SW8060344_CEI Deficient_20220414

ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
BRIAN WRENN
Director
Laguna Bay Owners Association, Inc.
Attn: Keith Williams, President
143 Laguna Bay Dr
Jacksonville, NC 28540
Laguna Bay Owners Association, Inc.
Attn: Clinton Parks, Registered Agent
PO Box 44
Jacksonville, NC 28541
NORTH CAROLINA
Environmental Quality
April 14, 2022
Subject: Notice of Inspection — Not Compliant
Laguna Bay Subdivision
State Stormwater Management Permit No. SW8 060344
Onslow County
Dear Mr. Williams:
On April 13 2022, the Wilmington Regional Office of the Division of Energy, Mineral and Land Resources
(DEMLR) inspected the subject project, located at Laguna Bay Drive in Onslow County to determine the status of
compliance with the State Stormwater Management Permit Number SW8 060344 issued on May 14, 2007 and
modified on November 18, 2021. 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:
1. Section 1. C of the permit restricts Built Upon Area (BUA) for each of the 25 lots according to
Attachment B of the permit and recorded in deed restrictions. An evaluation of each of the lots must be
submitted. Lots 7 and 8 may exceed the BUA of 3,262 square feet per lot. Further investigation is
warranted for all other lots.
2. Section 6. A: BUA in the vegetated buffer. BUA may not be added to the vegetated setback except as
shown on the approved plans. Lot 7 has constructed BUA around the pool area and extending towards the
water into the setback. Other construction was witnessed on other lots within the setback. The 1995 rules
establish the setback as 30 feet.
3. Section 14 B: The responsibility lies with the Laguna Bay Owners Association, Inc. to maintain
compliance with the permit. This includes any installation of BUA within the permit boundary.
Please be advised that, as the permittee, you are required to comply with the terms, conditions and limitations of
the Stormwater Management Permit under Title 15A North Carolina Administrative Code 2H .1003 and North
Carolina General Statute 143-214.7, including the operation and maintenance of the permitted stormwater system
and the requirement to submit any changes from the approved plans to the Division for approval.
North Carolina Department of Environmental Quality 1 Division of Energy, Mineral and Land Resources
Noan+cnuouw, Wilmington Regional Office 1127 Cardinal Drive Extension I Wilmington, North Carolina 28405
nsna,m,eeioiee.o-o mee�iaea\ /`� 910.796.7215

State Stormwater Permit No. SW8 [insert permit number]
Page 2 of 2
Failure to provide the requested information, or to respond to this letter with a plan of action, including a timeline
to resolve the identified deficiencies, by June 1, 2022, are considered violations of the permit. If the requested
information is not submitted to this office by the due date, then DEMLR staff will re -inspect the site and may
issue a Notice of Violation. Please also note that any individual or entity found to be in noncompliance with the
provisions of a stormwater management permit or the stormwater rules is subject to enforcement action as set
forth in NCGS 143 Article 21, including the assessment of civil penalties of up to $25,000 per day.
If you have any questions, please contact me at the Wilmington Regional Office, telephone number (910)-796-
7215 or via email at [e-mail]
Sincerely,
Brian Lambe
Environmental Specialist
Enclosure: Compliance Inspection Report
DES\bpl: \\\Stormwater\Permits & Projects\2006\060344 LD\04 2022 CEI_deficient 060344
cc: Jack Glover via JackGloverl IC&jzmail.com
H and H Landscaping Ryan(?
hhlandscapes.com
City of Jacksonville via Pat Donovan -Brandenburg [e-mail]
WiRO Stormwater Permit File
worth Carolina Department of Environmental Quality 1 Division of Energy, Mineral and Land Resources
NORTH CAROLINA Wilmington Regional Office 1127 Cardinal Drive Extension I Wilmington, North Carolina 28405
e n—ft i a� ���ro�n U1 Wai\ r 910.796,7215