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HomeMy WebLinkAboutSW8881211_Compliance Evaluation Inspection_20190819STATE OF NORTH CARO1LINA, Department of Environmental Quality, 127 CardinalDrive-Extension, Wilmington, North Carolina 25405 (910) 796-7215 SIDLE AcCC ESS RECORD A DEQ SECTION: REVIEW TIME /BATE NAME: ,!_iw6 A-�n,� EMAIL: REPRESENTING: AD 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 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 arrivine 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. - Major Peiuts;ate issued out of�ttie Morehead .City District Office. The C.OMPI E f 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 $.05 cents. Payment may be made by check, money order, or cash at the reception desk 5. FILES MUST BE KEPT IN ORDER YOU FOUND TIiETYL 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, lame totes, etc. are permitted in the file review area. 6. r..'; `° "Necessary large plan copies can be scheduled with Catuerou.Weave.r(cincde-nr.,ov 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. cotnpleted�[nr�r and a staff member will 4� m c04gct wi>rh you I1H'you provide your contact inPoi•mati(in a here In tcat�ed: above. 7. 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 1. Sy (00, 2. C)coa 3. Ct _3 4. 5z_;R, i 11�� Signature and Name of Firm/Business COPIES MADE PAID Date MM/DD/YY Time In INVOICE COUNTY i*F_ Time Out G:/ADM/Shared/Fiie Review Access Form rev 2018 STATE OF NORTH CAROLINA Department of Environmental and Natural Resources 127 Cardinal Drive Extension Wilmington, North Carolina 28405 (910) 796-7215 FILE ACCESS RECORD SECTION ,,nW T1MEMATE 7 61 Z15 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. Payment may be made by check, money order, or cash at the reception desk. Copies totaling $5.00 or more can 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 I. 1�11 bYk 2. 4. Signature and Name of Firm/Business Please attach a business card to this form COPIES MADE PAID S:Admin.file access Date Tune In Time Out INVOICE STATE OF NORTH CAROLINA Department of Environmental and Natural Resources 127 Cardinal Drive Extension Wilmington, North Carolina 28405 (910) 796-7215 FILE ACCESS RECORD SECTION TMEMATE ; _ i� 2c' NAME kr't . � Vl% 41 REPRESENTING Guidelines for Access: The staff of Wilmington Regional Office is dedicated to snaking 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 3:001pm. 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. Payment may be made by check, money order, or cash at the reception desk. Copies totaling $5.00 or more can 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 1. DO Rd 2. .3-3 3. 01JD6 3 4. 'Dyto COUNTY Sigh a d ame of FirmBusin ss ate Time In Time Out Ple" e aeh a business card to this form , COPIES MADE 42-, P .(6 INVOICE S:Admin.file access Hall, Christine From: Phil Tripp <ptripp@trippengineering.com> Sent: Thursday, July 23, 2015 2:00 PM To: Hall, Christine Cc: mstocks@bellsouth.net Subject: Notice of Inspections Christine, Hi, hope you are well. We are in receipt of 3 NOI's issued July 9, 2015 by your office. 1. Jackey's Creek Phase 1 SW8 881211 2. Jackey's Creek Phase 3 SW8 000623 3. Waterberry Plantation SW8 050640 We plan to address all of the above within 90 days. Please contact us with questions, comments or if you need additional information. Thank you, Phil 91r 04CDE SIR North Carolina Department of Environment and Natural Resources Pat McCrory Governor July 9, 2015 Mr. Jack Stocks Jackey's Creek Devleopment, Inc. 211 North 5tn Ave. Wilmington, NC 28401 Subject: Notice of Inspection - Not Compliant Jackey's Creek Phase State Stormwater Management Perm^t No. SW8 881211 Brunswick County Dear Mr. Stocks: Donald van der Vaart Secretary On July 8, 2015, the Wilmington Regional Office of the Division of Energy, Mineral and Land Resources (DEMLR) inspected Jackey's Creek Phase i, located on Timber Ridge Ct. off Jacky's Creek Lane and NC 133 in Brunswick County to determine the status of compliance with the State Stormwater Management Certification of Compliance Number SW8 881211 re -issued on November 8, 1994. DEMLR file review and site inspection revealed that the site is not in compliance with the terms and conditions of this permit. Please find a copy of the completed form entitled "Compliance Inspection Report" attached to this letter, which summarizes the findings of the recent inspection. As indicated in the attached inspection report, the following deficiencies must be resolved: In an attempt to locate a current address, we reviewed the NC Department of the Secretary of State's corporate status information about the company. The review revealed that the corporation was administratively dissolved on July 21, 2011 pursuant to the procedure set for in N.C.G.S Section 55-14-21. Pursuant to NCGS 55-14-05(a), a dissolved corporate entity continues its corporate business but may not carry on any business except those acts necessary to wind up and liquidate its business and affairs. Please either work with the Secretary of State to reinstate this corporation or, per the second paragraph of the certification re -issued on November 8, 1994, take actions necessary to transfer the state stormwater permit to the home owners association. Please inform this Office in writing before August 10, 2015, of the specific actions that will be undertaken and the time frame that will be required to correct the deficiencies. Failure to provide the requested information, or to respond to this letter by the due date, may initiate enforcement action including the assessment of civil penalties of up to $25,000 per day. If a written plan of action is not submitted to this office by August 10, 2015 then DEMLR staff will re -inspect the site and issue a Notice of Violation if the listed deficiencies have not been addressed. If the property covered by this permit has been/will be sold or.legally conveyed to another entity or if the permit holder has changed its name and/or mailing address, or if the project name has been changed, it is your responsibility as the permittee to submit a completed and signed Name/Ownership change form to DEMLR at least 30 calendar days prior to making the changes. These forms are available on our website at: http://r)ortal.ncdenr.or4/web/Ir/state-stormwater-forms does. Division of Energy, Mineral, and Land Resources Land Quality Section - Wilmington Regional Office 127 Cardinal Drive Extension, Wilmington, North Carolina 28405 (910) 796-7215 1 Fax: (910) 350-2004 - Internet: htp:l/ ortal.ncdenr.org/web/Ir/ Jackey's Creek Development, Inc. July 9, 2015 If you have any questions, please contact me at the Wilmington Regional Office, telephone number (910)-796-7215 or via email at christine.hall@ncdenr.gov. Sincerely, Christine Hall Environmental Engineer Enc: Compliance Inspection Report GDS\canh: \\\Stormwater\Permits & Projects\1988\881211 LD\2015 07 CEI_deficient 881211 cc: James Teachey, Registered Agent; Jackey's Creek Development Inc.; 1430 Commonwealth Dr.; Wilmington, NC 28403 Georgette Scott, Wilmington Regional Office Stormwater Supervisor WiRO Stormwater File Page 2 of 2 Corporations Division Page 1 of 1 North Carolina jain ' F Marsh�"tl ��AR��r1 � i� t OF Ti E Secretary SECRETARY OF STATE a, PO Box 29M Raler2h. NC 2MG-0e22 (919)W7-200r, Click Here To: View Document Filings File an Annual Report Print a Pre -Populated Annual Report form Amend a Previous Annual Report Corporate Names Legal: Jackey's Creek Development, Inc. Business Corporation Information Sosld: 0225587 Status: Multiple Annual Report Status: Not Applicable Citizenship: Domestic Date Formed: 3/25/1988 Fiscal Month: December State of Incorporation: NC Reaisterad Anant- Teachey, James F. Corporate Addresses Reg Office: 1430 Commonwealth Drive Wilmington, NC 28403 Reg Mailing: 1430 Commonwealth Drive Wilmington, NC 28403 Mailing: 3901 Oleander Dr Wilmington, NC 28403-6712 Officers Stock Class: COMMON Shares: 100000 Par Value: 1 Account Login Register http://wvvw.secr_etary.state.nc.us/SearcrJprofco.p/4834638 6/12/2015 NOTICE TO REGISTERED AGENT: Under N.C.G.S. Section 55D-30(b), it is the duty of the registered agent to forward this certificate to the business entity at the last known address. Jackey's Creek Development, Inc. (0225587) 1430 Commonwealth Drive Wilmington, NC 28403 State of North Carolina Department of the Secretary of State CERTIFICATE OF DISSOLUTION I, Elaine F. Marshall, Secretary of State, as mandated by law, do hereby certify that Jackey' s Creek Development, Inc. has been administratively dissolved pursuant to the procedure set forth in N.C_G.S. Section 55-14-21 for failure to file an annual report effective as of the date set forth hereunder. A corporation administratively dissolved under N.C.G.S. Section 55-14-21 may apply to the Secretary of State for reinstatement by complying with the procedure set forth in the N.C.G.S. Section 55-14-22. This the 21st day of July, 2011 Elaine F. Marshall Secretary of State Document Id: C201119406681 OgpA 'Ma a State of North Carolina Elaine F. Marshall SECRETARY OF STATE Department of the Secretary of State April 27, 2011 Jackey's Creek Development, Inc. James F. Teachey, , Agent 1430 Commonwealth Drive Wilmington, NC 28403 Cheri L. Myers DIRECTOR OF CORPORATIONS NOTICE OF GROUNDS FOR ADMINISTRATIVE DISSOLUTION OF: Jackey's Creek Development, Inc. Recently, this office conducted an internal review of the annual reports filed for all business entitys in North. Carolina. Unfortunately, the review indicates that the above referenced business entity is not in compliance with the North Carolina Business Entity Act and is delinquent in delivering eight (8) annual report(s). ' The Secretary of State is authorized by N.C.G.S. 55-14-21 to administratively dissolve a business entity if one or more grounds for dissolution exist. Please note that while the dissolution process has not yet been concluded, this Notice is the first step of the dissolution process. In order to prevent administrative dissolution, the business entity must file the appropriate annual report(s) within sixty (60) days from the date of this Notice. Determinina Annual Reports Due You may view a listing of annual reports previously submitted to the Secretary of State's Office by clicking the link to the Corporations Division web pages at www.sosnc.com. You will need to search for your company by name, then click "File Annual Report Online." This will bring you to a listing of annual reports submitted. From this page you will be able to see if an annual report was submitted but not filed due to an error which to date has not been corrected and/or determine how many annual reports are required to become compliant. The due date for filing a Business Entitys annual report is the fifteenth day of the fourth month following the fiscal year end date. Online Filinn Utilize the above referenced link to the entity profile page, then click on "File an Annual Report" at the top of the page and follow the directions. The Fee is $20.00. Paler Filing You may also print a pre -populated form from the same web page by clicking "Print a pre -populated annual report form." If there are any changes, cross out the old information and enter the correct information, then mail the report and fees to the Corporations division at the address on the bottom of the form. The fee is $25.00. If you have any concerns or experience any technical difficulty with the filing process, please contact our staff at (919) 807-2225. Respectfully, The Corporations Division State Stormwater Inspection Report General Project Name: Permit No: SW8 Expiration Date: Contact Person: Phone Number: Inspection Type: Inspection Date: Time In: Time Out. Current Weather: Recent Rain (Date)? Rain — in Location Facility Address / Location: City: Zip: County: Lat: ° " Long: - "W N Permit Information Rule Subject to (circle one): 1988 Coastal Rule 1995 Coastal Rule 2008 Coastal Rule Session Law 2006-246 Goose Creek High Quality Waters Outstanding Resource Waters Density (circle one): High (HD) Low (LD) Stormwater Best Management Practices (BMPs) (insert number of each): Wet Ponds Infiltration Basins Infiltration Trenches LD Swales Stormwater Wetlands Dry Ponds Bioretention Permeable Pavement Sand filters (circle one) Open Closed Cistern Level Spreader/Filter Strip Other (specify): File Review Yes No N/A N/E 1. Is the permit active? oa 2. Signed Engineer's Certification on file? 3. Signed Operation and Maintenance agreement on file? 4. Recorded Deed Restrictions on file? Site Visit- Built Unnn Area fRUA) Yes Nn N/A N/E 5. BUA is constructed and consistent with the permitrequirements? 6. BUA aspermitted) is graded such that the runoff drains to the system? h density only) 7. Drainage area is consistent withpermit? i.e. no un ermitted drainage to the SW BMPs) 8. Drainage area is stabilized? (to reduce risk of sedimentation to the SW BMPs) Site Visit- Stnrmwater BMPs Ya_a Nn NIA N/E 9. Stormwater BMPs are located per the approvedplans? 10. Stormwater_BMPs have dimensions (e . length, width, area) matching the approved Tans? 11. Stormwater BMPs are constructed per the approvedplans? Site Visit: Oneration and Maintenance Yes No N/A N/E 12. Access points to the site are clear and well maintained? 13. Trash has been removed as needed? 14. Excessive landscape debris (grass clippings, leaves, etc) is controlled? 15. Stormwater BMPs being operated and maintained as per the permit requirements? 16. Inspection and Maintenance records are available for inspection? (high density only, 1995 — present only) Site Visit: Other Permit Conditions Yes No N/A N/E 17. Is the site compliant with other conditions of the permit? I v Site Visit: Other Water Quality Issues Yes No N/A N/E 18. Is the site compliant with other water quality issues as noted during the inspection? State Stormwater Inspection Report, Version 3A_3-09 Page 1 of 2 State Stormwater Inspection Report InS ection Pictures (some of the pictures taken during the site visit) Compliance Status ❑ Compliant 0 Non -Compliant Letter Sent (circle one): Yes No Letter type: CEI NOV NOVRE Other Date Sent: Reference Number: Inspector Name and Signature: Date: State Stormwater Inspection Report, Version 3.0_3-09 Page 2 of 2 State of North Carolina Department of Environment, Health, and Natural Resources Wilmington Regional Office James B. Hunt, Jr., Governor DIVISION OF ENVIRONMENTAL MANAGEMENT Bob Jamieson Jonathan B. Howes, Secretary WATER QUALITY SECTION Regional Manager October 12, 1994 CERTIFIED MAIL P 884 655 591 RETURN RECEIPT REQUESTED Mr. Jack Stocks, R.L.S. 211 North Fifth Avenue Wilmington, North Carolina 28401 Subject: NOTICE OF VIOLATION Jackey's Creek Stormwater Project No. 881211 Brunswick County Dear Mr. Stocks: On April 25, 1994, Wilmington Regional Office personnel performed a Compliance Inspection of the project known as Jackey's Creek, located near Belville in Brunswick County, North Carolina. The inspection was performed to determine the status of compliance with Stormwater Certification Number 881211, issued to you on February 3, 1989. The project has been found in violation of Stormwater Certification Number 881211, issued pursuant to the requirements of 15A NCAC 2H. 1003 (a) (3). The violations found are: 1. Failure to record deed restrictions that ensure the subdivision maintains development consistent with the approved plans, ie., the built -upon area allowance of 3,700 square feet per lot is not part of the recorded deed restrictions. 2. Failure to record deed restrictions that make the State a beneficiary of the restrictions pertaining to the allowable built -upon area per lot. 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 November 12, 1994. 127 Cardinal Drive Extension, Wilmington, N.C. 28405-3845 • Telephone 910-395-3900 • Fax 910-350-2004 An Equal Opportunity Affirmative Action Employer Mr. Stocks October 12, 1994 Stormwater Project No. 881211 ----------------------------------------------- 2. Record amended deed restrictions immediately, and submit a copy of the recorded documents to this Office. 3. Forward one copy of the subdivision plans to this Office, as previously requested on May 3, 1994. 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 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 withhholding 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 either Ms. Linda Lewis or Mr. Dave Adkins at (910) 395-3900. RSS:\arl S:\WQS\STORMWAT\NOTICE\881211.00T cc: Sincerely, r,I�C (�L- )11lx.:'-Cr- Mr. Rick Shiver, P.G. Regional Supervisor Mr. Robert Tucker, Brunswick County Building Inspections Bradley Bennett Linda Lewis Central Office �•068 1 In. 5q STATE OF NORTH CAROLINA DECLARATION OF RESTRICTIONS COUNTY OF BRUNSWICK JACKEY'S CREEK PLAN ror,,rV8 . IT! I PHASE IA 1051 94 FED 16 PN 1: 29 KNOW ALL MEN BY THESE PRESENTS, that the undersigned, JackeyIs a Creek Development, Inc., is the owner of all the intarest and equity in that certain subdivision in Brunswick County;;'Northi�yf Carolina, known as prepared by Jack Plantation, RegPhase istereii'tfid Land is shown on map prepared Surveyor, which is recorded in Nap Cabinet Y, at Page 30, in the office of the Register of Deeds of Brunswick County, containing 11 lots, and in order to promote a uniform and harmonious development of said subdivision as a desirable residential community, does hereby place and impose on all of said lots, and all of said lots shall be conveyed subject to, the following restrictions or restrictive covenants, which shall run with the land and be binding upon said lots and whomsoever owns the same, to -wit: 1. No lot or lots shall be put to any use other than for residential purposes. f. Duo building shall be erected, altared, placed upon, or permitted to remain on any lot other than one detached single family dwelling not to exceed two and one-half stories in height, and a private garage. No such garage shall be more than two (2) stories in height and may be used for living quarters, either for guests, members of the family or servants, and the construction or maintenance of so-called "rental garage -apartments" on any lot is expressly prohibited. 3. No dwelling shall be constructed or permitted to remain on any lot the square footage of which is less than 1,700 square feet. said square footage shall not include porches, garage areas or carport areas, and the said square footage shall be computed by measuring from the exterior walls of said dwelling. 4. The Developer reserves the right to subject the real property in this subdivision to a contract with Brunswick Electric Membership Cooperative for the installation of street lighting which will require a continuing monthly payment to Brunswick Electric Membership Cooperative by the owner of each lot. S: No building shall be located on any lot nearer than fifty (So) feet from the front property line or fifteen (15) feet from any side street line. No building or.strueture of any kind shall be located on any lot nearer than a distance of fifteen (15) feet from any side lot line, however, if the owner of two or more cdjoining letm Shall elect to ues them for one residence, the boundary line or lines between the lots so used shall not be regarded as side boundary lines of the lots. In computing the front and side setback distances called for in these restrictive covenants, the measurements shall be from the base oz ground level �. of the building or structure, and neither the overhr—ig or eaves, not in excess of three (3) fast, nor the establishment of stoops or steps within the setback area, shall be considered a violation of this covenant. In the event of the unintentional viol,ation of any of the building line restrictions herein not forth, the undersigned reserves the right, by and with the mutual consent in writing of the owner or owners at such time of the lot or lots affected thereby, to change 'such restrictions accordLnglyi provided, however, that such change shall not exceed ten perear. (10%) of the marginal. requirements of the building line restrictions existing as to such lot. 6. The design of all buildings erected or H.oved onto any lot (including exterior storage buildings, detached garages, dog houses, other detached structures, and structural additions to th1 main dwelling) shall be subject to the approval of the Developer or of some person or persons designated by it to pass upon said designs. Upon written request of a lot owner for approval'of plane, the Developer, or its duly authorized ar+nt shed} haye ..Vv. ;i968 1059 fifteen (15) days within which to approve or disapprove. if approval or disapproval is not given within ten (io) dayo, such required; but the design of the proposed approval will not be building must be in harmony with the existing structures in this subdivision. 7. All dwellings must be of wood, brick veneer, or of concrete block only if completed with a brick veneer or stucco facing with an architectural design appropriate to the area, or of vinyl siding or composition board, or any other type of synthetic building material approved by the Developer. Exterior storage buildings, detached garages, other detached structures, and structural additions to the main dwelling must be constructed out of the same materials as the main dwelling, and must haveitthe is Bathe color and general appearance as the main dwelling. express intention of the Developer to maintaina uniform ni fost rm general of development with respect to design, size, type, appearance of all structures upon the lots in the subdivision. S. The Developer reserves for itself, its successors and assigns, an easement in and the right at any time in the future to grant a right-of-way under, over, and along the side, rear and front property lines of each and every lot in the subdivision described pipesn and others equipmentn and necessary maintenance of lines, for the useful for conduits, furnishing electric powergas, telephone service, cable television service, and/or other utulitoiieess, inc , luding water and sewer services, or for drainage p rp 9. No fence or other obstruction exceeding six (6) feet in height shall extend nearer the street than the rear setback line of the main dwelling constructed on the lot. All fences in the subdivision must be approved by the Developer as to design, height, type, and general appearance and any fences built us ltathereafter must be of the same design, height, type, 10. It shall be the duty of each homeowner to keep his or her property in a neat and tidy condition, well maintained, with no unsightly debris or litter or the like in view. No noxious or offensive trade or activity shall be carried on or maintained on any lot, nor shall any activity be conducted which constitutes an annoyance or nuisance to the neighborhood. If yards are not properly maintained, they shall be cleaned up at the ownerls expanse. Sunk care, blocked -up cars, inoperative machines and similar eyesores shallnot beNo mechanical or maintenancelaced or peitted O remain on work shalltbe street or property. done on cars or other machinery or equipment in the front yard or side yard of any home, or in the street in front of any home; such work maybe done only in back yards. Boats, recreational vehicles, and other similar vehicles may not be parked in the front yard or side yard of any home, or in the street in front of any home; all such boats and vehicles may be parked only in the back yard behind a home and not visible from the street. semi -trucks, tractor - trailer rigs and similar commercial vehicles are strictly prohibited. 11. No commercial trade or activity shall be carried on upon any lot. 12. It shall be the obligation of each property owner to maintain, to the original construction depth, all drainage ditches located upon his or her lot. Any construction of culverts or other construction along or across said ditches must be done so that the free flow of water from subsurface drainage is not Juterrupted or interfered with. If a property owner elects to tiles the entire ditch running along his or her property, then such property owner must install a catch basin at one of his or her property lines, basinwhich catch Tres sportationst ndards ands North Carolina must be approvedin Department Citing by the Dede I oper RVAl-4. n0'umsc;N a SAM . P.C. Wnw..otor. W0u1.. C^wx~ 2es02 0195 DIVISION OF ENVIRONMENTAL MANAGEMENT MEMO TO: Mr. Robert Tucker, Brunswick County Engineer FROM: Linda Lewis DATE: October 12, 1994 SUBJECT: Jackey's Creek Subdivision Dear Mr. Tucker: Enclosed is a copy of the Notice of Violation issued to Mr. Jack Stocks for failing to record the appropriate deed restrictions for this project. If possible, I would like to ask you or the person responsible for issuing building permits and Certificates of Occupancy in Jackey's Creek subdivision, to please consider withholding those permits until this matter is resolved. Mr. Stocks has ignored this Office's request to provide deed restrictions since May, 1994. Also attached is a copy of the recorded restrictions, and you can see that they were recorded on February 16, 1994 without the built -upon area limitation of 3,700 square feet. We are trying to get the attention of the Certification holder, and withholding building permits and C of O's is a very effective weapon. I would be most appreciative if you can help us out. Thank you. Linda Lewis DA/arl: S:\WQS\STORMWAT\MEMOS\881211.00T cc: Linda Lewis a State of North Carolina Department of Environment, Health, and Natural Resources Wilmington Regional Office James B. Hunt, Jr., Governor DIVISION OF ENVIRONMENTAL MANAGEMENT Bob Jamieson Jonathan B. Howes, Secretary WATER QUALITY SECTION Regional Manager October 12, 1994 CERTIFIED MAIL P 884 655 591 RETURN RECEIPT REOUESTE,D Mr. Jack Stocks, R.L.S. 211 North Fifth Avenue Wilmington, North Carolina 28401 Subject: NOTICE OF VIOLATION Jackey's Creek Stormwater Project No. 881211 Brunswick County Dear Mr. Stocks: On April 25, 1994, Wilmington Regional Office personnel performed a Compliance Inspection of the project known as Jackey's Creek, located near Belville in Brunswick County, North Carolina. The inspection was performed to determine the status of compliance with Stormwater Certification Number 881211, issued to you on February 3, 1989. The project has been found in violation of Stormwater Certification Number 881211, issued pursuant to the requirements of 15A NCAC 2H.1003(a)(3). The violations found are: 1. Failure to record deed restrictions that ensure the subdivision maintains developinent consistent with the approved plans, ie., the built -upon area allowance of 3,700 square feet per lot is not part of the recorded deed restrictions. 2. Failure to record deed restrictions that make the State a beneficiary of the restrictions pertaining to the allowable built -upon area per lot. 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 November 12, 1994. 127 Cardinal Drive Extension, Wilmington, N.C. 28405-3945 • Telephone 910-395-3900 • Fax 910-350-2004 An Equal Opportunity Affirmative Action Employer Mr. Stocks October 12, 1994 Stormwater Project No. 881211 2. Record amended deed restrictions immediately, and submit a copy of the recorded documents to this Office. 3. Forward one copy of the subdivision plans to this Office, as previously requested on May 3, 1994. 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 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 withhholding 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 either Ms. Linda Lewis or Mr. Dave Adkins at (910) 395-3900. RSS:\arl S:\WQS\STORMWAT\NOTICE\881211.00T cc: Sincerely, Mr. Rick Shiver, P.G. Regional Supervisor Mr. Robert Tucker, Brunswick County Building Inspections Bradley Bennett Linda Lewis Central Office r. 368 10154 STATE OF NORTH CAROLINA DECLARATION OF RESTRICTIONS COUNTY OF BRUNSWICK JACKEY' S CREEK PLAN' rnyj-.rr rp18 MAY IA '' 94 FEB 16 PH 1:29 KNOW ALL MEN BY THESE PRESENTS, that the undersigned, JackeyIs Creek Development, Inc., is the owner of all the interest, and equity in that certain subdivision in Brunswick County�;'Northrl4A Carolina, known as Jaekey's Creek Plantation, Phase IA,"as'ths same is shown on map prepared by Jack G. Stocks, Registered Land Surveyor, which is recorded in Map Cabinet Y, at Page 30, in the office of the Register of Deeds of Brunswick County, containing li lots, and in order to promote a uniform and harmonious development of said subdivision as a desirable residential community, does hereby place and impose on all of said lots, and all of said lots shall be conveyed subject to, the following restrictions or restrictive covenants, which shall run with the land and be binding upon said lots and whomsoever owns the same, to -wit: 1. No lot or lots shall be put to any use other than for residential purposes. 2. No building shall be aracted, h1tered, placed upon, or permitted to remain on any lot other than one detached single family dwelling not to exceed two and one-half stories in height, and a private garage. No such garage shall be more than two (2) stories in height and say be used for living quarters, either for guests, members of the family or servants, and the construction or maintenance of so-called "rental garage -apartments" on any lot is expressly prohibited. 3. No dwelling shall be constructed or permitted to remain on any lot the square footage of which is less than 1,700 square feet. Said square footage shall not include porches, garage areas or carport areas, and the said square footage shall be computed by measuring from the exterior walls of said dwelling. 4. The Developer reserves the right to subject the real property in this subdivision to a contract with Brunswick Electric Membership Cooperative for the installation of street lighting which will require a continuing monthly payment to Brunswick Electric Membership Cooperative by the owner of each lot. 5. No building shall be located on any lot nearer than fifty (50) feet from the front property line or fifteen'(15) feet from any side street line. No building or. structure of any kind shall be located on any lot nearer than a distance of fifteen (15) feet from any side lot line, however, it the owner of two or more adjoih1h9 lefu ahrmll slact to use them for one residence, the boundary line or lines between the lots so used shall not be regarded as aide boundary lines of the lots. In compuring the front and side setback distances called for in these restrictive covenants, the measurements shall be from the base oz ground level of the building or structure, and neither the over!.%hq or eaves, not in excess of three (3) test, nor the establishment of stoops or steps within the setback area, shall be considered a violation of this covenant. In the event of the unintentional vio'ation of any of the building line restrictions herein set forth, tha undersigned reserves the right, by and with the mutual consent in writing of the owner or owners at such time of the lot or lots affected thereby, to change such restrictions accordingly; provided, however, that such change shall not exceed tan parser. (10%) of the marginal requirements of the building line restrictions existing as to such lot. 6. The design of all buildings erected or coved onto any lot (including exterior storage buildings, detached garages, dog houses, other detached structures, and structural additions to thi main dwelling) shall be subject to the approval of the Developer or of some person or persons designated by it to piss upon said designs. Upon written request of a lot owner for approval of plans, the Developer, or its duly authorized ar,nt�`slhhaa . naye Miti103"1. - - if. fiI •fir? auvi ia968 fifteen (15) days within which to approve or disapprove. If approval or disapproval is not given within tan (10) dayu, such approval will not be required; but the design of the proposed building must be in harmony with the existing structures in this subdivision. p. All dwellings must be of wood, brick veneer, or of concrete block only if completed with a brick veneer or stucco facing with an architectural design appropriate to the area, or of vinyl siding or composition board, oanyother type O orynthetic building material approved byDeveloper. buildings,, detached garages, other detached structures, and structural additions to the main dwelling must be constructed out of the same materials as the main dwelling, and must havIt a sam color and general appearance as the main dwelling. express intention of the Developer to maintain a unifost and gplaneneral of development with respect to design, size, type, appearance of all structures upon the lots in the subdivision. e. The Developer reserves for itself, its successors and assigns, an easement in and the right at any time in the future to grant a right-of-way under, over, and along the side, rear and !root property lines of each and every lot in the subdivision described herein for the installenton ad a i toor anceusefulof nfor conduits, pipes and other equip furnishing electric power, gas, telephone service, cable television service, and/or other utilities, including water and sewer services, or for drainage purposes. 9. No fence or other obstruction exceeding six (6) feet in height shall extend nearer the street than the rear setback line of the main dwelling constructed on the lot. All fences in the subdivision must be approved by the Developer as to design, height, type, and general appearance and any fences built thereafter must be of the same design, height, type, and general appearance. 10. It shall be the duty of each homeowner to keep his or her property in a neat and tidy condition, well maintained, with no unsightly debris or litter or the like in view. No noxious or offsnsive trade or activity shall be carried on or maintained on any lot, nor shall any activity be conducted which constitutes an annoyance or nuisance to the neighborhood. If yards are not properly maintained, they shall be cleaned up at the owner's expense. Junk cars, blocked -up cars, inoperative machines and similar eyesores shall not be placed or permitted to remain on the street or property. No mechanical or maintenance work shall be done on cars or other machinery or equipment in the front yard or side yard of any home, or in the street in front of any home; such work may be done only in back yards. soats, recreational vehicles, and other similar vehicles may not be parked in the front yard or side yard of any home, or in the street in front of any home; all such boats and vehicles may be parked only in the back yard behind a home and not visible from the street. Semi -trucks, tractor - trailer rigs and similar commercial vehicles are strictly prohibited. 11. No commercial trade or activity shall be carried on upon any lot. 12. It shall be the obligation of each property owner to maintain, to the original construction depth, all dra:sage ditches located upon his or her lot. Any construction of culverts or other construction along or across said ditches must be done so that the free flow of water from subsurface drainage is not Luterrupted or interfered with. It a property owner elects to tiles the entire ditch running along his or her property, then such property owner must install a catch basin at one of his or her property lines, which. catch basin must meet North Carolina Department of Transportation standards and. must be approved in riting by the .peve 1 ope r, RVAIA R"atNsc K a SAFFM P.C. Www"010% NW.In C&.a,. m^ 20402 0135 DIVISION OF ENVIRONMENTAL MANAGEMENT MEMO TO: Mr. Robert Tucker, Brunswick County Engineer FROM: Linda Lewis DATE: October 12, 1994 SUBJECT: Jackey's Creek Subdivision Dear Mr. Tucker: Enclosed is a copy of the Notice of Violation issued to Mr. Jack Stocks for failing to record the appropriate deed restrictions for this project. If possible, I would like to ask you or the person responsible for issuing building permits and Certificates of Occupancy in Jackey's Creek subdivision, to please consider withholding those permits until this matter is resolved. Mr. Stocks has ignored this Office's request to provide deed restrictions since May, 1994. Also attached is a copy of the recorded restrictions, and you can see that they were recorded on February 16, 1994 without the built -upon area limitation of 3,700 square feet. We are trying to get the attention of the Certification holder, and withholding building permits and C of O's is a very effective weapon. I would be most appreciative if you can help us out. Thank you. i Linda Lewis DA/arl: S:\WQS\STORMWAT\MEMOS\881211.00T cc: Linda Lewis cc 00 IL G O mW Er W E Ln •� > o � U � . o,m`yo_ L �� H .a d •m '= o � _a4) `a a�mood cc CCVZOT N N 1 1l E 0 L N 3� " 00 a N P 9 o 'm np n Qnl o .Y N SW�O in U ¢ ¢ ° <M a a° vai Ea L 66 I• eunr 'oONg Lw ,Jvij Sd rn. SENDER: 'q • Complete items 1 and/or 2 for additional services. m • Complete items 3, and 4a & b. I also Wish to receive the . • Print your name and address on the reverse of this form ireturn this card to so that we can following services (for an extra 0 you, m •Attach this form to the front of the mailpiec:e: or r.,n 2r does not permit. fee): e bar,!z if s.,ac„ 2 - ❑Addressee's Address t m • Write "Return Receipt Requested" on the mailpiece below the article number. • The Return Receipt will show to whom the article was delivered Z• ❑ Restricted Delivery ca � a 0 delivered. and the date 0 3. Article Addressed to: Consult postmaster for fee. O 4a. Article Number — W E Tyr. Jack Stocks, R.L.S. P 884 655 591 ` $ 211 - or -h Fifth Avenue 4b. Service Type ❑ Registered ❑ Insured m ,AWiln ngton, NC 28401. ❑ COI} c W ?�,,ertified press Mail ❑ Return Receipt for =w ' Merchandise 7. DateroDelivey ,o Zr�atu�e ��- 8. Addressee's Address (Only if requested and fee is paid) w c Uj iAgent _ I ~ PS Form 11, December 1991 *U.S.GPO: lea3—as2at4 DOMESTIC RETURN RECEIPT State of North Carolina Department of Environment, Health, and Natural Resources Wilmington Regional Office James B. Hunt, Jr., Governor DIVISION OF ENVIRONMENTAL MANAGEMENT Bob Jamieson Jonathan B. Howes, Secretary Regional Manager May 3, 1994 Mr. Jack Stocks, R.L.S. 211 North Fifth Avenue Wilmington, North Carolina 28401 Subject: COMPLIANCE INSPECTION Jackey's Creek Stormwater Project No. 881211 Brunswick County Dear Mr. Stocks: 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 25, 1994 to determine compliance with Stormwater Certification Number 881211 issued on February 3, 1989. A summary of the findings and comments are noted under Section 6 of the report. Appropriate action, if required, should be completed by June 3, 1994. Please inform this Office by letter when required action is completed. If you have any questions please contact me at the Wilmington Regional Office, telephone number (910) 395-3900. Sincerely, Linda Lewis Environmental Engineer DA/arl: S:\WQS\STORMWAT\INSPECT\881211.MAY cc: Central Files Bradley Bennett (2) Linda Lewis 127 Cardinal Drive Extension, Wilmington, N.C. 28405-3845 • Telephone 910-395-3900 • Fax 910-350-2004 An Equal Opportunity Af —tive Action Employer STORMWATER COMPLIANCE INSPECTION REPORT 1. Project Name: Jackey's Creek Project Number: 881211 Control Measure: 30 % Density Water Body: Jackey's Creek Classification: C Sw Directions to site, address: US 17/74/76 to Leland. Left on NC 133, 2 miles on right. 2. Inspection Date: April 25, 1994 Weather Conditions: Clear, sunny, warm 3. Comparison of Approved plans vs. As -Built: 4. Maintenance Problems: None 5. PE Certification Received? N/A 6. Comments: Unable to determine - plans missing from file. Deed Restrictions Received? NO 1. Our copy of the plans for this project has been lost. Can you send 1 copy of the plan? 2. Please provide a copy of the recorded deed restrictions including the allowable built -upon area per lot limitation of 3,700 square feet. Inspector: Linda Lewis *a, Water Quality/Wilmington Regional Office/(910) 395-3900 DA/arl: S:\WQS\STORMWAT\INSPECT\881211.MAY Compliance Inspection Report Permit: SW8881211 Effective:02/03/89 Expiration: Project: Jackeys Creek Phase I Owner: Jackeys Creek Development Inc County: Brunswick Region: Wilmington Contact Person: Jack G Stocks Title: Directions to Project: Type of Project: State Stormwater - Low Density Drain Areas: 1 - (Jackeys Creek) (03-06-17) ( C;Sw) On -Site Representative(s): Related Permits: Adress: Hwy 133 City/State/Zip: Belville NC 28451 Inspection Date: 07/08/2015 Entry Time: 03:OOPM Primary Inspector: Christina A Hall Secondary Inspector(s): Reason for Inspection: Routine Permit Inspection Type: State Stormwater Facility Status: ❑ Compliant Not Compliant Question Areas: ® State Stormwater (See attachment summary) Phone: Exit Time: 03:30PM Phone: 910-796-7215 Inspection Type: Compliance Evaluation page: 1 Permit: SW8881211 Owner - Project: Jackeys Creek Development Inc Inspection Date: 07/08/2015 Inspection Type Compliance Evaluation Reason for Visit: Routine Inspection Summary: Please either work with the Secretary of State to reinstate this corporation or take actions necessary to transfer the state stormwater permit to the home owners association. File Review Yes No NA NE Is the permit active? — ❑ ❑ ❑ Signed copy of the Engineer's certification is in the file? Signed copy of the Operation & Maintenance Agreement is in the file? Copy of the recorded deed restrictions is in the file? Comment: Built Upon Area Is the site BUA constructed as per the permit and approval plans? Is the drainage area as per the permit and approved plans? Is the BUA (as permitted) graded such that the runoff drains to the system? Comment: SW Measures Are the SW measures constructed as per the approved plans? Are the inlets located per the approved plans? Are the outlet structures located per the approved plans? Comment: Operation and Maintenance Are the SW measures being maintained and operated as per the permit requirements? Are the SW BMP inspection and maintenance records complete and available for review or provided to DWQ upon request? Comment: Other Permit Conditions Is the site compliant with other conditions of the permit? Comment: The corporation has been adminstratively dissolved. ❑❑❑ 91 ❑ ❑ ❑ Yes No NA NE ®❑❑❑ ❑ ❑ ❑ 21 ❑ ❑ ❑ Yes No NA NE ® ❑ ❑ ❑ ®❑❑❑ ❑ ❑®❑ Yes No NA NE ❑❑❑ ■ ❑❑❑ Yes No NA NE ❑ N ❑ ❑ page: 2