North Carolina 28401
[phone] Direct
[phone] Ext. 2335 Office
[phone] Fax
jeff(a&cgpco-na.com
CONSOLIDATED ESTATE & PROPERTY CONTROL CORP. (CEPCO) INTERNET E-MAIL CONFIDENTIALITY STATEMENT: The Information contained in this
transmission (including any attached files) is CONFIDENTIAL and is intended only for the person(s) named above. If you received this transmission in error,
please delete it from your system and notify us immediately. If you are not an intended recipient, please note that any use or dissemination of the information
contained in this transmission (including any attached files) and the copying, printing, or retransmission of that information is strictly prohibited. You can notify us
by return e-mail. Thank you.

From: Johnson, Kelly fmailto:kelly.p.johnson(&ncdenr.govl
Sent: Wednesday, December 04, 2013 1:36 PM
To: Jeff Whiting
Subject: SW8 020510, Waterford
Jeffrey,
I got your voicemail about transferring and modifying this permit. This can be done two ways. Either the current
permittee can do the modification and then transfer it to the association, or the current permittee can transfer it to the
association and then the association can modify it. But, we try to get the projects in compliance before we transfer
them from one owner to another so that the second owner doesn't "inherit" anything that was left undone by the
original permittee.
I have attached some correspondence I have mailed on this in the last year or so. This past spring the Corning Credit
Union applied for an offsite permit to drain to this permit, and so as a part of that process I went through the master
Waterford permit (SW8 020510) to make sure that everything was in order for Corning to be built. I went back and forth
with the SW8 020510 permittee a few times, and once everything was OK for the Corning project I issued that permit.
The SW8 020510 permittee still has some items that haven't been addressed out there. Mainly, there have been some
tracts combined on the ground that aren't reflected in the permit. And, the whole SW8 020510 will need to be
inspected before it is transferred to make sure it is in compliance.
If you want to modify the permit, please contact your engineer to get the plans updated to reflect the changes you want
to make. There is also some paperwork that will need to be done. The application form (SWU-101) is available on our
website, http://i3ortal.ncdenr.ors/web/wa/ws/su/statesw/forms docs. The transfer form (also called the
Name/Ownership form) is also on that website under miscellaneous.
Thanks,
Kelly
K.eUi. ohwsoVU
Kelly Johnson
Environmental Engineer
NC Division of Energy, Mineral and Land Resources
Stormwater Permitting
127 Cardinal Drive Extension
Wilmington, NC 28405-3845
Office: 910.796.7331
Fax: [phone]

Johnson, Kell
From: Johnson, Kelly
Sent: Wednesday, December 04, 20131:36 PM
To: '[e-mail]'
Subject: SW8 020510, Waterford
Attachments: 2013 03 CEI_BIMS 020510.pdf; 2013 03 CEI_deficient 020510.docx; 2013 03 pictures
020510.pptx; 2013 04 Letter 020510.docx; 2013 07 master table 020510.xis; 2008 07 permit
020510.doc
Jeffrey,
I got your voicemail about transferring and modifying this permit. This can be done two ways. Either the current
permittee can do the modification and then transfer it to the association, or the current permittee can transfer it to the
association and then the association can modify it. But, we try to get the projects in compliance before we transfer
them from one owner to another so that the second owner doesn't "inherit" anything that was left undone by the
original permittee.
I have attached some correspondence I have mailed on this in the last year or so. This past spring the Corning Credit
Union applied for an offsite permit to drain to this permit, and so as a part of that process I went through the master
Waterford permit (SW8 020510) to make sure that everything was in order for Corning to be built. I went back and forth
with the SW8 020510 permittee a few times, and once everything was OK for the Corning project I issued that permit.
The SW8 020510 permittee still has some items that haven't been addressed out there. Mainly, there have been some
tracts combined on the ground that aren't reflected in the permit. And, the whole SW8 020510 will need to be
inspected before it is transferred to make sure it is in compliance.
If you want to modify the permit, please contact your engineer to get the plans updated to reflect the changes you want
to make. There is also some paperwork that will need to be done. The application form (SWU-101) is available on our
website, http://portal.ncdenr.ore/web/wa/ws/su/statesw/forms docs. The transfer form (also called the
Name/Ownership form) is also on that website under miscellaneous.
Thanks,
Kelly
►GeLLIWOh VS,SOVV,
Kelly Johnson
Environmental Engineer
NC Division of Energy, Mineral and Land Resources
Stormwater Permitting
127 Cardinal Drive Extension
Wilmington, NC 28405-3845
Office: 910.796.7331
Fax: [phone]

Johnson, Kelly
From:
Johnson, Kelly
Sent:
Monday, June 03, 2013 10:47 AM
To:
'Matt Haley'
Cc:
[e-mail]
Subject:
RE: Waterford Commercial Deed Restrictions
Attachments:
2013 04 master table 020510.xis
Matt,
I haven't been through this data in detail in a month or so. These details essentially make up the bulk of the add info for
the Waterford Master Permit (SW8 020510) due 6/17/13. But, from our previous correspondence over the past few
months on this, it is my understanding that a lot of the data permitted in 2008 has changed because the lots have been
further subdivided etc, and that the 2008 permit data is therefore not reliable until we get the data re -allocated for SW8
020510. 1 have attached the whole master table summary draft from my April 17, 2013 letter which summarizes all of
our correspondence on the data specifics to date. I have also summarized the Tract 0 piece below. (The Excel file has
additional notes inserted for items within the 2008 permit summary that don't add up where there are red triangles in
the corners of some cells.) Tract 0 Lot 10 was allocated 58,217sf of impervious in 2008, but I don't know the status of
what it is now allocated or what the deed restrictions say for the lots in Tract 0. 1 know that there are a lot of deed
restrictions recorded for Waterford, but I don't know which ones are the latest for each tract/lot because there have
been lots of changes over time and the master permit was not modified to reflect those changes as they were made
which has made the deed restrictions very difficult to follow.
X
Pert Nu tuber
Lot a
r 81JA
Apii 2M SUA
Sumer
JuIy 2009
Penvdt
Tract 0 Tola 1
225 VM
1, NB$
-
Roads
GGISM
$&; G
-
Fun a
123j661
123f651
-
6 LOIS
3%789
IM 9
SVdN 0906U2
Cowft
Lot 8
TM
35.789
-
Lot 9
7W
QMO
SW 130407
Goodal
Lot 1D
TM
S 17
-
Lot ]1
IM
44 =4
-
Lot .0
7BD
577�09
-
Lot 13
-
54AI70
From: Matt Haley [mailto: matt. [e-mail]]
Sent: Thursday, May 30, 2013 1:29 PM
To: Johnson, Kelly
Cc: [e-mail]
Subject: RE: Waterford Commercial Deed Restrictions
Kelly,
We are working for both the Waterford Developer and Corning Credit Union.

Page 4 of 11 of the July 3, 2008 permit specifically lists the permitted impervious area for lots 8-12 in Tract O as well as
some additional future impervious (123,651 sf). According to this page of the permit the Goodwill (Tract O lot 10) has
been permitted for 58,217 sf of impervious.
I have asked the attorney who prepared the deed restriction language to include reference to Tract O. My understanding
is that all of the "General Language" has been included in the "Master Restrictions" for the Waterford Commercial area.
This document was provided with the initial submittal. Ass additional properties have been sold/developed
Amendments have been recorded to specifically limit lot impervious areas. The provided Draft for Corning Credit Union
still references the "Master Restrictions" which are found in Book 3079 Page 344.
Please let me know if you have any other questions once you get a chance to review in more detail.
Thanks,
Matthew T. Haley - PE, LEED Green Associate
CAPE FEAR
ENGINEERING
From: Johnson, Kelly fmailto:kelly.p.johnsondncdenr.gov]
Sent: Thursday, May 30, 2013 9:33 AM
To: Matt Haley
Cc: tom(dd-e-inc.wm
Subject: Waterford Commercial Deed Restrictions
Matt,
Are you working for the Waterford Subdivision as a whole or just for Corning Federal Credit Union which is going in on
Tract O Lot 8 (SW8 080602)? 1 got a call yesterday from Tom Harrell (cc'd) who is with Goodwill (Tract O Lot 10). He is
applying for a permit (SW8130407) for his lot, and so we need to figure out how much impervious his lot has been
allocated by the Waterford permittee.
I received the attached draft deed restrictions for Lot 8 which you submitted recently, but it shows that Lot 8 gets
35,789sf which from the data we had previously is the amount allocated to all of the lots in Tract O together (see the
attached Excel file which shows the latest summary of the data crunched to date). There is also a 123.651sf "future"
allocation that can be divided out to the other lots in Tract O. Waterford needs to decide how to allocate all of the
impervious for the entire development (but at a minimum for Tract O for the Credit Union to be processed) because
what they are proposing in the attached draft deed restrictions doesn't match the latest Excel summary. I understand
that they may not know exactly how much to give lots that aren't sold yet because they may not even know what size
those lots will eventually be. But, there has to be a way to keep up with the information as it changes. And, we
definitely need to be able to have numbers for the lots within Tract O since the Credit Union's data will affect the data
for the other Tract O lots. Waterford needs to show that the amount of impervious that they will give to the Credit
Union will leave enough for the other lots in Tract O such as Good Will who are already in place and also need permits.
have cc'd Tom so that you (or perhaps someone else that you work with at Waterford) can work together to figure out
what numbers to record for Tract O.
Also, the current draft does not show both the tract and the lot number. It says "Lot 8" but there are several Lot 8's in
the various tracts. If they do not record deed restrictions that show both the tract and the lot then they need to provide
a copy of the map book/page that the deed restrictions reference so that we can keep up with all of this information. I
haven't gone through the entire document, but please make sure that it also contains all of the standard language that is
required. I also haven't gone through the other data (the Secretary of State info) that you have submitted. I will do so
when I get to this permit in my list of permits to review.
Thanks,

Kelly
K.eU'j ohwsow
Kelly Johnson
Environmental Engineer
Division of Water Quality
Stormwater Permitting
127 Cardinal Drive Extension
Wilmington, NC 28405-3845
Office: 910.796.7331
Fax: [phone]

Johnson, Kell
From: Johnson, Kelly
Sent: Thursday, May 30, 2013 9:33 AM
To: 'Matt Haley'
Cc: '[e-mail]'
Subject: Waterford Commercial Deed Restrictions
Attachments: Waterford Tract O Lot 8 Deed Restrictions.pdf; 2013 04 master table 020510.xls
Matt,
Are you working for the Waterford Subdivision as a whole or just for Corning Federal Credit Union which is going in on
Tract 0 Lot 8 (SW8 080602)? 1 got a call yesterday from Tom Harrell (cc'd) who is with Goodwill (Tract 0 Lot 10). He is
applying for a permit (SW8130407) for his lot, and so we need to figure out how much impervious his lot has been
allocated by the Waterford permittee.
I received the attached draft deed restrictions for Lot 8 which you submitted recently, but it shows that Lot 8 gets
35,789sf which from the data we had previously is the amount allocated to all of the lots in Tract O together (see the
attached Excel file which shows the latest summary of the data crunched to date). There is also a 123,651sf "future"
allocation that can be divided out to the other lots in Tract 0. Waterford needs to decide how to allocate all of the
impervious for the entire development (but at a minimum for Tract 0 for the Credit Union to be processed) because
what they are proposing in the attached draft deed restrictions doesn't match the latest Excel summary. I understand
that they may not know exactly how much to give lots that aren't sold yet because they may not even know what size
those lots will eventually be. But, there has to be a way to keep up with the information as it changes. And, we
definitely need to be able to have numbers for the lots within Tract 0 since the Credit Union's data will affect the data
for the other Tract 0 lots. Waterford needs to show that the amount of impervious that they will give to the Credit
Union will leave enough for the other lots in Tract 0 such as Good Will who are already in place and also need permits.
have cc'd Tom so that you (or perhaps someone else that you work with at Waterford) can work together to figure out
what numbers to record for Tract 0.
Also, the current draft does not show both the tract and the lot number. It says "Lot 8" but there are several Lot 8's in
the various tracts. If they do not record deed restrictions that show both the tract and the lot then they need to provide
a copy of the map book/page that the deed restrictions reference so that we can keep up with all of this information. I
haven't gone through the entire document, but please make sure that it also contains all of the standard language that is
required. I also haven't gone through the other data (the Secretary of State info) that you have submitted. I will do so
when I get to this permit in my list of permits to review.
Thanks,
Kelly
K.eU,�Jokvusovw
Kelly Johnson
Environmental Engineer
Division of Water Quality
Stormwater Permitting
227 Cardinal Drive Extension
Wilmington, NC 28405-3845
Office: 910.796.7331
Fax: [phone]

12= C��r L
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Pat McCrory Charles Wakild, P. E.
Governor Director
April 17, 2013
Mr. Robert C. G. Exum, Manager
Ms. Kimberly Exum, Manager
Exum Holdings, LLC (Tract F, Lot 3)
PO Box 1967
Wilmington, NC 28402
Mr. Dennis McLain, President
Goodwill Community Foundation, Inc. (Tract O, Lot 10)
4808 Chin Page Rd.
Durham, NC 27703
Subject: Request for State Stormwater Management Permit Application
Stormwater Project No. SW8130406 (Tract F, Lot 3)
Stormwater Project No. SW8130407 (Tract 0, Lot 10)
Brunswick County
Request for Additional Information
Waterford Commercial Phase II: SW8 020510
Brunswick County
Dear All Parties:
John E. Skvarla, III
Secretary
Request for State Stormwater Management Permit Application:
On April 12, 2013, the Wilmington Regional Office received notification that you are proposing (or have developed) a
project that is pars of a larger common plan of development, Waterford Commercial Phase II. The North Carolina
Administrative Code requires any project that is part of a larger common plan of development, or that proposes more
than 10,000 square feet of new built -upon area, or that must receive Sedimentation and Erosion Control Plan
approval, or that must receive a CAMA Major permit, to apply for and receive a Stormwater Management Permit
from the Division of Water Quality. Waterford Commercial Phase II is covered under State Stormwater Permit SW8
020510, a master permit which regulates impervious area development in the subdivision. As a lot owner in the
subdivision, you must obtain a State Stormwater permit for your lot. Over the next couple of months, the master
permittee, Bert Exum of WDV, Inc will be responding to requests from the Division of Water Quality (DWQ) to ensure
that the ponds at Waterford are constructed properly, modifying the master permit SW8 020510 to reflect the current
site layout, getting the site into compliance, and recording deed restrictions per his permit requirements. This letter is
to notify you of this on -going process and to inform you that you are required to obtain an Offsite State Stormwater
permit in accordance with the deed restrictions which will be recorded for this subdivision.
Either a Stom►waterPermitApplication Package including 2 sets of plans, completed application form, fee, and
supporting documentation, or a written response regarding the status of this project and the expected submittal date
must be received in this Office no later than 30 days after the deed restrictions have been recorded. Failure to
respond to this request may result in the initiation of enforcement action, and construction may experience a
subsequent delay. Any construction on the subject site, prior to receipt of the required permit, will constitute a
violation of 15A NCAC 2H.1000 and may result in appropriate enforcement action by this Office.
1617 Mail Service Center, Raleigh, North Carolina 27699-1617
Location: 512 N. Salisbury St. Raleigh, North Carolina 27604 ne
Phone: [phone] FAX: [phone] DENR Assistance:1-877-623-6748 N0 fC�ay+roliina
Internet: www.ncwateraualitv.om A 1111

Waterford Commercial Ph 2 Offsite Lots
April 17, 2013
Page 2 of 2
The NPDES 010000 Federal Stormwater Permit that accompanies the Erosion Control Plan approval letter must
NOT be considered the Coastal Stormwater Management Permit, which will be signed by the Supervisor of the
Surface Water Protection Section. Please reference the Project Number above on all correspondence.
I have updated the master table originally sent to you on March 13, 2013 to reflect the information you provided via
your letter dated April 12, 2013. Please review this table for accuracy, and make any necessary corrections. In
particular, please review Tract K. Tract K (Lot K1) appears to be covered under SW8 061114 which is issued to .
Weingarten Nostat, Inc and shows that this section is broken into six outparcels in addition to the Harris Teeter/Retail
area. These seven pieces of Tract K (Lot K1) total 1,075,751sf as shown in the attached master table. It appears
that Tract K (Lot K2) is not included in SW8 061114. 1 understand from your April 12, 2013 letter that you will be
working on this project over the next couple of months in response to my March 13, 2013 letter. Please ensure that
the deed restrictions and other documentation for master permit SW8 020510 are consistent with the various offsite
permits which have already been issued. If any offsite permit (such as SW8 061114) must be modified to reflect
actions that have already taken place in the subdivision, please notify the Division of that in your response. The
Division will then work with you and the offsite permittee(s) to work through those issues. If you need to review the
files, please contact my office to set up an appointment. Your proposed Plan of Action did not include a response
date. Please respond by June 17, 2013. You will also be copied on a separate letter regarding SW8 080602,
Corning Credit Union which will require deed restrictions on Tract 0 Lot 8 before SW8 080602 can be issued, which
will needed at an earlier date.
If you have any questions, please call me at (910)-796-7331 or email me at [e-mail]. This letter
has been copied to the Waterford Master Residential Association, Inc per their request.
SinceVenotal
yEnvirngineer
GDSlkpj: S:IWQS1StormwaterlPermits & Projects120131130406 Offsite12013 04 req_swapp 130406
S:IWQ&StormwaterlPermits & Projects120131130407 Offsite12013 04 req_swapp 130407
S:1WQS1StormwaterlPermits & Projects120021020510 HD12013 04 Letter 020510
S:1WQS1StormwateAPermits & Projects120061061114 HD12013 04 Letter 061114
enc: SW8 020510, Waterford Commercial Phase II Master Permit Impervious Area Summary
cc: Mr. Bert Exum, WDV, Inc, Master Permittee (SW8 020510), PO Box 1967, Wilmington, NC 28402
Weingarten Nostat, Inc (SW8 061114 permittee), 9420 Forum Dr., Suite 101, Raleigh NC 27615
Weingarten Nostat, Inc (SW8 061114 permittee), PO Box 924133, Houston, TX 77292-4133
Matthew Haley, Cape Fear Engineering (SW8 080602 engineer, Corning Federal Credit Union)
Wilmington Regional Office Stormwater File SW8 020510 (Waterford Comm. Ph2, Master Permit)
Wilmington Regional Office Stormwater File SW8 061114 (Waterford Comm. Dev, Tract KlLot K1)
Wilmington Regional Office Stormwater File SW8130406 (Tract F, Lot 3)
Wilmington Regional Office Stormwater File SW8130407 (Tract 0, Lot 10)
Waterford Master Residential Association, Inc.,
c/o CEPCO, 2502 S.17th St, Wilmington, NC 28401
Brunswick County Building Inspections
Division of Coastal Management

F-L-01O
(hM
Vy
UO
co
(ON"t00
rN00o
F.
M
M
V'
N0)00
v
O
wO
Of -ON
co
OO
O
O
�
f0
M
O
p
N
(O(D
01
V
OO
g
co
OOO
I�
OO
O
OM
co
f-O
�
OO
p0
V
O
C
N
(D
O
(O
I� O1
-}
tD
(D
O
O
M
M
O
a
r
m
O
cn
(D
M
b
Q p
N
N
N
N
O
r
r
coo
O
a
V'
N
N
M
ccoo
to
(D
ti
n1
�%}
(D (O
r
W
ti
(O
M
W)
O
C4
O
L�
N
Oi
N
0
O
0
L
C)
O�
0)
r
r
N
N
M
O
r•
Dp
I�
M
M
(vNj
Zy
E
O � y
�a
E
M
('.
C'.
CD
ga
E
�
o
o
o
M
:n
0
U
(�
�
n
J
�
2
�
m
o
r
w
E
U
CD
Z
H
m
m
c
m
.�
cy
a
w
a
y
U
U m
J
N
J
J a)
7
Q
l6
C Z
C
16
-o Ev
W
�xaxm
O N
O
�
QEv
E°
am
CoL'
COL
Z
m
`m
`m
g
U
3 c
�3 o
O
O U
w
co
UUUtA
3 to
o
v(~nn°0im
rn
vQDm
,
C4
LO
� J
lvl
�+
J
0
0
co
0
0
0
1
0
_M
O
O
C,
C,O
o
p
i
p
ODD
(D
CO
(0
O
COD
(D
O
O
N
(D
uo'f
O
p
f+
M
In
R
(A
M
N
N
co
�7
(O
C
.�..
(wD
m
V
N
I-m
tm
C
IpM
C
r-C
c
m
d
d
Qa
CL
d
a
v
N
3 N
(y
a
y
3
N
J
'
y
N
J
C_
j
a
Vf
N
J
N"
V7
61
0�
O
.�.
7
0
O�
O
«:.
�
M
(D
y
r
(O
V'
O
r
M
l�6
O
�
7
7
(D
�_
7
m
L
7�
7
r
0
N
0
M
O
�
0�
7
M�
T"
N
V
O
�
O
N
'O
7
J
O
7
C1i U.
J
Q'
Vi
LL
r
d'
(A
LL
0)
CO
f%i
O
LL
m
7
J
J
J
�'
LL
M
r
LL'
(n
-5
LL
N
(n
d'
f%J
LL
U"
p
`
O
O
E
IL
Q
m
o
LL
C,c9
co
x
Z
u
u
u
ii
ii
u
u
H
!
(p
T
H

M
W
O
(0
�
O
m
m
m
m
m
m
O
(O
0)
M
N
O
t�
L
U)
O
aO
Ir
O
u7
N
N
N
N
(O
M
N
O
c0
Il
IQ
P
I�
a 0
N
M
c�
p'(p�
O
�nj
n
N
h
M
O
�
Orf
O)
'Mr7
v
E
co
`O
N
O
W
M
as
E
rn
in
(n
(0
LO
cc
a
o
In
LO
LO
LO
In
M
to
2
a
E
O
Cl
+�
w
�
0
�
IL
`�'
F
H
Q
0
Z
N
U
C
c
_O
c
O_
c
O
(p C
O
N C
O
c
O
0
N
W
J 7
m
a
U
U
U
o
c
y
Z
La
lz
C
M
La
CO
H
a)
C a)
'V
tiC
c
as
4)
C
C
C a,
C
N Cm
com�
a
JJm
LL
(�1)
aZ�
�
E
@0
Z
ZZ
Z
Z
Zy
c
J Z
C
Z$N
yc
m
E
y
cOZ
a
-gy°pN
4
c.
0
am m
wd
and
(mad
O W
E N
O O
O Nb
ca
10 c
m o 2-2
m .E
cy
c'D
'a�
c
d
m C
.�
U d (oa
F d
a
g
01LL�
g a
�o
a
�03o
a°�i
m��-m
a
��((
E
E3 L'NL'�
..�
dy
u
a�a�
EE"�d�y0
�iO
O
W
E
U�
od��Fmy
U�S3u�3c
33c
c3c
oma`)
U=3
�.yca
c��
yo
�o�
3
O
Eo0�OD
m c
c
O�O�
c
c
-2
�v
o�c3c
��p�
3c
�O_���
c
C
LD
,:S
N
.2
iri
t O
N
T f!1
7
>�N
7JUNii
fq
(,i (A
Ufn
�JV
O N 743
D
O 7Z
U(D
U(4`
C �
CO
uN7N�
M
V
ik j
J
O) M
0
0
N
v
O
f00
c00
cop_
f�
N 47
M
m
�
J
m�
L
a0
n
Y
.0..
N
a1
7
pp
O
r
r
r
N
M
M
(O
M 'V'
Vi
N
O
L
O
M
N
a(/�LLn
ll!l
J
J
J
0
M
J
O
JJ
0
Q'fnLLFr
7
n
r
p
J
m
a)
m
p
J
V
V
O
M
r
M }
r
r
O
r
4m
• E
�
Y
(0
O
(0
O
CD
O
M
O
J
:�
z
�
aZ
ao
ao
co
ao
FOL
L
F

�"Ik'd§
§
§
§
I£.
A#@/
§§�
7�a
�
7 E •
CL
@
(
�
f
w
2� e
■�
«ƒ
}
j
k\
2
0
o
E
e
a s
e
/
#
2
) 2
2
k
�
g
_ §
_ �
-j
e_j
-1
2
\
A�
k2
&z6{2
�Z
\_\
70-
%J777L�
k=
2222`%)
9of_
40
2s
$){��
«�`cc
bfb§;2�
¥§�2`2�
U-oicq
�_00=3��
c
)\2�'�
)J)j)0J3\k\)k
%$
e�
�
(
%$
#
■
�
.
ems. |
�2
k
\
\
3-J
]
k�
00
)
0
co
&
k

STATE OF NORTH CAROLINA
Department of Environmental and Natural Resources
127 Cardinal Drive Extension
Wilmington, North Carolina 28405
[phone]
FILE ACCESS RECORD
SECTION ki�1 j 7c V fn W 1A'7C-1Z. 'L
TDdEMATE I� � Q'3U o j CC -aa%tAl
NAME 5-Allt 90-1-7E+
REPRESENTING S
Guidelines for Access: The staff of Wilmington Regional Office is edicated 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 guidelines 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 to review the files. Aupointments will be scheduled
between 9:00am and 3:00 m. Viewing time ends at 4:45pm Anyone arriving without an
appointment may view the files to the extent that time and staff supervision is available.
2. You must specify files you want to review by facility name. The number of files that you
may review at one time 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.
Cost per copy is $.05 cents. Payment may be made by check, money order, or cash at the
reception desk Copies totaling $5.00 or more can be invoiced for your convenience.
4. FILES MUST BE KEPT IN ORDER YOU FOUND THEM Files may not be taken from
the office. 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, large totes, etc. are
permitted in the file review area
5. In accordance with General Statue 25-3-512, a $25.00 processing fee will be chargcd and
collected for checks on which payment has been refused.
FACILITY NAME COUNTY
1. e,� oab5t c) �M uSE)kCX�
2.
3.
4.
Signature and Name of FirnalBusiness
Please attach a business card to thisform
COPIES MADE PAID
S:Admin..Me access
Date Time In Time Out
INVOICE

Casmer, Jo
From: Casmer, Jo
Sent: Thursday, A Ott , 13 22.18
To: 'kim(gd-e= c.com'
Subject: Waterfo - Stormwater Permit
Attachments: 20080 permit 020510.pdf
M
As requested.
_Ja Casmer
Administrative Assistant IV
NC Dept. of Environment & Natural Resources
Division of Water Quality -Surface Water Protection Section
127 Cardinal Drive Extension
Wilmington, NC 28405
Phone: [phone]
Fax: [phone]
Emall cormsponalenw to and from this address may be subject to the North Carolina Pub/lc Records Law and may be disdosed to third
parties.

CAPE FEAR
ENGINEERING
April 12, 2013
Kelly Johnson
Environmental Engineer
NCDENR
RE: Notice of Inspection — Non Compliant
Waterford
Stormwater Permit No. SW8 020510
Brunswick County
Dear Ms. Johnson,
?LA1V crV N-11 U N PER
Sw8 oaos i o Le-776e, 3/13/13
EGEIVE
APR 12 2013
Please find the following Plan of Action in response to your Notice of Inspection letter dated
March 13, 2013.
It is our understanding that the subject inspection was a result of the proposed Modification for
the Corning Credit Union Project (SW8 080602). Please note that because the Corning Credit
Union project is located on a property with an existing offsite permit and drains to a pond that
has been constructed and certified, the compliance issues associated with the master permit
should not prevent or delay issuance of the Corning Credit Union permit.
1. PE Certifications
As referenced in your letter, Pond 1 and Pond 14 were previously certified. The note
included on the certifications regarding impervious installation is still valid as there is
still ongoing development within the drainage areas of these ponds.
All other ponds have been constructed and need to be certified. It is anticipated that as -
built survey and field verification of these ponds will begin in the next 30-days. Due to
the significant size of the stormwater ponds and coordination required with homeowners,
it is expected that the survey will take several months.
Based on the results of the as -built survey it will be determined whether any field
modifications or permit modifications will be needed in order to certify the ponds.
Once all field modifications and/or permit modifications have been completed the
remaining ponds will be certified.
151 Poole Road, Suite 100 • Belville, NC 28451 • TEL: [phone] • FAX [phone]
www.capefearengineering.com

2. Master Table
a) Subdivision:
We are in the process of comparing the approved permit to the final subdivision
plan and lot configuration. It is anticipated that there will be some inconsistencies
that will require a permit modification.
Once any discrepancies have been identified a permit modification will be
submitted to NCDENR for review and approval. This permit modification will
also include any changes identified by as -built survey.
b) Offsite Permits:
We have provided current ownership information and a status summary for all
commercial lots within tracts A, E, F, K, M, N and O. Some of these lots are still
owned by WDV and some have been sold and/or transferred to other entities.
Additionally, some of the lots have been combined or subdivided. A permit
modification will be required to update the land plan and re -distribute impervious
areas.
The current Deed Restrictions for the Commercial area are somewhat vague in
regards to impervious limitations. Revised Deed Restrictions will be recorded to
specifically limit the allowed impervious areas for each commercial lot within the
development to match the permitted values.
3. Deed Restrictions
We are in the process of comparing the approved permit to the recorded deed restrictions
and the impervious values listed in the Master Table. A permit modification will be
submitted to correct any discrepancies.
4. Permit Modification
The pond in Tract O that was referenced in your letter is a temporary feature that will be
filled in when Tract O is sold and developed. The approved stormwater plans reflect the
site at build -out and therefore was not shown on the approved plans. To avoid any
potential issues, we will show and reference this existing pond when the permit is
modified.
5. Inspection
It is understood that the project will be re -inspected after the submittal of any permit
modifications.
10EIVE
APR 12 2013

6. Corning Credit Union at Waterford Commercial
As previously noted, because the Corning Credit Union project is located on a property
with an existing offshe permit and drains to a pond that has been constructed and
certified, the compliance issues associated with the master permit should not prevent or
delay issuance of the subject Offsite Permit Modification.
I trust that this information sufficiently addresses your request for a Plan of Action in response to
you Notice of Inspection letter. Once the as -built pond survey is complete we will have much
better idea about the time frame to submit for a permit modification. Please let me know if you
have any questions or need any additional information.
Sincerely,
/V)k
Matthew Haley, PE
CC: CFE File 650-30 "36"
�ECEIVE�
APR 12 ZOq
BY:

ATTACHMENT 1
WATERFORD COMMERCIAL LOT INFO
Tract A
Lot A2 —
This lot has been combined with Tract M — Lot M2. This change will be
incorporated in a stormwater permit modification for the master permit.
Tract F
Lot 1—
Current Owner — DHP, LLC
Construction Status — Complete
Permit Status — Unknown
Lot 2 —
Current Owner — Exum Holding, LLC
Construction Status — This is a vacant and undeveloped outparcel
Permit Status — An offsite permit will be required once this lot is developed.
Lot 3—
Current Owner — Exum Holding, LLC
Construction Status — This is the temporary sales center for Waterford subdivision
Permit Status — Unknown
Tract K
Lot Kl — This tract has been subdivided into a total of six lots. These lots are
labeled as Lots 1-6 on the attached Map for Record.
Lots K3 & K4 — These tracts have been combined into a single lot. This lot is
labeled as Lot 7 on the attached Map for Record.
These changes will be incorporated in a stormwater permit modification for the
master permit.
Lot 1 —
Current Owner — Weingarten Nostat Inc.
Construction Status — Complete — Wells Fargo Bank
Permit Status — Unknown
Lot 2—
Current Owner — Flamingo South, LLC�� ��
Construction Status — Complete — Smithfields
e
APR 12 2013

Permit Status — Unknown
Lot 3 —
Current Owner - Weingarten Nostat Inc.
Construction Status — This is a vacant and undeveloped outparcel
Permit Status — An offsite permit will be required once this lot is developed.
Lot 4 —
Current Owner — Weingarten Nostat Inc.
Construction Status — This is a vacant and undeveloped outparcel
Permit Status — An offshe permit will be required once this lot is developed.
Lot 5 —
Current Owner — Weingarten Nostat Inc.
Construction Status — This is a vacant and undeveloped outparcel
Permit Status — An offsite permit will be required once this lot is developed.
Lot 6—
Current Owner — Weingarten Nostat Inc.
Construction Status — Complete — Harris Teeter Shopping Center
Permit Status — Unknown
Lot 7 —
Current Owner — Weingarten Nostat Inc.
Construction Status — This is a vacant and undeveloped outparcel
Permit Status — An offsite permit will be required once this lot is developed.
Tract M
Lot M2 —
Tract A -Lot A2 has been combined with Lot M2. This change will be
incorporated in a stormwater permit modification for the master permit.
Current Owner — Exum Holdings, LLC
Construction Status — This is a vacant and undeveloped outparcel
Permit Status — An offsite permit will be required once this lot is developed.
Tract N
Lot 1—
Current Owner — Exum Holdings, LLC
This lot is likely to be subdivided into multiple smaller out -parcels. At such time
that this lot is subdivided the master stormwater permit will be modified to reflect
multiple lots. Each individual lot will require a separate offsite permit when
developed.

Tract O
Lot 8 —
Current Owner — Corning Federal Credit Union
Construction Status — This is a vacant and undeveloped outparcel
Permit Status — Offsite Permit is Pending (SW8 080602)
Lot 9 —
Current Owner — Exum Holding, LLC
Construction Status — This is a vacant and undeveloped outparcel
Permit Status — An offsite permit will be required once this lot is developed.
Lot 10 —
Current Owner — Goodwill Community Foundation, Inc.
Construction Status — Complete
Permit Status — Unknown
Lot 11—
Current Owner — Exum Holding, LLC
Construction Status — This is a vacant and undeveloped outparcel
Permit Status — An offsite permit will be required once this lot is developed.
Lot 12 —
Current Owner — Exum Holding, LLC
Construction Status — This is a vacant and undeveloped outparcel
Permit Status — An offsite permit will be required once this lot is developed.
IEE IVE
APR 1
By.-----

I
/037M03
ER
DJUMBE\ \ PIN DDB 1929 PGC1312PIN NUMBER 0370005010
1 / INC
PIN NUMBER 04700058 / �*
DB 1603 PO 1161 /
\ \ \ / 4F
SMITH 1MLLIAM L ETUK
EUZABETH A
\ \�
OB 1862 PG 0391
PIN NUMBER 0470003621
W
NC GRIV NAD
N 171702.3030
y £ 229520@5141
E%LNI F
� 0148
04
y
EKUM FAMILY, LLC
DB 2041 PG 0579
PIN NUMBER 0470003622
1
0
—1—�
ON
DEMARIA ANGELO 1
DB 2054 PG 0407
a
O
PIN NUMBER 04700030M
I
I�
7
SCALE: 1' = 100'
0 ab 1
' yygTERFORD WygY
5' WE R/N' AWE
U3 HWY 17
PILIBY,CA7MNTQIFNNY
PAbVT01rMMYWVW K4FM
.61I CM
243 NORTH FRONT STREET
1MLMNGTON, NORTH CAROLINA 28401
TELE 9f0 343-1048
FAK 910 794-1154
Nvrriak Canty, �l�e� e� p�y�'2 d'2 �
NCGS S71&WM
N 17384$;7;15
SS53713 E 23002314;1
9�1Y 3571.7g� EL 27.85'
'511.97
NC GIM MAD 83
N 171911.8045
E 2297307.0783 V
COAMEWAL MMOPWAIT AT 77/9ISW{.sTil /
L;lQ72HRMV I WMES WA% wgvn#L-
C1L> 1t QEi MOFMW - !Wl79ftM DENLOPl1' W
.. _ 70MNCL�C7GN1��-017pV7Y-AlallJliCMLlL11M
�V DAM ALYXMW BQALB r-XV
NOTES
1) MINIMUM BUILDING SETBACKS ARE:
FRONT 25'
SIDE 7.5'
REAR 20'
JOB NUMBER 0462BOODI
D% G NUMBER va101-046280001
PLS DLJ
PARTY CHIEF MC
CAD TECH ACS
FIELD BOOK IM014/57-59
SHEET 2 OF 2
APR 122013

CAPE FEAR
Engineering, Inc.
151 Poole Road, Suite 100
Belv#A% NC 28451
TEL [phone]
FAX [phone]
www.capefearengineering.com
To:
NCDENR
Wilmington Regional Office
127 Cardinal Drive Ext.
Wilmington, NC 28405
Attn:
Kelly Johnson
�WgcdC)s1n
Transmittal
Date: April 12, 2013
File: 650-30 "36"
Subject: Plan of Action
Waterford Development
SW8 020510
❑ As Requested ❑ For Your Files ❑ For Distribution ® For your Review / Action / Approval
❑ Sent via Mail ❑ Sent via Courier
Quantity
Description
1
Original
Plan of Action
RECD APR 12 2013
APR 12 2013
REMARKS If you have any questions please call me at 910-383-1044.
Thank you.
CC: File 650-30 "36"
N.
J
Cape Fear Engineering, Inc.
Signed: 1AAL10- Ix,'
Matthew Haley, RE
Received By:
Date:
P:16501650-301Admin\STORMWTR\201312013-04-12 Trans NCDENR doc

A
"A
MCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Pat McCrory Charles Wakild, P. E. John E. Skvarla, III
Governor Director Secretary
March 13, 2013
Mr. Bert Exum, President
WDV, Inc.
PO Box 1967
Wilmington, NC 28402
Subject: Notice of Inspection — Non Compliant
Waterford
Stormwater Permit No. SW8 020510
Brunswick County
Dear Mr. Exum:
On March 13, 2013, Kelly Johnson of the Wilmington Regional Office of the Division of Water Quality (DWQ)
conducted a file review inspection of Waterford in Brunswick County to determine compliance with Stormwater
Management Permit Number SW8 020510 issued most recently on July 3, 2008. DWQ file review revealed that the
site is not in compliance with the terms and conditions of this permit.
The following deficiencies must be resolved:
PE Certification: Please submit PE Certifications for all ponds that have been built. A certification for ponds
1 and 14 is on file from March 13, 2008 which noted that at that time the impervious construction was not
yet complete. It appears from Google Earth that all ponds have now been constructed.
2. Master Table: Please see the enclosed master table which has been developed to tract the offsite permits
draining to this system and the impervious allocated to each lot. This table is consistent with the July 3,
2008 permit.
a. Subdivision: If the development has been further subdivided such that it does not match the
permit, please identify and correct the discrepancies, and submit for a permit modification.
b. Offsite Permits: All commercial lots inside tracts A, E, F, K, M, N, and 0 that are not owned by
WDV, Inc. must obtain their own offsite permits per Section II (12) of your permit. (This would also
apply to any other commercial tract if it has been subdivided under a different identifier.) If you
maintain ownership of a tract or lot inside a tract and lease the tract or lot to another entity such
that you are still responsible for maintaining the impervious area in the lot please note that on the
master table on your resubmittal. In this case, the applicable lots(s) can be covered under SW8
020510, but deed restrictions are still required to be recorded for those lot(s) prior to their sale if
they are ever sold. The Division will contact the owners of each lot that has been sold to request
an offsite stormwater permit as required by your deed restrictions if offsite permit(s) are not already
in place.
1617 Mail Service Center, Raleigh, North Carolina 27699-1617
Location: 512 N. Salisbury St Raleigh, North Carolina 27604 One
Phone: [phone] FAX: 9M807-64921 DENR Assistance:1-877-623-6748 NofthCarolffia.
Internet: www.nswateroualitv.ora ` aturil/iff

Exum
March 13, 2013
Page 2 of 3
3. Deed Restrictions: Please submit a copy of the recorded deed restrictions per Section II (12) of your permit.
If discrepancies in impervious area are identified between the permit, the plans, and the master table please
correct the discrepancies, revise the deed restriction language, and submit the revised restrictions. If
necessary, please also submit for a permit modification. Some discrepancies between the amounts of
impervious area allocated and the impervious area in the permit have been identified, and examples are
provided below. If you agree with these discrepancies or if you find additional discrepancies during your
due diligence for the PE Certification, please apply for a Plan Revision or a Permit Modification as
necessary:
a. Tract B: It appears that more impervious area has been accounted for under"lots" than has been
allocated, which would create a "future" amount for this tract. If you are not in agreement, please
note that in your response.
b. Tracts C, G, H, and J: It appears that the allocation accounted for under "lots" does not match the
total in the permit.
4.
Permit Modification: If any parts of the subdivision have been modified such that it is now different than the
permitted plan, please submit a permit modification. For instance, there is a pond in Tract 0 that is not on
the master plan.
5. Inspection: This project will be inspected after your re -submittal.
Corning Credit Union at Waterford Commercial: This offsite permit, SW8 080602, is under review. The
pond(s) treating this development must be constructed and compliant, deed restrictions must be recorded,
and a PE Certification must be submitted prior to this, permit being issued.
This letter has been copied to the Waterford Master Residential Association, Inc per their request. Please inform this
Office in writing before April 15, 2013, of the specific actions that will be undertaken and the time frame that will be
required to correct the deficiencies. Failure to provide the requested information, or to respond to this letter by the
due date, may initiate enforcement action including the assessment of civil penalties of up to $25,000 per day. If a
written plan of action is not submitted to this office by April 15, 2013 then DWQ staff will re -inspect the site and issue
a Notice of Violation if the listed deficiencies have not been addressed.
Please be reminded that if an ownership change, or a name change or.a mailing address change has occurred, it is
your responsibility to submit a completed and signed Name/Ownership Change form to the Division. Please include
the name, mailing address and phone number of the party who is now responsible for this permit.

Exum
March 13, 2013
Page 3 of 3
If you have any questions, please contact Kelly Johnson at the Wilmington Regional Office, telephone number (910)
796-7331 or [e-mail].
Since ,
elly Flo on
Enviro ental Engineer
GDS/kpj: S:IWQSIStormwaterlPermits & Projects120021020510 HD12013 03 CEI_deficient 020510
enc: Master Table, dated March 13, 2013 - DRAFT
cc: WiRO Stormwater File SW8 020510
WiRO Stormwater File SW8 080602
Matthew Haley, Cape Fear Engineering (SW8 080602 engineer)
Mr.Jason Bierman, VP and CAO,
Corning Federal Credit Union, PO Box 1450, Corning, NY 14830-1050
Waterford Master Residential Association, Inc.,
c/o CEPCO, 2502 S.17th St, Wilmington, NC 28401

SINS 020510 - Waterford
3/13/2013 - DRAFr
Permit
Lot #
BUX Lot
# of
Offaite Facility Name
Offaite
Impervious Area
Impervious Area
Number
(or BUA Type)
(of)
Lots
Permit Date
Proposed
(Perswe 020510)
(Par Ofsfes Permiq
(af)
Tract A
250,737
Roads
222,437
Sidewalk/Parkin
10,459
Future
-
71
0
TBD Lot A2 1 17,841 11 117,841
Tract B
1,083,716
-
Roads
-
,
-
Sidewalk/Parkin
-
24,322
94
-
Future
31,400
163 Lots
783,600
-
1-45
3,600
45
-
46-102
5,800
57
103-130
4,500
28
-
131-183
5,000
33
Tract C
466,261
Roads
_
117,6121
3,04,9
Future
0
96 Lots 3,6001 961
345,600
Tract D
146,798
-
Buildin s Ameni , etc
6,970
Sidewalk/Parking
-
78,408
Other
-
-
61,420
Future
-
_
0
Trac! E (all future A)
853 400
Tract F
120,661
?
ILot 1
64,6131
1
Sold? _
9
64,613
?
Lot 2
1 27,0191
1
Sold?
-
?
27,019
7
jLot3
1 29.0291
1
Sold?
?
29,029
Tract G
3 6
Roads
20702 34
,
Future
-
-
0
0
138 Lots
-
595,050
1-41
5,250
41
42-104
3,800
63
105-138
4,500
34
_
Tract H _
390,408
-
Roads
77,101
-
Sidewalk/Parkln
-
1,3 77
-
Future
-
-
0
-
52 Lots
6,000
52
312 000
Tract l
441032,980
-
Roads
_
103,672
Sidewalk/Parkin
1,307
-
Future
_
0
-
8,000
41
-
328.000
Tract J
1 237124
Roads
839
311,485
Sidewalk/Parktn
3,485
Future
0
177 Lots
-
-
-
921,800
1-48
6,000
48
-
49-100
3,800
52
-
101-128
5,800
28
-
129177
5,800
49
-
Tract K
1,096,167
?
Lot K1
753,152
1
Subdivided? Bank, SmithBelds
?
753,152
?
LotK3 I
291.6igi
1 I
Harris Tester
?
291,619
?
Lot K4 1
51,3961
1 JOutparcel
Jersey Mikes & Dentist)
?
51,396
Tract L
1,560,223
Roads
_
-
-
-
385.070
Sidewalk/Parkin
-
61,855
-
Future
0
-
Townhomes
_
-
177 Lots
-
-
909
98950
,550
1-134
6,000
134
135-177
3,850
43
Tract M
191.722
TBD Lot M2 1 191,7221 11
191,722
Tract N (all future
419.047
Tract O
1 066 6
Roads
_
, 53
Future
-
_
-
-
-
123,651
51
B Lots
832,899
SW8 080602
Lot 8
35,789
1
Coming Credit Union at Waterford Commercial
TBD
35,789
-
TBD
Lot 9
63,430
1
?
Lot 10
58,217
1
Goodwill
?
TBD
Lot 11
44 084
1
-
TBD
Lot 12
577 309
11
TBD
Lot 13
54,0701
1
Total: 9,874,726

Compliance Inspection Report CX-Ld�
Permit: SW8020510 Effective: 07/03/08 Expiration: 02/15/21 Owner: WDV Inc
Project: Waterford Phase II
County: Brunswick Poole Rd
Region: Wilmington
Leland NC 28451
Contact Person: Bert Exum Title: President Phone: [phone]
Directions to Project:
Follow Hwy 17 South out of Wilmington past Hwy 74, 76 overpass. First turn on right is Poole Road. Project entrance straight off Poole
Road.
Type of Project: State Stormwater - HD - Detention Pond
Drain Areas: 1 -(Sturgeon Creek) (03-06-17 ) ( C;Sw)
On -Site Representative(s):
Related Permits:
SW8080602 Corning Federal Credit Union - Coming Credit Union at Waterford
Commercial
Inspection Date: 03113/2013 Entry Time: 07:00 AM Exit Time: 11:00 AM
Primary Inspector: Kelly Johnson Phone: [phone]
Secondary Inspector(s):
Reason for Inspection: Routine Inspection Type: Compliance Evaluation
Permit Inspection Type: State Stormwater
Facility Status: ❑ Compliant ■ Not Compliant
Question Areas:
State Stormwater
(See attachment summary)
Page: 1

Permit: SW8020510
Inspection Date: 03/13/2013
Inspection Summary:
File Review
Is the permit active?
Owner - Project: WDV Inc
Inspection Type: Compliance Evaluation
Signed copy of the Engineer's certification is in the file?
Signed copy of the Operation & Maintenance Agreement is in the file?
Copy of the recorded deed restrictions is in the file?
Reason for Visit: Routine
Comment: PE Cert: Need full certification
Deed Restrictions: Needs to be submitted. The data submitted does not list the BUA
requirements for the offsite areas.
Built Upon Area
Is the site BUA constructed as per the permit and approval plans?
Is the drainage area as per the permit and approved plans?
Is the BUA (as permitted) graded such that the runoff drains to the system?
Comment: File review only.
01AI RM---••---
Are the SW measures constructed as per the approved plans?
Are the inlets located per the approved plans?
Yes No NA NE
■ ❑ ❑ ❑
Yes No NA NE
❑ ❑ ❑ ■
0000
Are the outlet structures located per the approved plans? ❑ ❑ ❑ ■
Comment: File review only.
Operation and Maintenance Yes No NA NE
Are the SW measures being maintained and operated as per the permit requirements? ❑ ❑ ❑ iM
Are the SW BMP inspection and maintenance records complete and available for review or provided to DWQ ❑ ❑ ❑ ■
upon request?
Comment: File Review only.
Page: 2

SOSID: 0628550
Date Filed: 6/12/2012 9:21:00 AM
CD-479 (42) Business Corporation Annual R Elaine F. Marshall
12-6-11 North Carolina Secretary of State
Name of Business Corporation: W . D . V . , INC.
Secretary of State ID: 0628550 State of Formation: NC Fiscal Year Ending: 12 31 11
1 hereby certify that an annual report completed in its entirety has been submitted and the information requested below (required by
NCGS 55-16-22) has not changed and is therefore complete.
Section A: Registered Agent's Information
1. Name of Registered Agent: ROBERT C. G . EXUM
2. Signature of the New Registered Agent:
(Signature constitutes consent to the appointment)
3. Registered Office Street Address & County 4. Registered Office Mailing Address
503 OLDE WATERFORD WAY SUITE 20 PO BOX 1967
BRUNSWIC LELAND NC 28451 WILMINGTON NC 28402
Section B: Principal Office Information
1. Description of Nature of Business: REAL ESTATE DEVELOPMENT
2. Principal Office Phone Number: 910 - 3 9 2 - 9 3 2 5 3. Principal Office Email:
4. Principal Office Street Address 8 County 5. Principal Office Mailing Address
503 OLDE WATERFORD WAY SUITE 20 PO BOX 1967
LELAND NC 28451 WILMINGTON NC 28402
Section C: Officers (Enter additional Officers in Section E.)
Name: ROBERT C. G . EXUM Name:
Name:
Title: PRESIDENT Title:
Title:
Address: 2024 LYNNWOOD D Address: Address:
WILMINGTON
NC 28403
Section D: Certification of Annual Report Section D must be completed in its entirety by a person/business entity.
(Form must be signed by an officer of corporation)
ROBERT C G EXUM
Print or Type Name of Officer
V 2-s-i2—
Dale
PRESIDENT
Title

NNSWARDANDSMITH,R& ALLEN N. TRASK, III, Attorney at Law
127 Racine Drive
University Corporate Center (28403)
Post Office Box 7068
Wilmington, NC 28406-7068
September 18, 2012
North Carolina Division of Water Quality
Wilmington Regional Office
127 Cardinal Drive Extension
Wilmington, NC 28405
Attention: Mr. Jim Gregson
RE: Waterford Master Residential Association, Inc.
Our File 080888-00004
Dear Mr. Gregson:
P: 910.794.4804
F: 910.794.4877
[e-mail]
ECEIVE
IR i g 1111
BY:
The undersigned and this law firm represent Waterford Master Residential Association, Inc. (the
"Association"). Stormwater Permit No. SW8 020510 (the "Permit") affects all of the Waterford
Community. The Association currently is electing its own Board of Directors, but Bert Exum and WDV,
Inc. are collectively the permittees under the Permit (the "Permittees").
It is the Association's understanding that the Permittee intends, at some time in the future, to attempt to
transfer the Permit to the Association. Subject to the satisfaction of the requirements imposed by North
Carolina law and the Division of Water Quality's policies and procedures, the Association is prepared to
cooperate with the transfer of the Permit. In light of the fact that the Association will be responsible for
the maintenance and repair of the stormwater management facilities after any such transfer, the
Association requests that it be included in the transfer process. To this end, the Association specifically
requests that it be afforded an opportunity to review the required certifications from the Permittee's
engineer prior to any transfer of the Permit to the Association.
The Association also requests that it receive notice of any correspondence and actions related to the
Permit. The appropriate point of contact for the Association is:
Waterford Master Residential Association, Inc.
c/o CEPCO
2502 South 17th Street
Wilmington_, NC 28401
ASHEVILLE GREENVILLE NEW BERN
www.wardandsmith.com
RALEIGH WILMINGTON

WARDAND SMITH, PA.
North Carolina Division of Water Quality
September 18, 2012
Page 2
In addition to that point of contact for the Association, I would be grateful if you would send any
correspondence or notifications regarding the Permit and the contemplated transfer of the Permit to me
as legal counsel to the Association. If you have any questions regarding this correspondence, please not
hesitate to contact me.
Yours very truly,
Allen N. Trask, III
ND: 4842-3004-1361, v. 1
cc: Waterford Master Residential Association, Inc. (via email)
Permittees c/o Mr. H. Mark Hamlet
Mr. Alexander C. Dale

STATE OF NORTH CAROLINA
Department of Environmental and Natural Resources
127 Cardinal Drive Extension
Wilmington, North Carolina 28405
[phone]
FILE ACCESS RECORD
SECTION
TIME/DATE l0 /0-a h a 3" Q- q i �0
NAME N (le,,,., %( A\') (,,,I
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. Please read
carefully the following guidelines 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 to review the files. Appointments will be scheduled
between 9:00am and 3:00ym. Viewing time ends at 4:45pm. Anyone arriving without an
appointment may view the files to the extent that time and staff supervision is available
2. You must specify files you want to review by facility name. The number of files that you
may review at one time 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.
Cost per copy is 2.5 cents for ALL copies if you make more than 25 copies. There is no
charge for 25 or less copies. Payment may be made by check, money order, or cash at the
reception desk. Copies can also be invoiced for your convenience.
4. FILES MUST BE KEPT IN ORDER YOU FOUND THEM. Files may not be taken from
the office. 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, large totes, etc. are
permitted 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. y Ae&K � S oao5 « S59_1
2.
3.
4.
5.
Signature and Name of Firm/Business Date Time In Time Out
Please attach a business card to this form
COPIES MADE PAID INVOICE

STATE OF NORTH CAROLINA
Department of Environment and Natural Resources
WIRO Regional Office
FILE ACCESS RECORD
SECTION SWP DATE/TIME
NAME J e rf �REPRESENTING eT ran T --f o
443 -&ztr
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 cant' 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
D.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
1. 64) A4-e r-!; rd
2. W $O 30 ►'La
3. S1„->S010 06
4. s wso z_OS1 O
5. , I �A,
Ps _1
Signa ame'of Pirm or Business Date
(Please ach business cam to form if available)
# Copes:
40
Amt. Pd: —(0Q17
COUNTY
Time In. Time Out

STATE OF NORTH CAROLINA
Department of Environment and Natural Resources
WIRO Regional Office
FILE ACCESS RECORD /
SECTION SWP DATE/TIME `
NAME /;0ef jX Z-/:��EPRESENTING
9t 9 0 7o
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
D.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, an r prior to
reviewing files.
FACILITY NAME
i�
Signature/Name of Firm or B
(Please attach business cam to
# Copes: Amt. Pd:
Time In. Time Out