SW8081207_Compliance Evaluation Inspection_20190617

ROY COOPER
Governor
NUCHAEL S. REGAN
seamy
S. DANIEL SMITH
Director
July 17, 2019
Reserve Development Company, LLC
Tri-Brunswick, LLC (dissolved)
St James Plantation, LLC
St James Development Co., LLC
Attn: John A Atkinson, Manager
PO Box 10879
Southport, NC 28461
NORTH CAROLINA
EnY&=mwdW Quality
First St James, Inc. (former legal Homer E. Wright Jr., Inc.)
Brunswick Harbor, Inc.
Attn: Kenan C. Wright, President
PO Box 610
Eden, NC 27289
Subject Notice of File Review Inspection (not compliant)
And Permit Transfer Process
St James Plantation - Various State Stormwater Permits (see attached list)
Brunswick County
Dear Messrs. Atkinson and Wright:
Effective August 1, 2013, the State Stormwater program was transferred from the Division of Water
Quality (DWQ) to the Division of Energy, Mineral and Land Resources (DEMLR). All previous
references to DWQ will remain in older stormwater permits issued prior to August 1, 2013 until
they are modified.. Please note that this letter references DEMLR as the Division responsible for
issuance of the state stormwater permits for St James Plantation.
The Wilmington Regional Office of DEMLR has recently fielded several calls regarding flooding and
the state of compliance with the permitted low density swale conveyance system throughout St.
James. As has been relayed in the past to the complainants and to the HOA, flooding is not the
purview of the Division. A Swale or ditch that holds water or floods is not a violation of the permit.
The permittee is responsible for restoring the swales to design condition in the event that flooding
or the normal wear and tear over time cause erosion, deposition of sediment, or slope failure.
This letter is being sent to the main development companies noted above, since they hold the lion's
share of all currently issued stormwater permits in St James. It has come to the attention of
DEMLR that the development will allegedly be turned over to the HOA by the end of 2020. Prior to
that turnover date, all of the permits as listed on the attached, need to be transferred to the HOA. In
recent years, a process to transfer and consolidate the permits was agreed to between the
developers, the consultants, and the Division. However, the Division has received applications to
consolidate or transfer a total of 9 permits in the last 5 years.
The slowness of the process can be mainly attributed to a lack of a timely response on the part of
the consultant, and the submission of incomplete information, necessitating a couple of rounds of
requests for additional information. Other factors include expired permits that have not been
renewed, a lack of routine maintenance, unapproved changes in the number of lots, or in the lot or
road layout, missing curb outlet swales, piping of swales, overbuilding on the lot, or adding
sidewalks where none were approved.
North Carolina Department of Environmental Quality I Division of Energy. Mineral and Land Resources
%MbmingWn Regional Office I IV Cardma[ Drive Extension I WlhTdngton. North Carolina 28405
worrrH canauNn ��

St. James Plantation
Page 2 of 3
In addition to these more common compliance issues, it has come to our attention that the golf
course fairways were purchased by Troon St. James, LLC early last year. If any of these fairways are
part of the project area covered by the low density permits issued for St. James, their sale would be
a compliance issue that would need to be addressed prior to transfer. The Division can accept a
signed agreement from Troon St. James, LLC stating that the golf course fairways will not be
developed with additional built -upon area or developed for any use other than a golf course. If
Troon St. James, LLC does not agree to this, then any of the permits held by the corporate entities
above for St. James that depend on those fairway areas to maintain density, cannot be considered
for transfer as currently,permitted.
If the project(s) covered by an existing permit can demonstrate and sustain low density without
including the fairway areas, then modified permits can be issued, consolidated and transferred to
the HOA, following the process described below:
1. No more than 5 active permits can be proposed for transfer and consolidation at any one
time. The permittee or consultant should pick one of the 5 permit numbers as the
"surviving" permit number going forward.
2. The permittee's consultant should schedule a file review appointment to familiarize himself
or herself with the approved plans and details.
3. The consultant should conduct their own inspection of the 5 sites and address any obvious
compliance issues based on how the as -built project may vary from the permitted/recorded
condition.
4. If there are major differences that only a permit modification will resolve, then the
permittee shall either restore the project to compliance with the approved plans or submit
an application to modify the individual permit
5. Upon the issuance of any required permit modifications, and the consultant's satisfactory
inspection, an application to consolidate the 5 selected permits can be submitted. The
Division will not conduct a compliance inspection prior to consolidation.
6. Upon issuance of the consolidated permit, the permittee shall submit an application to
transfer the consolidated permit to the HOA. The application must be accompanied by all
the required supporting documentation such as certifications, recorded deed restrictions
and plats for all projects covered by the consolidated permit
7. The projects covered by the consolidated permit will be inspected by the Division for
compliance. If the inspection indicates that the project is in compliance, the Division will
approve the transfer and issue the permit to the HOA.
8. If the project is not in compliance, then an inspection report will be sent to the permittee
and to the HOA, listing all the items to be addressed. When the necessary actions to restore
compliance have been completed and/or when the requested information is received and
reviewed and found to be complete, the permit will be transferred.
9. If a follow-up inspection is required, it can be completed either by the permittee providing
dated pictures of the finished product (minor issues), or another inspection can be
scheduled (major issues). This is where the process can bog down. It is imperative that the
permittee complete any necessary actions to restore compliance in a timely manner and it is
imperative that the Division reinspect in a timely manner to keep things moving forward.
Please contact the Division by Augusi 17.2019. to discuss this process and to designate a point
person within each respective organization through which all correspondence, pictures, questions,
scheduling of inspections and follow-up inspections, modifications, consolidations and transfers
will go through.
The permit application form (to modify or consolidate) and the permit transfer application form are
available on our website at: httos://dea.nc.Lrov/about/divisions/`energv-mineral-lanri-
Please 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 procedures as
set forth in NCGS 143 Article 21. Failure to follow the process described above, or to deal with the
impact to a low density project due to the sale of the fairway area, may initiate enforcement action
including the assessment of civil penalties.

St. James Plantation
Page 3 of 3
If you have any questions, please contact me in the Wilmington Regional Office, at telephone
number [phone] or via email at [e-mail].
Sincerely,
'i� ' avzec-ta
Linda Lewis, E.I.
Environmental Engineer III
7GD5/arl: G:\\\Stormwater\Linda Lewis\St James Plantation\2019 07 CEI-deficient St James
Attachment - Project Owner List
cc: St James Plantation Property Owners Association Inc.
Jay M. McGrath, President Troon St James, LLC (15044 N Scottsdale Rd. Ste. 300 Scottsdale, AZ 85254)

STATE, OF NORTH CAROLJ A
Department of Environmental and Natural Resources
127 Cardinal Drive Extension
Wilmington, North Carolina 28405
[phone]
FLU ACCEi9L RFCORD
SECTION
S'�iarrh /a ez /e
TIME/DATE
NAME
REPRESENTING
Guidelines for Access: The staff of WBmin g on Regional Office is dedica#ed to maldl g public' records in
our custody readily available to the public for review and copying. We also have tlae responsibility to the
public to safeguard these records and to garry out our day-to-day program obligations. Please read
carefully the following guidelines signing the form.
x, Due to the large public deman d for file access, we request that you call at least a day in
advance to schedule an appointment to review the files. Appointmyo� arx wing Khon au
bet+�e % 9=00am and 3:®Opm. Viewing time ends at 4:45pm. F —
a ointment ma view the des to the extent that time and staff sra errision is avaiilabie.
2. You must specify files you want to rM facitii_ v � The number of files that you
may review at one time will be hinted 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 mmy be made by check, monep order, or cash at the
r�eptiom desk. Co ies totalin5A0 or mare can be mvoie+ed for our convenience.
4. T lL£S 1NdiJST EE 1[�PT IlV7 ORi)Eft yoU 1[r0» 'f UM ' Files may not be taken from
the office. To remove, alter, deface, mutilate, or destzoy material in one these files is a
misdemeanor for which you can be fined up to $500.00. No briefcases lame tg etc. are
ennitied in the file review area.
5. cordance with General Statue 25-3-512, a $25.00 processuarged ig fee will be chan
In acd
eollected.for checks on which payment has been refused.
EAQLM NAME
3.
Signature and Name of Firm/Business Date
.'lease attach a business card to this fOM
COPIES MADE ,_,._._____ PAID
S:Admin.fUe access
Time in
19VOICE
COrJNTY
Time Out

Energy, .Mineral & .
Land Resources
ENVIRONMENTAL QUALITY
January 12, 2017
John A. Atkinson, Jr., Manager
Reserve Development Co. LLC
PO Box 10879
Southport, NC 28461
Subject: Notice of Inspection — Not Compliant
The Signature Clubhouse at St. James Plantation
State Stormwater Management Permit No. SW8 081207
Brunswick County
Dear Mr. Atkinson:
ROY COOPER
Governor
WILLIAM G. ROSS, JR.
Acting secretary
TRACY E. DAVIS
Director
On January 11, 2017, the Wilmington Regional Office of the Division of Energy, Mineral and Land
Resources (DEMLR) inspected The Signature Clubhouse, located at Fairlawn Blvd in Brunswick County
to determine the status of compliance with the State Stormwater Management Permit Number SW8
081207 recently revised, corrected and re -issued on April 15, 2016. 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:
1. According to aerial photographs available online, the footprint of the clubhouse constructed
differs from the footprint shown on the approved plans. Additionally, it appears that SW8
— 070618 overlaps the approved project area. Per Section II.4 of the permit, the revised plans must
have been submitted to the Division and received approval prior to construction of My
modification to the approved plans. Please re-evaluate the permitting for this section of the
cJ p -7,0bp$ development and submit all necessary modifications or revisions to resolve any changes from the
approved plans and, if necessary, resolve any overlap between permits
vQJO-� 2. Per Section 111.9, please submit a copy of the certification.
3. Per Section 11.15 of the permit, please submit a copy of the recorded deed restrictions for the lots
associated with this development.
Please be advised that until you submit the required Name/Ownership Change Form to the Division and
receive approval from the Division to transfer the permit, 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 penpitted stormwater system.
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 February 13, 2017, 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.
State of North Carolina I Environmental Quality I Energy, Mineral and Land Resources
Wilmington Regional Office 1 127 Cardinal Drive Extension I Wilmington, NC 26405
410 7%7215

Page 2 of*2
If you have any questions, please contact me at the Wilmington Regional Office, telephone number (910)-
796-7215 or via email at [e-mail].
Sincerely,
Christine Hall
Environmental Engineer
Enc: Compliance Inspection Report
,.;L GDS\canh: \\\Stormwater\Permits & Projects\2008\081207 HD\2017 01 CEI_deficient 081207
cc: Tim Clinkscales, Paramounte Engineering
Robert Masters, Authorized Agent, PO Box 10879, Southport, NC 28461
Georgette Scott, Wilmington Regional Office Stormwater Supervisor
WiRO Stormwater Permit File
State of North Carolina I Environmental Quality . Energy, Mineral and Land Resources
Wilmington Regional Office 1 127 Cardinal Drive Extension I Wilmington, NC 28405
910 796 7215

Compliance Inspection Report
Permit: SW8081207 Effective:04/15/15 Expiration: 12/30/21
Project: The Signature Clubhouse at St James Plantation
Owner. Reserve Development Co LLC
County: Brunswick Adress: Fairlawn Blvd
Region: Wilmington
City/State/Zip: Southport NC 28461
Contact Person: Robert Masters Title: Authorized Agent Phone:
Directions to Project:
Take US 74 west for 3.6 miles, bear right on Hwy 17, south for 22 miles, left onto NC 211, east for 11 miles to main entrance of
The Reserve on the right.
Type of Project: State Stormwater - HD - Detention Pond
Drain Areas: 1 - (Beaverdam Creek) (03-06-17 } ( SC;Sw,HOR
2-
On-Site Representative(s):
Related Permits:
SW8051221 Reserve Development Co LLC - The Reserve at St. James, Phase V
Inspection Date: 01/11/2017 Entry Time: 03:OOPM Exit Time: 03:30PM
Primary Inspector: Christine A Hall
Secondary Inspector(s):
Phone: [phone]
Reason for inspection: Other Inspection Type: Compliance Evaluation
Permit Inspection Type: State Stormwater
Facility Status: ❑ Compliant Not Compliant
Question Areas:
E State Stormwater
(See attachment summary)
page: 1

Permit: SW8051207 owner - Project: Reserve Development Co LLC
Inspection Date: 01M 112017 Inspection Type Compliance Evaluation Reason for Visit: Other
Inspection Summary:
1. Per Section 11.4 of the permit, the revised plans must have been submitted to the Division and received approval prior
to construction of any modification to the approved plans. Please re-evaluate the permitting for this section of the
development and submit all necessary modifications or revisions to resolve any changes from the approved plans and, if
necessary. resolve any overlap between permits
2. Per Section 11.9, please submit a copy of the certification.
3. Per Section 11.15 of the permit: please submit a copy of the recorded deed restrictions for the lots associated with
this development.
Fife Review Yes No NA NE
Is the permit active? E ❑ ❑ ❑
Signed copy of the Engineer's certification is in the file? ❑ ❑ ❑
Signed copy of the Operation & Maintenance Agreement is in the file? El El El
Copy of the recorded deed restrictions is in the file? ❑ F.i ❑ ❑
Comment: Neither a copy of the certification or the recorded deed restrictions could be found in the file.
Built Upon Area Yes No NA NE
Is the site BUA constructed as per the permit and approval plans? ❑ 7 ❑ ❑
Is the drainage area as per the permit and approved plans? ❑ ❑ ❑ 1
Is the BUA (as permitted) graded such that the runoff drains to the system? ❑ ❑ ❑ E
Comment: According to aerial photographs available online the footprint of the clubhouse constructed differs from
the footprint shown on the approved plans.
Other Permit Conditions
Yes No NA NE
Is the site compliant with other conditions of the permit? ❑ ®❑ ❑
Comment: It appears that SW8 070618 overlaps the approved project area.
page: 2