SW8960916_Historical File_20060109

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TYPICAL LOT LAYOUT & SETBACKS
TMS #213-00-04-102
ABUNDANT LIFE FULL GOSPEL
' CHURCH /
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TMS #213-00-04-105
3 \ M. H. ROURK, DR.
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TMS #213-00-00-044
UNDA CAROL SIMMONS
10
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TMS #213-00-00-048 9
PLEASANT HILL BAPTIST CHURCH atd
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PROPOSED NEW 60 R/W AND F PINE LAKE DRIVE
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LOCATION . . . .
COW 0.
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20.6ii c 1000
0.4.1_ 0.47 oe. /
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VISTING PINE—U�
R/W TO BE A13ANDONEOoft qb
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4.4703
PAROEI.ID
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PARCEL ID #21300035
VARA E EDWARDS
KEY PLAN
VICINITY MAP
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PARCEL 10 121300035
VARA E EDWARDS
PROJECT INFORMATION
EXISTING 97 LOTS IN PHASE 1 AND 2
PROPOSED 136 LOTS IN FUTURE PHASES
= 233 TOTAL LOTS
PROJECT BREAKDOWN
PHASE
LOTS
AREA
1
60
15,70
2
37
13.13
3.4.5
136
55.41
TOTALS:l
233
84.24
GRAPHIC SCALE
0 75 150 300
800
SCALE: N.T.S.
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URBAN PLANNING ♦ LANDSCAPE ARCHITECTURE :2
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11947-J GRANDHAVEN DRIVE z
MURR.ELLS INLET, SOUTH CAROLINA 29576
USA
OFFICE 843.357.0606
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ETd of SC. U.0
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OWENDON
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PLANTATION
SUBDIVISION
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LANDPLAN
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OWNER f DEVELOPER:
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STRATLAND HOMES
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3737 GLENWOOD AVE., SUITE
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RALEIGH, N.C. 27612
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TEL: [phone]
FAX: [phone]
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Drawn By: T.J.G.
Checked By: R.S.W.
Date: January 9, 2006
Proj#: 3060034
Revisions
SHEET
1
( IN FEET )
1 inch = 150 ft.

8' SIDE
SETBACK
I Q b
I NO
L o
50'
PROPOSED 50' R/W
F- Y
Z
C) U
m LO
H
CO (w
i
TMS
2.71 cc. WETLANDS 0.15 cc.
. .
50' WIDE CHARLESTON STYLE LOTS
3.56 cc,
UPLANDS
......
6.27 cc. TOTAL
TYPICAL LOT LAYOUT &SETBACKS ;65
; ; ;:':':':':':':':':':':':::::':':':'.'..:':':':':';':':':':':':':':':':':':':•;•;•:•;•; ;•;•;•;•;•;•;•;•; 6,296 s.f.a
�............................ 0.14 cc.
5 0' WIDE LOTS THIS AREA - _ :::::::::::::::::::':':':
a
r a : oft „ 64
44 C H A R L E S TO N STYLE LOTS...'..'.'.'.'.'.'.'.'.'.'.'.'.'.'.'.'.'.'.'.'.'.'..'.'.'.'.'...'.'.'.'.'.'.'.'..'.'.'.'...'.'.'.'. s,035 s.f.
...................................................... 0.14 cc.
TYPICAL LOT= 5 0' x 12 0' . ;'.- - - ..'.'.'. ;';':';':':':'..... ;';';';'....':':';';':':':: ;';'... ;';' 63
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6 0'
8' SIDE (�_ F- 7
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TYPICAL LOT o
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160'
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R/W
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TYPICAL LOT LAYOUT & SETBACKS
8' SIDE
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.- 70' 70'
TYPICAL LOT
70' x� 100'
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PROPOSED 50' /W
OY
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:':':':':':':':.:':':':':':':':':':':':':':':•:' :':' :':':':':• :':. ' :';•:•;.'..........i.................':'.'.'.'.':':':'.'.':':':':'.':':':':' ' 6,000 s.f.
a ... ... .. .. 0.14 cc. '
..;;:;.;;;::.;;;_;:;..;.:.;.:.;...;.;.;.;.:.;...:.;.;.;.;...;...;.;.:.,.:.;.;. .....;... 69 9�
62
.'... 6,685 s.f. 6,000 s.f.
;•;•:.:.;.;:;:;:;:;:;:;;;; ;.;........ 103 102 0.15 00. 0,14 ac.
104 6,029 s.f. 6,029 s.f. 101 70
61 ti
6,130 s.f. 0,14 cc. 0.14 cc, 6,029 s.f 100 6,078 s.f,
106 6,0005.f. 0.14 oc, 0.14 cc 0.14 cc. 1, 6,000 s.f.
...... 107 6,029 s.f 0.14 cc,
108 ,000 s.f. 0.14 ac. 0.14 cc 99 71
5,000 s.f. 0.14 act 6,029 s.f ` 60
109 6.031 s,f. �0,14 cc.
0.14 a 6,000 s.f.
• • • 6,044 s.f. 0.14 cc. 98 0.14 cc. 6,028 s.f.
110 .14 cc. 6.029 s.f. 0.14 cc.
i,044 s.f, 0.14 a 72
.14 cc. �� 97 8,000 s.f,
' 8,044 s,f. �A 0.14 cc,
6,000 s.f,
'� ` 0.14 73
14 cc.
112 131 6,0�6 .f. 6000o a f.
6, s.t. 130 6.640 s.t, 132 0.14 a
14 cc. 128 129 6-000 s.f. 0.15 ac. 95 74
127 �000 s.f. 6,000 s.f. 0.14 cc. 6014 oc,254 f• 6,293 s.f. 6,022 s.f.
11 0.14 cc. 133 0.1 � c! 014 cc.
125 126 6,000 s.f. 0,14 cc.
6,044 s. 6,000 s.f, 0.14 cc, 6,025 s.f, ry5
14 cc. 6.598 s.f. 0.14 cc. 0.14 c 94
0.15 cc. 6,981 s.f.
••••••••• 6,013s.f.
114 124.....;.;.;.;.;.:.;.;.:.;.;.;.;.:.;.;.;.;.;.. 134 0.1 � 0.14 ac.
6,000 s.f. 6.006 s.f.
14 cc. 6,905 s.f..........'.'.'.'.'.'.'.'.'.'.•.•.'..'.'.'.'...'.'.'..'.'.'.'..'.'.'.'.'.'.'.'.'.'.' 0.14 a 93
o1s ac............................
.''..................135 9,282 a.f.
115 •'.'.' .'.'.'.'.'.'.'.'.'.'.'..'.'.'.'.'..'.'.'.'.'.'.'.'.'.'.'.'.'.'. 6,091 s.f. 0.21 cc.
6,000 s.f. 123...........................................................°... a14 a
14 cc. 6,000 s.f..............................I.............................
14 cc. ............................................................... 78
116 PEN PACE ;. ;; 716 s.0 6,158 s.f.
6,115 s.f. 122 CLUBHOUSE & POOL 0.16 cc. 0.14 cc.
\ .14 ac. 6,019 s.f. / ..................... COMMUNITY PARK
.14 cc. I .... .... .... ..... 1.88 cc- TOTAL .... .... .. ......... ♦ 92
,257
T \ TMS #213-00-04-105 117 1;.:.:.;.:.:.;.:.;.:.:.:.;.;.;.;.;.;..;.;.;.;.;.:.'.:.'.'.'.;.:.:.:.:.:.;.;.:.'.;.:.;.;.;.;.:.:.:.:.;.;.;.;.;.;.;.;;;; ;•: •e....000 . 8014 cc, 48
MS \ M. H. ROURK, DR. s 646 s.f. 121 91 s,248 s..
/ FR 2r3 / 0.15 cc. 8,096 s.f.::::::::::::::::::::::::::::::::::::::::::::::: ; 6,000 s.. 0.14 cc.
/V "- 0.14 cc. 90 b.14 cc.
�0, \.................................... ... 6,000 s.f.
eF5 C ADO \ 11$ y' 89 0.14 cc. 78
'cR ,04? / 7.764 s.f. 120 ............................ 6,000 S.I. 6,110 s.f.
P Oa 8 ac
N j 7,168 s.f•` ` 5,000 s.f. 88 0.14 cc, 0.14
87 � �
........... �•..,.. C 15 c
.. ...... 10,89 9 .f.plW 6,000 s.f.
:.:.:.;.;.;.;.;.;.;.;.;.:.;.;.;.;.;.;.;.;.;.;.;.;.;.:.:.;.;.;.;.;.;.;.;.:.;.;.;.;.;.;.;.;.;.:.;. 0.25 cc 19 0.14 cc.
6,922 s.f.
♦ 17 7,00 5s.f. 0.16 CC.
:'.':'::::::............... „ ►,'..'.'.'.'.'.'.'................ ...... 15 16 7,004 s.f. 0.16 cc. OPEN SPACE ' Coll80
OPEN SPACE A :::::::::::::: 7,00b s.. 0.18 cc.
115 LAKE 6,031 sA
............1.15.ac. UPLANDS .............. ....•.•.•......•.•.•.•.•.•... 13 14 7,00o s.f. 0.18 cc.
\ 7.000 s.f. 0.16 cc. 0.14 cc,
7,003 s.f. 0.16 cc.
0.16 cc. C
...........' 6,270 s.f.
12 ................... ...................'OR D
.010
7,004 s.f,
TMS a
#213-00-00-044 ..... .. .. � 11 o1s cc, .... ..... :..:.. � Z 82
\ LINDA CAROL SIMMONS .;.;•.•;.;•;•;•;•;. ;.;.;.; ; ; 6,231 s.f.
,' 7,000 9.1, r a a - - r a a
SPACEOPEN » 83 0.14 cc,
/ \ ....:.::..::: 0.16 cc.
01
1 Q a a a a a a a a • 2.61 oc. WETLANDS 6,000 8.f.
�.'.'.'.'.'.'.'.'.'.'. 7,020 s.f. 1.53 cc. LAKE 84 0.14 cc.
�...........'%� 0.16 ac. 6.69 cc. TOTAL 6,000 a.f. ,� 0 0 f
\ r . a a . a a . a a . 85 0.14 cc. V�.
\ S ................ '.'.'.'.'.' 6,000 s.f.
86
59
7,382 s.f.
0.17 cc..,
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TMS #213-00-04-102
ABUNDANT LIFE FULL GOSPEL
/ CHURCH
/
TMS #213-00-00-045
PLEASANT HILL BAPTIST CHURCH
..'.'.'.'........................................... C,. 6,349 s.f• 52
KEY PLAN
CO AWON AREA
36,923 s.f.
0.85 cc,
A Q 0.15 cc. 7,780 s,f. 11 .:::::::r: ra a a- • a a a/Y Xa ISa�`r\, a a a a P�a /VVVV h/• a a - a - a r
; : • .:.:;..::;.:.;.;:.;..;;.;;.;•
20
0.18 cc. 6,945 sf. ♦ 51
21 0.16 cc, 8 3s.f.
7,001 s.f. 0,15 ac,
O22 0.18 cc ........ 5,052Qs.f.
9 7,001 a.f. 40.14 cc.
sf. 23 0.16 cc. 8,000 s,f,
0.16 cc. 7,000 sf. 0.14 cc.24 0,16 a. �
25700s.f. 48016 cc. 7,000 s.f. 8,000 s.t. ••••• •••
K�r•
7,109 s.f. 26 0.16 cc. / 47 0.14 cc. .P G
n 1i'. „n a r a a r • a a a a a !1,'Y 7,000 s.f. _ / e nnn _
LU NLW bU H/W AND
\ 46 0. 4 cc.
7,004 s, f. 16 oc.
LOCATION OF PINE LAKE DRIVE :':':': - r a r - - ::.:::. 28 0.16 cc. 7,001 s.f, EX� 4 a�• ... PARCEL ID #21300035
70' WIDE LOT CON I G 4O N ,� ...... ... 45 0.16 cc, VAR L E E 213
7.020 s.f. 7,001 s,f.
TYPICAL LOT LAYOUT & 4T ACKS 6,707 s.f. a a a a a 0.15 as ........ o.,s c. 2 ; RDS
0.15 ac. ,,,� p,Y t�
44
7,001 s.f.
43 .. ..
29 ..... I 0118 act ...... PARCEL ID
r r a 7>019 s.f. 7,000 s.f.
S 4 6 ' ':':':':':':'. '� 42 o1s cc.
# 213KA036
c/,9MF�{r2,3 #0 18,923 s.f. ` 6,707 s,f. ............. 0.16 cc. 41 7,,000 s.f. ;.;.;.;.;.;.;.;.;.;. JOHN BbONE SMITH
' S` `�O 0.43 cc, 0,15 cc. .'.'... •.'.'.' I'R4?QS��..'.'.'.'.'.'.'.' 30 7.000 s,f.0.16 \
RR �0 \ ' EN.TRANeE.'.'.'.'.'.' ' • • • •-• 70000s.f. 6.16 ac. ............... .... .'.' ' PARCEL ID
Y Y 3 7,Ooo s.. 39 # 213KAo37
4 8p� 5 f'EAT.UI E.' 0.18 oc. 0.16 cc, J01•IN B SMITH
�4F 6,707 s,f. 7,037
37 s.f..
` 015 cc. ........ ......... 31 ........... 6 cc. •;:;:;:;:;:' .':;:;.'........... PARCEL ID
7,030 s.f_ .......... SAKE i # Y L HAR
G HENRY L HARDEE
0.16 cc, '�,N.............PARCEL ID PARCEL ID
*40%32 ......... EX�S A QC, �► # 213KA039 # 213KA035
7,439 s.f. sue, 38 A, ... I..•.• PARCEL ID TOMMY L MILLER MICHAEL L MCDUFRE
3 0.17 cc. 7,008 s.f. .... # 213KA040
... .
0.18 cc. \ VALUE M WHITE
20,628 s.f.
47 cc
0.. /
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.f. ........'.'i� \ \
EX ` 0,16 cc. # 2RCEL ID ANTHONY OYE
R DR
VE h ` 15,560 s.f,
-r /w 0.36 cc. 1 36 PARCEL ID TOMMY L MILLER
13,850 s.f. • • • "� .ram 7,057 s.f. # 213KA043
-�� �►�` \ 0.32 cc. PROPQ D 0.16 cc. ALLY JANE WATSON
LANDS PE 35 PARCEL ID
PROPOSED ✓ \ TOMMY L3KA MILLER
\ P P F
LANDSCAPE '•' J AREA ( P.) 0.16 s.f. #
�r ;•� 34 0.16 cc. 1.47 cc. UPLANDS
AREA (TYP,) ; ., V PARCEL ID
4.87 cc. LAKE
L'IA 80, 7,071 s.f. �,.. # 213KA045 6.14 cc. TOTAL
�3•�3 % 33 0.16 cc.
,,r, TOMMY L MILLER
1,s9 f 4, f, �AC.T / Q •' 12,952 s.t.
cc. I �` Z ' ' 0.30 cc. ......
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/ yam- ;.;.;. ��(�S�' (a�'• ;.'.. PARCEL ID
` 1 C''O i •9 ; # 213KAO
ROGER DIPIETRO AOLO
EXISTING PINE LAKE DRIVE s ac' '� / �. ENE ......
& R/W TO BE ABANDONED ♦ ` / C0 EKE I�R.V' ' ' ' ' '
•�I��h,Cr•A ` E
.� 3og s E f�'h'�0.�, R pV
P 210ELID
RA3KAOOI
NDALL RAY ABERNATHY PARCEL ID
/ # 213KA002
PARCEL
ID
KEYES
l # 213KA057
' JAMES R NICHOLS
P iN
MAP CA
70WIDE LOTS THIS AREA
46 LOTS
TYPICAL LOT= 70' x 100'
0' WIDE LOTS THIS AREA
45 LOTS
•YPIr,AI I nT Rn' u inn'
PROJECT BREAKDOWN
PHASE
LOTS
AREA
1
60
15.70
2
37
13.13
3,4,5
1 136
1 55.41
TOTALS;
1 233
84.24
GRAPHIC SCALE
100 0 50 100 200
CALE: N.T.S.
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URBAN PLANNING ♦ LANDSCAPE ARCHITECTURE :2
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11947-J GRANDHAVEN DRIVE z
MURRELLS INLET, SOUTH CAROLINA 29576
USA
OFFICE 843.357.0606
FAX [phone] a,
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OWNER f DEVELOPER:
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STRATLAND HOMES
3737 GLENWOOD AVE., SUITE
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RALEIGH, N.C. 27612
TEL: [phone]
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FAX: [phone]
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Drawn By: T.J.G.
Checked By: R.S.W.
Date: January 9, 2006
Proj#: 3060034
Revisions
4W SHEET
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9
( IN FEET )
1 inch = 100 ft.

NOT-12-2005 �NED 08:40 PM
P. 001
THE MCGEE LAW FIRM , P.L.L.C.
Attorneys at Law
1418-3 N. Howe Street
Post Office Box 11059
Southport, NC 28461
Telephone: [phone] Fax: [phone]
Date: 10
To: on t� U bl a l I
Fax No. 9So^-zoo \-
From: s tAIU" r
Subject:
No. of Pages: `2-- (includes this cover sheet)
7Gry.dr .ni�rrwk:4— " Aj c�'t3, A A IL6"/
ev 5'� re.. T L. •� N �,
u �� raw 4G..ow A�
The information contained in this facsimile is privileged and confidential information intended for the sole
use of the addressee, If the reader of this facsimile is not the intended recipient or the employee or agent
responsii?le for delivering it to the intended recipient, you are hereby notified that any dissemination,
distribution or copying of this communication is aftictly prohibited. If you have received this fax in error,
please immediately notify the person listed above.

Michael F. Easley, Governor
William G. Ross, Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
October 13, 2005
Mr. Sam McGee
The McGee Law Firm, P.L.L.C.
Post Office Box 11059
Southport, NC 28461
Subject: Letter of Clarification
Owendon Plantation
Stormwater Project No. SW8 960916
Brunswick County
Dear Mr. McGee:
This office would like to clarify two statements that were written in your letter, dated October 4,
2005, to Mr. Jay R. Houston.
Statement 1
In your letter you stated that, "First of all, you state that Owendon Plantation preceded Guy C.
Lee, thereby justifying the diversion of water onto Guy C. Lee's property on the theory that his
retention pond should have considered this offsite flow. DWQ has found otherwise, and your
letter now makes it look like we have something to hide, and that we are not all being forthright
with DIMn."
Clarification to Statement 1
Our office has not made a determination as to which facility was constructed first, Guy C Lee
or Owendon Plantation. This office has stated that offsite drainage from Owendon Plantation
cannot enter into the wet detention pond associated with Guy C. Lee's facility without an offsite
stormwater permit
Statement 2
In your letter you state that, "Second of all, your letter stated that "construction grade restraints
required the swale to be modified," a statement that, as DWQ has pointed out, makes clear
that you were aware of these changes, but did not revise the plans, have the revised plans
approved, or obtain a modified permit."
Clarification to Statement 2
Our office has not made a determination as to when Mr. Houston became aware of these
changes. In a Notice of Violation that was sent to Mr. Owen on April 18, 2005, our office did
North Carolina Division of Water Quality 127 Cardinal Drive Extension Phone [phone] Customer Servicel-877-623-6748
Wilmington Regional Office Wilmington, NC 28405-3845 FAX [phone] Internet: h2o.enr.state.nc.us LJne
ori:hCarolina
An Equal Opportunity/Affirmative Action Employer — 50% Recycled/10% Post Consumer Paper Aah(,rdlt"

Letter of Clarification
SW8 960916
Page 2
point out that any revision to the approved plan would require a permit modification and that
modifying the swales constituted a revision of the approved plan.
If you have any questions concerning this matter, please contact me at the Wilmington
Regional Office, telephone number [phone].
Sincerely,
Rhonda Hall
Environmental Engineer
ENB/rbh S:WQSISTORMWATILETTERS120051960916.oct05
cc: Don A. Owen, Owendon Plantation
Bryan Strickland, Guy C. Lee Building Materials
Jay R. Houston, Houston and Associates, P.A.
Rhonda Hall
Wilmington Regional Office

THE MCGEE LAW FIRM, P.L.L.C.
Attorneys at Law
1418-3A N. Howe Street
Post Office Box 11059
Southport, North Carolina 28461
Telephone: [phone]
October 4, 2005
Mr. Jay R. Houston, P.E.
Houston and Associates, P.A.
P.O. Box 627
Shallotte, NC 28459
Re: Owendon Plantation
Mr. Houston:
Fax: [phone]
I represent Don Owen and Owen Ventures, Inc, with respect to the Owendon Plantation
development. As you have been made aware, the Division of Water Quality (DWQ) has issued a
Notice of Violation with regard to several alleged violations of Permit No. SW8 960916. I have
reviewed and copied the DWQ file on this property, and am therefore aware that you have been
copied on relevant correspondence (including the Notices of Violation dated October 18, 2004
and April 18, 2005), and that you attended an on -site meeting with a representative of DWQ.
Although DWQ has been patient awaiting action responsive to their demands, it is clear
at this time that something needs to be done to correct the problems in order to prevent an
enforcement action by DWQ. That is, this problem is not simply going to go away. Similarly, it
is not just a problem for Don Owen. As you know, your agreement with Mr. Owen was to
provide acceptable plans for this project and to oversee construction to ensure it was in
compliance with these plans. Clearly this was not done, as the storm drainage issues raised by
DWQ are all contrary to the plans, something Mr. Owen did not know until he heard from DWQ.
Your job was precisely to prevent this sort of problem from arising. In addition, once the
problem was raised by DWQ, you wrote a letter to them that has caused additional problems.
First of all, you stated that Owendon Plantation preceded Guy C. Lee, thereby justifying the
diversion of water onto Guy C. Lee's property on the theory that his retention pond should have
considered this offsite flow. DWQ has found otherwise, and your letter now makes it look like
we have something to hide, and that we are not all being forthright with DWQ. Second of all,
your letter stated that "construction grade restraints required the swale to be modified," a
statement that, as DWQ has pointed out, makes clear that you were aware of these changes, but
did not revise the plans, have the revised plans approved, or obtain a modified permit.
This problem has to be fixed. It involves not only DWQ, but property owners in
Owendon (some of whom cannot build due to the deviations from the storm water plans), Guy C.
Lee, and even the Town of Shallotte, who uses one of the culverts that. DWQ is requiring to be
capped. If a matter like this is litigated in the court system, it will be very lengthy and expensive
for all parties, including you. Money will already have to be spent to satisfy the requirements of

DWQ. These damages are your responsibility. In addition, if my client faces an enforcement
action from DWQ due to your failure to provide the services contracted for, we will pursue you
in court for the damages and costs of this action as well. The only way to avoid this result is for
you to become actively involved in working with DWQ to resolve this problem. This will
involve work and financial contribution, but will no doubt be a preferable option to a'legal battle.
Please contact me, or have your lawyer do so should you hire one, within the next ten (10) days.
Sincerely,
S----
Sam McGee
Cc: Rhonda Hall, N.C. Division of Water Quality
Jamie McLamb, L.M. McLamb & Son
Don A. Owen
Bryan Strickland, Guy C. Lee Building Materials
Paul Sabiston, Town of Shallotte

OWE N VENTURES, INC.
11 Yaupon Way
Oak Island, N.C. 28465
Phone: [phone]
kerrycowen@beL[south.net
September 9, 2005
N.C.Division of Water Quality
127 Cardinal Drive, ext.
Wilmington, N.C. 28405-3845
Attention: Rhonda Hall
Re: Owendon Plantation
RECEIVED
S E P 1 2 2005
BY:
Dear Ms. Hall;
• I met with Iris McCombs with DOT concerning the runoff with Guy C. Lees
retaining pond. She feels that there should not be two 24-inch drainage pipes from
Hwy 179 to Guy C. Lees pond and only one 24-inch pipe going out of the pond to
Village Point Road. Ms. McCombs has sent this information to Raleigh for their
investigation and a decision. Jay Houston, next week, will have the new calculations
on Guy C. Lees pond and hopefully if DOT corrects their problem, there will be
sufficient capacity if Guy C. Lee will permit so.
I will get with you next week. to update you on the progress.
Sincerely,
4 ) -A -,?Ju4,
Don A Owen

7MAY
EIV
1 2005
OWEN VENTURES, INC.
11 Yaupon Way
Oak island, N.C. 23465
Phone: [phone]
May 12, 2005
N.C.Division of Water Quality
127 Cardinal Drive, ext.
Wilmington, N.C. 28405-3845
Attention: Rhonda Hall
Dear Ms. Hall
I am sorry it has taken so long to reply to your letter dated April 18', 2005
concerning the stormwater issue at Owendon Plantation. I am working with Jay
Houston and Associates and L. M. McLamb and Son on a resolution to correct
this issue.
Our engineer seems to think to resolve this issue is to install a drainage swell
to connect to the nOT swell nn Village Point Road. We are having it surveyed
next week to make sure we have enough fall to provide this.
I will keep you informed on the progress of correcting this issue. For I, as well
as you, would like to resolve this matter quickly.
With regards, I am,
Don A. Owen
Owen Ventures, Inc.

t wen Ventures..
11 Youpon Way
Oak Island, NC 28465
910-278-7686
cell 919-799-1550
910-201-4680
Send to: � I& p 4 tb
From: pa'� ow erj
Attention: d-p—
Dater
Office Location:
Office`Location:
Fax Number: qj0 ._ D &7,0
Phone Number: �IVICM(Sso
❑ Urgent T�.
❑ Reply ASAP
❑ Please comment
Ga' Please Review
2' For your Information
Total pages, including cover: 2_
nrs:

Michael F. Easley, Governor
William G. Ross, Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
April 18, 2005
CERTIFIED MAIL # 7004 2510 0001 8280 0802
RETURN RECEIPT REQUESTED
Mr. Don A. Owen
Owendon Plantation
PO Box 204
Siler City, NC 27344
Subject: NOTICE OF VIOLATION
Owendon Plantation
Stormwater Project No. SW8 960916
Brunswick County
Dear Mr. Owen:
A meeting was held at the Owendon Plantation site, located off Bricklanding Road in Shalotte, Brunswick
County, North Carolina, on April 8, 2005. Attending this meeting were:
DM Staff Facility Affiliations
Ed Beck Don Owen, Owner/Developer
Rhonda Hall Ford McDonald, Owner of Lots 9 and 20
The purpose of this meeting was to:
1. inspect work that was currently being done at Lot 20. An inspection of this work revealed that
a ditch had been constructed. This ditch as constructed will convey the stormwater runoff
from the end of the pipe between lots 19 and 20 to a ditch that currently enters the permitted
stormwater system on the Guy C Lee property. As discussed with you previously, stormwater
from this site cannot enter an off site stormwater pond, unless permitted to do so.
2. perform a compliance inspection of the subject project to determine the status of compliance with
Stormwater Permit Number SW8 960916, issued to you on February 8, 2001. During the April 8, 2005
site visit, the project was found in violation of Stormwater Permit Number SW8 960916, issued
pursuant to the requirements of 15A NCAC 2H.1000. The violations found are:
(1) Section 11.7 No piping shall be allowed except: (a) that minimum amount necessary to
direct runoff beneath an impervious surface such as a road. (b) that minimum amount
needed under driveways to provide access to lots.
A drainage pipe has been added between lots 11 & 12 and lots 10 & 13. A third pipe has also been
added between lots 19 & 20. These three drainage pipes connect to swales that are not on the
permitted plans.
In addition, since the last inspection, it appears that other homeoweners are starting to install
drainage pipe from their yards to the ditch on the Guy C. Lee property.
North Carolina Division of Water Quality 127 Cardinal Drive Extension Phone [phone] Customer Service1-877-623-6748
Wilmington Regional Office Wilmington, NC 28405-3845 FAX [phone] Internet h2o.ennstate.naus ne Carolina
An Equal Opportunity/Affirmative Action Employer— 50°% Recycled110% Post Consumer Paper tma!`y

Notice of Violation
SW8 960916
Page 2
(2) Section II.11 Within 30 days of completion of the project, the permittee must certify in writing
that the project's stormwater controls, and impervious surfaces have been constructed within
substantial intent of the approved plans and specifications. Any deviation from the approved
plans must be noted on the Certification.
Phase I of Owendon Plantation has been completed. Therefore, this office is requesting that
the permittee certify that phase of the project.
(3) Section II.13 The following items will require a modification to the permit. Revised plans,
specifications and calculations must be permitted prior to beginning construction on the
modification:
a. Any revision to the approved plans, regardless of size.
b. Project name change.
c. Transfer of ownership.
d. Redesign or addition to the approved amount of built -upon area.
e. Further subdivision, acquisition, or selling of the project area.
f. Filling in, altering or piping any vegetative conveyance shown on the approved
plan.
(a) The letter received by this office on November 18, 2004 from Jay R. Houston,
P.E. states that the construction grade constraints required the swales to be
modified. This is a revision to the approved plans and therefore requires a
modification.
(b) If you wish to transfer ownership of the permit to the POA, a name/ownership
change form must be submitted and approved by this office. Prior to transferring
ownership this office must inspect the site and find it to be in compliance with
the current permit.
(c) There also appears to be some offsite drainage into the permitted stormwater
system on the Guy C. Lee property. Stormwater from this site cannot enter an
off site stormwater pond, unless permitted to do so. An Offsite Stormwater
Management Permit has not been obtained for this site.
To correct these violations you must:
1. Provide a written "Plan of Action" which outlines the actions you will take to correct the violation(s) and
a time frame for completion of those actions, on or before May 15, 2005. This written plan of action
must be approved by this office prior to beginning construction.
2. The drainage pipes must be removed or capped.
3. The ditch that has been constructed at Lot 20 does not qualify as a 3:1 swale. In addition any system,
such as a swale, that is constructed to convey stormwater must be in a drainage easement. Therefore,
this ditch needs to be modified and a drainage easement needs to be obtained from the lot owner.
4. Divert stormwater runoff from entering the permitted stormwater system on the Guy C. Lee property or
obtain an offsite stormwater permit for this stormwater runoff to enter the permitted system. This office
offers the following suggestions on how this runoff could potentially be diverted from entering the
permitted stormwater system associated with the Guy C. Lee property. Please be advise that this office
is willing to consider other possible means of correcting these deficiencies.

Notice of Violation
SW8 960916
Page 3
(1) Based of the contours that have been submitted to this office, it appears that the stormwater runoff
from lots 15 thru 20 and part of lot 14 can be diverted from entering the permitted stormwater
system by using the ditch located on Guy C. Lee's property as a diversion swale. This would
require that a drainage easement be obtained from the owner(s) of the Guy C. Lee property and that
they agree to divert all stormwater runoff from their property from entering the ditch. It appears
that the owners of the Guy C. Lee property can accomplish this by installing a manhole or catch
basin in the southwest corner of their property just after the concrete slabs and just before the ditch
at a low spot. The water from this manhole or catch basin would be conveyed to the 24 inch CMP
pipe that currently drains to the permitted wet detention pond (see attached drawing).
(2) It also appears that the stormwater runoff from lots 7 thru 9 and part of lot 14 can be diverted from
entering the permitted stormwater system by constructing a swale along the back property lines to
the road ditch along Village Point Road. This would require obtaining darainage easements from the
lot owners (see attached drawing).
Either a Stormwater Permit Application Package including 2 sets of plans, completed application
form, fee, and supporting documentation, or a written response regarding the status of this project and
the expected submittal date must be received in this Office no later than May 15, 2005. Failure to
respond to this request may result in the initiation of enforcement action, and construction may
experience a subsequent delay. Any modification to this project should be submitted and approved prior
to beginning construction of the modification.
Failure to provide the "Plan of Action" by May 15, 2005, or to correct the violations by the date
designated in the "Plan of Action", are considered violations of 15A NCAC 211.1000, 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 withholding building permits and Certificates of Occupancy for this
project until this matter is satisfactorily resolved.
If you have any questions concerning this matter, piease contact Rhonda Hall or Gary Beecher at
[phone].
Sincerely,
<---<, vs
Ed eB c
Acting Regional Supervisor
Surface Water Protection Section
ENB\rbh S:\WQS\STORMWAT\NOTICE\960916.apr05
cc: Jay R. Houston (Houston & Associates, P.A.)
Brunswick County Building Inspections
Gary Beecher (DWQ)
Wilmington Regional Office
Bryan Strickland, Manager (Guy C. Lee)
Ford McDonald
Central Office

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WOODY WHITS
PARTNER
[e-mail]
WHITE & HEARNE, L.L.P.
ATTORNEYS AT LAW
265 RAcwE DRIVE, SurrE 104
WI miNGToN, NORTH CAROUNA 28403
April 13, 2005
Mr. Don Owen
Owendon Plantation
Post Office Box 204
Siler City, North Carolina, 27344
Mr. Don Owen
11 Yaupon Way
Oak Island, North Carolina, 28465
.. RE: Owendon Plantation Stormwater Runoff issue
Via Certified Mail Return Receipt Requested
Dear Mr. Owen:
VJW W.VVHITEAND HEARNE. COM
TnwnoNE: 910.313.3336
TOLL FREE: 800.807.4783
FAcsimim 910.796.9294
I represent B.C. Hedgepath, the owner of lots 9 and 20 of-Owendon Plantation. As you know,
there are currently unresolved issues concerning the original issuance of Stormwater Permit No. SW8-
960916. The purpose of my letter is twofold; first, to demand that you immediately begin whatever work
is necessary to bring your subdivision into compliance with the original approval and issuance of the
permit, and secondly to do so without trespassing on lots 9 and 20 of Owendon Plantation. If your work
requires entry on these premises, then write a letter stating the time and date of your needed entry, and
wait for our permission to proceed.
In the meantime, we will continue working with NCDENR to see that the work you were
supposed to do is finished.
With regards, I am,
Sincerely yours,
Woody White
WW/jag

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OF WAIF Michael F. Easley, Governor
O�QG William G. Ross, Jr., Secretary
;1 North Carolina Department of Environment and Natural Resources
-f
© Alan W. Klimek, P.E. Director
Division of Water Quality
February 4, 2005
CERTIFIED MAIL # 7003 1010 0000 0032 3772
RETURN RECEIPT REQUESTED
Mr. Don A. Owen
Owendon Plantation
PO Box 204
Siler City, NC 27344
Subject: NOTICE OF VIOLATION
Owendon Plantation
Stormwater Permit No.SW8 960916
Brunswick County
Dear Mr. Owen:
The Wilmington Regional Office received a letter from Jay R. Houston, P.E., Houston and Associates, P.A. on
November 18, 2004. This letter was received in response to a Notice of Violation letter dated October 18,
2004 issued to you by this office. After reviewing this letter, reviewing the project file associated with
this permit, and performing two compliance inspections at this site (October 5, 2004 and January 11,
2005), this office has determined that the project appears to be in violation of Stormwater Permit Number
SW8 960916 issued to you on February 8, 2001. The violations found are:
1. Section H..7 No piping shall be allowed except: (a) that minimum amount necessary to direct runoff
beneath an impervious surface such as a road. (b) that minimum amount needed under
driveways to provide access to lots.
A drainage pipe has been added between lots 11 & 12 and lots 10 & 13. A third pipe has
also been added between lots 19 & 20. These three drainage pipes connect to swales that
are not on the permitted plans.
2. Section 11 11 Within 30 clays of completion of the project, the permittee must certify in writing that the
project's stormwater controls, and impervious surfaces have been constructed within
substantial intent of the approved plans and specifications. Any deviation from the
approved plans must be noted on the Certification.
Phase I of Owendon Plantation has been completed. Therefore, this office is requesting
that the permittee certify that phase of the project.
3. Section 11.13 The following items will require a modification to the permit. Revised plans,
specifications and calculations must be permitted prior to beginning construction on the
modification:
a.
Any revision to the approved plans, regardless of size.
b.
Project name change.
c.
Transfer of ownership.
d.
Redesign or addition to the approved amount of built -upon area
e.
Further subdivision, acquisition, or .telling of the project area.
j
Filling in, altering or piping any vegetative conveyance shown on the approved plan.
(1)
The letter received by this office on November 18, 2004 from Jay R. Houston, P.E.
states that the construction grade constraints required the swales to be modified.
North Carolina Division of Water Quality
Wilmington Regional Office
127 Cardinal Drive Extension Phone [phone] Customer Service1-877-623-6748
Wilmington, NC 28405-3845 FAX [phone] Internet: h2o.enr.state.nc.us
NoorthCaroi/ina
An Equal Opportunity/Affirmative Action Employer— 50% Recycled/10% Post Consumer Paper �% mu -pall"

Notice Of Violation
SW8 960916
Paget
This is a revision to the approved plans and therefore requires a modification. I
have attached a copy of Mr. Houston's letter for your convenience.
(2) If you wish to transfer ownership of the permit to the POA, the attached
name/ownership change form must be completed. Prior to transferring ownership
this office must inspect the site and find it to be in compliance with the current
permit.
(3) There also appears to be some offsite drainage into the Guy C. Lee pond from the
Swale located between lots 9,13 & 14. This swale connects to the drainage pipe
between. lots 10 & 13. Stormwater from this site cannot enter an off site stormwater
pond, unless permitted to do so. An Offsite Stormwater Management Permit has not
been obtained for this site.
(4) The letter received by this office on November 18, 2004 from Jay R. Houston, P.E.
states that Owendon Plantation preceded the Guy C. Lee project by a significant
amount of time. However Bryan Strickland, Manager of Guy C. Lee, indicates that
Guy C. Lee was there first. Do you have any other documentation to support your
claim that you were the first to develop?
To correct these violations you must :
Provide a written "Plan of Action" which outlines the actions you will take to correct the violation(s) and a
time frame for completion of those actions. on or before March 4._ 2MI;
2. The drainage pipes must be removed or capped.
Either a Stormwater Permit Application Package including 2 sets of plans, completed application form,
fee, and supporting documentation, or a written response regarding the status of this project and the
expected submittal date must be received in this Office no later than March 1, 2005. Failure to respond to
this request may result in the initiation of enforcement action, and construction may experience a
subsequent delay.
Failure to provide the "Plan of Action" by March 4, 2005, or to correct the violations by the date
designated in the "Plan of Action", are considered vioiations 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 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 Gary Beecher at [phone].
Sincerely,)
Ed Beck
Acting Regional Supervisor
Surface ",slater Protection Section
ENB\ghb S:\WQS\STORMWAT\NOTICE\960916.feb05
cc: Jay R. Houston (Houston & Associates, P.A.)
Brunswick County Building Inspections
Gary Beecher (DWQ)
Wilmington Regional Office
Bryan Strickland, Manager (Guy C. Lee)
Central Office

Telephone [phone]
Facsimile [phone]
HOUSTON and ASSOCIATES, P.A.
Consulting Engineers
SHALLOTTE, NORTH CAROLINA 28459
117 Pine Street
Post Office Box 627
Friday, November 12, 2004
Mr. Gary Beecher
Wilmington Regional OfficeEND
�
Division of Water Quality
NC Department of Environment and Natural Resources 2 004127 Cardinal Drive Extension
Wilmington, North Carolina 28405-3845
Subject: Owendon Plantation
Permit No. SW8 960916
Response to Your Letter of October 18, 2004 (Notice of Violation)
Plan of Action
Dear Mr. Beecher:
The purpose of this letter is to provide the required response to your
Notice of Violation letter dated October 18, 2004 and to provide the written
"Plan of Action" required by the letter. Included as an attachment to this letter
is a letter from the developer, Owen Ventures, Inc. to the Owendon Plantation
POA regarding this matter.
With respect to the deed restrictions for lots 98-233, this area is being
redesigned and the lots are neither platted nor recorded. A permit modification
request will be forwarded to your office when the owners have completed the
redesign efforts.
Your letter states in paf aocaph 2. , under "To correct these violations you
must", that "stormwater from this site cannot enter an off site stormwater
pond, unless permitted to do so." Owendon Plantation preceded the Guy C.
Lee project by a significant amount of time and the drainage from Owendon is
following the natural drainage patterns in the area. This original swale
direction within Owendon was designed to flow toward Village Point Road and
then along the roadway ditch to the Guy C. Lee property where a roadway cross
drainage culvert empties.
Construction grade constraints required the Swale to be modified but the
quantity of runoff and the location of the downstream discharge point is the
same as that of the permitted plan. Because of this, the Guy C. Lee
stormwater pond should have taken into consideration this existing offsite
flow. Technically, because the offsite flow is now treated in a stormwater pond,
upstream piping is not an issue, but we won't press this point. If the pond did
not take into consideration this offsite flow, it should have.
This plan is superior to the previous plan because it "spreads out" and
separates the flow from the roadway Swale in accordance with the goals of the
low density option of development. Additionally, it is my belief that the length
of the required Swale was 50' at the time this project was permitted instead of
the current 100' length required, but I cannot verify this.

MrBeecher Page Two Owendon Plantation
November 12, 2004 Permit # SWS 960916
Plan of Action
Plan of Action
The permittee has forwarded the attached letter to the POA
regarding the installation of the unapproved pipe. There is no
further action required by the permittee since the restrictive
covenants are enforced by the POA.
We trust that this letter adequately addresses the requirements set forth
in the notice of violation letter from your office. Should you have any
questions or comments, please contact our office and we will respond at once.
Sincerely,
JaHo4uston, P.E.
Houston and Associates, P.A.
Attachment
pc: Mr. Don Owen, Owen Ventures, Inc.
Mr. Frank Smith, Owendon Plantation POA
File; 0443 (Owendon Plantation - Stormwater)

A a a VA
- 7*A
74L)
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Michael F. Easley, Governor
October 28, 2004
CERTIFIED MAIL #7002 1000 0005 2390 8450
RETURN RECEIPT REQUESTED
Mr. Don A. Owen
Owendon Plantation
PO Box 204
Siler City, NC 27344
Dear Mr. Owen:
William G. Ross, Jr., Secretary
Alan W. Klimek, P.E., Director
Subject: NOTICE OF VIOLATION
Owendon Plantation
Stormwater Permit No. SW8 960916
Brunswick County
On October 5, 2004, Wilmington Regional Office personnel performed a Compliance
Inspection of the subject pr9 ject, located off Bricklanding Road in Shalotte, Brunswick County,
North Carolina. The inspection was performed to determine the status of compliance with
Stormwater Permit Number SW8 960916, issued to you on February 8, 2001.
The project has been found in violation of Stormwater Permit Number SW8 960916, issued
pursuant to the requirements of 15A NCAC 2H.1000. The violations found are:
1. Section I.5- The only runoff conveyance systems allowed will be vegetated conveyances such
as swales with minimum side slopes of 3:1 (H.• V) as defaned in the stormwater
rules and approved by the division.
2. Section II.7- No JP�Pbl
ng shall be allowed except: (a) that minimum amount necessary to direct
runeneath animpervious surface such as a road. (b) thai minimum amount
nee under driveways to provide access to lots.
(a) A drainage pipe has been added between lots 11 & 12 and lots 10 and 13. Both of these
drainagge pi es connect to swales that are not on the permitted plans. A drainageSipe has also
been addeYbetween lots 19 & 20, this pipe also connects to an un-permitted swale.
To correct these violations you must
Provide a written "Plan of Action" which outlines the actions you will take to correct the
violation(s) and a time frame for completion of those actions, on or before November 18,
2004.
2. The drainage pipes must be removed or capped. There also appears to be some offsite
drainage into the Guy C. Lee pond from the swale located between lots 9,13 & 14. This
swale connects to the drainagc pipe between lots 12 and 13. Stormwater from this site
cannot enter an off site stormwater pond, unless permitted to do so.
3. Please send us the deed restrictions for lots 98-233 in phase II.
Wilmington Regional Office
127 Cardinal Drive Extension, Wilmington, North Carolina 28405 l��One�t,
Phone: [phone] / FAX: [phone] / Internet: h2o.enr.state.nc.us NoNa&&4
f 1,i C arohna
An Equal Opportunity/Affirmative Action Employer — 50% Recycled/10% Post Consumer Paper

Failure to provide the "Plan of Action" by November 18, 2004, or to correct the
violations by the date designated in the "Plan of Action", are considered violations of 15A
NCAC 211.1000, 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 BuildingInspector, 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 Gary Beecher at (910)
395-3900.
Sincerely,
Rick Shiver
Regional Supervisor
Surface Water Protection Section
RSS:\ghb S:\WQS\STORMWAT\NOTICE\960916
cc: Jay R. Houston (Houston & Associates, P.A.)
Brunswick County Building Inspections
Gary Beecher (I WQ)
Wilmington Regional Office
Bryan Strickland, manager (Guy C. Lee)
Central Office

mnoN

OLb NOVA
=Ntl OE
1 sNFo
NCDENR AV-100-r coT
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Michael F. Easley, Governor.
October 18, 2004
CERTIFIED MAIL #7002 1000 0005 2390 8481
RETURN RECEIPT REQUESTED
Mr. Don A. Owen
Owendon Plantation
PO Box 204
Siler City, NC 27344
Dear Mr. Owen:
! q + 2.6.
GNIB
William G. Ross, Jr., Secretar-.
Hian W. Klimek, p.E., nireciu;
Subject: NOTICE OF VIOLATION
Owendon Plantation
Stormwater.Permit No.SW8 960916
Brunswick County
On October 5, 2004, Wilmington Regional Office personnel performed a Compliance
Inspection of the subject project, located off BricklandingRoad in Shalotte, Brunswick County,
North Carolina. The inspection was performed t6 determine the status of compliance.with
Stormwater Permit Number SW8 960916, issued to you on February 8, 2001.
The project has been found in violation of Stormwater Permit Number SW8 960916, issued
pursuant to the requirements of 15A NCAC 2H.1000. The violations found are:
1. Section I.5- The only'runogconveyance systems allowed will be vegetated conveyances such
as swales withh minimum side slopes of 3:1 (MV) as defined in the stormwater
rules and approved by the division.
2. Section II.7- No pi ing shall be allowed except: (a) that minimum amount necessary to direct.
runn�f beneath an impervious surface such as a road. (b) that minimum amount
needed under driveways to provide access to lots.
(a) A drainage pipe has been added between lots 11 & 12 and lots 10 and 13. Both of these
drainage pipes connect to swales that are also not on the permitted plans.
To correct these violations you must :
1. Provide a written "Plan of Action" which outlines the actions you will take to correct the
violation(s)-: and a time frame for completion of those actions, on or before November 18,
2004.
2. The drainage pipes must be removed or capped. There also appears to be some offsite
drainage into the Guy C. Lee pond from the swale located between lots 9 13 & 14. This
swale connects to the drainage pipe between lots 12 and 13. Stormwater from this site
cannot enter an off site stormwater pond, unless permitted to do so.
3. Please sendfus the deed restrictions for lots 98-233 in phase II.
Wilmington Regional Office
127 Cardinal Drive Extension, Wilmington, North Carolina 28405 1�T-One�i
Phone: [phone] / FAX: [phone] Internet: h2o.enr.state.nc.us � v of ffi Cohna
An Equal Opportunity/Affirmative Action Employer— 50% Recycled/10% Post Consumer Paper Njiihili4

Failure to provide the "Plan of Action" by November 18, 2004, 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 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 Gary Beecher at (910)
395-3900.
Sincerely,
Rick Shiver
Regional Supervisor
Surface Water Protection Section
RSS:\ghb S:\WQS\STORMWAT\NOTICE\960916
cc: : Jay R. Houston (Houston & Associates, P.A.)
Brunswick County Building Inspections
Gary Beecher (DWQ)
Wilmington Regional Office
Bryan Sttiickland, manager (Guy C. Lee)
Central Office

N.C. DIVISION OF...WATER QUA. LITY
Water Quality Section
Complaint/Emergency Report Form
WILMINGTON REGIONAL OFFICE
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Emergency Complaint
Report Received From
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Agency �L/ /�� / / Phone No.
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SAMSISHELLSIREPORT.SHL
EPA Region !V (404)347-d062 Pesticides 733-3556 Emergency Management 7333867 Wf/d/ife Resources 733-7291
Solid and Hazardous Waste 733-2178 Marine Fisheries 726-7021 Wafer Supply 733-2321 Coast Guard MSO 343.4881
127 Cardinal Drive Extension, Wilmington, N.C. 28405-3845 0 Telephone [phone] Fax [phone]

HOUSTON and ASSOCIATES, P.A.
Consulting Engineers
SHALLOTM, NORTH CAROLINA 28459 _ ,.,- - Ti
Telephone [phone] ! ,.s� ; c ^sl,£�7 117. Pine Street
Post Oifipe Box 627
Facsimile [phone] S
Monday, October 7 , 2002
Ms. Linda Lewis, Environmental Engineer
Division of Water Quality
NC Department of Environment and Natural Resources
127 Cardinal Drive Extension
Wilmington, North Carolina 28405-3845
Subject: Owendon Plantation
Brunswick County, North Carolina
Storrnwater Modification Permit No. SW8 960916
Response to Letter Dated September 18, 2002
Dear Ms. Lewis:
This letter is in response to your letter of September 18, 2002 requesting
a copy of the recorded deed restrictions for the subject permit. The
Supplemental Declaration for lots 61 through 97, recorded March 5, 2001 are
attached as you requested.
These are the only lots, other than the original 60 lots in Phase I, which
have been put on record and available for sale. The owner has experienced low
sales and is currently filling in ditches as required by the Corps and by the
state. No further lots are planned to be recorded in the near term although the
owner is currently marketing the property (in bulk) to other developers.
The current ditch filling activities ar-e utilizing the latest approved plans
with respect to the location of the roadways, roadside swales, and other
approved stormwater and erosion control features.
If there are any questions or concerns, please contact us at. once and we
will be happy to respond.
Sincerely,
P.E.
associates, P.A.
Attachment
pc: Mr. Don Owen, Owendon Plantation
File: 95-0443-2 (Owendon Plantation Phase 2 - EC and SW)

\N A TF�Q
G
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LO0
Mr. Don Owen
PO Box 204
Siler City, NC 27344
Dear Mr. Owen:
Michael F. Easley, Governor
William G. Ross, Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E., Director
Division of Water Quality
Wilmington Regional Office
September 18, 2002
Subject: REQUEST FOR RECORDED
DEED RESTRICTIONS
Owendon Plantation Subdivision
Stormwater Project No. SW8 960916
Brunswick County
On February 8, 2001, the Wilmington Regional Office issued a Stormwater Management
Permit Modification to you for Owendon Plantation Subdivision. Per the requirements of the
Stormwater Management Permit, a copy of the recorded deed restrictions must be forwarded
within 30 days of the date of recording. A review of our files indicates that a copy of the
recorded deed restrictions for the 60 lots in Phase I was received on December 12, 2000,
however, the restrictions for the remaining 173 lots permitted have not been received by this
Office.
Failure to record and/or provide a copy of the recorded deed restrictions prior to selling
lots is a violation of your Stormwater Management Permit, and subject to enforcement action.
Failure to record the restrictions with all the required language as found in Part II.4 is also a
violation of the Permit. To avoid potential enforcement action, please forward a copy of the
iceurded deed restrictions to this Office at the address below by October 18, 2002. Failure to
send in the covenants may result in the initiation of enforcement action which may include
recommendations for civil penalties and revocation of the Stormwater Management Permit.
If you have any questions, please do not hesitate to call me at [phone].
Sincerely,
Linda Lewis
Environmental Engineer
RSS/arl: S:\WQS\STORMWAT\DEEDREST\960916.SEP
cc: Town of Shaliotte Building Inspections
Wilmington Regional Office
Central Files
N.C. Division of Water Quality 127 Cardinal Drive Extension Wilmington, N.C. 28405 [phone] Fax [phone] Customer Service
800-623-7748

Telephone [phone]
Facsimile [phone]
HOUSTON and ASSOCIATES, P.
Consulting Engineers
SHALLOTTE, NORTH CAROLINA 2845
40Pst
�
Mr. Rick Shiver
Water Quality Regional Supervisor
NC Department of Environment and Natural Resources
127 Cardinal Drive Extension
Wilmington, North Carolina 28405-3845
Subject:
4V
Owendon Plantation
Brunswick County, North Carolina
Sedimentation and Erosion Control Permit No. BR-01121
Stormwater Modification Permit No. SW8 960916
Status of Filling Rim Ditches
Dear Mr. Shiver:
1
The purpose of this letter is to advise you of the status of the subject
project and of the commencement of construction in accordance with the
approved plans. By copy of this letter, we are concurrently advising other
agencies and other parties as well.
My client, Mr. Don Owen, received approval for the subject modification
of the stormwater permit, dated February 8, 2001, on February 12, 2001. He
had previously received approval of the Sedimentation and Erosion Control
plan on December 20, 2000.
You will recall that this project received a Notice of Violation of the
General Stormwater Permit in October, 2000 and that there were some issues
raised at that time relative to 404 Wetlands and 401 Water Quality. Mr.
Danny Sin ith and Ms. U 0-r-ne StccrArais were involved ft om the standpoint of
401 Water Quality issues and Mr. Allen Davis was involved from the US Army
COE.
The final result was that Mr. Owen was directed to fill in the existing rim
ditches and ftilluYv the pialis apprv'vi.-i in %viijuii%tiuia wtai file iSaLiciniC ©f the
subject permits. Mr. Allen Davis notified us by telephone that the Corps of
Engineers would not require a permit to fill the ditches and that his feeling
was that the conditions imposed by the subject permits would satisfy any
further concerns his agency had as long as there were no further impacts on
the most recently delineated and Corps approved wetlands map.
While Mr. Owen was preparing to contract for the rough grading of
roadways and the filling of the ditches, he received an offer to sell ;he
remaining portion of Owendon Plantation to another developer from the
Charlotte, N.C. area. Negotiations have been ongoing since March, 2001. The
new developer is interested in modifying the existing layout by reducing the
layout and utilizing curbing and gutters along the roadways. This will
necessitate a further revision to the existing approved stormwater plan if the
sale is completed. The general locations of roadways and the other
mechanisms of the development, as related to filling in the rim ditches, will
not change.
ie Street
Box 627

]flip; . `Sh$ver Page Two Owendon Plantation
JILUY 13, 2001 Status of Project
The sales contract allowed for a closing on the property by July 30, 2001
following a Due Diligence period for the new developer to thoroughly
investigate the financial feasibility of pursuing the purchase. Recently,
negotiations have bogged down and it is unclear when or u the property will be
sold. During the past several months, it made sense to hold off any
construction activities until it was certain which subdivision design would
ultimately be constructed.
Recently, I have advised both parties that it was my opinion that the rim
ditches needed to be filled without any further delay. For this reason, Mr.
Owen has decided to immediately begin construction, on the approved plan, in
compliance with the conditions of each permit and as agreed upon with Mr.
Davis. Any future changes to the plans will have to be resubmitted to both the
Land Quality Section and the Water Quality Section for modification prior to
die commencement of any work not currently appi-ovedl by permit.
After conferring with Mr. Owen's contractor, it has been determined that
work will begin by August 1, 2001 and will be completed by October 15, 2001
notwithstanding severe weather occurrences. The contractor has been made
aware of the stabilization requirements imposed by the sedimentation and
erosion control permit.
If you, your staff, or anyone on the list to receive a copy of this letter has
any questions or concerns, please contact us at once and we will be happy to
respond.
Sincerely,
Houston, P.E.
in and Associates, P.A.
pc: Mr. Allen Davis, US Army COE
Mr. Don Owen, Owendon Plantation
Mr. Danny Smith, 401 /Wetland Unit
Mr. McCray Smith, Cray, Inc.
Ms. JoAnne Steenhuis, WiRO
File: 95-0443-2 (Owendon Plantation Phase 2 - EC and SW)