SW8990827_HISTORICAL FILE_20101117

STORMWATER DIVISION CODING SHEET
POST -CONSTRUCTION PERMITS
PERMIT
NO.
SW�9���a'�
DOC TYPE
0 CURRENT PERMIT
❑ APPROVED PLANS
HISTORICAL FILE
❑ COMPLIANCE EVALUATION INSPECTION
DOC DATE
YYYYMMDD

AM
NCDENR
North Carolina Department of Environment and Natural Resources
Beverly Eaves Perdue
Governor
November 17, 2010
Mr, Mark Brisson
Barkley Road LLC
6752'Gordon Road
Wilmington, NC 28411
Division of Water Quality
Coleen H. Sullins
Director
LETTER OF INQUIRY
Barkley Estates Subdivision
Stormwater Project No. SW8 990827
New Hanover County
Dear Mr. Brisson:
Dee Freeman
Secretary
This office had noted as of April 21, 2010 that you were working on the compliance issues and
transfer of ownership request for the Barkley Estates Subdivision, Stormwater Permit No. SW8
990827. Please notify this office of the status of the compliance issues, particularly the status of
the engineers' certification of the stormwater system, and the status of the transfer of ownership
of the state stormwater permit.
Please submit a plan of action of the specific actions that'will be undertaken and the time frame
that will be required to perform and submit this Certification. Please note the certification may
be submitted by a certified engineer or a certified landscape architect. Please inform this office
in writing before December 21, 2010 of the plan of action.
If you have any questions please contact Angel Hammers of the Division of Water Quality,
Stormwater staff, at the Wilmington Regional Office, telephone number [phone] or
[e-mail].
Sincerely,
Angela Hammers
Environmental Specialist
GDSlakh: S:1WQSlSTORMWATERILetters120101990827.nov10
cc: Phil Tripp, PE (Tripp Engineering)
Beth Wetherill, NH County Engineering
WiRO
Wilmington Regional Office
127 Cardinal Drive Extension, Wlimington, North Carolina 28405
Phone: [phone] FAX [phone] Customer Service: 1-877-623-6748
IMemel: www.ncwaterquality.org
NorthCarof ina
Nll'tlll dil
An Equal Opportunity 1 Atrnnative Action Employer

NOTICE TO REGISTERED AGENT:
Under N.C. G.S. Section 550-30(b), it is the duty of the registered agent to forward this certificate to the business entity at the last known
address.
BARKLEY ROAD, LLC (0485431)
6752 Gordon Road
Wilmington, NC28411
STATE OF NORTH CAROLINA
DEPARTMENT OF THE SECRETARY OF STATE
CERTIFICATE OF DISSOLUTION
1, Elaine F. Marshall, Secretary of State, as mandated by law, do hereby certify that
BARKLEY ROAD, LLC
has been administratively dissolved pursuant to the procedure set forth in N.C.G.S. Section 57C-6-03
for failure to file an annual report effective as of the date set forth hereunder.
A Limited Liability Company administratively dissolved under N.C.G.S. Section 57C-6-03 may apply
to the Secretary of State for reinstatement by complying with the procedure set forth in the N.C.G.S.
Section 57C-6-03.
This the lst day of October, 2009
Elaine F. Marshall
Secretary of State
Document ld: 2009 668 00793

NOTICE TO REGISTERED AGENT:
Under N,C.G.S.- Section 55Q-30(b), it is the duty of the registered agent to forward this certificate to the business entity at the last known
address.
BARKLEY ROAD, LLC (0485431)
6752 Gordon Road
Wilmington, NC28411
STATE OF NORTH CAROLINA
DEPARTMENT OF THE SECRETARY OF STATE
CERTIFICATE OF DISSOLUTION
1, Elaine F. Marshall, Secretary of State, as mandated by law, do hereby certify that
BARKLEY ROAD, LLC
has been administratively dissolved pursuant to the procedure set forth in N.C.G.S. Section 57C-6-03
for failure to file an annual report effective as of the date set forth hereunder.
A Limited Liability Company administratively dissolved under N•C.G.S. Section 57C-6-03 may apply
to the Secretary of State for reinstatement by complying with the procedure set forth in the N.C.G.S.
Section 57C-6-03.
This the I st day of October, 2009
Elaine F. Marshall
Secretary of State
Document Id: 2009 668 00793

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NARRATIVE:.Use this section to describe the method(s) that will be used to lower the sludge
depth. If microbe, use is planned, specify the product to be used.
I
w
1 hereby certify.that I have reviewed the information listed above and included within the attached
Plan of Action, and to the'best of my knowledge and ability, the information is accurate and
correct. :.
Phone:
Facility Owner/Manager (print)
I = 1i '' ;
Date:
Facility.Owner/Manager (signature)
Return this form to:
Animal Feeding Operations Unit
NC Division of Water Quality
1636 Mail Service Center _
Raleigh, NC 27699-1636
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SPOA 10-18-04 . > I: Page 2 of 2 :
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I�I . i M E� ,
1' "1O'd' s` , t 4� �' "lr North Garolma Department of Environment and Natural Resources
ii� 1 i' ! f , Division of Water Quality
Perdu
Beverly Eaves e t,' 'j� Coleen H. Sullins ?
,a it Governor 'h,; ig ,, + Director
February 8, 2010' I110. I ;#
Mr. Mark .i3risson, Member/Manager
Barkley Road, LLd
6752 Gordon Road ,
Wilmington, NC 28405 f?
Subject: Session Law 2009-406 — Permit Extension
I Stormwater Permit #SW8 990827
` High'Density — Barkley Estates Subdivision
03-05-2010 214
Dee Freeman
Secretary
a
1
5
y New Hanover County
Dearl Dr. Brisson.
jib � t ltil I I ,
OlnliAugust..5, 200911.Govemor signed Session Law 2009-406. This law impacts any
development approval issued by the Division of Water Quality under Article 21 of
Chap aer,'143 o
,, I , I eI}rra,
: f the%enl' Statutes, which is current and valid at any point between
January 1;'12008,..and December 31, 2010. The law extends the effective period of any
I stormwater permit that is"',set to expire during this time frame to 3 years from its current, 1
f ^'r"Ir, �' •, �' I I E l j r I
expiration date.
Accordingly, Stormwater Permit # SW8 990827, which expired on"October 11, 2009, is
now. iri effect until October 11, 2012. Please resubmit the renewal application and fei '
1e6st;180 days prior'to'October 11, 2012, which would be April 11, 2012'. A copy of
Renewal Application can be obtained from the following website:
http://h2o.enr.stat6"nc.us/su/bMD forms.htm.
If you have any questions, please contact the Division of Water Quality in the
Wilmington Regional Office at 910-796-7215.
, '
Sincerely,
1}
Georgette Scott' ? I
CIIUr1 1tl•' Ir'i I , I"t
Stormwater Super
Dlvision,ofl Watei-�C
'I t ! - 11� 'I;
sor !.
a'alitylll
A '1. I j
1TERIREN EWALIS L2009-4061990 B27 .feb 10
cc:: Wilmington Regional Office
,'',Central Files
Wilmtnglon Regbnal Office I. ,
127 Cardinal Drive Extension, Wllmingbn, North Carolina 28405
Phom: 910.796.72151 FAX: 91035)-M i Customer SaMce: l $77$23.6748
Internet www.ricwaterquality.org .
An Equal OppwWnl y 1 Af Tr adve Acion Employer
Ill i ;
One
No Carolina
tura!!

PLAN OF ACTION (POA) FOR LAGOON SLUDGE REDUCTION
Facility Number:
Facility Name:
Certified Operator Name:
County:
Operator #:
Note: A certified Sludge Management Plan may be submitted in lieu of this POA.
La oon 1
Lagoon 2
Lagoon 3
La oon 4
Lagoon 5
La oon 6
a. Lagoon Name/ Identifier
b.'Total Sludge Depth (ft)
c. Sludge Depth to be
Removed for Compliance
ft
d. Sludge Volume to be
Removed (gallons)
e. Sludge PAN
(Ibs11000, gal)
f. Liquid, PAN
(lbs11000 gal)
g. PAN 'of Sludge (lbs)
(d x e)/1000
Compliance Timeframes:
If the sludge level' is equal to or higher than the stop pump level of the lagoon or if the sludge level
results in an elevated waste'analysis, a sludge management plan that meets the requirements of SB
Interagency Group Guidance Document 1.26 must be prepared by a technical specialist and submitted to
DWQ within 180 days. Work to reduce the sludge level must begin within another 180 days.
Compliance with NRCS Standard 359 must be achieved by the expiration date of the current permit.
If the sludge, level is noncompliant, but below the stop pump level of the lagoon, compliance with NRCS
Standard 359 must be achieved by the expiration date of the current permit. If future sludge surveys do
not show improverhent in sludge levels, DWQ may require the owner to develop a sludge management
plan that meets the requirements of SB Interagency Group Guidance Document 1.26.
t SPOA 10-18-041 Page 1 of 2

,i 1'..i i ' 19103929958 I
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02:4914 p.m. 03-05-2010 314"
NCDEE R
North'Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins
Govemor Director
! Febniary, 8, 2010
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II, ,
,Iflm
rl II
'IFIED MAIL` #7008 1140 0002 9562 0339
IRN'RECEIPTi REQUESTED
ii 1 I l��, i I 'i
ark
sr;
I
.Brisson, IMember/Manager
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load, LLC' d
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on, NC128405 ,.
NOTICE OF VIOLATION AND RECOMMENDATION FOR
ENFORCEMENT (NOV-2009-PC-0809)
Barkley Estates Subdivision
Stormwater Permit No. SW8 990827
New Iianover County
Dear Mr. Brisson:
Dee Freeman
Secretary
On September 22, 2009, Wilmington Regional Office personnel performed a File
Review of the subject project, located at the intersection of US Hwy 76 and Allens Lane
s' in Wilmington, New Hanover County, North Carolina to determine compliance with the
permit. As result of this inspection, DWO issued a Notice of Violation on September 22,
2009.J A requirement of this Notice of Violation was to submit a wntten Plan of Action by
October 21; 2069. ,To date', this office has not received any written correspondence.
liF1�� i� l I'1, I ;!
ThbV6fore,lthis project has been found in continual violation of Storrnwater Permit
I! I i Number SW8'990827,-issued pursuant to =N the requirements of 15ACAC 2H.1000 and
11111 A' H 1 d1 :' I 1 10,u # ��; I
is subject to civil penalty assessment. I �'
The,violations found -are:' l 5
'1
'I
1. Failure iolcertify the stonnwafers,Lstem. A file review revealed that this office
has not received a Designers Certificate.
Permit condition. states that 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
l r l! imust be noted on the Certification.
IrningtonRegiorialoffice i!; li{•�! !
127 Cardinal Drive Eiltenslon; Wilmington. North Cary ina 28405 One
°lions 910 796 72151 FAX:[phone]D04 l Ciulainer Service:1-877-623-6748 N Carolina
nterrleE www.ncwaberqualip.brg I I Y l i 1 Il.
l { =�,Ii,UI� � S, I�III l . II �� 11�i� ► aturull
An'EVal D porWrti kAf6� i ya pc6 F
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0: 'i` { � I•i III

NARRATIVE: Use this section to describe the method(s) that will be used to lower the sludge
depth. If microbe use is planned, specify the product to be used.
I hereby certify that I have reviewed the information listed above and included within the attached
Plan of Action, and to the best of my knowledge and ability, the information is accurate and
correct.
Facility Owner/Manager (print)
Facility Owner/Manager (signature)
Phone:
Date:
Return this form to. -
Animal Feeding Operations Unit
NC Division of Water Quality
1636 Mail Service Center
Raleigh, NC 27699-1636
SPOA 10-18-04 Page 2 of 2

19103929958 I'
02749:40 p.m. 03-05-2010 414�
r
Name
Project Name
StormaterEeEMLONU. SW8
Failure to submit a co of r�scorcled deed rRstrictions. A file review revealed
that this ;Office has not received aopy of recorded
cdeed restrictions.
i' Permit condition states,that a copy of the recorded deed restrictions must be
i I submitted tol the Division within 30 days of the ' '
lu, , y e date of recording the plat, and
Iprlor�toiselii�g lots. (The' recorded copy must beat the siglnature'af the
Permittee; Ith'e deed book number and page, and stamp'Isignature of the ; �Rebiste�lof Deeds.
; i
R ulred Res
r
This, bfke requires that you respond to this letter in writing within 15 calendar days
of
1
receipt of this Notice. Your response should be sent to this office at the letterhead
address.' Your response should address the following items:
1. Submit the Designers Certificate for the stormwater system.
pr,,, 2. °Submit a recorded copy of deed restrictions.
r�ll' .�
Failure to provide the l,Plan of Action" within 't5 calendar da
Il # ,Il is } h ►rs to correct the violations
l a 1,9i u
are eyed violations of 15A'NCAC 2H.1000 and will result in the initiation of
, ^ , ., I ,, I �t'A 3 ! 181 I
�.� i enforcement action which ma include recommendations for.the assessment of civil ►
! 11 I I,tllll.I, v i.d III, I 1 - r+ I
III ',I �f ; �' i" I ` penalties,l=pursiaant'�to "NCGS '143-2'I5.6A,
f ou ha II I I
' 1 . I I 11 ;
,.IF si r I I s '
r l
I Y,,,;,. ,,. ,ve any questions concernin this �� I I i ��'I }
g. matter: lease'Call Arl
1796-1:7317,1,i ' '.j,i' �� �(Ii p k. I ,r 9ela Hammers at (910)
Till
�Since r Ay II
lei
i nli: I ;1 , I• r
Georgette Scott II
Stormwater Supervisor
Surface Water Protection Section
GDSlakh: S:'WQSISTORMWATERINOTICE1990827.feb10
f II I ;i
cc.; , ` ,Sohn Hennessy- NPSA000
i =Phil+Trip I' IPE I ;
�ew;;�(Trip p Engineering)
M , I
• � ,. ., ay ,6 email f ,
Files
D1NQI CentraI ! I
Page 2 of 2
`t

PLAN OF ACTION (POA) FOR LAGOON SLUDGE REDUCTION
Facility Number:
County:
Facility Name:
Certified Operator Name:
Operator #:
Note: A certified Sludge Management Plan.may be submitted in lieu of this POA.
La oon 1
Lagoon 2
La oon 3
La oon 4
La oon 5
La oon 6
a. Lagoon Name/ Identifier
b. Total Sludge Depth (ft)
c. Sludge Depth to be
Removed for Compliance
ft
d. Sludge Volume to be
Removed (gallons)
e. Sludge PAN
(Ibs/1000 gal)
f. Liquid PAN
(lbs/1000 gal)
g. PAN of Sludge (Ibs)
(d x e)/1000
Compliance Timeframes:
If the sludge level is equal to or higher than the stop pump level of the lagoon or if the sludge level
results in an elevated waste analysis, a sludge management plan that meets the requirements of SB
Interagency Group Guidance Document 1.26 must be prepared by a technical specialist and submitted to
DWQ within 180 days. Work to reduce the sludge level must begin within another 180 days.
Compliance with NRCS Standard 359 must be achieved by the expiration date of the current permit.
If the sludge level is non -compliant, but below the stop pump level of the lagoon, compliance with NRCS
Standard 359 must be achieved by the expiration date of the current permit. If future sludge surveys do
not show improvement in sludge levels, DWQ may require the owner to develop a sludge management
plan that meets the requirements of SIB Interagency Group Guidance Document 1.26.
SPOA 10-18-64 Page 1 of 2

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NARRATIVE: Use this section to describe the method(s) that will be used to lower the sludge
depth. If microbe use is planned, specify the product to be used.
I hereby certify that I have reviewed the information listed above and included within the attached
Plan of Action, and to the best of my knowledge and ability, the information is accurate and
correct.
Facility Owner/Manager (print)
Facility Owner/Manager (signature)
Phone:
Date:
Return this form to:
Animal Feeding Operations Unit
NC Division of Water Quality
1636 Mail Service Center
Raleigh, NC 27699-1636
SPOA 10-18-04 Page 2 of 2

A�
jpA
NCDENR
North Carolina Department of Environment and Natura
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins
Governor Director
February 8, 2010
CERTIFIED MAIL #7008 1140 0002 9562 0339
RETURN RECEIPT REQUESTED
Mr, Mark Brisson, Member/Manager
Barkley Road, LLC
6752 Gordon Rd.
Wilmington, NC 28405
Resources
Subject: NOTICE OF VIOLATION AND RECOMMENDATION FOR
ENFORCEMENT (NOV-2009-PC-0809)
Barkley Estates Subdivision
Stormwater Permit No. SW8 990827
New Hanover County
Dear Mr. Brisson:
Dee Freeman
Secretary
On September 22, 2009, Wilmington Regional Office personnel performed a File
Review of the subject project, located at the intersection of US Hwy 76 and Allens Lane
in Wilmington, New Hanover County, North Carolina to determine compliance with the
permit. As result of this inspection, DWQ issued a Notice of Violation on September 22,
2009. A requirement of this Notice of Violation was to submit a written Plan of Action by
October 21, 2009. To date, this office has not received any written correspondence.
Therefore, this project has been found in continual violation of Stormwater Permit
Number SW8 990827, issued pursuant to the requirements of 15A NCAC 2H.1000 and
is subject to civil penalty assessment.
The violations found are:
1. Failure to certify the stormwater s stem. A file review revealed that this office
has not received a Designers Certificate.
Permit condition states that 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.
Wilmington Regional office
127 Cardinal Drive Extension, Wilmington, North Carolina 26405 One
Phone: [phone] FAX: [phone] Customer Service: 1-877.623-6748 North C aro )i n a
Internet: www.ncvraierq ualily.org N
An Equal Opportunity 1 AHirmalive Action Employer ���������
A

Name
Project Name
Stormwater Permit No. SW8
2. Failure to submit a copy of recorded deed restricfions._ A file review revealed
that this office has not received a copy of recorded deed restrictions.
Permit condition states that 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 bear the signature of the
Permittee, the deed book number and page, and stamp/signature of the
Register of Deeds.
Required Response
This Office requires that you respond to this letter in writing within 15 calendar days of
receipt of this Notice. Your response should be sent to this office at the letterhead
address. Your response should address the following items:
1. Submit the Designers Certificate for the stormwater system.
2. Submit a recorded copy of deed restrictions.
Failure to provide the "Plan of Action" within 15 calender days to correct the violations
are considered violations of 15A NCAC 2H.1000, and will result in the initiation of
enforcement action which may include recommendations for the assessment of civil
penalties, pursuant to NCGS 143-215.6A.
If you have any questions concerning this matter, please call Angela Hammers at (910)
796-7317.
Sincerely,
Georgette Scott
Stormwater Supervisor
Surface Water Protection Section
GDSlakh: S:1WQSISTORMWATERINOTICE1990827.feb10
cc: John Hennessy- NPSACOU
Phil Tripp, PE (Tripp Engineering)
Jim Mayew, via email
WiRO Files; DWQ Central Files
Page 2 of 2 1 1 _,t,

A "A
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
February 8, 2010
Mr. Mark Brisson, Member/Manager
Barkley Road, LLC
6752 Gordon Road
Wilmington, NC 28405
Subject: Session Law 2009-406 — Permit Extension
Stormwater Permit #SW8 990827
High Density — Barkley Estates Subdivision
New Hanover County
Dear Dr. Brisson:
On August 5, 2009, the Governor signed Session Law 2009-406, This law impacts any
development approval issued by the Division of Water Quality 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 is set to expire during this time frame to 3 years from its current
expiration date.
Accordingly, Stormwater Permit # SW8 990827, which expired on October 11, 2009, is'
now in effect until October 11, 2012. Please resubmit the renewal application and fee at
least 180 days prior to October 11, 2012, which would be April 11, 2012. A copy of the
Renewal Application can be obtained from the following website:
http.//h2o.enr.state,nc,us/su/bmp forms.htm.
If you have any questions, please contact the Division of Water Quality in the
Wilmington Regional Office at 910-796-7215.
Sincerely,
eeorgette Scott
Stormwater Supervisor
Division of Water Quality
S:\WQS\STORMVVATER\RENEWAL\SL2009-406\990827.feblO
cc: Wilmington Regional Office
Central Files
Wilmington Regional Office
127 Cardinal Drive Extension, Wilmington, North Carolina 28405 One
Phone: [phone] FAX: [phone] Customer Service: 1-877-623-6748 NorthCarohna
Internet: www.ncwaterquality.org y�
An Equal Opportunity 1 Affirmative Act�atu
Acton Employer L y

Hammers, Angela
From: Hammers, Angela
Sent: Wednesday, February 03, 2010 2:19 PM
To: 'Phil Tripp'
Subject: RE: Barkley Estates SW8990827
Phil,
Thanks for the update. The Permittee is Mr. Mark Brisson of Barkley Road, LLC. The only telephone # in the file for Mr.
Brisson is 910-452-7778. 1 hope this is helpful. I will continue to cc you on any correspondence with this project.
Sincerely,
Angela
From: Phil Tripp [mailto:[e-mail]]
Sent: Tuesday, February 02, 2010 3:55 PM
To: Hammers, Angela
Subject: Re: Barkley Estates SW8990827
Angela,
I reviewed the site and had one item come up. The catch basin at the rear of the corner lot could not be located. I left
word with the owner's representative, Jim Mayew, however I do not think he is still employed by the developer. I could not
find a contact number for the developer so I could really use some help.
Thank you,
Phil
----- Oriqinal Message,,-----
w- • _
. , r
FromHammers. Angela '�
To: Phil Tripp
Sent: Friday, January 29, 2010 10:13 AM
Subject: RE: Barkley Estates SW8990827
Good Morning Phil,
Any update on this project?
Sincerely,
Angela Hammers
From: Phil Tripp [mailto:[e-mail]]
Sent: Thursday, December 10, 2009 11:43 AM
To, Hammers, Angela
Cc: jmayewCcbthemaccumbergroup.com
Subject: Barkley Estates
Angela,
I am in the process of reviewing the site for compliance. Please give us a little more time to research the records and
provide the certification to you.
Thank you,
Phil

Hammers, Angela
From: Jim Mayew [e-mail]]
Sent: Wednesday, December 09, 2009 10:55 AM
To: Hammers, Angela; [e-mail]
Subject: RE: Barkley Estates, SW8 990827
Attachments: image001.jpg
Angela,
We are still waiting on Phil Tripp's office to supply us with the Engineer's report and will forward
immediately. Sorry for the delay, we have contacted him multiple times now.
.T .y.
S7$ Mmtsry,CutoffRO4 .
witmtng,&n; N A05 V
liiiayewr(�tlietruots�mk?crgnaupcom .
From: Hammers, Angela[mailto:[e-mail]]
Sent: Wednesday, December 09, 2009 10:32 AM
To: [e-mail]; Jim Mayew
Subject: Barkley Estates, SW8 990827
1
Good Morning,
Please find attached a Compliance Evaluation Inspection report for the Barkley Estates project (State Stormwater Permit
No. SW8 990827). The inspection was conducted on December 8, 2009.
As noted in the Notice of Violation issued on September 22, 2009, this project is currently in violation of permit
conditions requiring submittal of:
A certification of the stormwater system by an appropriate engineer, and A copy of the recorded deed restrictions.
A written plan of action is due immediately.
It is imperative to submit these items as they are considered violations of 15A NCAC 2H.1000, and may result in the
initiation of enforcement action. If you have questions, please contact me via email or at 910-795-7215.
Sincerely,
Angel Hammers (Please note my new email address is ongela,hammersQncdenr.gov)
i

Environmental Specialist
NC Department of Environment and Natural Resources
Wilmington Regional Office
127 Cardinal Drive Ext.
Wilmington, NC 28405
Office: 910.796.7215
Fax: [phone]
E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be
disclosed to third parties.

Hammers, Angela
From: Hammers, Angela
Sent: Tuesday, October 27, 2009 8:38 AM
To: '[e-mail]'
Cc: 'mark@markbrisson,org'
Subject: Barkley Estates, SW8 990827
Attachments: 990827.oct
Mr. Mayew,
1t was good to speak with you this morning. In regards to the Barkley Estates Subdivision, stormwater permit no. sw8
990827, 1 have attached an electronic copy of the stormwater permit issued to Mr. Mark Brisson of Barkley Road, LLC on
October 11, 1999. Please reference page 5, #15 for the required language in the deed restrictions. As we talked about
on the phone, New Hanover County register of deeds would probably be the best place to start (they do have a website
that may help too, http://www.nhcgov.com/AGNANDDPT/RODS/Papes/On-LinePublicRecordsSearch.aspx).
To transfer the ownership of this state stormwater permit, the form (weblink) below will need to be filled out
completely and submitted to this Office. If maintenance records are available, please submit those with the transfer
request.
http://h2o.enr.state.nc. us/su/documents/S W PermitOwnership-Na meCha ngeFormO8O8O8.pdf
Finally, to meet the requirements of the Notice of Violation, please be sure to email or snailmail a plan of action to me
right away as the deadline was Oct. 21, 2009. Please let me know if you have questions.
Sincerely,
Angel Hammers (Please note my new email address is [e-mail])
Environmental Specialist
NC Department of Environment and Natural Resources
Wilmington Regional Office
127 Cardinal Drive Ext.
Wilmington, NC 28405
Office: 910.796.7215
Fax: [phone]
E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be
disclosed to third parties.

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North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins
Governor Director
September 22, 2009
Mr. Mark Brisson
Barkley Road, LLC
6752 Gordon Rd
Wilmington, NC 28405
Subject: NOTICE OF VIOLATION (NOV-2009-PC-0809)
Barkley Estates Subdivision
Stormwater Permit No. SW8 990827
New Hanover County
Dear Mr. Brisson:
Dee Freeman
Secretary
On September 22, 2009, Wilmington Regional Office personnel performed a file review
of the subject project, located at the intersection of US Hwy 76 and Allens Lane in
Wilmington, New Hanover, North Carolina. The file review was performed to determine
the status of compliance with Stormwater Permit Number SW8 990827, issued to you
on October 11, 1999.
The project has been found in violation of Stormwater Permit Number SW8 990827,
issued pursuant to the requirements of 15A NCAC 2H.1000 effective September 1,
1995. The violations found are:
1. Failure to certify the stormwa ter system. A file review revealed that this office
has not received a Designers Certificate.
Permit condition states that 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.
2. Failure to submit a copy of recorded deed restrictions. A file review revealed
that this office has not received a copy of recorded deed restrictions.
Permit condition states that 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 bear the signature of the
Permittee, the deed book number and page, and stamp/signature of the
Register of Deeds.
To correct these violations you must:
1. Provide a written "Plan of Action" which outlines the actions you will take to
correct the violation(s) and a time frame for completion of those actions, on or
before October 21, 2009.
Wilmington Regional Office
127 Cardinal Drive Extension, Wilmington, North Carolina 28405 1�TOne,r 1
Phone: [phone]FAX: [phone]Customer Service: 1-877-623-6748 .1VofthCarofi Za
Internet: www.ncwaterquality.org Naturally
An Equal Opportunity 1 Affirmative Action Employer

September 22, 2009
Barkley Estates
Stormwater Permit No. SW8 990827
2. Submit an Engineer's Certificate for the stormwater system.
3. Submit a recorded copy of deed restrictions.
Failure to provide the "Plan of Action" by October 21, 2009, or to correct the violations
by the date designated in the "Plan of Action", are considered violations of 15A NCAC
2H.1000, and may result in the initiation of enforcement action which may include
recommendations for the assessment of civil penalties, pursuant to NCGS 143-215.6A.
If you have any questions concerning this matter, please call Angela Hammers at
910-796-7215.
Sincerely,
George e Scott
Stormwater Supervisor
Surface Water Protection Section
GSlakh: S:1WQSISTORMWATERINOTICE1990827.sep09
M. Phillip Tripp, PE, (Tripp Engineering)
John Hennessey
WiRO
Central Files
Page 2 of 2

Beverly Eaves Perdue, Governor
Dee Freeman, Secretary
North Carolina Department of Environment and Nature) Resources
Coleen H. Sullins, Director
Division or Water Quality
January 29, 2009
Mr. Mark Brisson, Member/Manager
Barkley Road, LLC
6752 Gordon Road
Wilmington, NC 28405
Subject: Stormwater Permit No. SW8990827
Barkley Estates Subdivision
New Hanover County
Dear Mr. Brisson:
The Division of Water Quality issued a Coastal Stormwater Management Permit, Number SW8990827
to Barkley Estates Subdivision for a High Density Project on October 11, 1999. This permit expires on
October 11, 2009. Section .1003(h) of 15 A NCAC 2H .1000 (the stormwater rules) requires that
applications for permit renewals shall be submitted 180 days prior to the expiration of a permit and must
be accompanied by a processing fee, which is currently set at $505.00. If this is still an active project
please complete and submit the enclosed renewal application in a timely manner. If this project has not
been constructed and a permit is no longer needed, please submit a'request to have the permit
rescinded. If you have sold the project, or are no longer the permittee, please provide the name, mailing
address and phone number of the person or entity that is now responsible for this permit. Enclosed is a
form for change of ownership, which should be completed and submitted if the property has changed
hands.
Your permit requires that upon completion of construction and prior to operation of the permitted
treatment units a certification of completion be submitted to the Division from an appropriate designer for
the system installed. This is to certify that the permitted facility has been installed in accordance with the
permit, the approved plans, specifications and supporting documentation. Please include a copy of the
certification with your permit renewal request and processing fee. Enclosed is a copy of a sample
certification. Also enclosed is a new Operation and Maintenance agreement that should be completed
and submitted along with your renewal application.
You should be aware that failure to provide the Designer's Certification and the operation of a
stormwater treatment facility without a valid permit, are violations of NC General Statute 143-215.1 and
may result in appropriate enforcement action including the assessment of civil penalties of up to $10,000
per day.
If you have any questions, please feel free to contact David Cox at 910-796-7318.
Sincerely,
.Ecctf eeorgette Scott, Stormwater Supervisor
Surface Water Protection Section
Wilmington Regional Office
Enclosures
cc: Wilmington Regional Office
Mailing Address Pbone [phone] Internet: ntir-c.wwatergunitworp regrthCaroiina
127 Cardinal Drive Extension Fax [phone] Customer Service 1-877-623-6748 Aq `ally
Wilmington, NC 2W5

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COMMUNICATION RESULT REPORT ( OCT.11.1999 11:04AM )
TTI NCDENR WIRO
OPTION ADDRESS (GROUP) PAGE
--------- ----------------------- -------------------—__-------------------
9-7635631 OK P. 2/2
REASON FOR ERROR
E-1) HANG UP OR LINE FAIL E-2) BUSY
E-3) NO ANSWER E-4) NO FACSIMILE CONNECTION
i
Mate of North Carolina
Department oiEnvironment and Natural resources
{ Wilmington Regional Office
James B, Hunt, Governor
I
FAX COVER SIiEET
Wayne McDevitt, Secre>rary
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Date: . I C7- 1o. Of Pages:
To: Rii( I r1 � ram: L��o�� LA'S
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10/11/1999 14:28 9107635631 TRIPP ENGINEERING
PAGE 01
TRIPP ENGINEERING, P.G.
419 Chestnut Street
Wilmington, North Carolina 28401
Phone: [phone] - FAX: [phone]
LETTER OF TRANSMITTAL
Job No.. i ?
To: ��DELL -kAkL QU Date:_
Attention-- _ enJIS__ Subject.._-Laf(Lk'L4
FAX TRANSMITTAL: NUMBER OF PAGES INCLUDES COVER
i am sending you: (.ATTACHED ( ) UNDER SEPARATE COVER
( ) Prints ( ) Tracings ( ) Copy of letter ( ) Specifications (.'Other
Codes_ Item No. Description
These are transmitted as checked below:
(.For Approval ( ) For Your Use ( ) Sign & Return {. Review
Remarks:
cc:
0

P ENGINEERING PAGE 02
10/11/1999 14:28 9107635631 TRIPOV., 5
,OCT . l i - 13�9 11 CAM NCDENR WIRO 578 R q d gZ`7
2 , If this applicat= is beinS suUmiucd as the rcsuh of a r=wal or modAcatiott to as cti 6% permit, list
The cxisti V pennit nurmbet -, A _ ond its issuc dam (i€kaowx)
3 Specify the type of project (check one);
Low Density _ _% _ High DerAny Redevelop _ General PcMut _ Ot er
4. Additional Project RNuixe a (check applicable biaaks):
�,- CAMA Major _2L 3edimeattatk /)Eroaton Control 404//401 Pen%it NPDBS Btormwvatar
Infotmution on regiOcd state permits can be abtsined by r-On ting the Customer S ake Crerster at
I.977.623-6749,
III, PROJECT INFORMATION
l . rn the space providad below, ssu umvixe how sW mwater swill. be treated Also attach a detailed narmiave
(ant to two pagca) deicribing-stormwater management fbr the project,
will be hudled by = infi
2, Starmvmter r=ff from this project drains to the Few _ ._ River basin.
3. Tots! Project Area: 2.0 acres 4. Project Built Upan Area: 90 g
KW' tt al
5. Hew marry drainage basius does the project have?
6, Complett the fnllowiag inforrmabor< for cacti drainage area. Iftherc arc mars; d an two drainage sneer in the
project, athich 4n additiaaal aheot %ith the iufarmsbari for ahA area provided in the same format as below,
i sin-sjte t�urlatt
On -tire Streets
ca-size
*ImperVtow area is defined as the
areas sidewalks, gravel areas, erc.
Foam SUW'101 Vemiaa3.99
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Page 2 of 4
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to,

TRIPP ENGINEERING, P.C.
419 Chestnut Street
Wilmington, North Carolina 28401
Phone: [phone] • FAX: [phone]
October 5, 1999
NCDENR
Division of Environmental Management
Water Quality Section
127 Cardinal Drive
Wilmington, NC 28405-3845
Attn: Ms. Linda Lewis
Re: Barkley Estates Subdivision
SW8 990827
New Hanover County, NC
TE 99015
Dear Linda:
GOT
�r�• �� litr N�y�� i
In response to your correspondence dated September 30, 1999 we offer the
following:
1. We have now shown swales and infiltration areas within proposed drainage
easements.
2. We have shortened the proposed swale along the western property line. A very
small amount of lot No. 14 will drain away from the street and swale, but it is
beyond the limits of any proposed impervious. We have revised the swale along the
eastern property line to drain to the middle between lot Nos. 7 and 9. No part of the
swales will be deeper than 2.5' and should fit within the 15' drainage easement.
3. We have increased the slope along the northeast swale to 0.40%.
4. A notation of "no wetlands are located on this property" has been added to the
drawings.
5. The developer is pursuing the HOA paperwork.
6. As you noted, there was a lot going on at the front of this tract. In pursuit of a less
"cluttered" design, we have relocated the proposed infiltration trench away from
Barkley Avenue and Aliens Lane. We also added two additional curb inlets to better
control runoff from our site. 'This should prevent potential interference with other
utilities. We have included an inset for each drop inlet with pipe sizing and invert
information.

Ms. Linda Lewis
SW8 990827
Page 2
7. As stated above, we have eliminated the trench parallel to Aliens Lane in favor of
the proposed trench along the rear of lot Nos. 1, 2, b, & 8.
8. We have initialed page 3 for your use.
9. We have revised the plans to indicate the 43.5' radius.
10. We added additional information to Cl to identify measurement points.
11. We have recalculated the roadway and enclosed revised calculations for your use.
Please contact us with questions or comments, or if you require additional information.
Thank you.
Sincerely,
Tr' Engineering, P.C.
�—A I . ?
Phillip G. Tripp, kP.E.
PGT:dcb
Enc.

Sfate of North Carolina
Department of Environment
and Natural Resources
Wilmington Regional Office
James B. Hunt, Jr., Governor
Bill Holman, Secretary
Division of Water Quality
October 7, 1999
Mr. Mark Brisson, Member/Manager
Barkely Road LLC
6752 Gordon Road
Wilmington, NC 28405
NC=;DENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
Subject: ACKNOWLEDGMENT OF RECEIPT AND
REQUEST FOR ADDITIONAL INFORMATION
Storinwater Project No. SW8 990827
Barkely Estates Subdivision
New Hanover County
Dear Mr. Brisson:
.The Wilmington Regional Office received previously requested information for the Stormwater
Management Permit Application for Barkely Estates Subdivision on October 5, 1999. A preliminary review
of that information has determined that the application is not complete. The following information is needed
to continue the stormwater review:
1. Now that the trench has been relocated, it does not appear that the same trench lengths and pipe
lengths are being used as originally submitted. Please provide a new supplement showing both
the 12" pipe and 8" pipe lengths, and new volume required and volume provided.
2. Please provide a little more detail as to how you arrived at the provided volume in the
calculations. Simply stating that l 3,200 cubic feet is provided isn't sufficient. You need to go
through the actual calculations to arrive at that conclusion.
3. Please show which side the open grate is supposed to go on and which side is supposed to have
the solid top on the drop inlet detail.
127 Cardinal Dr. Ext., Wilmington, North Carolina 28405 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled110%, post -consumer paper

Mr. Brisson
October 7, 1999
Stormwater Project No. SW8 990827
----------------------------------------------
Please note that this request for additional information is in response to a preliminary review. The
requested information should be received by this Office prior to November 7, 1999, or -the application will be
returned as incomplete. The return of a project will necessitate resubmittal of all required items, including the
application fee. The Division is allowed 90 days-fi-om the receipt of a completed application to issue the permit.
The construction of any impervious surfaces, other than a construction entrance under an approved
Sedimentation Erosion Control Plan, is a violation ofNCGS 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].
Sincerely,
Linda Lewis
Environmental Engineer
RSS/arl: S:IWQSISTORMWATIADDINF01990827.00T
CC' Linda Lewis
Phil Tripp, P.E.
127 Cardinal Dr. Ext., Wilmington, North Carolina 28405 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/10% post -consumer paper

41 TRIPP ENGINEERING, P.C.
419 Chestnut Street
Wilmington, North Carolina 28401
Phone: [phone] - FAX: [phone]
October 8, 1999 1 OCT 0 81999
NCDENR
Division of Environmental Management
Water Quality Section
127 Cardinal Drive
Wilmington, NC 28405-3845
Attn: Ms. Linda Lewis
Re: Barkley Estates Subdivision
SW8 990827
New Hanover County, NC
TE 99015
Dear Linda:
1n response to your correspondence dated October 7, 1999 we offer the following:
1. We enclose a revised underground infiltration trench supplement showing a total of
220 ft of 12" piping and 396 ft of 8" piping. Also included are a required volume
equal to 13,082 cuft and a provided volume equal to 13,200 cu.ft.
2. We have enclosed an additional calculation sheet specifying the provided volume for
your use. Please review and let us know if you need additional clarification.
3. Please note the "inset" details on previously submitted sheet No. Cl of 3. We have
shown the "solid" portion of the drop inlet grates "darkened in" and have shown the
open portion of the grates as unshaded. Please review and let us know if you need
additional clarification.
4. Please note, we have also included a revised stormwater narrative to revise the
previous submitted narrative.
Please review for approval and contact us if you have any questions, comments or if you
require additional information. Thank you.
Sincerely,
T ' p Engineering P.C.
Phillip . ripp,
PGT: dcb
Enc.

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State of North Carolina
Department of Environment
and Natural Resources
Wilmington Regional Office
James B. Hunt, Jr., Governor
Bill Holman, Secretary
Division of Water Quality
September 30, 1999
Mr. Mark Brisson, Member/Manager
Barkley Road LLC
6752 Gordon Road
Wilmington, NC 28405
RCDENR
NORTH CAROUINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
Subject: ACKNOWLEDGMENT OF RECEIPT AND
REQUEST FOR ADDITIONAL INFORMATION
Stormwater Project No. SW8 990827
Barkley Estates Subdivision
New Hanover County
Dear Mr. Brisson:
The Wilmington Regional Office received a Stormwater Management Permit Application for Barkley
Estates Subdivision on August 17, 1999. A preliminary review of that information has determined that the
application is not complete. The following information is needed to continue the stormwater review:
Please locate the swales in recorded drainage easements along the backs of the lots, which are
wide enough to accomodate the swale's width. It appears that a minimum of 25` will be needed,
based on existing and proposed grades.
2. A portion of each swale appears to be located in fill, le., the proposed grades are above the
existing grade. Please show proposed grading contours for the lots and for each swale.
3. I am concerned about the very slight fall proposed for the northeast swale. There is only 1 foot
of fall in almost 400', or a 0.25% grade. is this sufficient to collect the required 1 " runoff from
the lots and get it into the proposed infiltration system?
4. Delineate all wetlands on site, or note on the plans that none exist.
5. Please think about establishing an HOA now, prior to selling lots, in order to assure that
maintenance will be performed in the future. As the developer, you will be out of the picture
after the subdivision is built -out. Unless you want to be held responsible for the continued
maintenance of the system, after completion of the project, please think about an HOA now.
6. The bypass pipe inverts are NOT shown on the plans as the detail suggests. Please add. There
is a lot of stuff shown on the plan in the area of CI-1 and CI-2 that warrant a close-up detail of
that area. Please provide piping, elevations and inverts.
127 Cardinal Dr. Ext., Wilmington. North Carolina 28405 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled110% post -consumer paper

Mr. Brisson
September 30, 1999
Stornw.,ater Project No. SW8 990927
---------------------------------------------
7. For the trench system adjacent Allen's Lane, please show another detail which shows the piping
located to one side of the trench; with the laterals coming off it. Please label the size, length and
spacing of the laterals.
8. The top of page 3 of the supplement has not been initialled.
9. There is conflicting cul-de-sac information between the plan and the detail. If the pavement
width is 22' from the face of the tree curbing to the centerline of the valley curb, then the total
measurement from the radius point to the outside of the valley curb is 43.5', not 421
.
10. Please label the split road dimension as to where the I is measured from and to.
11. Please recalculate the road area. I a1n getting about 5,000 square feet more area.
Please note that this request for additional information is in response to a preliminary review. The
requested information should be received by this Office prior to October 30, 1999, or the application will be
returned as incomplete. The return of a project will necessitate resubmittal of all required items, including the
application fee. The Division is allowed 90 days from the receipt of a completed application to issue the permit.
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].
Sincerely,
Linda Lewis
Environmental Engineer
RSS/arl: S:IWQSISTORMWATIADDINF01990827.SEP
CC.' Linda Lewis
Phil Tripp, P.E.
127 Cardinal Dr. Ext., Wilmington, North Carolina 28405 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/10% post -consumer paper

SULT REPORT ( SEP.30.1995 11
COMMUNICATION RE
OPTION - ADDRESS (GROUP)
FILE MODE ---------------------------------- --
--------------------------------- 9-7635631
281 MEMORY TX
P. 1
TTI f ENR WIRO
RESULT PAGE
---- —_--------
-OK P. 3/3
----REASON FOR ERROR E-2) BUSY
E-1) HANG UP OR LINE FAIL E-4) NO FACSIMILE CONNECTION
E-3) NO ANSWER
State of North Clrolina .
Department of Environment and Natural Resources .
Wumington Regional office
James B. Hunt, Governor
Date: `'(
` o: d'
FAX
rENLkRKS:
FAX COVER SKEET
Wayne McDevitt; Secretary
No. Of Pages: 3
From: i
bo:
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TRIPP ENGINEERING, P.C.
419 Chestnut Street
Wilmington, North Carolina 28401
Phone: [phone] • PAX: [phone]
August 17, 1999
NCDENR
Division of Environmental Management
Water Quality Section
127 Cardinal Drive
Wilmington, NC 28405-3845
Attn: Ms. Linda Lewis
Re: Barkley Estates
New Hanover County, NC
TE 99015
Dear Linda-
AUG 17 1999
N�
Enclosed please find two (2) sets of plans, one (1) signed original and one (1)
copy of the application form with narrative, one (1) infiltration basin supplement, two (2)
sets of signed sealed calculations, one (1) copy of the soils report and one check for the
application fee.
Please review for approval and contact us with any questions or comments.
Thank you.
Sincerely,
Tripp Engineering, P.C.
s
Charles D. Cazier, E.C.
CDC:dcb
Enc.