SW8931204_Compliance Evaluation Inspection_20120912

STATE OF NORTH CAROLINA
Department of Environmental and Natural Resources
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Wilmington, North Carolina 28405
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STATE OF NORTH CAROLINA
Department of Environment and Natural Resources
IMIRO Regional Office
FILE ACCESS RECORD
�i/
SECTION SWP DATE IME R
NAME � G -'9Z/®-S REPRESENTING��i�t
Guidelines for Access: rhe staff of the 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 before 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 for file review so you can be accommodated.
Appointments are scheduled between 9:00 a.m. and 3:00 p.m. Viewing time ends at 4:45
p.m. Anyone arriving without an appointment may view the files to the extent that time and
staff supervision are available.
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appropriate. The number of files that you may review at one appointment will be limited to
five.
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Wrightsville Engineering Services
March 6, 2001 File No.: 97013.1
Ms. Linda Lewis F
NC DENR, Division of Water Quality
127 Cardinal Drive Extension
Wilmington, NC 28405 O
Re: Notice of Violation
Ocean Harbour Estates Subdivision, Brunswick County
Stormwater Permit No. SW8 931204
Dear Ms. Lewis:
Our office has been contacted by W.M. Stanaland Estates, Inc. and Ocean
Harbour Estates, Inc. with respect to the Notice of Violation dated February 7,
2001 from Mr. Rick Shiver regarding the above referenced project. Due to
some of the site -specific legal issues, for which we have no direct involvement,
the Plan of Action requires a two-phase approach for which we are proposing the
initial phase action. Upon completion of this first phase, we would like to meet
with a DWO, staff representative to assist the client in remedial measures.
We propose that the first phase of the Plan of Action to include the following:
investigatory phase to determine the extent of the existing drainage system,
modifications made by others, and legal implications. As this phase will involve
several professional fields, we estimate that this phase will take between 60 to 90
days. Upon completion of this phase, we would like to reassess our options,
Moth legal and design oriented, and forward a deadline for phase two of the
project.
We realize this Plan of Action will require a fair amount of research on our part;
but, as the current system does not seem to have had any adverse impacts on
the surrounding areas, the time may be well spent. Should this be satisfactory to
your needs, please respond in writing to our office.
Sincerely.
WRIGHTSVILLE ENGINEERING SERVICES
eKKLEIN
ngineering & Assoc.)
r. , PE
Cc: W.M. Stanaland Estates, Inc.
3410 Wrightsville Avenue Wdmirrgton, Nato Caroling 28403 910, 799, 7967 Pau 910.763.0599

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North Carolina
Department of Environment and Natural Resources
Michael F. Easley, Governor
William G. Ross, Jr., Secretary
Division of Water Quality
Wilmington Regional office
February 7, 2001
CERTIFIED MAIL #7000 1670 0005 7383 7057
RETURN RECEIPT REQUESTED
Mr. Darius Stanaland
W.M. Stanaland Estate, Inc.
c/o Mark Nappier
Jeffcoat, Pike & Nappier, LLC
PO Box 3608
Myrtle Beach, SC 29578
Dear Mr. Stanaland:
4 •
NCDENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
Subject: NOTICE OF VIOLATION AND
INTENT TO ENFORCE
Ocean Harbour Estates Subdivision
Stormwater Permit No. SW8 931204
Brunswick County
On June 30, 2000, the Division of Water Quality at the Wilmington Regional Office issued you a Notice of
Violation regarding the infiltration system that had been dismantled and/or removed from Lot 11 at the project
known as Ocean Harbour Estates Subdivision, located off NC 179 at Ocean Harbour Drive in Brunswick County,
North Carolina.
The Certification of Compliance with Stormwater regulations, Number SW8 931204, was issued to Mr.
Darius Stanaland who signed the stormwater application as a representative of the W.M. Stanaland Estate, Inc., on
August 2, 1994. To date the Certification of Compliance has not been transferred. After reviewing the
correspondence, there does appear to be a factual dispute regarding the circumstances surrounding the removal of
the infiltration system. However, as the legal holder ofthe Certification of Compliance, W.M. Stanaland Estate, Inc.,
is the party responsible for maintaining compliance with the Certification, and must restore the infiltration system
and vegetated filter. The State's objective is to obtain compliance with the Certification.
The project is still in violation of the Certification of Compliance with Stormwater Regulations, Number
SW8 931204, issued pursuant to the requirements of 15A NCAC 2H.1000. This letter is to notify you that the
Wilmington Regional Office of the Division of Water Quality is considering sending a recommendation for
enforcement action to the Director of the Division of Water Quality, for the following violations:
Failing to submit a modification to the Certification at the time the infiltration system was removed
from service.
2. Failing to transfer the Certification of Compliance to Ocean Harbour Estates, Inc., which appeared
to be acting as the owner/developer of the project, or to the HOA after the common areas in the
subdivision were deeded to the HOA.
127 Cardinal Dr. Ext, Wilmington, North Carolina 28405 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/10% post -consumer paper

Mr. Stanaland
February 7, 2001
Stormwater Permit No. SW8 931204
---------------------------------------------
Failing to maintain the system in accordance with the plans and specifications approved by the
Wilmington Regional Office.
To correct these violations you must:
1. Provide a written "Plan of Action" on or before March 7, 2001, which outlines the actions you will
take to correct the violations and a reasonable time frame for completion of those actions.
2. Negotiate with the HOA to reinstall the required infiltration system and vegetated filter, or show that
the existing system can handle the runoff. This will require a modification to be submitted and
approved.
3. Once the new infiltration system is permitted, and the site is in compliance, you will need to have
an appropriate design professional certify the system and then submit the required documentation
to transfer the permit to the HOA.
Failure to provide the "Plan of Action" by March 7, 2001, 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 a
separate enforcement action which may include recommendations for the assessment of civil penalties, pursuant
to NCGS 143-215.6A.
If you have an explanation for these violations that you wish to present, please respond in writing
to me within ten (10) days following receipt of this Notice. Your explanation will be reviewed and if an enforcement
action is deemed appropriate, your explanation will be forwarded to the Director with the enforcement package for
his consideration.
By copy of this letter to the Brunswick County Building Inspector, this Office is requesting that the Building
Inspector consider withholding any future 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 Ms. Linda Lewis at [phone].
Sincerely,
Rick Shiver
Water Quality Regional Supervisor
RSS:\arl S:\WQS\STORMWAT\NOTICE\931204.FEB
cc: Mr. Robert Castles, P.E.
Calabash Building Inspections
Linda Lewis
Central Office
127 Cardinal Dr. Ext., Wilmington, North Carolina 28405 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 2 50% recycled/10% post -consumer paper

:tate of North Carolina
Department of Environment
and Natural Resources
Wilmington Regional Office
James B. Hunt, Jr., Governor
Bill Holman, Secretary
Division of Water Quality
November 27, 2000
Mr. Darius Stanaland
W.M Stanaland Estate, Inc.
c/o Ocean Harbour Estates, Inc.
625 Sea Mountain Highway
N. Myrtle Beach, SC 29582
m%wDENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
Subject: Infiltration System
Ocean Harbour Estates
Stormwater Project No. SW8 931204
Brunswick County
Dear Mr. Stanaland:
As you know, your corporation is the cun•ent Certification of Compliance holder for this project. Because
the facts seemed to be in dispute, the Division corresponded fairly extensively with both your corporation and Mr.
Cal Hunkele about the removal and or dismantling of the infiltration system that was located on Mr. Hunkele's
Property. After considering all the facts provided us, the Division believes that you did not have an easement on Mr.
Hunkele's property to install this infiltration system in the first place, and that when Mr. Hunkele needed it rendered
useless so as not to interfere with the proper fwictioning of his septic system, you were unable to stop him and did
so willingly.
We have no record that the Stormwater Certification was modified prior to taking this action, and
furthermore, we have no record that you took any action afterward to compensate for the removal of this section of
the infiltration system from use. Consequently, we believe that your corporation is the party responsible for taking
whatever action is necessary to bring this project back into compliance with the original certification. Your options
are to either restore the infiltration system to its original design, submit a new application if a new location for the
system is needed, or modify the original application to direct this runoff to the other infiltration system.
The current location of the septic system on Lot 11 may prevent the infiltration system, as previously
approved, from being reopened. The stornwater rules require a 100' distance from water supply wells only, so if
it will not negate your permit from the Health Department, the infiltration system could be reopened in its current
location. If you choose to either relocate the system entirely, or direct the runoff from that area down to the other
infiltration system, you must submit a new application, plans, calculations and fee. The latter option is contingent
on demonstrating that the existing system can handle the additional runoff volume and still maintain compliance
with the rules. The other infiltration system has been cited in the past for not having the required 50' vegetated filter.
This will need to be addressed prior to any modifications being permitted.
Given the fact that you say W.M. Stanaland Estate, Incorporated, is a defunct corporation, we have asked
the Attorney General's Office for their advice in this matter. It is their opinion that the State has the ability to hold
the officers of a defunct corporation responsible for obtaining compliance with the approved plans. If you have
evidence that you are not the responsible party, and believe that this letter is in error, please submit it to me at the
address shown on the letterhead.
127 Cardinal Dr. Ext., Wilmington, North Carolina 28405 Telephone [phone] FAX [phone]
An Equal opportunity Affirmative Action Employer a(I'l, recycied/10%, post -consumer paper

Mr. Stanaland
November 27, 2000
Stormwater Project 4 SW8 931204
Please respond to this letter in writing prior to December 27, 2000, and indicate how this situation will be
resolved,"and provide a time frame for bringing this site back into compliance. If you have any questions, please
do not hesitate to call me at [phone].
Sincerely,
Rick Shiver
Water Quality Regional Supervisor
RSS1ar1: S:IWQSISTORMWATILETTERS1931204.NOV
cc: � _ ;s
Cal Hunkele

October 11, 2000 OCT 1
State of NC Department of Environment and Natural Resources
Attention: Mr. Rick Shiver, Water Quality Regional Supervisor
127 Cardinal Drive Extension
Wilmington, North Carolina 28405 (�
Dear Mr. Shiver:
Thank you for the follow up with me last Friday concerning the current stormwater
permit violation at Ocean Harbour Estates. I am encouraged that you will proceed to
bring this to conclusion in the near term.
As we discussed, my letter dated February 14, 2000 to Ms. Linda Lewis outlined the
sequence of events which took place regarding the removal of pipe on my property which
included contacting one of the development company officers (Nester Stanaland) and her
sending Vaughn Stanaland to my lot for direction on what to do. In addition, another
pipe was discovered which ran from a buried storm drain down my lot and emptied into
the Intracoastal Waterway. Vaughn Stanaland explicitely authorized the removal of the
sections of both pipes and the storm drain which interfered with the installation of my
septic tank and lines. If he had not done so, we would not have proceeded with the
installation. Present during this discussion were my builder and his helper, the septic tank
installer and his helper, myself and my wife. If needed to resolve this matter, I will get
written statements from those present to substantiate approval was given before
proceeding to install the septic system. However I wish to avoid any attorney costs if
possible.
I also sent Ms. Lewis a copy of the survey I received at closing which does not show any
easements or drainage pipes recorded on my property or in any other documents I
received at closing when we purchased the lot. I even called Brunswick Surveying and
they could not explain why none of these items were disclosed.
I am sending you a letter I received from Nester Stanaland, an officer of the development
company, which acknowledged that Vaughn Stanaland did follow up as he promised and
hired someone to brick the outlet from the storm drain located in the cul-de-sac at the
street to prevent additional water flow onto my lot from the street.
As stated to you, both my wife and I would like to resolve this matter as it implicates us
for the problems caused by Vaughn Stanaland's approval to remove part of the
stormwater system. We believed that by contacting the Stanaland's immediately and
having Vaughn come to our lot before any further installation of our septic system. was
the appropriate procedure to follow. We find it incredulous that Vaughn Stanaland denies
any such approval. I wrote several follow up letters to Vaughn regarding problems with
drainage in the cul-de-sac as a result of his closing this drain. Water now accumulates in

the cul-de-sac and overflows to another lot adjacent to mine and is causing a washout of
the curbing and significant erosion on that lot. I finally received a written response from
Vaughn on November 18, 1998 which expressed his intent to resolve this problem.
Nothing has happened on his part since that letter. I have also enclosed that letter for
your review.
I would appreciate you keeping me updated as you proceed on this matter.
Sincerely,
Cal Hunkele
910-575-7508

State of North Carolina
Department of Environment
and Natural Resources
Wilmington Regional Office
James B. Hunt, Jr., Governor
Bill Holman, Secretary
Division of Water Quality
October 10, 2000
Mr. Cal Hunkele
1338 Harbour Watch, SW
Calabash, NC 28467
r
NCDENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
Subject: Lot 11
Ocean Harbour Estates
Stormwater Project No. 931204
Brunswick County
Dear Mr. Hunkele:
Enclosed please find the Division's response to Mr. Darius Stanaland concerning the current situation at
Ocean Harbour Estates. In a separate issue, staff noted that the built -upon area (BUA) on your lot appears to be
very close to or perhaps even exceeding the limit of 5,305 ftZ that was approved. This is based on scaling the as -
built survey of your lot that you submitted. The deed restrictions were recorded on March 16, 1994, by B. Darius
Stanaland, President, Ocean Harbour Estates, Inc.
You will need to verify that the built -upon area on your lot is less than or equal to 5,305 ft. Built -upon
area includes all structures, asphalt, concrete, stone, slate, gravel, coquina, parking areas, walkways, covered
decks, porches, patios, etc. It does not include the water surface of a swimming pool or raised, uncovered decks.
If it is over the permitted amount, please make arrangements to borrow some of the BUA from a neighbor, or
neighbors, that has enough to share with you and can accomodate your overage. A permit modification is
required for this activity. If the BUA is less than the permitted amount, please send in a copy of the tabulation of
the BUA, with every area dimensioned and identified. A permit modification will not be required if the BUA on
the lot is less than the permitted amount.
Please keep in mind that the permit modification, if necessary, will need to be timed to coincide with the
transfer of ownership and maintenance to the HOA after the system is restored.
Please submit the requested information prior to November 10, 2000. If you have any questions, please
do not hesitate to call me at [phone].
Sincerely,
Pick Shiver
Water Quality Regional Supervisor
RSS\arl: S:\WQS\STORMWAT\LETTERS\931204-2.00T
cc: Linda Lewis
127 Cardinal Dr. Ext., Wilmington, North Carolina 28405 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/10% post -consumer paper

OCT 0 5 ?000
September 28, 2000
Ms. Linda Lewis
NCDENR
127 Cardinal Drive Extension
Wilmington, NC 28405
Subject: Notice of Violation Address to Mr. Darius Stanaland
Ocean Harbour Estates
Stormwater Permit Number SW8 931204
Brunswick County
Dear Ms. Lewis,
I hope this letter finds you well
My uncle, Darius Stanaland, received the notice mentioned above from Mr. Rick Shiver. Seeing as
my name was referenced in the notice, he passed it along to me asking if I might review the matter.
However, please understand that even though I am trying to provide you with information regarding
what I know about this situation, I am not acting on behalf of Ocean Harbour Estates, Inc., nor have
I acted in such a capacity.
After reviewing the letter, I called your office and left a voice mail with you regarding a meeting (at
Ocean Harbour Estates or your office). I appreciate your response to my message and wish to
acknowledge your request that, prior to a meeting, I provide you a "sequence of events."
With regard to the violation mentioned in the notice, I was not aware that the infiltration system at
the end of Harbour Watch had been removed by the owner of Lot 11 and I did not grant permission
to remove the system. I was informed that a small section of the infiltration line, located on Lot 11,
was damaged during construction of the home thereon, based on a call from the owner. I was
further informed that the damage occurred as a result of relocating the residential septic system
field lines, from the approved location near the residence, to near the Lot 11/12 property line,
where the infiltration line, to my knowledge, still exists.
When I subsequently visited the lot I was informed by the owner that his septic field had to be
moved to the new location. I was further informed that the infiltration line was to blame for a high
water table that existed on his lot and that it was causing him great problems, for which he was
holding Ocean Harbour Estates responsible. I repeated (because he was informed of the line and
it's location before he purchased the lot) that the line was part of the engineered and approved
stormwater drainage system. He insisted that it be removed and I told him that I did not have the
authority to grant such a request. Fearing for further damage of the system due to raw sewage
entering it, I thought it best to contain the sewage to Lot 11 so as to preserve the integrity of the
remainder of the system. I accomplished this by blocking the point where the sewage would have
entered into the catch basin.
At a later time an application was made to your office to revise the system so that it would be
consistent with it's original state. The application was subsequently withdrawn because it was
realized the property was no longer owned by Ocean Harbour Estates, Inc. but was instead owned
by the Association. Regardless, I do not believe any allegation of wrongdoing is correctly directed,
if it is towards Ocean Harbour Estates, Inc., or me.
Removing the blocking mentioned above would "restore" the system in as much as the ability of
stormwater to flow into the system is concerned. However, if the line is still damaged the possibility
of sewage seeping into the storm water system still exits. Alternatively, relocating/replacing the line
CAMy Documcntsl0cean Harbour Estates\L Lewis re OHE 01 .doc

closer to the lot 11/12 line and the removing the blocking would yield the same, or greater, linear
footage of line than was previously approved.
I would like to note that the soils at Ocean Harbour Estates are basically comprised of sand. The
drainage, even thrnugh four hurricanes and one 100 year storm event over the past several years,
appears to be excellent. I cannot speak the appropriate engineering terminology but I was
informed that the percolation rates could not be accurately calculated because, during testing, the
water drained faster than it could be timed. I have observed the land and drainage at very
inclement times (during various seasons of the year) before, during, and after this unfortunate
situation occurred. I have never noted the height of the water in the catch basin next to lot 11
either to overflow or to be at road level. I am led to conclude that, assuming the remainder of the
system is properly maintained, it is adequate to handle anything mother nature can throw it's way.
Those observations are consistent with the entire drainage system within Ocean Harbour.
realize that none of this actually replaces the damage to the system caused by the owner of Lot
11 nor does it override the necessity of an appropriately engineered and approved system. I offer
the observations, though, with the hope that perhaps an alternative could be explored. I am told
that monitoring devices exist that could accurately determine, over time, the level of ground water.
Could such a device be adapted to monitor the catch basin (or line) water level? If so, could a
company chosen by you, conduct a monitoring that might eliminate the perceived necessity of the
damaged line?
Recently, we experienced Helene, a tropical depression that shortly followed some severe rains in
the area. While Helene did not inundate this area to near the degree we have seen with other
storms, the fact that it closely followed 4 inches of rain served to flood several areas surrounding
Ocean Harbour Estates. The afternoon of this storm (9/23/00) 1 took several photographs of Ocean
Harbour Estates and the surrounding neighborhoods. I will provide them to you, at your request.
Again, please understand that none of my statements are to be taken as the position of Ocean
Harbour Estates, Incorporated and I am extremely sorry that their good name and reputation has
been called into question. Ocean Harbour Estates, Inc., nor I had anything to gain by what has
happened.
Sincerely,
Vaughn Stanaland
c: Mr. Mark Nappier, Jeffcoat, Pike, & Nappier, PA
C:IMy Documents\0cean Harbour Esiaies\L Lewis re GHE 01 .doc

[RF C i"9,i�pE, �a IS ALLEN JEFFCOAT, III*
JEFFCOAT, PIKE W NAPPIER, LLCEP 18 2000 J MMES C. PIKE, JRJ
ARK A. NAPPER*
ATTORNEYS AT LAW ELDON D. RISHER, III
PATRICK J. REILLY
MELISSA JOHNSON EMERY
•....„.,.�,,,_...,,.,_„�,_... JOEL TALMADGE GIBSON, III**
KENNETH R. MOSS
NORTH MYRTLE BEACH, SOUTH CAROLINA OFFICE:
110 YE OLDE KINGS HIGHWAY
POST OFFICE BOX 4360
NORTH MYRTLE BEACH, SOUTH CAROLINA-29597
TELEPHONE [phone]
FACSIMILE [phone]
E-MAIL [e-mail]
REPLY TO: Myrtle Beach Office
MYRTLE BEACH, SOUTH CAROLINA OFFICE:
1601 NORTH OAK STREET, SUITE 303
POST OFFICE BOX 3678
MYRTLE BEACH, SOUTH CAROLINA 29578
TELEPHONE [phone]
FACSIMILE [phone]
E-MAI L jpnlawl fsccoast.net
September 15, 2000
State of NC Department of Environment and Natural Resources
ATTN: Ms. Linda Lewis
127 Cardinal Drive Ext.
Wilmington, North Carolina 28405
Re: Ocean Harbour Estates
Storm Water Permit Number SW8 931204
Brunswick County
Our File No. 2513-002
Dear Ms. Lewis:
CALABASH, NORTH CAROLINA OFFICE:
OLD GEORGETOWN CENTER
9222-3 BEACH DRIVE, SW
POST OFFICE BOX 44000
CALABASH, NORTH CAROLINA 28467
TELEPHONE[phone]
FACSIMILE [phone]
E-MAI L jpnlaw3@noo0asLnet
*ADMITTED IN SC & NC
**ADMITTED IN NC
tOF COUNSEL
This letter is in response to your correspondence of August 21, 2000 to Mr. Darius
Stanaland. Mr. Shriver of your office had previously sent my client a Notice of Violation to which
I responded with a July 20, 2000 letter. In your latest letter, you referenced that you would like to
arrange a meeting during the week of September 18' between Darius Stanaland and Mr. Hunkele:
However, Mr. Stanaland is ill and is in no condition to attend such a meeting. Furthermore, the
members fo the Board of Directors for Ocean Harbor Estates, Inc. and their Shareholders do not have
any information other than what I previously provided to your office.
It is my understanding that Vaughn Stanaland, who is not an officer or shareholder
with Ocean Harbor Estates, Inc., has some information regarding this matter which he will be happy
to provide for your review. By copy of this letter, I will notify Mr. Stanaland to contact you directly
so that he can answer any questions you may have. As I explained in my last letter, Ocean Harbor
Estates, Inc. has no ownership interest in the land that is in question in this matter, and therefore it
obviously has no authority to be involved with a "plan of action" to make any repairs to the
infiltration system.

State of NC Department of Environment and Natural Resources
ATTN: Ms. Linda Lewis
September 15, 2000
Page 2
Hopefully, Vaughn Stanaland will be able to give you the information that you desire.
Should you have any further questions of Ocean Harbor Estates, Inc., please direct them to me at my
Myrtle Beach office. With kind regards, I am
Sincerelv vours.
MAN/mas
cc: Ocean Harbour Estates, Inc.
Mr. Vaughn Stanaland

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P. 1
COMMUNICATION RESULT REPORT ( SEP.14.2000 3:53PM )
TTI NCDENR WIRO
FILE MODE OPTION ADDRESS (GROUP) RESULT PAGE
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REASON FOR ERROR
E-1) HANG UP OR LINE FAIL E-2) BUSY
E-3) NO ANSWER E-4) NO FACSIMILE CONNECTION
State of North Carolina
nDepartment of Envirollrnent
Natural Resources
Wilmington Regional Office
bmmARmC(-C
~� r
•lamesB.E [Unt, Jr., Governor �-�.r� T ft4"
Bill $olman, Secretary
division of Water y
N
EiYv!" GRb6inu4 DENT PorO"FM AND NATURAL ftaoLpGE5
June 30, 20p0 -
CER�.b MAC, #7
R'ET 'W UCUIPT RES>
' Darius StarWemd
Ocean Harbour Estates, Inc.
625 Sea, Mountain aghway
N. Myrtle Beach, SC 29582
Subject: N071a
Ocean t liarbour �ttees�G
rester Permit No. SWS 931204
.lea' Mr, Stang, md: Brunswick County
011
Project know a 26, earlp, ubo gton Regional C ce
ro ect as Ocean Harbour Estates, located MGe Personnel
Counts North Carolina P ornxed a Compvance Inspection of the
Cerdfication of Carn ThM
ection wa,,Perfo�ned to d 179 and Ocean Fiarbo .gves pliar�ce93120q., issued to You on August2 mnift the
9� tus of com
�liance with Stormter

Stite of North Carolina
Department of Environment
and Natural Resources
Wilmington Regional Office
James B. Hunt, Jr., Governor
Bill Holman, Secretary
Division of Water Quality
June 30, 2000
CERTIFIED MAIL #1090 OE"Q23 4230 t:797
RETURN RECEIPT REQUESTED
Mr. Darius Stanaland
Ocean Harbour Estates, Inc.
625 Sea Mountain Highway
N. Myrtle Beach, SC 29582
Dear Mr. Stanaland:
NCDENK
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
Subject: NOTICE OF VIOLATION
Ocean Harbour Estates
Stormwater Permit No. SW8 931204
Brunswick County
On June 26, 2000, Wilmington Regional Office personnel performed a Compliance Inspection of the
project known as Ocean Harbour Estates, located off NC Hwy 179 and Ocean Harbour Drive in Brunswick
County, North Carolina. The inspection was performed to determine the status of compliance with Stormwater
Certification of Compliance SW8 931204, issued to you on August 2, 1994.
The project has been found in violation of Stormwater Permit Number SW8 931204, issued pursuant to
the reauirer3Pra s of 15A NCAC 2FJ.1000: The violations found acre:
The infiltration system at the end of Harbour Watch has been removed by the owner of Lot 11,
allegedly with the.knowledge and permission of Vaughn Stanaland.
To correct this violation you must :
2.
M;i [Sfi°i. wi;;�i` ✓J11iiSi ,;utl rw-s the a.LLlo i5 yo--will take to butre^t the
violations and a dine frame for completion of those actions, on or before July 30, 2000.
Restore the infiltration system as approved.
POst-It® Fax Note
Date qf _ I(�
pagg/ess�.
�j� j7671
T fJ1, tLli
n�A '�C
From Lwc), r LeW 6
CoMept.
Co.
Phone #
Phone #
Fax #q (D 5-75 15091
Fax #
127 Cardinal Dr. Ext., Wilmington, North Carolina 28405 Telephone [phone] FAX [phone]
An Equal opportunity Affirmative action Employer 50% recycled/10% post -consumer paper

Mr. Stanaland
June 30, 2000
Stormwater Permit No. SW8 931204
Failure to provide the "Plan of Action" by July 30, 2000, 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 BrLmseick Ccunty Building Inspector, this Office is requesting that the
Building Inspector consider withholding building permits and Certificates of Occupy Icy for this project until
this matter is satisfactorily resolved.
If you have any questions concerning this matter, please call Ms. Lind-, �; cri, dt [phone].
Sincerely,
Rick Shiver
Water Quality Regional Supervisor
RSSAar1 S:1WQSISTORMWATINOTICE1931204.JUN
cc: Robert Castles, P.E.
County Building Inspi-etio s
Bradley Bennett
Lindn L evils
Central Office
127 Cardinal Dr. Ext., Wilmington, North Carolina 28405 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/10% post -consumer paper

State of North Carolina
Department of Environment
and Natural Resources
Wilmington Regional Office
James B. Hunt, Jr., Governor
Bill Holman, Secretary
Division of Water Quality
August 24, 2000
Mr. Darius Stanaland
Ocean Harbour Estates, Inc.
625 Sea Mountain Highway
N. Myrtle Beach, SC 29582
Subject:
Dear Mr. Stanaland:
Air •Ww%
F4CDENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
Ocean Harbour Estates
Stormwater Project No. SW8 931204
Brunswick County
The Division of Water Quality received your response to the Notice of Violation regarding the missing
infiltration system in the subject subdivision. There is a lot of conflicting information regarding the sequence of
events that have led up to this moment. I would like to schedule a meeting with you and Mr. Hunkele at your
convenience to see if this matter can be resolved.
I would like to meet here at the Regional Office sometime during the week of September 18. The goal of
the meeting will be to discuss the circumstances under which the infiltration system was removed, and to figure
out who should be responsible for replacing it per the approved design plans. Other issues that the homeowners
:G
5 may have that are out of the Division's jurisdiction and not related to the stormwater management water quality
system may not be discussed.
Please call me at [phone] to schedule a meeting. If you have any questions, please do not hesitate
to call me.
Sincerely,
Linda Lewis
Environmental Engineer
RSS1arl: P:\HUNKELE.AUG
cc: Linda Lewis
Cal Hunkele
Jeanette Powell
Central Files
127 Cardinal Dr. Ext., Wilmington, North Carolina 28405 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/10% post -consumer paper

JEFFCOAT, PIKE IiQ NAPPIER,
ATTORNEYS AT LAW
NORTH MYRTLE BEACH, SOUTH CAROLINA OFFICE:
110 YE OLDE KINGS HIGHWAY
POST OFFICE BOX 4360
NORTH MYRTLE BEACH, SOUTH CAROLINA 29597
TELEPHONE [phone]
FACSIMILE [phone]
E-MAIL [e-mail]
REPLY TO: Myrtle Beach Office
LLC JUL 2 4 ZOU0
LBY--=-
j
MYRTLE BEACH, SOUTH CAROLINA OFFICE:
1601 NORTH OAK STREET, SUITE 303
POST OFFICE BOX 3678
MYRTLE BEACH, SOUTH CAROLINA 29578
TELEPHONE [phone]
FACSIMILE [phone]
[e-mail]
July 20, 2000
State of NC Department of Environment and Natural Resources
ATTN: Rick Shiver
127 Cardinal Drive Ext.
Wilmington, North Carolina 28405
Re: Ocean Harbour Estates
Storm Water Permit Number SW8 931204
Brunswick County
Our File No. 6067-001
Dear Mr. Shiver:
OTIS ALLEN JEFFCOAT, III*
JAMES C. PIKE, JR.1
MARK A. NAPPIER*
ELDON D. RISHER, III
PATRICK J. REILLY
MELISSA JOHNSON EMERY
JOEL TALMADGE GIBSON, III —
CALABASH, NORTH CAROLINA OFFICE:
OLD GEORGETOWN CENTER
9222-3 BEACH DRIVE, SW
POST OFFICE BOX 44000
CALABASH, NORTH CAROLINA 28467
TELEPHONE [phone]
FACSIMILE [phone]
E-MAIL jpnlaw3fnccoast.net
'ADMITTED IN SC & NC
—ADMITTED IN NC
TOF COUNSEL
This firm represents Ocean Harbour Estates, Inc. and I have been asked to respond
to your letter of June 30, 2000 addressed to Darius Stanaland. In that letter you referenced that
an infiltration system at the end of Harbour Watch had been removed by the owner of Lot 11,
with the knowledge and permission of Vaughn Stanaland. While it is our understanding that the
owner of Lot 11 did remove a portion of the system, it was not done with the permission of
Vaughn Stanaland or with the permission of Ocean Harbour Estates, Inc.
Unfortunately, my client has no authority to take any action with regards to this
property. As you noted in your letter, the land upon which the damage was done, is privately
owned property. Furthermore, the streets and other common areas are owned by the Ocean
Harbour Homeowners Association. In fact, Ocean Harbour Estates, Inc. does not own any land
in this area and therefore does not have any authority to provide the "plan of action" you asked
for and it does not have the authority to restore the infiltration system.
My client is more than willing to help in any manner possible, and I urge you to
contact me if you would like to discuss this matter further or if there is anything that we could do
to help to resolve this matter. With kind regards, I am
MAN/mas
cc: Mr. Darius Stanaland

JEFFCOAT, PIKE 1W NAPPIER,
ATTORNEYS AT LAW
NORTH MYRTLE BEACH, SOUTH CAROLINA OFFICE:
110 YE OLDE KINGS HIGHWAY
POST OFFICE BOX 4360
NORTH MYRTLE BEACH, SOUTH CAROLINA 29597
TELEPHONE [phone]
FACSIMILE [phone]
E-MAIL [e-mail]
REPLY TO: Myrtle Beach Office
1 ry a.
BY:
MYRTLE BEACH, SOUTH CAROLINA OFFICE:
1 601 NORTH OAK STREET, SUITE 303
POST OFFICE BOX 3678
MYRTLE BEACH, SOUTH CAROLINA 29578
TELEPHONE [phone]
FACSIMILE [phone]
[e-mail]
July 20, 2000
State of NC Department of Environment and Natural Resources
ATTN: Rick Shiver
127 Cardinal Drive Ext.
Wilmington, North Carolina 28405
Re: Ocean Harbour Estates
Storm Water Permit Number S W8 931204
Brunswick County
Our File No. 6067-001
Dear Mr. Shiver:
OTIS ALLEN JEFFCOAT, III*
JAMES C. PIKE, JR.'
MARK A. NAPPI ER`
ELDON D. RISHER, III
PATRICK J. REILLY
MELISSA JOHNSON EMERY
JOEL TALMADGE GIBSON, III —
CALABASH, NORTH CAROLINA OFFICE:
OLD GEORGETOWN CENTER
9222-3 BEACH DRIVE, SW
POST OFFICE BOX 44000
CALABASH, NORTH CAROLINA 28467
TELEPHONE [phone]
FACSIMILE [phone]
E-MAIL [e-mail]
*ADMITTED IN SC & NC
—ADMITTED IN NC
`OF COUNSEL
This firm represents Ocean Harbour Estates, Inc. and I have been asked to respond
to your letter of June 30, 2000 addressed to Darius Stanaland. In that letter you referenced that
an infiltration system at the end of Harbour Watch had been removed by the owner of Lot 11,
with the knowledge and permission of Vaughn Stanaland. While it is our understanding that the
owner of Lot 11 did remove a portion of the system, it was not done with the permission of
Vaughn Stanaland or with the permission of Ocean Harbour Estates, Inc.
Unfortunately, my client has no authority to take any action with regards to this
property. As you noted,in your letter, the land..upon which the damage was done, is privately
owned property. Furthermore, the streets and other common areas are owned by the Ocean
Harbour Homeowners Association. In fact, Ocean Harbour Estates, Inc. does not own any land
in this area and therefore does not have any authority to provide the "plan of action" you asked
for and it does not have the authority to restore the infiltration system.
My client is more than willing to help in any manner possible, and I urge you to
contact me if you would like to discuss this matter further or if there is anything that we could do
to help to resolve this matter. With kind regards, I am
MAN/mas
cc: Mr. Darius Stanaland

SW8 931204
Sequence of Events
December 7, 1993
December 8, 1993
OCEAN HARBOUR ESTATES BRUNSWICK COUNTY
W.M. Stanland Estate, Inc., Darius Stanaland, President, submits a Sedimentation
Erosion Control Plan.
DEM requests a stormwater submittal via certified mail.
December 15, 1993 SW application received. Application is for a low density subdivision, with curb and
gutter, but the piped collection system kicks it into high density. An underground
infiltration system is proposed, mostly located within the right-of-way of the streets,
except for the system at the end of Harbour Watch, which requires a 20' easement across
Lot 11.
August 2, 1994 The project receives a Certification of Compliance for 38 lots @5,305 ft2 per lot of built -
upon area and an underground infiltration system.
August 9, 1994 The recorded deed restrictions are submitted, which include a 5,300 ft2 per lot BUA.
January 18, 1996 DEM inspects the project. The infiltration system overflow is piped directly to SA
waters -the required 50' vegetated filter has not been constructed. A wooden walkway is
being built in the place where the swale from the overflow was supposed to be. The
Engineer's Certification has not been received.
January 19, 1996 A Notice of Violation is issued for the above problems.
January 25, 1996 The engineer for the project, Mr. Robert L. Castles, Jr., P.E., responds to the NOV. Five
items are listed
1. Remove the rip rap, seal and bury the end of the existing overflow pipe.
2. Go 50' up from the pipe and construct an overflow structure to allow excess runoff
to overflow across a vegetated area.
3. The swale between the overflow and the MHW line will be permanently
vegetated, and located adjacent the new wooden walk.
4. The plan will be acted upon by February 15, 1996.
5. The Engineer's Certification is provided.
A followup inspection soon after (can't remember the date) showed that the proposed repair work had not been
done.

Dean Hunkele (Cal Hunkele's son) asked me to look into the situation at Ocean Harbour due to some problems
the HOA is having with the developers. Mr. Cal Hunkele, bought Lot 11, which contained the infiltration
system. A copy of the recorded plat, dated October 11, 1996, clearly shows that the 20' easement shown on the
approved plan for the infiltration system, was not recorded. In the fall of 1996, Mr. Hunkele needed to relocate
his septic system, and started digging. He hit the infiltration pipe, and called Mr. Vaughn Stanaland, who comes
to the site. Mr. Hunkele alleges that Mr. Stanaland verbally told him to pull up the infiltration pipe, which Mr.
Hunkele did. Mr. Hunkele also alleges that Mr. Stanaland told him he was going to relocate the infiltration
system, but that has not happened to date. Mr. Hunkele now alleges that the runoff is bubbling out of the catch
basin and sheet flowing going across his property.
July 1, 1999 Scott Stewart, Vaughn Stanaland and (Ms.)Nester Stanaland Humphries (as Ocean Harbour
Estates, Inc.) bought the remaining lots in Ocean Harbour and want to sell them. They apparently
were going to replace the infiltration system, so they submit a modification to the stormwater
application.
August 23, 1999 The project is reviewed and a letter is sent to Nester Stanaland. Six items are needed to
continue the review.
November 13, 1999 A letter from Ms. Nester Stanaland is received requesting us to withdraw the application.
Most issues are legal ones between the HOA and the developer. Since no request to transfer the ownership of
the project to the HOA was received, the DWQ can only require that the developer address the Notice of
Violation and construct the system as permitted, or that a modification be approved prior to making any
changes. According to the restrictions, each person who buys a lot is a member of the HOA. Mr. Stanaland may
or may not have followed the proper procedures for transferring the common areas, but that is again a legal
matter not under the jurisdiction of the DWQ. The HOA will need to deal with developer in court. Per Article
V, Section 8, the Association, (HOA) must accept the conveyance of the common areas, and shall, at the request
of the Declarant, perform all work as outlined in Section 5 prior to conveyance. Section 5 talks about the
maintenance of the commons areas, and expenses associated with that maintenance.
A separate issue involves an allegation that Mr. Hunkele has exceeded the 5,300 ftz BUA limit on his lot.
According to the survey, the house itself does not appear to be over, but, the driveway area is pushing the
total well over 5,300 W. Mr. Hunkele is at the mercy of his neighbors or the developer to get more BUA to
cover his overage.
An asphalt golf cart is also located within the required vegetated swale for the overflow from the removed
infiltration system. Either the cart path has to be relocated, or it must be included in the total BUA. This item is
located within the vegetated filter for the infiltration system which was allegedly removed. If it had been shown
on the approved plans, we would have required that it be accounted for in the BUA.

March 13, 2000
Noelle visited the site on Friday, March 10, 2000. The overflow pipe from the catch basin is not seen.
Unable to confirm that the Dine has been removed.
The infiltration system at the end of the cul-de-sac has not been replaced. Runoff is allowed to back up
in the remaining pipe section and overflow into the street and lots. The original design called for the
overflow to go through a vegetated filter on Mr. Hunkele's lot. Apparently this overflow was piped from
the removed catch basin because the golf cart path is located in the area of the filter. The overflow was
piped before Mr. Hunkele got the lot, because he dug into it while installing his septic system.
Mr. Hunkele may be over his built -upon area limit, but he says the Architectural Review Committee
approved his house. Regardless, Mr. Hunkele is responsible for complying with the BUA limit. It's
possible changes were made after the ARC approved it, or the ARC reviewed only the house and not the
driveways.
The issues between the homeowners and the developer are just that- between them. The DWQ can only require
that the system as permitted be installed. How this happens, ie., who pays for it, who sues whom to get it done,
etc., is not our problem. The bottom line is, the approved system hasn't been installed. What we can deal with,
however, is the homeowner who is over the allowable BUA per lot. If it can be firmly established that the
developer told Mr. Hunkele to remove the infiltration system with the understanding that the developer would
reconstruct it, and Mr. Hunkele is over his allotment of BUA, there is some ground for compromise. The
developer is not required to accommodate Mr. Hunkele to fix the overage problem, however, the developer may
be willing to construct the system he allowed to be torn out, and accommodate Mr. Hunkele to avoid a lawsuit.

FEB 16 2000
February 14, 2000
NC Division of Water Quality
Attn: Ms Linda Lewis
127 Cardinal Drive Extension
Wilmington, NC 28405
Dear Ms Lewis:
Thank you for your time in discussing certain matters pertaining to the Ocean Harbour
Estates subdivision stormwater system originally installed by the developers. I am the
current President and one of three directors of Ocean Harbour Estates Association, Inc.,
the homeowners association. This Board, prior to February 1999, was controlled since
inception by either family members, officers or associates of the developing company.
The current Board has no ties whatsoever to the original developers.
My primary concern has been whether the current stormwater system is in compliance
with the original permit issued by your department, and if not, whether the Association is
liable for any fines or actions sanctioned by the state. You informed me that the
developers would have had to transfer the permit to the Association which has not been
done since you are a part of this process and you would have been notified. My
understanding from our conversation is that a revision to the stormwater system was
submitted sometime last year to your department by the Stanaland Stewart Company but
was not approved. Both Scott Stewart and Vaughn Stanaland told me this was being
done to solve a storm drain problem in a cul-de-sac where rainwater was overflowing
onto two lots. They said they would send a copy of the revision to the Board but none
was received. I do not know what role this company has with the original developers but
I am aware that they own several lots within the subdivision. Vaughn Stanaland was
involved in discussions pertaining to my own lot which I will address later in this memo.
It appears that Vaughn Stanaland and at times the Stanaland Stewart Company have
acted on matters within the subdivision on behalf of either formal or informal direction
from the Stanaland family. Several members of the Stanaland family were officers of
Ocean Harbour Estates, Inc., the company which developed the subdivision and sold
indvidual lots.
To summarize, I would like to be sure that the Association does not assume any liability
in regard to whether the current stormwater system is in compliance with the original
permit issued by your department. You stated that you or someone from your department
would most likely need to come out and inspect the current system. Following such an
inspection, it would appear appropriate that the Association be informed of these findings
and what furthur actions, if any, are requested by your department.

As it pertains to my lot situation, I have enclosed my lot survey which I received at
closing when I purchased my lot. As you will note, there is a golf cartpath easement
shown and recorded at the courthouse in Bolivia, but no other easement is identified on
my property. When my house was nearing completion, we could not get Brunswick
County to allow my septic tank placement where it was originally permitted because of
high ground water. They requested that I move my tank and lines f irthur back from the
house closer to the front of my lot. The day the septic tank installer was digging to bury
my tank and lines, he hit part of a catch basin and drainage pipe running across my
property. One pipe was perforated, about 4 feet in diameter with a sock and ran from a
storm drain in the cul-de-sac to the storm drain buried on my lot. A second pipe, made of
pvc and about 4 inches in diameter, ran from the storm drain on my property down the
length of my property, under my house, and into the Intracoastal Waterway and marsh. I
stopped them from digging furthur and called Nester Stanaland, a Board member of the
Association and an officer of the developing company. She sent her son Vaughn
Stanaland, also a Board member, out to inspect my situation. He instructed us to fill in
the catch basin and remove whatever pipe was necessary to install my septic tank and
lines. Present during this discussion was my builder and two contractors who were
installing my septic system. I stated to Vaughn that I would still get water from the
remaining perforated pipe left in the ground and he said he would have the outlet in the
storm drain in the cul-de-sac bricked close. He hired someone to do this and it was
bricked closed a few days later. During the discussion at my lot, Vaughn Stanaland
stated that the developers werc supposed to get an easement on my property for these
drainage lines but had failed to do so. I searched for any such easement per my closing
documents but could find none recorded at the courthouse in Bolivia. I even called
Brunswick Surveying, Inc and questioned them why this was not on my survey or
disclosed in closing procedures when I purchased the lot. They had no explanation. All
of this took place back in 1998 and although I have called and written Vaughn Stanaland
several times, his promises of correcting the current flooding from the cul-de-sac have
not materialized. I would appreciate any insight or feedback from you on this item.
I would appreciate furthur updates from you on both of these matters when appropriate.
Sincerely,
C,
A'Xj�
Cal Hunkele
1338 Harbour Watch, SW
Calabash, NC 28467
910-575-7508

Is your RETURN ADDRESS completed on the reverse side?

State of North Carolina
Department of Enviroment, Health, and Natural RPcn„reec
Wilmington Regional Office
James B. Hunt, Jr. DIVISION OF ENVIRONMENTAL MANAGEMENT Jonathan B. Howes
Governor WATER QUALITY SECTION Secretary
January 19, 1996
CERTIFIED MAIL Z 405 591 350
RETURN RECEIPT REQUESTED
Mr. Darius Stanaland
W. M. Stanaland Estate, Inc.
1157 River Road
Calabash, North Carolina 28467
Subject: NOTICE OF VIOLATION
Ocean Harbour Estates
Stormwater Project No. 931204
Brunswick County
Dear Mr. Stanaland:
On January 18, 1996, Wilmington Regional Office personnel performed a Compliance Inspection
of the project known as Ocean Harbour Estates, located near Calabash in Brunswick County, North
Carolina. The inspection was performed to determine the status of compliance with Stormwater
Certification Number 931204, issued to you on August 2, 1994.
The project has been found in violation of Stormwater Management Permit Number 931204, issued
pursuant to the requirements of 15A NCAC 2H.1000. The violations found are:
1. The infiltration system outlet has been piped directly to SA waters. This is not allowed. The
regulations require a minimum of 50' of vegetated filter prior to discharge from an
infiltration system. Additionally, the approved plans show only a short run of piping released
into a vegetated channel. It appears that a wooden walkway is under construction in the
space where the swale is supposed to be.
2. The plans have been altered without approval from this Office.
3. The Engineer's Certification has not been received.
127 Cardinal Drive Extension, Wilmington, N.C. 28405-3845 • Telephone [phone] • Fax [phone]
An Equal Opportunity Affirmative Action Employer

Mr. Stanaland
January 19, 1996
Stormwater Management Permit No. 931204
-----------------------------------------------
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 February 18, 1996.
2. Provide the vegetated channel per the approved plans. Piped discharges to SA waters are
not allowed per the regulations.
3. Provide the Engineer's Certification for the infiltration system.
Failure to provide the "Plan of Action" by February 18, 1996, 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 either Ms. Linda Lewis or Mr. Dave
Adkins at [phone].
Sincerely,
C_ V
Rick Shiver, P.G.
Regional Supervisor
RSSAarl S:\WQS\STORMWAT\NOTICE\931204.JAN
cc: Robert Castles, P.E.
Delaney Aycock, Brunswick County Building Inspections
Bradley Bennett
Linda Lewis
Central Office