SW8080115_Continuing NOV_20170612

N'
Energy. Mineral &
Land Resources
ENVIRONMENTAL QUALITY
May 24, 2017
ROY COOPER
Governor
MICHAEL S. REGAN
Secrerary
TRACY DAVIS
Director
CERTIFIED MAIL #7013 2630 0002 0760 7264
RETURN RECEIPT REQUESTED RECEIVED
eyECEIVED
Glenn O'Keith Fisher �� 12 2���
Attorney at Law, representing
John Koenig, Inc.
2505 Henderson Drive DENR-LAND QUALITY
Jacksonville, NC 28542 'STORMWATERPERM1,7114
Subject: NOTICE OF VIOLATION, NOV-2014-PC-0186
Emerson Park Section i and St. James Park Section 1 at Williamsburg Plantation
Stormwater Management Permit No. SW8 080115
Onslow County
Dear Mr. Fisher
On October 12, 2012, the Division issued a modified stormwater management permit for Emerson Park
Section 1 and St. James Park Section 1 to John Koenig, Inc. On November 25, 2013, the Division of
Energy, Mineral and Land Resources (DEMLR) received a request to transfer the subject permit to the
HOA, and on February 17, 2014, Wilmington Regional Office staff of the Division performed a
Compliance Inspection of the subject project, located at off Western Boulevard in the Williamsburg
Plantation subdivision, Jacksonville, Onslow County, North Carolina. A copy of the compliance
inspection report was sent to John Koenig, Inc. on March 20, 2014. No response to that report was
received, and the Division issued a Notice of Violation on August 18, 2014. A plan of action was received
from Mr. David Newsom, P.E., on September 19, 2014, which indicated that the deed restrictions would
be amended by December 2014. The Division sent another letter dated June 2, 2015, which again
requested that a copy of the recorded deed restrictions be submitted. A draft copy of the amendment to
the deed restrictions and Corrective Affidavit was provided to the Division on August 26, 2015, but a
copy of the recorded document has still not been submitted.
The project has been found in continuing violation of Stormwater Permit Number SW8 080115, issued
pursuant to the requirements of the stormwater rules, 15A NCAC 2H.1000. The violations found are:
1. Failure to record and/or submit a copy of the recorded deed restrictions. Per Schedule of
— --Compliance Condition Ih 11 of the Permit, a copy of the recorded deed restrictions was required
to be submitted within 30 days.
The permit transfer request which was received on November 25, 2013, cannot be completed until the
deed restrictions are amended to match the permit and copy of that recorded document is submitted to the
Division. To correct this violation please submit a copy of the recorded deed restrictions that are correct
and which accurately reflect the permit -required statements.
The issue of the permeable pavement driveways may be close to resolution. The Division recently
allowed 100% credit for permeable pavement which is designed and constructed per the 2017 Minimum
Design Criteria. Lot owners within Emerson Park Section 1 and St. James Park Section 1 who have
constructed permeable pavement driveways can apply to the Division to receive the full BUA credit for
that driveway if it meets the current 2017 Minimum Design Criteria.
State of North Carolina I Envim inemtal Quality I Energy. Mineral and Lend Resources
Wilmington Regional Office 1127Cardinal Ddve Extension I wiltnington.NC 28405
910796721E

State Stormwater Permit No. SW8 080115
Page 2 of 2
Please either provide the required copy of the recorded deed restriction document, or a 'Plan of Action"
by June 24, 2017 to DEMLR that states how and when this violation will be abated. if we do not receive
the recorded deed restrictions or a 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 Onslow 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 call Linda Lewis at (910)-796-7215.
Sincere)y,
9m Tracy Davis, P.E., Director
Division of Energy, Mineral, and Land Resources
GDS\arl: \\\Stormwater\Permits & Projects\2008\080115 LD\2017 05 NOV 080115
cc: David Newsom, P.E., Crystal Coast Engineering
Williamsburg Plantation HOA c/o Advantage Gold Realty 301 Western Blvd. Ste. C Tville 28546
Onslow County Building Inspections
Annette Lucas, P.E., DEMLR
Georgette Scott, Wilmington Regional Office Stormwater Supervisor
W iRO Stormwater File
Stale of Norif LCarolina I Environmental Quality I Energy. Mineral and Land Resources
Wilmington Regional Office 1127Cardinal Drive Extension I Wlllnington,NC 28405
910 796 72I5