SW8911202_Historical File_20040308

�OF WarF9Michael F. Easley, Governor
`O Q G William G. Ross Jr., Secretary
coNorth Carolina Department of Environment and Natural Resources
=i Alan W. Klimek, P.E.,Director
o '� Division of Water Quality
Coleen H. Sullins, Deputy Director
Division of Water Quality
March 8, 2004
Ms. Dana Connelly, President
Sea Trail Corporation
279 Clubhouse Road
Sunset Beach, NC 28468
Subject: Stormwater Permit No. SW8 911202
Rice Mill Subdivision Phase I @Sea Trail
Low Density Subdivision
Brunswick County
Dear Ms. Connelly:
The Wilmington Regional Office received a complete modified Stormwater Management
Permit Application for Rice Mill Subdivision Phase I @Sea Trail on March 8, 2004. This
modification is to update the Master Plan and address the previous violations at Sea Trail.
Staff review of the plans and specifications has determined that the ro'ect, as
proposed, will comply with the Stormwater Regulations set forth in Title 15A NCAC
2H.1000. We are forwarding Permit No. SW8 911201, dated March 8, 2004, for the
construction of the subject project.
This permit shall be effective from the date of issuance until rescinded and shall be
subject to the conditions and limitations as specified therein, and does not supercede
any other agency permit that may be required. ;
If any parts, requirements, or limitations contained in this permit are unacceptable, you
have the right to request an adjudicatory hearing upon written request within thirty ( 0)
days following receipt of this permit. This request must be in the form of a written
petition, conforming to Chapter 150B of the North Carolina General Statutes, and filed
with the Office of Administrative Hearings; P.O. Drawer 27447, Raleigh, NC 27611-
7447. Unless such demands are made this permit shall be final and binding.
If you have any questions, or need additional information concerning this matter, please
contact either Linda Lewis or me at [phone].
Sincerely,
Rick Shiver
Water Quality Regional Supervisor
RSS/ad: S:IWQSISTORMWATIPERMIT1921201.mar04
cc: Alan Lewis, East Coast Engineering
Linda Fleugel, Town of Sunset Beach Building Inspections
NCDOT District Engineer Brunswick County
Linda Lewis
Division of Coastal Management
Wilmington Regional Office
Central Files
N. C. Division of Water Quality 127 Cardinal Drive Extension [phone]
Wilmington Regional Office Wilmington; NC 28405 [phone] Fax
Customer Service
1 800 82327748

State Stormwater Management Systems
Permit No. SW8 921202 Mod.;
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
STATE STORMWATER MANAGEMENT PERMIT
LOW DENSITY DEVELOPMENT
In accordance with the provisions of Article 21 of Chapter 143, General Statutes of
North Carolina as amended, and other applicable Laws, Rules and Regulations
PERMISSION IS HEREBY GRANTED TO
Dana Connelly, Sea Trail Corporation
Rice Mill Subdivision Phase I
Brunswick County .
FOR THE
construction, operation and maintenance of a 30% low density subdivision in
compliance with the provisions of 15A NCAC 2H .1000 (hereafter referred to as the
"stormwaterrules" and the approved stormwater management plans and
specifications, and other supporting data as attached and on file with and approved by
the Division of Water Quality and considered a part of this permit.
The Permit shall be effective from the date of issuance until rescinded and shall be
subject to the following specific conditions and limitations:
I. DESIGN STANDARDS
1. The project is permitted for 41 lots, each limited to a maximum amount of built -
upon area as follows: Lots 1-4, 6-32, and 34-41 @6,500; Lot 5@7,422; and Lot
33 @8,908 square feet; as defined by the stormwater rules, and as indicated in
the approved plans. CAMA regulations may reduce the built -upon area for those
lots within the AEC.
2. The Master Plan permit, SW8 940226, allows for a slightly increased built -upon
area for the individual tracts, however, the overall built -upon area percentage for
Sea Trail must be maintained at 30%, per the requirements of Section .1005 of
the stormwater rules.
3. No piping shall be allowed except those minimum amounts necessary to direct
runoff beneath an impervious surface such as a road or under driveways to
provide access to lots.
4. Runoff conveyances such as perimeter ditches, must be vegetated with side
slopes no steeper than 3:1 (H:V).
5. Approved plans and specifications for projects covered by this permit are
incorporated by reference and are enforceable parts of the permit.
Page 2 of 5

State Stormwater Management Systems
Permit No. SW8 921202 Mod.
II. SCHEDULE OF COMPLIANCE
1. Swales and other vegetated conveyances shall be constructed in their entirety,
vegetated, and be operational for their intended use prior to the construction of
any built -upon surface, per the approved plans
2. During construction, erosion shall be kept to a minimum and any eroded areas of
the swales or other vegetated conveyances will be repaired immediately.
3. The permittee shall at all times provide the operation and maintenance
necessary to operate the permitted stormwater management systems at
optimum efficiency to include:
a. Inspections
b. Sediment removal.
C. Mowing, and revegetating of the side slopes.
d. Immediate repair of eroded areas.
e. Maintenance of side slopes in accordance with approved plans and
specifications.
f. Cleaning and repair of catch basin grates, flumes, piping, and the flow
spreader mechanism.
4. The permittee shall submit to the Director and shall have received approval for
revised plans, specifications, and calculations prior to construction, for any
modification to the approved plans, including, but not limited to, those listed
below:
a. Any revision to the approved plans, regaMless of size.
b. Project name chapge.
C. Transfer of ownership.
d. Redesign or addition to the approved amount of built -upon area or to the
drainage area.
e. Further subdivision, acquisition or sale of the project area. The project
area is defined as all proper owned by the permittee, for which
Sedimentation and Erosion Control Plan approval was sought.
f. Filling in, piping, or altering any vegetative conveyance shown on the
approved plan.
5. The Director may determine that other revisions to the project should require a
modification to the permit.
6. The permittee is responsible for verifying that the proposed built -upon area does
not exceed the allowable built -upon area. Once the lot transfer is complete, the
built -upon area may not be revised without approval from the Division of Water
Quality, and responsibility for meeting the built -upon area limit is transferred to
the individual property owner.
7. The permittee must certify in writing that the project's stormwater controls, and
impervious surfaces have been constructed within substantial intent of the .
approved plans and specifications. Any deviation from the approved plans must
be noted on the Certification. The permittee shall submit the Certification to the
Division within 30 days of completion of the project.
8. The permittee shall submit all information requested by the Director or his
representative within the time frame specified in the written information request.
9. Each lot in the subdivision covered by this permit will maintain a minimum 30 foot
wide vegetative buffer between all- impervious areas and surface waters.
10. Deed restrictions are incorporated into this permit by reference and must be
recorded with the Office oftheRegister of Deeds prior to the sale of any lot.
Page 3 of 5

State Stormwater Management Systems
Permit No. SW8 921202 Mod'
11_ All roof drains must terminate at least 30' from the Mean High Water mark.
12. Recorded deed restrictions must include, at a minimum, the following statements
related to stormwater management:
a. The following covenants are intended to ensure ongoing compliance with
State Stormwater Management Permit Number SW8 911202 and SW8
940226, as issued by the Division of Water Quality under NCAC
2H.1000.
b. The State of North Carolina is made a beneficiary of these covenants to
the extent necessary to maintain compliance with the Stormwater
Management Permit.
C. These covenants are to run with the land and be binding on all persons
and parties claiming under them.
d. The covenants pertaining to stormwater may not be altered or rescinded
without the express written consent of the State of North Carolina,
Division of Water Quality.
e. Alteration of the drainage as shown on the approved plans may not take
place without the concurrence of the Division of Water Quality.
f. The maximum built -upon area per lot is as follows:
Lots 1-4, 6-32, and 34-41 @7,000 square feet;
Lot 5 @7,422 square feet and Lot 33 @8,908 square feet.
The allotted amount includes any built -upon area constructed within the
lot property boundaries, and that portion of the right-of-way between the
front lot line and the edge of the pavement. Built upon area includes, but
is not limited to, structures, asphalt, concrete, gravel, brick, stone, slate,
coquina, driveways, and parking areas, but does not include raised, open
wood decking, or the water surface of swimming pools.
g. Filling in, piping or altering any 3:1 vegetated conveyances (ditches,
swales, etc.) associated with the development except for average
driveway crossings, is prohibited by any persons.
h. A 30' vegetated buffer must be maintained between all built -upon area
and the Mean High Water line of surface waters.
i. All roof drains shall terminate at least 30' from the Mean High Water mark.
13. The Director may notify the permittee when the permitted site does not meet one
or more of the minimum requirements of the permit. Within the time frame .
specified in the notice, the permittee shall submit a written time schedule to the
Director for modifying.the site to meet minimum requirements. The permittee
shall provide copies of revised plans and certification in writing to the Director
that the changes have been made.
14. The permittee must submit a copy of the recorded deed restrictions within 30
days of the date of recording.
15. Prior to transfer of ownership, the project must be inspected and determined to
be in compliance with the permit. Any deficiencies will be repaired or replaced
prior to the transfer.
Page 4 of 5

State Stormwater Management Systems
Permit No. SW8 921202 Mod.
16. The final plats for the project will be recorded showing all required swale
easements and common areas, in accordance with the approved plans.
III. GENERAL CONDITIONS
1. Failure to abide by the conditions and iimitations contained in this permit may
subject the Permittee to an enforcement action by the Division of Water Quality,
in accordance with North Carolina General Statutes 143-215.6A to 143-215.6C.
2. The permit issued shall continue in force and effect until revoked or terminated.
3. The permit may be modified, revoked and reissued or terminated for cause. The
filing of a request for a permit modification, revocation and reissuance, or
termination does not stay any permit condition.
4. The issuance of this permit does not prohibit the Director from reopening and
modifying the permit, revoking and reissuing the permit, or terminating the permit
as allowed by the laws, rules, and regulations contained in Title 15A of the North
Carolina Administrative Code, Subchapter 2H.1000; and North Carolina General
Statute 143-215.1 et. al.
5. The permit is not transferable to any person or entity except after notice to and
approval by the Director. The Director may require modification or revocation and
reissuance of the permit to change the name and incorporate such other
requirements as may be necessary. A formal permit transfer request must be
submitted to the Division of Water Quality accom- panied by the appropriate fee,
documentation from both parties involved, and other supporting materials as may
be appropriate. The approval of this request will be considered on its merits, and
may or may not be approved. The permittee is responsible for compliance with
all the terms and conditions of this permit until the Division approves the permit
transfer.
6. The issuance of this permit does not preclude the Permittee from complying with
any and all statutes, rules, regulations, or ordinances imposed by other
government agencies (local, state and federal) which have jurisdiction. If any of
thuspermits or approvals result in revisions to the plans, a permit modification
s be submitted.
7. The permittee grants permission to DENR Staff to enter the property during
business hours for the purposes of inspecting the stormwater control system and
it's components.
8. The permittee shall notify the Division of Water Quality of any name, ownership
or mailing address changes within 30 days.
Permit issued this the 8th day of March_, 2004.
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
Alan W. Klimek, P.E., Director
Division of Water Quality
By Authority of the Environmental Management Commission
Page 5 of 5

State Stormwater Management Systems
Permit No. SW8 921202 Mod.
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
STATE STORMWATER MANAGEMENT PERMIT
LOW DENSITY DEVELOPMENT
In accordance with the provisions of Article 21 of Chapter 143, General Statutes of
North Carolina as amended, and other applicable Laws, Rules and Regulations
PERMISSION IS HEREBY GRANTED TO
Dana Connelly, Sea Trail Corporation
Rice Mill Subdivision Phase /
Brunswick County
FOR THE
construction, operation and maintenance of a 30% low density subdivision in
compliance with the provisions of 15A NCAC 2H .1000 (hereafter referred to as the
"stormwater rules') and the approved stormwater management plans and
specifications, and other supporting data as attached and on file with and approved by
the Division of Water Quality and considered a part of this permit.
The Permit shall be effective from the date of issuance until rescinded and shall be
subject to the following specific conditions and limitations:
I. DESIGN STANDARDS
The project is permitted for 41 lots, each limited to a maximum amount of built -
upon area as follows: Lots 1-4, 6-32, and 34-41 @6,500; Lot 5@7,422; and Lot
33 @8,908 square feet; as defined by the stormwater rules, and as indicated in
the approved plans. CAMA regulations may reduce the built -upon area for those
lots within the AEC.
2. The Master Plan permit, SW8 940226, allows for a slightly increased built -upon
area for the individual tracts, however, the overall built -upon area percentage for
Sea Trail must be maintained at 30%, per the requirements of Section .1005 of
the stormwater rules.
3. No piping shall be allowed except those minimum amounts necessary to direct
runoff beneath an impervious surface such as a road or under driveways to
provide access to lots.
4. Runoff conveyances such as perimeter ditches, must be vegetated with side
slopes no steeper than 3:1 (H:V).
5. Approved plans and specifications for projects covered by this permit are
incorporated by reference and are enforceable parts of the permit.
Page 2 of 5

State Stormwater Management Systems
Permit No. SW8 921202 Mod.
II. SCHEDULE OF COMPLIANCE
1. Swales and other vegetated conveyances shall be constructed in their entirety,
vegetated, and be operational for their intended use prior to the construction of
any built -upon surface, per the approved plans
2. During construction, erosion shall be kept to a minimum and any eroded areas of
the swales or other vegetated conveyances will be repaired immediately.
3. The permittee shall at all times provide the operation and maintenance
necessary to operate the permitted stormwater management systems at
optimum efficiency to include:
a. Inspections
b. Sediment removal.
C. Mowing, and revegetating of the side slopes.
d. Immediate repair of eroded areas.
e. Maintenance of side slopes in accordance with approved plans and
specifications.
f. Cleaning and repair of catch basin grates, flumes, piping, and the flow
spreader mechanism.
4. The permittee shall submit to the Director and shall have received approval for
revised plans, specifications, and calculations prior to construction, for any
modification to the approved plans, including, but not limited to, those listed'
below:
a. Any revision to the approved plans, regardless of size.
b. Project name change.
C. Transfer of ownership.
d. Redesign or addition to the approved amount of built -upon area or to the
drainage area.
e. Further subdivision, acquisition or sale of the project area. The project
area is defined as all property owned by the permittee, for which
Sedimentation and Erosion Control Plan approval was sought.
f. Filling in, piping, or altering any vegetative conveyance shown on the
approved plan.
5. The Director may determine that other revisions to the project should require a
modification to the permit.
6. The permittee is responsible for verifying that the proposed built -upon area does
not exceed the allowable built -upon area. Once the lot transfer is complete, the
built -upon area may not be revised without approval from the Division of Water
Quality, and responsibility for meeting the built -upon area limit is transferred to
the individual property owner.
7. The permittee must certify in writing that the project's stormwater controls, and
impervious surfaces have been constructed within substantial intent of the
approved plans and specifications. Any deviation from the approved plans must
be noted on the Certification. The jpermittee shall submit the Certification to the
Division within 30 days of completion of the project.
8. The permittee shall submit all information requested by the Director or his
representative within the time frame specified in the written information request.
9. Each lot in the subdivision covered by this permit will maintain a minimum 30 foot
wide vegetative buffer between all impervious areas and surface waters.
10. Deed restrictions are incorporated into this permit by reference and must be
recorded with the Office of the Register of Deeds prior to the sale of any lot.
Page 3 of 5

State Stormwater Management Systems
Permit No. SW8 921202 Mod.
11. All roof drains must terminate at least 30' from the Mean High Water mark.
12. Recorded deed restrictions must include, at a minimum, the following statements
related to stormwater management:
a. Ti �e following covenants are intended to ensure ongoing compliance with
State Stormwater Management Permit Number SW8 911202 and SW8
940226, as issued by the Division of Water Quality under NCAC
2H.1000.
b. The State of North Carolina is made a beneficiary of these covenants to
the extent necessary to maintain compliance with the Stormwater
Management Permit.
C. These covenants are to run with the land and be binding on all persons
and parties claiming under them.
d. The covenants pertaining to stormwater may not be altered or rescinded
without the express written consent of the State of North Carolina,
Division of Water Quality.
e. Alteration of the drainage as shown on the approved plans may not take
place without the concurrence of the Division of Water Quality.
f. The maximum built -upon area per lot is as follows:
Lots 1-4, 6-32, and 34-41 @7,000 square feet;
Lot 5 @7,422 square feet and Lot 33 @8,908 square feet.
The allotted amount includes any built -upon area constructed within the
lot property boundaries, and that portion of the right-of-way between the
front lot line and the edge of the pavement. Built upon area includes, but
is not limited to, structures, asphalt, concrete, gravel, brick, stone, slate,
coquina, driveways, and parking areas, but does not include raised, open
wood decking, or the water surface of swimming pools.
g. Filling in, piping or altering any 3:1 vegetated conveyances (ditches,
swales, etc.) associated with the development except for average
driveway crossings, is prohibited by any persons.
h. A 30' vegetated buffer must be maintained between all built -upon area
and the Mean High Water line of surface waters.
i. All roof drains shall terminate at least 30' from the Mean High Water mark.
13. The Director may notify the permittee when the permitted site does not meet one
or more of the minimum requirements of the permit. Within the time frame
specified in the notice, the permittee shall submit a written time schedule to the
Director for modifying the site to meet minimum requirements. The permittee
shall provide copies of revised plans and certification in writing to the Director
that the changes have been made.
14. The permittee must submit a copy of the recorded deed restrictions within 30
days of the date of recording.
15. Prior to transfer of ownership, the project must be inspected and determined to
be in compliance with the permit. Any deficiencies will be repaired or replaced
prior to the transfer.
Page 4 of 5

State Stormwater Management Systems
Permit No. SW8 921202 Mod.
16. The final plats for the project will be recorded showing all required swale
easements and common areas, in accordance with the approved plans.
III. GENERAL CONDITIONS
1. Failure to abide by the conditions and limitations contained in this permit may
subject the Permittee to an enforcement action by the Division of Water Quality,
in accordance with North Carolina General Statutes 143-215.6A to 143-215.6C.
2. The permit issued shall continue in force and effect until revoked or terminated.
3. The permit may be modified, revoked and reissued or terminated for cause. The
filing of a request for a permit modification, revocation and reissuance, or
termination does not stay any permit condition.
4. The issuance of this permit does not prohibit the Director from reopening and
modifying the permit, revoking and reissuing the permit, or terminating the permit
as allowed by the laws, rules, and regulations contained in Title 15A of the North
Carolina Administrative Code, Subchapter 2H.1000; and North Carolina General
Statute 143-215.1 et. al.
5. The permit is not transferable to any person or entity except after notice to and
approval by the Director. The Director may require modification or revocation and
reissuance of the permit to change the name and incorporate such other
requirements as may be necessary. A formal permit transfer request must be
submitted to the Division of Water Quality accompanied by the appropriate fee,
documentation from both parties involved, and other supporting materials as may
be appropriate. The approval of this request will be considered on its merits, and
may or may not be approved. The permittee is responsible for compliance with
all the terms and conditions of this permit until the Division approves the permit
transfer.
6. The issuance of this permit does not preclude the Permittee from complying with
any and all statutes, rules, regulations, or ordinances imposed by other
government agencies (local, state and federal) which have jurisdiction. If any of
those permits or approvals result in revisions to the Dlans. a permit modification
must be submitted.
7. The permittee grants permission to DENR Staff to enter the property during
business hours for the purposes of inspecting the stormwater control system and
it's components.
8. The permittee shall notify the Division of Water Quality of any name, ownership
or mailing address changes within 30 days.
Permit issued this the 8th day of March, 2004.
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
Alan W. Klimek, P.E., Director
Division of Water Quality
By Authority of the Environmental Management Commission
Page 5 of 5

Delivery status Notification
Subject: Delivery Status Notification
From: [e-mail]
Date: 7 Apr 2004 12:54:00 -0700
To: [e-mail]
This message could not be delivered to the following recipients:
<[e-mail]>:
This mailbox has exceeded their disk quota. (#5.2.2)
Reporting-MTA: dns; bouncemessage.net
Final -Recipient: rfe822; [e-mail]
Action: Failed
Status: 5.2.2
Subject: Re: Sea Trail NOV
From: Linda Lewis <[e-mail]>
Date: Wed, 07 Apr 2004 15:53:58 -0400
To: "Alan C. Lewis" <[e-mail]>
Alan:
After some thought, here are my comments regarding this situation.
The pipe removal work to bring Sea Trail into compliance is being done on the
Town's right-of-way. The homeowners have no standing to stop or sue over what is
happening in the right-of-way as long as the work stays in the right-of-way.
I cannot allow the piping to remain in direct conflict with the intent of low
density development, regardless of the small amount of drainage area or negligible
impact to surface waters. If I let one have a pipe, I'll have to let everyone have
a pipe, and there goes the intent of low density development.
All those things being said, you either proceed with the work to remove the piping
or do one of the two options mentioned in your letter. I would rather see an
infiltration area or bio-retention area to treat the runoff due to the proximity to
SA waters. If you have any sketches you want me to look at, please fax them to me
at 350-2004.
Linda
Alan C. Lewis wrote:
Linda,
The Contractor started work on the Forest Creek Road nonconforming culvert
problem last week. This is the nonconforming culvert pipe that goes under Forest
Creek Road and then goes between Lots 64 and 65 and they_ discharges into the
non-stormwater pond that is located adjacent to Jones Fairway #6. During her
site inspection in April of 103, Noelle Lutheran said that this nonconforming
pipe problem would have to be corrected in compliance with low density
standards. We included a proposal that would correct the problem in our October
1, 2003 submittal package to you. Please recall that we commissioned a
topographic survey of this area and determined that the nonconforming pipe could
be plugged and/or eliminated and reroute the stormwater within the roadside swale
1 of 2 4/7/2004 4:33 PM

Delivery Status Notification
toward Rice Mill Circle instead of between Lots 64 and 65. This was verbally
discussed and acknowledged as acceptable during our 10/1/03 submittal meeting in
your office.
The Contractor started his work by cutting the concrete driveway and lowering the
driveway culvert in front of Lot 68. He was proceeding to lower the roadside
swale in order to direct the stormwater toward Rice Mill Circle when the owner of
Lot 68 demanded that he cease work. In order to redirect the flow, the driveway
culvert serving Lot 68 had to be lowered by about a foot. When the property
owner saw how much this affected the roadside swale in front of his property, he
became quite upset. Similarly, we told the owner of Lot 70 that we would have to
lower his driveway culvert and roadside swale by about 2 feet. He too became
very upset.
We attended a meeting with all of the affected property owners, Town Officials
and Ms. Dana Connelly yesterday at Sea Trail. The property owners are
threatening legal action against Sea Trail if their culverts and roadside swale
are not left in their original condition. If legal action is initiated, this
could delay the implementation_ of the necessary corrective procedures. In
addition, the Town of Sunset Beach is involved in this particular matter because
Forest Creek Road has been dedicated to the Town by Sea Trail Corporation.
On Friday and Saturday of last week, an Engineer representing the Town of Sunset
Beach and I met to investigate possible alternative corrective actions. We were
able to determine that the watershed associated with this culvert is only about 1
acre in area. All non -impervious area within this small watershed have been
stabilized with grass cover. The affected property owners have requested that we
bring this to your and Noelle's attention in order to see if a variance could be
granted for this situation to allow the existing conditions to remain because of
the minimal impact on receiving surface waters. The only two other alternatives
that the Sunset Beach engineer and I were able to develop are; 1) to reroute the
water through Lot 67 (at the end of the cul-de-sac) which would require a swale
with depth of approx. 5-feet. This may not be feasible because we understand
that the current property owner intends to build a house on Lot 67 and the swale
width would probably interfere with his construction plans. As you know, Sea
Trail Corporation does not have the right of eminent domain. They would have to
be able to negotiate an easement which may or may not be possible. 2) The other
alterative that has been considered is the possibility of locating a stormwater
pond in the small triangular area still owned by Sea Trail that is located
adjacent to Lot 68 (if this area is of sufficient size). The outlet of such a
stormwater pond would be through the existing nonconforming pipe.
I am sure that you are as anxious as we are to bring all corrective actions
associated with this project to completion as soon as possible. We would
appreciate your comments and/or suggestions on this nonconforming culvert
problem.
Thank you for your time and consideration.
Alan
Part 1.2 Content -Type: Message/Delivery-Status
Sea Trail NOV.emlll Content -Type: Message/RFC822
2 of 2 4n12004 4:33 PM

Re: Sea Trail NOV
7 '
Subject: Re: Sea Trail NOV
From: Linda Lewis <[e-mail]>
Date: Wed, 31 Mar 2004 08:54:38 -0500
To: "Alan C. Lewis" <[e-mail]>
Alan:
I'll have to do a little more thinking on this one, but, I don't understand how
legal action can be brought by homeowners regarding work within the right-of-way of
a road dedicated to the Town. Those homeowners don't own the road, the Town does,
so those owners have no standing to bring legal action to halt drainage work being
done to make the project compliant with the stormwater permit. Unless, of course,
as taxpayers in the Town of Sunset Beach, they are legally considered as "owners".
It might be possible to provide a near -flat grade infiltration pipe/trench with a
partially blocked exit to slow down the runoff and promote infiltration. As long as
this option is used sparingly and judiciously as a last resort, and only with the
Division's full knowledge and approval, we will consider it.
Linda
Alan C. Lewis wrote:
Linda,
The Contractor started work on the Forest Creek Road nonconforming culvert
problem last week. This is the nonconforming culvert pipe that goes under Forest
Creek Road and then goes between Lots 64 and 65 and then discharges into the
non-stormwater pond that is located adjacent to Jones Fairway #6. During her
site inspection in April of 103, Noelle Lutheran said that this nonconforming
pipe problem would have to be corrected in compliance with low density
standards. We included a proposal that would correct the problem in our October
1, 2003 submittal package to you. Please recall that we commissioned a
topographic survey of this area and determined that the nonconforming pipe could
be plugged and/or eliminated and reroute the stormwater within the roadside Swale
toward Rice Mill Circle instead of between Lots 64 and 65. This was verbally
discussed and acknowledged as acceptable during our 10/l/03 submittal meeting in
your office.
The Contractor started his work by cutting the concrete driveway and lowering the
driveway culvert in front of Lot 68. He was proceeding to lower the roadside
swale in order to direct the stormwater toward Rice Mill Circle when the owner of
Lot 68 demanded that he cease work. In order to redirect the flow, the driveway
culvert serving Lot 68 had to be lowered by about a foot. When the property
owner saw how much this affected the roadside swale in front of his property, he
became quite upset. Similarly, we told the owner of Lot 70 that we would have to
lower his driveway culvert and roadside swale by about 2 feet. He too became
very upset.
We attended a meeting with all of the affected property owners, Town Officials
and Ms. Dana Connelly yesterday at Sea Trail. The property owners are
threatening legal action against Sea Trail if their culverts and roadside swale
are not left in their original condition. If legal action is initiated, this
could delay the implementation of the necessary corrective procedures. In
addition, the Town of Sunset Beach is involved in this particular matter because
Forest Creek Road has been dedicated to the Town by Sea Trail Corporation.
On Friday and Saturday of last week, an Engineer representing the Town of Sunset
Beach and I met to investigate possible alternative corrective actions. We were
able to determine that the watershed associated with this culvert is only about 1
acre in area. All non -impervious area within this small watershed have been
stabilized with grass cover. The affected property owners have requested that we
bring this to your and Noelle's attention in order to see if a variance could be
granted for this situation to allow the existing conditions to remain because of
the minimal impact on receiving surface waters. The only two other alternatives
that the Sunset Beach engineer and I were able to develop are; 1) to reroute the
1 of 2 4/14/2004 4:33 PSI

Re: Sea Trail NOV
t
water through Lot 67 (at the end of the cul-de-sac) which would require a swale
with depth of approx. 5-feet. This may not be feasible because we understand
that the current property owner intends to build a house on Lot 67 and the swale
width would probably interfere with his construction plans. As you know, Sea
Trail Corporation does not have the right of eminent domain. They would have to
be able to negotiate an easement which may or may not be possible. 2) The other
alterative that has been considered is the possibility of locating a stormwater
pond in the small triangular area still owned by Sea Trail that is located
adjacent to Lot 68 (if this area is of sufficient size). The outlet of such a
stormwater pond would be through the existing nonconforming pipe.
I am sure that you are as anxious as we are to bring all corrective actions
associated with this project to completion as soon as possible. We would
appreciate your comments and/or suggestions on this nonconforming culvert
problem.
Thank you for your time and consideration.
Alan
2 of 2 4/14/2004 4:33 PM

SUMMARY OF BUILT -UPON AREA
ROADWAY GROUPS
CLUBHOUSE ROAD
7.13 AC.
CROOKED GULLEY CIRCLE
6.49 AC.
RICE MILL CIRCLE
4.22 AC.
CANE BREAK ROAD
0.97 AC.
EASTWOOD PARK ROAD
2.17 AC.
KINGSMILL CT. AND SUMMER GREEN CT.
0.79 AC.
21.77 AC.
EXISTING FACILITIES
JONESBYRD CLUBHOUSE
CONVENTION CENTER AND
EXHIBITION CENTER
7.17 AC.
MAINTENANCE FACILITY
2.20 AC.
JONESBYRD P.O.A. CLUBHOUSE.
125 AC.
" CARTPATHS
9.18 AC.
HALFWAY HOUSES
0.05 AC:
..19.85 AC.

MAINTENANCE FACILITY
JONES;B1
YRD P.O.A. CLUBHOUSE .2AC.
CARTPATHS .25 AC.
-HALFWAY HOUSES 9.18 AC.
SAC.
19.85 AC.
EXISTING SINGLE-FAMILY DEVELOPMENT PROJECTS
RICE MILL PHASE 1 (LOTS 1 - 41)
LOTS
1 -4. 6 - 32, AND 34 - 41
@ 6,500 SF/LOT
CROOKED GULLEY CIRCLE (LOTS 131 -181)
LOT 5 @ 7,422 SF
253,500 SF
LOTS 131 -154, 156,158 - 162, AND
LOT 33 @ 8,908 SF
7,422 SF
165 - 180 @ G.500 SF/LOT
LOT 155 @ 7,612 SF
299,000 SF
ROADS
8,908 SF
48,352 SF
LOT 157 @ 8.400 SF
7,612 SF
318,182 SF
LOT 163 @ 8,971 SF
8,400 SF
RICE MILL PHASE 2 (LOTS 42
LOT 164 @ 6,540 SF
8,971 SF
- 58)
LOTS 43 - 47, LOTS 50 - 53 AND LOTS
LOT 181 @ 8,367 SF
6,540 SF
56.58
@ 6500 SFILOT,
8.367 SF
338,890 SF
LOT 42 @ 7,064 SF
LOT 46 @ 7,014 SF
71,5D0 SF
7,041 SF
JONES BYRD COURT`(LOTS 182 - 191)
LOT 49 @ 6,644 SF
LOT 54 @ 6,641 SF
7,014 SF
7,014 SF
LOTS 182 -184 AND 186 - 191 @ 6,500 SF/LOT:
LOT 185 @ 6,759 SF
58,500 SF
LOT 55 @ 6,506 SF'
6,641 SF.
ROADS`
6,759 SF
.
LOT 58 @ 9,411 SF
6,596 SF.
9148 SF
,
74,407 SF
•
SF ;
115,267 5F :
267
DISCOVERY LAKE. (LOTS 1 -26)
RICE MILL PHASE 3 (LOTS 1 - 5)
..:
LOTS 1'- 5, LOTS 7 -16, LOT 18 AND LOTS 20 - 26
LOTS 2 - 5 @ 6.500 SFILOT
@ 6,500 5F/LOT
LOT 5 0 7,02D SF
149,5D0 SF
LOT 1 @.10,860 5F
'
26,000 SF :
1086D SF.
.
LOT 17 @ 6,654 SF -
T020 SF.
36,860 SF
LOT 19 @ 6,s8o SF
6,654 SF
RICE MILL PHASE 4 (LOTS 59 - 73).
ROADS
6,600 SF
26,750 SF
(FORMERLY FOREST CREEK).
`-
198,584 5F
LOTS 59 62, LOTS 64 - AND LOTS 69 - 7,3
@ 6,500 SF/LOT
PLANTERS RIDGE PHASE 1 (LOTS 1 - 55)
(LOTS
LOT 63 @ 6,757 SF
84,500 SF
LOTS 1 - 367
,5 = 810 - 24,2-
,
AND 37 - 44 @ 5,700 SF/LOT
LOT 68 @ 6,599 SF
ROADS
6.757 SF
6,599 SF
LOT 4 @ 5,741 SF.
228,000 SF: `
.
17.424 SF
LOT 9 @ 5,781 5F
5,7415E
-
.
115,280 SF :
LOT 25 @ 5,871 5F
. 5,791. SF
RICE MILL PHASE 4 (LOTS 74`- 78)
(FORMERLY COTTON MILL COURT)
LOT 36 @ 5,977 SF
LOTS 45 - 55 @ 6,500 SF/LOT .
5,871 SF -
5,977 SF
LOTS 74 - 75 AND LOTS 77 - 78 @ 6,500 SF/LOT
ROADS:
71 50U 5F
76 666 SF
LOT M @ 6,700 SF
26,000 SF
399,546 5F
ROADS
6,700 SF.
4 792 5F
PLANTERS RIDGE PHASE 2 (LOTS 56 -115)
-
37,492 SF
LOTS 56 - 74, 89 -114 @ 6,500 5F1LOT
WOODSTORK VILLAGE (LOTS.1
LOT 115 @ 6,555 SF
292,50D SF
.23)
LOTS 2 & 3, AND LOTS 5 - 23
LOTS 75 -.79 AND 81 - 88 @ 5,700 SF/LOT
LOT 80 @; 5,977 SF
6.555 SF
74,100 SF
@ 6.0D0 SF/LOT
LOT 1 @ 6.183 SF
126,006 SF
ROADS
5.977 SF'
LOT 4 @ 6.146 SF
i
6,183 SF
77,101 5�
456,233 SF
6146 5F
138,829 SF
BROOKWOOD PARK PHASE 1 {LOTS 1- )
26
BARONEY PLACE (LOTS 1 -39)
LOTS 1 26 @ 6,000 SF/LOT
15.6,000
LOTS 1 -16. 18 -33, AND 35 - 39.
6.500
EASTWOOD PARK PHASE 1 (LOTS
SF- -
@. SF/LOT
LOT 17 @ 6,03D SF
240,500 SF
1 32)
LOTS 1 - 14; 16 - 20, 22 - 24, AND 26 - 32
LOT 34 @ 6.551 SF
6,030 5F
@ 6,500 SF/LOT '
LOT 15 @ 7,000 SF_ '
188,500 SF.
ROADS.
. 6,551 SF
37,897 SF
LOT 21. @ 6,572 SF
7,DOO SF
290,978 SF
LOT 25 @ 8,531 SF
6,572 SF . .
8,531 SF
210,603 SF
EASTWOOD PARK PHASE 2 (LOTS 33-44,d,46-49)
...
LOTS 33 - 43. AND 47 - 49
@ 6.500 SFA.OT
LOT 44 @ 9,760 SF :
:` 91,000 SF
LOT 46 @ 9,886 5F
9,750 SF .
8.886 SF
110.636 SF
CROOKED GULLEY ADDITION (LOTS 192 -197)
.
LOTS 192 -197 @ 6,560 SFILOT
.
.39.000 SF -

EXISTING MULTI -FAMILY DEVELOPMENT PROJECTS
OSPREY WATCH TOWNHOMES
1.85 AC.
OSPREY CREEK CONDOMINIUM
2.65 AC.
THE CHAMPIONS CONDOMINIUM
(FORMERLY JONES BYRD CONDOS)
8.32 AC.
SAWMILL TOWNHOMES PHASE 1
1.54 AC.
SAWMILL TOWNHOMES PHASE 2
1.83 AC.
SUGAR MILL CONDOMINIUM
1.65 AC.
17.84 AC.
PROPOSED FUTURE DEVELOPMENT PROJECTS
FUTURE
DEVELOPMENT PROPOSED TRACT
PROPOSED
PROPOSED
TRACT LAND USE AREA (AC.)
BUA AC.
BUA SF
TRACT 1 MF 17.24
7.76
33B4O00
TRACT 2 MF 5.11
2.07.
90,000
EASTWOOD MULTI -FAMILY MF 12.19 w
5.29 :.
230,432
TRACT 4 MF 16.96
5.00 -
217,800
TRACT 5 MF ..7.62
3.05
132.800
TRACT 6 MF 56.36
28.25..
1,230,744
TRACT 7A .. MF 7.16 :
2.86 •:
124.750
: TRACT 7B . MF 12.39
' 4.34,
88,900
VILLAS ON OSPREY RIDGE MF 5.14 ':
2.03. .'.
` .88,440
TRACT 9 MF 16.31 '.
4.56.
198.814.
TRACT 15 - MF . 26.39.
4.80 ..
209,688
TRACT 16 MF 24.58
8:67.:
377,533.
TRACT 17 MF 2.87
1.51
651775
TOTAL = 80.19 AC. OR 3,493,076 SF.
MF- MULTI -FAMILY
TOTAL PROJECT. AREA (Excluding Frink out parcel & cemetery)
.829.43 AC
MAXIMUM ALLOWABLE PROJECT BUILT -UPON AREA @ 30 %
248.83 AC.
MAXIMUM ALLOWABLE PROJECT BUILT -UPON AREA @ 25 %
207.86 AC.
TOTAL PROPOSED PROJECT BUILT -UPON AREA
ROADWAY GROUPS 21.77 AC:
EXISTING FACILITIES 19.85 AC.
EXISTING SINGLE-FAMILY DEVELOPMENT PROJECTS 67.71 AC.
EXISTING MOLT -FAMILY DEVELOPMENT PROJECTS 17.84 AC.
PROPOSED FUTURE DEVELOPMENT PROJECTS 80.19 AC.
% PROPOSED BUILT -UPON AREA.
TOTAL. 207.36 AC.
SCALE: 1" = 400'
0 400 .800 1200
25.0%
RECEIVED
MAR 19 2004
DWQ
PROD # q¢GZZ(p