SW8881211_Notice of Violation_20210517

ROY COOPER
Covemor
DIONNE DELLFGATTI
Secretory
RECEIVED
M 'Y 17 2021
BRIAN WRENN NORTH CAROLINA DENA,tAN0 QUAL11Y
Director EnvtrortmentatQuality STORIOWATER PERMITTING
May 10, 2021
CERTIFIED MAIL 97014 2120 0000 8055 4065 CERTIFIED MAIL #7014 2120 0000 8055 4089
RETURN RECEIPT REQUESTED RETURN RECEIPT REQUESTED
Mr. Jack Stocks
Jackey's Creek Development, Inc.
211 North Fifth Avenue
Wilmington, North Carolina 28401
CERTIFIED MAIL #7014 2120 0000 8055 4072
RETURN RECEIPT REQUESTED
Ms. Linda O'May, Owner of Lot 5
10240 Timber Ride Court SE
Leland, NC 28451
CERTIFIED MAIL #7014 2120 0000 8055 4096
RETURN RECEIPT REQUESTED
Mr. James Teachey Mr. John Sardella, Owner of Lot 6
Jackey's Creek Development, Inc. 10250 Timber Ridge Court SE
1430 Commonwealth Drive Leland, NC 28451
Wilmington, NC 28401
Subject: NOTICE OF VIOLATION, NOV-2021-PC-0283
Jackey's Creek Phase I
Stormwater Permit No. SW8 881211
Brunswick County
Dear Gentlemen:
On October 29, 2020, Wilmington Regional Office staff of the Division of Energy, Mineral and Land Resources
(DEMLR) performed a Compliance Inspection of the subject project, located along Timber Ridge Court in
Brunswick County, North Carolina. A copy of the compliance inspection report was sent to Mr. Stocks on
November 16, 2021 and there has been subsequent correspondence to resolve the issue. The inspection was
performed to determine the status of compliance with Stormwater Certification of Compliance Number SW8
881211, issued to you on November 9, 1994.
The project has been found in violation of Stormwater Certification of Compliance Number SW8 881211, issued
pursuant to the requirements of the stormwater rules, 15A NCAC 2H.1000. The violation found is:
I. Faihve to construct accordingto o the approved plan. Per the Certification of Compliance, the permittee
shall construct and operate the approved stormwater system in accordance with the permit requirements
and the supporting documents. In addition, the permittee shall submit to the Director and shall have
received approval for revised plans, specifications, and calculations prior to construction, for any
modification to the approved plans. A pipe has been constructed between Lots 5 and 6 that is not on the
approved plan. It is unclear if the pipe is inside either Lot 5 or Lot 6 or if the pipe is on the lot line. To
correct these violations, you must remove the pipe.
Additionally, the permittee's corporation was dissolved on July 21, 2011. Pursuant to NCGS 55-14-05(a), a
dissolved corporate entity may not carry on any business except those acts necessary to wind up and liquidate its
business and affairs. This was discussed in a letter to Mr. Stocks on July 9, 2015. Please either work with the
Secretary of State to reinstate this corporation or, per the second paragraph of the certification dated November 8.
1994, take the actions necessary to transfer the state stormwater permit to the homeowner's association.
D_E Q~� North Carolina Department of Environmental Quality I Division of Energy. Mineral and land Resources
Wilmington Regional Office 1 127 Cardinal Drive Extension I Wilmington, North Carolina 215405
,cc,,.i rucv„W
910.796.7215

State Stormwater Certification of Compliance No. SW8 881211
Page 2 of 2
Please provide a "Plan of Action" by May 18, 2021 to DEMLR that states how and when these violations will he
corrected. If we do not receive your plan of action by this date you will be in violation of 15A NCAC 2H.1000,
which could 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 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.
If you have any questions concerning this matter, please contact Kelly Johnson at [e-mail] or
(910)-796-7335.
Sincerely,
Brian Wrenn, Director
Division of Energy, Mineral, and Land Resources
Enclosures: Compliance Inspection Report
Certification of Compliance, November 8, 1994
DES\kpj: \\\Stormwater\Permits & Projects\ 1 988\88121 1 LD\2021 05 NOV 881211
cc: Mr. Cameron Isley
10239 Timber Ridge Court SE, Leland, NC 28451
Mr. Kevin Connor
10249 Timber Ridge Ct SE, Leland NC 28451
Mr. Phil Tripp, PE, Tripp En meermg
419 Chestnut Spt, Wilmington, NC 28401
Inspector, Brunswick County Building Inspections
Annette Lucas, PE; DEMLK
Wilmington Regional Office Stormwater File
North Carolina Department of Environmental Quality I Division of Energy, Mineral and Land Resources
Wilmington Regional Office 1 127 Cardinal Drive Extension Wilmington, North Carolina 28405
910.796.7215
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Compliance Inspection Report
Permit: SW8881211 Effective:02103/89 Expiration:
Project: Jackeys Creek Phase I
Owner. Jackeys Creek Development Inc
County: Brunswick Adress: Hwy 133
Region: Wilmington
City/State/Zip: Belville NC 28451
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:
Inspection Date: 05/10/2021 Entry Time 08:30AM
Primary Inspector: Kelly Johnson
Secondary Inspector(s):
Kelly Johnson
Reason for Inspection: Follow-up
Permit Inspection Type: State Stormwater
Facility Status: ❑ Compliant ® Not Compliant
Question Areas:
® State Stormwater
(See attachment summary)
Phone:
Exit Time:10:00AM
Phone: [phone]
Inspection Type: Compliance Evaluation
page 1

Permit SVV8881211 Owner - Project Jackeys Creek Development Inc
Inspection Date: 05/10/2021 Inspection Type Compliance Evaluation Reason for Visit Follow-up
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: File Review Inspection to follow up from the 10/29/2020 inspection and subsequent correspondence
The permit is active, but the oermittee, Jackey's Creek Development, Inc. dissolved 7/21/2011
Certification: 11/28/1994 by Jack Stocks, R.L.S.
Operation and Maintenance Agreement: The original permit did not require an O&M agreement.
Deed Restrictions Recorded: Book 1008/ Page 762
Built Upon Area Yes No NA NE
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: The system was certified to have been built appropriately on 11/28/1994. The current impervious area
for each lot is not on file.
SW !Measures Yes No NA NE
Are the SW measures constructed as per the approved plans? ❑ ®Fin
Are the inlets located per the approved plans? ❑ ®❑ ❑
Are the outlet structures located per the approved plans? ❑ On ❑
Comment: A pipe is constructed between Lots 5 and 6 that is not on the approved plans.
Operation and !Maintenance Yes No NA NE
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: The original permit did not require an O&M agreement.
Other Permit Conditions Yes No NA NE
Is the site compliant with other conditions of the permit? ❑ ❑ ❑ ❑
Comment:
page 2

State of North Carolina
Department of Environment, Health, and Natural Resources
Widmington Regional Office
James B. Hunt, Jr., Governor DIVISION OF ENVIRONMENTAL MANAGEMENT Bob Jamieson
Jonathan B. Howes, Secretary WATER QUALITY SECTION Regional Manager
November 8, 1994
Mr. Jack G. Stocks, R L. S .
211 North Fifth Avenue
Wilmington, North Carolina. 28401
Subject: CERTIFICATION OF COAHqJANCE
with Stormwater Regulations
Stormwater Project No. 881211 Revision
Jackey's Creek Phase I
Brunswick County
Dear Mr. Stocks:
The Wilmington Regional Office received the revised Stormwater Submittal for Jackey's Creek
Phase I on November 2, 1994, with final information on November 8, 1994. Staff review of the plans
and specifications, including the statement of intent to deed restrict the allowable built -upon area to 15,000
square feet for each of the 11 lots shown on the approved plan, has determined that the project as proposed
will comply with the Stormwater Regulations set forth in Title 15A NCAC 2H.1003(a)(3).
Any modification of the plans submitted to and approved by this Office or further development of
this site regardless of the fact that the modification may be less than 1 acre, will require an additional
Stormwater Submittal/Modification and approval prior to initiation of construction. Modifications include
but are not limited to; project name changes, transfer of ownership, redesign of built -upon surfaces,
addition of built -upon surfaces, redesign or further subdivision of the project area as shown on the
approved plans. Future phases of this subdivision must be submitted for review and approved prior to the
initiation of construction.
This Certification shall be effective from the date of issuance until rescinded. The project shall be
constructed and maintained in accordance with the plans and specifications approved by the Wilmington
Regional Office. This Certification does not supersede any other permit or approval. The developer is
responsible for obtaining any and all permits and approvals necessary for the development of this project.
This could include the Division of Coastal. Management under CAMA requirements, the Division of
Environmental Management under Wetland 401 Water Quality Certification and/or a Dredge and Fill
Permit and/or a Sewer Extension/Collection Permit, U.S. Army Corps of Engineers 404 Wetland Permit,
NPDES stormwater permit if disturbing five acres or more, local County or 'Town Agency permits under
their local ordinances, or others that may be required.
127 Cardinal Drive Extension, Wilmington, N.C. 28405-3845 a Telephone [phone] a Fax [phone]
An Equal Opportunity Affirmative Action Fmnlnv,,

Mr. Stocks
November 8, 1994
Stormwater Project No,
881211 Revision
Deed restrictions, including the allowable built -upon area per lot, must be recorded with the Office
of the Register of Deeds. A copy of the recorded deed restrictions, including deed book number and page,
must be forwarded to this Office within 30 days of the date *of the recording. Failure to record and/or
submit the deed restrictions to this Office is considered a violation of this Certification.
An Engineer/Designer/Owner Certification (copy attached) must be received at the time the
recorded Deed Restrictions are submitted. The Certification will verify to this Office that the stormwater
controls, general layout of the project and the amount of impervious area are in substantial compliance with
the approved Stormwater Plan.
3900.
If you have any questions concerning this matter, please contact Linda Lewis or me at (910) 395-
Sincerely,
Dave Adkins
Water Quality Supervisor
DA/arl: S:IWQSISTORMWATIC."ERIUIC1881211.NOV
cc:
Delaney Aycock, Brunswick County Inspections
Bradley Bennett
Linda Lewis
WAnixt t- Regional Office
Central Files