SW8070912_COMPLIANCE_20190717

STORMWATER DIVISION CODING SHEET
POST -CONSTRUCTION PERMITS
PERMIT NO.
SW8 07 0 q 12
DOC TYPE
❑ CURRENT PERMIT
❑ APPROVED PLANS
❑ HISTORICAL FILE
COMPLIANCE EVALUATION INSPECTION
DOC DATE
20(q O% 17
YYYYMMDD

ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
S. DANIEL SMITH
Director
July 17, 2019
Reserve Development Company, LLC
Tri-Brunswick, LLC (dissolved)
St James Plantation, LLC
St James Development Co., LLC
Attn: John A. Atkinson, Manager
PO Box 10879
Southport, NC 28461
NORTH CAROLINA
EnYumunenfal Quality
First St James, Inc. (former legal Homer E. Wright Jr., Inc.)
Brunswick Harbor, Inc.
Attn: Kenan C. Wright, President
PO Box 610
Eden, NC 27289
Subject: Notice of File Review Inspection (not compliant)
And Permit Transfer Process
St James Plantation - Various State Stormwater Permits (see attached list)
Brunswick County
Dear Messrs. Atkinson and Wright
Effective August 1, 2013, the State Stormwater program was transferred from the Division of Water
Quality (DWQ) to the Division of Energy, Mineral and Land Resources (DEMLR). All previous
references to DWQ will remain in older stormwater permits issued prior to August 1, 2013 until
they are modified. Please note that this letter references DEMLR as the Division responsible for
issuance of the state stormwater permits for SG James Plantation.
The Wilmington Regional Office of DEMLR has recently fielded several calls regarding flooding and
the state of compliance with the permitted low density swale conveyance system throughout St
James. As has been relayed in the past to the complainants and to the HOA, flooding is not the
purview of the Division. A swale or ditch that holds water or floods is not a violation of the permit.
The permittee is responsible for restoring the swales to design condition in the event that flooding
or the normal wear and tear over time cause erosion, deposition of sediment, or slope failure.
This letter is being sent to the main development companies noted above, since they hold the lion's
share of all currently issued stormwater permits in St. James. It has come to the attention of
DEMLR that the development will allegedly be turned over to the HOA by the end of 2020. Prior to
that turnover date, all of the permits as listed on the attached, need to be transferred to the HOA. In
recent years, a process to transfer and consolidate the permits was agreed to between the
developers, the consultants, and the Division. However, the Division has received applications to
consolidate or transfer a total of 9 permits in the last 5 years.
The slowness of the process can be mainly attributed to a lack of a timely response on the part of
the consultant, and the submission of incomplete information, necessitating a couple of rounds of
requests for additional information. Other factors include expired permits that have not been
renewed, a lack of routine maintenance, unapproved changes in the number of lots, or in the lot or
road layout, missing curb outlet swales, piping of swales, overbuilding on the lot, or adding
sidewalks where none were approved.
D_E
North Carolina Department of Envim=enml Quality I Division of Energy. Mineral and land Resources
Wilmington Regional Office 1 127 Cardinal Drive Extension I Wilmington. North Carolina 28405
T/� ]AL TM1S

St. James Plantation
Page 2 of 3
In addition to these more common compliance issues, it has come to our attention that the golf
course fairways were purchased by Troon St. James, LLC early last year. If any of these fairways are
part of the project area covered by the low density permits issued for St. James, their sale would be
a compliance issue that would need to be addressed prior to transfer. The Division can accept a
signed agreement from Troon St. James, LLC stating that the golf course fairways will not be
developed with additional built -upon area or developed for any use other than a golf course. If
Troon St. James, LLC does not agree to this, then any of the permits held by the corporate entities
above for St. James that depend on those fairway areas to maintain density, cannot be considered
for transfer as currently permitted.
If the project(s) covered by an existing permit can demonstrate and sustain low density without
including the fairway areas, then modified permits can be issued, consolidated and transferred to
the HOA, following the process described below:
1. No more than 5 active permits can be proposed for transfer and consolidation at any one
time. The permittee or consultant should pick one of the 5 permit numbers as the
"surviving" permit number going forward.
2. The permittee's consultant should schedule a file review appointment to familiarize himself
or herself with the approved plans and details.
3. The consultant should conduct their own inspection of the 5 sites and address any obvious
compliance issues based on how the as -built project may vary from the permitted/recorded
condition.
4. If there are major differences that only a permit modification will resolve, then the
permittee shall either restore the project to compliance with the approved plans or submit
an application to modify the individual permit.
5. Upon the issuance of any required permit modifications, and the consultant's satisfactory
inspection, an application to consolidate the 5 selected permits can be submitted. The
Division will not conduct a compliance inspection prior to consolidation.
6. Upon issuance of the consolidated permit, the permittee shall submit an application to
transfer the consolidated permit to the HOA. The application must be accompanied by all
the required supporting documentation such as certifications, recorded deed restrictions
and plats for all projects covered by the consolidated permit.
7. The projects covered by the consolidated permit will be inspected by the Division for
compliance. If the inspection indicates that the project is in compliance, the Division will
approve the transfer and issue the permit to the HOA.
8. If the project is not in compliance, then an inspection report will be sent to the permittee
and to the HOA, listing all the items to be addressed. When the necessary actions to restore
compliance have been completed and/or when the requested information is received and
reviewed and found to be complete, the permit will be transferred.
9. If a follow-up inspection is required, it can be completed either by the permittee providing
dated pictures of the finished product (minor issues), or another inspection can be
scheduled (major issues). This is where the process can bog down. It is imperative that the
permittee complete any necessary actions to restore compliance in a timely manner and it is
imperative that the Division reinspect in a timely manner to keep things moving forward.
Please contact the Division by August 17, 2019to discuss this process and to designate a point
person within each respective organization through which all correspondence, pictures, questions,
scheduling of inspections and follow-up inspections, modifications, consolidations and transfers
will go through.
The permit application form (to modify or consolidate) and the permit transfer application form are
available on our website at: httns•//deo nc.gov/about/divisions/energy-mineral-land-
Please 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 procedures as
set forth in NCGS 143 Article 21. Failure to follow the process described above, or to deal with the
impact to a low density project due to the sale of the fairway area, may initiate enforcement action
including the assessment of civil penalties.

St. James Plantation
Page 3 of 3
If you have any questions, please contact me in the Wilmington Regional Office, at telephone
number [phone] or via email at linda lewisPricdenr.gov.
Sincerely,
Linda Lewis, E.I.
Environmental Engineer III
^1-�GDS/arL G:\\\Stormwater\Linda Lewis\St James Plantation\2019 07 CEI_deRcient St James
Attachment - Project Owner List
CC: St James Plantation Property Owners Association Inc.
Jay M. McGrath, President Troon St. James, LLC (15044 N Scottsdale Rd. Ste. 300 Scottsdale, AZ 85254)