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Home My WebLink About2017-12-1 Seascape TIMELINE BRIEF_SSWater Resources ENVIRONMENTAL QUALITY TTMF.T ,TNF. FROM: SUBJECT 12/1/2017 Division of Water Resources ROY COOPER Governor MICHAEL S. REGAN Secretary LINDA CULLPEPPER Seascape at Holden Plantation, LLC Seascape at Holden Plantation Property Owners Association, Inc. Brunswick County Interim Director Division of Water Resources (DWR, formerly Division of Water Quality, DWQ) investigations and file reviews of the Seascape at Holden Beach Plantation site have revealed that the installation of approximately 1,000 linear feet of perforated pipe, 48 -inch in diameter, underground, near the ponds known as the "Lower Ponds". The Lower Ponds are in the area known as the Common Area of the current development. These pipes outlet at 2 locations of the downslope marina wall. DWR file review indicates that these pipes were installed approximately during the years of 1999 to 2000 and installed 8 to 10 feet below the ground surface with a gravel bed below the pipe to promote drainage. The DWR investigations and file reviews indicate that the pipes have lowered the groundwater table within its area of influence, and, thus, lowered the water levels in the Lower Ponds. The Lower Ponds were determined to be jurisdictional wetland features by the US Army Corps of Engineers as described in the Notification of Jurisdictional Determination, issued to Mark Saunders with Seascape at Holden Plantation, LLC, dated November 24, 2010. The installation of the pipes has resulted in an adverse impact upon the hydrology and vegetation of the wetlands which are violations of Title 15A North Carolina Administrative Code (NCAC) 02B .0231 (b) (5) and (6) which state the following: 15A NCAC 02B .0231(b) The following standards shall be used to assure the maintenance or enhancement of the existing uses of wetlands identified in Paragraph (a) of this Rule: (5) 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; (B) Natural water temperature variations; (C) The chemical, nutrient and dissolved oxygen regime of the wetland; (D) The movement of aquatic fauna; (E) The pH of the wetland; and (F) Water levels or elevations. (6) The populations of wetland flora and fauna shall be maintained to protect biological integrity as defined at 15A NCAC 2B .0202. State of North Carolina I Environmental Quality I Water Resources 1617 Mail Service Center I Raleigh, North Carolina 27699-1617 919 807 6300 Page 2 of 5 Timeline Seascape at Holden Plantation, LLC Seascape at Holden Plantation Property Owners Association, Inc. Brunswick County History 12/30/2008 Brunswick County online deed records indicate that Seascape at Holden Plantation, LLC owned the property and transferred ownership of the Common Area to Seascape at Holden Plantation Property Owners' Association (POA), Inc. on December 30, 2008 06/04/2009 On or about June 4, 2009, DWR staff conducted investigations and file reviews of the Seascape at Holden Beach site. The visits and file review revealed the installation of perforated piping system in and around the common area that drain and route water from the wetland area to the marina basin. DWR file review and observations have revealed that the perforated piping system has impacted the hydrology and vegetation of the wetland area which includes the Lower Ponds. Approximately 2 acres of wetlands have been impacted from this activity. 03/19/2010 DWQ Wilmington Regional Office 401 Permitting Program issued a Notice of Violation to Seascape at Holden Plantation, LLC citing a wetlands standard violation. 09/21/1999 SW Permit: DWQ Stormwater Program issued the original, low density, state stormwater management permit, SW89990913 Version 1.0, for Seascape at Holden Beach Phases 1 & 2 to Coastal Communities, Inc. Mark A Saunders is the President of Coastal Communities, Inc. The plans for the original permit did not show any of the 48 -inch diameter pipe near the Lower Pond. 03/08/2000 SW Permit: In response to the permittee's request, DWQ Stormwater Program issued a permit modification to Coastal Communities, Inc. Permit allows for minimum amount of piping shown on the approved plan that is associated with the outlet structures of the wetland ponds for the purpose of flood control. However, the outfall piping was not reviewed as part of the Permit Approval Process since it is not for storm water treatment. 04/23/2001 SW Permit: In response to the permittee's request, DWQ Stormwater Program issued a permit modification to Coastal Communities, Inc. Plans show approximately 300 linear feet of 48" RCP leaving the outlet structure for Eastern Pond (2) and approximately 480 linear feet of 48" RCP leaving the outlet structure for Western Pond (1). 04/02/2008 SW Permit: In response to the permittee's request, DWQ Stormwater Program issued a permit modification to Coastal Communities, Inc. For the marina area layout changes only. The approved plans show the same lengths and locations as on the 4/23/2001 approved plans. 04/16/2010 SW Permit: DWQ Stormwater Program Wilmington Regional Office received four separate Designer's Certifications with Professional Engineer's seals from Mr. Perry Davis for stormwater infrastructure at Seascape at Holden Plantation. Page 3 of 5 Timeline Seascape at Holden Plantation, LLC Seascape at Holden Plantation Property Owners Association, Inc. Brunswick County 09/26/2000 Applied Resource Management (ARM) completed a hydro -geological investigation at the site. Goals of the study were to: • Determine the volume of water needed to keep the ponds full during dry periods (waterfront lots apparently sold for %20 more) • Identify a groundwater resource in the vicinity of the ponds to keep the ponds full • "Determine the impact of installing perforated piping along the pond side of lots 177-183, the wetlands side of lots 136-138, and the southwest end of pond #2, adjacent to lots 31 and 32." --------------------------------------------------------------------------------------------------------------------------- 07/03/2003 DWQ issued a 401 WQC Project Number 20001078 Modification, to Seascape at Holden Plantation, Inc. This approval was for the construction of the marina and for wetland fill associated with the construction of the subdivision, including the installation of two concrete, outlet -riser structures in the Lower Ponds. ---------------------------------------------------------------------------------------------------------------------------- In 2003 Additional water supply wells constructed (12 total) to pump more water into Eastern Pond 11/01/2007 POA Board recognized that the ponds were under jurisdictional of the Clean Water Act as 404 and that an engineer had been hired for the leakage problems (POA Board meeting minutes) 02/21/2008 Engineer identified a problem of water loss into the ground and through the outfall pipe to the marina. Installation of a pneumatic plug to the outfall pipe identified as a possible solution(POA Board meeting minutes) 08/15/2010 DWQ was provided with the results of a well monitoring study initiated in June 2010 by Noelle Winstead of Cape Fear Engineering on behalf of Seascape at Holden Plantation, LLC in response to the 3/19/2010 Notice of Violation. The conclusions of the report states, "Although the monitoring well readings are not conclusive, it is possible the perforated outlet pipe at the eastern end of the lower pond may intercept an indeterminate amount of groundwater and direct it away from the pond. Because water naturally moves through the ground towards the nearest outlet, the perforated outlet pipe may be affecting the maximum elevation of the water level in the pond." In addition, the data included in the report shows a steady groundwater level in well #3 in the area of the eastern section of perforated piping between 8 to 8.5 feet below the surface. "Seascape is willing, without admission of wrongdoing, to remove the perforated outlet pipe and stone between the eastern outlet box and the road right-of-way." "Even if the Corps determines the area is still jurisdictional but the water level in the ponds does not rise under normal conditions this winter, Seascape will move forward with removal of the pipe within 120 days......." 02/11/2011 Nathaniel (Nat) Wilson of the Division of Water Resources evaluated ARM data and conclusions. Mr. Wilson indicated that the conclusions in the ARM report regarding the drainage capabilities of the 48 -inch perforated pipes are in error. The data collected from this study was not used properly and therefore, the hydraulic parameters calculated Page 4 of 5 Timeline Seascape at Holden Plantation, LLC Seascape at Holden Plantation Property Owners Association, Inc. Brunswick County are incorrect. The draining influence of the perforated piping (25 feet) is greatly understated in the report. A more correct measurement of the drainage influence of the perforated piping is on the order of 750 feet from the centerline of the pipes. By using the correct hydraulic parameters, the groundwater table would be lowered to approximately 8.5 feet below the surface in the immediate vicinity of the perforated piping system. 07/2011 DWQ proposed a hydrologic study to be conducted by the Division (DWQ, DWR) that would produce a water level contour map that would provide further technical support for the contention that the combined flood control /stormwater system is dewatering the Lower Pond and associated wetlands. However, the proposed study was not performed and has been placed on hold indefinitely. 12/21/2011 DWQ Wilmington Regional Office 401 Permitting Program issued a follow up letter to the 2010 Notice of Violation. This letter stated that one segment of the stormwater system as constructed does not match the approved site plan associated with the most recently approved permit plan. The letter also stated that the DWQ has evidence that the combined flood control/stormwater system is dewatering the Lower Pond and wetlands. The letter directed the permittee to address the discrepancies between the approved plan and the existing onsite system. The letter requests that a plan to replace perforated pipe with RCP be submitted by January 31, 2012 and that a final solution must be in place on site by August 1, 2012. 01/11/2012 An information request was made by Noelle Winstead under the North Carolina Public Information Act, Chapter 132 for all documents, letters, memoranda, reports, emails, etc. regarding the stormwater system for the site. The permittee was granted an extension of the plan submittal date to May 23, 2012. 06/15/2012 A response was received from the permittee's legal counsel after review of the documents received via the public information request. The response stated that, "In sum, the Notice of Violation should never have been issued, and no violation of any kind exists." The permittee then submitted an application for a stormwater permit plan revision to change the type of pipe on the plan to the perforated pipe that is installed. 07/03/2012 DWQ returned the application submitted to revise the plans since the December 2011 letter had directed the permittee to address the underlying issue of the dewatering of the Lower Pond and wetlands on the site. 07/05/2013 On or about July 5, 2013, a Complaint for Injunctive Relief was filed in Brunswick County Superior Court for the wetland violations on the subject site. On or about June 3, 2015, due to complexities of the case, the Attorney General's Office filed a Rule 41 Dismissal of the Injunction with an option to refile if needed. 11/10/2015 DWR Wilmington Regional Office issued a Notice of Violation and Recommendation for Enforcement (hereby known as NOVRE) to Seascape at Holden Plantation, LLC. This NOVRE summarized the ongoing violations requested the wetland restoration plan Page 5 of 5 Timeline Seascape at Holden Plantation, LLC Seascape at Holden Plantation Property Owners Association, Inc. Brunswick County be submitted. The NOVRE was delivered to Elaine Jordan, attorney for Seascape at Holden Plantation, LLC, by Brunswick County Sheriff on February 22, 2016. 07/05/2016 DWR Wilmington Regional Office issued the November 10, 2015 NOVRE to Seascape at Holden Plantation POA, Inc. DWR records indicate that the NOVRE was delivered to WASLAW, LLC, registered agent for Seascape at Holden Plantation POA, Inc., on July 8, 2016. 04/27/2017 DWR RO and CO Staff conducted a site visit 06/19/2017 DWR CO staff met with Charlie Smith and Art Artale 06/29/2017 DWR received a written response, dated 6/27/2017, from Charlie Smith, Al Artale, and Scott Sullivan. 09/27/2017 DWR received a written response, dated 9/21/2017, from Charlie Smith. Sept & Nov The Department of Environmental Quality (DEQ) received Public Information Requests 2017 from Charlie Smith 12/01/2017 To date, the perforated pipe remains in place and the impacts to the wetlands and Lower Pond are ongoing. DWR has not received a wetland restoration plan that addresses the approximately 2 acres of wetland impacts and the violations have not been resolved.