A concerned Brunswick County community was turned away after trying to show a recently approved development plans to use their existing community as a stormwater pond.
Residents behind an appeal dubbed the "Ballast Road Appeal" had a hearing in front of the Brunswick County Zoning Board of Adjustment on Sept. 10. While the overall problem revolves around stormwater runoff concerns from the Pointe Grand development, the appeal was directed toward county actions.
The Pointe Grand development was approved by county planning staff on May 5, 2026. The developer, Florida-based developer Hillpointe, LLC, plans to build 362 total multifamily units, townhomes and apartments, on 43 acres along N.C. 133, Long Beach Road. As approved, the development abuts
21 homes along Ballast Road.
Over 20 residents of the Rivermist at Dutchman Village in Southport submitted three different appeals to the county in June requesting the zoning board of adjustment reverse the planning staff's approval of Pointe Grand. The applicants include Property Owners Association President Donna Jenny on behalf of the association and resident Robert Gehrke with eight others.
Resident Marian Lampman's appeal represents 19 Rivermist residents with abutting properties to the development site that currently sits vacant.
Residents question process and documents
The project did not require public notification nor input before or after approval due to the development being zoned by-right, even though it will be built behind existing homes. The development's approval was first seen on the county's development dashboard map on May 19, according to Lampman's filing. No public notification made it challenging to meet the appeal deadline, Lampman said.
During the zoning board of adjustment's quasi-judicial hearing for Lampman's appeal, Lampman said their attorney argued no definition of "by-right" exists in the county's unified development ordinance - despite the word being mentioned multiple times.
Once a property is labeled by-right, Lampman said "there's virtually no boundaries" other than meeting minimum required standards - which county staff determined the project met.
Residents also brought a traffic impact analysis expert, who identified gaps in the traffic analysis approved by the North Carolina Department of Transportation for the development. The group also contacted roughly 15 stormwater engineers in hopes to have a stormwater expert, but Lampman said the engineers were either too busy or had a conflict.
The traffic expert identified several gaps in the traffic impact analysis, including nearby intersections being left out of the study and assuming 80% of the development's residential traffic moving towards N.C. 87. According to the presentation, the analysis does not show where that traffic goes from N.C. 87, or why the nearby N.C. 211 and N.C. 133 intersection was not studied.
The board did not accept their traffic expert's presentation because the board cannot overturn the NCDOT's approval of the existing analysis, Lampman said. Residents' second continuance request was also denied.
The board of adjustment may reverse or affirm (wholly or partly) and modify the decision appealed and make any order, requirement, decision or determination that "ought to be made" in the case, according to the county's unified development ordinance.
Stormwater concerns rising
Two of the appeals state Rivermist experienced "severe flooding" during Hurricane Florence in 2018 and again during the Potential Tropical Cyclone Eight storm in September 2024. During these events, J. Swain Boulevard, the main access road serving the community, flooded and impaired access to and from the neighborhood.
Lampman's filed appeal claims the development had inaccurate or incomplete supporting documentation during the approval process. Plans show the development having five stormwater retention ponds. However, the county approved stormwater management plan for Pointe Grand shows stormwater being diverted into an existing pipe running into a Rivermist stormwater pond, which is illegal, Lampman explained.
Lampman confirmed that no agreement exists between Rivermist and the developer Hillpointe, LLC, nor the property owner C.F. Smith Properties, Inc. Such an agreement is required by the development's Stormwater Master Plan approval from the North Carolina Department of Environmental Quality.
Representatives of Hillpointe have not responded as of Sept. 11.
Lampman said she is not worried about flooding during regular rain events, but rather erosion and flooding during an extended rain event if the stormwater is pushed onto Rivermist. Though the adding of homes in an "already congested area" is concerning, Lampman said the biggest concern is redirecting the stormwater runoff.
Despite not being in a floodplain, Lampman decided to tripled her flood insurance after hearing about the development because her home abuts wetlands at the edge of the project site.
Next steps in the battle
Asked if she believes the quasi-judicial hearing was fair, Lampman replied "no," noting traffic and stormwater concerns remain.
With the appeal being against the county, Lampman questions if the challenges and pushback residents are facing are due to fear of going against the county.
"I feel like its David v. Goliath," Lampman said.
The residents have 30 days to file an appeal to the Brunswick County Superior Court, if decided.
More on the other filed appeals
Gehrke's appeal echoes Lampman's filing to review the approval and requests the zoning board consider concerns of the community before allowing the development to proceed. However, the property owners' association requests the board reverse its approval of Pointe Grand until the applicant can clearly demonstrate through revised engineering analyses and independent review.
The property owners' association appeal is rooted in substantial concerns about the approved stormwater management plan failing to adequately contain, control and manage stormwater generated by the new development. The appeals also state approved plans indicate that stormwater generated by the Pointe Grand development will flow toward adjacent residential properties - not fully containing and managing stormwater runoff within the boundaries of the project.
Two of the appeals are related to the stormwater management plan and have been reviewed by the engineering department, County Communications Director Meagan Kascsak previously said. The third appeal is related to the site plan, which is reviewed by the planning department.
The other two appeals are expected to be discussed during the Brunswick County Board of Commissioners meeting on Sept. 21.
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Savanna Tenenoff covers Brunswick County for the StarNews. Reach her at stenenoff@usatodayco.com.
This article originally appeared on Wilmington StarNews: Brunswick community shut down in 'David v. Goliath' battle with county
