2017-9-21 Seascape Charlie Smith

733 Beaufain Street
Supply, NC 28462
September 21, 2017
Mr. Stanley J. Zimmerman
Director, NC Division of Water Resources
NC Department of Environmental Quality
1611 Mail Service Center
Raleigh, NC 27699-1611
Mr. James Gregson
Wilmington Regional Supervisor
NCDEQ Division of Water Resources
127 Cardinal Drive Ext
Wilmington, NC 28405
Mr. Jeffery Poupart
Chief Water Quality Permitting Section
Water Resources Division
NC Department of Environmental Quality
1611 Mail Service Center
Raleigh, N.C. 27699-1617
Gentlemen:
This letter is in regard to the North Carolina Department of Environmental Quality's
decision, I believe made in the week of June 19, 2017, to not pursue enforcement
actions with regard to a Continuing Notice of Violation issued by your Wilmington
Regional Office in early 2016, regarding the destruction of wetlands in a
development in Brunswick County known as Seascape at Holden Plantation.
I understand that this decision was made prior to our letter to you of June 27, 2017,
that I have enclosed for your information.
As was made absolutely clear to members of your staff in a meeting in the early
afternoon of June 19, 2017, and reiterated in a phone call to a member of your
enforcement staff on June 28, 2017, I, and a number of other owners of property at
Seascape, would like to have, on the record, the reasons and justifications
supporting your decision to not proceed with enforcement of the violations you
noted in a number of Notices of Violation and compliance orders regarding the
destruction of wetlands in the Seascape development

As you now well, this issue has been before your Department since mid -2009. You
have considerable incontrovertible evidence, analyses, and reports, developed over
the past eight years, as to the cause of the destruction of the wetlands. You also
knew, without any question, who the responsible party was.
Having said all that, it is incumbent upon you to provide the Seascape community
with DEQ's rational and decision base for not proceeding with enforcement. It is
unacceptable to provide such notification with a short, non -substantive, telephone
call without any supporting reason.
In that phone call, I reiterated our demand made in our meeting, referenced above,
for a written rationale for DEQ's abandonment of the enforcement action. The
individual that I talked with said that he "would mention" this to his supervisor. I
noted that my intent was not to have him merely "mention" this, but to have a
written explanation for DEQ's decision to abandon enforcement of the NOV.
Not having any response from him, as requested, l am writing you to obtain, on the
record, the reasons that you abandoned your obligation to enforce the NOV. A clear
obligation of government is to be transparent about decisions such as the one you
made on this issue and provide an understandable and acceptable rationale for your
actions.
By separate letter, I am also filing a Public Records request related to NCDEQ's
actions with respect to the most recently filed NOV.
If you would like to meet to discuss this and review your rationale for your decision,
we would be pleased to make ourselves available to meet at your convenience. I
may be reached at 910 846-2935 or by e-mail at [e-mail].
I look forward to a positive response from you.
Sincerely yours,
Charles mith
Enclosure

733 Beaufain Street
Supply, NC 28462
June 27, 2017
Mr. James Gregson
Wilmington Regional Supervisor
NCDEQ Division of WaterResources
127 Cardinal Drive Ext.
Wilmington, NC 28405
Mr. Jeffery Poupart
Chief, Water Quality Permitting Section
Water Resources Division
North Carolina Department of
Environmental Quality
1611 Mail Service Center
Raleigh, N.C. 27699-1611
Amy L. Bircher
Special Deputy Attorney General
Section Chief, Air, Water & Natural Resources,
Environmental Division
Office of the Attorney General
114 W. Edenton Street
Raleigh, NC 2760
Dear Mr. Gregson, Mr. Poupart and Ms. Bircher:
The North Carolina Division of Environmental Quality (NCDEQ) is continuing to
pursue enforcement of a Continuing Notice of Violation (NOV) regarding the
destruction of the wetlands associated with the lower ponds located within the
Seascape at Holden Plantation development. NCDEQ is apparently on the verge
of making a decision whether to refer the issue to the Attorney General's office
for possible litigation.
NCDEQ (then DENR) began their involvement with this issue in April 2009. Now
in mid 2017, we find ourselves at end of a very long, tortuous road. The first NOV
was issued to Mark Saunders, the developer of Seascape, in March 2010; a letter
of compliance was issued in December 2011; a Complaint for injunctive Relief
was filed in July 2013; and, a Continuing NOV was issued in early 2016.

Over seven years have elapsed since the initial NOV directing Saunders to abate
the violation. No actions have been taken by Saunders in compliance with the
NOVs to abate the violation. That, in and of itself, is cause for wonderment.
To add insult to injury, it has only now become clear that the responsibility for
the abatement of the ongoing violation regarding the destroyed wetlands would
fall not only on the party that is clearly and obviously responsible for the violation
— Mark Saunders - but also on the Seascape Property Owners Association (SSPOA)
as an interested party.
That is so wrong that it begs belief.
As everybody who has been involved with this issue for any length of time knows
full -well that the Seascape POA is controlled completely by Saunders. As the
developer he was solely responsible for the installation of the "stormwater"
piping system (in reality, a massive French drain) that drained the ponds and
destroyed the wetlands.
As you know, Saunders has complete control over the Seascape POA, and with
full knowledge of his historical refusal to accept responsibility for maintaining
other common elements that he owns within Seascape, it is virtually inevitable
that Saunders would direct the SSPOA to accept complete responsibility for
abating the ongoing violations. That would unfairly place the total burden on the
SSPOA and, by extension, on the property owners.
Based on our most recent discussions, not only with representatives of the North
Carolina Attorney General's office, but with NCDEQ officials most directly
engaged with decisions regarding enforcement of the most recent NOV, we
believe that it is not in the best interests of the owners of property at Seascape at
Holden Plantation for such enforcement actions to be brought for the reason
noted above.
On balance, despite the extensive history of this issue that was discussed
thoroughly at our most recent meetings and the clear nature of who is at fault,
we would urge NCDEQ to forego enforcement of the NOV. That is a bitter pill to
swallow.
We believe, without question, that is wrongheaded that the property owners of
Seascape have been placed in the position to now object to NCDEQ pursuing this
enforcement action. Any enforcement action by the State that would require the
Seascape POA to shoulder the financial burden to abate the violation caused
solely by Saunders' actions works against our interests.

We do not, in any respect, desire that outcome. Given our discussion with
NCDEQ's enforcement staff, we are incredibly disappointed that they can offer no
alternative solution to this issue. That is wrong from so many perspectives.
We sought the State's help and find that the "help" offered, in fact, will make the
victims, not the perpetrator, pay for the abatement of a clear and obvious
environmental violation caused by the developer — Mark Saunders. We object
strongly to that outcome.
Should you have any questions related to this, you may contact the undersigned
at charliemsl atmc.net; tel. no. 910 846-935; Al Artale at
al [e-mail]; tel. no. 910 842-4763; or Scott Sullivan at
[e-mail]; tel. no. 910842-8159.
Sincerely yours,
�-
CC: Honorable Michael S. Regan
Honorable Josh Stein
Mr. Bill lane
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