SW8021109_Compliance Evaluation Inspection_20240930

STATE OF NORTH CAROLINA, Department of Environmental Quality,
127 Cardinal Drive Extension,Wilmington,North Carolina 28405 [phone]
FILE ACCESS RECORD
DEQ SECTION: Pe'Mt. l Svc REVIEW TIME/DATE: g/3'1,Ale ,(-2i21; .
NAME: 6egriCL1Pr1' EMAIL: 3 r e'I ci* .G•,�.
REPRESENTING: PHONE: `((O C,l-4- `-' -
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FACILITY NAME COUNTY
1. SW $U2t.1o°1.
2
3.
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SCR) s t9v% 4Y\ S‘tvcc4 / /
Signature and Name of Firm/Business Date MM/DD/YY Time In Time Out
COPIES MADE PAID INVOICE A1V�
G:/ADM/Shared/File Revi(5'
Access Form rev 2022

Lewis,Linda
From: davidgreerconst <[e-mail]>
Sent: Sunday,January 11,2015 11:35 AM
To: Lewis,Linda
Cc: Charlie Cazier
Subject: Storm Water Permits: Update
Hey Linda,
Please allow this email as my response to your recent letters pertaining to
projects developed by David Greer Construction Inc., through the years, in New Hanover
and Pender County. It is my goal for the first half of 2015, to try to complete any modifications
and or improvements on the list of projects listed below. We are currently working on three
at this time.
g o33
SW 7 f
1. Inlet Point Harbor: Intracoastal Engineering has been working on the BUA, and has
submitted new numbers for your review as of this letter.With the new numbers,we will
have a new document drafted so as to make this of record. Also the Storm water Permit
will be transferred to the Inlet Point Harbor Homeowners Association.
S6vZo012C,
2. Bridgewater Bluffs/Blossom Ferry: Greg Thompson, has been hired,to determine what
issues are present at that location, pertaining to the roads, drainage, and storm water pond.
When those issues have been defined,we will address those, in addition to those indicated
in your letter dated December 18, 2014.
5601o2 ZIF 5(1403(((1 s irfa4o7o? 5GvYo4(((2v
3. Pecan Grove: Master , 3, 4 and 5 Phases: Intracoastal Engineering has been working on this modification,
and has received the modified permit for Phase 3, at this time.We will get the copies of the recorded deed
restrictions to you on the phases you asked for this coming week.
We will be talking with the HOA about signing the transfer of the Storm Water Permit also.
.5co 000F0/
4. Edgewater Trace: I need to talk to Heath Clark, about the status of the Homeowners Association
in Edgewater, I think he has completed all of the homes at this time, but I will follow up with him,
and see what I need to do to get the permit transferred over to the HOA.
5CupoZ((D/
5. Johns Creek South: I will get you a copy of the recorded deed restrictions, and also talk the
homeowners president about transferring the permit to the Johns Creek South HOA.
f 990505
6. Sedgley Abbey: I have not been able to do anything on this project, but I do have your
letter dated November14, 2014. Just as soon as Charlie, at Intracoastal Engineering,finishes
some of the other projects listed above,we will start working on this.
We will continue to work on these projects, until)we get the complete to your satisfaction. The
time frame I would think would be from 4 to 6 months. Thank you for all your asistance in these matters, and
look forward to getting caught up.
David Greer
David Greer Construction, Inc.
910-443-4106
[e-mail]
i

NCDENR •
North Carolina Department of Environment and Natural Resources
Pat McCrory• John E. Skvarla,III
Governor Secretary
December 11, 2014
David Greer, President
David Greer Construction, Inc.
PO Box 15064
Wilmington, NC 28408
Subject: Notice of Inspection—Request for Additional Information
Johns Creek South Low Density Project
State Stormwater Management Permit No. SW8 021109
New Hanover County
Dear Mr. Greer:
On November 13, 2014, the Wilmington Regional Office of the Division of Energy, Mineral and Land
Resources (DEMLR) inspected Johns Creek South, Summer Hideaway, in New Hanover County to
determine the status of compliance with the low density State Stormwater Management Permit Number
SW8 021109 issued to you on February 6, 2003. DEMLR file review and site inspection revealed that
additional information is required before a final determination of compliance with the terms and
conditions of this permit can be made. Please find a copy of the completed form entitled"Compliance
Inspection Report" attached to this letter,which summarizes the findings of the recent inspection.
As indicated in the attached inspection report, the following information is required in order to transfer
the permit to the HOA:
1 A copy of the recorded deed restrictions was not submitted as previously requested via email on
September 9, 2014, The Division searched for and downloaded a copy from the New Hanover
County Register of Deeds website. Please note that failure to submit the required documents or
to respond to a request for information are violations of the stormwater permit
2. You remain listed with the NC Secretary of State (NCSOS) as the registered agent for Johns
Creek South Homeowners Association, Inc. If there is a new HOA president, please file the
necessary paperwork with the NCSOS and provide that contact information on the completed
and signed Name/Ownership Change form. A copy of this letter is being mailed to all 13 lot
owners in Johns Creek South.
3. The Division is unable to confirm that no lot has exceeded the 5500 sf BUA maximum. Please
provide verification of this. Several of the lots have rear garages which necessitate longer than
average driveways.
4. In order to initiate the permit transfer process, please submit the BUA verification information, a
copy of the recorded deed conveying the common area to the HOA, and a signed
Name/Ownership Change form. Since the subdivision is less than 20 lots, you will not be able to
use the HOA Permit Transfer form. You will need to use the longer Name/Ownership Change
form and have the HOA sign off.
Please inform this Office in writing before January 11, 2015, 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 January 11, 2015 then DEMLR staff will re-inspect the site and issue a Notice
of Violation if the listed deficiencies have not been addressed.
Division of Energy,Mineral,and Land Resources
Land Quality Section—Wilmington Regional Office
127 Cardinal Drive Extension,Wilmington, North Carolina 28405•[phone] I Fax[phone]

Mr. Greer
December 11, 2014
Please be advised that you are required to comply with the terms, conditions and limitations of
your Stormwater Management Permit under Title 15A North Carolina Administrative Code 2H
.1003 and North Carolina General Statute 143-214.7, including limiting each lot to its maximum
BUA, enforcing the prohibition against collection piping, and maintaining the roadside swales.
Violations of your Stormwater Management Permit may be subject to the assessment of civil •
penalties of up to $25,000 per day per violation.
If the property associated with this project has been/will be sold or legally conveyed to another
entity or if the project or permit holder has changed its name and/or mailing address, it is your
responsibility as the permittee to submit a completed and signed Name/Ownership change form
to DEMLR at least 30 calendar days prior to making the changes. These forms are available on
our website at: http://portal.ncdenr.org/web/Ir/state-stormwater-forms docs.
If you have any questions, please contact me at the Wilmington Regional Office, telephone
number(910)-796-7215 or via email at linda.lewisancdenr.gov.
Sincerely,
4:70(Gv141Wia
Linda Lewis
Environmental Engineer III
Enc: Compliance Inspection Report
4DS1arl: 111Stormwater\Permits&Projects120021021109 LD1201412 CEI_addinfo 021109
cc: Georgette Scott, Wilmington Regional Office Stormwater Supervisor
WiRO Stormwater File
Johns Creek South Lot Owners
Rutledge— 1303 Summer Hideaway (28409)
Chappell— 1307 Summer Hideaway
Roane— 1311 Summer Hideaway
Kavanaugh— 1315 Summer Hideaway
Dean Aaron & Suzanne) — 1319 Summer Hideaway
Dean Rufus & Judith) — 1323 Summer Hideaway
Dean James &Amy)— 1327 Summer Hideaway
Cress— 1331 Summer Hideaway
Thorburn— 1335 Summer Hideaway
Knight— 1339 Summer Hideaway
Clark— 1343 Summer Hideaway ,
Kraus— 1344 Summer Hideaway
Siefert— 1340 Summer Hideaway
Page 2 of 2

Compliance Inspection Report
Permit: SW8021109 Effective:02/06/03 Expiration:
Project: John's Creek South
Owner: David Greer Construction Inc
County: New Hanover Admire: E Side Of Myrtle Grove
Region: Wilmington
City/State/Zip:Wilmington NC 28409
Contact Person: David Greer Title: Phone: [phone]
Directions to Project:
From the intersection of NC Hwy 76&NC 421,travel South on 421 to the intersection of SR 1148&NC 421.Turn left on SR 1148
and travel 0.35 miles.Site is on right between Egret Pt.&John's Creek Rd.
Type of Project: State Stormwater-Low Density
Drain Areas: 1-(Intracoastal Waterway) (03-06-24)(SA;ORW)
OnSite Representative(s):
Related Permits:
Inspection Date: 11/13/2014 Entry Time: 02:45PM Exit Time: 02:50PM
Primary Inspector: Ailda R Lewis Phone: [phone]
Secondary Inspector(s):
Reason for Inspection: Other Inspection Type: Transfer Renewal
Permit Inspection Type: State Stormwater
Facility Status: ® Compliant ❑ Not Compliant
Question Areas:
State Stormwater
(See attachment summary)
page: 1

Permit: SW8021109 Owner-Project: David Greer Construction Inc
Inspection Date:' 11/13/2014 Inspection Type Transfer Renewal Reason for Visit: Other
Inspection Summary:
The inspection was conducted in preparation of transferring the pemrit to the homeowner's association.The site is in
compliance with the permit,except as to per lot built-upon area.
The following documentation is still needed in order to approve a transfer of this permit:
1.Verification that no lot has exceeded its maximum BUA limit of 5500 sf.
2.A completed and signed HOA permit transfer form per SL 2011-256.
3.A deed conveying the common area to the HOA.
File Review Yes No NA NE
Is the permit active? • 0 0 0
Signed copy of the Engineer's certification is in the file? 0 ❑ • 0
Signed copy of the Operation&Maintenance Agreement is in the file? 0 ❑ M 0
.. .
Copy of the recorded deed restrictions is in the file? • 0 0 0
Comment: 1.The permittee did not submit a copy of the recorded deed restrictions.The Division searched for and
downloaded a copy from the Countv's Register of Deeds website.
Built Upon Area Yes No NA NE
Is the site BUA constructed as per the permit and approval plans? IN 0 0 0
Is the drainage area as per the permit and approved plans+ MI 0 0 0
Is the BUA(as permitted)graded such that the runoff drains to the system? • El ❑ ❑
Comment: 2.The Division was unable to confirm that no lot had exceeded it's 5500 sf maximum.The permittee will
need to provide that verification prior to transferring the permit to the HOA.
Other Permit Conditions Yes No NA NE
Is the site compliant with other conditions of the permit? ❑ • 0 0
Comment: 3.The permit has not been transferred to the HOA.
SW Measures Yes No NA NE
Are the SW measures constructed as per the approved plans? • ❑ 0 0
Are the inlets located per the approved plans? • ❑ 0 0
Are the outlet structures located per the approved plans? • ❑ ❑ 0
Comment 4.The stormwater measures appear to be maintained in working order.
page: 2

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North Carolina Secretary of State Page 1 of 1
North Carolina
1 A.
1If.% EI:ne F Magill EF' TM E T OF THE.,, « _ Secretary E RETMY OF STATE
PO Bog WW2 RIO*.NC 27624022(SIEWN2KIC
Account Login Register
Date: 12/11/2014
Click here to:
View Document Filings
PC,PLLC,LP and Non-Profit entities are not required to file annual reports.
Corporation Names
Name Name Type
NC JOHNS CREEK SOUTH LEGAL
HOMEOWNERS ASSOCIATION,INC.
Non-Profit Corporation Information
SOSID: 0774154
Status: Current-Active
Effective Date: 3/29/2005
Citizenship: DOMESTIC
State of Inc.: NC
Duration: PERPETUAL
Registered Agent
Agent Name: GREER,DAVID
Office Address: 133 GAZEBO COURT
WILMINGTON NC 28412
Mailing Address: 133 GAZEBO COURT
WILMINGTON NC 28412
Principal Office
Office Address: 133 GAZEBO COURT
WILMINGTON NC 28412
Mailing Address: 133 GAZEBO COURT
WILMINGTON NC 28412
Officers/Company Officials
This website is provided to the public as a part of the Secretary of State Knowledge Base(SOSKB)system.Version:
4782
http://www.secretary.state.nc.us/corporations/Corp.aspx?Pitenild=7716913 12/11/2014

Lewis,Linda
From: Lewis,Linda
Sent: Tuesday,September 09, 2014 2:43 PM
To: 'davidgreerconst'
Subject: Other SW Permits You Still Own
Attachments: SL 2011-256 Permit_transfer.pdf
Mr.Greer:
Thank you so much for attending the meeting today. I think a lot of information was discussed and if you follow up as
promised,we should be able to get this permit transferred to the HOA in good time. As discussed after the meeting, I
went through our database and found 8 permits which you are still the"owner"of. Please take a moment to go through
your files, record deed restrictions,submit a copy of the recorded deed restrictions and submit signed transfer forms to
get the ball rolling on transferring the permits for the following projects:
1. SW8 990505 Sedgley Abbey—a copy of the recorded deed restrictions is needed.
2. SW8 000801 Edgewater Trace—I note that the common area was deeded over to the HOA in 2012.You should
transfer the permit at this time,if>50%of the lots have been sold to individuals(not builders). It does not
appear that you transferred your declarant rights to Bill Clark Homes of Wilmington, LLC when they purchased
the remaining lots,so you remained the permittee of record.
3. SW8 010426 Bridgewater Bluffs Phase 2- a copy of the recorded deed restrictions is needed.
4. SW8 021109 Johns Creek South—a copy of the recorded deed restrictions is needed.
5. SW8 020924 Pecan Grove master/
6. SW8 031117 Pecan Grove III / a Copy of the recorded deed restrictions is needed for#5,#7&#8.
7. SW8 040708 Pecan Grove IV /
8. SW8 041112 Pecan Grove V /
Here are a couple of things to keep in mind:
1. Please record the deed restrictions and submit a copy of the recorded deed restrictions.
2. Transfer the permit to the HOA at the same time you convey the common areas. If you need any information on
when you will be allowed to transfer the permit to the HOA, please see the attached Session Law 2011-256,or
call me and I will be happy to discuss.
3. Provide the necessary oversight to assure that the lots comply with the recorded covenants.The Division issues
the permit to you requiring you to record deed restrictions containing a BUA per lot maximum.The Division
expects you to enforce those deed restrictions on each lot owner to maintain compliance with the permit.You
should not simply sell lots to individuals or builders and leave them to their own devices for compliance.You
should not hand over the administration/enforcement of the covenants and restrictions to a fledgling HOA until
the appointed time. It's your permit,not theirs,so you need to assure that the lot owners/builders comply with
the deed restrictions(and stay in compliance)so you can stay in compliance with your permit and transfer it to
the Association at the appropriate time.
Linda Lewis
Environmental Engineer Ill
Division of Energy,Mineral and Land Resources
Wilmington Regional Office
127 Cardinal Drive Ext.
Wilmington,NC 28405
Main Office—910-796-7215
Direct Line—910-796-7343
1

\ 2908848872
FOR REGISTRATION REGISTER OF DEEDS
NEWNNIFER R COUN EISH
2009 DEC 19 10:24:59 l
BK:5364 P6:2929-2931 FEE:317.00
INSTRUMENT 14s. ,:12
NORTH CAROLINA NON-WARRANTY DEED
THIS INSTRUMENT PREPARED WITHOUT CERTIFICATION OF TITLE.
Prepared by: Ned M.Barnes,Attorney at Law
C-2 Pleasure Island Plaza
Carolina Beach,NC 28428
Mall after recording to: Ned M.Barnes
Excise Tax:-0-
Parcel Identifier No.R08200-003-028-000
Brief description for the Index
III COMMON AREA OF JOHN'S CREEK SOUTH AND RETENTION POND
THIS DEED made this 18th day of December,2008,by and between
GRANTOR GRANTEE
DAVID GREER CONSTRUCTION,INC. JOHNS CREEK SOUTH
HOMEOWNERS ASSOCIATION,INC.
P. 0. Box 15813
Wilmington, NC 28408
The designation Grantor and Grantee as used herein shall Include said parties,their heirs,successors,and
assigns,and shall include singular,plural,masculine,feminine or neuter as required by context
WITNESSETH,that the Grantor,for a valuable consideration paid by the Grantee,the receipt of which is
hereby acknowledged,has and by these presents does grant;bargain,sell and convey unto the Grantee in
fee simple,all that certain lot or parcel of land situated in New Hanover County,North Carolina and more
particularly described as follows:
BEING all of the Common Area and roads of JOHN'S CREEK SOUTH,
as the same is shown on the Map recorded Map Book 47 at Page 255,
including but not limited to that area designated as "Pond Tract" and
designated as Parcel No. 8200-003-028-000 by the New Hanover
County Tax Office.
A map showing the above described property is recorded in Map Book 47 at Page 255.
TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances
thereto belonging to the Grantee In fee simple.
Title to the property herenabove described is subject to the following exceptions:
RETURN TO
NED BARNES

1. Rights of way and easements of record,if any.
2. Zoning and/or subdivision ordinances and regulations,If any.
3. Restrictive covenants of record,if any.
4. Ad valorem taxes for 2008 and subsequent years,If any.
The Grantor makes no warranty, express or Implied, as to tithe to the property hereinabove
described.
IN , ESS WHEREOF,the Grantor has hereunto set his hand and seal, or if corporate, has
caused this;ins. meat to be sit -• In its corporate name by Its duly authorized officers and its seal to be
hereunto affixed 1 y authority, •,-rd of Directors,the day and year first above written.
DAVID GR=E�' '- .STRU • ,INC.
By:
• .Greer 'rest. t
STATE OF NORTH :•LINA
COUNTY OF NEW HAN• -
I,the undersigned Notary Public in and for the County and State aforesaid do hereby certify that
David M.Grew,being personally known to me,personally appeared before me this day and acknowledged
that he is President of David Grew Construction,a North Carolina corporation,and acknowledged on behalf
of David Greer Construction,Inc.,the due execution of the foregoing instrument
WITNESS my hand and notarial stamp or seal this the 18th day of December,2008.
fr4412--
NOTARY PUBL
PRINTED NAME: V. A. Beury—Helms
My Commission Expires: 8/5/09
4P'o Y••-• .'[P
rNOTAR .\
PUBLIC .
ovir-
•

EXPRESS PERMITTING
The a attached application is being processed through the DENR Express Permitting Program.
As such, failure to respond to the Wilmington Regional Office by the listed due-date will be
construed as a no comment. The Express Permitting Program does not allow for extensions
during the comment period.
Michael F.Easley, Governor Charles S.Jones, Director William G. Ross jr., Secretary
Express Permit
September 20, 2004
MEMORANDUM:
TO: Linda Lewis
Joanne Steenhuis
Division of Water Quality
FROM: Jason Dail
Major Express Permits Processing Coordinator
SUBJECT: CAMA/DREDGE &FILL Permit Application Review
Applicant: David Greer for John's Creek South Subdivision
Project Location: 7505 Myrtle Grove Road, adjacent to the AIWW and Myrtle Grove Sound,
Wilmington,New Hanover County.
Proposed Project: Proposes to subdivide the 9.24 acre tract into 13 lots and install a 970' long by 20'
wide access road and cul-de-sac; And to fill a 45' x 320' area along the eastern
portion of the property (lots 11, 12 and 13); and retain the fill with a wooden
retaining wall.
Please indicate below your agency's position or viewpoint on the proposed project and return this form
by Qctober 1__2,2004. If you have any questions regarding the proposed project,please contact Jason
Dail at [phone]. When appropriate, in-depth comments with supporting data is requested.
REPLY: K This agency has no objection to the project as.proposed.
See Sco30E1 �©d1
SSd,ea Z-62-03
This agency has no comment on the proposed project.
This agency approves of the project only if the recommended changes are
incorporated. See attached.
This agency objects to the project for reasons described in the attached comments.
SIGNED ei-7Ctou DATE 9-2 3--U
127 Cardinal Drive Ext.,Wilmington, North Carolina 28405-3845
Phone: [phone] FAX: [phone] Internet: www.nccoastalmanagement.net
An Equal Opportunity 1 Affirmative Action Employer—50%Recycled 110%Post Consumer Paper

DIVISION OF COASTAL MANAGEMENT
FIELD INVESTIGATION REPORT
1. APPLICANT'S NAME:David Greer PROJECT NAME: John's Creek South Subdivision
2. LOCATION OF PROJECT SITE: The project is located at 7505 Myrtle Grove Road, adjacent to the Atlantic
Intracoastal Waterway and Myrtle Grove Sound, in Wilmington,New Hanover Co.
Photo Index- 2000: 21-261 G-O, 13-15 1995: 21-243 F-O, 10,11 1989: 4-178-16 A-F, 4,5
State Plane Coordinates -X: 712048 Y: 38879 GPS -0-021119A
3. INVESTIGATION TYPE: CAMA
4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - 2/11/2004, 6/13/2004
Was Applicant Present -No
•
•
5. PROCESSING PROCEDURE: Application Received - 2/5/2004, completed on 9/17/04
Office-Wilmington
6. SITE DESCRIPTION:
(A) Local Land Use Plan -New Hanover Co.
Land Classification From LUP- Conservation/Resource Protection
(B) AEC(s) Involved: ES, OR
Water Dependent: No
(D) Intended Use; Private Residential Subdivision
(E) Wastewater Treatment: Existing- None Planned: Municipal sewer
(F) Type of Structures:
Existing- Retention pond, access road and cul-de-sac
Planned -Install a 970' x 25'driveway and cul-de-sac, fill a 45' x 320'section along the eastern t,
portion of the property landward of the proposed retaining wall.
(G) Estimated Annual Rate of Erosion: N/A •
Source- N/A
7. HABITAT DESCRIPTION: [AREA]
DREDGED FILLED OTHER
(A)Vegetated Wetlands
(B) Non-Vegetated Wetlands (Open water)
(C) Other - Highground 64,468 sq. ft.
(including road const. and uplands fill) disturbed
(D) Total Area Disturbed: 64,469 sq. ft. (1.48 acres)
(E) Primary Nursery Area: Yes
(F) Water Classification: SA-ORW Open: Yes
8. PROJECT SUMMARY: The applicant is proposing to subdivide the 9.24 acre tract into thirteen(13)lots and
install a 970' long by 20'wide access road and cul-de-sac.In addition,the applicant is also proposing to fill a 45' x
320' area along the eastern portion of the property(lots 11, 12 and 13)and retain the fill with a wooden retaining
wall.

Mr. Greer
Page Two
9. PROJECT DESCRIPTION
Southern Environmental Group Inc. on behalf of David Greer, has requested that the attached application be
processed under the Express Permit Review Pilot Program.
The physical address of the project site is 7505 Myrtle Grove Road, adjacent to the Atlantic Intracoastal Waterway
(AIWW)and Myrtle Grove Sound, in Wilmington,New Hanover Co. To find the property,take College road south
from Wilmington towards Carolina Beach. Turn left onto Piner road at the intersection of S. College Road and NC
Hwy 421,and follow until the road dead ends.Turn right onto Myrtle Grove road and the property will be located
on the left hand side approximately four to five miles.
The subject property is approximately 9.24 acres with roughly 320' of shoreline along Myrtle Grove Sound(the
eastern property line). There is an existing, unfinished, driveway,cul-de-sac and stormwater collection pond
located on the property.Elevation at the site averages approximately 3 to 26 feet above Mean High Water(MHW).
The applicant began construction of the access road,cul-de-sac and retention pond in September 2003. Soon after
initial construction, staff from the Division of Coastal Management(DCM)discovered that no permit had been
issued for work at the subject property. The applicant was issued a Notice of Violation(NOV)on 11/18/03, for
construction of a road, cul-de-sac and retention pond two of which(road and cul-de-sac), are partially located
within the 575' Area of Environmental Concern(AEC). At that time,the applicant was required to stop work and
apply for a CAMA major permit.
Vegetation associated with the high ground portion of the property,consists primarily of Live Oaks,Long Leaf
Pines, Sweet Gums, Cedars,Magnolias and Red Maples.Understory vegetation includes Wax Myrtles,Yaupons,
and Red Bays. Transitional species, including: Sea Oxeye (Borrichia frutescens), Saw Grass(Cladium jamaicense)
Fragmites spp. and Grounsel-bush (Baccharus halimifolia) are located along the upper edge of the coastal
wetlands.High coastal marsh vegetation, including,Black Needle Rush (Juncus roemarianus), Spike Grass
(Distichlis spicata), Sea Lavender(Limonium, spp), and Salt Meadow Grass (Spartina patens) complete the
transition to the waters edge where Smooth Cordgrass Marsh (Spartina alternora) is the predominant species.
There is a strip of Section 404 wetlands located along the eastern edge of the property between the coastal marsh
and the wooded high ground.A Section of 404 delineation has been completed and approved by the U.S.Army
Corp of Engineers(COE).
The waters of the AIWW,adjacent to the project site,are classified as SA-ORW by the North Carolina Division of
Water Quality. They are designated as a Primary Nursery Area(PNA)by the N.C.Division of Marine Fisheries,
and they are OPEN to the harvest of shellfish.
PROPOSED PROJECT
The applicant is proposing to subdivide the 9.24 acre tract into thirteen(13)lots and install a 970' long private road
and dul-de-sac.Additionally,the applicant is proposing to backfill a 45' x 320' section of high ground along the
eastern edge of the property(along lots 11,12 and 13). A retaining wall would be installed on the landward side of
the"404"wetlands line to provide shoreline stabilization.As proposed,the asphalt road would enter the property
from Myrtle Grove Road and would continue in an easterly direction before terminating in a turn around cul-de-sac
located at the western edges of lots 11, 12 and 13. The private road would be located within a 25' right-of-way and
would consist of 20' paved asphalt travel lanes with 2' concrete borders on each side.

Mr. Greer
Page Three
In addition to the road,the applicant is proposing to raise the elevation of the property along the central and eastern
sections of lots 11, 12 and 13.As proposed,the applicant would fill the central portions of lots 11, 12 and 13 to an
elevation of 11 feet above NHW.The elevation would begin to taper off towards the east.The remaining fill would
gently slope down towards the bulkhead at a 3:1 slope.
10. ANTICIPATED IMPACTS
The initial grading and filling would result in the disturbance of approximately 1.48 acres(64,468 sq.ft.)of high
ground.Total impervious surface coverage within the 575'Estuarine Shoreline AEC would be 23.85%. The
applicant has received a State Stormwater Permit#SW8021109, from the Division of Water Quality for the
proposed upland development. The applicant has also received an approved Sedimentation and Erosion Control
Plan(SECP)from New Hanover County(under GP-5302).
Submitted by: Jason Dail Date: 9/17/2004 Office: Wilmington

Form DCM-MP 1
APPLICATION
(To be completed by all applicants)
b. City, town,ncommunity or landmark
mingto
1. APPLICANT
c. Street address or secondary road number
7505 Myrtle Grove Road
a. Landowner:
Name David Greer d. Is proposed work within city Iimits or planning
jurisdiction? Yes X No
Address 133 Gazebo Court e. Name of body of water nearest project (e.g. river,
sou
City Wilmington State NC nd. bay) AIWW
Zip 28409 Day Phone
Fax 3. DESCRIPTION AND PLANNED USE
OF PROPOSED PROJECT
b. Authorized Agent:
Name Southern Env. Group, Inc. a. List all development activities you propose (e.g.
building a home,motel,marina,bulkhead,pier,and
3973 B Market Street excavation and/or filling activities.
Address Filling uplands for building lots.
City Wilmington State NC Bulkhead in the upland area.
►'
Zip 28403 Day Phone [phone] b. Is the proposed activity maintenance of an existing
project, new work,or both'? New Work
Fax [phone]
c. Will the project be for public,private or commercial
c. Project name (if any)
John's Creek South use? Private.
d. Give a brief description of purpose,use,methods of
construction and daily operations of proposed
NO Permit,Vtu be issued e.„ ci K+1.moo. project.. If more space is needed, please attach
end additional pages. Residential subdivision.
Normal construction methods will be used.
2. LOCATION OF PROPOSED Sedimentation controls will be in place.
PROJECT
ti
a. County New Hanover
Ou
Revered 03M9s Q�

Form DCM-MP-1
m. Describe existing wastewater treatment facilities.
4. LAND AND WATER None.
CHARACTERISTICS
a. Size of entire tract 9.24 acres n. Describe location and type of discharges to waters
of the state. (For example, surface runoff, sanitary
b. Size of individual lot(s)15,000 sq.ft. - 65,000 sq.ft. wastewater, industrial/commercial effluent, "wash
down' and residential discharges.)
c. Approximate elevation of tract above MHW or surface runoff and runoff to the
NWL 3ft-26ft sedimentation basin.
d. Soil type(s) and texture(s)of tract o. Describe existing drinking water supply source.
Dorovan muck and Lakeland and Bavmeade sands N/A.
e. vegetation on tract Pines, hardwoods, ferns,
grasses, and vines.
f. Man-made features now on tract graded dirt road,
spoil piles, and asedimentation pond. 5. ADDITIONAL INFORMATION
g. What is the CAMA Land Use Plan land In addition to the completed application form, the
classification of the site? (Conn&the local land ine plan.) following items must be submitted:
X Conservation Transitional
Developed Community • A copy of the deed (with state application only) or
Rural Other other instrument under which the applicant claims title
to the affected properties. If the applicant is not
h. How is the tract zoned by local government? claiming to be the owner of said property, then
Single-family R-15 forward a copy of the deed or other instrument under
which the owner claims title,plus written permission
i. Is the proposed project consistent with the applicable from the owner to carry out the project.
zoning? X Yes No
Woe*zoning compliance Qelicate, I ) • An accurate, dated work plat (including plan view
and cross-sectional drawings)drawn to scale in black
j. Has a professional archaeological assessment been ink on an g 1/2' by 11" white paper. (Refer to
done for the tract? Yes X No Coastal Resources Commission Rule 7J.0203 for a
If yes,by whom? N/A detailed description.) -
k. Is the project located in a National Registered Please note that original drawings are preferred and
Historic District or does it involve a National only high quality copies will be accepted. Blue-line
Register listed or eligible property? prints or other larger plats are acceptable only if an
Yes X No adequate number of quality copies are provided by
applicant. (Contact the U.S. Army Corps of
1. Are there wetlands on the site? X Yes No Engineers regarding that agency's use of larger
Coastal (marsh) X Other X drawings.) A site or location map is a part of plat
If yes, has a delineation been conducted? Yes. requirements and it must be sufficiently detailed to
Wads documentation, V available) guide agency- iiiar with the area to the
7 2004
7.
Revised 03/9S

Form DCM-MP-1
site. Include highway or secondary road (SR)
numbers. landmarks, and the like. 6. CERTIFICATION AND PERMISSION
TO ENTER ON LAND
• A Stormwater Certification, if one is necessary.
• A list of the names and complete addresses of the I understand that any permit issued in response to this
adjacent waterfront (riparian) landowners and application will allowonly the development described in
signed return receipts as proof that such owners the application. The project will be subject to conditions
have received a copy of the application and plats and restrictions contained in the permit.
by certified mail. Such landowners must be advised I certify that to the best of my knowledge,the proposed
that they have 30 days in which to submit comments any complies with the State of North Carolina's
on the proposed project to the Division of Coastal Management Coastal Programwill be
Management. Upon signing this form, the applicant approved
further certifies that such notice has been provided. conducted in a manner consistent with such program.
Name Carlton Maultsby I certify that I am authorized to grant, and do in fact,
Address 149 Darby Street,Wilmington, NC 28409 grant permission to representatives of state and federal •
Phone review agencies to enter on the aforementioned lands in
connection with evaluating information related to this
Name William and Linda Jones permit application and follow-up monitoring of the
Address 7504 Lee Parker Drive, Fayetteville, NC 28303 project.
Phone
Patrick Kohne I further certify that the information provided in this
Name
application is truthful to the best of my knowledge.
Address 2614 Edgewater Drive, Fayetteville, NC 28303
Phone
This is the 16 day of March 92004
A list of previous state or federal permits issued for
work on the project tract. Include permit numbers, print N James Taylor
permittee, and issuing dates. ��E�
Stormwater Permit#SW8021109 Signature
or Authorized Agent
Sedimentation Control Permit#GP53-02
NWP 18 ID#
• A check for$250 made payable to the Department of Please indicate attachments pertaining to your proposed
Environment, Health, and Natural Resources prof'
(DEHNR) to cover the costs of processing the DCM MP-2 Excavation and Fill Information
application. DCM MP-3 Upland Development
• A signed AEC hazard notice for projects in — DCM MP-4 Structures Information
oceanfront and inlet areas. — DCM MP 3 Bridges and Culverts
— DCM MP-6 Marina Development
• A statement of compliance with the N.C. NOT& Please signs and date each attachment to the
Environmental Policy Act (N.C.G.S. 113A - 1 to space pied at the bottom Aft form.
10) If the project involves the expenditure of public
funds or use of public lands, attach a statement --
documenting compliance with the North Carolina
Environmental Policy Act. 2 0�
Revised 03/95

Form DCM-MP-3
UPLAND
DEVELOPMENT
(Construction and/or land disturbing activities)
Attach this form to Joint Application for CAMA Major h. Projects that require a CAMA Major Development
Permit, Form DCM-MP-1. Be sure to complete all Permit may also require a Stormwater Certification.
other sections of the Joint Application that relate to this Has a site development plan been submitted to the
proposed project. Division of Environmental Management for review?
Yes X No
a. Type and number of buildings, facilities, units or If yes, date submitted
structures proposed 13 houses and a road. •
i. Describe proposed method of sewage disposal.
County Sewer.
b. Number of lots or parcels 13
j. Have the facilities described in Item i. above
c. Density(give the number of residential units and the received state or local approval? Yes.
units per acre) 13 units and approximately 2 units (Attach appropriate documentation)
per acre.
k. Describe location and type of proposed discharges to
d. Size of area to be graded, filled or disturbed waters of the state (for example, surface runoff,
including roads, ditches, etc. 1.48 acres sanitary wastewater, industrial/commercial effluent,
"wash down" and residential discharges).
Surface runoff. t.
e. If the proposed project will disturb more than one
acre of land, the Division of Land Resources must
receive an erosion and sedimentation control plan at
least 30 days before land disturbing activity begins. 1. Describe proposed drinking water supply source
If applicable, has a sedimentation and erosion . (e.g. well, community, public system, etc.)
control plan been submitted to the Division of Land Public system.
Resources? X Yes No
If yes, date submitted November, 2002 m. Will water be impounded? Yes X No
If yes, how many acres?
f. List the materials (such as marl, paver stone,
asphalt, or concrete) to be used for paved surfaces. n. If the project is a oceanfront development, when
Asphalt. was the lots)platted and recorded? N/A.
John's Creek South
g. Give the percentage of the tract within 75 feet of A Name •
MHW or NWL,or within 575 feet in the case of an , ft.
•
Outstanding Resource Water, to be covered by
impervious and/or built-upon surfaces, such as (1/.0.06 tip4�pavement, buildings, rooftops, or to be used for / •
vehicular driveways or parking. 23.85%
Revised 03/9S

Recommendations for State Permit—David Greer,John's Creek South
It is recommended that a permit be issued subject to the following conditions:
• In order to protect water quality, runoff from the construction must not visibly increase the amount of
suspended sediments in adjacent waters.
• Appropriate sedimentation and erosion control devices, measures or structures must he implemented to ensure
that eroded materials do not enter adjacent wetlands, watercourses and property (e.g. silt fence, diversion
swales or berms, etc.).
• A ground cover sufficient to restrain erosion shall be provided within the shorter of 15 working or 30 calendar
days of completion of any phase of grading on cut or filled slopes_
NOTE: This permit does not eliminate the need to obtain any additional state,federal or local permits, approvals or
authorizations that may be required.
NOTE: Future development of the permittee's property may require a modification of this permit. Contact a
representative of the Division at(910) 395-3900 prior to the commencement of any such activity for this
determination.The permittee is further advised that many non-water dependent activities are not authorized within
30 feet of the normal high water level.
NOTE: The permittee and/or his contractor is urged to meet with a representative of the Division prior to project
initiation.

John's Creek
Subject: John's Creek V\
'
From:Linda Lewis<[e-mail]> t `lJ
Date: Tue, 06 Jul 2004 16:42:06 -0400 /)�
To: Jason Dail<[e-mail]>
Jason:
In response to your letter of November 20, 2003, to David Greer, regarding the CAMA
violations at the subject subdivision, I offer the following:
1. The project received a Stormwater Management Permit, No. SW8 021109 originally
issued on February 6, 2003. A plan revision was approved on June 9, 2004. The
permit covered the construction of a 22' BC-BC wide (back of curb to back of curb)
paved road ending in a cul-de-sac, and 13 single family lots. The Division has no
objection to the construction of a road (dirt, paved or gravel) at this site as
long as the width does not exceed 22'B-B.
2. The permit allowed the installation of a stormwater infiltration area which is
being used to meet NHC pre- and post- runoff control. I have no objection to the
installation of the permitted infiltration basin and the associated required 50'
vegetated filter as shown on the approved plan.
3. The installation of underground utility lines such as water, gas, phone, sewer,
etc. , is not required to be permitted via the coastal stormwater permit in this
case, since no impervious area is created by the activity. There is only one
permitted underground stormwater utility, an 18" CPP in a stone trench which
discharges into the infiltration basin. I have no objection to this underground
stormwater utility.
I hope this addresses your concerns regarding the project. If you have any
questions, please call or email.
Linda
1 of 1 7/20/2004 9:50 AM

AVA
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F.Easley,Governor Donna D. Moffitt, Director William G.Ross Jr.,Secretor
NOTICE OF VIOLATION594.1
November 20, 2003 \(✓
CERTIFIED MAIL 7002 2410 0006 9368 2242
RETURN RECEIPT REQUESTED \ne5
6)\'
David.Greer I�
133 Gazabo Ct. V
Wilmington, NC 28409
RE: NOTICE OF VIOLATION AND REQUEST
TO CEASE UNAUTHORIZED DEVELOPMENT
CAMA VIOLATION#03-42D
Dear Mr. Greer.
This letter confirms that on 11/12/2003, Jim Gregson (District Manager for the Wilmington
Regional Office) and I were onsite at your property located at 7505 Myrtle Grove Road, adjacent
to the Atlantic Intracoastal Waterway (AIWW) located in or near Myrtle Grove Sound, in
Wilmington, New Hanover County. The purpose of the visit was to investigate unauthorized
development, including land disturbance activities, adjacent to the AIWW and Myrtle Grove
Sound. This also confirms our telephone conversation and office visit on 11/13/2003.
Information gathered by the Division of Coastal Management staff indicates that you have
undertaken major development in violation of the Coastal Area Management Act (CAMA). No
person may undertake Major Development in a designated Area of Environmental Concern
(AEC) without first obtaining a permit from the North Carolina Department of Environment and
Natural Resources. This requirement is imposed by North Carolina General Statute (N.C.G.S.)
113-118.
Information I have indicates you have undertaken or are legally responsible for construction of a
dirt road, retention/stormwater pond (90' x 90'), and installation of underground utility lines on
the aforementioned property. These activities took place in the Coastal Shoreline that is
contiguous with the waters of Myrtle Grove Sound and the Atlantic Intracoastal Waterway.
Additionally, the waters of Myrtle Grove sound are classified as Outstanding Resource Waters
(ORW) by the Division of Water Quality, and development within 575'from normal high water
(NHW) in areas adjacent to ORW's require a CAMA permit. No permit was issued for the work
in this area. Based on these findings, I am initiating an enforcement action by issuing this
Notice of Violation for violation of the CAMA.
127 Cardinal Drive Ext., Wilmington, North Carolina 28405-3845
Phone: [phone] I FAX: [phone] Internet: www.nccoastalmanagement.net
An Equal Opportunity I Affirmative Action Employer—50%Recycled 110%Post Consumer Paper

Mr. Greer
Page Two
11/20/2003
I request that you immediately CEASE AND DESIST any further unauthorized activities within
designated Areas of Environmental Concern. Based upon North Carolina Administrative Code,
Title 15A, Subchapter 07H. State Guidelines for Areas of Environmental Concern, if the activity
you have undertaken, as described above in the Coastal Shoreline and ORW AEC's, is not
consistent with Section 07H .0209, you will be required to restore all affected areas to their
conditions prior to the unauthorized development activities. A civil assessment of up to $2,500
may be assessed against any violator. Each day that the development described in this notice is
continued or repeated may constitute a separate violation that is subject to an additional
assessment of up to $2,500. An injunction or criminal penalty may also be sought to enforce any
violation (N.C.G.S. 113A-126).
It is the policy of the Coastal Resources Commission to levy a minimum civil assessment of
$500 not to exceed $2,500 against all violations. This is done to recoup some of the costs of
investigating violations and/or to compensate the public for any damage to its natural resources.
Whether a higher amount will be assessed depends on several factors, including the nature and
area of the resources that were affected and the extent of the damage to them. If the requested
restoration is not undertaken and completed satisfactorily, a substantially higher civil
assessment will be levied and a court injunction will be sought ordering restoration.
• In order to determine if the aforementioned development activity may have been permitted via
the CAMA Permit process and to determine if the activity is consistent with the North Carolina
Administrative.Code, Title 15A, 7H. State Guidelines for Areas of Environmental Concern, I am
requesting that David Greer, i.e.,"you" provide me with the following:
1) Documentation from the Division of Water Quality(401 and Stormwater),
Sedimentation and Ersoion Control,Land Quality Section, U.S. Army Corp of
Engineers and New Hanover County stating that they have no objection to the
construction of a dirt road, retention/stormwater pond (90' x 90'), and installation of
underground utility lines that occurred at 7505 Myrtle Grove Road, in Wilmington,
New Hanover County. The contact persons are Noelle Lutheran and Linda Lewis
(DWQ), Beth Easley Wetherill (SEC-NHC), Carol Miller(LQS), Angie Pennock
(USACE) and Debbie Wilson (NHC).
2) Upon request by DCM, you must be able to provide confirmation that a written
statement has been obtained, signed by the adjacent riparian property owners,
indicating that they have no objection to the completed work; or you may provide
confirmation that adjacent riparian property owners have been notified by certified
mail of the completed work. This notice shall instruct adjacent property owners to
provide any comments on the completed development in writing to this Division
within ten (10)days of receipt of the notice and shall indicate that no response from
them will be interpreted as not having any objection.
3) You must apply for and obtain a CAMA Permit before undertaking any other
development in any Area of Environmental Concern in accordance with N.C.G.S
113A-118 and the North Carolina Administrative Code, Title 15A, 07J.0201.

Mr. Greer
Page Three
11/20/2003
The relevant statutes and regulations are available from this office, and I am willing to assist you
in complying with the requirements of these laws. A site inspection will be made in the near
future to determine whether this REQUEST TO CEASE AND DESIST has been complied with.
Thank you for your time and cooperation in resolving this important matter. If you have any
questions about this or related matters, please call me at [phone]. Pending your
submission of the requested documentation and proof of notification to the adjacent riparian
property owners, you will be notified as to the amount of a civil assessment for undertaking
development without first obtaining the proper permit(s).
Mcerella)Le
J son Dail
Coastal Management Representative
cc: Charles Jones, Assistant Director, DCM
Jim Gregson, District Manager, DCM
Roy Brownlow, Compliance Coordinator, DCM
Debbie Wilson, New Hanover Co. LPO
Carol Miller-Wilmington, LQS
Beth Easley Wetherill, New Hanover Co., C.P.E.S.0
Angie Pennock, USACE
Noelle Lutheran, DWQ
110 _Als, DWQ
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