SW8981039_Compliance Evaluation Inspection_20040920

jiaitiptoto
DEM Regional Office finIi) RECEIVED
127 Cardinal Drive Extension
Wilmington,NC 28405-3845 S E P 2 C 2 n n4
September 15,2004 BY:
Dear Mr. Beecher:
In regards to our telephone conversation this morning,I am sending this letter as
confirmation that I am now fully award of the two issues concerning our retention pond
at our property, located at 5181 Southport Supply Road, S.E., Southport,NC.
The two issues that need to be addressed immediately are:
1) A Design Certificate has never been issued for the retention pond,indicating
that the engineering firm, Trip Engineering,did not inspect and approve the
design of the retention pond itself.
2) When the retention pond was inspected,the required forebay was not visible.
I understand that a citation was issued on June 14,2004, and at this time we must respond
immediately to address these issues. We will contact Trip Engineering today, September
15, 2004, and request a site visit from them.
Pending the availability of Trip Engineering to make this visit,we intend to make any
required changes to the forebay as quickly as possible. We anticipate that this project
shall be completed by January 1,2005.
Should you need to contact me to discuss the components of the citation further,I can be
reached at the hotel at [phone]. Thank you for your assistance in this matter.
Best regards,
Baxter Alexander
Chief Engineer
Hampton Inn Southport
Cc: Eleanor Erickson
Diane Radcliffe
David Kalik
Gordon Lovingood
HAMPTON INNS-SOUTHPORT
5181 Southport Supply Road SE•Southport, NC 28461
[phone] • Fax ( 910) 454-0032

•
S E P 13 2004
ii i‘.3 _
INVESTMENTS, INC .
220 Church Street • Suite 101 • Mt. Pleasant, SC 29464 TEL: [phone] • FAX [phone]
September 9, 2004
Mr. Rick Shiver
North Carolina Department of Environment&Natural Resources
127 Cardinal Drive Extension
Wilmington,NC 28405-3845
RE: Hampton Inn SouC_______
Stormwater Perin39
Brunswick Count
Dear Mr. Shiver:
I am in receipt of your certified letter dated August 30,2004 in regards to the completion
of the forebay wall at the above referenced Hampton Inn in Southport,NC. Following
please find our plan of action for the completion of this forebay wall:
Plan of action:
1.) By September 15,2004 we will contact the general contractor to get a copy of the
plans so that we can review what was not completed.
2.) Between September 10, 2004 and September 21,2004 we will make a diligent
effort to find the site contractor responsible for the construction and completion of
the drainage system.
3.) By September 30,2004 we will find another contractor if this site contractor
cannot be found or if he is out of business. We will get estimates from other site
contractors to finish the job.
4.) September 30, 2004 through October 7,2004 we will hire a site contractor to
finish the forebay wall as approved.
5.) Construction of the forebay wall will occur from October 7,2004 through
October 21,2004.
6.)
Member of
"<$4
Commercial Real Estate •• Investments •• Development

7.) Between September 10,2004 and September 30,2004 we will contact Tripp
Engineering,the designer of this drainage system and request designer
certification that the work was completed.
Please contact me regarding this situation at your earliest convenience. If you have any
questions or need any further information,please do not hesitate to contact me at(843)
849-5455.
Sincerely,
gvAc,u(..„
C. Gordon Lovingood
President

Sep 09 04 12: 23p p. 1
■
C3 INVESTMENTS , INC .
220 CHURCH STREET , SUITE 101
MT . PLEASANT , SC 29464
FACSIMILE TRANSMITTAL SHEET
TO: FROM:
Rick Shiver Gordon Lovingood
COMPANY: DATE:
NC Dept.of Environment&Natural 9/9/2004
Resources
FAX NUMBER: TOTAL NO.OF PAGES INCLUDING COVER:
910-350-2004 4
PI ONE NUMBER: SENDER'S PIIONE NUMBER:
910-395-3900 843-849-5455
RE: SENDER'S FAX NUMBER:
Hampton Inn Southport,Stonnwater 843-849-3044
Permit No.981039,Brunswick
County
❑URGENT ❑FOR REVIEW ❑PLEASE COMMENT 0 PLEASE REPLY 0 PLEASE RECYCLE
[CLICK HERE AND TYPE RETURN ADDRESS]

SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY
111 Complete items 1,2,and 3.Also complete i 1 A. signat/re. r
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PS Form 3811,August 2001i ,i .. ):.i,PPMeeitic•Fteturn.ReceiPt. 102595-02-M-154f
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FwArF
,✓R• 9 Michael F.Easley,Governor
0 .. William G.Ross,Jr.,Secretary
r North Carolina Department of Environment and Natural Resources
_ — % Alan W.Klimek, P.E.Director
Division of Water Quality
August 30, 2004
CERTIFIED MAIL 7002 2410 0003 1721 1087
RETURN RECEIPT REQUESTED
Mr. Gordon Lovingood, President
C-3 Investments, Inc,
220 Church Street,,Suite 101
Mt. Pleasant, SC -29464
Subject: NOTICE OF RECOMMENDATION FOR ENFORCEMENT
Hampton Inn Southport
Stormwater Permit No. 981039
Brunswick County
Dear Mr. Lovingood:
This letter is to notify you that the Wilmington Regional Office of the Division of Water Quality
is.considering sending a recommendation for enforcement action to the Director of the Division
of Water Quality. The recommendation concerns the violation of North Carolina General
Statute NCGS 143-215.6A(2), failing to act in accordance with the terms, conditions, or
requirements of a permit required under NCCS 143-215.1.
On June 14, 2004,,you were notified via certified mail, of the specific violations of the State •
Stormwater Management Permit, and. requested to construct the forebay wall and provide the
Designer's Certification. You acknowledged receipt of the NOV via fax on July 14, 2004,
however, no plan of action or deadline date was provided, and to date, no action has been
taken. If you have an explanation for this violation that you wish to present, please respond in
writing to me within ten (10) days following receipt of this Notice. Your explanation will be
reviewed and forwarded to the Director with the enforcement package for consideration.
By copy of this letter to the Town of Southport Building Inspections Department, this Office is
requesting that the Building Inspector consider withholding building permits and Certificates of
Occupancy for this project until this matter is satisfactorily resolved. If you have any questions
concerning this matter, please contact Linda Lewis or me at [phone].
Sincerely,
Rick Shiver
Regional Supervisor
Surface Water Protection Section
RSS\arl: S:IWQSISTORMWATIENFLETR198I 039.aug04
cc: Town of Southport Building Inspections
Bob Sledge
Wilmington Regional Office
Central Files
North Carolina Division of Water Quality 127 Cardinal Drive Extension Phone[phone] Customer Service 1-877-623-6748
Wilmington Regional Office Wilmington,NC 284053845 FAX [phone] Internet h2o.enr.sfate.nc.us
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1
f WAr - Michael F. Easley, Governor
T.
WpWilliam G, Ross Jr. Secretary
North Carolina Department of Environment and Natural Resources
$3.5 �I Alan W. Klimek,P E.,DIrector
` Division ofater Quality
Colson H. Sullins, Deputy Director
i Division of Water Quality
FAX COVER SHEET
fil;
Date: July 14, 2004 No. of Pages: 1 --"
To; Gordon Lovingood From:Linda Lewis
Cojnpany: C3 Investments Water Quality Section - Stormwater
FAX#: [phone] FAX# [phone]
Phone #[phone]
1
DWQ Stormwater Project Number: SW8 981039
Project Name: Hampton Inn, Southport
MESSAGE:
Dear Mr. Lovingood:
Thank you for your response to the Notice of Violation. As you are aware, the permit for
the adjacent outparcel was originally submitted as a modification to the permit. The
Division automatically schedules an inspection of the facility prior to issuing any
modified permits. The inspection was completed prior to the Division knowing that the
modification was not really a modification.

QF WA1 Michael F. Easley, Governor
''' William G. Ross Jr. Secretary
Apr North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E.,Director
Coleen H.Sullins,Dpputy rDirector
Division of Water Quality
FAX COVER SHEET
Date: July 14, 2004 No. of Pages: 1
To: Gordon Lovingood From: Linda Lewis
Company: C3 Investments Water Quality Section -Stormwater
FAX#: [phone] FAX# [phone]
Phone # [phone]
DWQ Stormwater Project Number: SW8 981039
Project Name: Hampton Inn, Southport
MESSAGE:
Dear Mr. Lovingood:
Thank you for your response to the Notice of Violation. As you are aware, the permit for
the adjacent outparcel was originally submitted as a modification to the permit. The
Division automatically schedules an inspection of the facility prior to issuing any
modified permits. The inspection was completed prior to the Division knowing that the
modification was not really a modification.
Additionally, an inspection of the facility had been conducted in April, 2002. There is no
correspondence from you in the file to indicate that the deficiencies outlined in that letter
had been taken care of. Most importantly, emailed correspondence from Tripp
Engineering, indicated that the pond was uncertifiable and that you did not request a re-
inspection after they gave you their comments.
So, the NOV was the culmination of the scheduled inspection for the modification, and
the fact that no response to the previous inspection report had been received.
RSS\arl: S:IWQS\STORMWATIADDINFO120041981039.ju104
N.C.Division of Water Quality 127 Cardinal Drive Extension [phone] Customer Service
Wilmington Regional Office Wilmington,NC 28405 [phone] Fax [phone] N! E-N;

P_O1
]u1 - 14-04 1Ot48AII
' C3 INVESTMENTS , INC .
220 CHURCH STREET , SUITE 101
MT . PLEASANT , SC 29464
FACSIMILE TRANSMITTAL SHEET
10:
MOM:
Linda IA:wis Gordon IA)vin ood
COMPANY: MTV:
NC 1)ept.off?nvironment&Natural 7/14/2(l04
Resources
FAX NI:Wilt: 1'l1'I'Al.NO.f)IW 1'AL;1 S INCLUDING(.(IVI[It:
910-350-2004 14
l'IIONI:NI IMIt1:I+: SI?N1)I•:K'S I'I ION F.NUMBER:
910-395 3900 843-849-5455
lilt' `tiNI)I:It'S 1 AX NUMSI(It:
May 17,2.O04 Notice of Violation, 84—849-3(144
I fampton Inn,Southport,NC .
❑ U'R[;FiNi ❑l()& RRVi1:W ❑ 1'1.RAS LOMMt::N'r ❑ PLEASE REPLY ❑ PLEASE RECYCLE
1 anda,
I have received the attached letter regarding violation of Stormwates Permit Number SW8
981039. 1 am trying to track down the contractor who was to have performed this work
and was paid in full to perform this work at. my I fampton Inn in Southport,NC. I was
unaware of this situation—what brought this up?
Thanks for your attention to this matter. I can be reached at my office at [phone] or
via fax at [phone].
Gordon Lovingood

Jul -14-04 1O:48A P_02
OF q rF9 Michael F. Easley, Governor
�• p William G. Ross Jr.,Secretary
0 North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E.,Director
Division of Water Quality
Coleen H. Sullins, Deputy Director
"411.0010. Division of Water Quality
V-
June 14, 2004 ( )/ 4/
CERTIFIED MAIL#7002 1000 0005 2389 7921
RETURN RECEIPT REQUESTED tyVVII t,
Mr. Gordon Lovingood, President I�
C-3 Investments, Inc.
220 Church Street, Suite 101
Mt. Pleasant, SC 29464
Subject: May 17, 2004 NOTICE OF VIOLATION !f'
Hampton Inn, Southport
Stormwater Project No. SW8 981039
Brunswick County
Dear Mr. Lovingood:
The Division's May 17, 2004, Notice of Violation, previously sent under Certified Mail
#7002 1000 0005 2389 7983, was returned on June 14, 2004, due to an incorrect zip
code. Please find enclosed the original Notice of Violation.
Since you did not receive the Notice, the Division is extending the deadline to submit
the "Plan of Action", referenced in the original letter, to July 14, 2004. Failure to provide
the Plan of Action, or to correct the violations by the date designated in the Plan of
Action, are considered violations of 15A NCAC 2H.1000 and may result in the initiation
of enforcement action which may include recommendations for the assessment of civil
penalties, pursuant to NCGS 143-215.6A.
If you have any questions, please do not hesitate to call Rick Shiver or me at (910) 395-
3900_
Sincerely,
14-714L-) a6"
Linda Lewis
Environmental Engineer
RSS\arl: S:IWQS\STORMWATILETTERS120041981039.jun04
cc: Phil Tripp, P.E., Tripp Engineering
Delaney Aycock, Brunswick County Building Inspections
Central Files
Linda Lewis
N.C.Division of Water Quality 127 Cardinal Drive Extension [phone] Customer Service 6If
wi Wilmington Regional Office Wilmington.NC 28405 [phone] Fax [phone]

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Q�W`ATF4, Michael F. Easley, Governor
Q William G. Ross Jr. Secretary
_� North Carolina Department of Environment and Natural Resources
> jay,
Alan W. Klimek, P.E.,Director
O 1 -c Division of Water Quality
Coleen H. Sullins, Deputy Director
Division of Water Quality
June 14, 2004
CERTIFIED MAIL #7002 1000 0005 2389 7921
RETURN RECEIPT REQUESTED
Mr. Gordon Lovingood, President
C-3 Investments, Inc.
220 Church Street, Suite 101
Mt. Pleasant, SC 29464
Subject: May 17, 2004 NOTICE OF VIOLATION
Hampton Inn, Southport
Stormwater Project No. SW8 981039
Brunswick County
Dear Mr. Lovingood:
The Division's May 17, 2004, Notice of Violation, previously sent under Certified Mail
#7002 1000 0005 2389 7983, was returned on June 14, 2004, due to an incorrect zip
code. Please find enclosed the original Notice of Violation.
Since you did not receive the Notice, the Division is extending the deadline to submit
the "Plan of Action", referenced in the original letter, to July 14, 2004. Failure to provide
the Plan of Action, or to correct the violations by the date designated in the Plan of
Action, are considered violations of 15A NCAC 2H.1000 and may result in the initiation
of enforcement action which may include recommendations for the assessment of civil
penalties, pursuant to NCGS 143-215.6A.
If you have any questions, please do not hesitate to call Rick Shiver or me at (910) 395-
3900.
Sincerely,
Linda Lewis
Environmental Engineer
RSS\arl: S:IWQSISTORMWATILETTERS120041981039.jun04
cc: Phil Tripp, P.E., Tripp Engineering
Delaney Aycock, Brunswick County Building Inspections
Central Files
Linda Lewis
N.C.Division of Water Quality 127 Cardinal Drive Extension [phone] Customer Service '
Wilmington Regional Office Wilmington,NC 28405 [phone] Fax [phone] ; Dtisa

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Jul - 14-04 10:48A P-03
�04 WA�FRO Michael F. Easley, Governor
William G. Ross Jr. Secretary
O G7 North Carolina Department of.Environment and Natural Resources
Alan W. Klimek, P.E.,Director
Division of Water Quality
Coleen H. Sullins,Deputy Director
Division of Water Quality
May 17, 2004
CERTIFIED MAIL #7002 1000 0005 2389 7983
RETURN RECEIPT REQUESTED.
Mr. Gordon Lovingood, President
C-3 Investments, Inc.
220 Church Street, Suite 101
Mt. Pleasant, SC 28464
Subject: NOTICE OF VIOLATION
Hampton Inn Southport
Stormwater Permit No. SW8 981039
Brunswick County
Dear Mr. Lovingood:
On November 21, 2003, the Wilmington Regional Office of the Division of Water Quality
received a stormwater management permit application for an offsite facility to discharge
its stormwater into this permitted facility. The facility was permitted to accept the runoff
from the adjacent outparcel owned by Brian English, however, for whatever reason, you
have chosen not to allow this to occur. The Division cannot force you to take this runoff.
The permitted Stormwater Management facility has been and continues to be out of
compliance with its permit, issued to you on February 3, 2000.
The project has been found in violation of Stormwater Permit Number SW8 981039,
issued pursuant to the requirements of 15A NCAC 2H.1000. The violations found are:
1. Section 11.7- Failure to provide the required Designees Certification upon
completion of the project, and prior to operating the system.
2. Section 11.6- Failure to construct the facilities as shown on the approved
plans. Pictures of the pond taken around February 16, 2004, show that
there is no forebay wall, as is required under the permit, and as is shown
on the approved plans.
3. Section 11.15-Failureto submit a written time schedule for modifying the
site to meet the minimum requirements after an inspection report was
issued on April 17, 2002.
ff41
N.C.Division of Water Quality 127 Cardinal Drive Extension [phone] Customer Service
Wilmington Regional Office Wilmington,NC 28405 [phone] Fax [phone]

a;.i1 -1$4-04 10:49A P_04
May 17, 2004
Hampton Inn Southport
Stormwater Permit No. SW8 981039
To correct these violations you must:
1. Provide a written "Plan of Action"which outlines the actions you will take
to correct the violations and a time frame for completion of those actions,
on or before June 17, 2004. This must include responses to the inspection
report items of April 17, 2002.
2. Construct the permitted forebay wall.
3. Submit the required Designer's Certification.
Failure to provide the "Plan of Action" by June 17, 2004, or to correct the violations by
the date designated in the "Plan of Action", are considered violations of 15A NCAC
2H.1000, and may result in the initiation of enforcement action which may include
recommendations for the assessment of civil penalties, pursuant to NCGS 143-215.6A.
By copy of this letter to Brunswick County Building Inspections, this Office is requesting
that the Building Inspector consider withholding building permits and Certificates of
Occupancy for this project until this matter is satisfactorily resolved.
If you have any questions concerning this matter, please call Linda Lewis at (910) 395-
390°.
Sincerely,
Rick Shiver
Water Quality Regional Supervisor
RSS\arl: S:\WQS1STORMWAT1NOTICE\981039.may04
cc: Phil Tripp, P.E., Tripp Engineering
Delaney Aycock, Brunswick County Building Inspections
Linda Lewis
Central Office
Page 2 of 4

Re: 211 site
9'3103'1
Subject: Re: 211 site
From: "Bonkers" <[e-mail]>
Date: Thu, 15 Apr 2004 20:52:00 -0400
To: "Linda Lewis" <[e-mail]>
Linda,
We're both professionals, so I hope you dont hold ill will towards me after
this.
As I've said before, I'll work to the best of my efforts for my client,
Bryan or you, should that ever be the case.
I'll make this statement, I think you're taking a very wrong position here.
In essence, getting in between 2 parties, and with the knowledge that the
"other site" on this permit was considered in, and accepted in the original
permit.
You know that the entire site was permitted, Lovingoods and English.You have
seen the permit modification plans. Connection to the retention pond is a
given, under current DWQ permit regulations. Thus we'll proceed accordingly
with construction and connection to this pond.
Your department would have not permitted this if it did not include "all
drainage" as issued and permitted and accepted in section 5. Connection to
the pond, is a laymans term to cause problems on our site construction. This
will no longer be tolerated. Tell Gordon to call his mother, not you.
Any lawyer, with half a brain, will chop you to pieces in court. The permit
clearly stipulates the addition of a outparcel owned by Bryan English, as
part of the permitted conditions, for what? Additional wordies and forms, to
make more work for you guys? Why stipulate it in the original permit that
the additional flow volume to the pond, if there wasnt a pre-agreed joint
use intention to connect future flows to a pond "pre-enginerered to accept
these flows"? Whether you think so or not.
Therefore your arguement is moot. reed'm and weep! Stormwater flows, and the
permit allow my client to continue, superfluous of your thoughts. We are in
compliance with the initial submittal for this permit modification. You may
take us to court, are you willing to lose? Your saying we "can not connect
to the pond" is in direct violation with the agreed and stiputlated point in
this permit that the pond "will allow" for. Bryan's project area.
Gordon Lovingood is in violation with his pond. You should not hold my
client as a captive during your attempt to get Lovingood to comply. Bryan
has paid his $420 modification fee. Your fault was to not to get Gordon
Lovingood's retention pond certified.Do I need to proceed?
Your arguement makes no legal sense to the permit as was issued.
Gordon Lovingood is way out of line here. And we have the permit conditions
and specifications to prove it.We can connect as we deem necessary, or his
entire permit is void! Your call.
Whether Bryan English, knowingly or not, allowed Gordon Lovingood to place a
permit in his name (C-3 Investments) is essentially a moot point. You have
personally verified that Bryan English had a permit in his name for this
site, if he, Lovingood, was so bold and intelligent, he would have removed
any association to the original "Bryan English" permit relating papers, or
at least would have been capable of removing item no. 5 from the original
permit.
Any judge will consider the permit as written (SW8 981039) and will make the
simple assessment that item 5 shows clear intention at the time of the
issuance of the permit between C-3 Investments and Bryan English, to allow
said additional development and stormwater flow relating to future
development from Bryan English has been pre-engineered and pre-established
stormwater flows to be directed and deposit the stormwater into said
permitted pond.
1 of 3 4/16/2004 9:26 AM

Re: 211 site
In this event, I'd ask that you goveren yourself accordingly.
In other words, kiss my foot.
Steve
Original Message d
From: "Linda Lewis" . <[e-mail]>
To: "Bonkers" <[e-mail]>
Sent: Thursday, April 15, 2004 5:21 PM
Subject: Re: 211 site
Steve,
Yes, I got the fax. I've been in the field this afternoon. I'll try to
explain as best I can regarding how permits, modifications, offsites,
and ownership work.
Yes, the first permit was issued to Bryan English. Then, for whatever
reason, a modification was submitted with Gordon Lovingood named as the
owner and permittee, supposedly with Mr. English's full knowledge. Had
Mr. English stayed the permittee, Mr. Lovingood would be the one who
would have submitted an offsite application for the hotel to use the
pond. The Division knows only what is represented to us on the
application. If Mr. Lovingood misrepresented himself on the application,
then that's a different story. I have no way of knowing what
conversations were held, or what agreements were reached between Mr.
English and Mr. Lovingood at the time of the modification, unless they
want to meet with me to discuss it.
So, right now, Mr. Lovingood holds a permit for a pond. That permit says
that the adjacent outparcel, owned by Mr. English, has been accounted
for at 40,126 sq. ft. It does *not* say that Mr. Lovingood is required
to allow that runoff to enter the pond. The pond is only sized to accept
it, should the owner of the outparcel choose to utilize it, and should
Mr. Lovingood choose to allow it. The Division expects that the legal
stuff to accommodate the permit conditions will be handled appropriately
between the parties. The Division cannot mandate that the permittee take
the runoff from the outparcel if no legal agreement to do so exists,
despite the permit.
This may be one of those situations to chalk up to experience and kiss
goodbye.
Linda
Bonkers wrote:
*Linda, you get my fax yet?*
**
*Granted, I'm good looking, intelligent, and a all around good
guy have I told you about my modesty, lmao!*
**
*Seriously, I knew I had seen Bryan's name on something before I went
for that modification. Come to find out, it is on the original C-3
properties permit.*
*Bryan was embarrassed feeling that he'd dropped the ball with that
guy, and he stuck it to him. Me, I was feeling. . .incompetant.*
**
* We all make some Ruh-Rows along the way, lol.*
**
*As I like to put it. . . .As you go thru life, you'll get some love and
some lumps. Hopefully more love than lumps. If more lumps than love,
then if you're gonna be dumb, you gotta be tough, lol.*
*I hope this will work out now, for everyone.*
**
2 of 3 4/16/2004 9:26 AM

Re:211 site
*Sincerely*
*Steve*
3 of 3 4/16/2004 9:26 AM

Date: April 15,2004
To:Linda Lewis
From: Steve Greer
Re:211 site, Southport
Linda,
Accompanying this fax is a page from the original permit issued to C-3 Investments.
Section I,Design Standards,part 5,clearly spells out and states Mr.Bryan English's
name twice and that he owns an adjacent parcel of land that this permit clearly states as a
condition of the issuance of the permit is included in the pond design. And that Mr.
English will comply with the impervious area restrictions for his adjacent property as set
forth in permit SWS 981039,dated 3,Feb.
The permit also states,prior to the Design Standards Section,the following"The permit
shall be effective from the date of issuance until February 3,2010 and shall be subject to
the following specified conditions and limitations.
Should not this negate Gordon Lovingood's position for denial for our pond connection?
If you come to the same conclusion that I have,then our original submittal as a
"modification to the permit"was and is correct.
S'4411 i i
ill° f/ ,
en B.Greer
4 is
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Tf1 7[riJ 9 QNV N V 960tL9b0t6 Z0:90 1700Z1£I/0

State Stormwater Management Systems
Eermit No. SW8 981039 Modification
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
STATE STORMWATER MANAGEMENT PERMIT
HIGH DENSITY DEVELOPMENT
In accordance with the provisions of Article 21 of Chapter 143,General Statutes of North Carolina as amended,and
other applicable Laws,Rules,and Regulations
PERMISSION IS HEREBY GRANTED TO
C-3 Investments, Inc.
Hampton Inn Southport
Brunswick County
FOR THE
construction,operation and maintenance of a wet detention pond in compliance with the provisions of 15A NCAC
2H .1000 (hereafter referred to as the "stormwater rules') and the approved stormwater management plans and
specifications and other supporting data as attached and on file with and approved by the Division of Water Quality
and considered a part of this permit.
This permit shall be effective from the date of issuance until February 3,2010 and shall be subject to the following
specified conditions and limitations:
L DESIGN STANDARDS
1. This permit is effective only with respect to the nature and volume of stormwater described in the
application and other supporting data.
2. This stormwater system has been approved for the management of stormwater runoff as described on page
3 of this permit,the Project Data Sheet.The stormwater control has been designed to handle the runoff from
a total of 922 476 square feet of impervious area.
3. Approved plans and specifications for this project are incorporated by reference and are enforceable parts
of the permit.
4, The tract will be limited to the amount of built-upon area indicated on page 3 of this permit, and per
approved plans.
A total 0 40,126 .quart feet of impervious area from the adjacent outparcel,owned by Mr.Bryan English,
has been i '•,• in the pond design.Mr.English has consented to restricting the property to that amount_
„n 9 rtNW A t, 960TL9ti0T6 Z0:90 tieeZ/ET/V0

Hampton pond
Subject: Hampton pond
From: [e-mail]
Date: Mon, 16 Feb 2004 15:07:04 -0500
To: [e-mail]
Linda,
Here's some pic's of that pond I took today. I dont know whom told you what, but th
pond is in good shape...as is. Orifice is working great, you can see the picture. And
the water coming thru it is clear! Plenty of clearance blow orifice also. I dont know
how it was described as being buried! From the damp area around perimiter of the
pond, about 18"-2'-0" of draw down and is working as advertised. Flow into pond
didnt even make it to the weir top! There is a small area, about 6' long, near outfall
flared end section that has what appears to be 9" deep of sediment. We can remov
that material, but the pond bottom cant be seen, suggesting 3' of depth. Other than
adding some copper-sulphate or algaeside, pond is in good working order.
Steve
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5 of 5 2/19/2004 9:14 AM

Re: Hampton Inn SW8 981039
Subject: Re: Hampton Inn SW8 981039
From: "Phillip Tripp" <[e-mail]>
Date: Thu, 12 Feb 2004 10:05:44 -0500
To: "Linda Lewis" <Linda,[e-mail]>
Linda,
The last time we visited the site, the pond was uncertifiable.
We
provided comments to the owner and never were requested to
re-inspect .
Charlie
Original Message
From: "Linda Lewis" <[e-mail]>
To: "Steve Greer" <bonkers@mfire. com>; "Phil Tripp"
<trippeng@ec. rr. com>
Sent: Wednesday, February 11, 2004 4 : 04 PM
Subject : Hampton Inn SW8 981039
> Steve:
> I also can't find where the pond has been certified by an
appropriate
> design professional . I 'm copying this email to Phil Tripp,
since he did
> the original plans . Maybe he can dig up the certification, if
one was
done .
> Phil- Your project number is 99046 . The site is the Hampton Inn
on
> Highway 211 in Brunswick County, Gordon Lovingood is the
permittee . I
> need a PE Certification for this pond.
> Thanks,
> Linda
1 of 1 2/12/2004 12:23 PM

Hampton Inn Plan Revision
Subject: Hampton Inn Plan Revision
From: Linda Lewis <[e-mail]>
Date: Wed, 11 Feb 2004 15:55:01 -0500
To: Steve Greer<[e-mail]>
MR. BONKERS:
Do you know the status of the pond' s compliance? I came across an
inspection I had done back in April of 2002, (attached) , however,
there was no response from the owner in the file. I don' t think
I 've been back-maybe I need to send Gary out there to look at it .
It appeared that sediment had accumulated over the orifice. In
small shallow ponds, the pond depth must be checked more
frequently. With the development of the adjacent parcel, even more
sediment will be coming in and clogging it up. I am looking for
confirmation that the pond has been mucked out since that report .
Thanks, Linda
1 of 1 2/11/2004 3:55 PM

�O�Wq � � Michael F. Easley, Governor
O G William G. Ross, Jr., Secretary
North Carolina Department of Environment and Natural Resources
o �c
Gregory J. Thorpe, Ph.D., Acting Director
_Pr Division:of Water Quality
Wilmington Regional Office
April 17,2002
Mr. Gordon Lovingood,President
C-3 Investments, Inc.
220 Church Street, Suite 101
Mt. Pleasant, SC 29464
Subject: COMPLIANCE INSPECTION
Hampton Inn Southport
Stormwater Project No. SW8 981039
Brunswick County
Dear Mr.Lovingood:
Please find attached a copy of the completed form entitled"Stormwater Compliance Inspection Report".The
report summarizes the findings of a recent inspection of the project's stormwater controls conducted on April 12,
2002,to determine compliance with Stormwater Permit Number SW8 981039 issued to you on February 3,2000.
A summary of the findings and comments are noted under Section 4 of the report.Please inform this Office
in writing before May 17,2002 of the specific actions that will be undertaken and the time frame required to correct
the deficiencies. Failure to provide the requested information,when required, may initiate enforcement action. If
you have any questions please contact me at the Wilmington Regional Office,telephone number(910)395-3900.
Sincerely,
i?) 1161,40k.) 41i) Ljt-(°.
Linda Lewis
Environmental Engineer
RSS/:arl S:1WQSISTORMWATIINSPECT1981039.APR
cc: Wilmington Regional Office
N.C.Division of Water Quality 127 Cardinal Drive Extension Wilmington,N.C.28405 [phone] Fax[phone] Customer Service
800-623-7748

STORMWATER COMPLIANCE INSPECTION REPORT
Project Name: Hampton Inn Southport(aka Old Georgetown Center)
Project Number: SW8 981039 Control Measure: a wet detention pond
Water Body: Dutchman Creek Classification: SC Sw HQW
Directions to site, address: Off Highway 211/133 outside of Southport.
2. Inspection Date: April 12, 2002
Weather Conditions: sunny,warm
3. Compliance Issues:
a. There was a lot of sediment accumulated around the outlet. It appeared that the orifice might be
covered up with sediment.
4. Required Actions:
a. Please clean out the area around the outlet structure and unclog the orifice..
Inspector: Linda Lewis }4(1(2)L"Water Quality/Wilmington Regional Office/[phone]
RSS/:arl S:\WQS1STORMWAT\INSPECT\981039.APR

i;C INT ED
® T 0 2000
' . 11 13 •
INVESTMENTS, INC .
220 Church Street • Suite 101 • Mt. Pleasant,SC 29464 TEL: [phone] • FAX: [phone]
October 2,2000
Mr. Rick Shiver
Water Quality Regional Supervisor
State of N.C. Department of Environment and Natural Resources
Wilmington Regional Office
127 Cardinal Drive Ext.
Wilmington,NC 28405
RE: Hampton Inn Southport—Stormwater Permit No. SW8 981039
Brunswick County
Dear Mr. Shiver,
Enclosed please find the letter from George Johnson Construction Company outlining a
plan of action to address the issues in your letter dated August 31 s'. As you can see
enclose our plan is to resolve these issues as of October 31st.
Should you have any questions or comments regarding the above,please don't hesitate to
call me.
S. ely,
,"4""f-e--- ,H2-4_
Bernie Bastian
Member nt
O<S4
Commercial Real Estate • Investments • Development

George R Johnson Construction Company
13 Governors Road Southeast Unit 3
Winnabow,North Carolina 28479
Phone: [phone]
Facsimile: 910-253
September 18,2000
Mr.Gordon Lovingood
C3 Investments,Inc.
220 Church Street Suite 101
Mt Pleasant,SC 29464
Dear Mr.Lovingood:
I am responding to your fax dated September 1,2000 concerning the'Notice of Violation"issued by the North
Carolina Department of Environment and Natural Resources. After investigating the noted violations,we are
providing our recommendations,for the"Plan of Action"requested by NCDENR
1. Written"Plan of Action"outlining steps and timeframe to correct the listed violations must be submitted to
NCDENR by October 1,2000.
2. Outlet structure has been cleaned and trash rack installed. Eroded areas should be repaired and as a
preventative measure,we recommend that the sock pipe outlet area be lined with 500x(or approved equal)
filter fabric and armored with Class B rip rap. The area to be lined with fabric and armored with rip rap
should be the eroded area and extending no less than three feet outside that area. This should be
accomplished by October 31,2000.
Weeds and brush on the retention pond slopes should be mowed immediately. A permanent grass cover on
the slopes and rim of the retention pond as well as all denuded areas should be applied using one of the
following methods:a)Hydroseeding Weeping Lovegrass(5 pounds per acre),Fescue(50 pounds per acre),
and Annual Ryegrass(50 pounds per acre)orb)Centipede sod with Annual Ryegrass(50 pounds per acre)
seeded beneath. This should be accomplished by October 31, 2000. A monthly program should be
implemented to maintain these areas. Note: In a situation of excessive erosion,we recommend installing
Excelsior matting using at least six-inch staples.
3. Offsite runoff from the east side of the property is possible. To prevent sheet flow from the adjacent
property,we recommend construction of an eighteen to twenty-four inch bank along the property line.
This would reroute the flow and allow positive drainage along the natural grade for the neighboring
property without runoff entering the retention pond. A permanent grass cover,as listed above,should be
applied to that bank. This should be accomplished by October 31,2000.
4. The designer's Certification should be provided by October 31,2000.
If we can be of assistance with the above recommendations or any other construction need you may have,please
advise.
Sincerely,
Mark B.Hall
Director of Operations

P. 1
* * * COMMUNICATION RESULT REPORT ( OCT. 2.2000 3:42PM )
TTI NCDENR WIRO
FILE MODE OPTION ADDRESS (GROUP) RESULT PAGE
630 MEMORY TX 8-8438493044 OK P. 1/1
REASON FOR ERROR
E-1) HANG UP OR LINE FAIL E-2) BUSY
E-3) NO ANSWER E-4) NO FACSIMILE CONNECTION
State of North Carolina
Department of Environment and Natural Resources
Division of Water Quality
Wilmington Regional Office
James B.Hunt, Governor Bill Holman, Secretary
FAX COVER SHEET
Date: October 2,2000 No. of Pages: 1
To: Bernie Bastian From: Linda Lewis 744"
Company: C-3 Investments,Inc. Water Quality Section-Stormwater
FAX#: [phone] FAX#: [phone]
Phone 0: 910-395-3900
DWQ Stormwater Project#SW 8 981039
Project Name: Hampton Inn Southport
MESSAGE:
Dear Mr. Bastian:
Thank you for your response to the Notice of Violation for the Hampton Inn Southport,In reviewing
the "Plan of Action" compiled by George Johnson Construction, I notice that one of the seeding
options calls for Weeping Love Grass. This grass is not recommended for use in North Carolina,as
either a temporary or a permanent grass cover. The seeding mixture approved Dander the permit is
Bahia,Bermuda and Tall Fescue.Please revise this item of the"Plan of Action"to exclude the Love
Grass,replace it with either the approved seeding mixture or some other seeding mixture without

State of North Carolina
Department of Environment and Natural Resources
Division of Water Quality
Wilmington Regional Office
James B.Hunt, Governor Bill Holman, Secretary
FAX COVER SHEET
Date: October 2,2000 No. of Pages: 1 54140-
To: Bernie Bastian From: Linda Lewis
Company: C-3 Investments,Inc. Water Quality Section- Stormwater
FAX#: [phone] FAX#: [phone]
Phone#: [phone]
DWQ Stormwater Project#SW8 981039
Project Name: Hampton Inn Southport
MESSAGE:
Dear Mr. Bastian:
Thank you for your response to the Notice of Violation for the Hampton Inn Southport.In reviewing
the "Plan of Action" compiled by George Johnson Construction, I notice that one of the seeding
options calls for Weeping Love Grass.This grass is not recommended for use in North Carolina,as
either a temporary or a permanent grass cover. The seeding mixture approved under the permit is
Bahia,Bermuda and Tall Fescue.Please revise this item of the"Plan of Action"to exclude the Love
Grass, replace it with either the approved seeding mixture or some other seeding mixture without
Love Grass,and resubmit it.This seeding requirement would apply to the proposed berm on the east
side as well.
S:1WQSISTORMWATIADDINFO1981039.00T
127 Cardinal Drive Extension,Wilmington,NC 28405-3845 Telephone[phone] FAX[phone]
An Equal Opportunity Affirmative Action Employer

)ct-O2-OO OS: 13A P_O1
e
C3 INVESTMENTS , INC .
220 CHURCH STREET , SUITE 101
MT _ PLEASANT , SC 29464
FACSIMILE TRANSMITTAL SHEET
r'(): r7ROM:
Mr. Rick Shiver Bernie Bastian
l�,crr•.:
NCDENR OC:'TOB1;R 2,2000
I AN N('M15k:R 1'U'1M\J.NO.01 PAC1r_s IN(:i.(:L)ING COVER.
910-350-2004 ,S�
SENL71:R'S RT[FTRF.Nc Nl.'111Bl IL:
843-849-5455
ems' SI±NI)r:R'.S FAN.NLIMBJ::Jt:
Hampton inn ... Southport,NC 843-849-3044
0 URGENT ❑ FOR REVIEW 0 PLl-EASE?COMMENT 0 PLEASE REPLY 0 f'IJ ASU RECYCLE
Dear Mr.Shiver,
Please find the following letters concerning the I larnpton Inn located in Southport,NC.
A hard copy will follow in the mail. 1)61\
Please call me with any questions.
Thank you,
,
Bernie Bastian

SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY
• Complete items 1,2,and 3.Also complete A. Received by(Please Print Clear/ B. 7envery
item 4 if Restricted Delivery is desired. ' `a 1� it .fiN
• Print your name and address on the reverse
so that we can return the card to you. nature
• Attach this card to the back of the mailpiece, f:A, r, o Agent
or on the front if space permits. ; ' ❑Addressee
D. 11 delivery address differe; m tem 1? ❑Yes
1. Article Addressed to: II If YES,enter delivery ar+ below: 0 No
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3. Service Type
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4/y(e) 0 Insured Mail ❑C.O.D.
4. Restricted Delivery?(Extra Fee) ❑Yes
2. Article Number(Copy from service label)
boo o /2.3 d OL 3
PS Form 3811,July 1999 Domestic Return Receipt 102595-00-M-0952
U.S. Postal Service+. •
CERTIFIED'MAIL RECEIPT
(Domestic Mail Only;No Insurance Coverage Provided)
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p,N.Q4e Sent icr
1:3 r. GOr 01 Ov%4 cod
mPostage $ 53 (ti;, I<=r„
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Certified Fee 16 ��7 stmerk
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F'S 1-orm 3&00. ,.12 9 " See Reverse lnr inhtructtOns

State of North Carolina
is Department of Environment APIA
and Natural Resources
"' Wilmington Regional Office wy
4
James B. Hunt,Jr., Governor
Bill Holman, Secretary NCDENR
I Division of Water Quality NORTH CAROLINA DEPARTMENT OF
? ENVIRONMENT AND NAYURAL RESOURCES
i
August 31,2000
I:.
CERTIFIED MAIL 47600 116110 0023 4230 0643
RETURN RECEIPT REQUESTED
Mr. Gordon Lovingood,President
m... C-3 Investments,Inc.
rit
ti,. 220 Church Street, Suite.101
Mt. Pleasant, SC 29464
Id
;' Subject: NOTICE OF VIOLATION
Hampton Inn Southport
Stormwater Permit No. SW8 981039
Brunswick County
Dear Mr. Lovingood:
•
On August 29,2000, Wilmington Regional Office personnel performed a Compliance Inspection of the
• project known as Hampton Inn Southport, located off Hwy 211 between Dosher Cutoff and Hwy i 33 in
Southport, Brunswick County,North Carolina. The inspection was performed to determine the status of
compliance with Stormwater Permit Number SW8 981039,issued to you on February 3, 2000.
The project has been found in violation of Stormwater Permit Number SW8 981039, issued pursuant to
the requirements of 15A NCAC 2H.1000. The violations found are:
isii
f, 1. Section II,Part 6- "The facilities shall be constructed as shown on the approved plans. This
wer permit shall become voidable unless the facilities are constructed in accordance with the
,
if- conditions of this permit, the approved plans and specifications and other supporting data."
{ry
The trash rack on the outlet structure is missing. There is a possibility that offsite runoff is
if
Li entering on the east side of the project. Only runoff from the Hampton Inn site and Mr. Bryan
English's outparcel have been approved for this pond. The deep gullies on that side of the pond
indicate that a large amount of runoff is entering at an erosive rate.
if-
•
2. Section II,Part 7- "Upon completion of construction,prior to issuance of a Certificate of
• Occupancy, and prior to operation of this permitted facility, a certification must be received
from an appropriate designer for the system installed certing that the permitted facility has
been installed in accordance with this permit, the approved plans, and specifications, and other
supporting documentation. Any deviations from the approved plans and specifications must be
noted on the Certification."
The facility has been completed,but the Designer's Certification has not been received.
Y 127 Cardinal Dr.Ext.,Wilmington,North Carolina 28405 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative'Action Employer 50%recycled/10% post-consumer paper

ti
Mr. Lovingood
August 31, 2000
Ri Stormwater Permit No. SW8 981039
NL
3. Section II,Parts 3c, 3d, and 3f- "The permittee shall at all times provide the operation and
?:: maintenance necessary to assure the permitted stormwater system functions at optimum
efficiency. The approved Operation and Maintenance plan must be followed in its entirety and
' maintenance must occur at the scheduled intervals including, but no limited to:
c. Mowing and revegetation of side slopes.
d Immediate repair of eroded areas.
4. f Debris removal and unclogging of the outlet structure.
The slopes are overgrown with woody vegetation and weeds with little permanent grass. The
_ approved plans indicate that a permanent seeding_mixture of Bahia, Bermuda and Tall Fescue is
5; to be planted. There was severe erosion at the eastern corner of the pond-wide, deep gullies have
been cut into the slopes from runoff entering the pond on the east side of the project. The outlet
`:t
a structure was full of trash. It is apparent that a monthly maintenance program has not been
Y. established for this pond.
To correct these violations you must :
Id
''' 1. Provide a written "Plan of Action" which outlines the actions you will take to correct the
violations and a time frame for completion of those actions, on or before October 1, 2000.
t, 2. Clean up the outlet structure, provide the required trash rack,repair the eroded areas,mow the
'' weeds and brush down,
3.; establish a permanent grass cover and a routine maintenance program.
3. Investigate and address the offsite runoff situation. A permit modification is required if this
runoff cannot be rerouted.
4. Provide the Designer's Certification upon completion of the above items.
T:.
Failure to provide the "Plan of Action" by October 1, 2000, or to correct the violations by the date
designated in the "Plan of Action", are considered violations of 15A NCAC 2H.1000, and may result in the
•
initiation of enforcement action which may include recommendations for the assessment of civil and criminal
penalties,pursuant to NCGS 143-215.6A.
By copy of this letter to the Brunswick County Building Inspector, this Office is requesting that the
Building Inspector consider withholding building permits and Certificates of Occupancy for this project until
': this matter is satisfactorily resolved.
.11
If you have any questions concerning this matter,please call Ms. Linda Lewis at [phone].
ti
Sincerely,
g.i.4.ittivi,„,(3.,c,4._ cf.,
Rick Shiver
Water Quality Regional Supervisor
RSS:\arl S:IWQS1STORMWAT\NOTICE1981039.AUG
cc: Phil Tripp,P.E.
Delaney Aycock,Brunswick County Building Inspections
Bradley Bennett
Linda Lewis
Central Office