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HomeMy WebLinkAboutSW8951210_HISTORICAL FILE_20190416 (2)I STORMWATER DIVISION CODING SHEET POST -CONSTRUCTION PERMITS PERMIT NO. SW8 q s 12 �0 DOC TYPE ❑ CURRENT PERMIT ❑ APPROVED PLANS HISTORICAL FILE ❑ COMPLIANCE EVALUATION INS IECTION I DOC DATE 2olq of I6 YYYYMMDD I I 0 ROY COOPER Governor MICHAEL S. REGAN Secretary. S. DANIEL SMITH Interim Director April 16, 201.9 NORTH CAROLINA Environmental Quality Landfall Subdivision II Owner's Association Attn: Jim Martz, or Current President 1749 Drysdale Drive Wilmington, NC 28405 Subject: State Stormwater Permit No. SW8 951210 Landfall Lake (aka Upper Pond at Horseshoe Lake) High Density Subdivision Project New Hanover County Dear Mr. Martz The Wilmington Regional Office received a modified Slate Stormwater Manageme Application for the subject project on October 2, 2018 with final information recei 2019. Staff review of the plans and specifications has determined that the proje complies with the Stormwater Regulations set forth in Title 15A NCAC 2H.1000 (1 amended by Session Law (SL) 2006-246, Session Law (SL) 2008-211, and as su amended on January 1, 2017 (2017 Rules). We are hereby forwarding modified 951210 dated April 16, 2019, for the construction, operation and maintenance c control measures (SCMs) and built -upon areas (BUA) associated with the subject This permit shall be effective from the date of issuance until April 30, 2022. The r operation and maintenance of the project shall be subject to the conditions and I specified in the modified permit. The permit does not supersede any other agenc, be required. Failure to comply with these requirements will result in future comp) The following modifications are included and covered by this permit: It Permit ed on April 8, I, as proposed, )95 Rules)as sequently ermit No. SW8 the stormwater roiect. nitations as permit that may ince problems. 1. The addition of 36,800 square feet of impervious area for the sidewalk around the pond. 2. A slight reduction in the amount of permanent pool surface area provided!(now 419,278 sf). 3. A change in the permanent pool and temporary pool elevations to reflect a different survey datum. Permanent pool is now 3.63 fmsl and temporary pool is now 4.93�fmsl. 4. Due to the additional storage depth provided (now 1.3 feet), the amount of storage volume increased to 598,851 cubic feet, which is in excess of the minimum required 496,975 cf. 5. New approved as -built survey plans of the pond and a new outlet structure detail reflecting the elevations based on current survey datum are attached. This cover letter, attachments, and all documents on file with DEMLR shall be con Isidered part of this permit and are incorporated herein by reference. Please replace the previously approved plan sheets with the attached modified and approved versions. Please replace the previous application (SWU- 101), wet pond supplement form and O&M agreement with the attached modified versions. If any parts, requirements, or limitations contained in this permit are unacceptable, you have the right to request an adjudicatory hearing by filing a written petition with the Office of Administrative Hearings (OAH). The written petition must conform to Chapter 150E of the North Carolina General Statutes and must be filed with the OAH within thirty (30) days of receipt of this permit. You should contact the OAH with all questions regarding the filing fee (if a filing fee is required) and/or the details of the filing process at 6714 Mail Service Center, Raleigh, NC 27699-671.4, or via telephone at 919-431-3000, or visit their website at www.NCO.AH.corn. Unless such demands are made this permit shall be final and binding. I I North Carolina Department of Environmental Quality I Division of Energy. Mineral and Land Resources Wilmington Regional Office 1 127 Cardinal Drive Extension I Wilmington, North Carolina 28405 wm„r,.raaN„ ��� VVV 910.796.7215 State Stormwater PerInit No. SWS 951210 Page 2 of 2 If you have any questions concerning this permit, please contact Linda Lewis in the Wilmington Regional Office, at (910) 796-7215 or via email at linda Iewis@ncdenr.ggv. Sincerely, I f S. Daniel Smith, Interim Director Division of Energy, Mineral and Land Resources Enclosures: Permit Documents (Supplement form and O&M agreement) Attachment B - BUA allocations GDS/arl: G:\\\Stormwater\Permits & Projects\1995\951210 FID\2019 On permit 95121.0 cc: Shane Lippard, P.E., Right Angle Engineering Steve Itughes, COO, Landfall Council of Associations New Hanover County Building Safety Department New Hanover County Engineering Wilmington Regional Office Stormwater File State Stormwater Management STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY DIVISION OF ENERGY, MINERAL AND LAND RES STATE STORMWATER MANAGEMENT PERMIT HIGH DENSITY SUBDIVISION DEVELOPMENT In compliance with the provisions of Article 21 of Chapter 143, General Statutes of North Carolina as amended, and other applicable Laws; Rules, and Regulations promulgated and adopted by the North Carolina Environmental Management Commission; including 15A NCAC 02H.1000 (1995 Rules) as subsequently amended on January 1, 2017 (2017 Rules) (the "stormwater rules"), PERMISSION IS HEREBY GRANTED TO i Landfall Subdivision 11 Owner's Association Landfall Lake (Upper Pond @Horseshoe Lake) Area roughly bounded by Arboretum Drive, Turnberry Lane, and Forest Island Place Wilmington, New Hanover County FOR THE construction, operation and maintenance of one (1) wet detention pond ("stormwater control measures' or "SCMs") as outlined in the application, approved stormwater management plans, supplement(s), specifications, and other supporting data (the "approved plans and specifications") as attached and/or on file with and approved by the Division of Energy, Mineral and Land Resources (the "Division" or "DEMLR"). The approved plans and specifications are incorporated by reference and are an enforceable part of this permit. This permit shall be effective from the date of issuance until April 30, 2022. The permittee and the project shall be subject to the specified conditions and limitations contained therein. The permit issued shall continue in force and effect until the permittee files a request with the Division for a permit modification, transfer, renewal, or rescission; however, these actions do not stay any condition. 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 for cause as allowed by the laws, rules, and regulations contained in Title 15A NCAC 21-1.1000 and NCGS 143-215.1 et.al. 1. APPLICABILITY. This permit is effective only with respect to the management and volume of stormwater described in the approved plans and specifications. 2. APPROVED PLANS AND SPECIFICATIONS. The project shall be constructed, operated and maintained in accordance with the approved plans and specifications. Approved plans, application, supplements, calculations, operation and maintenance agreement, recorded deed restrictions and protective covenants, and specifications for this project are incorporated by reference and are enforceable parts of the permit. A copy of this permit, approved plans, application, supplements, operation and maintenance agreement, all applicable recorded documents, and specifications shall be maintained on file by the permitte i in a known, set location. Page 1 of 5 State Stormwater Management Permit No. SW8 951210 3. BUILT -UPON AREA (BUA) REQUIREMENTS. The following requirements pertain to the BUA on this project: a. PROJECT BUA LIMITS. The maximum amount of BUA allowed for the entire project is 3,811,275 square feet. b. BUA WITHIN AN SCM DRAINAGE AREA. The runoff from all BUA within the permitted drainage area of this project must be directed into the permitted SCM. c. SCM BUA LIMITS. The SCM has been designed using the runoff volume matching method to handle the runoff from 3,811:275 square feet of BUA within the delineated drainage area. This permit does not provide any allocation of BUA for future development within the delineated drainage area. d. BUA FOR INDIVIDUAL RESIDENTIAL LOTS. The built -upon area on each of the lots within the drainage area of this permitted pond is limited to a maximum amount as indicated in Attachment B of this permit and as indicated in the approved plans and specifications. The maximum BUA assigned to each lot via this permit and the recorded deed restrictions and protective covenants may not be increased or decreased by either the individual lot owner or the permittee unless and until the permittee notifies the Division and obtains written approval from the Division. 4. SCM REQUIREMENTS. The following requirements pertain to the SCM for this project: a. SCM DESIGN. The SCM is permitted based on the design criteria presented in the sealed: signed and dated supplement and as shown in the approved plans and specifications. This SCM must be provided and maintained at the design condition. b. FOUNTAINS. At this time, a decorative spray fountain has not been proposed within the wet pond. Decorative spray fountains will be allowed in the wet pond if documentation is provided demonstrating that the proposed fountain will not cause resuspension of sediment within the pond or cause erosion of the pond side slopes. c. IRRIGATION. If the wet pond is to be used for irrigation, the following recommendations apply: 1) that some water be maintained in the permanent pool, 2) that the vegetated shelf is planted with appropriate species that can handle fluctuating conditions; and, 3) that human health issues are addressed. d. WETLAND AREAS. This pond is part of a wetland mitigation project. The shallow, outer reaches of the pond are preserved wetland areas regulated by that Deed of Conservation Easement between the Northeast New Hanover Conservancy and Landfall Associates dated December 27, 1995 and recorded in Deed Book 1975 at Page 444. 5. RECORDED DOCUMENT REQUIREMENTS. The following documents must be recorded with the Office of the Register of Deeds prior to the sale of individual lots or groups of lots: a. ACCESS AND/OR EASEMENTS. The entire slormwater conveyance system, including any SCMs, and maintenance accesses must be located in public rights -of -way, dedicated common areas that extend to the nearest public right-of-way, and/or permanent recorded easements that extend to the nearest public right-of-way for the purpose of inspection, operation, maintenance, and repair. b. FINAL PLATS. The final recorded plats must show all public rights -of -way, dedicated common areas, and/or permanent drainage easements, in accordance with the approved plans. Page 2 of 5 State Stormwater Management Permit No. SW8 951210 c. DEED RESTRICTIONS AND PROTECTIVE COVENANTS. The following deed restrictions and protective covenants related to stormwater management have been recorded in Deed Book 2233 at Page 963; Deed Book 2233 at Page 972; Deed Book 2510 at Page 314; and Deed Book 2233 at Page 316, of the New Hanover County Register of Deeds and must be maintained in perpetuity: i. The following covenants are intended to ensure ongoing compliance with State Stormwater Management Permit Number SW8 951210, as issued by the Division of Energy, Mineral and Land Resources (the "Division") under 15A NCAC 02H.1000, effective January 1, 2017. ii. The State of North Carolina is made a beneficiary of these covenants to the extent necessary to maintain compliance with the Stormwater Management Permit. iii. These covenants are to run with the land and be binding on all persons and parties claiming under them. iv. The covenants pertaining to stormwater may not be altered or rescinded without the express written consent of the Division. V. Alteration of the drainage as shown on the approved plans may not take place without the concurrence of the Division. vi. The maximum built -upon area (BUA) is listed in Attachment B. This allotted amount includes any BUA 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 not shown on the approved plans. BUA has the same meaning as G.S. 143-214.7, as amended. vii. The maximum allowable BUA shall not be exceeded on any lot until the permit is modified to ensure compliance with the stormwater rules, permit, and the approved plans and specifications. viii. All runoff from the BUA on the lot must drain into the permitted system. This may be accomplished via grading, a stormwater collection system and/or a vegetated conveyance. ix. Any individual or entity found to be in noncompliance with the provisions of a stormwater management permit or the requirements of the stormwater rules is subject to enforcement procedures as set forth in NCGS 143, Article 21. 6. CONSTRUCTION. During future lot construction within the drainage area of this SCM, the permittee shall ensure that the lot owner has provided sufficient erosion control measures to restrain sediment from leaving the site. Any sediment that escapes into the street or the runoff collection system or into the SCM itself will be removed immediately. SCM OPERATIONAL PRIOR TO DEVELOPMENT. The permitted SCM shall not be used as an approved Erosion Control device. The owner of any lot under construction shall provide sufficient onsite Sediment -Erosion Control devices to restrain erosion on the lot. b. SCM RESTORATION. The SCM must be restored to the approved state stormwater design condition prior to close-out of the erosion control plan and/or project completion and/or transfer of the state stormwater permit. Upon restoration, a new or updated certification will be required for the SCM(s) and a copy must be submitted to the appropriate DEQ regional office. MODIFICATIONS. No person or entity, including the permittee, shall alter any component shown in the approved plans and specifications. Prior to the construction of any modification to the approved plans, the permittee shall submit to the Director, and shall have received approval for modified plans, specifications, and calculations including, but not limited to, those listed below: a. Any modification to the approved plans and specifications, regardless of size including the SCM(s), BUA, details, etc. b. Redesign or addition to the approved amount of BUA or to the drainage area. c. Further development, subdivision, acquisition, lease or sale of any, all or part of the project and/or property area as reported in the approved plans and specifications. d. Altering, modifying, removing, relocating, redirecting, regrading, or resizing of any component of the approved SCM(s), stormwater collection system and/or vegetative conveyance shown on the approved plan. Page 3 of 5 State Stormwater Management Permit No. SW8 951210 e. The construction of any allocated future BUA shown on the application documents or noted on the approved plans. f. The construction of any permeable pavement for BUA credit that was not included in the approved plans and specifications. g. The construction of any #57 stone area, public trails, or landscaping material to be considered a permeable surface that were not included in the approved plans and specifications. h. Other revisions as determined by the Director should require a modification. DESIGNER'S CERTIFICATION. The pond has been certified. The permittee shall, within 30 days of discovering any noncompliance, submit either an application to modify the permit or a plan of action with a timeline, to bring the site into compliance. Within 30 days of completion of the approved modifications, the permittee shall certify to the Division that the modifications have been made. 9. OPERATION AND MAINTENANCE. The permittee shall provide and perform the operation and maintenance necessary, as listed in the signed operation and maintenance agreement, to assure that all components of the permitted on -site stormwater system function at the approved design condition. The approved operation and maintenance agreement must be followed in its entirety and maintenance must occur at the scheduled intervals. a. CORRECTIVE ACTIONS REQUIRED. If the facilities fail to perform satisfactorily, the permittee shall take immediate corrective actions. This includes actions required by this Division and the stormwater rules such as the construction of additional or replacement on - site stormwater systems. These additional or replacement measures shall receive a permit from the Division prior to construction. b. MAINTENANCE RECORDS. Records of maintenance activities must be kept in a known set location, and be made available upon request to authorized personnel of the Division. The records will indicate the date, activity, name of person performing the work, a description of the issue and what actions were taken to resolve the issue. 10. PERMIT TRANSFER. This permit is not transferable to any person or entity except after notice to and approval by the Director. a. NOTICE OF A TRANSFER REQUEST. The permittee shall submit a permit transfer request to the Director which must include the appropriate application, documentation and the processing fee as outlined in Title 15A NCAC 02H.1045(2) and must be submitted at least 60 days prior to any one or more of the following events: i. The sale or conveyance of the project and/or property area in whole or in part, except in the case of an individual residential lot sale that is made subject to the recorded deed restrictions and protective covenants: ii. The assignment of declarant rights to another individual or entity; iii. Dissolution of the partnership, corporate, or LLC entity, subject to NCGS 55-14-05 or NCGS 57D-6-07 and (8); iv. Bankruptcy; V. Foreclosure, subject to the requirements of Session Law 2013-121, b. COMPLIANCE INSPECTION. Prior to transfer of the permit, a file review and site inspection will be conducted by Division personnel to ensure the permit conditions have been met and that the project and the on -site stormwater system complies with the permit conditions. Any items not in compliance must be repaired, replaced, restored; or resolved prior to the transfer. Records of maintenance activities performed to date may be requested. 11. NAME OR ADDRESS CHANGES. The permittee shall submit a completed Permit Information Update Form to the Division within 30 days of making any one or more of the following changes: a. A name change of the current permittee; b. A name change of the project, C. A mailing address change of the permittee. Page 4 of 5 State Stormwater Management Permit No. SW8 951210 12. COMPLIANCE RESPONSIBILITY. The permittee is responsible for complying with the terms and conditions of this permit and the approved plans and specifications until the Division approves the transfer request. a. REVIEW EACH LOT PLAN FOR COMPLIANCE. The permittee is responsible for ensuring that the proposed BUA on each individual lot within the drainage area of this SCM, and for the entire project does not exceed the maximum amount allowed by this permit. The permittee shall review all individual lot plans for new construction and all subsequent modifications and additions for compliance. The permittee shall not approve any lot plans where the maximum allowed BUA limit has been exceeded or where modifications are proposed to the grading, the stormwater collection system, or a vegetated conveyance. b. ARCHITECTURAL REVIEW BOARD (ARB) OR COMMITTEE (ARC). Any approval given by an established ARB or ARC on behalf of the permittee does not relieve the permittee of the responsibility to maintain compliance with the conditions of the permit and the approved plans and specifications. c. MONITOR THE PROJECT. The permittee shall routinely monitor the SCM and each lot to ensure continued compliance with the conditions of the permit, the approved plans and specifications, and the recorded deed restrictions and protective covenants. The permittee shall notify any lot owner that is found to be in noncompliance with the conditions of this permit in writing and shall require timely resolution. d. DIVISION ACCESS. The permittee grants Division Staff permission to enter the property during normal business hours to inspect all components of the permitted project. e. NOTIFICATION OF NON-COMPLIANCE. 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 modified plans and certification in writing to the Director that the changes have been made. f. OTHER PERMITS. The issuance of this permit does not preclude the permittee from obtaining and complying with any and all other permits or approvals that are required in order for this development to take place, as required by any statutes, rules, regulations, or ordinances, which are imposed by any other Local, State or Federal government agency having jurisdiction. g. VIOLATIONS. Any activities undertaken at this site that cause a water quality violation or undertaken prior to receipt of the necessary permits or approvals to do so are considered violations of NCGS 143-215.1, and subject to enforcement procedures as set forth in NCGS 143 Article 21. h. ENFORCEMENT. Any individual or entity found to be in noncompliance with the provisions of a stormwater management permit or the requirements of the stormwater rules is subject to enforcement procedures as set forth in NCGS 143 Article 21. 13. PERMIT RENEWAL. A permit renewal request must be submitted at least 180 days prior to the expiration date of this permit. The renewal request must include the appropriate application; documentation and the processing fee as outlined in Title 15A NCAC 02H.1045(3). Permit modified and reissued this the 1611 day of April 2019, NORTH CAR LINA ENVIRONMENTAL MANAGEMENT COMMISSION �-t31 � CaSZp i,,S. Daniel Sr,4th. Interim Director Division of Energy, Mineral and Land Resources By Authority of the Environmental Management Commission Permit Number SW8 951210 Page 5 of 5 State Stormwater Management Permit No. SW8 951210 Attachment B — Built -upon Area Allocations and Limitations Blocks 36, 37, 45 and 46 — new residential at 35% per lot Existing (pre-88) Residential at 50% per lot Future Residential at 35% per lot Drayton Point SW8 970610) — 36 lots @5,000 sf plus roads Tract B (former MF Tract) @85% Excess from Drayton Point (revised from MF to SF) 385;942 1,653,538 892,109 229,997 295.337 317,552 Perimeter Lake Sidewalk 36.800 TOTAL 3:81 1:275 Page 1 of 1 WET POND 1 Drainage area number 1 2 Designof SCM (cu ft) _ _ _ _ _ — 496975 cf GENERAL MDC FROM 0211.1050 31 Is the SCM sized to treat the SW from all surfaces at build -out? Yes 4 Is the SCM located away from contaminated soils? Yes 5 What are the side slopes of the SCM (H:V)? 3:1 6 Does the SCM have retaining walls, gabion walls or other engineered side slopes? No 7 Are the inlets, outlets, and receiving stream protected from erosion (10-year storm)? Yes 8 Is there an overflow or bypass for inflow volume in excess of the design volume? Yes 9 What Is the method for dewatering the SCM for maintenance? Drawdown Orifice 101 If applicable, will the SCM be cleaned out after construction? �} 11 Does the maintenance access comply with General MDC (8)? Yes 12 Does the drainage easement comply with General MDC (9)? Yes 13 If the SCM is on a single family lot, does (will?) the plat comply with General MDC (10)? !' A 14 Is there an 08M Agreement that complies with General MDC (11)? Yes 15 Is there an O&M Plan that complies with General MDC (12)? Yes 16 Does the SCM follow the device specific MDC? a/k 17 Was the SCM designed by an NC licensed professional? WET POND MDC FROM 02H .1053 Yes SA/DA 181 Method used 19 Has a stage/storage table been provided in the calculations? No 20 Elevation of the excavated main pool depth (bottom of sediment removal) (1 -3.00 21 Elevation of the main pool bottom -(top of sediment removal) (fmsl) -1.00 22 Elevation of the bottom of the vegetated shelf (fmsl) 2.00 23 Elevation of the permanent pool (fmsl) 3.63 24 Elevation of the top of the vegetated shelf (fmsl) 4.00 25 Elevation of the temporary pool (fmsl) 4.93 26 Surface area of the main permanent pool (square feet) 41927Af1 SF 27 Volume of the main permanent pool (cubic feet) �A 28 Average depth of the main pool (feet) 5.00 It 29 Average depth equation used �JA 30 If using equation 3, main pool perimeter (feet) 31 If using equation 3, width of submerged veg. shelf (feel) 32 Volume of the forebay (cubic feet) (fA 33 Is this 15-20%of the volume in the main pool? Alfr 34 Clean -out depth for forebay(inches) 35 Design volume of SCM (cu ft) 598851 cf 36 Is the outlet an orifice or a weir? Orifice 37 If orifice, orifice diameter (inches) 4 in 38 If weir, weir height (inches) 39 If weir, weir length (inches) 40 Drawdown time for the temporary pool (days) 4.47 41 Are the inlets) and outlet located in a manner that avoids short- circuiting? Yes 42 Are berms or baffles provided to improve the Flow path? No 43 Depth of forebay at entrance (inches) N9 44 Depth of forebay at exit (inches) Ff 4 451 Does water flow out of the forebay in a non -erosive manner? A 46 Width of the vegetated shelf (feet) WA 47 Slope of vegetated shelf (H:V) 48 Does the orifice drawdown from below the top surface of the permanent pool? Yes 49 Does the pond minimize impacts to the receiving channel from the 1- yr, 24-hr storm? Yes 50 Are fountains proposed? (If Y, please provide documentation that MDC(9) is met.) No 51 Is a trash rack or other device provided to protect the outlet system? Yes 52 Are the dam and embankment planted in non -clumping turf grass? Yes 53 Species of turf that will be used on the dam and embankment beNrmuda 54 Has a planting plan been provided for the vegetated shelf? !lA, ADDITIONAL INFORMATION 55 Please use this space to provide any additional information about the wet poncis): 1995 Pond Rules at time of permitting Ai424 6mckv-4, SEAL r_ , PE 023917 &��0 . R`R ;,NE LIP, " ���q Wet Pond 1 10'.19 AM 4/8/2019 RIGHT ANGLE u ENGINEERING, PC 212 Princess Street Wilmington, NC 28401 Tel. (910) 251-8544 Fax (910) 251-2208 April 8, 2019 Linda Lewis, Environmental Engineer NCDEQ -DEMLR 127 Cardinal Dr. Ext., Wilmington, NC 28405 Re: Landfall Lake Stormwater Permit Modification SW8951210 New Hanover County, NC Mrs. Lewis, Attached is the Wet Pond page of the EZ form for Landfall Lake. Please feel free to contact its at anytime if there are any questions. Sincerely, Shane Lippard, P.E. Vice President Right Angle Engineering Cc: Steve Hughes, COO, Landfall COA DIVE b, APR 0 8 2019 er Lewis,Linda From: Lewis,Linda Sent: Thursday, March 28, 2019 5:25 PM To: raepcsl@bellsouth.net' Cc: Steve Subject: Landfall Lake SW8 951210 Contacts: Lippard, Shane Shane I think the supplement form EZ is missing a page. After you put in the number and type of SCM on the cover page and complete the drainage area information, you need to click on the bar on the cover page to "Load Forms". This can take 2-3 minutes to upload, so don't rush it. When it uploads, you'll see a new tab open up at the bottom of the page called "Wet Pond". You can click on that tab to open that page and enter the requested design information. This will bring up the design information for the pond, i.e., surface area, volume, depths, orifice size, etc. Enter "N/A" for any parts of the design that do not apply to this 1995 pond. Linda Lewis,•E.I. Environmental Engineer III Division of Energy, Mineral and Land Resources Department of Environmental Quality 910-796-7215 Office Iinda.lewisCa ncdenr.cov Wilmington Regional Office 127 Cardinal Drive Extension Wilmington, INC 28405 Nothing Compares,., Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. RIGHT ANGLE I--� ENGINEERING, PC 212 Princess Street Wilmington, NC 28401 Tel. (910) 251-8544 Fax (910) 251-2208 February 18, 2019 Linda Lewis, Environmental Engineer NCDEQ -DEMLR 127 Cardinal Dr. Est, Wilmington, NC 28405 Re: Landfall Lake Stormwater Permit Modification SW8 951210 New Hanover County, NC Mrs. Lewis, Attached is a Wet Pond Supplement for the Landfill Lake modification. Please feel free to contact us at anytime if there are any questions. Sincerely, 5 . .Q> Shane Lippard, P.E. Vice President Right Angle Engineering Cc: Steve Hughes, COO, Landfall COA �� use •; FES 18 2019 ' I — Lewis,Linda From: Lewis,Linda Sent: Tuesday, December 18, 2018 11:34 AM To: 'raepcsl' Cc: 'Steve' Subject: RE: [External] Re: Landfall Lake SW8 951210 Shane- another thing I just now realized I need is a new supplement form with the new BUA, new surface area and new elevations. I had you update the O&M, but I forgot about the supplement form. You can use the 2017 SupplementEZ and just put N/A for any of the 2017 criteria that do not apply to this old 1995 pond. The new link to the SupplementEZ and 0&M EZ forms is: hftps://deg.nc.gov/about/divisions/energy- mineral-land-resources/energy-mineral-land-permit-guidance/stormwater-bmp-manual - Linda From: raepcsl <raepcsl@bellsouth.net> Sent: Tuesday, December 18, 2018 11:09 AM To: Lewis,Linda <linda.lewis@ncdenr.gov> Subject: [External] Re: Landfall Lake SW8 951210 Hey Linda, Hereis the response from McKim&Creed, which I thought was the case, but wanted to check with them. Hi Shane, The blue hatched area indicates the area of the pond where no vegetation is breaking the surface of the water (at the time of survey). The hatch which appears to look like grass is the area is where there is aquatic vegetation protruding out of the water. I apologize for the confusion, those hatches should have been included in the legend. Chad Burchette That explanation suffice? I could probably get them to reissue the drawing with the correct legend if necessary. Thanks and Merry Christmas, Shane From: Lewis,Linda" <linda.lewis(oDncdenr.gov> To: Shane <raepcsiRbellsouth.net> Sent: Tuesday, December 18, 2018 10:05 AM Subject: Landfall Lake SW8 951210 Shane 1 I'm a bit confused by the colored survey plans that were provided on November 16, 2018. They show a blue -shaded area but there is nothing on the plan to indicate what that shaded area is. If it's supposed to represent the extent of the 3.63 contour, I think there is a problem, since it crosses over several contours that are higher than 3.63, and doesn't cross over areas that are lower than 3.63. Can you tell me what that blue -shaded area represents? Thanks, Linda Lewis, E.I. Environmental Engineer III Division of Energy, Mineral and Land Resources Department of Environmental Quality 910-796-7215 Office linda.lewis(d,)ncdenr.gov Wilmington Regional Office 127 Cardinal Drive Extension Wilmington, NC 28405 -5/'Nothing Compares., Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. 2 ✓' Lewis,Linda From: Lewis,Linda Sent: Tuesday, December 18, 2018 11:20 AM To: 'raepcsl' Subject: RE: [External] Re: Landfall Lake SW8 951210 Thank you. Yes, please have them reissue that drawing with the hatching noted in the legend. Merry Christmas and Happy New Year! Linda From: raepcsl <raepcsl@bellsouth.net> Sent: Tuesday, December 18, 2018 11:09 AM To: Lewis,Linda <linda.lewis@hcdenr.gov> Subject: [External] Re: Landfall Lake SW8 95121.0 Hey Linda, Here is the response from McKim&Creed, which I thought was the case, but wanted to check with them. Hi Shane, The blue hatched area indicates the area of the pond where no vegetation is breaking the surface of the water (at the time of survey). The hatch which appears to look like grass is the area is where there is aquatic vegetation protruding out of the water. I apologize for the confusion, those hatches should have been included in the legend. Chad Burchette That explanation suffice? I could probably get them to reissue the drawing with the correct legend if necessary. Thanks and Merry Christmas, Shane From: 'Lewis,Linda" <linda.lewis()ncdenr.gov> To: Shane <raepcsl(a)bellsouth.net> Sent: Tuesday, December 18, 2018 10:05 AM Subject: Landfall Lake SW8 951210 Shane I'm a bit confused by the colored survey plans that were provided on November 16, 2018. They show a blue -shaded area but there is nothing on the plan to indicate what that shaded area is. If it's supposed to represent the extent of the 3.63 contour, I think there is a problem, since it crosses over several contours that are higher than 3.63, and doesn't cross over areas that are lower than 3.63. Can you tell me what that blue -shaded area represents? 1 /Thanks, Linda Lewis, E.I. Environmental Engineer III Division of Energy, Mineral and Land Resources Department of Environmental Quality 910-796-7215 Office linda.lewis(a)ncdenr.gov Wilmington Regional Office 127 Cardinal Drive Extension Wilmington, INC 28405 -��-Nothing Compares Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. RIGHT ANGLE ENGINEERING, PC 212 Princess Street Wilmington, NC 28401 Tel. (910) 251-8544 Fax (910) 251-2208 November 15, 2018 -•. per- � •� {R� ep �_ •1..r i.- 4 4Y �� Linda Lewis, Environmental Engineer ,,, NCDEQ - DEMI.R NOV 16 2018 I 127 Cardinal Dr. Ext., i Wilmington, NC 28405 BY`_ Z= 9 Re: Landfall Lake Stormwater Permit Modification SW8 951210 New Hanover County, NC Mrs. Lewis, In response to your comments we are providing the additional information requested. Belowa re responses to your comments as numbered. I. 'file elevations of the as -built conditions are per NAV88 datum. Our application, O&M agreement, details, and calculations are based on the recent survey in NAV88. 2. Revised application enclosed. 3. 'file as -built survey was conducted of the entire pond with soundings of the bottom elevations to generate bottom contours. It appears that the shape and depth of the pond are substantially completed with the design. The lowest elevation in the pond is at -4.0 and the permanent pool is 3.63 giving the deepest depth of 7.63 feet. Two color copies for clarity of the survey are enclosed. 4. O&M document revised to show permanent pool elevation at 3.63'. 5. Outlet structure detail enclosed. Please feel free to contact its at anytime if there are any questions. Sincerely, d. 4� Shane L,ippard, P.E. Vice president Right Angle Engineering Cc: Steve Hughes, COO, Landfall COA Lewis,Linda From: Lewis,Linda Sent: Thursday, November 01, 2018 6:05 PM To: Shane Cc: 'Steve' Subject: SW8 951210 Modification 0 The Division reviewed the subject permit modification received on October 2, 2018 and offer the following comments: 1. It appears that we will be revising the elevations to reflect NAV88. Is that correct? 2. The application signatures got mixed up. Mr. Martz, as the applicant, should have signed in Section X of the application, but instead, he signed in Section IX as the property owner, and Mr. Hughes signed Section X as the applicant. Please sign the application in the correct places. 3. Was the design depth of the pond checked at the time the surface area surveying was being done? When was the depth last checked? Part of the complaint was that the lake is not as deep as it once was. A depth of five (5) feet was used for design. Within the protected wetland zones, depth is not an issue. 4. The permanent pool elevation listed on the O&M document is four (4), but this does not jive with the invert of the 4" orifices, at 3.63. The permanent pool elevation is set by the invert of the orifice inside the structure wall, not by the top of the orifice. Are you proposing to set the permanent pool at elevation 4? If not, please correct the PPE listed on the O&M document to read 3.63. 5. Please provide a revised outlet structure detail with the NAV88 as -built elevations reflected on the as -built drawing. Please remember to provide 2 copies of any revised plan sheets. Please provide the requested information by December 2, 2018. Linda Lewis, E.I. Environmental Engineer III Division of Energy, Mineral and Land Resources Department of Environmental Quality 910-796-7215 Office Iinda.lewis(a)ncdenr.gov Wilmington Regional Office 127 Cardinal Drive Extension Wilmington, NC 28405 4 /'Nothing Compares.—... Email correspondence to and from this address is subject to the 1 Lewis,Linda From: Lewis,Linda Sent: Thursday, October 04, 2018 9:37 AM To: 'Steve' Cc: Shane Subject: Acknowledgement of Receipt of SW application SW8 951210 The Wilmington Regional Office of the Division of Energy, Mineral and Land Resources acknowledges receipt of the subject Stormwater Management Permit Modification application and $505.00 fee (Check #1316) on October 2 2 The project has been assigned to Linda Lewis for review. You will be notified if additional information is required. Thank you. Linda Lewis, E.I. Environmental Engineer III Division of Energy, Mineral and Land Resources Department of Environmental Quality 910-796-7215 Office Iinda.lewis(cDncdenr.4ov Wilmington Regional Office 127 Cardinal Drive Extension Wilmington, INC 28405 r ''Nothing Compares . Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. DESIGN NARRATIVE FOR LANDFALL LAKE STORMWATER MODIFICATION NEW HANOVER COUNTY, N.C. August2018 TABLE OF CONTENTS 1.0 PROJECT DESCRIPTION 2.0 SITE DESCRIPTION 3.0 ADJACENT PROPERTY 4.0 DRAINAGE CONSIDERATIONS 5.0 EROSION CONTROL CONSIDERATIONS 6.0 CONSTRUCTION SCHEDULE FDVE 7.0 VEGETATION PLAN OCTI Z ZOiB 8.0 MAINTENANCE PLAN 8Y: 5�j $ g51z10 APPENDIX IMPERVIOUS AREA TOTALS DETENTION POND SIZING CALCULATIONS OUTLET STRUCTURE DETAIL SURVEY SEAL s a PE 0239V 41 4�y'� L%pQ?;.. hu.an 8.3u'l8 Landfall Lake August 2018 C4—•,y � - � '. �'. i 1. Project Description: Landfall Lake was permitted and constructed in 1998 for the development of residential lots in Landfall. The high density permit coincided with other environmental permits for the development including a USACE Wetland Mitigation. To accomplish all of the regulatory goals, the Landfall Lake was designed to have varying water depths, vegetative shelves, and undisturbed protected wetland zones. The overall average pond depth used was 5 feet to determine the stormwater surface area/drainage area ratios. There was originally to be a grassed footpath constructed around the entire pond. At some point after original construction was completed, the footpath was converted to an 8' wide concrete walkway with one bridge crossing over surface waters. This permit modification is to document the amount of additional impervious slrtface. area created by the concrete sidewalk and the existing conditions of the pond will accommodate such addition. Impervious area added by this modification will be 36,800 square feet 2. Site Description: The project site is in New Hanover County, NC, located between Military Cutoff Road and Eastwood road. Landfall Lake is found off of Arboretum Drive and Harborway Place. The lake is mostly internal to the residential lots and receives flow from the piped collection system at many locations around the lake. The outlet structure is located on the Southeast end and discharges to the old Horseshoe Lake which is connected to the Intracoastal Waterway. General slope of the site is from west to east towards the rear of the site. Land use in the vicinity of the lake is residential. 3. Adjacent Property: The areas adjacent to the project site are light commercial. 4. Drainage Considerations: Right Angle Engineering had the existing wet detention basin surveyed to determine the pertinent measurements that pertain to the existing permit. Survey is provided. We did not evaluate the collection system or amounts of built upon area outside the pond limits. The overall site slopes northwest to southeast towards the ICWW. Internal collection system directs runoff to many pipe inlets into the lake. The lake was part of a wetland mitigation, but was also used to meet Coastal Stormwater rules to manage the 1.5" runoff of impervious areas. The wet detention basin was also sized to provide detention of the pre -construction and post -construction runoff difference and meet the 90% TSS water quality requirements and also control the 50-yr and 100-yr rainfall events. This permit modification only checks the additional impervious area for the 1.5" runoff storage requirement. The existing structures, control pipes, and surfaces areas all meet the original permit conditions without any modifications. All slopes around the pond are stabilized and no disturbance will be necessary. Landfall Lake August 2018 IMPERVIOUS AREA TOTALS Site Data Landfall Lake Total Area acres 0,913, 10,913,088 SF Coastal Wetland Area 0.00 acres _ 0 SF Total Project Area 250.53 acres 10,913,088 SF — Total Site Area Density Built Upon Area 34.9% _ (Impervious Area of All Development divided by Total Project Area) Project Area Disturbed Limits 0.00 acres Existing Impervious Area _ 3774475 sf 86.65 AC (to remain) New Residential -Blocks 36, 37, and 46 385942 sf 8.86 AC Existing Residential -Blocks 1-5, and 12 _ 1653538 sf 37.96 AC Future Residential -Landfall II Subdivision 892109 sf 20.48 AC _ Drayton Point 229997 sf 5.28 AC Tract B of former MF tract 295337 sf 6.78 AC _ Excess impervious from Drayton Point 317552 sf 7.29 AC Proposed Impervious Area 36800 sf 0.84 AC (All onsite Impervious) 8' wide sidewalk around Landfall Lake 36800 sf 0.84 AC Total Proposed Impervious Area for Site 3811275 sf 87.49 AC _ Right Angle Engineering, P.C. DRAINAGE AREA #1 8/29/2018 Landfall Lake Detention Pond Calculations Proposed Drainage Area = 250.53 acres Impervious Area= 87,49 acres Percent Impervious= 34.9% Proposed Pond Avg. depth = 5.00 it by Option 2 TSS removal = 90% SA/DA = 2.494 % From SA/DA tables in Supplement (No vegetative filter required) Minimum Required Surface Area at Permanent Pool: = 0.0249 250.53 43560 = 272172 sf Calculate Runoff Volume for 1.5" runoff Minimum Required Volume for 1.5" of Pervious Pavements (Schueler Method, see calculations): Rv = 0.05 t 0,009' (34.92) = 0.3643 Downstream Surface Water Class: C Required Runoff Depth = 1.5 inch Volume =(1.5'712")' 0.3643 250.53 '43560= 496975.2 it' Total Temporary Storage Volume Required= 496975 CF Estimate Pond Size= 500 Ft x 1000 = 500000 SF Actual Surface Area Provided at PP = 419278 > 272172 ���/ Elev. 3.63 fl LJ^ Need at Least 496975 fill of storage/ 419278 1.165 ft ,�q�* 01( Elevation of Temporary Pool = Yr Y Therefore, guess 1.30 fit = 1.30 fit 4.93 ff Actual Surface Area at 4.9 = 502031 sf Temporary Storage Volume Provided = 598851 113 actual vs. design of: 496975 fl? Orifice Sizing Oi = 496975 / 172800 = 2.876 cis (Flowrate required for a 2 day dawdown) Os = 496975 / 432000 = 1.150 cis (Flowrafe required for a 5 day dmwdown) as = 0.97180 sf as= 0.388722 sf Choose a Circular Orifice, Average Head = (1.30-(1/2)-(2iN12)/3 = 0.378 ft dia (in) = 4 a = pi(02) : 0.0873 sf Number of Pipes = 6 0 = Ca(2gh)A.5 = 1,5496 cis 2.876 cfs > 1.549B cfs > 1.150 cfs Choose a Circular Orifice, Average Head = (1.30-(1/2)'(4in/12)/3 = 0.392 it dia (in) = 3 a = pi(rA2) : 0,04909 sf Number of Pipes = 6 0 = Ca(2gh)A.5 = 0.8875 cfs 2.876 cfs > 0.8875 cfs < 1.150 cfs Therefore, use a 64" Orifices Drawdown time = 4.47 days Page 1 Landfall Lake Surface Areas Contour ft Area SF Incr. Vol. CF Accum. Vol. CF 3.6 1 419278 0 0 4.5 490000 395536 395536 4.9 502031 213287 608823 Perm Pool Temp. Pool Weir *Elevations based on survey by McKim&Creed July 2018 Datum is Nav 88. Prior permitting datum was Nav 29. Number Applicable Rules: ❑ Coastal SW -1995 ❑ Coastal SW - 2008 ❑ Ph 11- Post Construction (select all that apply) ❑ Non -Coastal SW- HQW/ORW Waters ❑ Universal Stormwater Management Plan ❑ Other WQ Mgmt Plan: State of North Carolina Department of Environment and Natural Resources Division of Energy, Mineral and Land Resources STORMWATER MANAGEMENT PERMIT APPLICATION FORM 77tis form may be photocopied for use as an original 1. GENERAL INFORMATION I. Project Name (subdivision, facility, or establishment name -should be consistent with specifications,.letters, operation and maintenance agreements, etc.): 2. Location of Project (street address): Landfall Subdivision BY: City:Wilmington County:New Hanover Zip:28405 3. Directions to project (from nearest major intersection): Millitary Cutoff Drive to Arboretum Drive. Left on Harborway Place At end of cut de sac 4. Latitude:34° 14' 09" N I.ongitude:77° 4T 55" W of the main entrance to the project. 11. PERMIT INFORMATION: 1. a. Specify whether project is (check one): ❑New ®Modification ❑ Renewal w/ Modification[ iRenewals with modifications also requires SWU-102 - Renewal Application Form b.If this application is being submitted as the result of a modification to an existing permit, list the existing permit numberSW8 951210 , its issue date (if known)4/30/2008 and the status of construction: ❑Not Started ❑Partially Completed* ® Completed' "provide a designer's certification 2. Specify the type of project (check one): ❑Low Density ®High Density ❑Drains to an Offsite Stormwater System ❑Other 3. If this application is being submitted as the result of a previously returned application or a letter from DEMLR requesting a state stormwater management permit application, list the stormwater project number, if assigned, and the previous name of the project, if different than currently proposed, 4. a. Additional Project Requirements (check applicable blanks; information on required state permits can be obtained by contacting the Customer Service Center at 1-877-623-6748): ❑CAMA Major ❑Sedimentation/Erosion Control: ac of Disturbed Area ❑NPDFS Industrial Stormwater ❑404/401 Permit: Proposed Impacts b.lf any of these permits have already been acquired please provide the Project Name, Project/Permit Number, issue date and the type of each permit: 5. Is the project located within 5 miles of a public airport? ❑No Ryes If yes, see S.L. 2012-200, Part Vl: htto://portal.ncdenr.org/web/Ir/rules-and-regulations Fonn SWU-101 Version Oct. 31, 2013 Page I of 6 111. CONTACT INFORMATION 1. a. Print Applicant / Signing Official's name and title (specifically the developer, property owner, lessee, designated government official, individual, etc. who owns the project): Applicant/Organization:Landfall Subdivision II Owner's Association Signing Official & Title:_ b.Contact information for person listed in item I above: y Street Address:1749 Drysdale Drive City:Wilmington State:NC Zip:28405 Mailing Address (if applicable): State: Phone: (910 ) 256-7604 Fax: (910 1 256-7662 Emaii:siiughes@landfall.org c. Please check the appropriate box. The applicant listed above is: ® The property owner (Skip to Contact Information, item 3a) ❑ Lessee* (Attach a copy of the lease agreement and complete Contact Information, item 2a and 2b below) ❑ Purchaser* (Attach a copy of the pending sales agreement and complete Contact Information, item 2a and 2b below) ❑ Developer* (Complete Contact Information, item 2a and 2b below.) 2. a. Print Property Owner's name and title below, if you are the lessee, purchaser or developer. (This is the person who owns the property that the project is located on): Property Owner/i Signing Official & b.Contact information for person listed in item 2a above: Street Address: Mailing Address (if. Phone: State: State: Zip: Fax: OCT 0 2 2018 3. a. (Optional) Print the name and title of another contact such as the project's construction supervisor or other person who can answer questions about the project: Other Contact Person/Orpanization Signing Official & Title: b.Contact information for person listed in i em 3a above: Mailing Address: z%y9 0%G4e .f5w . City: /i Al- State: -1 - C . Zip: A-Or2'0 S Phone: ( /(] ) r �— 760'Fax: L�?lO Email: �ft��o 4. Local jurisdiction for building permits: New Hanover County Point of Contact:Nicholas Gadzekpo Phone #: (910 ) 798-7456 CU161 Form SWU-101 Version Oct. 31, 2013 Page 2 of 6 9 t 1 l 1 IV. PROJECT INFORMATION 1. In the space provided below, briefly summarize how the stormwater runoff will be treated. The existing wet detention basin was designed and constructed in coniuction with a USACE wetland mitigation. The lake has forebays high vegetation shelves and deep areas for an average depth of 5 feet Six 4" diameter orifices control the temporary pool 2. a. If claiming vested rights, identify the supporting documents provided and the date they were approved: ❑ Approval of a Site Specific Development Plan or PUD Approval Date: ❑ Valid Building Permit Issued Date: ❑ Other: Date: b.lf claiming vested rights, identify the regulation(s) the project has been designed in accordance with: ❑ Coastal SW -1995 ❑ Ph II - Post Construction 3. Stonnwater runoff from this project drains to the White Oak River basin. 4. Total Property Area: 250.53 acres 5. Total Coastal Wetlands Area: acres 6. Total Surface Water Area: acres 7. Total Property Area (4) -Total Coastal Wetlands Area (5) - Total Surface Water Area (6) = Total Project Area+:250.53 acres Total project area shall be calculated to exclude the ollowing the nornnal cool o inn rounded structures, the area between the banks of streams and rivers, the area below the Normal Higgh Water (N= line or Mean High Water (MHW) line, and coastal wetlands landward from the NHW (or MHW) line. The resultant project area is used to calculate overall percent built upon area (BUA). Nan -coastal wetlands landward of the NHW (or MHW) line may be included in the total project area. 8. Project percent of impervious area: (Total Impervious Area / Total Project Area) X 100 = 34.92 % 9. How many drainage areas does the project have71 (For high density, count ] for each proposed engineered stornaoater BMP. For low density and other projects, use ] for the whole property area) 10. Complete the following information for each drainage area identified in Project Information item 9. If there are more than four drainage areas in the project, attach an additional sheet with the information for each area provided in the same format as below. Basin Information Drainage Area 1 Drainage Area Drabna a Area Drainage Area Receiving Stream Name Horseshoe Lake _ Stream Class * C o, Stream Index Number * Total Drainage Area (so 10,913,088 #11OCT 0 2 ZUl On -site Drainage Area (so 10,913,088 1101 Off -site Drainage Area (so 0 BY: Proposed Impervious Area** (so 3,811,275 % Impervious Area** total 34.92 Im ervious" Surface Area Drainage Area 1 Drainage Area_ Drainage Area_ Drainage Area On -site Buildings/Lots (so On -site Streets (so On -site Parking (so On -site Sidewalks (so 36,800 Other on -site (so Future (so Off -site (so Existing BUA*** (so 3,774,475 Total (so: 3,811,275 Strewn uass and undex Number can be detennined at: Idtv://portaLncdernr.or hoq ebfurq(ps/csu/classificatious Impervious area is defined as the built upon area including, but not limited to, buildings, roads, parking areas, sidewalks, gravel areas, etc. Report only that amount ofevisting BUA that will remain after development. Do not report any existing BUA that is to be removed and which will be replaced by neo BUA. Form SWU-101 Version Oct. 31, 2013 Page 3 of 6 11. How was the off -site impervious area listed above determined? Provide documentation. None Protects in Union County: Contact DEMLR Central Office staff to check if the project is located within a Threatened & Endangered Species watershed that maybe subject to more stringent stormwater requirements as per 15A NCAC 02B .0600. V. SUPPLEMENT AND O&M FORMS The applicable state stormwater management permit supplement and operation and maintenance (O&M) forms must be submitted for each BMP specified for this project. The latest versions of the forms can be downloaded from http://portal.ncdenr.orR/web/w(i/ws/su/bmp-manual. Vl. SUBMITTAL REQUIREMENTS Only complete application packages will be accepted and reviewed by the Division of Energy, Mineral and Land Resources (DEMLR). A complete package includes all of the items listed below. A detailed application instruction sheet and BMP checklists are available from http://portal.ncdenr.org/web/wg/ws/so/statesw/forms dots. The complete application package should be submitted to the appropriate DEMLR Office. (The appropriate office may be found by locating project on the interactive online map at http://portal.ncdenr.org/web/wq/ws/su/maps.) Please indicate that the following required information have been provided by initialing in the space provided for each item. All original documents MUST he signed and initialed in blue ink. Download the latest versions for each submitted application package from http://portal.ncdenr.org/web/wq/ws/su/statesw/forms does. Initials 1. Original and one copy of the Stormwater Management Permit Application Form. 2. Original and one copy of the signed and notarized Deed Restrictions & Protective Covenants Form. (if required as per Part Vll below) 3. Original of the applicable Supplement Form(s) (sealed, signed and dated) and O&M agreement(s) for each BMP. 4. Permit application processing fee of $505 payable to NCDENR. (For an Express review, refer to littp://www.enviielp.org/pages/onestopexpress.htmI for information on the Express program and the associated fees. Contact the appropriate regional office Express Permit Coordinator for additional information and to schedule the required application meeting.) 5. A detailed narrative (one to two pages) describing the stormwater treatment/ ma nagementfor the project. This is required in addition to the brief summary provided in the Project Information, item 1. 6. A USGS map identifying the site location. If the receiving stream is reported as class SA or the receiving stream drains to class SA waters within rh mile of the site boundary, include the 1h mile radius on the map. 7. Sealed, signed and dated calculations (one copy). 8. Two sets of plans folded to 8.5" x 14" (sealed, signed, & dated), including: a. Development/Project name. b. Engineer and firm. E C E I� q9n E c. Location map with named streets and NCSR numbers. d. Legend. e. North arrow. OCT 0 2 2018 f. Scale. g. Revision number and dates. By, h. Identify all surface waters on the plans by delineating the normal pool elevation of impounded structures, the banks of streams and rivers, the MHW or NHW line of tidal waters, and any coastal wetlands landward of the MHW or NHW lines. • Delineate the vegetated buffer landward from the normal pool elevation of impounded structures, the banks of streams or rivers, and the MHW (or NHW) of tidal waters. i. Dimensioned property/project boundary with bearings & distances. j. Site Layout with all BUA identified and dimensioned. k. Existing contours, proposed contours, spot elevations, finished floor elevations. 1. Details of roads, drainage features, collection systems, and stormwater control measures. m. Wetlands delineated, or a note on the plans that none exist. (Must be delineated by a qualified person. Provide documentation of qualifications and identify the person who made the determination on the plans. n. Existing drainage (including off -site), drainage easements, pipe sizes, runoff calculations. o. Drainage areas delineated (included in the main set of plans, not as a separate document). Form S WU-101 Version Oct. 31, 2013 Page 4 of 6 p. Vegetated buffers (where required). 9. Copy of any applicable soils report with the associated SHWT elevations (Please identify _ elevations in addition to depths) as well as a map of the boring locations with the existing elevations and boring logs. Include an 8.5"xll" copy of the NRCS County Soils map with the project area clearly delineated. For projects with infiltration BMPs, the report should also include the soil type, expected infiltration rate, and the method of determining the infiltration rate. (Infiltration Devices submitted to WiRO: Schedule a site visit for DEMLR to verifij the SHWT prior to submittal, (910) 796-7378.) 10. A copy of the most current property deed. Deed book: Page No: 11. For corporations and limited liability corporations (LLC): Provide documentation from the NC _ Secretary of State or other official documentation, which supports the titles and positions held by the persons listed in Contact Information, item la, 2a, and/or 3a per 15A NCAC 21-1.1003(e). The corporation or LLC must be listed as an active corporation in good standing with the NC Secretary of State, otherwise the application will be returned. ll!w://www.secretary.state.nc.us/Corporations/CSearch.aspx VIL DEED RESTRICTIONS AND PROTECTIVE COVENANTS For all subdivisions, outparcels, and future development, the appropriate property restrictions and protective covenants are required to be recorded prior to the sale of any lot. If lot sizes vary significantly or the proposed BUA allocations vary, a table listing each lot number, lot size, and the allowable built -upon area must be provided as an attachment to the completed and notarized deed restriction form. The appropriate deed restrictions and protective covenants forms can be downloaded from http:/IportaI.ncdenr.org/web/Ir/state-stormwater- forms does. Download the latest versions for each submittal. In the instances where the applicant is different than the property owner, it is the responsibility of the property owner to sign the deed restrictions and protective covenants form while the applicant is responsible for ensuring that the deed restrictions are recorded. By the notarized signature(s) below, the permit holder(s) certify that the recorded property restrictions and protective covenants for this project, if required, shall include all the items required in the permit and listed on the forms available on the website, that the covenants will be binding on all parties and persons claiming under them, that they will run with the land, that the required covenants cannot be changed or deleted without concurrence from the NC DEMLR, and that they will be recorded prior to the sale of any lot. V►ll. CONSULTANT INFORMATION AND AUTHORIZATION Applicant: Complete this section if you wish to designate authority to another individual and/or firm (such as a consulting engineer and/or firm) so that they may provide information on your behalf for this project (such as addressing requests for additional information). Consulting Engineer:W. Shane Liovard Consulting Firm: Right Angle Engineering, PC Mailing Address:212 Princess Street City:Wilmington Phone: (910 ) 251-8544 1,maiI:raepcs]@Mlsouth.net State:NC Zip:28401 Fax: (910 ) 251-2208 IX. PROPERTY OWNER AUTHORIZATION (if Contact Information, item 2 has been filled out, complete this section) I, (print or type name of person listed in Contact Information, item 2a) certify that I own the property identified in this permit application, and thus give permission to (print or hjpe narne of person lister! in Contact Information, item la) with (print or type nanne of organization listed in Contact Information, item ]a) to develop the project as currently proposed. A copy of the lease agreement or pending property sales contract has been provided with the submittal, whicht �indicates th party responsible for the operation and maintenance of the stormwater system. If111G1L r t1=UvF I OCT 0 2 Iota BY:_----- Form S WU-101 Version Oct. 31, 2013 Page 5 of 6 As the legal property owner I acknowledge, understand, and agree by my signature below, that if my designated agent (entity listed in Contact Information, item 1) dissolves their company and/or cancels or defaults on their lease agreement, or pending sale, responsibility for compliance with the DEMLR Stormwater permit reverts back to me, the property owner. As the property owner, it is my responsibility to notify DEMLR immediately and submit a completed Name/Ownership Change Form within 30 days; otherwise I will be operating a stormwater treatment facility without a valisppermit. I un r tand that the operation of a stormwater treatment facility without a valid permit is vi ti f N I Statue 143-215.1 and may result in appropriate enforcement action including the ass of rvi s of up to $25,000 per day, pursuant to NCGS 143- 15.6. y Signature: Date: �� S �Gl a Notary Public for the State ofq(,Y4'l1 QwQ (- u4 County of �Swl do hereby certify thatDF V-0. "kAA'-e S personally appeared before me this=day of iJWrVt2,/ 1 and acknowledge the ,due JJ execution of the application for a stormwater permit. Witness my hand and official seal,r%lr\1 Allison 0 Kasper Notary Public Brunswick Co. NO X. APPLICANT'S CERTIFICATION SEAL My commission expires 5II9,I na3 I, (print or type name of person listed in Contact Information, item 1a) ]am e5 A(Ir +Z certify that the information included on this permit application form is, to the best of my knowledge, correct and that the project will be constructed in conformance with the approved plans, that the required deed restrictions and protectiv ov nants will be recorded, and that the proposed project complies with the requirements of the applicable s rm ater rules under 15A NCAC 2H .1000 and any other applicable state stormwater requirements. Signature: Date: a Notary Public for the State of 9CCA-i l Ca tr C (i u¢c County of -4Y"nA0I LAC , do hereby certify that e5 �Q ty personally appeared before me this day of WG'W-vu rw✓ 2015 , and acknowledge the due execution of the application for a stormwater permit. Witness my hand and official seal,l���j l %or"t 6 � 40pk' Allison B Kasper Notary Public Brunswick Co. NC SEAL My commission expires 51 ( ?) 1 aoa3 Form SWU-101 Version Oct. 31, 2013 Page 6 of 6 CO V" -AL'K f men, brp;!rp;ic I y'i n "'7- P:ni �nrc As the legal property owner I acknowledge, understand, and agree by my signature below, that if my designated agent (entity listed in Contact Information, item 1) dissolves their company and/or cancels or defaults on their lease agreement, or pending sale, responsibility for compliance with the DEMLR Stormwater permit reverts back to me, the property owner. As the property owner, it is my responsibility to notify DEMLR immediately and submit a completed Name/Ownership Change Form within 30 days; otherwise I will be operating a stormwater treatment facility without a valid permit. I understand that the operation of a stormwater treatment facility without a valid permit is a violation of NC General Statue 143-215.1 and may result in appropriate enforcement action includinj/K+sessment of civil penalties of up to $25,000 per clay, pursuant to NCGS 143-215.6. Signature: DatdaGl,' %i aG/eF t5 CL 9 �t a Notary Public for the State of[�,f�ilC14xCounty of do hereby certifythat�'n' nrL k!i' personally appeared before me thisItday of _aa A-2� —0 �, and acknowledge the due execution of the application for J //���� P&C — a stormwater permit Witness my hand and official seal,L�tCqir�>AYl <� SEAL Allison B Kasper Notary Public Brunswick k Co., NO My commission expires_5 � (D Q c X. APPLICANT'S CERTIFICATION I, (print or type name of person listed in Contact Information, itent la) Stephen D. Hughes certify that the information included on this permit application form is, to the best of my knowledge, correct and that the project will be constructed in conformance with the approved plans, that the required deed restrictions and protective covenants will be recorded, and that the proposed project complies with the requirements of the applicable stormwater rul s nd 15A NCA 2H 0 and any other applicable state stormwater r uirements. Signature: -- Date: % oZo i I, LN Srr P-�' la aC�N'�otary Public for the State ofNoy-th C a4 ro l� U� County of t�L doherebycertify that s2�S{ ilne.(\ Q lG .S personally appeared before me this day of(A"" —S} �1�J , and acknowledge the due execution of the application for a stormwater permit. Witness my hand and official seal, \ t. � -snA L-), Allison B Kasper Notary Public Brunswick Co. NC SEAL My commission expires �i 3 '0'5 U vV E OCT 0 2 2018 BY. Form S WU-101 Version Oct. 31, 2013 Page 6 of 6 Permit Number: S(t) 9 951210 (to be provided by DWQ) Drainage Area Number: Wet Detention Basin Operation and Maintenance Agreement I will keep a maintenance record on this BMP. This maintenance record will be kept in a log in a known set location. Any deficient BMP elements noted in the inspection will be corrected, repaired or replaced immediately. These deficiencies can affect the integrity of structures, safety of the public, and the removal efficiency of the BMP. The wet detention basin system is defined as the wet detention basin, pretreatment including forebays and the vegetated filter if one is provided. This system (check one): ❑ does ® does not incorporate a vegetated filter at the outlet. ECEUVE This system (check one): OCT 0 2 2018 ❑ does ® does not incorporate pretreatment other than a foreTy. Important maintenance procedures: — Immediately after the wet detention basin is established, the plants on the vegetated shelf and perimeter of the basin should be watered twice weekly if needed, until the plants become established (comtnonly six weeks). — No portion of the wet detention pond should be fertilized after the first initial fertilization that is required to establish the plants on the vegetated shelf. — Stable groundcover should be maintained in the drainage area to reduce the sediment load to the wet detention basin. If the basin must be drained for an emergency or to perform maintenance, the flushing of sediment through the emergency drain should be minimized to the maximum extent practical. — Once a year, a dam safety expert should inspect the embankment. After the wet detention pond is established, it should be inspected once a month and within 24 hours after every storm event greater than 1.0 inches (or 1.5 inches if in a Coastal County). Records of operation and maintenance should be kept in a known set location and must be available upon request. Inspection activities shall be performed as follows. Any problems that are found shall be repaired immediately. BMP element: Potentialproblem: How I will remediate theProblem: The entire BMP Trash debris is present. Remove the trash debris. The perimeter of the wet detention basin Areas of bare soil and/or erosive gullies have formed. Regrade the soil if necessary to remove the gully, and then plant a ground cover and water until it is established. Provide lime and a one-time fertilizer a lication. Vegetation is too short or too Maintain vegetation at a height of Ion a roximatel six inches. Fonn SW401-Wet Detention Basin O&M-Rev.4 Page I of 4 Permit Number: (to be provided by DWn) Drainage Area Number: BMP element: Potentialproblem: How I will remediate theproblem: The inlet device: pipe or The pipe is clogged. Unclog the pipe. Dispose of the Swale sediment off -site. The pipe is cracked or Replace the pipe. otherwise damaged. Erosion is occurring in the Regrade the Swale if necessary to Swale. smooth it over and provide erosion control devices such as reinforced turf matting or riprap to avoid future problems with erosion. The forebay Sediment has accumulated to Search for the source of the a depth greater than the sediment and remedy the problem if original design depth for possible. Remove the sediment and sediment storage. dispose of it in a location where it will not cause impacts to streams or the BMP. Erosion has occurred. Provide additional erosion protection such as reinforced turf matting or riprap if needed to prevent future erosion problems. Weeds are present. Remove the weeds, preferably by hand. If pesticide is used, wipe it on the plants rather than spraying. The vegetated shelf Best professional practices Prune according to best professional show that pruning is needed practices to maintain optimal plant health. Plants are dead, diseased or Determine the source of the dying. problem: soils, hydrology, disease, etc. Remedy the problem and replace plants. Provide a one-time fertilizer application to establish the ground cover if a soil test indicates it is necessary. Weeds are present. Remove the weeds, preferably by hand. If pesticide is used, wipe it on the plants rather than spraying. The main treatment area Sediment has accumulated to Search for the source of the a depth greater than the sediment and remedy the problem if original design sediment possible. Remove the sediment and storage depth. dispose of it in a location where it will not cause impacts to streams or the BMP. Algal growth covers over Consult a professional to remove 50% of the area. and control the algal growth. Cattails, phragmites or other Remove the plants by wiping them invasive plants cover 50% of with pesticide �cjgrpo ray). the basin surface. I -- �Vf 1� R I OCT 0 2 2018 U1 Form SW401-Wet Detention Basin O&M-Rev.4 6U " Page 2 of 4 Permit Number: (to be provided by DVYQ) Drainage Area Number: BMP element: Potentialproblem: How I will remediate the roblem: The embankment Shrubs have started to grow Remove shrubs immediately. - - on the enibankinent. -- — --- — --- — - -- - - Evidence of muskrat or Use traps to remove muskrats and beaver activity is present. consult a professional to remove beavers. A tree has started to grow on Consult a darn safety specialist to the embankment. remove the tree. An annual inspection by an Make all needed repairs. appropriate professional shows that the embankment needs repair. if applicable) The outlet device Clogging has occurred. Clean out the outlet device. Dispose of the sediment off -site. The outlet device is damaged Repair or replace the outlet device. The receiving water Erosion or other signs of Contact the local NC Division of damage have occurred at the Water Quality Regional Office, or outlet. the 401 Oversight Unit at 919-733- 1786. The measuring device used to determine the sediment elevation shall be such that it will give an accurate depth reading and not readily penetrate into accumulated sediments. When the permanent pool depth reads 55:0 feet in the main pond, the sediment shall be removed. When the permanent pool depth reads 55:0 feet in the forebay, the sediment shall be removed. Sediment Removal .. =I EGENF-t NOV 9 6 2096 -1_37 1 ----------------- FOREBAY BASIN DIAGRAM (fill in the blanks) ' ft Min. Sediment Storage Permanent Pool Elevation 3.63 Pool Sediment Removal Elevation -1_37 Volun ---------------------- - ------------- Bottom MAIN POND 1-ft Storage Form SW401-Wet Detention Basin O&M-Rev.4 Page 3 of 4 Permit Number: (to be provided by DWQ) I acknowledge and agree by my signature below that I am responsible for the performance of the maintenance procedures listed above. I agree to notify DWQ of any problems with the system or prior to any changes to the system or responsible party. Project name:Landfall Lake BMP drainage area number:DA-1 Print name:Steohen D. Hughes 'ritle:Association Manager Address:1749 Drysdale Drive, Wilmington NC 28405 Note: The legally responsible party should not be a homeowners association unless more than 50% of the lots have been sold and a resident of the subdivision has been named the president. 11 OAki ct) ,k CV� , a Notary Public for the State of [� C 1 \ , County of �Y� emSW� L(L , do hereby certify that 1�1�. & rj personally appeared before me this day of AUj ka <+ and acknowledge the due execution of the forgoing wet detention basin maintenance requirements. Witness my hand and official seal, Oi—L -fit' 1 2 I &) �Se,.,- Allison B K=blic Notary Pu Brunswick C SEAL My commission expires 4 1 k & 1 a0a3 FOEWE OCT 0 2 2018 Form SW401-Wet Detention Basin O&M-Rev.4 Page 4 of 4 Lewis,Linda q'S!2IC) From: Steve <shughes@landfall.org> Sent: Tuesday, September 04, 2018 8:36 AM To: coa@landfall.org Cc: Lewis,Linda; Samuel B. Franck - 4835, Amy P. Wang - 5516; Sandy Slocum; Mary McKenna Subject: [External] Re: Clogged Orifice - Landfall Lake Attachments: 20180904_081640.jpg Good morning everyone. I am not sending this to Mr. Mitchell or Mrs Beall it will only cause problems and that is the last thing in the world I want to do.[ appreciate Mr Mitchell's help and concern. All orifices are open and were open and lake is at desired level. Water moving thru the orifices still due to the heavy irrigation occurring around around property with many irrigation heads watering streets and driveways. I will continue to do my best to educate everyone. Linda you should have received our package from Shane on Friday. Have a great week everyone. Steve Best regards: Steve Stephen D.Hughes C.O.O. Landfall C.O.A. -------- Original message -------- From: Steve <shughes@landfall.org> Date: 9/2/18 1:26 PM (GMT-05:00) To: Baker Mitchell <bamjr@rogerbacon.net>, coa@landfall.org Cc: linda.lewis@ncdenr.gov, Cheryl Beall <cbeaII1223@gmail.com> Subject: Re: Clogged Orifice - Landfall Lake Good afternoon Baker.This is part of our monthly inspection of the lake. Do to the fact it's a holiday weekend the inspection will take place on Tuesday. I appreciate you pointing this out. Please don't hesitate to contact me if you notice anything else. Have a wonderful holiday weekend. I hope you and your family are doing well. Steve Best regards: Steve Stephen D.Hughes Lewis,Linda From: Steve <shughes@landfall.org> Sent: Sunday, September 02, 2018 1:27 PM To: Baker Mitchell; coa@landfall.org Cc: Lewis,Linda; Cheryl Beall Subject: [External] Re: Clogged Orifice - Landfall Lake Good afternoon Baker.This is part of our monthly inspection of the lake. Do to the fact it's a holiday weekend the inspection will take place on Tuesday. I appreciate you pointing this out. Please don't hesitate to contact me if you notice anything else. Have a wonderful holiday weekend. I hope you and your family are doing well. Steve Best regards: Steve Stephen D. Hughes C.O.O. Landfall C.O.A. -------- Original message -------- From: Baker Mitchell <bamjr@rogerbacon.net> Date: 9/2/18 1:01 PM (GMT-05:00) To: coa@landfall.org Cc; linda.lewis@ncdenr.gov, Cheryl Beall <cbeall1223@gmail.com> Subject: Clogged Orifice - Landfall Lake September 2, 2018 Mary McKenna, Chair Landfall Council of Associations 1749 Drysdale Drive Wilmington, NC 28405-4246 Re: Landfall Lake Dear Mary: This letter is to alert you of the possible need for corrective action to unclog and clear the seven 4" pipes that are the controlling orifice for Landfall Lake — Permit No. SW8 951210. Several months of rain raised the level of the lake well above its Permanent Pool Elevation of 5' above Mean Sea Level (5' MSL). However there has been no appreciable rain for a number of weeks, yet the lake's temporary pool elevation remains above 5'. Usually water can be heard rushing out of the orifice, but only a modest flow can be heard at present. The orifice may be substantially clogged and not allowing the lake to drawdown to its designed permanent pool within the desired time frame. The Maintenance Agreement with NC DWQ in paragraph 1.b. states: Because we are in hurricane season and may have some heavy rainfall events in the next several months, it is important that the level be returned to 5' MSL to have as much as possible of the designed temporary storage volume available for such an event. Please let me know when you plan to check the orifice and allow the lake to drawdown to its permitted Permanent Pool Elevation of 5' in the 2-5 days as designed. Thank you very much. Sincerely, Baler A. Mitchell, Jr., Resident CC: Cheryl Beal, Director, NENHC; Linda Lewis, NCDENR RIGHT ANGLE uu ENGINEERING, PC 212 Princess Street Wilmington, NC 28401 Tel. (910) 251-8544 Fax (910) 251-2208 August 30, 2018 Linda Lewis, Environmental Engineer NCDEQ -DEMLR 127 Cardinal Dr. Bxt., Wilminglon, NC 28405 Re: Landfall Lake Stonnwater Permit Modification SW8 951210 New Hanover County, NC R� �eti W k—CEA r'E AUG 3 0 2018 k Mrs. Lewis, ,J�' Enclosed is a Permit Modification to e Existing S[ormwater Permit for Landfall Lake. This revision is to document as -built con itions and adding the impervious area of the concrete sidewalk that circles the Lake.. Nq new or proposed t3UA is in this modification and no new construction or alterations to existing facilities is proposed. We have included two copies of the Application form, O&M Form, calculations, narrative, fee, and two copies of the as -built survey. please feel free to contact us at anytime if there are any questions. Sincerely, 5. 4`-" Shane Lippard, P.B. Vice President Right Angle Engineering Cc: Steve Hughes, COO, Landfall COA M ECEIVE OCT 0 2 2018 BY: � N .y' r P y� T ^ ^ �'...1 �...- � L A 1 . f n,n 9j,�'": r�.i Application Completeness Review Checklist Project Name: �Ccnpi �!ti0 / ice Sjc_e;L I d Date Delivered to WIRO: J odd BIMS Received/Accepted Date: j.61 Project County/Location: *BIMS Acknowledged Date: Rule(s): Permit Action: Permit Type General Per n SCM Type(s): I E12008 Coastal ®1995 Coastal ajar Mo Min N1 cdl Renewal / Transfer erall / HD &LD Combo Offsite / Exempt / Rescission Type: CommercialQ Residence/ other bdivided?: Subdivision or Single Lot r New or Transferred Permits Permittee is: PropertyOwner(s) DDeveloper Lessee ❑Purchaser®HOA Paperwork Emailed Engineer on: iversal 1 11988 Coastal **New Permit #: MSupplement(s) (1 original per BMP) ae&M with correct/original signatures (1 original per BMP except LS/VFS and swales) Application with correct/original signatures Corp or LLC: Sig. Auth. per SoS or Signature Authorization letter or report $505 (within 6mo) Check#(s): 13 / Cq FlNo Fee Soils Report: w/SHWT or General Report Calculations (signed/sealed) % ❑Deed Restrictions, if subdivided: ��ss����L�,`4 0**Signed & Notarized Template Recorded Covenants Recorded Plats LLTroject Narrative EIUSGS Map Plans Sets Vicinity Map Legend MDA Maps L_ )Existing Conditions 050% or more Lots Sold List AA 0i /nul L ,h 0 /6 Permit M L f u_ F�PE Cert on File? to SWB: Master PE Cert on File? Stream Class: _ MSA Map E]ORW Map ❑Email Address: Design Engineer Email Address: Property Owner ❑Deed Email Address: Lessee Lease Agreement Email Address: Purchaser Purchase Agreement Email Address: Developer. Email Address: HOA Representative Wetlands: Delineated or No Wetlands Project Boundaries Layout (proposed BUA dimensions) Details (roads, cul-de-sacs, curbs, sidewalks, BMPs, Buildings, etc) Landscape Plan FIE Seal REVIEWER NAME: NOTES TO REVIEWER: *Enter BIMS Acknowledged Date on this Sheet **FOR NEW Projects -Enter New Permit N on 4_ t Jt�_ Supplements & Deed Restiction Templates. GMQ\\\Reference Libra ry\Procedures\Checklists\Completeness Review Checklist 20180313 LeYs,Linda From: Lewis,Linda Sent: Monday, April 30, 2018 4:54 PM To: 'Steve' Subject: Su Sams, Dan Landfall Lake SW8 951 � UI S I2'O Steve Thanks for the certified letter. Your request for a time extension to August 1, 2018 to compile the necessary information and chart a course of action, is granted. Linda Lewis, E.I. Environmental Engineer III Division of Energy, Mineral and Land Resources Department of Environmental Quality 910-796-7215 Office linda.lewis(cDncdenr,gov Wilmington Regional Office 127 Cardinal Drive Extension Wilmington, NC 28405 "Nothing Compares. Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. t J,a.ldjd COUNCIL OF ASSOCIATIONS, INC. RECEIVED April 25, 2018 DEMLR C/O Linda Lewis 127 Cardinal Drive Extension Wilmington, NC 28405 Re: letter in regards to Landfall Lake dated April 191h, 2018 Dear Mrs. Lewis: APR 3 0 2018 NCDEO WILMINGTON RO Sf/C??S/2/v I am in receipt of your letter dated April 19th, 2018. My current plan of action is to receive bids from engineers to help us gather the information your agency is requesting, which at this time this process has already begun. If all the requested information cannot be found, an updated plan of action regarding those items will be provided to you. All other information that has been requested will be provided to you and your agency. I am currently being advised that this information will take a couple of months to compile. Would it be acceptable to have all the information to you no later than Wednesday, August 1st, 2018? Best Regards: Stephen D. s COO Landfall COA 1749 Drysdale Drive Wilmington, NC 28405 SDH/abk 1749 Drysdale Drive • Wilmington, North Carolina 28405 • Phone: (910) 256-7604 • Fax: (910) 256-7662 J0,j4dff COUNCIL OF ASSOCIATIONS, INC. 1749 DRYSDALE DRIVE WILMINGTON, NC 28405 RETURN RECEIPT REQUESTED 7016 2140 0000 9244 3427 DEMLR C/O Linda Lewis 127 Cardinal Drive Extension Wilmington, NC 28405 ytP PN z (� PITNEY BOgEB 02 1 P $ 006.6 ey0 0000827564 APR 26 2018 MAILED FROM ZIP CODE 28480 i... .....(7;�;r !i; ------------ ------ CERT STATE OF NORT11 CAROLINA, Department of Environmental Quality, 127 Cardinal Drive Extension, Wilmington, North Carolina 2R405 (910) 796-7215 FI LE, ACCESS RECORD DEQ SECTION: LEM Lie - S w REVIEW TIME / DATE : /4 1/2h+ &-06,-/5 NAM E:_Shah�pp�1 pE ��vl.:_PaeFc51�_he//Scicsfl�,nefi ItEI'ItES-N'TTNG: 400!1 PHONE: Guidelines for Access: The staff of Wilmington ✓Regional Office is dedicated to making public records in our custody readily available to the public for review and copying. We also have the responsibility to the public to safeguard these records and to carry out our clay -to -day program obligations. Please read carefully the following guidelines signing the form: Due to the large public demand for file access, we request that you call at least a day in advance to schedule an appointment to review the Files. Appointments will be scheduled between 9:00am and 3:00pnt. Viewing time ends at 4:45pnt. Anyone arriving without an appointment matt• view the files to the extent that time and staff supervision is available. 2. You must specify files you want to review by facility name. The number of Files that you may review at one time will be limited to five. 3 CAMA Major Permits are issued out of the Morehead City District Office. The COMPLETE file is in the Morehead 4. You may make copies of a file when the copier is not in use by the staff and if time permits. Cost per copy is S.05 cents. Payment an v be made by check, money order, or cash at the reception desk. 5. FILES :MUST BF KEPI' IN ORDER YOU FOUND THEM. Files may not be taken from the office. To remove, alter, deface, mutilate, or destroy material in one of these files is a misdemeanor for which ,you can be Fined up to S500.00. No briefcases, larjee totes etc. are permitted in the File review area. 6. Necessary large plan copies can be scheduled with Carnzron.Weayer'u nedencaov 919-796-7475 for a later date/time at an offsite location at your expense. Large plan copies needed should be attached on top of the file. Allways Graphics can be contacted to set up payment options. Written questions may be left with this completed form and a staff . member will be in contact with you IF you provide your.contact information where indicated above. In accordance with General Statue 25-3-512, a S25.00 processing fee will be charged and collected for checks on which navrnent has been refused. FACILITY NAME COUNTY 1. -5(1vp c75/2/d L..P,,cd7Fa// L-zke iV H 2. 5. Sig a arc and a c of Firm 3usmcss Dare M, 1/DD/ Y /3$ /�01 ' C) COPIES M1\DF1 U/yW3AID ME _iv_ Time In INVOICE Time Out GIADM/Shared/Pile Review Access Form rev 2018 STATE OF NORTH CAROLINA Department of Environmental Quality 127 Cardinal Drive Extension Wilmington, North Carolina 28405 (910)796-7215 FILE ACCESS RECORD DEQ SECTIOON:: D C. ' • Sw/ REVIEW TIME / DATE: Au N ME' P—) W EMAIL: / REPRESENTING: Guidelines for Access: The staff of Wilmington Regional Office is dedicated to making public records in our custody readily available to (he public for review and copying. We also have the responsibility to lire public to safeguard these records and to carry out our day-to-day program obligations. Please read carefully the following guidelines signing the form: Due to the large public demand for file access, we request that, you call at least a day in advance to schedule an appointment to review the files. Appointments will be scheduled between 9:00am and 3:00pm. Viewing time ends at 4:45pm. Anyone arriving without an appointment may view the files to the extent that time and stall'supervisimr is available. 2. You mus(. specify files you want to review by facility name. The number of files that you may review at one time will be limited to five. 3. You may make copies of a file when the copier is not in use by the staff and if time permits. Cost per copy is $.05 cents. Payment. may be made by check, money order, or cash at the reception desk. FILLS MUST RE KEPT IN ORDER YOU FOUND THEM. Piles may not be taken from the office, To remove, alter, deface, mutilate, or destroy material in one of these files is a misdemeanor for which you can be fined up to $500.00. No briefcases large totes etc. are permitted in the file review area. 5. f, Necessary large plan copies can be scheduled with Cameron.Weaver@ncdenr.gov 919-796-7475 for a later date/time at an offsite location at your expense. Large plan copies needed should be attached on top of the file. Allways Graphics can be contacted to set up payment options. Written Questions may be left with this completed form and t staff member Will be in contact with you IF you provide your contact information where indicated abov' e'. 6. in accordance with General Statue 25-3-512, a $25.00 processing fee will be charged and collected for checks on which payment has been refused. FACILITY NAME COUNTY I. S A W1QL �j (� 2. 3. 4. 5. Signature and Name of Firm/Business Date Time In Time Out COPIES MADE PAID INVOICE G:/ADM/Shared/File Rcview Access Form rev 2018 Lewis,Linda From: Sams, Dan Sent: Friday, April 13, 2018 2:36 PM To: Webster, Timothy J; Vinson, Toby, Lucas, Annette Cc: Scott, Georgette; Lewis,Linda; Weaver, Cameron Subject: RE: Landfall Lake Meeting Attachments: Landfall Lake 1997 Mitigation plan-04132018122407.pdf; Google map Landfall Lake.xps; RE: [External] Proposal for Landfall Lake Raleigh folks: Georgette Scott, Linda Lewis and I met with Baker Mitchell at his home on the lakefront of Landfall Lake this morning to determine the compliance status of the community's coastal stormwater system permitted under SW8 951210. The lake in question was an existing feature of the community before the issuance of the 1995 permit that was enlarged to provide additional surface area. The portion of the lake being used for stormwater storage volume is a volume band between the elevations of 5 and 6 feet MSL. The outfall structure of the lake has orifices established at 5 feet and a weir spillway at 6 feet. Apparently the Landfall Community Owners Association (COA) has recently lowered the water surface from something just shy of 6 feet down to the design 5 feet level. We don't know why it was higher, and when Linda had inspected it on February 15, the orifices were operating as designed and she do not observe any obstructions. The act of re-establishing the existing water surface elevation has exposed areas that Mr. Mitchell contends is accumulated sediment, but a plan sheet of a mitigation plan prepared by Hanover Design Services, PA, on February 27, 1997, shows essentially the same areas of open water surface and wetland planting areas of a current google map satellite shot of the lake; see attach pdfs. This does not appear to be a substantial sediment accumulation problem. Mr. Mitchell cites a consulting engineer's determination that the lake has inadequate surface area. The figure supplied to us uses only the open water surface of that particular day's google snapshot, omitting the wetland vegetation areas. He shows us lake bank slopes as steep as 1:1 run to rise, in violation of the 3:1 specifications. This is true, but the slopes are also currently stable and heavily vegetated. Upon close examination the steeper slopes were in areas where the pedestrian easement was notched into an existing 3:1 slope and the downslope off the sidewalk was the immediately steep area. The only ways to correct this situation is to fill the wetland below the sidewalk (a 404 violation) or eliminate the sidewalk easement to restore the original 3:1 overall slope. This would be both costly and expose much of the lake bank to potential erosion. Mr. Mitchell's last item of concern was the outfall inverts of stormwater culverts discharging into the lake were lower the surface elevation of wetland soil. This gets tricky. Mr. Mitchell is correct in pointing out the low culvert means that what he assumes is sediment, but could also be wetland soil backwash, is obstructing discharge from the culvert. But we have a July 31, 1996, written response from the consulting engineer, Richard Dickie, PE, of The John R. McAdams Company, Inc., that states: "Of the three main drainage courses into the pond area, two of them enter of existing depressed wetland areas. Since these area are below the proposed vegetated shelves, they will act os forebays." The violation that Mr. Mitchell observes was a feature of the system. Could it afford maintenance? Yes. Is it a violation of the stormwater permit? By invoking the permit's maintenance standard, but it's the equivalent of ticketing 37 in a 35 mph zone. While this is only my observation and could be an incorrect interpretation: community factions are in disagreement and one side is trying to leverage the State into making the other side spend resources, effort and money. Mr. Mitchell stated that the cost of dredging the pond that his and a few other homes front would be very low divided amongst the 2000property owners of Landfall. The term "aesthetically pleasing lake" has been used and that is certainly a worthwhile community goal, but it is not an environmental regulatory standard that we can apply. Our review of our file plans has made Linda Lewis and I wonder if we have accurate information regarding the construction elevations of the lake outfall orifice and weir, so we will ask the COA to verify those elevations since that does affect the water surface area calculations. If the parties involve want to consider a higher lake elevation, we have already outlined the terms under which that can be accomplished, see attached e- mail. We hope all parties involved can reach an equitable compromise, but we do not consider ourselves the mediators for their solution. There have been overtures of plans for permit modification. We will await their contact. Thanks... Daniel Sams, PE Wilmington Regional Engineer Division of Energy, Mineral, and Land Resources — Land Quality Section Department of Environmental Quality 910-796-7215 dan.sams@ncdenr.gov --'Nothing Compares E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Webster, Timothy J Sent: Tuesday, April 10, 2018 12:36 PM To: Sams, Dan <dan.sams@ncdenr.gov> Subject: RE: Landfall Lake Meeting Thank you so much Dan! Timothy Webster Legislative Analyst North Carolina Department of Environmental Quality Office: 919.707.8665 Mobile: 919.208.9476 timothy.webster@ncdenr.Rov 217 West Jones Street 1601 Mail Service Center Raleigh, NC 27699 2 Lewis,Linda From: Lewis,Linda Sent: Tuesday, April 10, 2018 1:32 PM To: Sams, Dan Subject: Landfall Lake Dan I inspected the project on February 15, 2018. The lake has been permitted since late 1995 — early 1996, so certain changes over the past 22 years are to be expected. I did not walk the entire lake edge, but I was able to observe a large portion of the shoreline from my vantage point at the outlet structure. I did observe where small portions of the pond bank had become more vertical. However, these areas comprise only a small fraction of the total shoreline length. I have not had an opportunity to write up that inspection report yet, but this situation will be mentioned in that report. This is a large pond, with a relatively small vertical distance between the normal pool and the temporary pool elevation, which creates an area of constant rise and fall, which can lead to undercutting and vertical slopes. However, that's no excuse for allowing it to continue happening and not maintaining the slopes at 3:1. There is provision in the rule that allows for steeper side slopes if it is demonstrated that the slope is stable. In those areas I observed a steeper side slope it was stable. Also, I don't know what those folks "surveyed", but when it comes to a wet detention pond, the only thing that should be surveyed to determine if the surface area of a pond is in compliance, is the elevation of the permanent pool. At any given time depending on how much rain we've gotten, the water elevation in a pond can be higher or lower than the set permanent pool. So if you survey only the water's edge, then you may end up surveying at an elevation that is higher or lower, and get too little or too much surface area. Linda Lewis, E.I. Environmental Engineer III Division of Energy, Mineral and Land Resources Department of Environmental Quality 910-796-7215 Office linda.lewis(a)ncdenr.gov Wilmington Regional Office 127 Cardinal Drive Extension Wilmington, NC 28405 r ��Nothing Compares,\., Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. Lewis,Linda From: Lewis,Linda Sent: Wednesday, February 28, 2018 6:44 PM To: 'Bill Bell' Cc: Sams, Dan; Scott, Georgette; Steve Subject: RE: [External] Proposal for Landfall Lake Thank you Mr. Bell. am glad you hear that you believe the pond is performing it's permitted function for water quality. DEMLR does not regulate the "aesthetics" of a pond nor do we offer opinions regarding aesthetics. How a pond looks is not indicative of whether it meets water quality requirements. A couple of thoughts on your proposal to take to your consultant: 1. The permittee is free to make the area around the Lake more aesthetically pleasing without the need to involve the Division. Only changes that affect the design of the permitted system need to be submitted for review and permitting. In addition, the permit -required maintenance activities to restore the system to the permitted condition do not require additional approval or permitting. 2. 1 believe we are all waiting on the ACOE to make a decision regarding the continued viability of the Landfall Lake as a wetland mitigation area. That decision is needed before anything can be done, because dredging in a mitigation area is not allowed. 3. You will need to engage a suitable licensed professional to provide the necessary calculations and engineering drawings if the permittee wants to modify the pond in any way from its current permitted condition. 4. Based on Google images, the amount of water surface area appears to be consistent with the approved plans. Allegations that there is not a sufficient amount of surface area carry no weight without proof. The area at elevation 5 should have been surveyed, which may not necessarily have been where the waterline was at the time of the survey, especially if you surveyed during a dry time. It is possible that in the 20 years since the permit was issued, the slopes may have slumped a bit or lot filling and other construction activities may have covered up some of the surface area. The permit was written based on a minimum required surface area of 269,952 sf, but the provided surface area was supposed to be 454,766 square feet. If your survey is accurate, it is difficult to understand how over 50% of the provided surface area has disappeared. 5. Do you plan on physically raising the permanent pool elevation from 5.0 to 5.65 fmsl by adjusting the outlet structure elevations? If you propose to raise the permanent pool water elevation, you may also need to raise the temporary pool elevation, otherwise, there may not be sufficient volume provided to meet the permit requirements The current temporary pool elevation is 6.0. The permit indicates that the minimum required storage volume is 328,381 cubic feet, so the consultant would need to make sure that amount of volume is provided between 5.65 and 6.0, or you'll need to raise the temporary pool elevation as well. This would require more adjustments to the outlet structure. 1 �. Keep in mind that raising the permanent pool elevation may adversely affect the hydraulic grade line of the existing piped collection system that delivers runoff to this pond. Runoff may back up in some pipes and structures causing street flooding where none had previously existed. Linda From: Bill Bell [mailto:billbellemail@gmail.com] Sent: Wednesday, February 28, 2018 2:16 PM To: Lewis,Linda <linda.lewis@ncdenr.gov> Cc: Sams, Dan <dan.sams@ncdenr.gov>; Scott, Georgette <georgette.scott@ncdenr.gov>; Steve <shughes@landfall.org> Subject: Re: [External] Proposal for Landfall Lake PP& External email. Do not click links or open attachments unless verified. Send all suspicious email as an attachment to Report Spam. Linda Our thoughts for Landfall Lake follow. Please let me know if you need additional information. MR Proposals for Landfall Lake Landfall Lake was developed in the years 1995 through 1999 to serve three purposes: 1. Aesthetically pleasing lake- The Army Corps of Engineers Public Notice dated April 13, 1995 states: "The purpose of the work is to create an aesthetically pleasing lake area for future development, as well as to enhance wetland functions within an existing impacted wetland." 2. Wetland mitigation- Northeast New Hanover Conservancy Easement 3. Stormwater management- Division of Water Quality Stormwater Management permit While the latter two purposes above are being satisfied admirably, residents and visitors feel that the lake is no longer aesthetically pleasing. Areas around the edge of the lake have risen as weather and stormwaters from other areas in Landfall have added to its height. In contrast the depth of the water in the main parts of the lake is still easily within regulations. The rise in the level of the land around the lake has reduced its surface area. The DWQ permit renewal of 2008 specifies that the Required Surface Area is to be 269,952 sq. ft. and a recent calculation shows that the area is only 221,730, almost 20% less than required. Furthermore a review of the design of the lake shows locations on the vegetative shelves that were planned to be under water the majority of the time; today many of those spots are dry, again illustrating a rise in the land around the lake. It is striking how sensitive the size of the surface area is to a rise in water level. After a recent rain the height of the water increased to 5.65 FMSL, increasing the surface area of the lake closer to the Required Surface Area specified in the permit. It also brought much -needed water to vegetative plants on the shelves, making them healthier and more able to perform filtration of sediment. The lake was much more "aesthetically pleasing" to residents and viewers, one of the three purposes of the lake as outlined above. 2 Our short-term proposal is to revise the DWQ specification for Pond Depth from 5 FMSL to 5.65 FMSL. This change has the benefits listed above and can be implemented immediately. We do not feel that it endangers any of the stormwater functions of the lake as we have an expert staff that maintains numerous lakes in Landfall and adjusts them as necessary. Even if the water would back up in a severe hurricane, the lake is designed so that the low point of the shoreline is at the spillway and excess water would still flow into Horseshoe Lake, the intended destination. This step is also attractive given if there is any problem experienced by Landfall's maintenance staff or the regulators, it can easily be reversed. Our longer -term proposal is to dredge the lake or at least the areas from the edge of the water to the banks that have seen a rise in elevation. This move would also serve to increase the surface area of the water and make the lake more attractive. Details on the size of the area to be dredged and the methodology employed are still being evaluated. On Tue, Feb 27, 2018 at 5:58 PM, Lewis,Linda <linda.lewis@ncdenr.gov> wrote: Mr. Bell: I appreciate that the COA will be involved in this revision or review or modification or whatever this will be. I would still like to know what your agenda is and what you hope to accomplish? If you could describe that in a paragraph or two, we may be able to save some time and expense. Linda From: Bill Bell ImaiIto: bill bellemail(a@gmail.com] Sent: Tuesday, February 27, 2018 4:10 PM To: Lewis,Linda <linda.lewis@ncdenr.gov> Cc: Sams, Dan <dan.sams@ncdenr.gov>; Scott, Georgette <georgette.scott@ncdenr.gov>; Steve <shughes@ landfall.org> Subject: Re: [External] Proposal for Landfall Lake Report oM External email. Do not click links or open attachments unless verified. Send all suspicious email as an attachment to Spam, Ms. Lewis, 3 The permit holder, which is the Landfall COA, will be the sponsor of our proposals. We will let you know when we have our formal proposals ready. [3Imll On Tue, Feb 27, 2018 at 3:07 PM, Lewis,Linda <linda.lewis@ncdenr.eov> wrote: Mr. Bell: I'm still not sure I understand. What are you trying to accomplish? Please note that the Division can only evaluate a proposal to change something about the permitted facility if it comes from the permit holder. Linda From: Bill Bell [mailto:billbellemail@gmail.com] Sent: Tuesday, February 27, 2018 2:46 PM To: Lewis,Linda <linda.lewls(u@ncdenr.eov> Subject: Re: [External] Proposal for Landfall Lake o External email. Do not click links or, open attachments unless verified. Sendai I suspicious email as an attachment to Report Spam. Ms. Lewis, Chad Coburn and Cameron Weaver have suggested that the next step would be a scoping meeting, which would necessitate formalizing our ideas into a proposal for all to consider. Rather than an informal meeting with you, perhaps it is best if we first finalize our proposals so you can evaluate them thoroughly. I will be contacting you and Mr. Weaver when we have our formal documents prepared. 4 As you suggest, if we have specific questions regarding the permit, I will send our questions using email. Thank you, On Tue, Feb 27, 2018 at 1:25 PM, Lewis,Linda <linda.lewis@ncdenr.gov> wrote: Mr. Bell: Before attempting to schedule this proposed meeting, please provide your agenda and what you hope to accomplish by this meeting. Thank you. Linda From: Bill Bell imailto:billbellemail@gmaiLcom] Sent: Tuesday, February 27, 2018 12:42 PM To: Lewis,Linda <linda.lewis@ncdenr.gov> Subject: [External] Proposal for Landfall Lake u External email. Do not click links or open attachments unless verified. Send all suspicious email as an attachment to 8eonrt Snam. Ms. Lewis, Several residents in Landfall along with representatives of the Northeast New Hanover Conservancy have met with Brennan Dooley and Chad Coburn to discuss ideas we have for Landfall Lake, which is covered by a Department of Water Quality permit SW8 951210 and which was renewed in 2008. Your name was given to us by 5 Chad Coburn when we met with him as someone who would be familiar with many of the regulations and your email address passed to us by Cameron Weaver. We would like to meet with you to informally discuss our ideas before we present them to your organization at a later time. Please let me know if you would be available for a meeting and if so what times would fit your schedule. IMMIN-1 Weaver, Cameron From: Bill Bell <billbellemail@gmail.com> Sent: Monday, April 09, 2018 10:39 AM To: Weaver, Cameron Cc: Brennan Dooley (Brennan.!.Dooley@usace.army.mi1); Coburn, Chad Subject: Re: [External] Landfall Lake Meeting Attachments: Landfall- Lake Proposal.docx J J6, External email. Do not click links or open attachments unless verified. Send all suspicious email as an attachment to Report Spam. Cameron, Attached is a proposal and fact sheet for modifications we wish to propose for Landfall Lake located in the community of Landfall in Wilmington NC. We are requesting a multi -agency scoping meeting with your representatives, as discussed in your email to me dated February 26. Please let me know if you need additional information. On Mon, Feb 26, 2018 at 9:17 AM, Weaver, Cameron <cameron.weaver@ncdenr.gov> wrote: MI Attached is the form I use to set up multi -agency scoping meetings. Please fill it out, provide the requested information in the instructions and send it back in to my attention. Once I receive your materials, I will work to schedule the meeting, keeping in mind that it can take three to six weeks to gather the needed participants. Let me know of any issues and I look forward to receiving your project information. Cameron Cameron Weaver Environmental Assistance Coordinator -Wilmington Regional Office NCDEQ-Division of Environmental Assistance and Customer Service t 127 Cardinal Drive Ext. Wilmington, NC 28405 NOTE NEW PHONE: 910-796-7475 NCDEQ NEW WEBSITE: http://deg.nc.gov/ DEACS NEW WEBSITE: http://deg.nc.gov/about/divisions/environmental-assistance-customer-service E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Coburn, Chad Sent: Monday, February 26, 2018 9:13 AM To: Bill Bell <billbellemail@gmail.com> Cc: Weaver, Cameron <cameron.weaver@ncdenr.gov>; Brennan Dooley (Brennan...Dooley@usace.army.mi1) <Brennan.J. Dooley@usace.army.mil> Subject: RE: [External] Landfall Lake Meeting El I spoke with Brennan this past Friday when we were in the field. We agreed that we should get together and have a scoping meeting. I've copied Cameron Weaver on this email with the hope that he can set up something for you and get everyone together that may need to attend. If you have any questions, let me know. Chad From: Bill Bell [mailto:billbellemail@gmail.com] Sent: Sunday, February 25, 2018 10:28 AM To: Coburn, Chad <chad.coburn@ncdenr.gov> Subject: [External] Landfall Lake Meeting o .External email. Do`notclick links oropen attachments unless verified'. Send all suspicious email as an attachment to 2 Chad, Thanks for meeting on Thursday with us to discuss some of our ideas on Landfall Lake. You mentioned that you would be meeting with Brennan Dooley on Friday and would get his views on some of the subjects we had discussed. If he had any suggestions regarding how to proceed in addressing our ideas we would love to hear them. Do you still feel that a scoping meeting is the next step? M STATE OF NORTH CAROLINA Department of Environmental Quality 127 Cardinal Drive Extension Wilmington, North Carolina 28405 (910)796-7215 SECTION TIME/DATE NAME REPRESENTING Guidelines for Access: The staff of Wilmington Regional Office is dedicated to making public records in our custody readily available to the public for review and copying. We also have the responsibility to the public to safeguard these records and to carry out our day-to-day program obligations. Please read carefully the following guidelines signing the form: 1. Due to the large public demand for file access, we request that you call at least a day in advance to schedule an appointment to review the files. Appointments will be scheduled between 9:00am and 3:00pm. Viewing time ends at 4:45pm. Anyone arriving without an appointment may view the _files to the extent that time and staff supervision is available 2. You must specify files you want to review by facility name. The number of files that you may review at one time will be limited to five. 3. You may make copies of a file when the copier is not in use by the staff and if time permits. Cost per copy is .05 cents for copies. Payment may be made by check, money order, or cash at the reception desk. Copies totaling $5.00 or more can also be invoiced for your convenience. 4. FILES MUST BE KEPT IN ORDER YOU FOUND THEM. Files may not be taken from the office. To remove, alter, deface, mutilate, or destroy material in one of these files is a misdemeanor for which you can be fined up to $500.00. No briefcases, large totes, etc. are permitted in the file review area. 5. In accordance with General Statue 25-3-512, a $25.00 processing fee will be charged and collected for checks on which payment has been refused. FACILITY NAME COUNTY 1. Sw 8�7C) 5w�6�S�1a � _-A) 2. 3. 4. 5. Signature and Name of FirmBusiness Date Time In Time Out Please attach a business card to this form COPIES MADE PAID INVOICE t� bCtYY�'r@ r 03erbceaon , ne Weaver, Cameron CC) q I G- r� l b- 0 5 30 To: Baker Mitchell Cc: Lewis,Linda (linda.lewis@ncdenr.gov) Subject: RE: [External] Public Record Request Mr. Mitchell. Unfortunately, I just don't have the time resources to dedicate to a different schedule or way of accomplishing your request. Allways will do you as you ask of them concerning the files, which I am taking to them this morning with a copy of this message string. I don't see where your phone number is listed, however, so you are going to need to initiate the conversation with Allways and their number is 910-392-0883. Cameron Cameron Weaver Environmental Assistance Coordinator -Wilmington Regional Office NCDEQ-Division of Environmental Assistance and Customer Service 127 Cardinal Drive Ext. Wilmington, NC 28405 NOTE NEW PHONE: 910-796-7475 NCDEQ NEW WEBSITE: http://deg.nc.gov/ DEACS NEW WEBSITE: http://deg.nc.gov/about/divisions/environmental-assistance-customer-service E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Baker Mitchell [mailto:bamjr@rogerbacon.net] Sent: Wednesday, March 07, 2018 7:18 AM To: Weaver, Cameron <cameron.weaver@ncdenr.gov> Cc:'Paula Bushardt' <bushardt@bellsouth.net>;'Andy Wood'<andy@awoodassociates.com>;'Bill Bell' <billbellemail@gmail.com>; 'Ralph Giannola' <ragman98@yahoo.com> Subject: RE: [External] Public Record Request o 0: External email. Do not click links oropen .attachments unless verified. Send all suspiciousemail as anattachment :-tb Report Spam. Cameron, thanks to you and Linda for your prompt response. Your email mentions first that the documents will be "copied" and later it says "scanned." Documents originally in electronic form such as emails and pdfs are fine to leave in that format and may just be emailed tome or put on a thumb drive as Chad did. Likewise, document originals in hard - copy form may just be scanned into pdf files. There is no need to produce paper copies for me. Finally, I have a very fast auto -feed document scanner that produces pdfs at one of my downtown offices, and I would be happy for an employee to meet you or other NCDEQ person and do it there avoiding the Allways charges. As a by- product, I would be glad to share the resulting pdf files with NCDEQ. The only need for Allways charges would be for scanning large paper maps or engineering drawings. Thank you again for your prompt reply. I can be reached on my cell at 910/616-0530. Best Regards, Baker Mitchell From: Weaver, Cameron[mailto:cameron.weaver(a)ncdenr.gov] Sent: Tuesday, March 6, 2018 11:23 AM To: Baker Mitchell Cc: 'Paula Bushardt'; 'Andy Wood'; 'Bill Bell'; 'Ralph Giannola' Subject: RE: [External] Public Record Request Mr. Mitchell. I spoke with Linda Lewis who is familiar with the situations concerning Landfall Lake, Horseshoe Lake and the surrounding subdivisions. She provided me with the two State Stormwater files that are involved, and those can be copied at your expense at Allways Graphics, an offsite business. When I am available this week, I will take the files there to be copied; you should then contact Allways directly concerning the total amount owed and payment options at 910- 392-0883 and Allways will let you know when the files have been scanned as you are requesting. I spoke with Chad Coburn and he indicated he had already provided you with the wetlands permitting records as you requested. If you have not heard from Allways Graphics by Friday that the files have been received and processed there, please don't hesitate to contact me at the information below. Cameron Cameron Weaver Environmental Assistance Coordinator -Wilmington Regional Office NCDEQ-Division of Environmental Assistance and Customer Service 127 Cardinal Drive Ext. Wilmington, NC 28405 NOTE NEW PHONE: 910-796-7475 NCDEQ NEW WEBSITE: http://deg.nc.gov/ DEACS NEW WEBSITE: http://deg,nc.gov/about/divisions/environmental-assistance-customer-service E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Baker Mitchell [mailto:bamir(a@roeerbacon.net] Sent: Monday, March 05, 2018 9:32 AM To: Weaver, Cameron <cameron.weaver@ncdenr.Rov> Cc: 'Paula Bushardt' <bushardt@belisouth.net>;'Andy Wood' <ands@awoodassociates.com>;'Bill Bell' <billbellemail@Rmail.com>;'Ralph Giannola' <ragman98@yahoo.com> Subject: [External] Public Record Request External email. Do not click;linksropen atta bchments unless verified.Sen&allsuspicious email as an attachment to Report Spam. March 05, 2018 Transmitted via U.S. Mail and Electronic Mail Mr. Cameron Weaver Environmental Assistance Coordinator -Wilmington Regional Office ` '% NCDEQ-Division of Environmental Assistance and Customer Service 127 Cardinal Drive Ext. Wilmington, NC 28405 Re: Public Records Request pursuant to the North Carolina Public Records Act. N.V. Gen. Stat. 132-1 Dear Mr. Weaver, First, I would like to thank Chad Coburn for meeting with Bill Bell, Andy Wood, and me and for instantly providing many megabytes of helpful documents in his department regarding Landfall Lake dating back into the 1980's. However his many records contained no information whatsoever about any storm water permits or storm water maintenance agreements for the lake. I understood from Chad that the storm water documents would be filed in a different group. I also understand that the requirements of a storm water designation may, in a number of aspects, conflict with the requirements of a wetland or other designation. In an effort to better understand the situation, I would like to request the storm water documentation, and this request is made pursuant to the North Carolina Public Records Act. N.V. Gen. Stat. 132-1. Please provide the following documents (for purposes of this request, the term "documents" in all instances includes, but is not limited to, any memoranda, letters, reports, forms, logs, journals, maps, plats, permits, agreements, electronic mail or "e-mail," or handwritten, typed, or electronic notes or text messages or any audio recordings) for NCDEQ, as well as any applicable documents in the possession of any division or department of NCDEQ whether created by NCDEQ or other parties: 1. All documents relating to any aspect of any storm water permit or permits for Landfall Lake or adjacent Horseshoe Lake including, but not limited to, applications, permit issuances, and renewals. 2. All documents relating to any storm water maintenance agreements or understandings bearing upon Landfall Lake or Horseshoe Lake including but not limited to inspections, reports, compliance or non- compliance, or any other activity whether by NCDEQ or any third party. 3. All documents relating to policies, procedures, regulations, or discussions regarding various designations simultaneously in effect including but not limited to how such simultaneous designations can arise or how jurisdiction over conflicts between designations simultaneously in effect can be resolved. This Public Records Request is limited and seeks documents made or received only during the time period January 1, 1995 through the date on which you comply as requested. Because this request is on a matter of public concern, I request a fee waiver. If, however, such a waiver is denied, I will reimburse you for the reasonable cost of copying. Please inform me in advance if the cost will be greater than $50. Please send me documents in electronic form if possible. Should you withhold some portions of the requested document claiming they are exempt from disclosure, please specify which exemptions and release any portions of the records for which you do not claim an exemption. Please send me the requested documents by March 16, 2018 in electronic format, if possible, to bamjr ibroaerbacon.net . Alternatively, I would be happy to pick up any documentation or media at your office upon your notification. Please feel free to contact me with any questions or concerns you may have. Thank you for your prompt attention to this matter. Sincerely, Baker A. Mitchell, Jr Manager, CHC CC: Paula Bushardt, Cheryl Bell, Andy Wood, Bill Bell, Ralph Ginnola, COASTAL 4 HABITAT 4bo • ���i CONSLB.VANCY, LLC March 05, 2018 'transmitted via U.S. Mail and Electronic Mail Mr. Cameron Weaver Environmental Assistance Coordinator -Wilmington Regional Office NCDEQ-Division of Environmental Assistance and Customer Service 127 Cardinal Drive Ext. Wilmington, NC 28405 Re: Public Records Request pursuant to the North Carolina Public Records Act. N.V. Gen. Slat. 132-1 Dear Mr. Weaver, First, I would like to thank Chad Coburn for meeting with Bill Bell, Andy Wood, and me and for instantly providing many megabytes of helpful documents in his department regarding Landfall Lake dating back into the 1980's. hlowever his many records contained no information whatsoever about any storm water permits or storm water maintenance agreements for the lake. I understood from Chad that the storm water documents would be filed in a different group. 1 also understand that the requirements of a storm water designation may, in a number of aspects, conflict with the requirements of a wetland or other designation. In an effort to better understand the situation, I would like to request the storm water documentation, and this request is made pursuant to the North Carolina Public Rccords Act. N.V. Gen. Slat. 132-1. Please provide the following documents (for purposes of this request, the term "documents" in all instances includes, but is not limited to, any memoranda, letters, reports, forms, logs, journals, maps, plats, permits, agreements, electronic mail or "e-mail," or handwritten, typed, or electronic notes or text messages or any audio recordings) for NCDEQ, as well as any applicable. documents in the possession of any division or department of NCDEQ whether created by NCDI3Q or other parties: 1. All dOCnmenlS relating to any aspect of any storm water permit or permits for Landfall Lake or adjacent Horseshoe bake including, but not limited to, applications, permit issuances, and renewals. 2. All documents relating to any storm water maintenance agreements or understandings hearing upon Landfall Lake or Horseshoe Lake including but not limited to inspections, reports, compliance or non-compliance, or any other activity whether by NCDEQ or any third party. 3. All documents relating to policies, procedures, regulations, or discussions regarding various designations simultaneously in effect including but not limited to how such simultaneous designations can arise or how jurisdiction over conflicts between designations simultaneously in effect can be resolved. 3610 Thaddeus Lott Lane Leland, NC 28451 910/655-3600 COASTAL H.ABITfiT =Aw • �+ CONSERVANCY, LLC This Public Records Requcst is limited and seeks documents made or received only during the time period January I, 1995 through the date on which you comply as requested. Because this request is on a matter of public concern, I request a fee waiver. If, however, such a waiver is denied, I will reimburse you for the reasonable cost of copying. Please inform me in advance if the cost will be greater than $50. please send me documents in electronic form if possible. Should you withhold some portions of the requested document claiming they are exempt from disclosure, please specify which exemptions and release any portions of the records for which you do not claim an exemption. Please send me the requested documents by March 16, 2018 in electronic format, if possible, to bamir0',jroecrbacon.ncl . Alternatively, I would be happy to pick up any documentation or media at your office upon your notification. Please feel free to contact me with any questions or concerns you may have. Thank you for your prompt attention to this matter. Sincerely, M-/Irx3/ Baker A. iNlitchell, Jr Manager, CHC CC: Paula Bushardt, Cheryl Bell, Andy Wood, Bill Bell, Ralph Ginnola, 3610 Thaddeus Lott Lane Leland, NC 28451 910/655-3600 Lewis,Linda From: Lewis,Linda Sent: Wednesday, February 28, 2018 6:44 PM To: 'Bill Bell' Cc: Sams, Dan; Scott, Georgette; Steve Subject: RE: [External] Proposal for Landfall Lake Thank you Mr. Bell. I am glad you hear that you believe the pond is performing it's permitted function for water quality. DEMLR does not regulate the "aesthetics" of a pond nor do we offer opinions regarding aesthetics. How a pond looks is not indicative of whether it meets water quality requirements. A couple of thoughts on your proposal to take to your consultant: The permittee is free to make the area around the Lake more aesthetically pleasing without the need to involve the Division. Only changes that affect the design of the permitted system need to be submitted for review and permitting. In addition, the permit -required maintenance activities to restore the system to the permitted condition do not require additional approval or permitting. 2. 1 believe we are all waiting on the ACOE to make a decision regarding the continued viability of the Landfall Lake as a wetland mitigation area. That decision is needed before anything can be done, because dredging in a mitigation area is not allowed. You will need to engage a suitable licensed professional to provide the necessary calculations and engineering drawings if the permittee wants to modify the pond in any way from its current permitted condition. 4. Based on Google images, the amount of water surface area appears to be consistent with the approved plans. Allegations that there is not a sufficient amount of surface area carry no weight without proof. The area at elevation 5 should have been surveyed, which may not necessarily have been where the waterline was at the time of the survey, especially if you surveyed during a dry time. It is possible that in the 20 years since the permit was issued, the slopes may have slumped a bit or lot filling and other construction activities may have covered up some of the surface area. The permit was written based on a minimum required surface area of 269,952 sf, but the provided surface area was supposed to be 454,766 square feet. If your survey is accurate, it is difficult to understand how over 50% of the provided surface area has disappeared. 5. Do you plan on physically raising the permanent pool elevation from 5.0 to 5.65 fmsl by adjusting the outlet structure elevations? If you propose to raise the permanent pool water elevation, you may also need to raise the temporary pool elevation, otherwise, there may not be sufficient volume provided to meet the permit requirements The current temporary pool elevation is 6.0. The permit indicates that the minimum required storage volume is 328,381 cubic feet, so the consultant would need to make sure that amount of volume is provided between 5.65 and 6.0, or you'll need to raise the temporary pool elevation as well. This would require more adjustments to the outlet structure. 6.' Keep in mind that raising the permanent pool elevation may adversely affect the hydraulic grade line of the existing piped collection system that delivers runoff to this pond. Runoff may back up in some pipes and structures causing street flooding where none had previously existed. Linda From: Bill Bell[mailto:billbellemail@gmail.com] Sent: Wednesday, February 28, 2018 2:16 PM To: Lewis,Linda <linda.lewis@ncdenr.gov> Cc: Sams, Dan <dan.sams@ncdenr.gov>; Scott, Georgette <georgette.scott@ncdenr.gov>; Steve <shughes@landfall.org> Subject: Re: [External] Proposal for Landfall Lake aJ External email. Do not click links or open, attachments unless versified Send all suspicious email as an attachment to Linda, Our thoughts for Landfall Lake follow. Please let me know if you need additional information. IM Proposals for Landfall Lake Landfall Lake was developed in the years 1995 through 1999 to serve three purposes: 1. Aesthetically pleasing lake- The Army Corps of Engineers Public Notice dated April 13, 1995 states: "The purpose of the work is to create an aesthetically pleasing lake area for future development, as well as to enhance wetland functions within an existing impacted wetland." 2. Wetland mitigation- Northeast New Hanover Conservancy Easement 3. Stormwater management- Division of Water Quality Stormwater Management permit While the latter two purposes above are being satisfied admirably, residents and visitors feel that the lake is no longer aesthetically pleasing. Areas around the edge of the lake have risen as weather and stormwaters from other areas in Landfall have added to its height. In contrast the depth of the water in the main parts of the lake is still easily within regulations. The rise in the level of the land around the lake has reduced its surface area. The DWQ permit renewal of 2008 specifies that the Required Surface Area is to be 269,952 sq. ft. and a recent calculation shows that the area is only 221,730, almost 20% less than required. Furthermore a review of the design of the lake shows locations on the vegetative shelves that were planned to be under water the majority of the time; today many of those spots are dry, again illustrating a rise in the land around the lake. It is striking how sensitive the size of the surface area is to a rise in water level. After a recent rain the height of the water increased to 5.65 FMSL, increasing the surface area of the lake closer to the Required Surface Area specified in the permit. It also brought much -needed water to vegetative plants on the shelves, making them healthier and more able to perform filtration of sediment. The lake was much more "aesthetically pleasing" to residents and viewers, one of the three purposes of the lake as outlined above. 2 Our short-term proposal is to revise the DWQ specification for Pond Depth from 5 FMSL to 5.65 FMSL. This change has the benefits listed above and can be implemented immediately. We do not feel that it endangers any of the stormwater functions of the lake as we have an expert staff that maintains numerous lakes in Landfall and adjusts them as necessary. Even if the water would back up in a severe hurricane, the lake is designed so that the low point of the shoreline is at the spillway and excess water would still flow into Horseshoe Lake, the intended destination. This step is also attractive given if there is any problem experienced by Landfall's maintenance staff or the regulators, it can easily be reversed. Our longer -term proposal is to dredge the lake or at least the areas from the edge of the water to the banks that have seen a rise in elevation. This move would also serve to increase the surface area of the water and make the lake more attractive. Details on the size of the area to be dredged and the methodology employed are still being evaluated. On Tue, Feb 27, 2018 at 5:58 PM, Lewis,Linda <linda.lewis@ncdenr.gov> wrote: Mr. Bell: I appreciate that the COA will be involved in this revision or review or modification or whatever this will be. I would still like to know what your agenda is and what you hope to accomplish? If you could describe that in a paragraph or two, we may be able to save some time and expense. Linda From: Bill Bell [mailto:billbellemail@gmail.com] Sent: Tuesday, February 27, 2018 4:10 PM To: Lewis,Linda <linda.lewis@ncdenr.gov> Cc: Sams, Dan <dan.sams@ncdenr.gov>; Scott, Georgette <georgette.scott@ncdenr.gov>; Steve <shughes@landfall.org> Subject: Re: [External] Proposal for Landfall Lake Dl External email. Do not click links or open attachments unless verified. Send all suspicious email as an attachment to lieport M. Ms. Lewis, The permit holder, which is the Landfall COA, will be the sponsor of our proposals. We will let you know when we have our formal proposals ready. On Tue, Feb 27, 2018 at 3:07 PM, Lewis,Linda <linda.lewisC@ncdenr.Rov> wrote: Mr. Bell: I'm still not sure I understand. What are you trying to accomplish? Please note that the Division can only evaluate a proposal to change something about the permitted facility if it comes from the permit holder. Linda From: Bill Bell[mailto:billbellemail@gmail.com] Sent: Tuesday, February 27, 2018 2:46 PM To: Lewis,Linda <linda.lewis@ncdenr.gov> Subject: Re: [External] Proposal for Landfall Lake External email. Do not click links or open attachments unless verified. Send all suspicious email as an attachment to Renoit 5nam. Ms. Lewis, Chad Coburn and Cameron Weaver have suggested that the next step would be a scoping meeting, which would necessitate formalizing our ideas into a proposal for all to consider. Rather than an informal meeting with you, perhaps it is best if we first finalize our proposals so you can evaluate them thoroughly. I will be contacting you and Mr. Weaver when we have our formal documents prepared. 21 As you suggest, if we have specific questions regarding the permit, I will send our questions using email. Thank you, A2AA©© On Tue, Feb 27, 2018 at 1:25 PM, Lewis,Linda <linda.lewis@ncdenr.gov> wrote: Mr. Bell: Before attempting to schedule this proposed meeting, please provide your agenda and what you hope to accomplish by this meeting. Thank you. Linda From: Bill Bell [maiIto: billbellemail@gmail.com] Sent: Tuesday, February 27, 2018 12:42 PM To: Lewis,Linda <linda.lewis@ncdenr.gov> Subject: [External] Proposal for Landfall Lake Jgurft External email. Do not click links or open' attachments unless verified. Send all suspicious.email as an attachment to Ren rt snam_ Ms. Lewis, Several residents in Landfall along with representatives of the Northeast New Hanover Conservancy have met with Brennan Dooley and Chad Coburn to discuss ideas we have for Landfall Lake, which is covered by a Department of Water Quality permit SW8 951210 and which was renewed in 2008. Your name was given to us by 5 Chad Coburn when we met with him as someone who would be familiar with many of the regulations and your email address passed to us by Cameron Weaver. We would like to meet with you to informally discuss our ideas before we present them to your organization at a later time. Please let me know if you would be available for a meeting and if so what times would fit your schedule. Scott, Georgette From: Scott, Georgette Sent: Monday, February 05, 2018 3:36 PM To: Lucey,John D Cc: Sams, Dan; Lewis,Linda Subject: RE: [External] Neuse Sport Shop Storm water Permit Attachments: 2008 04 permit 951210.doc John, Per your phone message today attached is the unsigned version of the permit you requested for SW8 951210. The permittee is responsible for not only meeting the permit requirements but also the approved engineer plans and the signed Operations and Maintenance (O & M) document that was sent to them. All of these items are elements of the permit that they are required to be in compliance with. They should have copies of all of these items. This permit does state that the expiration date is April 30, 2018. According to my records the permittee was notified via email that they got the 4 year extension that was given by Gov. Purdue back in 2010 for any active permit that was issued. Their new expiration date is now April 30, 2022. Per our rules, permit renewal applications must be submitted 180 days prior to expiration. That means that they should submit their renewal application Oct 30, 2021 but not after the expiration date of April 30, 2022. Georgette Scott State Stormwater Program Supervisor Department of Environmental Quality Office (910) 796 7215 Fax (910) 350-2004 Georgette. Scott(U)ncdenr. oov 127 Cardinal Drive Ext. Wilmington, NC 28405 !:71' Nothing Compares-, Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Lucey, John D Sent: Wednesday, January 31, 2018 5:16 PM To: Lucas, Annette <annette.lucas@ncdenr.gov>; Miller, Anderson <anderson.miller@ncdenr.gov>; Scott, Georgette <georgette.scott@ncdenr.gov>; Lewis,Linda <linda.lewis@ncdenr.gov>; Vinson, Toby <toby.vinson@ncdenr.gov>; Sams, Dan <dan.sams@ncdenr.gov> - Subject: RE: [External] Neuse Sport Shop Storm water Permit Thanks for all of the incredible work everyone. It is very much appreciated! John Lucey Legislative Assistant Proposals for Landfall Lake Landfall Lake is a lake of 12.32 acres developed in the years 1995 through 1999 under permit 199500221 issued by the US Army Corps of Engineers and permit SW8 951210 issued by the NC Dept. of Environment and Natural Resources Division of Water Quality. Two key functions of the lake, wetland mitigation and stormwater management, appear to be performing per specifications and serving the full purpose for which they were designed. The lake continues to be healthy and measurements of the depth of the central portion of the lake are still nicely above that required. The problem is that sediment in water from many other areas in Landfall entering the lake through the more than twenty inflow pipes, as well as decomposition of plant material, has caused the littoral shelves of the lake to build up by roughly 12 inches. Three analyses offer proof: 1. Two calculations of the surface area of the lake were performed, each showing that: the size of the lake had contracted. One calculation employed GoogleEarthPro to display the lake; when the boundaries of the lake were circumscribed, the tool showed the surface area to be 206,442 square feet (please see Attachment 1). The DWQ permit dated April 30, 2008 specifies that the Required Surface Area is to be 269,952 ft' and the Provided Surface Area was given as 454,766 ft2. Given that the height of the lake water has been kept constant at the level specified in the permit, this deficiency of more than 20% must have been caused by the rising levels of the land around the lake. 2. The soil where the inflow pipes to the lake are located, as well as the surrounding shelves, is now 8 to 12 inches above the bottom of the pipes. But when the lake was initially built, the height of the soil must have been located below the bottom of the pipe, likely by several inches. In some cases the soil is now over the top of the pipe and would block the inflow of water had not canals been shoveled to relieve them. 3. A review of the initial documentation for the lake shows locations on the vegetative shelves that were planned to be under water most the time; today many of those spots are dry, once more illustrating a rise in the land around the lake. It is striking how sensitive the size of the surface area is to a rise in water level. After a recent rain the height of the water increased to 5.65 FMSL, increasing the surface area of the lake closer to the Required Surface Area specified in the permit. It also brought much -needed water to vegetative plants on the shelves, making them healthier and more able to perform filtration of sediment. In no cases did the water reach the inflow pipes. Our first proposal is to modify the lake to make it a stand-alone stormwater retention pond. The spillway that is now located between Landfall Lake and Horseshoe Lake would be closed and Landfall Lake would serve as the final container for the water that is fed into it. We would request that the Permanent Pool Elevation be raised from 5 to 6 FMSL. This change would immediately increase the Surface Area of the water and bring hydration to the shelves, most of which are dry at present and thereby enhance vegetation growth. Our tests show that when SCOPING MEETING FACT SHEET Project Name: Landfall Lake Improvements County: New Hanover Applicant: Steve Hughes Company: Landfall COA Address: 1749 Drysdale Drive City: Wilmington State: NC Zip: 28405 Phone: 910-616-0686 Fax: 910-256-7662 Email: shughes@landfall.org Physical Location of Project: Adjacent to the Atlantic Intracoastal Waterway, off Arboretum Drive, in Landfall in Wilmington, New Hanover County, NC Engineer/Consultant: David E. Criser, PE, LEED AP BD+C President Criser Troutman Tanner Consulting Engineers P.O. Box 3727 Wilmington NC 28406 910-397-2929 X 106 910-397-2971 (fax) dcriser@cttengineering.com Project Narrative: See attached PDF site plan: Please see Attachment 2 Vicinity map: Please see Figure 1 List of existing permits: Dept. of the Army Corps of Engineers Permit 199500221; Dept. of Environment and Natural Resources Division of Water Quality Permit SW8 951210 Previous project names or owner names: Horseshoe Lake; Landfall Associates; Landfall Subdivision II Existing compliance or pollution incidents: None Current conditions or development on site: NA Size of tract: 12.32 acres Streams or wetlands on site: Around Landfall Lake as specified in Permit No 199500221 Stream name and classification: Lake Classification of Water Body: C SECf1ON 'l ` SECTON varr AM K .I tYTKO OSn�iK. gCiION •n ] PROJECT PJUNOART �\\\\ nT�L .: �•-_" \ .tiA o sccw », \\SEC710N �i NINE .0� Y l.•�3 �. 4 Ac iaxon o � amrtouC„ ems. mmr 2 aoawas rnaearrr, aac su..mrrs, s»eN smrnm P. HORSESHOE LAKE MITIGATION PLAN TREE MONITOP.ING SECTIONS sf'�'p"� PF�.RTT BPJNOARY TY au nvry � rtt_.vo ,Y�_ ,�. f.Nµ•. TMro i��j 0nA] w RAmR9 K:n¢gf a R,vn:C Wy.3 tA� `/ �o• .Ta ..,,cs.(aran �///I/./�/���,�`. //�� i��i� 1� Pxo.¢cr acutmnav mrcss.tro .vsx � � \ HORSESIiG LAKE —.t A." a, o m FIG1711E 1 Landfall Location Map n-6 the level of the water is at 6 FMSL it does not block the inflow pipes. The existing six controlling orifices and the spillway opening will still function if it is necessary to lower the level of the water. Even if a super hurricane caused the water to overflow the banks (in twenty years this has never happened), the low point of the shoreline is at the spillway so it would flow into Horseshoe Lake, the current destination. Our longer -term proposal subject to planning, contracting and financing is to dredge from one up to two acres of the shelves of the lake from the edge of the water back to the banks. For this operation a long -reach excavator and/or a small bulldozer would be employed. A very gradual grade would be created from two inches below the inflow pipes down to the lake. The dirt and silt gathered would be removed from the site. Lowering the shelves would increase the surface area of the water, free up the inflow pipes and make the lake more attractive. This step would also comply with the requirement for "sediment removal" called for in the DWQ permit. Thank you for your consideration. STATE OF NORTH CAROLRU Departrneict of linviromuental and Natural Resouroes 127 Card W Drive Rmdon WWm9t0n, North Carolina28405 (910) 996-7215 FILE ACCE3SRECORD EcT<olf T.DE/DATB 1 I7 �RBSEI4TINa SEI:i✓ / %�outi,SOWI�tTE>2 ' GnidefntesforAccess: The stitffof}d?TmiagNrlRegioha(Officeisdeitrafedtomaldvgpublicmcozdsin our eustndyteadtlyavailabletotdrapnb&cforseyiewandcopptug Wealso5avethorespopstblFity�fbo pu* to safeguard these records and to can't' out our daq-to-dayprogrom obligations. Please read arefirl[pihefollotvingggideiinas s%guingtfie� , r• No: totolappubliedemndfnrXeaecesa,nrequrgt6akyouoa]lgleastad#ia advance to Mhadule an appobmeutto re imhe ism 46Daintmenfs wlll bb scheduled . ion enpfQQamand3:wn �Aewfngtl wwsRt4:45pm, Aliim_arrlyingWOW 2R 2 You.=tspecivfilesyou�esnttoreviaxbFfacilitynamaThemm�berofSfasfhatyou . mapxev?e�ratonetimewtltbe'Imt{tedmfzve. ' 3. Yoniusynrake.cnpr�sofafiletvltentbecopiralenotinusebpfoes�ffandiftimepeamtts. Castper copy is toy oents Fagment igavbe made,i}vehedc moneyorder, or cash atiiee reception desk io 4 tofaljnaSS 4iQ or more can beiavoiced for �otir convenience . 4,. PILFSM> S`i'UUPTINNG.PJARYi➢177F!OIINJ?'tliTM F#iesmapnotbetakenfrom &e effiee;' To reAraveq alter; deface, mattIate, or desttapmatttial in one affltesofiles is a mkdemeano hrvvhiahyoncambe fhedup to $500.0D. No iaiefoasPs iaMt&: s ere. ate, pettniteedin the file reviewama S inacandaucetslibGeneralSt�ae2.53•Sly,a&�.00•process}ngfeewIItisachargeaian<% oollectYdfnrehecTs anwhchpayaienihas beenrefirsed, RACiLZTFNA1dE MUM �1I h,IAlfT60,� nGre�i 2, 3. 4- Signature andNmue ofFicm(Business • Date/ . Thle in Time o4t Please attach a 6mtir ers ro tkds form , COPIESMA➢E PAID INVOICE &Adtritn fla access Environmental Quality October 18, 2016 Mr. and Mrs. Brent David Browse 220 Moreland Drive Wilmington,NC 28405 RE: Landfall Horseshoe Lake Subdivision, Lot 05, Block 45 Stormwater Permit SW8 951210 Dear Mr. Brouse: PAT McCRORY Governor DONALD R. VAN DER VAART Secretary In the meeting between you and 1 this morning, you outlined backyard improvements that you were interested in making on your property at 2220 Moreland Drive in Landfall. My understanding of those improvements were the removal of old, weedy vegetation, a relocation of the property's backyard fence and re -landscaping. The fence is currently within a dedicated drainage easement, but the easement does not include any ditch work or drainage features beyond its natural slope. The fence relocation and new landscaping should not impact existing stormwater flow. The Coastal Stormwater Program would only have jurisdiction in this matter if your site improvements change the conditions of the Stormwater Permit, increase impervious surface, add to stormwater runoff volume or impact the approved stormwater structures. Your proposal as presented did not appear to do that. Our office has no authority either positively or negatively to weigh in on your proposed activity. 1 hope that this answers the questions before you and the Landfall Homeowners Association. If 1 can provide further information, please let me know. Sincerely, c. Daniel Sams, PE Wilmington Regional Engineer Division of Energy, Mineral and Land Resources Nothing Compares State of North Carolina I Environmental Quality 217 West Jones Street 1 1601 Mail Service Center I Raleigh, North Carolina 27699-1601 919 707 8600 September 29, 2016 490f COUNCIL OF ASSOCIATIONS, INC. Mr, & Mrs�Bxen�ouse 2220 Moreland Drive Wilmington, INC 28405 RE: Lot 05, Block 45 LF II 2220 Moreland Drive Dear Mr. & Mrs. Browse: The Architectural Review Committee has discussed the removal of the landscaping in the back yard outside of the fence once again. The Committee'has been made aware that the fence cannot be relocated nor retaining walls installed within the drainage easement. In regard to the fence screening, it will be necessary to Include substantial evergreen landscaping that will extensively screen the fence within.three years of planting. Fence screening plants must be installed at a minimum of 30" in height at installation. It appears that there is approximately 140' of fencing rail that must be screened from the exterior. A minimum of thirty evergreen plants will be needed to meet the fence screening requirements If the plants, are installed at a 24" width with 20" permitted between the drip line of each plant to allow for growth of the plant. In regard to the remainder of the landscape bed outside of the fence, you may either sod the area or provide an additional landscape plan for the remainder of the area, but it cannot remain an empty pinestraw bed. It is unfortunate that the landscaping was modified without ARC review or approval; however, the committee would like to offer you the opportunity to resolve the issue. The ARC is requesting that yqu,submit a revised landscape plan for the outside of the fence within the.next 30 days. If you would like assistance from one of the COA horticulturists, please let us know. Please contact arc@landfall.org if you have any questions. The committee hopes that this can be resolved as quickly as possible and thanks you for your efforts toward resolution. On behalf of the Landfall Architectural Review Committee, 6 Shelly Kearney, Coordinator 1749 Drysdale Drive • Wilmington, North Carolina 28405 • Phone: (910) 256-7651 • Fax: (910) 256-7662 900K PACE Prepared by: Murchison, Taylor, Kendrick k Gibson, L.L.P. 5 1 3 1 6 IG North Fifth Avenue, Wilmington, NC 28401 AMENDMENTTO STATE OF NORTH CAROLINA DECLARATION OF ANNEXATION ANNEXING ADDITIONAL LANDS INTO COUNTY OF NEW IIANOVER LANDFALL SUBDIVISION II AND TO MASTER CROSS -ACCESS EASEMENT AND 11O U 1 3 MAINTENANCE AGREEMENT (LANDFALL SUBDIVISION 11, BLOCK 45) THIS AMENDMENT to DECLARATION OF ANNEXATION is made as of the __�26 day of � r,umr , 1991by LANDFALL ASSOCIATES, a North Carolina joint venture in the form of aof a gcneral hereinaher referred to as "Declarant". W I'I',.NJ: .S.S.ETII: Declarant previously recorded a Declaration of Covenants, Conditions and Restrictions for Landfall Subdivision 11, which Declaration was recorded in Book 1871, Page 205 of the New Hanover County Registry (the "Declaration") and a Declaration Of Amrexation Annexing Additional Lands Into Landfall Subdivision II and to Master Cross -Access Easement (Landfall Subdivision II, Block 45) which Declaration was recorded in Book 2233, Page 0972 of the New Ilanover County Registry. Declarant caused the Declaration of Annexation described above to be amended by Amendment to Declaration of Annexation which was recorded in Book 2348, Page 0711 of .. the. New,Hanovcr,Cquntv..Registry. The State of North Carolina pursuant to its stomtwater runoff regulations has determined that additional stormwater management covenants are required for Landfall Subdivision 11, Block 45 as set forth in the Amendment recorded in Book 2348, Page 0711 are no, longer needed and that now covenants concerning slormwaler runoff regulations are now required.. Dcclamnt has the right to amend the Declaration of Annexation and Amendment Ihercto described above by deleting previously required covenants and by adding new covenants now required by the State of North Carolina. NOW, THEREFORE, the Declarant does hereby withdraw and remove in total the Amendment of Annexation recorded in Book 2348, Page 0711 of the New Hanover County Registry and the Declarant does hereby now amend paragraph 3 of the Declaration of Annexation recorded in Book 2233, Page 0972 orthe New Hanover County Registry by adding the following: g. The covenants pertaining to stormwater regulations may not be changed or deleted without concurrence of the State. The Lots within Landfall Subdivision, Block 45 are subject to Permit No. SW8951210. h., . Alteration of the drainage as shown on the approved plan may not take place without the concurrence of Ille Slate. 1. Lots within CAMA's Area of Environmental Concern may be subject to a reduction in their allowable build -upon area due to CAMA regulations. j. All runol'I' from the buill-upon areas on the lot must drain into the permitted system. ']'his may be accomplished through providing roof drain ,. guticrs which drain to.the slrcet,:grading.the,lot.to drain toward the street, or grading perimeter swalcs and directing them into the pond or street. Lots that naturally drain into the system are not required to provide these measures, RwnlllTO C aih �Ctiy^' cllr,�� tELYE 7428 fY&4787 BOOK PACE IN WITNESS WHEREOF„the undcr`sign, Ling tile ar�l e Heahcreiq has caused this Amendment to Declaration of Annexation to be executed by its duly authorized agents as of the day and year first above written. '99 AN 26 Pn 1 90 &Y S'JE OUTSim w NORTH CAROLINA NEW HANOVER COUNTY LANDFALL ASSOCIATES, a North Carolinajoint venture Authorized Agent By: 4 J�14i t ,G 2d ' Authorized Agent I, , ' _ o iVASOM , a Notary Public in and for the State and Cy unty aforesaid, do certify that aid nne>._ �_i�io+uS and S, ket''�'{. Coo Pa ✓ , personally appeared before me this day and acknowledged the due execution of the foregoing instrument on behalf of Landfall Associates, a North Carolina Joint Venture (General Partnership), and that by authority duly given and as the act of thejoint Mutire, the foregoing instrument was signed by them in its name. WITNESS my hand and official seal this.2bday ofc]nn or , 1997. .. c��`°: • . 2 : Not ' Pu c f f�PTAgL'. My Commission Expires: �'',�, ygNOVEf1 ���•• rrnnrrp„" STATE OF NORTFI CAROLINA COUNTY OF NEW HANOVER The foregoing certificate of U .t L�'-e� r�� �..Ujrae.' `�� , Notary Public, is certified to be correct. r' This the ') r day of _ 199s. REGISTER OF DEEDS OF NEW HANOVER COUNTY Deputy 7428 cce.lrrcnr�o�n.rwvu \ \2R iR/ O ( \ 53 51 \ 52 49 \/ / 50 / BLOCK 3 \ 36 \/ �\ 35 \ oy 44 / \ 34 \ Y�yp33 r 32 \' 31 �- 30 - V /=O f L 29 JI .0 ovx. �me V,C,.,1'Y \ 2 4 �\`��\ � AIAP 2R \ 19 ep rn t r.m....... ./'0' ' 20 / 21 /. RECORDED F�9F�i:lCIIli ®Fffi'J�_FflFJQI}F snccis>rmrun`u{�}tF, 4u OFgEeIFS4Fi1 �Fffi'JiPJiFS nAv i�LyFF3 �: :lOt>EfNf. u . Y. MII.1 F&� J�J�lytrvyi. Fl�miF�y,�gr�i�F.���ryy. ®� � m�l:li�kFkFcfF6biQlf E91�eTIF'S'li:F(FOF9CF�ggfflyy.rCrf FF'J:1 F9FieTlFifI�1iF:IRL.1�`�F:IY�� [•7IIliTIF6➢f�Olii['FI4�Li!'1Cf �CE:ICbtlii4'IFSYQF[�1 �F3SI eF'I. F�iII"IfSi{£ Y.i'y�FTiFY'.+ �Y{�r5�/p�J. STATE OF NORTH CAROLINA Department of Environment and Natural Resources WIRO Regional Office FILE ACCESS RECORD. SECTION SWP DATE/TIME NAME REPRESENTING SEG Guidelines for Access: The staff of the Regional Office is dedicated to making public records in our custody readily available to the public for review and copying. We also have the responsibility to the public to safeguard these records and to carry out our day-to-day program obligations. Please read carefully the following before signing the form: 1. Due to the large public demand for file access, we request that you call at least a day in advance to schedule an appointment for file review so you can be accommodated. Appointments are scheduled between 9 00 a.m. and 3 00 p.m. Viewing time ends at 4 45 p.m. Anyone arriving without an appointment may view the files to the extent that time and staff supervision are available. 2. You. must specify files you want to review by facility name or incident number, as appropriate. The number of files that you may review at one appointment will be limited to five. 3. You may make copies of a file when the copier is not in use by the staff and if time permits. There is no charge for 25 or less copies cost per copy after the initial 25 is 2.5 per copy. Payment is to be made by check, money order, or cash in the administrative offices. 4. Files must be kept in the order you received them. Files may not be taken from the office. No briefcases large totes etc are permitted in the file review area To remove, alter, deface, mutilate, or destroy material in public files is a misdemeanor for which you can be fined up to $500.00. 5. In accordance with GS 25-3-512, a $25.00 processing fee will be charged and collected for checks on which payment has been refused. 6. The customer must present a photo ID, sign -in, and receive a visitor sticker prior to reviewing files. FACILITY NAME COUNTY 1. GQ/,L-C S l� 2. 3. / 4. Signature/Name 15f F-iii;m or BusinesV Date Time In. Time Out (Please attach business card to form if available) # Copes: �T Amt. Pd: J, 1, MARC F. GLENN, CERTIFY THAT 7'FIIS PROPERTY WA5 50RVFYE7? AND MAP DRAWN UNDER MY SUPERVISION: DC5GKIFYION AS SHOWN ON ThIF FACE OF ]HIS PIAT; RATIO OF PKFC151ON A5 CAI CUTATED 13YCOMPLJTER '1.5 I ?O f JO-r: RIAT IFIL. UOIJNUARIh,5 NOT 5IIRVLYED ARE SHOWN SY DROKEN IINF5 PLOTTED FROM INI-OkMAPON REF I RFNCEO: 7PIA7THIS PLAN WAS I KI-PARLD W ACCORDANCE W171J 'IfIE 57'ANDARD5 OF PRACIICF FOR LAND 50RVEI7NG IN NOR1N CAROLINA•, R97NF55 MY ORIGINAL 516NA7URE, LICENSORE �.�-- NUMDER ANO F)EAL TH15 27711 DAY OF JUNE AI?. 2016. ----_---�- 3/4" PINCH TOP YIPF FOUND MARE F. GLENN N.C. 1'L5 No. 1-4305 S E A L = L-4308 . SU FinGV LANDFALL ASSOCIATES CONSFRVATION FASFMFNT MAP BOOK .35 PAGE 195 .� 3/4" PINCN TOP PIPE FOUND I LOT4 BLOCK 45 LANDFALL 11 MAP BOOK 37 PAGE. 144 RFBAR FOUND a0nph ryda �/�' Dlle 1 DRAINAGE EASEMENT NOTE: SEE MAP BOOK 37 PAGE 144 II FOR TIE INFdRMATION ?)00 a P/ LOT AREA 20j Poor. )A(-) 1771 'TWO-ToRY... 6 BRICK DIVEILING la ui U�G I OAS TANK Q m 91.8' 0930►� 3/4` PIPE FOUND V CHORD N 16°I I '03' E 87.60' , v R= 75.00' DELTA 71'27'53" �'7�Ij N24003'36"E _. _El "--�--- 52.3V MORELAND DRIVE 50' RIGHT OF WAY (PRIVATE) , SURVEY REFERENCE OEED BOOK 3286 PAGE 120 MAP BOOK 37 PAGE 144 I✓nd!,I11I P.k dSWiv,jLLo° 5_2220 Ml mU e Onva.dwy LOT(,' BLOCK 45 LANDFALL 11 MAP BOOK 37 PAGE 144 i i i 5/6" RFBAR 5ET ; I % i N -f[ P ' aP� CSJ � i 3/4" PIPE FOUND /1 v' UTII.m' \� EASEMENT Yl \\ / I JUNE 2G. 201 G 5URVEYFOR Suzanne, Green and Michele LOT 5 61.00K 45 LANDFALL L WILMINIy-TON TOWN3HIP NN,V MANOVER COUNTY ° #2220,MORELANO DRIVE Grouse. NORTH CAROL-INA N LEGEND 50 O 215 50 Q = EXI571NG RF.IlAR sOR�'/EY//6�C PL/C 6 = sJ�" RruAR SET INCH = 50 FEET L' 20HASTBFOFOBDR00D 5UDDIV1510N MONUMENT NOTF:TIros LOT IF LOCATFO WIIMINGTON, NC28411 C = CFNTERIINE IN 70NF X w PN(9101-616 42/0 Rhv =RIGHT OF WAY FIRM COMMUNITY PANEL N 37204203 J FDX19101319.7325 FIRMIIC#0756 AREA DYCOORDINAIfME7rIOD DA7ED:211C12007 HANDRAIL (SEE DETAIL) TOP ELEV. 10.0- ELEV. 9.5 ' S Wyly;OT • 5 4 -i -/ 1 t '1'r J f�i •. - ._ _ _ i 1 ] but �. C 1�1C9frv�G� W`