SW8080947_HISTORICAL FILE_20090116

STORMWATER DIVISION CODING SHEET
POST -CONSTRUCTION PERMITS
PERMIT NO
SW8 OQ Uq�{7
DOC TYPE
❑ CURRENT PERMIT
❑ APPROVED PLANS
Np HISTORICAL FILE
❑ COMPLIANCE EVALUATION INSPECTION
DOC DATE
2000l of ►�o
YYYYMMDD

I
January 16, 2009
Thomas Singleton, Manager
HVMP, LLC
1001 College Court
New Bern, NC 28562
Subject Stormwater Permit No
Bogue Sound Church
High Density Project
Carteret County
Dear Mr Singleton
Beverly Faves Perdue Governor
Dee Freeman Secretary
North Carolina Department of Environment and Natural Resources
SW8 080947 Revised
Coleen H Sullins Director
Division of Water Quahty
The Wilmington Regional Office accepted as complete a Stormwater Management Permit
Application for Bogue Sound Church on September 30, 2008, with additional information
received on October 15, 2008 Per established policy, all stormwater applications that were
submitted to and accepted as complete by the Division prior to October 1, 2008, were reviewed
and permitted under the rules in effect prior to October 1, 2008 Staff review of the plans and
specifications has determined that the project, as proposed, will comply with the Stormwater
Regulations set forth in Title 15A NCAC 2H 1000 We are forwarding Permit No SW8 080947
dated January 16, 2009, for the construction of the subject project
This permit shall be effective from the date of issuance until October 16, 2018, and shall be
subject to the conditions and limitations as specified therein Please pay special attention to the
Operation and Maintenance requirements in this permit Failure to establish an adequate
system for operation and maintenance of the stormwater management system will result in
future compliance problems
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 (30) 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
Chris Baker, or me at [phone]
Sincerely,
C�V--
Georgette Scott
Stormwater Supervisor
Division of Water Quality
GDS/csb S \WQS\STORMWATER\PERMIT\080947 jan09
cc Brandon Finch, P E , The John R McAdams Company
Jane Oliver Asst Attorney General DOJ
Carteret County Building Inspections
Chris Baker
Wilmington Regionalegional O lcefficeff Central Files
Mailing Address Phone [phone] Internet www ncwaterauah[v ore NorthCarolma
127 Cardinal Drive Extension Fax [phone] Customer Service 1 877-623-6748 aturally
Wilmington, NC 28405
An EOual 0wortumNlAffrmahve Action Emolover-50°/ Remcled110% Post Consumer Pacer

State Stormwater Management Systems
Permit No SW8 080947
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
STATE STORMWATER MANAGEMENT PERMIT
HIGH DENSITY DEVELOPMENT
In accordance with the provisions of Article 21 of Chapter 143, General Statutes of
North Carolina as amended, and other applicable Laws, Rules, and Regulations
PERMISSION IS HEREBY GRANTED TO
HVMP, LLC
Bogue Sound Church
NC 24 at Whaley Lane, Morehead Township, Carteret County
FOR THE
construction, operation and maintenance of three (3) infiltration basins 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
This permit shall be effective from the date of issuance until October 16, 2018, and
shall be subject to the following specified conditions and limitations
I DESIGN STANDARDS
1 This permit is effective only with respect to the nature and volume of stormwater
described in the application and other supporting data
2 This stormwater system has been approved for the management of stormwater
runoff as described in Section 16 on page 3 of this permit The stormwater
controls SWMF #1, SWMF #2 and SWMF #3 have been designed to handle the
runoff from 11,013, 23,057 and 87,616 square feet of impervious area,
respectively
3 The tract will be limited to the amount of built -upon area indicated on page 3 of
this permit, and per approved plans
4 All stormwater collection and treatment systems must be located in either
dedicated common areas or recorded easements The final plats for the project
will be recorded showing all such required easements, in accordance with the
approved plans
5 The runoff from all built -upon area within the permitted drainage areas of this
project must be directed into the appropriate permitted stormwater control
system, as shown on the approved plans
Page 2 of 7

State Stormwater Management Systems
Permit No SW8 080947
The following design criteria have been provided in the infiltration basins and
must be maintained at design condition
SWMF #1
SWMF #2
SWMF #3
Drainage Area, acres
Onsite, ft2
043
18,854
080
34,722
252
109,856
Offsite, ft2
0
0
0
Total Impervious
Surfaces, ft2
11,013 J
23,057
87,616
--------------- ----
Design Storm, inches
----- --
1 5
- -- -
1 5
-
1 5
Basin Depth, feet
047
058
1 62
Bottom Elevation, FMSL
Bottom Surface Area, ft2
_
_ 28 _ _ _
2 776
28
4,528
18
3,044 _
Bypass Weir Elevation,
FMSL
2847
2858
1962
Permitted Storage
volume, ft3
- -- -- ---- - - --- -- ---
1,473
2,901
11,947
Wando W_ ando
Wando
Type of Soil
Expected Infiltration
Rate, in/hr
052 052
052
2526 2374
1598
Seasonal High Water
Table FMSL
Time to Draw Down,
hours
12 144
792
Receiving Stream/River
Basin
Jumping Run/White Oak
Bogue Sound/
White Oak
Stream Index Number
20 — 36 - 9
20 — 36 — (8 5)_
Classification of Water
Body
SA,HQW
SA,HQW
II SCHEDULE OF COMPLIANCE
The stormwater management system shall be constructed in its entirety,
vegetated and operational for its intended use prior to the construction of any
built -upon surface
During construction, erosion shall be kept to a minimum and any eroded areas of
the system will be repaired immediately
The permittee shall at all times provide the operation and maintenance
necessary to assure the permitted stormwater system functions at optimum
efficiency The approved Operation and Maintenance Plan must be followed in
its entirety and maintenance must occur at the scheduled intervals including, but
not limited to
a Semiannual scheduled inspections (every 6 months)
b Sediment removal
c Mowin.9 and revegetation of slopes and the vegetated filter
d Immediate repair of eroded areas
e Maintenance of all slopes in accordance with approved plans and
specifications
f Debris removal and unclogging of bypass structure, infiltration media, flow
spreader, catch basins, piping and vegetated filter
g A clear access path to the bypass structure must be available at all times
Page 3 of 7

State Stormwater Management Systems
Permit No SW8 080947
4 Records of maintenance activities must be kept and made available upon
request to authorized personnel of DWQ The records will indicate the date,
activity, name of person performing the work and what actions were taken
5 The facilities shall be constructed as shown on the approved plans This permit
shall become voidable unless the facilities are constructed in accordance with
the conditions of this permit, the approved plans and specifications, and other
supporting data
6 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 A
modification may be required for those deviations
7 If the stormwater system was used as an Erosion Control device, it must be
restored to design condition prior to operation as a stormwater treatment device,
and prior to occupancy of the facility
8 Access to the stormwater facilities shall be maintained via appropriate
easements at all times
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 any item shown on the approved plans, including the
stormwater management measures, built -upon area, details, etc
b Protect 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, lease or sale of all or part of the project
area The protect area is defined as all property owned by the permittee,
for which Sedimentation and Erosion Control Plan approval or a CAMA
Major permit was sought
f Filling in, altering, or piping of any vegetative conveyance shown on the
approved plan
10 The permittee shall submit final site layout and grading plans for any permitted
future areas shown on the approved plans, prior to construction
11 A copy of the approved plans and specifications shall be maintained on file by
the Permittee for a minimum of ten years from the date of the completion of
construction
12 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
Page 4 of 7

State Stormwater Management Systems
Permit No SW8 080947
III GENERAL CONDITIONS
This permit is not transferable to any person or entity except after notice to and
approval by the Director of the Division of Water Quality In the event of a
change of ownership, or a name change, the permittee must submit a completed
Name/Ownership Change form to the Division, signed by the parties involved,
and accompanied by the appropriate documentation as listed on page 2 of the
form The approval of this request will be considered on its merits and may or
may not be approved
2 The permittee is responsible for compliance with all permit conditions until such
time as the Division approves the transfer request The sale or transfer of
project area to a third party does not constitute approval of the permit transfer
3 Failure to abide by the conditions and limitations contained in this permit may
subject the Permittee to enforcement action by the Division of Water Quality, in
accordance with North Carolina General Statute 143-215 6A to 143-215 6C
4 The issuance of this permit does not preclude the Permittee from complying with
any and all statutes, rules, regulations, or ordinances, which may be imposed by
other government agencies (local, state, and federal) having jurisdiction
5 In the event that the facilities fail to perform satisfactorily, including the creation
of nuisance conditions, the Permittee shall take immediate corrective action,
including those as may be required by this Division, such as the construction of
additional or replacement stormwater management systems
6 The permittee grants DENR Staff permission to enter the property during normal
business hours for the purpose of inspecting all components of the permitted
stormwater management facility
7 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
8 Unless specified elsewhere, permanent seeding requirements for the stormwater
control must follow the guidelines established in the North Carolina Erosion and
Sediment Control Planning and Design Manual
9 Approved plans and specifications for this project are incorporated by reference
and are enforceable parts of the permit
10 The permittee shall notify the Division in writing of any name, ownership or
mailing address changes at least 30 days prior to making such changes
11 The permittee shall submit a permit renewal application at least 180 days prior to
the expiration date of this permit The application shall include the required
documentation and the processing fee
Permit reissued this the 16th day of January 2009
NORTH CAROLINAaENVIRONMENTAL MANAGEMENT COMMISSION
for o een Sullins, birec or ��0
Division of Water Quality
By Authority of the Environmental Management Commission
Page 5 of 7

RE Bogue Sound Church Revised Permit
Subject RE Bogue Sound Church Revised Permit
From "Oliver, Jane" <JOLIVER@ncdoj gov>
Date Fri, 16 Jan 2009 14 25 30 -0500
To "Linda Lewis" <lmda Lewis@ncmail net>
CC "Georgette Scott" <Georgette Scott@ncmail net>
Linda, it looks fine to me
Thank you' Jane
-----Original Message-----
FromLinda Lewis [mailto linda lewis@ncmail net]
Sent Friday, January 16, 2009 1 13 PM
To Oliver, Jane
Cc Georgette Scott
Sub]ect Bogue Sound Church Revised Permit
Jane
Please read over and make any comments (using track changes) before I
send this to Georgette for signature I corrected a few errors and added
a condition regarding the submittal of a renewal application, which
should have been on the permit to start with
thanks,
Linda
I of 1 1/16/2009 5 21 PM

a OW
WARDANDSMITH,PA KATRINA T SHEPPARD
1001 College Coua (28562)
P 252 672 5519
Post Office Box 867 F 252 672 5477
New Bern NC 28563 0867 kts@wardandsmuh corn
November 14„2ogs,CEIVED
VIA E-MAIL Nov 19 2008
ORIGINAL VIA US MAIL
BY:
Administrative Hearings Clerk
Office of Administrative Hearings
Mail Service Center Raleigh,
COPY
Raleigh, NC 27699-6714
RE HUMP LLC and Thomas Singleton
v NC Department of Environment and Natural
Resources Division of Water Quality
Our File 810933-00076
Dear Sir or Madam
Enclosed are an original and two copies of a Petition for Contested Case Hearing Please file the original,
stamp the copies with the appropriate filing information and return one of the copies to us in the enclosed
postage -prepaid envelope provided for your convenience
Thank you for your assistance with this matter
Yours very truly,
Katrina T Sheppard
Paralegal
KTS kts
NBMAIN\801161\1
Enclosures
cc Mr Thomas M Singleton
Mary Penny Thompson, Esq
Ms Coleen H Sullins
Amy P Wang, Esq
Gary J Rickner, Esq
Clint D Routson, Esq
ASHFVIIIE GREFNVIIIE NEW BFRN
www wardandsmuh corn
p ECEE WE
D
NOV 1 7
DIVISION OF MTER QUALITY
DIRECTOR S OFFICE
RAIEIGH WILMINGTON

PLEASE PRINT CLEARLY OR TYPE
STATE OF NORTH CAROLINA
COUN FY OF CARTERET
HVMP LLC and THOMAS SINGLETON
PE FITIONLRS
NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND
NA FURAL RESOURCES DIVISION OF WATER QUALITY
RESPONDENT
1�
IN rHE OFFICE OF
ADMINISTRATIVE HEARINGS
PETITION
FOR A
CONTESTED CASE HEARING
I hereby ask for a contested case hearing as provided for by North Carolina General Statute 0 150B-23 because the Respondent has
erroneously issued Stormwater Permit No SW8080947 in the name of Petitioner Thomas Singleton and erroneously recorded the Stormwater
Management Permit Application Form as having been received from Petitioner HVMP LLC at a date later than September 30 2008 both of which
are contrary to the Application submitted for the subject Stormwater Permit
Please see attached statement with exhibits for more detail and information
(4) Because of these facts the State agency or board has (check at least one from each column)
deprived me of property _X_exceeded its authority orjunsdiction
_ordered me to pay a fine or civil penalty, or _X acted erroneously
_X_otherwise substantially prejudiced my rights AND faded to use proper procedure
_X_acted arbitrarily or capriciously or
_faded to act as required by law or rule
(5) Date November 2008 6) Your phone number ( 252 ) 672-5500
(7) Print your full address 1001 College Court/P O Box 867 New Bern, NC 28563
(8) Print }our name
(9) Your signature
You must mad or deliver a COPY of this PEtKion to the State agency or board named on line (3) of this form You should contact the agency or
board to determine the name of the person to be served
CERTIFICATE OF SERVICE
I certify that this Petition has been served on the State agency or board named below by depositing a copy of it with the United States Postal Service
with sufficient postage affixed OR by delivering it to the named agency or board
(10) Mary Penny Thompson, Esq (l l) Ms Coleen H Sullins
Department of Environment and Natural Resources Department of Environment and Natural Resources,
1601 Mad Service Center, Raleigh, NC 27699 Division of Water Quality
1617 Mad Service Center
(13) This the / 7 day ofNove er 2008
(14) T
(your signature)
Raleigh, NC 27699
When you have completed this form you MUST mail or deliver the ORIGINAL AND ONE COPY to the Office of Administrative Hearings 6714
Mad Service Center, Raleigh NC 27699 6714
H 06 (8/08)

STATE OF NORTH CAROLINA
COUNTY OF CARTERET
HVMP, LLC, and THOMAS )
SINGLETON, )
Petitioners 1
v
NORTH CAROLINA DEPARTMENT )
OF ENVIRONMENT AND NATURAL )
RESOURCES, DIVISION OF WATER )
QUALITY, )
Respondent
IN THE OFFICE OF
ADMINISTRATIVE HEARINGS
FILE NO
ATTACHMENT TO
PETITION FOR
CONTESTED CASE HEARING
Petitioners HVMP, LLC ("HVMP") and Thomas Singleton ("Singleton") contest
the decision by Respondent North Carolina Department of Environrpent-and Natural Resources,
Division of Water Quality ("DWQ") to issue Stormwater Perrry�t NNo SW8 080947 e
"Storinwater Permit") in its current format based on the following facts and reasons
SUMMARY OF FACTS
1 HVMP is a limited liability company organized under the laws of the State
of North Carolina, with its principal place of business in Carteret County, North Carolina
Singleton is a citizen and resident of Carteret County, North Carolina, and is a member and a
manager of HVMP
2 HVMP owns property located in Carteret County at the intersection of
N C Highway 24 and Whaley Lane in Morehead Township HVMP intends to develop the
Bogue Sound Church and related improvements (the "Project") on the property
3 Due to the size and density of the Project, HVMP is required to obtain a
stormwater permit from DWQ prior to construction N C Gen Stat § 143-214 7, 15A NCAC
2H 1003

In August 2008, during the development of the design and plans for the
Project, the North Carolina General Assembly adopted Senate Bill 1967, "An Act To Provide
For Improvements In The Management Of Stormwater In The Coastal Counties In Order 10
Protect Water Quality," as Session Law 2008-211 (the "Act") The Act imposes stricter
stormwater management standards on development in the 20 coastal counties than do DWQ's
Stormwater Requirements Coastal Counties, 15A NCAC 2H 1005 (the "1995 Coastal
Stormwater Rules") However, under the Act, the 1995 Coastal Stormwater Rules would govern
the Project if it met one of the exclusions listed in the Act
One of the exclusions from the Act's stricter stormwater management
requirements is for projects that submitted complete applications for stormwater permits to DWQ
prior to October 1, 2008 (the "Complete Application Exemption") Under the Complete
Application Exemption, the Project would be regulated by the 1995 Coastal Stormwater Rules
S L 2008-211, Section 2 (d)
6 Agents for HVMP prepared a Stormwater Management Permit
Application (DWQ Form SWU-101, Version 03 27 08) and related supplements for the Project
(the "Application") on behalf of HVMP The Application specifically lists "HVMP, LLC" as the
applicant's name under line item I 1 , and lists "Mr Thomas Singleton, Manager" as the signing
official's name and title under line item 12 Pursuant to the Application Form instructions,
Singleton's name was inserted in Section VIII on Page 4 of the Application, however, he was
acting in his representative capacity for HVMP, and the Application was signed per the Form's
instructions Further, on Page 3 of each Infiltration Basin Operation and Maintenance
Agreement (Form SW401-Infiltration Basin O&M -Rev 3) supplement to the Application,
Singleton signed in his representative capacity as "Thomas Singleton, Manager " A copy of the
Application (without the plans) submitted to DWQ is attached hereto as Exhibit A
The stormwater management system for the Project was designed under
the 1995 Coastal Stormwater Rules, and, HVMP intended and desired for the Project to qualify
for the Complete Application Exemption from the new regulations imposed under the Act

Agents for HVMP communicated frequently with representatives of DWQ
in the Wilmington Regional Office in order to ensure the Project would be regulated by the 1995
Coastal Storrnvater Rules and meet the Complete Application Exemption
On September 25, 2008, agents for HVMP received an e-mail
communication from Janet Russell, Environmental Specialist for DWQ's Wilmington Office
Express Permitting Section ("Russell"), indicating that "[t]he Express Program is in receipt of
your Express Request to review the Bogue Sound Church project for a stormwater permit " The
communication further stated that, "[b]y submitting your Express Request prior to October 1 st,
you are vested under the old stormwater rules as long as your application package is significantly
complete when it does come in on the scheduled meeting date in Express (this is per Linda
Lewis) " A copy of this e-mail communication is attached hereto as Exhibit B
10 On September 26, 2008, Russell offered a date for the Express Review
that was subsequent to October 1, 2008, therefore, HVMP became concerned about the Project
qualifying for the Complete Application Exemption A copy of this e-mail communication is
attached hereto as Exhibit C
1 1 In order to insure a complete application was received by DWQ prior to
October 1, 2008, agents for HVMP submitted the complete Application for the Project on
September 30, 2008, to DWQ under the standard review program A copy of the transmittal
letter that accompanied the Application stamped "Received" by DWQ on September 30, 2008, is
attached hereto as Exhibit D
12 Also on September 30, 2008, agents for HVMP responded to Russell's
September 26, 2008 e-mail (Exhibit C) and accepted the review date offered by Russell for the
Project under the Express Review Program A copy of this e-mail communication is attached
heieto as Exhibit E
13 Agents for HVMP continued to communicate with representatives of
DWQ to ensure the 1995 Coastal Stormwater Rules would be applied to the Project As part of
these communications, on October 7, 2008, Linda Lewis, Environmental Specialist for the
DWQ's Wilmington Office Express Permitting Section ("Lewis"), confirmed to agents for
HVMP that "[a]ny project that submitted an express request to Janet [Russell] prior to October 1,

2008, or that holds a valid vested right, is to be reviewed under the old rules, even if the
application is submitted after October 1, 2008, or the actual review takes place after October 1 "
A copy of this e-mail communication is attached hereto as Exhibit F
14 Later on October 7, 2008, 1 ewis sent two other e-mail communications to
agents for HVMP confirming that the Project would be reviewed under the 1995 Coastal
Stormwater Rules and that the agents' request for express review of the Application was received
on September 30, 2008 Copies of these e-mail communications are attached hereto as
Exhibits G and H respectively However, previously, on October 2, 2008, Lewis had indicated
that HVMP could not have an application for the Project under both the Standard Review
Program and the Express Review Program at the same time (see October 2, 2008 e-mail
correspondence at the end of Exhibit G), and she reiterated DWQ's position on October 7, 2008
in a follow-up e-mail (Exhibit H)
15 On October 8, 2008, agents for HVMP responded to Lewis'
correspondence by return e-mail, stating that "[s]ce the Express Review will be based on the
1995 rules per your email below and your prior correspondence to us, we will go ahead and
move forward in the Express program as You have described We will bring our check for
$4000, and use the plans and application that are already submitted " A copy of this e-mail
communication is attached hereto as Exhibit I
16 On October 14, 2008, agents for HVMP participated in the Express
Review meeting with DWQ to discuss the Application DWQ assured agents for HVMP that the
Project was grandfathered from the new requirements of the Act since the Application was
submitted prior to October 1
17 On October 16, 2008, DWQ issued the Stormwater Permit jointly in the
names of HVMP as a limited liability company, and Singleton individually A copy of the
Stormwater Permit is attached hereto as Exhibit J Neither HVMP nor Singleton requested the
Permit to be issued in Singleton's name The Application specifically provides that the applicant
is "HVMP LLC"
18 The transmittal letter from DWQ dated October 16, 2008, accompanying
the Stormwater Permit (the "Transmittal Letter") incorrectly and eironeously states that the
0

Application was received on October 15, 2008, instead of September 30, 2008 A copy of the
Transmittal Letter from DWQ is attached hereto as Exhibit K
PETITIONERS' ASSERTIONS
19 By naming Singleton individually as a co-permittee on the Stormwater
Permit, DWQ has substantially prejudiced Singleton's rights by imposing individual and personal
liability on Singleton outside of his capacity as a manager or a member of HVMP for the
requirements and obligations of the Stormwater Permit, and in doing so DWQ exceeded its
authority and jurisdiction, acted erroneously, and acted arbitrarily and capriciously Further, by
adding Singleton to the Permit, DWQ prejudiced the rights of HVMP, and in doing so DWQ
exceeded its authority and jurisdiction, acted erroneously, and acted arbitrarily and capriciously
20 By incorrectly and erroneously stating in the Transmittal Letter that the
Application was received after September 30, 2008, DWQ has substantially prejudiced HVMP's
rights by providing third parties grounds to challenge the Stormwater Permit as not eligible for
exclusion from the new stormwater management requirements imposed by the Act If the
Stormwater Permit were to be challenged successfully, then the Project will not be eligible for
regulation under the 1995 Coastal Stormwater Rules and HVMP will be forced to redesign its
stormwater management plan In making such an error DWQ has exceeded its authority and
jurisdiction, acted erroneously, and acted arbitrarily and capriciously
CONCLUSION
I herefore, Petitioners hereby request that (1) the Stormwater Permit be amended
by removing Thomas Singleton as a co-permittee, and (2) the Transmittal Letter be amended to
reflect DWQ's receipt of the complete Application on September 30, 2008

This the 14th day of November 2008
Amy P Wan
N C State Bar I D No 02 22
E-mail apw@wardandsmith com
Gary J Rickner
N C State Bar I D No 025129
E-mail glr@wardandsmith com
For the firm of
Ward and Smith, P A
Post Office Box 867
New Bern, NC 28563-0867
Telephone [phone]
Facsimile [phone]
Attorneys for HVMP, LLC and Thomas Singleton

CERTIFICATE OF SERVICE
I hereby certify that I have this day served a copy of the foregoing ATTACHMENT TO
PETITION FOR CONTESTED CASE HEARING by depositing a copy thereof in an envelope
bearing sufficient postage in the United States mail addressed to the following persons at the
following addresses which are the last addresses known to me
Mary Penny Thompson, Esq
Department of Environment and Natural Resources
1601 Mail Service Center
Raleigh, NC 27699-9001
Ms Coleen H Sullins
Department of Environment and Natural Resources,
Division of Water Quality
1617 Mail Service Center
Raleigh, NC 27699-1617
This the 14th day of November, 2008
Amy P Wan
N C State Ba D No 023
E-mail apw@wardandsmith corn
Gary J Rickner
N C State Bar I D No 025129
E-mail glr@wardandsmith com
For the firm of
Ward and Smith, P A
Post Office Box 867
New Bern, NC 28563-0867
Telephone [phone]
Facsimile [phone]
Attorneys for HVMP, LLC and Thomas Singleton

:: THE JOHN R MCADAMS COMPANY, INC.
LETTER OF TRANSMITTAL
To Ms Janet Russell Date September 30 2008
Division of Water Quality
127 Cardinal Drive Extension
Wilmington NC 28405 " HAND DELIVER •'
[phone]
Re Bogue Sound Church Job No TMS-08000
I am sending you the following item(s)
COPIES
DATE
NO
DESCRIPTION
1
$505 Express Review Fee - Check #4627
2
Final SW M mt Permit Application
2
Infiltration Basin Supplements & O&M Agreements
2
SW M mt Final Design Calculations
2
SW M mt Final Design Plans
These are transmitted as checked below
❑ As requested
® For approval
❑ For review and comment
Remarks
Copy to D Amos Clark PE
D Barone PE
® Foryouruse
Signed1 C� w 11�Q➢Y� 11 f ntC it I�✓
Brandon R Finch PE
Sr Stormwater Project Manager
Foz
FOR INTERNAL USE ONLY
Copy Letter of Transmittal Only to File
Copy Entire Document to File
� CIVIL CNGINEERING . LAND PLANNING . $URVr PING
PO Box 14005 . Research TnaNle Pant NC 27709 . (919) 361 50DO . fax [phone]
v iohnnn adams o
EXHIBIT

PLEASE PRINT CLEARLY OR TYPE
STAI E OF NORTH CAROLINA
COUNTY OFCARTERET
HVMP LLC and THOMAS SINGLETON
PETITIONERS
NORI H CAROLINA DEPARTMENT OF ENVIRONMENT AND
NATURAL RESOURCES DIVISION OF WATER QUALITY
RESPONDENT
IN I FIE OFFICE OF
ADMINISTRATIVE HEARINGS
PETITION
FOR A
CONTESTED CASE HEARING
I hereby ask for a contested case hearing as provided for by North Carolina General Statute p 150B 23 because the Respondent has
erroneously issued Stormwater Permit No SW8080947 in the time of Petitioner Thomas Singleton and erroneously recorded the Stormwater
Management Permit Application Form as having been received from Petitioner HVMP, LLC, at a date later than September 30 2008 both of which
are contrary to the Application submitted for the subject Stormwater Permit
Please see attached statement with exhibits for more detail and information
(4) Because of these facts the State agency or board has (check at least one from each column)
deprived me of property _X_exceeded its authority orlunsdiction,
ordered me to pay a fine or civil penalty or _X acted erroneously
_X_othemise substantially prejudiced my rights AND _faded to use proper procedure
_X_acted arbitrarily or capncioush, or
_failed to act as required by law or rule
(5) Date November 2008 6) Your phone number ( 252 ) 672 5500
(7) Print your full address 1001 College CourUP O Box 867 New Bem, NC 28563
(8) Print your name Amy P
(9) Your signature
You must mad or delver a COPY of this P6tKion to the Stat4agency or board named on line (3) of this form You should contact the agency or
board to determine the name of the person to be served
CERTIFICATE OF SERVICE
I certify that this Petition has been served on the State agency or board named below by depositing a copy of it with the United States Postal Service
with sufficient postage affixed OR by delivering it to the named agency or board
(10) Mary Penny Thompson, Esq (11) Ms Coleen H Sullins
Department of Environment and Natural Resources Department of Environment and Natural Resources
1601 Mad Service Center, Raleigh, NC 27699 Division of Water Quality
1617 Mad Service Center
(13) This the / 7 day of Nov
er 2008
(14)
()our signature)
Raleigh, NC 27699
When you have completed this form you MUST mail or delrvcr the ORIGINAL AND ONE COPY to the Office of Administrative Hearings 6714
Mai I Service Center Raleigh NC276996714
H 06 (8/08)

STATE OF NORTH CAROLINA
COUNTY OFCARTERET
HVMP, LLC, and THOMAS
SINGLETON,
Petitioners
v
NORTH CAROLINA DEPARTMENT
OF ENVIRONMENT AND NATURAL
RESOURCES, DIVISION OF WATER
QUALITY
Respondent
IN FHE OFFICE OF
ADMINISTRATIVE HEARINGS
FILE NO
ATTACHMENT TO
PETITION FOR
CONTESTED CASE HEARING
Petitioners HVMP, LLC ("HVMP") and Thomas Singleton ("Singleton") contest
the decision by Respondent North Carolina Department of Environment and Natural Resources,
Division of Water Quality ("DWQ") to issue Stormwater Perna No SW8 080947 (tl�e
"Stormwater Permit") in its current format based on the following facts and reasons
SUMMARY OF FACTS
HVMP is a limited liability company organized under the laws of the State
of North Carolina, with its principal place of business in Carteret County, North Carolina
Singleton is a citizen and resident of Carteret County, North Carolina, and is a member and a
manager of HVMP
2 HVMP owns property located in Carteret County at the intersection of
N C Highway 24 and Whaley Lane in Morehead Township HVMP intends to develop the
Bogue Sound Chuich and related improvements (the "Project") on the property
3 Due to the size and density of the Project, HVMP is required to obtain a
stormwater permit from DWQ prior to construction N C Gen Stat § 143-214 7, 15A NCAC
2H 1003

4 In August 2008, during the development of the design and plans for the
Project, the North Carolina General Assembly adopted Senate Bill 1967, "An Act To Provide
For Improvements In 7 he Management Of Stormwater In The Coastal Counties In Order To
Protect Water Quality," as Session Law 2008-211 (the "Act") The Act imposes stricter
stormwater management standards on development in the 20 coastal counties than do DWQ's
Stormwater Requirements Coastal Counties, 15A NCAC 2H 1005 (the "1995 Coastal
Stormwater Rules") However, under the Act, the 1995 Coastal Stormwater Rules would govern
the Project if it met one of the exclusions listed in the Act
5 One of the exclusions from the Act's stricter stormwater management
requirements is for projects that submitted complete applications for stormwater permits to DWQ
prior to October 1, 2008 (the "Complete Application Exemption") Under the Complete
Application Exemption, the Project would be regulated by the 1995 Coastal Stormwater Rules
S L 2008-211, Section 2 (d)
6 Agents for HVMP prepared a Stormwater Management Permit
Application (DWQ Form SWU-101, Version 03 27 08) and related supplements for the Project
(the "Application") on behalf of HVMP The Application specifically lists "HVMP, LLC" as the
applicant's name under line item I 1 , and lists "Mr Thomas Singleton, Manager" as the signing
official's name and title underline item 12 Pursuant to the Application Fonn instructions,
Singleton's name was inserted in Section VIII on Page 4 of the Application, however, he was
acting in his representative capacity for HVMP, and the Application was signed per the Form's
instructions Further, on Page 3 of each Infiltration Basin Operation and Maintenance
Agreement (Form SW401-Infiltration Basin O&M -Rev 3) supplement to the Application,
Singleton signed in his representative capacity as "Thomas Singleton, Manager " A copy of the
Application (without the plans) submitted to DWQ is attached hereto as Exhibit A
7 The stormwater management system for the Project was designed under
the 1995 Coastal Stormwater Rules, and, HVMP intended and desired for the Project to qualify
for the Complete Application Exemption from the new regulations imposed under the Act
2

Agents for HVMP communicated frequently with representatives of DWQ
in the Wilmington Regional Office in order to ensure the Project would be regulated by the 1995
Coastal Stormwater Rules and meet the Complete Application Exemption
9 On September 25, 2008, agents for HVMP received an e-mail
communication from Janet Russell, Environmental Specialist for DWQ's Wilmington Office
Express Permitting Section ("Russell"), indicating that "[t]he Express Program is in receipt of
your Express Request to review the Bogue Sound Church project for a stormwater permit " The
communication further stated that, "[b]y submitting your Express Request prior to October 1 st,
you are vested under the old stormwater rules as long as your application package is significantly
complete when it does come in on the scheduled meeting date in Express (this is per Linda
Lewis) " A copy of this e-mail communication is attached hereto as Exhibit B
10 On September 26, 2008, Russell offered a date for the Express Review
that was subsequent to October 1 2008, therefore, HVMP became concerned about the Project
qualifying for the Complete Application Exemption A copy of this e-mail communication is
attached hereto as Exhibit C
I I In order to insure a complete application was received by DWQ prior to
October 1, 2008, agents for HVMP submitted the complete Application for the Project on
September 30, 2008, to DWQ under the standard review program A copy of the transmittal
letter that accompanied the Application stamped "Received" by DWQ on September 30, 2008, is
attached hereto as Exhibit D
12 Also on September 30, 2008, agents for HVMP responded to Russell's
September 26, 2008 e-mail (Exhibit C) and accepted the review date offered by Russell for the
Project under the Express Review Program A copy of this e-mail communication is attached
hereto as Exhibit E
13 Agents for HVMP continued to communicate with representatives of
DWQ to ensure the 1995 Coastal Stormwater Rules would be applied to the Project As part of
these communications, on October 7, 2008, Linda Lewis, Environmental Specialist for the
DWQ's Wilmington Office Express Permitting Section ("Lewis"), confirmed to agents for
HVMP that "[a]ny project that submitted an express request to Janet [Russell] prior to October 1,

2008, or that holds a valid vested right, is to be reviewed under the old rules, even if the
application is submitted after October 1, 2008, or the actual review takes place after October 1 "
A copy of this e-mail communication is attached hereto as Exhibit F
14 Later on October 7, 2008, Lewis sent two other e-mail communications to
agents for HVMP confirming that the Project would be reviewed under the 1995 Coastal
Stormwater Rules and that the agents' request for express review of the Application was received
on September 30, 2008 Copies of these e-mail communications are attached hereto as
Exhibits G and H respectively However, previously on October 2 2008, Lewis had indicated
that HVMP could not have an application for the Project under both the Standard Review
Program and the Express Review Program at the same time (see October 2, 2008 e-mail
correspondence at the end of Exhibit G), and she reiterated DWQ's position on October 7 2008
in a follow-up e-mail (Exhibit H)
15 On October 8, 2008, agents for HVMP responded to Lewis'
correspondence by return e-mail, stating that "[s]ince the Express Review will be based on the
1995 rules per your email below and your prior correspondence to us, we will go ahead and
move forward in the Express program as you have described We will bring our check for
$4000, and use the plans and application that are already submitted " A copy of this e-mail
communication is attached hereto as Exhibit I
16 On October 14, 2008, agents for HVMP participated in the Express
Review meeting with DWQ to discuss the Application DWQ assured agents for HVMP that the
Project was grandfathered from the new requirements of the Act since the Application was
submitted prior to October 1
17 On October 16, 2008, DWQ issued the Stormwater Permit jointly in the
names of HVMP as a limited liability company, and Singleton individually A copy of the
Stormwater Permit is attached hereto as Exhibit J Neither HVMP nor Singleton requested the
Permit to be issued in Singleton's name The Application specifically provides that the applicant
is "HVMP LLC"
18 The transmittal letter from DWQ dated October 16, 2008, accompanying
the Stoimwater Permit (the "Tiansmittal Letter") incorrectly and eironeously states that the
4

Application "as received on October 15, 2008, instead of September 30 2008 A copy of the
Transmittal Letter from DWQ is attached hereto as Exhibit K
PETITIONERS' ASSERTIONS
19 By naming Singleton individually as a co-permittee on the Stormwater
Permit, DWQ has substantially prejudiced Singleton's rights by imposing individual and personal
liability on Singleton outside of his capacity as a manager or a member of HVMP for the
requirements and obligations of the Stormwater Permit, and in doing so DWQ exceeded its
authority and jurisdiction acted erroneously, and acted arbitrarily and capriciously Further, by
adding Singleton to the Permit, DWQ prejudiced the rights of HVMP, and in doing so DWQ
exceeded its authority and jurisdiction, acted erroneously, and acted arbitrarily and capriciously
20 By incorrectly and erroneously stating in the Transmittal Letter that the
Application was received after September 30, 2008, DWQ has substantially prejudiced HVMP's
rights by providing thud parties grounds to challenge the Stormwater Permit as not eligible for
exclusion from the new stormwater management requirements imposed by the Act If the
Stormwater Permit were to be challenged successfully, then the Project will not be eligible for
regulation under the 1995 Coastal Stormwater Rules and HVMP will be forced to redesign its
storiwater management plan In making such an error, DWQ has exceeded its authority and
jurisdiction, acted erroneously, and acted arbitrarily and capriciously
CONCLUSION
1 herefore, Petitioners hereby request that (1) the Stormwater Permit be amended
by removing Thomas Singleton as a co-pemnttee, and (2) the Transmittal Letter be amended to
reflect D WQ's receipt of the complete Application on September 30, 2008

This the 14th day of November, 2008
— a4qaw�tpi% �
Amy P WankJ
N C State Bar I D No 02 22
E-mail apw@wardandsmith corn
Gary J Rickner
N C State Bar I D No 025129
E-mail glr@wardandsmith com
For the firm of
Ward and Smith, P A
Post Office Box 867
New Bern, NC 28563-0867
Telephone [phone]
Facsimile [phone]
Attorneys for HVMP, LLC and Thomas Singleton

CERTIFICATE OF SERVICE
I hereby certify that I have this day served a copy of the foregoing ATTACHMENT TO
PETI I ION FOR CONTESTED CASE HEARING by depositing a copy thereof in an envelope
bearing sufficient postage in the United States mail addressed to the following persons at the
following addresses which are the last addresses known to me
Mary Penny Thompson, Esq
Department of Environment and Natural Resources
1601 Mail Service Center
Raleigh, NC 27699-9001
Ms Coleen H Sullins
Department of Environment and Natural Resources,
Division of Water Quality
1617 Mail Service Center
Raleigh, NC 27699-1617
This the 14th day of November 2008
Amy P Wand V
N C State Ba D No 023
E-mail apw@wardandsmrth com
Gary J Rickner
N C State Bar I D No 025129
E-mail glr@wardandsmith com
For the firm of
Ward and Smith, P A
Post Office Box 867
New Bern, NC 28563-0867
Telephone [phone]
Facsimile [phone]
Attorneys for HVNIP LLC and Thomas Singleton

"S WARDANDSMITH,PA. CANT ll ROUTSON, Attorney at law
1001 College Court (28562)
Post Office Box 867
New Bem NC 28563 0867
November 11, 2008
VIA OVERNIGHT DELIVERY
Ms Linda Lewis
Ms Janet Russell
Mr Chris Baker
Division of Water Quality
127 Cardinal Drive Extension
Wilmington, NC 28405
[phone]
RE Bogue Sound Church Permit No SW8 080947
Our File 983019-00009
Dear Ms Lewis, Ms Russell, and Mr Baker
P 252 672 5451
F 252 672 5477
cdr@wardandsm¢h corn
RECEIVED
NOV 1 2 2008
Our office represents HVMP, LLC and Mr Thomas Singleton We have been working with
Mr Amos Clark, Mr Dave Bartone, and Mr Brandon Finch of The John R McAdams
Company, Inc with respect to the Bogue Sound Church project in Carteret County, North
Carolina
Due to the changes in the storinwater laws that became effective October 1 of this year, it was
imperative to HVMP, LLC to have the Bogue Sound Church application submitted and accepted
by DWQ prior to October 1 Consequently, HVMP, LLC submitted a complete application to
DWQ on September 30, 2008, for a regular review for the Bogue Sound Church Project Prior to
September 30, Mr Clark also had requested an "Express Review" of the Project, and on
September 30, 2008, Mr Clark confirmed the Express Review of the Project with DWQ
It is our understanding that due to administrative reasons, DWQ objected to having plans for the
Project under both the Standard Review process and the Express Review process at the same
time Consequently, based on various discussions between the parties, it was HVMP's
understanding that the September 30 regular application would be moved into the express review
program (and thereby avoid having the same project under the standard review and the express
review at the same time) but retaining the submittal date of September 30
ASHEVHLF GREFNVILLF NEW BERN RAIEIGH WHMINGTON
www wardandsnuth coin

WARDAND SMITH, PA
Ms Linda Lewis
November 11, 2008
Page 2
At the Express Review meeting on October 14, 2008, the plans submitted on September 30,
2008, were reviewed, and subsequently, Permit SW8 080947 dated October 16, 2008, was issued
for the Project Unfortunately, the correspondence accompanying the Permit indicated that the
complete stormwater application for Bogue Sound Church was received by DWQ on October 15,
2008, instead of September 30 as expected Due to the September 30 language in the statute, the
reference to October 15, 2008, causes concern by appearing to establish grounds for third parties
to attack the Permit Accordingly, it is requested that the transmittal letter and all references in
the Permit to the receipt of the complete application refer to September 30, 2008, instead of
October 15, 2008
Furthermore, the application was only in the name of HVMP, LLC, but the Permit was issued
erroneously in the name of Thomas Singleton and HVMP, LLC It is requested that the Permit
be reissued only in the name of HVMP, LLC
It is my understanding from various discussions that Mr Amos Clark and Mr Brandon Finch
had with representatives of your office that DWQ is requiring that a formal Contested Case
Hearing be filed to correct these errors, and accordingly, we are preparing for such as indicated
by the preliminary draft petition enclosed with this letter Please note that the draft petition is
very rough and undoubtedly will receive substantial modifications before it is filed
However, smce the matters in question seem relatively minor and very easy to correct, I am
writing this letter in hopes that DWQ will make the corrections without requiring a formal
Contested Case Hearing Due to the limited time left to file the Contested Case Petition, your
immediate attention to the matter will be appreciated
Thank you for your consideration
Yours trul ,
nt DR
CDR-CDR ksb
NBMAIN\801102\1
Enclosure
cc Mr Thomas M Singleton