SOURCES FOR INFORMATION ABOUT WATER RUNOFF

1. Travis Henley, MPA, CFM | Director
Pender County Planning & Community Development
805 S. Walker St.
Burgaw, NC 28425
(910) 259-2110

2. Gideon Smith
Pender County Planning & Community Development
805 S. Walker St.
Burgaw, NC 28425
(910) 259-1202

3. Trentt James
NC Dept of Env Quality
(910) 796-7215

4. Emily Greer
Army Corps of Engineers
(910) 251-4567

5. Holly Snyder
NC Div of Water..
(910) 796-7304

From Mr. Henley’s message of 14 June 2021:

The County's runoff rules only apply in certain circumstances - while they are reviewed prior to a site being developed, they only take affect if a stormwater permit through NCDEQ is required, which typically only occurs when more than 10,000 square feet is proposed to be impervious. There are also certain exceptions given to the building of a single family home too that aren't given to the building of an entire new subdivision or commercial project, for example.

NCDEQ enforces sedimentation and erosion control measures - I will forward your email over to them but based on previous experience I don't know that their rules will apply. I'll forward to the Army Corps of Engineers as well.

In general, the situation you've described is actually a civil issue between property owners. One thing to consider is if there are any drainage easements over the existing creek, but again, rectifying the issue would be a civil matter. I'm no attorney, but as I understand the legal doctrine, a property owner is allowed to make reasonable use of their property but cannot cause undue burden upon a neighboring property owner by redirecting the water or prevent that neighboring property from making reasonable use of their property. Again, I'm no attorney, so my recommendation would be for any feeling aggrieved by the situation to consult their own legal representation.

If you have any other questions about this or anything else, please let me know.

Best regards,
Travis Henley, MPA, CFM | Director