SW8110903_Timeline_20190130

Revised January 30,2019
Timeline associated with the December 20, 2018 email forwarded by Annette Lucas to Dan Sams,
containing letters from the Town of Leland that had been sent to Jim Gregson, dated October 15, 2018.The
letters contained a number of allegations and perceived compliance issues for the following permits:
SW8 000220 The Lakes at Magnolia Greens
SW8 970104 Magnolia Greens Master Permit
SW8 061007 Parkview at Brunswick Forest
SW8 031055 Wedgewood
SW8 110903 Lanvale Trace
The Lakes at Magnolia Greens project is a high density residential subdivision with a non-discharging wet
detention pond, designed to hold 8" of rain.The pond is a series of segmented water bodies interconnected
with equalizer piping. The pond is designed to utilize irrigation as the sole means of drawing down the
storage volume.
Magnolia Greens Master permit is overall low density and includes curb outlet swales for those areas of the
subdivision where runoff is not collected.
Parkview at Brunswick Forest, Wedgewood and Lanvale Trace utilize standard wet detention ponds.
2/15/12 The Division forwards a complaint from a resident about the Lakes at Magnolia Greens SW8
000220 pond to the permittee, Landmark Developers.The complainant requests that the
Division consider the occasional street flooding as a "nuisance condition" under the permit;that
we investigate the adequacy of the equalizer pipes;that we ensure that the irrigation lines are in
an easement so the HOA can maintain them; and to make sure that the irrigation pump is sized
appropriately. Landmark is also looking at an alternative weir design which will prevent residents
from removing boards in the flashboard riser to manipulate the water level.
3/16/12 Davis Fennell, P.E.,files an engineering analysis report regarding the complaints filed on
2/15/12 above.The report concludes that the equalizer pipes are sufficiently sized to maintain
flow between the pond sections for the 8" design storm;the irrigation lines are located within
recorded access easements and the pump is adequately sized.A new concrete weir is proposed
to replace the flashboard structure.The Division determines that occasional flooding of the
street is not a permit compliance issue.
5/13/13 The SW8 000220 permit is transferred to the Magnolia Greens Master Association.
7/10/13 The Division receives a letter from Charles Meier(attorney for the HOA)with a request to amend
the SW8 000220 permit to allow the HOA to drawdown the pond before large storms as per the
October 21, 2003 Flood Relief Policy.
12/3/15 The Division receives an email from Jody Bland, PE with Norris&Tunstall, who has been hired by
the HOA to review and analyze options regarding the Lakes at Magnolia Greens pond. N&T wants
to meet to discuss options to reduce the frequency of street flooding.A meeting is set for
December 15, 2015.
12/14/15 The Division receives emailed questions from Jody Bland for discussion at the meeting.They
want to discuss modifying the storage volume by lowering the weir elevation; converting the pond
to a traditional pond with storage for 1.5" of rain and an orifice for drawdown and keep some
water in reserve for irrigation; and options for lowering the weir elevation and/or widening the
spillway.
12/15/15 DEMLR staff meet with consultant about proposed changes to the SW8 000220 pond. No
application to modify the permit was submitted.
8/18/17 The Division receives an email from Shirley Lawler, a candidate for Leland Town Council, who is
lodging a complaint on behalf of Gary Ostby, who lives adjacent one of the permitted ponds(#8)
in Parkview at Brunswick Forest#SW8 061007. Mr. Ostby believes that the pipes under
Leesburg Drive leading into the pond are "undersized".The Division explains that sizing the
collection system is not within the regulatory authority of the Division and recommends that Mr.
Ostby contact either the NCDOT or the Town of Leland (if the roads are public) or the HOA if the
roads are private.
9/21/17 Pond #8 under SW8 061007 (Parkview at Brunswick Forest) is inspected and found to be in
compliance.

Revised January 30,2019
10/2017 The Town of Leland issues a draft report of their commissioned flooding investigation for The
Lakes at Magnolia Greens, prepared by Cape Fear Engineering.
2/20/18 The Division receives an email from Dennis Deasy(Magnolia Greens Master HOA Pond
Committee) asking for Division comments to the October Flooding Report.
2/21/18 The Division emails comments to the Magnolia Greens Master HOA regarding certain
interpretations made in the report. DEMLR explains what the design criteria are for the pond;
surface area; volume; permanent pool and temporary pool; and drawdown via irrigation. DEMLR
also explains that it does not have regulatory authority over flooding and that any changes to the
permitted condition require a permit modification.
8/14/18 A copy of the Division's February 21, 2018 email is forwarded to Angie Barker with CEPCO, who
manage(d)the Magnolia Greens Master HOA, and to David Hollis, Leland Town Manager. We
agreed that if irrigation was no longer able to achieve drawdown within 5 days,then that would
be a compliance issue that should be addressed via submission of a modification. DEMLR
suggested that an orifice could be added to assist in draw down.
8/17/18 The Division receives an email from David Hollis alleging that the water level in the Lakes at
Magnolia Greens pond has not been at elevation 21 in "a decade". The Division responds that
the October 2017 Flooding Report commissioned by the Town shows that there is a declining
demand to irrigate the golf course, most likely due to the return of normal to above-normal
rainfall for our area. The Division again indicates that if irrigation is not achieving the necessary
drawdown,the permittee should consider other options for drawdown and submit the necessary
permit modification.
10/15/18 Letters from the Mayor of the Town of Leland are sent to Jim Gregson regarding flooding issues
at the Lakes at Magnolia Greens, Parkview in Brunswick Forest, Wedgewood, and Lanvale Trace.
12/3/18 Creighton Brown (DEMLR Sediment Program) inspects SW8 970104 as a result of a complaint
from Terry Miller, a homeowner in Magnolia Greens who lives adjacent a curb outlet swale. The
lot backs up to wetlands adjacent Jackey's Creek. The owner complains about standing water in
the crawl space under his home due to Jackey's Creek flooding; the unvegetated condition of the
swale; and an uprooted tree that poses a danger. Mr. Miller indicates that it is the Division's
obligation to remove the tree.The Division requires the swale to be vegetated, but has no
authority over the flooding, the standing water or the uprooted tree.
12/6/18 Jim Gregson forwards an email to Danny Smith, Interim Director, DEMLR, with the October 15,
2018 letters attached.
12/16/18 Danny Smith forwards the email and attachments to Annette Lucas. Mr. Smith requests that the
Division investigate and report the findings back to him.
12/20/18 Annette Lucas forwards the 12/16/18 email from Danny Smith to Dan Sams, who forwards it to
WiRO Stormwater Program staff.
12/21/18 Kelly Johnson conducts a file review of each permit and provides a summary of the situation for
each project.
1/7/19 Linda Lewis returns from vacation and opens the 12/20/18 email from Dan Sams and reads the
attached letters from the Town to Jim Gregson and provides emailed comments to Dan Sams
regarding the allegations made in the letter about The Lakes at Magnolia Greens.
1/11/19 Creighton Brown (DEMLR Sediment Program) inspects all of the projects referenced in the
Town's letters. Other than routine maintenance issues, no permit violations are found. Based on
photographs, it appears that the water level in the 000220 pond on that day was at the top of
the concrete weir, which has been certified as being set at the temporary pool elevation of 23.5.
The National Weather Service indicates that from January 1-5, 2019, less than one inch of rain
fell in the Brunswick County area. From January 6 to January 11, 2019, no rain fell.The pond
level should have already been down to elevation 21, some 2.5 feet below the weir. Since it was
not, the Division suspects that irrigation is not being utilized for drawdown.

Revised January 30,2019
Things for the Director to consider:
1. Our area received over 100 inches of rain in 2018, with 23 of those inches falling during Hurricane
Florence in September. Most wet ponds are only designed to detain one inch or one and a half
inches of rain and most consultants use a 10 year storm to design a collection system, or whatever
the local government requirements are.
2. The Town of Leland is not the permit holder for any of the permits in question. Their only interest in
ensuring compliance stems from a concern about the cost of road pavement repair due to the
damage caused by the alleged flooding.
3. The Division does not review proposed plans for flood protection nor is flooding a violation of the
permit or of the stormwater rules.The local government, should they choose to accept, is able to
promulgate ordinances which set forth minimum design requirements to reduce or alleviate flooding
for projects within their jurisdiction.
4. The HOA has not, to date,submitted a request to modify the Lakes at Magnolia Greens permit.
5. All five of the ponds/ projects identified by the Town have been certified.
6. Because the letters from the Town were addressed to Jim Gregson and not to DEMLR, there was a
delay of almost 2 months before DEMLR received those letters. The Christmas holidays created
another 2 week delay in our ability to research and respond to this complaint. From the time we were
made aware of the Town's letters on December 21, 2018,to the inspections on January 11, 2019, a
total of 12 business days had elapsed.
7. On January 14, 2019,the Town of Leland provided a list of alleged concerns with each permit, as
indicated below,followed by DEMLR suggested response.
a. The Lakes at Magnolia Greens SW8 000220 - Allegation-That some of the drainage pipes
were not installed;that there are weir elevation discrepancies;and,that the system is only
able to draw down to elevation 21.76.
Response-The Lakes at Magnolia Greens was certified by K. Davis Fennell, P.E., on August 3,
2007 with only a note that ongoing maintenance is being conducted to address some slope
erosion.The weir elevation is set as permitted and verified in the October 2017 Flooding
Investigation Report. It does appear that the configuration of the stormwater collection
system has changed.The permit requirement is to collect the runoff and direct it to the
permitted system, but the size and configuration of the collection system designed by the
consultant is not within our regulatory authority. If the collection system allowed runoff to
bypass the SCM, or if the collection system was not installed at all, then that would be a
compliance issue. In this case,the engineer has certified that the runoff is collected and
directed into the pond.We do require the permittee to provide us with updated drawings
when those kind of changes to the approved plans take place.The Town should contact the
original design engineer for any questions they have about pipe sizes, missing pipes or
reconfigured collection piping as it pertains to the alleged flooding.The alleged inability to
drawdown below 21.76 appears questionable, since the irrigation pump float control can
easily be set to switch the pump off when the water elevation reaches 21.0, as permitted.
b. Parkview at Brunswick Forest SW8 061007- Allegation -that water within the receiving
stream is overtopping its banks and "back-feeding" one of the ponds;that the tailwater
condition in the receiving stream may not have been accounted for in the outlet structure
design; and that the pond was built within the 100 year floodplain.
Response - the Division does not regulate any of these items.The Town has the ability to
promulgate ordinances to deal with flooding, to require the outlet structure design to take
the tailwater condition into account, and to prohibit the SCM from being located in the flood
plain.
c. Wedgewood SW8 031055- Allegation -That water is backing up in the pipe system and
ponding in the streets and that the pond banks are eroding or were not built to proper slope
originally.
Response - the project was certified by Lawrence Gilman, P.E., on June 3, 2008 with no
deviations.The January 11, 2019 inspection indicated no compliance issues. Flooding and
standing water are not regulated by the Division. Due to our flat coastal topography, most
piped systems enter a wet pond below the permanent pool elevation.As a result,there is
generally some standing water in the pipes, which is not a violation of the permit. The Town
has the ability to promulgate ordinances to prohibit standing water in the pipes. Erosion is a
routine maintenance item.

Revised January 30,2019
d. Lanvale Trace SW8 110903- Allegation -that something is wrong with the elevations of the
pond banks,forebay and catch basin grates; that there is no orifice in the outlet structure;
and that the entrance road floods in moderate to heavy rainfall.
Response-The project was certified by Phil Norris, P.E., on March 5, 2015 with no
deviations.The inspection conducted on January 11, 2019 indicates that the orifice in Pond
3 appears to be clogged and that maintenance of the outlet area in Pond 1 is needed.The
orifice would appear to be present but may just require maintenance to unclog it.
This is just one example of the type of complaints(flooding and drainage)the Division routinely receives
after large storms where we are asked to fix issues and/or take action where we have no regulatory authority
to do so.
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102 Town Hall Drive-Leland North Carina 28451
[phone]-Far(910)371-1073
October 15,2018
Jim Gregson
Regional Supervisor,Water Resources,Water Quality Regional Operations Section
NCDEQ Wilmington Regional Office
127 Cardinal Drive Ext.
Wilmington, NC 28405-1651
RE: Leland Subdivision Stormwater Permits
Mr.Gregson, •
In response to requests from citizens concerned about stormwater and flooding in their neighborhoods,the
Town requests that NCDEQ work with the responsible parties to review and determine if existing infrastructure
is in compliance with existing state stormwater permits for the following subdivisions:
Parkview Subdivision(Brunswick Forest):SW8 50528
Wedgewood Subdivision:SW8 031055
Lanvale Trace Subdivision:SW8 110903
Thank you for considering this request and please feel free to contact Town Manager David Hollis with any
questions.
Sincerely,
Brenda Bozeman'
Mayor
Brenda Bozeman Pat Batleman Michael Callahan
Mayor Mayor Pro Tem Councilmember
Bob Corriston Bob Campbell David A.Hollis
Councilmember Councilmember Town Manager