HomeMy WebLinkAboutSW8881211_Compliance Evaluation Inspection_20190819STATE OF NORTH CARO1LINA, Department of Environmental Quality,
127 CardinalDrive-Extension, Wilmington, North Carolina 25405 (910) 796-7215
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A
DEQ SECTION: REVIEW TIME /BATE
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G:/ADM/Shared/Fiie Review Access Form rev 2018
STATE OF NORTH CAROLINA
Department of Environmental and Natural Resources
127 Cardinal Drive Extension
Wilmington, North Carolina 28405
(910) 796-7215
FILE ACCESS RECORD
SECTION ,,nW
T1MEMATE 7 61 Z15
NAME
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 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. 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
I. 1�11 bYk
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4.
Signature and Name of Firm/Business
Please attach a business card to this form
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S:Admin.file access
Date Tune In Time Out
INVOICE
STATE OF NORTH CAROLINA
Department of Environmental and Natural Resources
127 Cardinal Drive Extension
Wilmington, North Carolina 28405
(910) 796-7215
FILE ACCESS RECORD
SECTION
TMEMATE ; _ i� 2c'
NAME kr't . � Vl%
41
REPRESENTING
Guidelines for Access: The staff of Wilmington Regional Office is dedicated to snaking 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 3:001pm. 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 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. 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
1. DO Rd
2. .3-3
3. 01JD6 3
4. 'Dyto
COUNTY
Sigh a d ame of FirmBusin ss ate Time In Time Out
Ple" e aeh a business card to this form ,
COPIES MADE 42-, P .(6 INVOICE
S:Admin.file access
Hall, Christine
From: Phil Tripp <ptripp@trippengineering.com>
Sent: Thursday, July 23, 2015 2:00 PM
To: Hall, Christine
Cc: mstocks@bellsouth.net
Subject: Notice of Inspections
Christine,
Hi, hope you are well.
We are in receipt of 3 NOI's issued July 9, 2015 by your office.
1. Jackey's Creek Phase 1 SW8 881211
2. Jackey's Creek Phase 3 SW8 000623
3. Waterberry Plantation SW8 050640
We plan to address all of the above within 90 days.
Please contact us with questions, comments or if you need additional information.
Thank you,
Phil
91r
04CDE SIR
North Carolina Department of Environment and Natural Resources
Pat McCrory
Governor
July 9, 2015
Mr. Jack Stocks
Jackey's Creek Devleopment, Inc.
211 North 5tn Ave.
Wilmington, NC 28401
Subject: Notice of Inspection - Not Compliant
Jackey's Creek Phase
State Stormwater Management Perm^t No. SW8 881211
Brunswick County
Dear Mr. Stocks:
Donald van der Vaart
Secretary
On July 8, 2015, the Wilmington Regional Office of the Division of Energy, Mineral and Land Resources
(DEMLR) inspected Jackey's Creek Phase i, located on Timber Ridge Ct. off Jacky's Creek Lane and
NC 133 in Brunswick County to determine the status of compliance with the State Stormwater
Management Certification of Compliance Number SW8 881211 re -issued on November 8, 1994.
DEMLR file review and 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:
In an attempt to locate a current address, we reviewed the NC Department of the Secretary of
State's corporate status information about the company. The review revealed that the
corporation was administratively dissolved on July 21, 2011 pursuant to the procedure set for in
N.C.G.S Section 55-14-21.
Pursuant to NCGS 55-14-05(a), a dissolved corporate entity continues its corporate business
but may not carry on any business except those acts necessary to wind up and liquidate its
business and affairs. Please either work with the Secretary of State to reinstate this corporation
or, per the second paragraph of the certification re -issued on November 8, 1994, take actions
necessary to transfer the state stormwater permit to the home owners association.
Please inform this Office in writing before August 10, 2015, of the specific actions that will be
undertaken and the time frame that will be required to correct the deficiencies. Failure to provide the
requested information, or to respond to this letter by the due date, may initiate enforcement action
including the assessment of civil penalties of up to $25,000 per day. If a written plan of action is not
submitted to this office by August 10, 2015 then DEMLR staff will re -inspect the site and issue a Notice
of Violation if the listed deficiencies have not been addressed.
If the property covered by this permit has been/will be sold or.legally conveyed to another entity or if the
permit holder has changed its name and/or mailing address, or if the project name has been changed, it
is your responsibility as the permittee to submit a completed and signed Name/Ownership change form
to DEMLR at least 30 calendar days prior to making the changes. These forms are available on our
website at: http://r)ortal.ncdenr.or4/web/Ir/state-stormwater-forms does.
Division of Energy, Mineral, and Land Resources
Land Quality Section - Wilmington Regional Office
127 Cardinal Drive Extension, Wilmington, North Carolina 28405
(910) 796-7215 1 Fax: (910) 350-2004 - Internet: htp:l/ ortal.ncdenr.org/web/Ir/
Jackey's Creek Development, Inc.
July 9, 2015
If you have any questions, please contact me at the Wilmington Regional Office, telephone
number (910)-796-7215 or via email at christine.hall@ncdenr.gov.
Sincerely,
Christine Hall
Environmental Engineer
Enc: Compliance Inspection Report
GDS\canh: \\\Stormwater\Permits & Projects\1988\881211 LD\2015 07 CEI_deficient 881211
cc: James Teachey, Registered Agent; Jackey's Creek Development Inc.; 1430
Commonwealth Dr.; Wilmington, NC 28403
Georgette Scott, Wilmington Regional Office Stormwater Supervisor
WiRO Stormwater File
Page 2 of 2
Corporations Division
Page 1 of 1
North Carolina
jain ' F Marsh�"tl ��AR��r1 � i� t OF Ti E
Secretary SECRETARY OF STATE
a, PO Box 29M Raler2h. NC 2MG-0e22 (919)W7-200r,
Click Here To:
View Document Filings File an Annual Report Print a Pre -Populated Annual Report form
Amend a Previous Annual Report
Corporate Names
Legal: Jackey's Creek Development, Inc.
Business Corporation Information
Sosld: 0225587
Status: Multiple
Annual Report Status: Not Applicable
Citizenship: Domestic
Date Formed: 3/25/1988
Fiscal Month: December
State of Incorporation: NC
Reaisterad Anant- Teachey, James F.
Corporate Addresses
Reg Office: 1430 Commonwealth Drive
Wilmington, NC 28403
Reg Mailing: 1430 Commonwealth Drive
Wilmington, NC 28403
Mailing: 3901 Oleander Dr
Wilmington, NC 28403-6712
Officers
Stock
Class: COMMON
Shares: 100000
Par Value: 1
Account
Login
Register
http://wvvw.secr_etary.state.nc.us/SearcrJprofco.p/4834638 6/12/2015
NOTICE TO REGISTERED AGENT:
Under N.C.G.S. Section 55D-30(b), it is the duty of the registered agent to forward this certificate to the business entity at the last known
address.
Jackey's Creek Development, Inc. (0225587)
1430 Commonwealth Drive
Wilmington, NC 28403
State of North Carolina
Department of the Secretary of State
CERTIFICATE OF DISSOLUTION
I, Elaine F. Marshall, Secretary of State, as mandated by law, do hereby certify that
Jackey' s Creek Development, Inc.
has been administratively dissolved pursuant to the procedure set forth in N.C_G.S. Section 55-14-21
for failure to file an annual report effective as of the date set forth hereunder.
A corporation administratively dissolved under N.C.G.S. Section 55-14-21 may apply to the Secretary
of State for reinstatement by complying with the procedure set forth in the N.C.G.S. Section 55-14-22.
This the 21st day of July, 2011
Elaine F. Marshall
Secretary of State
Document Id: C201119406681
OgpA
'Ma a
State of North Carolina
Elaine F. Marshall SECRETARY OF STATE Department of the Secretary of State
April 27, 2011
Jackey's Creek Development, Inc.
James F. Teachey, , Agent
1430 Commonwealth Drive
Wilmington, NC 28403
Cheri L. Myers
DIRECTOR OF CORPORATIONS
NOTICE OF GROUNDS FOR ADMINISTRATIVE DISSOLUTION OF: Jackey's Creek Development,
Inc.
Recently, this office conducted an internal review of the annual reports filed for all business entitys in
North. Carolina. Unfortunately, the review indicates that the above referenced business entity is not in
compliance with the North Carolina Business Entity Act and is delinquent in delivering eight (8) annual
report(s). '
The Secretary of State is authorized by N.C.G.S. 55-14-21 to administratively dissolve a business entity if
one or more grounds for dissolution exist. Please note that while the dissolution process has not yet been
concluded, this Notice is the first step of the dissolution process. In order to prevent administrative
dissolution, the business entity must file the appropriate annual report(s) within sixty (60) days from the
date of this Notice.
Determinina Annual Reports Due
You may view a listing of annual reports previously submitted to the Secretary of State's Office by
clicking the link to the Corporations Division web pages at www.sosnc.com. You will need to search for
your company by name, then click "File Annual Report Online." This will bring you to a listing of annual
reports submitted. From this page you will be able to see if an annual report was submitted but not filed
due to an error which to date has not been corrected and/or determine how many annual reports are
required to become compliant. The due date for filing a Business Entitys annual report is the fifteenth
day of the fourth month following the fiscal year end date.
Online Filinn
Utilize the above referenced link to the entity profile page, then click on "File an Annual Report" at the
top of the page and follow the directions. The Fee is $20.00.
Paler Filing
You may also print a pre -populated form from the same web page by clicking "Print a pre -populated
annual report form." If there are any changes, cross out the old information and enter the correct
information, then mail the report and fees to the Corporations division at the address on the bottom of the
form. The fee is $25.00.
If you have any concerns or experience any technical difficulty with the filing process, please contact our
staff at (919) 807-2225.
Respectfully,
The Corporations Division
State Stormwater Inspection Report
General
Project Name:
Permit No: SW8
Expiration Date:
Contact Person:
Phone Number:
Inspection Type:
Inspection Date:
Time In:
Time Out.
Current Weather:
Recent Rain (Date)?
Rain — in
Location
Facility Address / Location:
City: Zip: County: Lat: ° " Long: - "W N
Permit Information
Rule Subject to (circle one): 1988 Coastal Rule 1995 Coastal Rule 2008 Coastal Rule Session Law 2006-246
Goose Creek High Quality Waters Outstanding Resource Waters
Density (circle one): High (HD) Low (LD)
Stormwater Best Management Practices (BMPs) (insert number of each):
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?
oa
2. Signed Engineer's Certification on file?
3. Signed Operation and Maintenance agreement on file?
4. Recorded Deed Restrictions on file?
Site Visit- Built Unnn Area fRUA)
Yes Nn N/A N/E
5. BUA is constructed and consistent with the permitrequirements?
6. BUA aspermitted) is graded such that the runoff drains to the system? h density only)
7. Drainage area is consistent withpermit? i.e. no un ermitted drainage to the SW BMPs)
8. Drainage area is stabilized? (to reduce risk of sedimentation to the SW BMPs)
Site Visit- Stnrmwater BMPs
Ya_a Nn NIA N/E
9. Stormwater BMPs are located per the approvedplans?
10. Stormwater_BMPs have dimensions (e . length, width, area) matching the approved Tans?
11. Stormwater BMPs are constructed per the approvedplans?
Site Visit: Oneration 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, 1995 — present only)
Site Visit: Other Permit Conditions Yes No N/A N/E
17. Is the site compliant with other conditions of the permit? I v
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 3A_3-09 Page 1 of 2
State Stormwater Inspection Report
InS ection Pictures (some of the pictures taken during the site visit)
Compliance Status ❑ Compliant 0 Non -Compliant
Letter Sent (circle one): Yes No Letter type: CEI NOV NOVRE Other
Date Sent: Reference Number:
Inspector Name and Signature: Date:
State Stormwater Inspection Report, Version 3.0_3-09 Page 2 of 2
State of North Carolina
Department of Environment, Health, and Natural Resources
Wilmington Regional Office
James B. Hunt, Jr., Governor DIVISION OF ENVIRONMENTAL MANAGEMENT Bob Jamieson
Jonathan B. Howes, Secretary WATER QUALITY SECTION Regional Manager
October 12, 1994
CERTIFIED MAIL P 884 655 591
RETURN RECEIPT REQUESTED
Mr. Jack Stocks, R.L.S.
211 North Fifth Avenue
Wilmington, North Carolina 28401
Subject: NOTICE OF VIOLATION
Jackey's Creek
Stormwater Project No. 881211
Brunswick County
Dear Mr. Stocks:
On April 25, 1994, Wilmington Regional Office personnel performed a Compliance Inspection of
the project known as Jackey's Creek, located near Belville in Brunswick County, North Carolina. The
inspection was performed to determine the status of compliance with Stormwater Certification Number
881211, issued to you on February 3, 1989.
The project has been found in violation of Stormwater Certification Number 881211, issued
pursuant to the requirements of 15A NCAC 2H. 1003 (a) (3). The violations found are:
1. Failure to record deed restrictions that ensure the subdivision maintains development
consistent with the approved plans, ie., the built -upon area allowance of 3,700 square feet
per lot is not part of the recorded deed restrictions.
2. Failure to record deed restrictions that make the State a beneficiary of the restrictions
pertaining to the allowable built -upon area per lot.
To correct these violations you must :
1. Provide a written "Plan of Action" which outlines the actions you will take to correct the
violations and a time frame for completion of those actions, on or before November 12,
1994.
127 Cardinal Drive Extension, Wilmington, N.C. 28405-3845 • Telephone 910-395-3900 • Fax 910-350-2004
An Equal Opportunity Affirmative Action Employer
Mr. Stocks
October 12, 1994
Stormwater Project No. 881211
-----------------------------------------------
2. Record amended deed restrictions immediately, and submit a copy of the recorded
documents to this Office.
3. Forward one copy of the subdivision plans to this Office, as previously requested on May
3, 1994.
Failure to provide the "Plan of Action" 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 and criminal 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 withhholding 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 either Ms. Linda Lewis or Mr. Dave
Adkins at (910) 395-3900.
RSS:\arl S:\WQS\STORMWAT\NOTICE\881211.00T
cc:
Sincerely,
r,I�C (�L- )11lx.:'-Cr-
Mr. Rick Shiver, P.G.
Regional Supervisor
Mr. Robert Tucker, Brunswick County Building Inspections
Bradley Bennett
Linda Lewis
Central Office
�•068 1 In. 5q
STATE OF NORTH CAROLINA DECLARATION OF RESTRICTIONS
COUNTY OF BRUNSWICK JACKEY'S CREEK PLAN ror,,rV8 . IT!
I
PHASE IA
1051
94 FED 16 PN 1: 29
KNOW ALL MEN BY THESE PRESENTS, that the undersigned, JackeyIs a
Creek Development, Inc., is the owner of all the intarest and
equity in that certain subdivision in Brunswick County;;'Northi�yf
Carolina, known as prepared by Jack Plantation,
RegPhase istereii'tfid Land
is shown on map prepared
Surveyor, which is recorded in Nap Cabinet Y, at Page 30, in the
office of the Register of Deeds of Brunswick County, containing 11
lots, and in order to promote a uniform and harmonious development
of said subdivision as a desirable residential community, does
hereby place and impose on all of said lots, and all of said lots
shall be conveyed subject to, the following restrictions or
restrictive covenants, which shall run with the land and be binding
upon said lots and whomsoever owns the same, to -wit:
1. No lot or lots shall be put to any use other than for
residential purposes.
f. Duo building shall be erected, altared, placed upon,
or permitted to remain on any lot other than one detached single
family dwelling not to exceed two and one-half stories in height,
and a private garage. No such garage shall be more than two (2)
stories in height and may be used for living quarters, either for
guests, members of the family or servants, and the construction or
maintenance of so-called "rental garage -apartments" on any lot is
expressly prohibited.
3. No dwelling shall be constructed or permitted to
remain on any lot the square footage of which is less than 1,700
square feet. said square footage shall not include porches, garage
areas or carport areas, and the said square footage shall be
computed by measuring from the exterior walls of said dwelling.
4. The Developer reserves the right to subject the real
property in this subdivision to a contract with Brunswick Electric
Membership Cooperative for the installation of street lighting
which will require a continuing monthly payment to Brunswick
Electric Membership Cooperative by the owner of each lot.
S: No building shall be located on any lot nearer than
fifty (So) feet from the front property line or fifteen (15) feet
from any side street line. No building or.strueture of any kind
shall be located on any lot nearer than a distance of fifteen (15)
feet from any side lot line, however, if the owner of two or more
cdjoining letm Shall elect to ues them for one residence, the
boundary line or lines between the lots so used shall not be
regarded as side boundary lines of the lots. In computing the
front and side setback distances called for in these restrictive
covenants, the measurements shall be from the base oz ground level
�. of the building or structure, and neither the overhr—ig or eaves,
not in excess of three (3) fast, nor the establishment of stoops or
steps within the setback area, shall be considered a violation of
this covenant. In the event of the unintentional viol,ation of any
of the building line restrictions herein not forth, the undersigned
reserves the right, by and with the mutual consent in writing of
the owner or owners at such time of the lot or lots affected
thereby, to change 'such restrictions accordLnglyi provided,
however, that such change shall not exceed ten perear. (10%) of the
marginal. requirements of the building line restrictions existing as
to such lot.
6. The design of all buildings erected or H.oved onto any
lot (including exterior storage buildings, detached garages, dog
houses, other detached structures, and structural additions to th1
main dwelling) shall be subject to the approval of the Developer or
of some person or persons designated by it to pass upon said
designs. Upon written request of a lot owner for approval'of
plane, the Developer, or its duly authorized ar+nt shed} haye
..Vv.
;i968 1059
fifteen (15) days within which to approve or disapprove. if
approval or disapproval is not given within ten (io) dayo, such
required; but the design of the proposed
approval will not be
building must be in harmony with the existing structures in this
subdivision.
7. All dwellings must be of wood, brick veneer, or of
concrete block only if completed with a brick veneer or stucco
facing with an architectural design appropriate to the area, or of
vinyl siding or composition board, or any other type of synthetic
building material approved by the Developer. Exterior storage
buildings, detached garages, other detached structures, and
structural additions to the main dwelling must be constructed out
of the same materials as the main dwelling, and must haveitthe is Bathe
color and general appearance as the main dwelling.
express intention of the Developer to maintaina uniform
ni fost rm general
of
development with respect to design, size, type,
appearance of all structures upon the lots in the subdivision.
S. The Developer reserves for itself, its successors and
assigns, an easement in and the right at any time in the future to
grant a right-of-way under, over, and along the side, rear and
front property lines of each and every lot in the subdivision
described pipesn and others equipmentn and necessary maintenance
of lines,
for the useful for
conduits,
furnishing electric powergas, telephone service, cable television
service, and/or other utulitoiieess, inc
, luding water and sewer
services, or for drainage p rp
9. No fence or other obstruction exceeding six (6) feet
in height shall extend nearer the street than the rear setback line
of the main dwelling constructed on the lot. All fences in the
subdivision must be approved by the Developer as to design, height,
type, and general appearance and any
fences built
us ltathereafter must
be of the same design, height, type,
10. It shall be the duty of each homeowner to keep his
or her property in a neat and tidy condition, well maintained, with
no unsightly debris or litter or the like in view. No noxious or
offensive trade or activity shall be carried on or maintained on
any lot, nor shall any activity be conducted which constitutes an
annoyance or nuisance to the neighborhood. If yards are not
properly maintained, they shall be cleaned up at the ownerls
expanse. Sunk care, blocked -up cars, inoperative machines and
similar eyesores shallnot beNo mechanical or maintenancelaced or peitted O remain on work shalltbe
street or property.
done on cars or other machinery or equipment in the front yard or
side yard of any home, or in the street in front of any home; such
work maybe done only in back yards. Boats, recreational vehicles,
and other similar vehicles may not be parked in the front yard or
side yard of any home, or in the street in front of any home; all
such boats and vehicles may be parked only in the back yard behind
a home and not visible from the street. semi -trucks, tractor -
trailer rigs and similar commercial vehicles are strictly
prohibited.
11. No commercial trade or activity shall be carried on
upon any lot.
12. It shall be the obligation of each property owner to
maintain, to the original construction depth, all drainage ditches
located upon his or her lot. Any construction of culverts or other
construction along or across said ditches must be done so that the
free flow of water from subsurface drainage is not Juterrupted or
interfered with. If a property owner elects to tiles the entire
ditch running along his or her property, then such property owner
must install a catch basin at one of his or her property lines,
basinwhich catch
Tres sportationst ndards ands North Carolina
must be approvedin Department Citing by the
Dede I oper
RVAl-4. n0'umsc;N a SAM . P.C.
Wnw..otor. W0u1.. C^wx~ 2es02 0195
DIVISION OF ENVIRONMENTAL MANAGEMENT
MEMO TO: Mr. Robert Tucker, Brunswick County Engineer
FROM: Linda Lewis
DATE: October 12, 1994
SUBJECT: Jackey's Creek Subdivision
Dear Mr. Tucker:
Enclosed is a copy of the Notice of Violation issued to Mr. Jack Stocks for failing to
record the appropriate deed restrictions for this project. If possible, I would like to ask you or the person
responsible for issuing building permits and Certificates of Occupancy in Jackey's Creek subdivision, to
please consider withholding those permits until this matter is resolved. Mr. Stocks has ignored this
Office's request to provide deed restrictions since May, 1994. Also attached is a copy of the recorded
restrictions, and you can see that they were recorded on February 16, 1994 without the built -upon area
limitation of 3,700 square feet. We are trying to get the attention of the Certification holder, and
withholding building permits and C of O's is a very effective weapon. I would be most appreciative if
you can help us out.
Thank you.
Linda Lewis
DA/arl: S:\WQS\STORMWAT\MEMOS\881211.00T
cc: Linda Lewis
a
State of North Carolina
Department of Environment, Health, and Natural Resources
Wilmington Regional Office
James B. Hunt, Jr., Governor DIVISION OF ENVIRONMENTAL MANAGEMENT Bob Jamieson
Jonathan B. Howes, Secretary WATER QUALITY SECTION Regional Manager
October 12, 1994
CERTIFIED MAIL P 884 655 591
RETURN RECEIPT REOUESTE,D
Mr. Jack Stocks, R.L.S.
211 North Fifth Avenue
Wilmington, North Carolina 28401
Subject: NOTICE OF VIOLATION
Jackey's Creek
Stormwater Project No. 881211
Brunswick County
Dear Mr. Stocks:
On April 25, 1994, Wilmington Regional Office personnel performed a Compliance Inspection of
the project known as Jackey's Creek, located near Belville in Brunswick County, North Carolina. The
inspection was performed to determine the status of compliance with Stormwater Certification Number
881211, issued to you on February 3, 1989.
The project has been found in violation of Stormwater Certification Number 881211, issued
pursuant to the requirements of 15A NCAC 2H.1003(a)(3). The violations found are:
1. Failure to record deed restrictions that ensure the subdivision maintains developinent
consistent with the approved plans, ie., the built -upon area allowance of 3,700 square feet
per lot is not part of the recorded deed restrictions.
2. Failure to record deed restrictions that make the State a beneficiary of the restrictions
pertaining to the allowable built -upon area per lot.
To correct these violations you must :
1. Provide a written "Plan of Action" which outlines the actions you will take to correct the
violations and a time frame for completion of those actions, on or before November 12,
1994.
127 Cardinal Drive Extension, Wilmington, N.C. 28405-3945 • Telephone 910-395-3900 • Fax 910-350-2004
An Equal Opportunity Affirmative Action Employer
Mr. Stocks
October 12, 1994
Stormwater Project No. 881211
2. Record amended deed restrictions immediately, and submit a copy of the recorded
documents to this Office.
3. Forward one copy of the subdivision plans to this Office, as previously requested on May
3, 1994.
Failure to provide the "Plan of Action" 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 and criminal 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 withhholding 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 either Ms. Linda Lewis or Mr. Dave
Adkins at (910) 395-3900.
RSS:\arl S:\WQS\STORMWAT\NOTICE\881211.00T
cc:
Sincerely,
Mr. Rick Shiver, P.G.
Regional Supervisor
Mr. Robert Tucker, Brunswick County Building Inspections
Bradley Bennett
Linda Lewis
Central Office
r. 368 10154
STATE OF NORTH CAROLINA DECLARATION OF RESTRICTIONS
COUNTY OF BRUNSWICK JACKEY' S CREEK PLAN' rnyj-.rr
rp18 MAY
IA ''
94 FEB 16 PH 1:29
KNOW ALL MEN BY THESE PRESENTS, that the undersigned, JackeyIs
Creek Development, Inc., is the owner of all the interest, and
equity in that certain subdivision in Brunswick County�;'Northrl4A
Carolina, known as Jaekey's Creek Plantation, Phase IA,"as'ths same
is shown on map prepared by Jack G. Stocks, Registered Land
Surveyor, which is recorded in Map Cabinet Y, at Page 30, in the
office of the Register of Deeds of Brunswick County, containing li
lots, and in order to promote a uniform and harmonious development
of said subdivision as a desirable residential community, does
hereby place and impose on all of said lots, and all of said lots
shall be conveyed subject to, the following restrictions or
restrictive covenants, which shall run with the land and be binding
upon said lots and whomsoever owns the same, to -wit:
1. No lot or lots shall be put to any use other than for
residential purposes.
2. No building shall be aracted, h1tered, placed upon,
or permitted to remain on any lot other than one detached single
family dwelling not to exceed two and one-half stories in height,
and a private garage. No such garage shall be more than two (2)
stories in height and say be used for living quarters, either for
guests, members of the family or servants, and the construction or
maintenance of so-called "rental garage -apartments" on any lot is
expressly prohibited.
3. No dwelling shall be constructed or permitted to
remain on any lot the square footage of which is less than 1,700
square feet. Said square footage shall not include porches, garage
areas or carport areas, and the said square footage shall be
computed by measuring from the exterior walls of said dwelling.
4. The Developer reserves the right to subject the real
property in this subdivision to a contract with Brunswick Electric
Membership Cooperative for the installation of street lighting
which will require a continuing monthly payment to Brunswick
Electric Membership Cooperative by the owner of each lot.
5. No building shall be located on any lot nearer than
fifty (50) feet from the front property line or fifteen'(15) feet
from any side street line. No building or. structure of any kind
shall be located on any lot nearer than a distance of fifteen (15)
feet from any side lot line, however, it the owner of two or more
adjoih1h9 lefu ahrmll slact to use them for one residence, the
boundary line or lines between the lots so used shall not be
regarded as aide boundary lines of the lots. In compuring the
front and side setback distances called for in these restrictive
covenants, the measurements shall be from the base oz ground level
of the building or structure, and neither the over!.%hq or eaves,
not in excess of three (3) test, nor the establishment of stoops or
steps within the setback area, shall be considered a violation of
this covenant. In the event of the unintentional vio'ation of any
of the building line restrictions herein set forth, tha undersigned
reserves the right, by and with the mutual consent in writing of
the owner or owners at such time of the lot or lots affected
thereby, to change such restrictions accordingly; provided,
however, that such change shall not exceed tan parser. (10%) of the
marginal requirements of the building line restrictions existing as
to such lot.
6. The design of all buildings erected or coved onto any
lot (including exterior storage buildings, detached garages, dog
houses, other detached structures, and structural additions to thi
main dwelling) shall be subject to the approval of the Developer or
of some person or persons designated by it to piss upon said
designs. Upon written request of a lot owner for approval of
plans, the Developer, or its duly authorized ar,nt�`slhhaa . naye
Miti103"1. - - if. fiI •fir?
auvi
ia968
fifteen (15) days within which to approve or disapprove. If
approval or disapproval is not given within tan (10) dayu, such
approval will not be required; but the design of the proposed
building must be in harmony with the existing structures in this
subdivision.
p. All dwellings must be of wood, brick veneer, or of
concrete block only if completed with a brick veneer or stucco
facing with an architectural design appropriate to the area, or of
vinyl siding or composition board, oanyother
type O orynthetic
building material approved byDeveloper.
buildings,, detached garages, other detached structures, and
structural additions to the main dwelling must be constructed out
of the same materials as the main dwelling, and must havIt a sam
color and general appearance as the main dwelling.
express intention of the Developer to maintain a unifost and gplaneneral
of
development with respect to design, size, type,
appearance of all structures upon the lots in the subdivision.
e. The Developer reserves for itself, its successors and
assigns, an easement in and the right at any time in the future to
grant a right-of-way under, over, and along the side, rear and
!root property lines of each and every lot in the subdivision
described herein for the installenton ad a i toor anceusefulof nfor
conduits, pipes and other equip
furnishing electric power, gas, telephone service, cable television
service, and/or other utilities, including water and sewer
services, or for drainage purposes.
9. No fence or other obstruction exceeding six (6) feet
in height shall extend nearer the street than the rear setback line
of the main dwelling constructed on the lot. All fences in the
subdivision must be approved by the Developer as to design, height,
type, and general appearance and any fences built thereafter
must
be of the same design, height, type, and general appearance.
10. It shall be the duty of each homeowner to keep his
or her property in a neat and tidy condition, well maintained, with
no unsightly debris or litter or the like in view. No noxious or
offsnsive trade or activity shall be carried on or maintained on
any lot, nor shall any activity be conducted which constitutes an
annoyance or nuisance to the neighborhood. If yards are not
properly maintained, they shall be cleaned up at the owner's
expense. Junk cars, blocked -up cars, inoperative machines and
similar eyesores shall not be placed or permitted to remain on the
street or property. No mechanical or maintenance work shall be
done on cars or other machinery or equipment in the front yard or
side yard of any home, or in the street in front of any home; such
work may be done only in back yards. soats, recreational vehicles,
and other similar vehicles may not be parked in the front yard or
side yard of any home, or in the street in front of any home; all
such boats and vehicles may be parked only in the back yard behind
a home and not visible from the street. Semi -trucks, tractor -
trailer rigs and similar commercial vehicles are strictly
prohibited.
11. No commercial trade or activity shall be carried on
upon any lot.
12. It shall be the obligation of each property owner to
maintain, to the original construction depth, all dra:sage ditches
located upon his or her lot. Any construction of culverts or other
construction along or across said ditches must be done so that the
free flow of water from subsurface drainage is not Luterrupted or
interfered with. It a property owner elects to tiles the entire
ditch running along his or her property, then such property owner
must install a catch basin at one of his or her property lines,
which. catch basin must meet North Carolina Department of
Transportation standards and. must be approved in riting by the
.peve 1 ope r,
RVAIA R"atNsc K a SAFFM P.C.
Www"010% NW.In C&.a,. m^ 20402 0135
DIVISION OF ENVIRONMENTAL MANAGEMENT
MEMO TO: Mr. Robert Tucker, Brunswick County Engineer
FROM: Linda Lewis
DATE: October 12, 1994
SUBJECT: Jackey's Creek Subdivision
Dear Mr. Tucker:
Enclosed is a copy of the Notice of Violation issued to Mr. Jack Stocks for failing to
record the appropriate deed restrictions for this project. If possible, I would like to ask you or the person
responsible for issuing building permits and Certificates of Occupancy in Jackey's Creek subdivision, to
please consider withholding those permits until this matter is resolved. Mr. Stocks has ignored this
Office's request to provide deed restrictions since May, 1994. Also attached is a copy of the recorded
restrictions, and you can see that they were recorded on February 16, 1994 without the built -upon area
limitation of 3,700 square feet. We are trying to get the attention of the Certification holder, and
withholding building permits and C of O's is a very effective weapon. I would be most appreciative if
you can help us out.
Thank you.
i
Linda Lewis
DA/arl: S:\WQS\STORMWAT\MEMOS\881211.00T
cc: Linda Lewis
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PS Form 11, December 1991 *U.S.GPO: lea3—as2at4 DOMESTIC RETURN RECEIPT
State of North Carolina
Department of Environment, Health, and Natural Resources
Wilmington Regional Office
James B. Hunt, Jr., Governor DIVISION OF ENVIRONMENTAL MANAGEMENT Bob Jamieson
Jonathan B. Howes, Secretary Regional Manager
May 3, 1994
Mr. Jack Stocks, R.L.S.
211 North Fifth Avenue
Wilmington, North Carolina 28401
Subject: COMPLIANCE INSPECTION
Jackey's Creek
Stormwater Project No. 881211
Brunswick County
Dear Mr. Stocks:
Please find attached a copy of the completed form entitled "Stormwater Compliance Inspection
Report". The report summarizes the findings of a recent inspection of the project's stormwater controls
conducted on April 25, 1994 to determine compliance with Stormwater Certification Number 881211
issued on February 3, 1989.
A summary of the findings and comments are noted under Section 6 of the report. Appropriate
action, if required, should be completed by June 3, 1994. Please inform this Office by letter when
required action is completed. If you have any questions please contact me at the Wilmington Regional
Office, telephone number (910) 395-3900.
Sincerely,
Linda Lewis
Environmental Engineer
DA/arl: S:\WQS\STORMWAT\INSPECT\881211.MAY
cc: Central Files
Bradley Bennett
(2) Linda Lewis
127 Cardinal Drive Extension, Wilmington, N.C. 28405-3845 • Telephone 910-395-3900 • Fax 910-350-2004
An Equal Opportunity Af —tive Action Employer
STORMWATER COMPLIANCE INSPECTION REPORT
1. Project Name: Jackey's Creek
Project Number: 881211 Control Measure: 30 % Density
Water Body: Jackey's Creek Classification: C Sw
Directions to site, address: US 17/74/76 to Leland. Left on NC 133, 2 miles on right.
2. Inspection Date: April 25, 1994
Weather Conditions: Clear, sunny, warm
3. Comparison of Approved plans vs. As -Built:
4. Maintenance Problems: None
5. PE Certification Received? N/A
6. Comments:
Unable to determine - plans missing from file.
Deed Restrictions Received? NO
1. Our copy of the plans for this project has been lost. Can you send 1 copy of the plan?
2. Please provide a copy of the recorded deed restrictions including the allowable built -upon
area per lot limitation of 3,700 square feet.
Inspector: Linda Lewis *a,
Water Quality/Wilmington Regional Office/(910) 395-3900
DA/arl: S:\WQS\STORMWAT\INSPECT\881211.MAY
Compliance Inspection Report
Permit: SW8881211 Effective:02/03/89 Expiration:
Project: Jackeys Creek Phase I
Owner: Jackeys Creek Development Inc
County: Brunswick
Region: Wilmington
Contact Person: Jack G Stocks Title:
Directions to Project:
Type of Project: State Stormwater - Low Density
Drain Areas: 1 - (Jackeys Creek) (03-06-17) ( C;Sw)
On -Site Representative(s):
Related Permits:
Adress: Hwy 133
City/State/Zip: Belville NC 28451
Inspection Date: 07/08/2015 Entry Time: 03:OOPM
Primary Inspector: Christina A Hall
Secondary Inspector(s):
Reason for Inspection: Routine
Permit Inspection Type: State Stormwater
Facility Status: ❑ Compliant Not Compliant
Question Areas:
® State Stormwater
(See attachment summary)
Phone:
Exit Time: 03:30PM
Phone: 910-796-7215
Inspection Type: Compliance Evaluation
page: 1
Permit: SW8881211 Owner - Project: Jackeys Creek Development Inc
Inspection Date: 07/08/2015 Inspection Type Compliance Evaluation Reason for Visit: Routine
Inspection Summary:
Please either work with the Secretary of State to reinstate this corporation or take actions necessary to transfer the
state stormwater permit to the home owners association.
File Review Yes No NA NE
Is the permit active? — ❑ ❑ ❑
Signed copy of the Engineer's certification is in the file?
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
Is the site BUA constructed as per the permit and approval plans?
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?
Comment:
SW Measures
Are the SW measures constructed as per the approved plans?
Are the inlets located per the approved plans?
Are the outlet structures located per the approved plans?
Comment:
Operation and Maintenance
Are the SW measures being maintained and operated as per the permit requirements?
Are the SW BMP inspection and maintenance records complete and available for review or provided to
DWQ upon request?
Comment:
Other Permit Conditions
Is the site compliant with other conditions of the permit?
Comment: The corporation has been adminstratively dissolved.
❑❑❑
91 ❑ ❑ ❑
Yes No NA NE
®❑❑❑
❑ ❑ ❑ 21
❑ ❑ ❑
Yes No NA NE
® ❑ ❑ ❑
®❑❑❑
❑ ❑®❑
Yes No NA NE
❑❑❑
■ ❑❑❑
Yes No NA NE
❑ N ❑ ❑
page: 2