2017-4-12 Seascape FD DRAFT

STATE OF NORTH CAROLINA
COUNTY OF BRUNSWICK
IN THE MATTER OF:
Seascape at Holden Plantation, LLC, and
Seascape at Holden Plantation Property Owner's
Association, Inc.
FOR VIOLATIONS OF:
15A NCAC 02B.0231 (b) (5) _
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENTAL QUALITY
CASE NO. WT -2017-0001
FINDINGS AND DECISION
AND ASSESSMENT OF
CIVIL PENALTIES
Acting pursuant to North Carolina General Statutes (hereby known as G.S.) 143-215.6A, I,
Jeffrey O. Poupart, of the Division of Water Resources (hereby known as DWR), make the
following:
I. FINDING OF FACT
_Seascape at Holden Plantation, LLC is listed as the Financially Responsible Party
for the development of site known as Seascape at Holden Beach, according to
files from the DWR (formerly Division of Water Quality) and the Division of
Energy, Mineral and Land Resources. (this can be RO , for
application)
(A, orB&C?)
9- E7--- 11
D. DWR file indicates that Seascape at Holden Plantation, LLC was financially
responsible for developing and the site known as Seascape at Holden Beach in
Brunswick County which includes the common area between Seascape Boulevard
and Versailles Boulevard.
E. Seascape at Holden Plantation, LLC is a corporation organized and existing under
the laws of the State of North Carolina.
F. On or about December 13, 1999, the "Master Declaration of Covenants
Conditions, Restrictions and Easements for Seascape at Holden Plantation" was

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Seascape at Holden Plantation Property Owner's Association, Inc.
Brunswick County
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recorded at the Brunswick County Register of Deeds in Deed Book 1347 and
pages 274 to 301.
G. Brunswick County online records indicate that the ownership of the common area,
as described above, transferred from Seascape at Holden Plantation, LLC to
Seascape at Holden Plantation Property Owner's Association, Inc. on or about
December 31, 2008.
H. Seascape at Holden Plantation Property Owner's Association, Inc. is organized
and existing under the laws of the State of North Carolina.
I. The common area includes the pond features known as the "Lower Ponds". The
Lower Ponds were determined to be jurisdictional wetlands as noted by the US
Army Corps of Engineers (hereby known as USACE) as noted in the Notification
of Jurisdictional Determination letter dated November 24, 2010.
J. 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.
K. Title 15A North Carolina Administrative Code (hereby known as 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; (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.
L. Title 15A NCAC 02B .0231(b)(6) requires that the populations of wetland flora
and fauna shall be maintained to protect biological integrity as defined at Title
15A NCAC 02B .0202.
M. Title 15A NCAC 02B .0202 (11) states that biological integrity means the ability
of an aquatic ecosystem to support and maintain a balanced and indigenous
community of organisms having species composition, diversity, population
densities and functional organization similar to that of reference conditions.
N. On March 19, 2010, the DWQ Wilmington Regional Office issued a Notice of
Violation for violations of Title 15A NCAC 02B .0231. DWR has received

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Seascape at Holden Plantation Property Owner's Association, Inc.
Brunswick County
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various responses and has had several communications with representatives of the
involved parties.
O. 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.
P. On October 26, 2015, DWR conducted an additional site and observed no
indication that the perforated pipes have been removed and that the impacts to the
wetlands were ongoing.
Q. On November 10, 2015, DWR 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 be submitted.
R. On February 22, 2016, the NOVRE was delivered to the attorney of Seascape at
Holden Plantation, LLC, Elaine Jordan, by Brunswick County Sheriff.
S. On July 5, 2016, DWR issued the November 10, 2015 NOVRE to WASLAW,
LLC, registered agent for Seascape at Holden Plantation POA, Inc.
T. On April 27, 2017, DWR conducted an additional site and observed no indication
that the perforated pipes have been removed and that the impacts to the wetlands
were ongoing.
U. To date, DWR has not received a wetland restoration plan to address the wetland
impacts and the violations have not been resolved.
The im acts have occurred to wetlands, Ulass WL waters within the Lumber
W. The cost to the State of the enforcement procedures in this matter totaled $277.04,
which includes the period from the October 26, 2015 site visit to the date of this
assessment document.

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Seascape at Holden Plantation Property Owner's Association, Inc.
Brunswick County
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Based upon the above Finding of Fact, I make the following:
II. CONCLUSION OF LAW
A. Seascape at Holden Plantation, LLC is a "person" within the meaning of G.S.
143-215.6A pursuant to G.S. 143-212 (4).
B. Seascape at Holden Plantation Property Owner's Association, Inc. is a "person"
within the meaning of G.S. 143-215.6A pursuant to G.S. 143-212 (4).
C. The wetlands located at the site constitute waters of the State within the meaning
of G.S. 143-212 (6).
D. Seascape at Holden Plantation, LLC and Seascape at Holden Plantation Property
Owner's Association, Inc. violated Title 15A NCAC 02B .0231 (b) (5) and (6) by
impacts to approximately 2 acres of wetlands from the installation of perforated
piping system from October 26, 2015 to April 27, 2017.
E. Seascape at Holden Plantation, LLC and Seascape at Holden Plantation Property
Owner's Association, Inc. may be assessed civil penalties in this matter pursuant
to G.S. 143-215.6A (a)(1), which provides that a civil penalty of not more than
twenty-five thousand dollars ($25,000) per violation per day may be assessed
against a person who violates any classification, standard, limitation, or
management practice established pursuant to G.S. 143-214.1, 143-214.2, or 143-
215.
F. Seascape at Holden Plantation, LLC and Seascape at Holden Plantation Property
Owner's Association, Inc. may be assessed civil penalties pursuant to G.S. 143-
215.6A (a)(6) which provides that a civil penalty of not more than twenty-five
thousand dollars ($25,000.00) per violation per day may be assessed against a
person who violates a rule of the Commission implementing this Part, Part 2A of
this Article, or G.S. 143-355(k).
G. The State's enforcement cost in this matter may be assessed against Seascape at
Holden Plantation, LLC and Seascape at Holden Plantation Property Owner's
Association, Inc. pursuant to G.S. 143-215.3 (a)(9) and G.S. 143B-282.1 (b)(8).
H. Jeffrey O. Poupart of the Division of Water Resources, pursuant to delegation
provided by the Secretary of the Department of Environmental Quality and the
Director of the Division of Water Resources, has the authority to assess civil
penalties in this matter.

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Seascape at Holden Plantation Property Owner's Association, Inc.
Brunswick County
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Based upon the above Findings of Fact and Conclusions of Law, I make the following:
III. DECISION
Accordingly, Seascape at Holden Plantation, LLC and Seascape at Holden Plantation Property
Owner's Association, Inc. are hereby assessed, jointly and severally, a civil penalty of:
$ for violations of Title 15A NCAC 02B .0231 (b) (5) and (6) by
impacts to proximately 2 acres of wetland from the installation
of perforated piping system from October 26, 2015 to April 27,
2017.
$ TOTAL CIVIL PENALTY, authorized by G. S. 143-215.6A
$ Enforcement Cost
$ TOTAL AMOUNT DUE
As required by G.S. 143-215.6A(c), in determining the amount of penalty, I considered the
factors set out in G. S. 14313-282.1(b), which are:
(1) The degree and extent of harm to the natural resources of the State, to the public health,
or to private property resulting from the violations;
(2) The duration and gravity of the violations;
(3) The effect on ground or surface water quantity or quality or on air quality;
(4) The cost of rectifying the damage;
(5) The amount of money saved by noncompliance;
(6) Whether the violations were committed willfully or intentionally;
(7) The prior record of the violator in complying or failing to comply with programs over
which the Environmental Management Commission has regulatory authority; and
(8) The cost to the State of the enforcement procedures
Date Jeffrey O. Poupart
Division of Water Resources