SW8050309_Compliance Evaluation Inspection_20240229

STATE OF NORTH CAROLINA,Department of Environmental Quality,
127 Cardinal Drive Extension,Wilmington, North Carolina 28405 [phone]
FILE ACCESS RECORD
DEQ SECTION:r mL(z 1 Svc REVIEW TIME/DATE: 2 f 2°1 l Zy o7 °t: OO
NAME:N EMAIL:
REPRESENTING: PHONE:
Guidelines for Access: The staff of Wilmington 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 guidelines 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 to review the files. Appointments will be scheduled between 9:00am and 3:00pm. Viewing time ends at
4:45pm. Anyone arriving without an appointment may view the files to the extent that time and staff supervision
is available.
2. You must specify files you want to review by facility name. The number of files that you may review at one time will
be limited to five.
3.
.t juin the 4'A g a r9&!�otrameges 1414111107Bo be ix itic IMO fie.
4. You may make copies of a file at$.05 per copy. First 100 copies at no charge. Payment may be made by check or
money order at the reception desk. You may also scan to email or a thumb drive.
5. FILES MUST BE KEPT IN ORDER YOU FOUND THEM. Files may not be taken from the office. To remove,
alter,deface,mutilate,or destroy material in one of these files is a misdemeanor for which you can be fined up to
$500.00. No briefcases.large totes.etc. are permitted in the file review area.
6. You may take photos of large plans with your phone camera. Necessary large plan copies can be scheduled with
[e-mail] 910-796-7265 for a later date/time at an offsite location at your expense. Requests for
large plan copies should be attached on top of the file after completion of the review. Allways Graphics can be contacted
to set up payment options.
7. Written questions may be left with this completed form and a staff member will be in contact with you IF you
provide your contact information where indicated above.
8. In accordance with General Statue 25-3-512, a$25.00 processing fee will be charged and collected for checks on which
payment has been refused.
FACILITY NAME COUNTY
SK% OSO3oc1
2.
3.
4.
5.
ri\J o►SL Stv�Y�
W T % r.� / o ZA q/a a 9:ic / 5;ys F— aa--C.
Signature an ame of 1~irm/Business Date MM/DD/YY
Time In Time Out
COPIES MADE 0 PAID INVOICE
G:/ADM/Shared/File Review Access Form rev 2022

47:141K‘a
ROY COOPER
Governor
ELIZABETH S.BISER v.4*(swore
` .
Secretary
DOUGLAS R.ANSEL NORTH CAROLINA
InterimDireter Envfi on Quality
August 9,2023
Juniper Creek Development,LLC
ATTN: Steve Shuttleworth
711 Carolina Beach Avenue North
Carolina Beach,NC 28428
Subject: Notice of Inspection—Not Compliant
Post-Construction Stormwater Management Permit No.SW8 050309
Juniper Creek Subdivision
Brunswick County
Dear Mr. Shuttleworth:
On July 7,2023,the Wilmington Regional Office of the Division of Energy,Mineral and Land Resources
(DEMLR)inspected the subject project,located at Hidden Creek Drive in Brunswick County to
determine the status of compliance with the State Stormwater Management Permit Number SW8 050309
issued on October 20,2020. The 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. Submit modification to permitted plans showing swale layout consistent with what has been
constructed.
2. Maintain swales where eroding and/or blocked by debris.
Please be reminded that it is your responsibility as the permittee of record to submit a completed and
signed Permit Transfer Application Form to the Division of Energy,Mineral and Land Resources 30-60
calendar days prior to making any of the below listed changes.This form is available on our website at:
hops://deq.nc.gov/about/divisions/energy-mineral-land-resourcedenergy-mineral-land-rules/stormwater-
Droararn/post-construction.
a. An ownership change including the sale or conveyance of the permitted project area in whole or
in part.This does not include the conveyance of subdivided residential lots to individuals which
are made subject to a recorded declaration of covenants and restrictions which contain the
statements required by the stormwater permit;
b. The sale or conveyance of the common areas to a Homeowner's or Property Owner's
Association,subject to the requirements of Session Law 2011-256;
c. Foreclosure proceedings;
d. Filing for Bankruptcy;
e. Dissolution of the partnership,corporate entity or LLC.Pick OnePer NCGS 57D-6-07,a
dissolved LLC shall wind up,which may include continuing the business of the LLC for a
period of time. The person charged with winding up the LLC shall collect the LLC's assets
[which include the stormwater management permit],and distribute the assets as provided in
NCGS 57D-6-08(2). OR Per NCGS 55-14-05,a dissolved corporation continues its corporate
existence but may not cant'on any business except that appropriate to wind up and
liquidate its business and affairs,which includes the stormwater management permit.
f. A name change of the owner/permittee;
g. A name change of the project;
h. A mailing address change of the permittee;
North.Corcoran Department of En iron mental Qmaltty I Division of Energy Mineral and Land Resors-ccs
Wilmington Regional office 1127 Cardinal Drive Extension I Wtin tnglnn.Nord(Caro6rta 2$405
�se"0 r2Limaowwl\ 4 910.796.7215

Juniper Creek Development, LLC '
August 9, 2023
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.
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 September 9,2023,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 at
[e-mail] or(910)-796-7314.
Since ely,
Creighton Brown
Environmental Specialist II
Enclosure: Compliance Inspection Report
DES\cab: \\\Stormwater\Permits&Projects\2005\050309 LD12023 07 CEl_deficient 050309
cc: Wilmington Regional Office Stormwater File

Permit: SW8050309 Owner-Project: Juniper Creek Development LLC
Inspection Date: 07/07/2023 Inspection Type Compliance Evaluation Reason for Visit: Routine
Inspection Summary:
Inspection based on complaint.
To bring site in compliance, the following actions must be taken:
1. Submit modification to permitted plans showing swale layout consistent with what has been constructed.
2. Maintain swales where eroding and blocked by debris.
SW Measures Yes No NA NE
Are the SW measures constructed as per the approved plans? El III ❑ ❑
Are the inlets located per the approved plans? 0 0 ■ ❑
Are the outlet structures located per the approved plans? ❑ II ❑ ❑
Comment: Consturcted outlet swales deviate from permitted plans approved August 31, 2007.
Operation and Maintenance Yes No NA NE
Are the SW measures being maintained and operated as per the permit requirements? ❑ ■ 0 ❑
Are the SW BMP inspection and maintenance records complete and available for review or ❑ 0 ❑ II
provided to DWQ upon request?
Comment: Several outlet swales are eroding and need additional vegetation. Swales have not been
maintained and debris has blocked boundary swale#2.
page 2

• Compliance Inspection Report
Permit: SW8050309 Effective: 10/20/20 Expiration:
Project: Juniper Creek
Owner: Juniper Creek Development LLC
County: Brunswick Adress: Old Fayetteville Rd
Region: Wilmington
City/State/Zip: Leland NC 28451
Contact Person:Steve Shuttleworth Title: Member Manager Phone:[phone]
Directions to Project:
From intersection of US 17&US 74,travel north approx 1.3 miles.Turn left on Old Fayetteville Rd.,Site is approx 1.3 miles on
right.
Type of Project: State Stormwater LD-Curb and Gutter
Drain Areas: 1 -
On-Site Representative(s):
Related Permits:
Inspection Date: 07/07/2023 Entry lime 03:OOPM Exit Time:03:15PM
Primary Inspector: Creighton A Brown Phone:[phone]
Secondary Inspector(s):
Reason for Inspection: Routine Inspection Type: Compliance Evaluation
Permit Inspection Type: State Stormwater
Facility Status: ❑ Compliant II Not Compliant
Question Areas:
• State Stormwater
(See attachment summary)
page 1

State Stormwater Inspection Report 1,2, °.jit ? im _
General lease Return to __54eu# :.�
Project Name: 'TA'liP Creek Permit No: SW8 OS 03D/ Expiration Date:
Contact Person: Phone Number: Inspection Type: ‹ti3
1• Inspection Date: 14/7-0 1 Time In: gg'(9$p 1 Time Out:
Current Weather: Recent Rain(Date)? Rain— in
Location
Facility Address/Location: ��-e, J
t.t ,1& 12.1
R�)
City: L.e t"'�"ul � Zip: ti 51 County: BKets Lat:3 y° fir S CPN Long:-7g ° Z `50"W
Permit Information
Rule Subject to (circle one): 1988 Coastal Rule Coastal Rul0 995 2008 Coastal Rule Session Law 2006-246
Goose Creek High Quality Waters Outstanding Resource Waters
Density (circle one): High(HD) Low(LD) vJ( t ryr, S u�a.te_S
Stormwater Best Management Practices(BMPs) (insert number of each): y 6 ee $t.,fp l e en°1)
Wet Ponds Infiltration Basins Infiltration Trenches ✓ LD Swales Stormwater Wetlands
Dry Ponds Bioretention Permeable Pavement Sand filters (circle one) Open Closed
Cistern Level Spreader/Filter Strip Other(specify):
File Review Yes No N/A N/E
1. Is the permit active? t
2. Signed Engineer's Certification on file? ,
3. Signed Operation and Maintenance agreement on file?
4. Recorded Deed Restrictions on file? L...k V -23 e K t 7
Site Visit: Built Upon Area(BBUA) Yes No N/A N/E
i'
5. BUA is constructed and consistent with the permit requirements? M �� . v/ - ,j
6. BUA(as permitted)is graded such that the runoff drains to the system?(high density only) t,.9 f I
7. Drainage area is consistent with permit?(i.e.no unpermitted drainage to the SW BMPs) ` V
,�.8. Drainage area is stabilized?(to reduce risk of sedimentation to the SW BMPs) ,
Site V' it: Stormwater BMP _ Yes No N/A N/F
9. Stormwater BMPs are located per the approved plans? �/
10. Stormwater BMPs have dimensions(eg.length,width,area)matching the approved plans?
E, 11. Stormwater BMPs are constructed per the approved plans?
Site Visit: Operation and Maintenance Yes No N/A N/E
12. Access points to the site are clear and well maintained?
13. Trash has been removed as needed?
14. Excessive landscape debris(grass clippings,leaves,etc)is controlled? _
15. Stormwater BMPs being operated and maintained as per the permit requirements?
16. Inspection and Maintenance records are available for inspection? (high density only, 1995present only) 12,
Site Visit: Other Permit Conditions Yes No N/A N/E
17. Is the site compliant with other conditions of the permit?
Site Visit: Other Water Quality Issues _ Yes No N/A N/E
18. Is the site compliant with other water quality issues as noted during the inspection?
State Stormwater Inspection Report,Version 3.0_3-09 Page 1 of 2

State Stormwater Inspection Report
Comments
tAJ tA'c t H !-q -estJb<<3'...., a•�+��or.... . PH I-5—:us&,bl k€.d b„1- C ' € less b,u� 40 rd
k. s vied fa b& F45i - veseivaisv, eshf. t.W" I#t €25 c d.
Inspection Pictures (some of the pictures taken during the site visit)
get S'WC o5V34 70c— tee, G�Iny`
Compliance Status ❑ Compliant ❑ Non-Compliant
Letter Sent (circle one): Yes No Letter type: CEI NOV NOVRE Other
Date Sent: Reference Number:
Inspector Name and Signature: e ,..,.! Date: (,/24/Fta
State Stormwater Inspection Report,Version 3.0_3-09 Page 2 of 2

STATE OF NORTH CAROLINA,Department of Environmental Quality,
127 Cardinal Drive Extension,Wilmington,North Carolina 28405 [phone]
FILE ACCESS RECORD
DEQ SECTION: -pfM L. REVIEW TPME/DATE : -- 2( Am
NAME: Kea t i Reei r y EMAIL:
REPRESENTING:�'��p-t'li Cose�oads�i®� Try u PHONE: C)(b 231 "3232
Guidelines for Access: The staff of Wilmington 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 guidelines 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 to review the files. Appointments will be scheduled between 9:00am and 3:00pm. Viewing time ends at
4:45pm. Anyone arriving without an appointment may view the files to the extent that time and staff supervision
is available.
2. You must specify files you want to review by facility name. The number of files that you may review at one time will
be limited to five.
3. C.AMA Major Permits are issued out of the Morehead City District Office. The COMPLETE file is in the Morehead
Office and may contain additional information and/or comments which may not be in the WIRO file.,
4. You may make copies of a file when the copier is not in use by the staff and if time permits. Cost per copy is$.05 cents.
Payment may be made by check,money order,or cash at the reception desk.
5. FILES MUST BE KEPT IN ORDER YOU FOUND THEM. Files may not be taken from the office. To remove,
alter,deface,mutilate,or destroy material in one of these files is a misdemeanor for which you can be fined up to
$500.00. No briefcases,large totes,etc. are permitted in the file review area.
6. Necessary large plan copies can be scheduled with ,:.r. �..-.': ;� :;.r ;r;. 919-796-7475 for a later date/time at
an offsite location at your expense. Large plan copies needed should be attached on top of the file. Allways Graphics
can be contacted to set up payment options. Written questions may be left with this completed form and a staff
member will be in contact with you IF you provide your contact information where indicated above.
7. In accordance with General Statue 25-3-512,a$25.00 processing fee will be charged and collected for checks on which
payment has been refused.
FACILITY NAME COUNTY
1. a/Gfelr Cr'e k . UJ Os-O30 / 73db(�S�lc
2.
3.
4.
5.
Signature and Name of Firm/Business Date MM/DD/YY Time In Time Out
COP 11-S MADE PAID INVOICE
G:/ADM/Shared/File Review Access Form rev 2018

STATE OF NORTH CAROLINA
Department of Environmental Quality
127 Cardinal Drive Extension
Wilmington,North Carolina 28405
[phone]
FILE ACCESS RECORD
DEQ SEC�'flON: REVIEW TINE/DATE f17 :`
NAME: EMAIL:
REPRESENTING: PHONE:
Guidelines for Access: The staff of Wilmington 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 guidelines 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 to review the files:Appointments will be scheduled between 9:00am and 3:00pm.
Viewing time ends at 4:45pm. Anyone arriving without an appointment may view the files to the extent
that time and staff supervision is available.
2. You must specify files you want to review by facility name. The number of files that you may review at one
time will be limited to five.
3. You may make copies of a file when the copier is not in use by the staff and if time permits. Cost per copy is
$.05 cents. Payment may be made by.check,money order, or cash at the reception desk.
4. FILES MUST BE K N:FT IN ORDER YOU FOUND THEM. Files may not be taken from the office. To
remove, alter, deface,mutilate, or destroy material in one of these files is a misdemeanor for which you can
be fined up to$500.00. No briefcases, large totes, etc. are permitted in the file review area.
5. Necessary large plan copies can be scheduled with [e-mail] 919-796-7475 foi a later
date/time at an.offsite location at your expense. Large plan copies needed should be attached on top of the
file. Allways Graphics can be contacted to setup payment options. Written.Qiiestions may be left with
this completed form;and a staf member will be in contact with you.IF you provide your contact
information where indicated above
b. In accordance with General Statue 25-3-512, a$25.00 processing fee will be charged and collected for checks
on which payment has been refused.
('��/ FACILITY NAME COUNTY
1. I�f6�✓"-3
2
3.
4.
5.
/
Signature and Name of Firm/Business Date Time In Time Out
COPIES MADE PAID INVOICE
G:/ADlvl/Shared/File Review Access Form rev 2018

STATE OF NORTH CAROLINA
Department of Environmental and Natural Resources
127 Cardinal Drive Extension
Wilmington,North Carolina 28405
[phone]
FILE ACCESS RECORD
SECTION t qc/
TIME/DATE L30 ^ 5
NAME 1 W141 T .
REPRESENTING
Guidelines for Access: The staff of Wilmington 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 guidelines 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 to review the files. Appointments will be scheduled
between 9:00am and 3:00pm. Viewing time ends at 4:45pm. Anyone arriving without an
appointment may view the files to the extent that time and staff supervision is available.
2. You must specify files you want to review by facility name. The number of files that you
may review at one time will be limited to five.
3. You may make copies of a file when the copier is not in use by the staff and if time permits.
Cost per copy is$.05 cents.Payment may be made by check money order,or cash at the
reception desk. Copies totaling$5.00 or more can be invoiced for your convenience.
4. FILES MUST BE KEPT IN ORDER YOU FOUND THEM. Files may not be taken from
the office. To remove,alter,deface,mutilate,or destroy rnaterial in one of these files is a
misdemeanor for which you can be fined up to$500.00. No briefcases,large totes,etc.are
permitted in the file review area.
5. In accordance with General Statue 25-3-512,a$25.00 processing fee will be charged and
collected for checks on which payment has been refused.
FACILITY NAME COUNTY
1.
0/C
2.
3.
4.
4f/f/ //4/ _ L—L
Signs a and. ame of F. .sines Date Time In Time Out
Please attach a business card to this form
COPIES MADE `2"--� PAID INVOICE
S:Admin.file access

Ala
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Pat McCrory Charles Wakild, P. E. John E. Skvarla, Ill
Governor Director Secretary
February 27, 2013
Peter McCallion, previous Manager of Juniper Creek, LLC . � k is° G_/_
Current Manager, Juniper Creek Homeowners Association
3022 Tyler Place
Wilmington, NC 28409-2055 J e- ' r✓di
jah„
CERTIFIED MAIL #7010-0290-0003-0834-4247
RETURN RECEIPT REQUESTED
Subject: CONTINUING NOTICE OF VIOLATION (NOV-2009-PC-0246)
Juniper Creek
Stormwater Permit No. SW8 050309
Brunswick County
Dear Mr. McCallion:
On February 13, 2013, Steve Pusey and Chad Coburn from the Wilmington Regional
Office performed a Compliance Inspection of the subject project, located off Old
Fayetteville Road, near Leland, in Brunswick County, North Carolina. This inspection
was performed to follow up on the original joint Notice of Violation (NOV) issued March
18, 2009 (see copy attached), and to determine the status of compliance with
Stormwater Permit Number SW8 050309, issued to you on March 17, 2005 with
approved plan revisions on August 31, 2007. A Continuing Notice of Violation for
compliance with the stormwater permit was issued on May 12, 2009. Others present at
the site were representatives from East Coast Engineering & Surveying, Land
Management Group, and US Army Corps of Engineers.
To summarize the stormwater portion, the project has been found in violation of
Stormwater Permit Number SW8 050309, issued pursuant to the requirements of the
stormwater rules, 15A NCAC 2H.1000. The violations found are:
I. Failure to build according to the approved plan.
Per Section 11.4 of the Permit, the permittee shall submit to the Director and shall
have received approval for revised plans, specifications, and calculations prior to
construction, for any modification to the approved plans.
1. Overall lot layout is not in accordance with the plans, and there are no street
names on the plans.
2. An approximate 3' deep ditch, going through several wetland areas, was
constructed instead of the 1' deep trapezoidal swale specified in uplands. This
ditch has now been filled back and vegetation is established. The swales in
these areas will need to be redesigned.
Wilmington Regional Office
127 Cardinal Drive Extension,Wilmington,North Carolina 28405
Phone:[phone] FAX:[phone] DENR Assistance:1-877-623-6748
Internet www.ncwatemuality.org
An Equal Opportunity 1 Affirmative Action Employer

3. Many lots and road sections are under water, 2'-3' in some places, due to high
water table and flooding due to recent rain. The wetlands are going to be
redelineated on a new jurisdictional wetlands survey signed by the Corps of
Engineers. Once the new jurisdictional wetlands determination is complete, the
stormwater plans should be modified accordingly.
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 27, 2013. Your plan of action should address the time frame for
providing a jurisdictional wetlands survey, and submittal of an application to
modify the permit, including revised site plans, grading /drainage plans, and
revised calculations as applicable to the new design.
Failure to provide the "Plan of Action" by March 27, 2013, 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 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 Steve Pusey or Chad
Coburn at 910-796-7215.
Sincerely,
Georgette Scott
Stormwater Supervisor
Division of Water Quality
GDS\sgp:
S:\WQS1STORMWATER\Permits&Projects\2005\050309 LD\2013 02 NOV 050309
cc: Alan C. Lewis, President - East Coast Engineering & Surveying, PC
Brunswick County Building Inspections
Karen Higgins, WBS-CPU
Emily Hughes — USACE Wilmington Field Office
Wes Fryar— Land Management Group
Georgette Scott
WIRO
Page 2 of 2

Compliance Inspection Report
Permit: SW8050309 Effective: 03/17/05 Expiration: Owner: Juniper Creek,LLC
Project: Juniper Creek
County: Brunswick Old Fayetteville Rd
Region: Wilmington
Leland NC 28451
Contact Person: Jeff Harvell Title: Phone: [phone]
Directions to Project:
From intersection of US 17&US 74,travel north approx 1.3 miles.Turn left on Old Fayetteville Rd.,Site is approx 1.3 miles on right.
Type of Project: State Stormwater-LD-Curb and Gutter
Drain Areas: 1 -
On-Site Representative(s):
Related Permits:
Inspection Date: 02/13/2013 Entry Time: 10:30 AM Exit Time: 12:30 PM
Primary Inspector: Steven G Pusey Phone:
Secondary Inspector(s):
Reason for Inspection: Follow-up Inspection Type: Compliance Evaluation
Permit Inspection Type: State Stormwater
Facility Status: 0 Compliant ■ Not Compliant
Question Areas:
®State Stormwater
(See attachment summary)
Page: 1

Permit: SW8050309 Owner-Project: Juniper Creek,LLC
Inspection Date: 02/13/2013 Inspection Type: Compliance Evaluation Reason for Visit: Follow-up
Inspection Summary:
1.Overall lot layout is not in accordance with the plans. Also,there are no street names on the plans.
2.An approximate 3'deep ditch,going through several wetlands areas,was constructed instead of the 1'deep trapezoidal
swale specified. This ditch has been filled back in and restored to wetlands.
3. Many lots are under water due to high water table and flooding due to recent rain. The wetlands are going to be
redelineated on a new jurisdictional wetland survey.
4.The developer,Juniper Creek, LLC, officially dissolved August 26,2010.
5.A potential buyer is researching the property now and revised stormwater plans will be created for review after a new
jurisdictional wetlands survey is completed.
File Review Yes No NA NE
Is the permit active? ■ ❑ ❑ ❑
Signed copy of the Engineer's certification is in the file? 0 0 ■ 0
Signed copy of the Operation&Maintenance Agreement is in the file? ■ ❑ ❑ ❑
Copy of the recorded deed restrictions is in the file? ■ ❑ ❑ ❑
Comment:
SW Measures Yes No NA NE
Are the SW measures constructed as per the approved plans? ❑ ! ❑ ❑
Are the inlets located per the approved plans? 0 ■ 0 0
Are the outlet structures located per the approved plans? 0 ■ 0 0
Comment: 1. Overall lot layout is not in accordance with the plans. Also, there are no
street names on the plans.
2. Drainage swales are not constructed according to the plans in many areas. The end
of the northernmost cul-de-sac in Phase 2 and the end of the main road were under
water due to the high water table and recent rain. Many lots in this area were also
under water, 2 - 3 feet deep in some places.
3.An approximate 3'deep ditch, going through several wetlands areas,was constructed
instead of the 1'deep trapezoidal swale specified. This ditch has been filled back in and
restored to wetlands. The wetlands are going to be redelineated on a new jurisdictional
wetland survey.
4. A revised site plan and grading/drainage plan need to be submitted for review after
the site is redesigned. Calculations will be needed to show that swaies can handle the
flow rate, and that the outlets to wetlands are non-erosive for a 10-year, 24 hr storm.
Page: 2.

STATE OF NORTH CAROLINA
Department of Environment and Natural Resources
•
WIRO Regional Office
tai Vr'd P L p,, , FILE ACCESS RECORD
SECTION SWP DATE/TIME
NAME . ' '>7- %ref " REPRESENTING -_,, --' �/- �r2e7 e-.-
Guidelines for Access: The 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.
2. You.must specify files'you want to review by facility name or incident number, as
appropriate. The number of files that you may review at one appointment will be limited to
five.
3. You may make copies of a file when the copier is not in use by the staff and if time permits.
There is no charge for 25 or less copies.; cost per copy after the initial 25 is 2,5 per copy.
Payment is to be made by check, money order, or cash in the administrative offices.
4. Files must be kept in the order you received them. Files may not be taken from the office.
No briefcases, large totes, etc. are permitted in the file review area. To remove, alter,
deface, mutilate, or destroy material in public files is a misdemeanor for which you can be
fined up to $500.00.
5. In accordance with GS 25-3-512, a $25.00 processing fee will be charged and collected for
checks on which payment has been refused.
6. The customer must present a photo ID, sign-in, and receive a visitor sticker prior to
reviewing files.
FACILITYLITY NAME COUNTY
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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
May 15, 2009
Jeff Harvell
Juniper Creek, LLC
PO Box 56
Winnabow, NC 28479
Subject: CONTINUING NOTICE OF VIOLATION (NOV-2009-PC-0246)
Juniper Creek
Stormwater Permit No. SW8 050309
Brunswick County
Dear Mr. Harvell:
On May 12, 2009, Mr. Steve Pusey and Mr. Chad Coburn from the Wilmington Regional Office,
performed a Compliance Inspection of the subject project, located off Old Fayetteville Road,
near Leland, in Brunswick County, North Carolina. The inspection was performed to review the
overall terms of the original NOV issued on March 18, 2009, and to determine the status of
compliance with Stormwater Permit Number SW8 050309, issued to you on March 17, 2005
with approved plan revisions on August 31, 2007. Others present at the site were
representatives from East Coast Engineering &Surveying, US Army Corps of Engineers, and
the EPA.
To summarize the stormwater portion, the project has been found in violation of Stormwater
Permit Number SW8 050309, issued pursuant to the requirements of 15A NCAC 2H.1000. The
violations found are:
1. Overall lot layout has changed and is not in accordance with the plans. It appears that
at least one or more lots have changed on this project. Specifically, Lot 2 appears to
have 2 houses on it, and many lot numbers in the field do not match the plans. Also,
there are no street names on the plans.
2. Drainage swales in the back of many lots and throughout the project site are not
constructed in accordance with the plans. An approx. 3' ditch has been constructed
instead of a 1' deep trapezoidal swale, as specified.
3. Drainage swales have not been maintained properly. All swales require modification to
bring them into compliance.
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 June 15,
2009.
Wilmington Regional Office
127 Cardinal Drive Extension,Wilmington,North Carolina 28405 One
Phone:[phone] FAX:[phone] Customer Service:1-877-623-6748 NorthCarolina
Internet www.ncwaterquality.org Naturally
An Equal Opportunity 1 Affirmative Action Employer

May 15, 2009
Juniper Creek
Stormwater Permit No. SW8 050309
2. Submit a revised site plan and grading /drainage plan with proposed changes. Revised
plans must show any proposed changes to the drainage pattern. We recommend
keeping the basic concept of the overall drainage system by routing the runoff from the
northernmost drainage areas towards the relic ditch in the wetlands north of the
property.
3. Convert existing ditches on the site to trapezoidal swales with 5:1 slope, as shown in the
plan details.
4. Submit revised calculations, as needed, to show that flow through the swales and outlets
is non-erosive for a 10-year storm.
5. Show riprap, scour holes, and/or level spreaders on the plans, as needed, to diffuse the
flow at the outlet areas.
Failure to provide the "Plan of Action" by June 15, 2009, 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 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 Steve Pusey or Chad Coburn at
910-796-7215.
Sincerely,
Rick Shiver
Wilmington Regional Supervisor
Surface Water Protection Section
RS1sgp: S:IWQSISTORMWATERINOTICE1050309.may09
cc: Alan C. Lewis, President- East Coast Engineering & Surveying, PC
Brunswick County Building Inspections
John Hennessey, NPS-ACO Unit
Cyndi Karoly—401 Oversight/Express Review Permitting Unit
Kimberly Garvey— USACE Wilmington Field Office
Georgette Scott
Steve Pusey
WIRO
Page 2 of 2

Compliance Inspection Report
Permit: SW8050309 Effective: 03/17/05 Expiration: 03/17/15 Owner: Juniper Creek,LLC
Project: Juniper Creek
County: Brunswick Old Fayetteville Rd
Region: Wilmington
Leland NC 28451
Contact Person: Jeff Harvell Title: Phone:[phone]
Directions to Project:
From intersection of US 17&US 74,travel north approx 1.3 miles.Turn left on Old Fayetteville Rd.,Site is approx 1.3 miles on right.
Type of Project: State Stormwater-LD-Curb and Gutter
Drain Areas: 1 -
On-Site Representative(s):
Related Permits:
Inspection Date: 05/12/2009 Entry Time: 10:00 AM Exit Time: 12:30 PM
Primary Inspector: Steven G Pusey Phone:
Secondary Inspector(s):
Reason for Inspection: Routine Inspection Type:Stormwater
Permit Inspection Type: State Stormwater
Facility Status: 0 Compliant ■Not Compliant
Question Areas:
®State Stormwater
(See attachment summary)
Page: 1

Permit:SW8050309 Owner-Project:Juniper Creek,LLC
Inspection Date:05/12/2009 Inspection Type:Stormwater Reason for Visit: Routine
Inspection Summary:
This permit will require either a plan revision or modification.
The following items, as a minimum, need to be corrected to bring the project into compliance:
1.A revised site plan and stormwater grading/drainage plan with proposed changes must be submitted.
2. Current ditches on the site must be converted into trapezoidal swales with 5:1 slope as shown in the plan details.
3. Revised calculations, as needed, will be required to show that flow through the swales and outlets is nonerosive for a
10-year storm.
4. Scour holes and/or level spreaders must be shown on the plans, as needed,to diffuse the flow at the outlets.
Page: 2

Permit:SW8050309 Owner-Project:Juniper Creek.LLC
Inspection Date:05/12/2009 Inspection Type:Stormwater Reason for Visit:Routine
File Review Yes No NA NE
Is the permit active? = 000
Signed copy of the Engineer's certification Is in the file? 0 0 • 0
Signed copy of the Operation&Maintenance Agreement is in the file? ■ ❑ ❑ ❑
Copy of the recorded deed restrictions is in the file? ■ ❑ ❑ ❑
Comment:
Built Upon Area Yes No NA NE
Is the site BUA constructed as per the permit and approval plans? 0 • 0 0
Is the drainage area as per the permit and approved plans? ■ ❑ ❑ ❑
Is the BUA(as permitted)graded such that the runoff drains to the system? MOOD
Comment: Site is not built-out yet. However, there is some discrepancy with lot
numbers, houses per lot, etc. The site plan and stormwater drainage plan will need to •
be revised and resubmitted.
SW Measures Yes No NA NE
Are the SW measures constructed as per the approved plans? 0 • 0 0
Are the inlets located per the approved plans? M ❑ ❑ ❑
Are the outlet structures located per the approved plans? 0 • 0 0
Comment: Drainage swales in the back of many lots and throughout the site are not
constructed according to the plans. There is an approx. 3'ditch instead of the 1'deep
swales specified. These ditches need to be converted into trapezoidal swales with 5:1
side slopes in accordance with revised plans. In addition, the revised plans must show
any proposed changes to the drainage pattern. We recommend keeping the basic
concept of the overall drainage system by routing the runoff from the northernmost
drainage areas towards the relic ditch in the wetlands north of the property.
Operation and Maintenance Yes No NA NE
Are the SW measures being maintained and operated as per the permit requirements? 0 . 00
Are the SW BMP inspection and maintenance records complete and available for review or provided to DWQ 0 0 0 ■
upon request?
Comment: Swales have neither been constructed according to plan nor been
maintained properly. All swales will require modification to be in accordance with the
plans. All discharge outlets shall be nonerosive, which means that either a scour hole
or level spreader may need to be installed, depending on the velocity at the outlet for a
10-year storm.
Page: 3

ArsA
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
March 18,2009
Certified Mail—7008-1140-0002-9563-2103 Certified Mail—7008-1140-0002-9563-2103
Juniper Creek,LLC JBR Enterprises of Winnabow, Inc.
Mr. Jeff Harvell Mr.Jeff Harvell
P.O.Box 56 P.O.Box 56
Winnabow NC 28479 Winnabow NC 28479
Certified Mail—7008-1140-0002-9563-2110 Certified Mail-7008-1140-0002-9563-2127
Juniper Creek,LLC Juniper Creek,LLC
Mr.Peter McCallum Mr. John Horton
P.O.Box 173 P.O. Box 173
Winnabow NC 28479 Winnabow NC 28479
Subject: Juniper Creek
NOTICE OF VIOLATION(NOV-2009-PC-0246)
Construction Stormwater Permit NCG010000 (NCR001520),
401 Water Quality Certification(DWQ#2004-2058), &State Stormwater
Permit(SW8050309) D�.
Brunswick County RE
Dear Mr. Harvell: MAR 2 3 2009
On March 13,2009,Mr. Chad Coburn and Mr. Steve Pusey from the 2?-1' "`"",^:;
Office of the Division of Water Quality conducted a site inspection for the tract/project known as Juniper
Creek, located in Leland,North Carolina.
The site visit and file review revealed that the subject project has an approved Erosion and
Sedimentation Control Plan and is covered by Stormwater General Permit NCG010000. A Construction
Stormwater General Permit(NCG010000)is issued upon the approval of an Erosion and Sedimentation
Control Plan. This permit applies to projects that receive a Division of Land Resources(DLR)(or local
delegated program)Erosion and Sedimentation Control Plan for land disturbance of 1 acre or greater.
Specifically,the General Permit(NCG010000)authorizes the discharge of stormwater under the National
Pollutant Discharge Elimination System(NPDES)in accordance with Title 15A North Carolina
Administrative Code 2H.0100. In addition,this project was inspected for compliance with the 401 Water
Quality Certification with Additional Conditions covered by certification number 3402 granted on March
17,2005 and for compliance with the State Stormwater Permit also issued on March 17, 2005. These
inspections revealed that the subject property has the following violations as detailed below:
(I) Construction Stormwater General Permit NCG010000
(II) 401 Water Quality Certification
(III) Wetlands Standards
(IV) State Stormwater Permit
North Carolina Division of Water Quality 127 Cardinal Drive Extension Phone[phone] Customer Servicel-877-623-67,_ or Carolina
I6I
Wilmington Regional Office Wilmington,NC 28405-3845 FAX [phone] Internet h2o,enr.state.nc.us
An Equal Opportunity/Affirmative Action Employer—50%Recycled/10%Post Consumer Paper

2
Juniper Creek
Brunswick County
NOV-2009-PC-0246
Construction Stormwater General Permit NCG010000
a) Approved Plan(Part I, Section A: No.2.)
During the inspection, a copy of the approved Erosion and Sediment Control Plan was
not on site and available for review.
b) Rain Gauge(Part I. Section B.No. 1.)
A rain gauge was not observed on site at the time of inspection.
c) Rain Gauge Data(Part I. Section B.No. 1.)
Rain gauge data,measured daily,was not on site and available for review. *Project
personnel not available during DWQ site inspection.
d) Minimum Monitoring and Record Keeping(Part I. Section B.No.3)
Inspection records of erosion &sedimentation control measures and stormwater
discharges, collected weekly and after every half-inch or greater rain event,were
not on site and available for review. *Project personnel not available during
DWQ site inspection.
II. 401 Water Quality Certification-The WQC approved the impact of 0.381 acres of 404
wetlands to complete your project as described in your March 11,2005 application. It appears
that new construction has begun in the wetland area north of the cul-de-sac on Creek Bend
Road.
a) Condition 1 of the 401 WQC states,"No waste, spoil, solids, or fill of any kind
shall occur in wetlands,waters, or riparian areas beyond the footprint of the
impacts depicted in the PCN. All construction activities shall be performed
so that no violations of state water quality standards, statutes, or rules occur."
b) Condition 2 of the 401 WQC states,"Deed notifications or similar mechanisms or
similar mechanisms shall be placed on all remaining wetlands. These
mechanisms shall be in place within 30 days of the date of issuance of the 401
Certification letter or the issuance of the 404 permit.
III. Wetlands Standards—Ditches have been dug directly adjacent to the northern 404 wetland
boundary along the entire site. This is a violation of the following:
15A NCAC 02B.0231 (b)(1)requires that:
Liquids, fill or other solids or dissolved gases may not be present in amounts that may
cause adverse impacts on existing wetlands uses.
15A NCAC 02B .0231 (b)(5)requires that:
Hydrological conditions necessary to support the biological and physical characteristics
naturally present in wetlands shall be protected to prevent adverse impacts on:
(A)Water currents,erosion or sedimentation patterns;
(C)The chemical,nutrient and dissolved oxygen regime of the wetland;
(D)The movement of aquatic fauna;
(F)Water levels or elevations
I

3
Juniper Creek
Brunswick County
NOV-2009-PC-0246 `a M°OL
P
IV. State Stormwater Permit-Failure To Build According To Plan-Permit conditions
require that the permittee shall submit to the Director and shall have received approval
for revised plans, specifications, and calculations prior to construction, for any
modification to the approved plans.
a) It appears that at least one or more lots have changed on this project. Specifically, lot 2
currently has 2 houses built on it.
b) Many, if not all lot numbers in the field do not match the plans.
Required Response-You are directed to respond to this letter in writing within 30 days of receipt.
Your response should include the following:
1. A statement documenting that the approved Erosion and Sediment Control Plan is on-site and
available for review and that a rain gauge has been properly installed as required by the permit.
2. Include all rain gauge data collected from the date of land disturbance up to the date of your
response. If you do not have data,explain why.
3. Provide all inspection records from the date of land disturbance up to the date of your response.
If you do not have records,explain why.
4. Provide proof of the recorded deed restrictions and preservation map.
5. Have the approved, delineated wetlands staked out on the site per the approved survey.
6. Explain why new construction has begun north of the cul-de-sac at the end of Creek Bend Road
in 404 wetlands and provide a restoration plan for these wetlands.
7. Provide a restoration plan for the impacted wetlands adjacent to the ditches on the site including a
description of the methods that will be used to remove the side-cast fill in the wetlands and the
methods that will be used to stabilize and replant the impacted areas. The swales permitted in the
State Stormwater plan should be installed at a 3:1 slope and stabilized in accordance with the
permit.
8. Explain why some lots have more than one house built on them.
9. Explain the discrepancies between the approved site plan and what has actually been built at the
site with respect to the lot numbers and street names.
10. Submit an accurate and revised stormwater plan and a site plan with the correct lot areas and
numbers.
11. Indicate in your response a detailed schedule with dates explaining when the wetland restoration
activities will be accomplished,and if you plan to seek a permit for the impacts,when an
application will be submitted.

4
Juniper Creek
Brunswick County
NOV-2009-PC-0246
This office requires that the violations, as detailed above, be immediately and properly resolved.
These violations and any future violations are subject to a civil penalty assessment of up to $25,000.00
per day for each violation. Should you have any questions regarding these matters, please contact Chad
Coburn or Steve Pusey at(910) 796-7215.
Sincerely,
Rick Shiver
Surface Water Protection Section
Wilmington Regional Supervisor
cc: John Hennessey-NPS-ACO Unit,Archdale Building
Cyndi Karoly-401Oversight/Express Review Permitting Unit
Kimberly Garvey-USACE Wilmington Field Office
Georgette Scott—Wilmington DWQ
Steve Pusey—Wilmington DWQ
WiRO

STATE OF NORTH CAROLINA
Department of Environment and Natural Resources
WIRO Regional Office
FILE ACCESS RECORD
SECTION SWP DATE/TIME /07/0 r
NAME ,D.� //i REPRESENTING //,gyp 7 —
Guidelines for ces�s 7The staff of the Regional Office is dedicated to making
g 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 3:00p.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.
2. You must specify files you want to review by facility name or incident number, as
appropriate. The number of files that you may review at one appointment will be limited to
five.
3. You may make copies of a file when the copier is not in use by the staff and if time permits.
There is no charge for 25 or less copies.; cost per copy after the initial 25 is 2.5 per copy.
Payment is to be made by check, money order, or cash in the administrative offices.
4. Files must be kept in the order you received them. Files may not be taken from the office.
No briefcases, large totes, etc. are permitted in the file review area. To remove, alter,
deface, mutilate, or destroy material in public files is a misdemeanor for which you can be
fined up to $500.00.
5. In accordance with GS 25-3-512, a $25.00 processing fee will be charged and collected for
checks on which payment has been refused.
6. The customer must present a photo ID, sign-in, and receive a visitor sticker prior to
reviewing files.
FACILITY NAME COUNTY •
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