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HomeMy WebLinkAbout02-93_Fairfiled Harbour_200207014 11/05/2002 10:12 2526352154 FHPOA *' „r( PAGE 01�
HCV- -?� C,: 3�S' AM ROBERT M CHI'ES ?, F, 'AX NO. 2F's53731C0 `�'/ P, 3
NOV-04-2002 NOR 04t�.6 Ph NO DIV OF 06TAL t{Gi4iT FAX Na 4 P, 02
i
CRAV211 - TV #bay �, r
-� .. ttaau . "par"r�it uRt or
f. goal GoVerAfreAt
. CAMA
MINOR DEVELOPMENT
PERMIT
a$ Q&0.ari;adby tha Star+ of North Cal ame, Depsr'rnartof EnvkonM*ftl
an0 Natural Recau,:ws and the Coaetet Reaeurees Cer MA1,91en for detvabpmMt
In an area or arrrironmerlal oonoom puf,uant to 13odan 113A-118 t}11he
general Slatutes,'Co=al A sa Management"
mutttorlclnp development in 11ST A1Llslt 121BUiiIRS. AN
ttWDL! IJNR i !>iWINSULA DR. O:i IlOAI71:ir1iST CKIC1<K
as vvestcd In tho p mboo s appl. noon, datod APIlt..Q5, 2003 �
This pl-nnit, t=aued on IL subject to c- vpM4oce wlh U•a appllcatlon t 10 sits draw:re (where coneiate-t
With ilia per1r1),*Aoppilea,2lprogulmonsabttoecia -ondltlonas:dratsssot(oMbektW.Any.these termsmoystobjcct
pr rmhlso to a fine, Im.pricorme nt or civil ar: 'on, or ire; cause thin ;(omit to be nt.1104 veld,
This permit siutholi*cs the Iro4oration of grade an.1 vrgetadon of ptet:sc alive(' Auffcr where
penottated by threostormviratcti'vmiiRASed;fiches,
2. All prWowd development and asaociatcd eonstructton roust ba don • in accordant, with the
we: kl-slit d-awif,b %) datcd April 02, 2002 and April 03, 200.
2. All com(aiction must eonfoan to the XV-1-!t Cuoliat Bulldlq 1-ode rtxluirc>>cnts and 411 other
I,r al. Stan, Itnd Federal v gulations,
3. Any . hange or changes in the plaits for devolopn=t, corstructiot., or lam as. activi zt:s will
rcquircc o rc-ev;.ttlatiotz aticimlifleadon of this pe=iL
4. Beforc nitistlag any land -disturbing activities, atlequate sed tnentatOn !1 $lo, t (• !cut , tcx lees
mast be employett to prevent the movement of umonsolidatt 3 lnatcri:,ls tnio tut t tc rt h ar water.
'I'hesc ni -aslirc;s will mnain in place until the arm lists boon properly ;t.' tiizCd wt'!: a vt,etattd
coycr,
* Sec Pqe 2 for udditioital conditions.
Thin permit action r ay bra rppa.,loa by the parmittse or other
qua1iod persons whin.- twenty (20) daya of tho bsuing date,
arom the dtlte of an OF: aAl, any work conducted under this per -
MIT n.a1 c$Aee urdil tits : appa is rseclvod.
This poeLnit muet t:e o: • the project ails and ae- aasiWo to the
permit Officer w1+on the pro,ect is inspected toreamptaneer.
Any inAintenericro wotx or pro;Qct modTcations not covered
under ets permit re.tWrsa fuAher wAtlen perms spprevar.
Alf work mtst cease when ihia parrnA ekplres on December.
H itaying this permit it is agreed that H,{s p►oje-1 is cvncistanr
whh the local Land Usz Plat and all applicable ordtnuces.
This prrm1 may notba tranaicrred to another patty without
Iho wriuun approve! W tho olv;sson or Coastal Warlagemart.
S-!it;,
��� �r 3r"r({,fin `vt7
TRAM IIIMXTVte COASTAL HAT k01:1.711a KIW
HYSTIiON PLAZA Y1 t Ist-3 titr'9 14
W011W)tllAD CITY! A4 26557
TdLUD1tE t 2S'� j �+ dr•`:
ddt e
(sigmatuts requ,ri irao6c).tl oondhlonm :.bova zpp V to -- 'rmlt)
1
DIVISION OF COASTAL MANAGEMENT
IVA
0 'IV
RCDEN'R
NOR7}1 CAROUNA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
151-B HWY. 24, HESTRON BUILDING
MOREHEAD CITY, NC 28557
TELEPHONE: (252) 808-2808
FAX: (252) 247-3330
TO: rn 1Kra A lCa
OFFICE:oa��T ;vf �uu &-s —p F
TELEPHONE #: - 1 FAX #: P`L? I (D37 —310°
FROM: c c c.i L e__
OFFICE: DIVISION OF CUAti T �i✓ NIANAGENIENT
RE: 14,VO2 E- m,-r- * az-g.3
LEASE S/6n/ @ Ttat ��x Q..[D ;4X !T ;&4rk FOE ok
• i f-�nl � S/Occ �
DATE SENT: 7
TOTAL NUMBER OF PAGES INCLUDING COVER SHEET: 3
P. Ol
�c TRANSACTION REPORT
�c NOV-04-2002 MON 04:11 PM
DATE START RECEIVER TX TIME PAGES TYPE NOTE M# DP
NOV-04 04:06 PM 82526373100 1'25" 3 SEND OK 719
NOV- 4-02 MON 2:50 PM ROBEERRIT M CHILES P. E,
i d _....�....._.__. UU i
�►'�te `"' 'firt%� XV.
'Receipt it
Initial
FAX NO. 2526373100
P. 2
PERHIT NO. �?7
q)
CRAVEN COUNTY
INSPEM'IO17 DEPARTMENT
RASTER I'ERHIT ��-
252-636--4987
Permission is hereby granted to:
PIIONE r ? .- :-Y� a a.
DATE
to perforce work as described in the PFRHIT APPLICATION. All work shall
be ill strict accordance with the NORTH CAR'OLINA STATE BilI1.L uc; CODc and
all other appii,cabla LOCAL, STATE AND FEDERAL laws and ordinances.
Failure to conply with the terms of this permit ray result in the
revocation of the pernit. It shall be the responsibility of the pernit
holder to schedule all insp6ctions, giving at least `M00--DAY0 notice to
the INSPECTION DEPARTHENT.
03153A-350
A permit issued expires six months after tho date of issuance if the work -
authorized by the permit has not corameiiced. If after cone-Aencorent the
wark is discontinued far a period of 12 months, the permit thurefore
immOdiately expires. No work authorized by a pernit that has expired may
thereafter be WfornLd until a now pernit has been secured.
FLFCTRI.CAL PERMIT COL) _ _ SUMNINC POOL PERMIT (47 )
BUILDING PERNI`P (02) _ _ NOBILK HONE PcRRIT (56 )
INSULA`t'ION i HRUIT (03) DOCK PERMIT (50 )
CA11A PERMIT (04) �� ►, ,
./4.0.�.., DF.IiOL I t I CAN r F.F21I I 1 (6 7)
RFCOVERY FEK (09) _ .. _-. DEVEI.0IaHEN T PERMIT (44) M. .
PLUNDING VERHIT (13) RENOVATION PERMIT (55)
11ECHANICAF. PERMIT (14) UNDERGROUND TANK PE;R111`i` <57)
HIGH PERIIIT (20 .. �.._
�.. �... _ . TOTAL FEES
., �. _.... a w�.,.....�
Pe;r"4ait "of fic:iai pernit holder�r +,.�, y.• '.-
NOV- 4-02 MON 2:51 PM ROBERT M CHILES P.E, FAX NO. 2526373100 P. 3
CRAVEN COUNTY PLANNING & INSPECTIONS DEPARTMENT
• 2828 NEUSE BLVD
NEW BERN, NC 28562
(252)636-4987 FAX (252)636-5190 (252)636-4984
Application Number . . . . . 02-00000931 - Date 7/01/02
Property Address . . . . . . 902 CORAL REEF DR
Parcel Id . . . . . . . . . . 2-017-A -007
Tenant nbr, name . . . . FAIRFIELD HARBOUR/LAMA
Application description . . . NON-RESIDENTIAL ADD/ALT/RENOV
Application valuation . . . . 0.
Owner Contractor
------------------------ ------------------------
FAIRFIELD HARBOUR PROPERTY OWN OWNER
902 CORAL REEF DR
NEW BERN NC 285607124
Structure Information
Construction Type . . . . . TYPE 6 UNPROTECTED
Occupancy Type . . . . . . RESIDENTIAL
-----------------------------------------------------------------
Permit . . . . . . RENOVATION
Additional desc . . RMCHILES/LAMA PERMIT
Issue Date . . . . 7/01/02 Valuation 0
Expiration Date . . 12/28/02
Qty Unit Charge Per Extension
BASE FEE 100.00
- -
Special Notes and Comments -
YOU ARE HEREBY GRANTED PERMISSION TO
PERFORM WORK AS DESCRIBED IN THE PERMIT
APPLICATION. ALL WORK SHALL BE IN STRICT
ACCORDANCE WITH THE NORTH CAROLINA STATE
BUILDING CODE AND ALL OTHER APPLICABLE
LOCAL, STATE AND FEDERAL LAWS AND
ORDINANCES. FAILURE TO COMPLY WITH THE
TERMS OF THIS PERMIT MAY RESULT IN THE
REVOCATION OF THE PERMIT. IT SHALL BE
THE RESPONSIBILITY OF THE PERMIT HOLDER
TO SCHEDULE ALL INSPECTIONS, GIVING AT
LEAST TWO DAYS NOTICE TO THE INSPECTIONS
DEPARTMENT.
GS153A-358
A PERMIT ISSUED EXPIRES SIX MONTHS AFTER
THE DATE OF ISSUANCE IF THE WORK
AUTHORIZED BY THE PERMIT HAS NOT
COMMENCED. IF AFTER COMMENCEMENT THE
WORK IS DISCONTINUED FOR A PERIOD OF 12
MONTHS, THE PERMIT THEREFORE IMMEDIATELY
EXPIRES. NO WORK AUTHORIZED BY A PERMIT
THAT HAS EXPIRED MAY THEREAFTER BE
PERFORMED UNTIL A NEW PERMIT HAS BEEN
SECURED.
NOV- 4-02 MON 2:52 PM ROBERT M CHILES P.E, FAX N0, 2526373100 P. 4
Ted,
Scott Jones was handling this situation for us before I came to the Morehead City
office, so he has a lot more of the background information than I do. On May 26, 2000,
DCM issued Notice of Violation # 00-19C to Fairfield Harbour Property Owners
Association for undertaking development in a designated AEC without authorization.
Restoration was not required. NCDWQ issued a violation to Fairfield Harbor Property
Owners Association for violating the EMC's Neuse River Buffer Rules by constructing
five stormwater outfalls through the buffer. After much discussion and negotiation, a
restoration plan was developed that would satisfy the State's stonnwater regulations and
allow restoration of the buffer. As restoration for this violation, and as part of Stormwater
Permit #SW7000578, Fairfield Harbour POA is being required to return the areas to
preproject elevations and to revegetate with appropriate vegetation. The restoration
required development in DCM's Coastal Shoreline AEC, authorization from this Division
was required through the Minor Permit Program. Until Scott left in May, I forwarded all
correspondence concerning the project to him.
I received a letter on April 16, 2002 from C.D. Marks and Karl Gunsser, and a
letter from Mr. Michael Furfero on April 29, 2002 objecting to the proposed project. On
April 5, 2002 a CAMA Minor permit application was submitted by Michael Rice of
Robert Chiles Engineering on behalf of the Fairfield Harbour Property Owners
Association to place fill in three drainage outfalls adjacent to Northwest Creek. On May
28, 2002 Craven County contacted Mr. Rice saying they had check but no application. He
resubmitted the permit application. On May 29, 2002, I talked to our Local Permit
Officer for Craven County, and we discussed the application. This is the first time I was
aware the application had been submitted. Although the 25 days had passed, I requested
that they issue a permit. On July 1, 2002, Craven County issued a CAMA Minor permit
to Fairfield Harbour POA. The permit was not written on the proper form, nor was it
conditioned properly. I was faxed a copy of the permit by Mr. Rice on 13 August 2002.
The permit was written like a building permit with an expiration date six months after
issuance. Because the 25 days were expired, and we had a new Local Permit Officer, I
decided not to pursue having a correct permit issued. At some point during this process, I
lost track of the objection letters, and neglected to send letters to the concerned parties
upon issuance of the permit.
AUG-13-02 TUE 5:05 PM ROBERT M CHILES P.E, FAX NO. 2526373100
' ' .... ti� tines 4: ��: %'�:.•
ROBERT M. CHILES,'P•E..
ENGINEERS, CONSULTANTS
i
MARINE SURVEYORS
417•A BROAD St
P.O. Box SUBS
NEW BERN, NORTH CAROLINA 28544-2494
FACSIMILE COVER SHEET
TO:
v /
FAX NO: 2 `t -7 3
FROM: L91" Cjl'Q''e l 4 c (
NO. PAGES: (including this page:)
P,
BUSINESS: 2S2427-4702
FAX: 2S2.637-0100
rnmcengrO ccoenecLi%ot
DATE: �31 2- TIME: A.M. .M.
E345 V'10*111
4z
w�pynv„",� SW-IO�DSI`3
C
MECHANICAL CIVIL AND MARINE ENGINEERING MARINEWMROGRAPHICAND LAND SURVEYS
COMMERCIAL, INDUSTRIAL. MARINE AND RAILROAD FACitIRES DESIGN
FORENSIC ENGINEERING AND FAILUREANALYSIS lOUNDARY SURVEYS AND MAPPI14 SERVICE
AUG-13-02 TUE 5:06 PM ROBERT M CHILES P,E, FAX N0, 2526373100
P. 2
CRAVEN COUNTY PLANNING & INSPECTIONS DEPARTMENT
2828 NEUSE BLVD
NEW BERN, NC 28562
(252) 636-4987 FAX (252) 636-5190 (252) 636-4984
----------------------------------------------------------------------------
Application Number . . . . . 02-00000931 Date 7/01/02
Property Address . . . . . . 902 CORAL REEF DR
Parcel Id . . . . . . . . . . 2-017-A -007
Tenant nbr, name . . . . FAIRFIELD HARBOUR/CAMA
Application description . . . NON-RESIDENTIAL ADD/ALT/RENOV
Application valuation 0
Owner Contractor
------------------------ ------------------------
FAIRFIELD HARBOUR PROPERTY OWN OWNER
902 CORAL REEF DR
NEW BERN NC 285607124
Structure Information
Construction Type . . . . . TYPE 6 UNPROTECTED
Occupancy Type . . . . . . RESIDENTIAL
----------------------------------------------------------------------------
Permit . . . . . . RENOVATION
Additional desc . . RMCHILES/CAMA PERMIT
Issue Date . . . . 7/01/02 Valuation 0
Expiration Date . . 12/28/02
Qty Unit Charge Per Extension
BASE FEE 100.00
----------------------------------------------------------------------------
Special Notes and Comments
YOU ARE HEREBY GRANTED PERMISSION TO
PERFORM WORK AS DESCRIBED IN THE PERMIT
APPLICATION. ALL WORK SHALL BE IN STRICT
ACCORDANCE WITH THE NORTH CAROLINA STATE
BUILDING CODE AND ALL OTHER APPLICABLE
LOCAL, STATE AND FEDERAL LAWS AND
ORDINANCES. FAILURE TO COMPLY WITH THE
TERMS OF THIS PERMIT MAY RESULT IN THE
REVOCATION OF THE PERMIT. IT SHALL BE
THE RESPONSIBILITY OF THE PERMIT HOLDER
TO SCHEDULE ALL INSPECTIONS, GIVING AT
LEAST TWO DAYS NOTICE TO THE INSPECTIONS
DEPARTMENT.
GS153A-358
A PERMIT ISSUED EXPIRES SIX MONTHS AFTER
THE DATE OF ISSUANCE IF THE WORK
AUTHORIZED BY THE PERMIT HAS NOT
COMMENCED. IF AFTER COMMENCEMENT THE
WORK IS DISCONTINUED FOR A PERIOD OF 12
MONTHS, THE PERMIT THEREFORE IMMEDIATELY
EXPIRES. NO WORK AUTHORIZED BY A PERMIT
THAT HAS EXPIRED MAY THEREAFTER BE
PERFORMED UNTIL A NEW PERMIT HAS BEEN
SECURED.
AUG-13-02 TUE 5:06 PM ROBERT M CHILES P.E. FAX NO. 2526373100 P. 3
C.D. Marks
5212 Bucco Reef Road
New Bern, NC 28560_-
September 8, 200
North Carolina Division SEP 10 Z002
of Water Quality (NCDWD)
I--
4401 Reedy Creek Road COASTAL MANAGEME
Raleigh, North Carolina 27607 MOREHEAD
Att: Mr. John Dorney
Re: Comments and Strong Protest on Fairfield Harbour Drainage
Project Permit Applications
Dear Mr. Dorney:
I am in receipt of a Public Notice issued by the US Corps of Engineers, Action
Number 200210940, regarding an application by the Fairfield Harbour Property
Owners Association (FHPOA) for a permit for dredging existing wetlands as part
of proposed stormwater management system (authorized by permit number SW
7000518).
As I understand it this permit from the Corps of Engineers will not be issued until
the NCDWD acts on certifying or denying certification required by Section 401
of the Clean Water Act.
My wife and I reside at Lot 257 adjacent to Outfall C. We have previously made
comments on the CAMA permit request made by the FHPOA in protest of the
plan. We protested this permit request in the strongest possible terms in a letter
to CAMA dated April 14, 2002. A copy of this letter is attached and made a part
of this letter of protest.
We were very disappointed to learn that our comments were totally
disregarded by CAMA and the permit to dam up the last fifty feet of
the outfall was granted. We received no comment from CAMA and
were not consulted at all after our comments were submitted.
As you know, the Fairfield Harbour (FH) Drainage Projects have
been carried out by the FHPOA in disregard for Federal and State
environmental regulations, and the projects still stand in violation
of a number of regulations years after the FHPOA was cited and
told to correct the violations.
We cannot understand why the FHPOA has been allowed to evade
the law by continually applying for retroactive permits that would, if
applied for before hand, never have been granted.
I think the attached comments, previously made to CAMA, summarize our
concerns. By what right does the FHPOA illegally build useless drainage
ditches, manipulate the permitting process to dam up the ditches and use my
property as the primary draining point for Outfall C?
As an example of the tactics being employed by the FHPOA, the CAMA permit
request to "restore" the buffer zone specifically stated that the buffer would be
restored to original grade and vegetation. When affected property
owners questioned this and pointed out that this would result in the
flooding of the adjacent properties the POA told us not to worry
about it — "there will be a lower grade swale left that will continue
to drain the ditch". This Is in direct contradiction to the conditions of
the permit.
There have been statements made by the FHPOA maintaining that
the work done on the ditches was simply a clearing and slight
deepening of existing ditches. I can attest that in the case of Outfall
C this is simply not true. Outfall C was illegally created by digging
a ditch where none of any kind existed before. There was no
depression, swale or drainage channel of any kind before the
construction of the outfall. There is no justification for the argument
that a permit was not required because the new work was a n
"enhancement" of existing conditions; its simply not true. The
discharge pipe installed under Bucco Reef Road and the entire
ditch were put in to create a new outfall where no natural or
constructed drainage existed before.
To allow the destruction of existing wetlands, as in the proposed work in area D,
in order to build larger settling ponds that will be drained through dammed
Outfalls that should never have been built and in the process essentially
expropriate adjacent properties for drainage is unacceptable.
The area in which the proposed ponds would be built is a long term wetland
which is already doing its job of filtration and return of water to the water table.
There is no justification for dredging up the existing area in order to "improve"
what is already working well.
In addition the proposal to block Outfalls D and B during the construction of the
proposed ponds will triple the flow of water and sediment across my property.
Another example of arbitrary and damaging action taken without
thought or concern of the consequences to the rights of residents.
The actions of the FHPOA since the start of these projects has been one of
obstruction, delay, and solicitation of political interference with the regulatory
process by members of the legislature. All in lieu of responsible action to admit
a mistake and start over again.
It would be a mistake to assume that the FHPOA is accurately reflecting the
wishes of FH residents. My interaction with a number of residents indicate to
me that the FHPOA has it own agenda that does not match that of the residents
most effected by these projects.
The best possible action to end this charade Is for the State of
North Carolina to require that all of the previous illegal work be
undone and the properties returned to their original state.
My wife and I request that the State of North Carolina refuse any
further permits or certifications and move to require total
restoration.
Should you wish to discuss any of this with me, I can be reached at 252-636-
3941.
cc: Corps of Engineers
Wilmington District
Washington Regulatory Field Office
Att: Mr. Scott Jones
PO Box 1000
Washington, NC 27889
cc: Collens Sullins
Section Chief
Water Quality Section
NCDENR
512 North Salisbury St.
Raleigh, NC 27604
cc: Jim Mulligan
Water Quality Regional Supervisor
Washington Regional Office
NCDENR
943 Washington Square Mall
Washington, NC 2788
cc: Robert Brown
Fairfield Harbour POA
902 Coral Reef Drive
New Bern, NC 28560
cc: Donna Moffett
Director of Department
of Coastal Management
NC Dept. of Coastal Mangt.
1638 Mail Service Center
Raleigh,NC 27699-1638
cc: Ted Tyndall
District Manager
NCDCM
151-B Highway 24
Hestron Plaza II
Morehead City, NC 28577
.. -• _ �jeceF�c�.ir
C.D. Marks Karl Gunsser
5212 Bucco Reef Road 5214 Bucco Reef Road
New Bern, NC 28560 New Bern, NC 28560
April 14, 2002
North Carolina Division of
Environment and Natural Resources
Division of Coastal Management
Att: Ms. Tracy Wheeler
Morehead City District
151 B Highway 24
Morehead City, NC 28557
Re: Comments and Strong Protest on Fairfield Harbour Project
CAMA Minor Permit Application
Dear Ms. Wheeler:
We have received a copy of the application submitted by the Fairfield Harbour
Property Owners Association for a "minor" project to partially fill three drainage
ditches to restore the Neuse River buffer.
As the owners of lot 257 (CD Marks) and lot 256 (Karl Gunsser) adjacent to
OutfalI C we were informed that you would receive and consider comments on
the proposed project from the adjacent property owners if submitted within 30
days from receipt of notification of the project.
We received notification on April 4, 2002, and wish to submit the following
comments, and strong protest and objection to the project as it is proposed.
(1) As you know the drainage project(s) at Fairfield Harbour has been a matter
of considerable discussion with the State over the last several years. The
drainage ditches, as I understand it, were never properly permitted by State
authorities. In addition there has been considerable intra community
disagreement over what should have been done, and now should be done.
In the case of Outfall C, both of the riparian property owners (lots 257 & 256)
adjacent to what is now Outfall C argued, without success, that it should
never have been built in the first place. Perhaps if proper permit processes
had been followed our voice might have been heard.
(2) Our arguments, then and now, was and is that Outfall C is unnecessary
since (a) the property across the street is now a marsh land that should not
be drained, and (b) there already existed (and still exists) a drain line that
drains that area of hurricane type runoff.
(3) Now the proposal is to literally dam up the last 50 feet of the ditch. This will
leave the Outfall totally ineffective as a drain of any kind, but
(a)leave the adjacent property owners with a ditch that will
overflow in heavy rain and flood our properties as the water tries
to find a way to get to the marsh line, a n d
(b) create a weed filled, stagnant ditch with standing water that
has no place to go, creating a safety and health hazard without
accomplishing any useful function at all. Our property values
would be adversely affected with no offsetting public benefit of
any kind.
(4) In summary, we, as the adjacent property owners are completely
and strongly opposed to the portion of the project that concerns
Outfall C. The ditch should be left as it is, or completely filled from Bucco
Reef Road to the marsh. Since we understand that the buffer as a minimum
must be restored as a matter of law, then we support the complete filling
of Outfall C since it serves no useful purpose.
We hope that these comments will be carefully considered by the State as it
considers the permit request from the Fairfield Harbour POA. If the FHPOA had
followed the permitting process in the first place all of this would have never
occurred. Now in an attempt to "backtrack" even more damage will be done if
this project, as it pertains to Outfall C, is allowed to proceed as proposed.
If you have any questions regarding these comments, or wish additional
information please contact C.D. Marks at 252-636-3941, or Karl Gunsser at 252-
637-4711.
Thank you for your consideration of our comments and objections.
Sincerely,
C.D. Marks Karl Gunsser
cc: Robert Brown
Fairfield Harbour POA
902 Coral Reef Drive
New Bern, NC 28560
cc: Robert M. Chiles, P.E.
PO Box 3496
New Bern, NC 28564-3496
Mr. Michael Furfero
31 Balsam Parkway
Sparta, New Jersey 07871-2004
April 21, 2002
Ms. Tracy Wheeler
North Carolina Division of Environment and Natural Resources
Division of Coastal Management
Morehead City District
151 B Highway 24
Morehead City, NC 28557
RE: Objection to FH Project CAMA Minor Permit Application.
Dear Ms. Wheeler
I have received a copy of the application and drawings submitted by the Fairfield Harbour
Property Owner's Association for a project to fill 3 drainage ditches to restore the Neuse
River buffer.
As the owner of Lot 346 on Gondolier Drive, Outfall 1, 1 am opposed to the
aforementioned plan. As a property owner I feel we should have a say and a right as
to what is put on our property. I do not agree with the plan and can see nothing but
more trouble in the existing future. An open ditch is a potential hazard to flooding my
property, stagnant water and insects.
I live in a lake community in New Jersey and have a closed 48" drain on my property.
Twenty years ago it was open and caused all kinds of havoc to say nothing of the
overflow and flooding in our home.
I have owned Lot 346 for more than 12 years and don't remember receiving a
request to enter my property .
In the past my property has been for sale. If ever I wish to sell, I'm sure this would
have an adverse reaction for a potential buyer. Actually, if someone is interested in
purchasing this lot I'd be glad to entertain the thought.
In summary I'm strongly opposed to a riparian buffer on Lot 346, Outfall 1. 1 would
like to be apprised of the outcome and progress of this foolish project.
If you have any questions or comments for me, contact me at the address above or
973-729-8057 or 973-729-5034.
Thank you for considering my objections and comments.
Sincerely yours,
ichael F. Furfero
APp 1 62002 f
C.D. Marks Karl G unnser / I
5212 Bucco Reef Road 5214 Bucco Reef Road;,,
New Bern, NC 28560 New Bern, NC 28560
April 14, 2002
North Carolina Division of
Environment and Natural Resources
Division of Coastal Management
Att: Ms. Tracy Wheeler
Morehead City District
151 B Highway 24
Morehead City, NC 28557
Re: Comments and Strong Protest on Fairfield Harbour Project
CAMA Minor Permit Application
Dear Ms. Wheeler:
We have received a copy of the application submitted by the Fairfield Harbour
Property Owners Association for a "minor" project to partially fill three drainage
ditches to restore the Neuse River buffer.
As the owners of lot 257 (CD Marks) and lot 256 (Karl Gunsser) adjacent to
Outfall C we were informed that you would receive and consider comments on
the proposed project from the adjacent property owners if submitted within 30
days from receipt of notification of the project.
We received notification on April 4, 2002, and wish to submit the following
comments, and strong protest and objection to the project as it is proposed.
(1) As you know the drainage project(s) at Fairfield Harbour has been a matter
of considerable discussion with the State over the last several years. The
drainage ditches, as I understand it, were never properly permitted by State
authorities. In addition there has been considerable intra community
disagreement over what should have been done, and now should be done.
In the case of Outfall C, both of the riparian property owners (lots 257 & 256)
adjacent to what is now Outfall C argued, without success, that it should
never have been built in the first place. Perhaps if proper permit processes
had been followed our voice might have been heard.
(2) Our arguments, then and now, was and is that Outfall C is unnecessary
since (a) the property across the street is now a marsh land that should not
be drained, and (b) there already existed (and still exists) a drain line that
drains that area of hurricane type runoff.
(3) Now the proposal is to literally dam up the last 50 feet of the ditch. This will
leave the Outfall totally ineffective as a drain of any kind, but
(a)leave the adjacent property owners with a ditch that will
overflow in heavy rain and flood our properties as the water tries
to find a way to get to the marsh line, a n d
(b) create a weed filled, stagnant ditch with standing water that
has no place to go, creating a safety and health hazard without
accomplishing any useful function at all. Our property values
would be adversely affected with no offsetting public benefit of
any kind.
(4) In summary, we, as the adjacent property owners are completely
and strongly opposed to the portion of the project that concerns
Outfall C. The ditch should be left as it is, or completely filled from Bucco
Reef Road to the marsh. Since we understand that the buffer as a minimum
must be restored as a matter of law, then we support the complete filling
of Outfall C since it serves no useful purpose.
We hope that these comments will be carefully considered by the State as it
considers the permit request from the Fairfield Harbour POA. If the FHPOA had
followed the permitting process in the first place all of this would have never
occurred. Now in an attempt to "backtrack" even more damage will be done if
this project, as it pertains to Outfall C, is allowed to proceed as proposed.
If you have any questions regarding these comments, or wish additional
information please contact C.D. Marks at 252-636-3941, or Karl Gunsser at 252-
637-4711.
aeration of our comments and objections.
Karl Gunsser
cc: Robert Brown
Fairfield Harbour POA
902 Coral Reef Drive
New Bern, NC 28560
cc: Robert M. Chiles, P.E.
PO Box 3496
New Bern, NC 28564-3496
�SEP-16-02 MON 2:10 PM ROBERT M CHILES P,E, FAX NO, 2526373100
P. 1
W-A BROAD ST.
P.O. BOX 3496
NEW BERN, NORTH CAROLINA 28564-3496
ROBERT M. CHILES, P.E.
ENGINEERS, CONSULTANTS
d
MARINE SURVEYORS
FACSIMILE SHEET
TO: Tracy Wheeler
FAX NO: 247-3330
FROM: Michael Rice
NO, OF PAGES (Including this Page): 20
DATE: September 16.2002 TIME: A.M. 2:30 P.M.
REMARKS:
BUSINESS,252-637-4702
FAX:252-6373100
nrcenaacconneSLEX
CAMA permit application package from Fairfield Harbour with letter of transmittal to Gaddis Tippit
dated April 5, 2002.
Call if there is any other info you think we can provide.
Mike
MECHANICAL, CIVIL, AND MARINE ENGINEERING MARINE HYDROGRAPHIC AND LAND SURVEYS
COMMERCIAL, INDUSTRIAL, MARINE, AND RAILROAD FACILRIES DESIGN
FORENSIC ENGINEERING AND FAILURE ANALYSIS BOUNDARY SURVEYS AND MAPPING SERVICE
-SEP-16-02 MON 2:10 PM ROBERT M CHILES P.E. PAX NO. 2526373100 P. 2
ROBERT M. CHILES, P.E.
P.O. BOX 3496
NEW BERN. NORTH CAROLINA 28564-3496
TELEPHONE#. 252-637-4702
FAX # 252-637-3100
rmcengr@cconnectnet
TO: Gaddis Tippit
Craven County Central Permitting
We transmit (x) herewith
() as requested
for your. () signature
(x) approval
( ) use
the following: (x) prints
(x) copy of letter
( ) specifications
LETTER OF TRANSMITTAL
DATE: April 62002
ATTN:
JOB NO: QR)`+R
REF: Fairfield Harbour LAMA Minor
( ) under separate cover
( ) via
() information
( ) records
() review and comments
( ) mylar
() plans
(x) other Application
DESCRIPTION
Completed CAMA Minor Development Permit Application
List of Adjacent Property Owners
Drawing Sheets 1-5 of 5, Fairfield Harbour POA CAMA Permit Application for Buffer Restoration, prepared
by Robert M. Chiles, P.E. -
Copies, Adjacent property owners notification letters and certified mail receipts.
Information pertaining to requested permission to place fill within the Northwest Creek Area of
Environmental Concern.
Should you have any questions or require additional information please contact us at your convenience.
COPY TO:
,SEP-16-02 MON 2:11 PM ROBERT M CHILES P.E.
FAX NO, 2526373100 P. 3
'ROBERT M. CHILES, PE
ENGINEERS & CONSULTANTS
P.O. BOX 3496
NEW BERN. NC 2856"96
PY
TOTE �Pt[Sc�41) �Jr
ORDER OF
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26121
ZCJc) t � as-19i530 KC
DATE 3 wo
i $ /Op=
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Bank of America.
ACHRM053000196
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FORAM P- A 'LAMA /%giN42-
9RZ67B n40 2 S L 2 Lu' 1:0 S 3000 L 9 6+: 000 3 L-LO L 9 3 9 210 _
'SEP-16-02 MON 2:11 PM ROBERT M CHILES P.E, FAX NO. 2526373100 P. 4
Locality
GENERAL INFORMATION
LAND OWNER
Name Psi rfi P1 d Hnrhmir PnA
Address
Anp Cnrnl Reef Drive
Permit Number
City New Bern State N. C. Zip 28560 Phone 633-5600
AUTHORIZED AGENT
Name Robert M. Chiles, P.E.
Address P.O. Box 3496
City _ New Bern State N. C. Zip 28564-3496 Phone (252) 637-4702
LOCATION OF PROJECT Gondolier Penninsuin of Fairfield Harhnur- *1 sites,_ 1 each between
lots 346 & 347,367 & 368, 256 & 257, representing outfalls 1.A,and C, respectively
(If not oceanfront, is waterbody natural or manmade?) Natural (Northwest Creek)
DESCRIPTION OF PROJECT Restore grade and vegetation of Neuse River Buffer where
penetratdd by 3 stormwater drainage ditches.
AREAS OF ENVIRONMENTAL CONCERN (AEC) CLASSIFICATION
(To be filled in by the Local Permit Officer prior to completing application.)
Ocean Hazard X
PROPOSED USE
Residential
Estuarine Shoreline ORW Shoreline
Other
Commercial/Industrial --I_ Other .Riparian Buffer
SQUARE FOOTAGE OF BUILDING FOOTPRINT AND OTHER IMPERVIOUS OR
BUILT -UPON SURFACES (such as driveways, etc.) within 75 feet of the shoreline (575 feet
of an ORW shoreline) N/A
SQUARE FOOTAGE OF TOTAL FLOOR AREA OF BUILDING N/A
SQUARE FOOTAGE OF SITE Outfalls 1 and C, approx. 750 soft. each, Outfal1 A, apprx.1000
sq.ft., approximately 2500 sq.ft. total, 1,750 sq.ft. if outfall C is not located in A.E.C.
OTHER PERMITS MAY BE REQUIRED:
The activity you are planning may require
permits other than the CAMA minor
development permit. As a service we have
compiled a listing of the kinds of permits that
might be required. We suggest you check
over the list with your LPO to determine if
any of these apply to your project.
Zoning, Drinking Water Well, Septic Tank
(or'other sanitary waste treatment system),
Burning, Electrical, Plumbing, Heating and
Air Conditioning, Insulation and Energy
Conservation, FIA Certification, Sand Dune,
Sediment Control, Subdivision Approval,
Mobile Home Park Approval, Highway
Connection, and others.
'SEP-16-02 MON 2:12 PM ROBERT M CHILES P.E. FAX NO. 2526373100
P, 5
STATEMENT OPOWNERSHIP
I, the undersigned, an applicant for a CAMA minor development permit, begin either the owner of property in
an area of environmental concern or a person authorized to act as an agent for purposes of applying for a
CAMA minor development permit, certify that the person listed as landowner on this application has a sig-
nificant interest in the real property described therein. This interest can be described as follows: (check one)
X _ an owner of record title, Title is vested in . see Deed Book 1747
page 937 in the Craven County Registry of Deeds.
an owner by virtue of inheritance. Applicant is an heir to the estate of
probate was in
County.
if other interest, such as written contact or lease, explain below or use a separate sheet and attach to this
application.
NOTIFICATION OF ADJACENT PROPERTY OWNERS
I furthermore certify that the following persons are owners of properties adjoining this property. I affirm that I
have given ACTUAL NOTICE to each of them concerning my intent to develop this property and to apply for
a CAMA permit.
(Name) (Address)
(1) See attached
(2)
(3)
(4)
FOR DEVELOPERS IN OCEAN HAZARD AND ESTUARINE HAZARD AREAS:
I acknowledge that the land owner is aware that the proposed development is planned for an area which may
be susceptible to erosion and/or flooding. I acknowledge that the local permit officer has explained to me the
particular hazard problems associated with this lot. This explanation was accompanied by recommendations
concerning stabilization and floodproofing techniques,
PERMISSION TO ENTER ON LAND
I furthermore certify that I am authorized to grant and do in fact grant permission to the local permit officer
and his agents to enter on the aforementioned lands in connection with evaluating information related to this
permit application.
This application includes: general information (this form), a site drawing as described on the back of this ap-
plication, the ownership statement, the AEC hazard notice where necessary, a check for $50.00 made payable to
the locality, and any information as may be provided orally by the applicant. The details of the application as
described by these sources are incorporated without reference in any permit which may be issued. Deviation
from these details will constitute a violation of any permit. Any person developing in an AEC without a per-
mit is subject to civil, criminal and administrative action. -_
This the day of .19
Land owner or person authorized to act as his agent
for purposes of filing a CAMA permit application.
-SEP-16-02 MON 2:13 PM ROBERT M CHILES P.E. FAX NO. 2526373100
SITE DRAWING/APPLICATION CHECKLIST
Please make sure your site drawing includes the following information required for a CAMA minor develop-
ment permit. The drawing may be simple and not necessarily to scale. The Local Permit Officer will help you,
if requested.
PHYSICAL DIMENSIONS
X label roads
label highways right of ways
N1A label local setback lines
NIA label any and all structures and driveways currently existing on property
PHYSICAL CHARACTERISTICS
X draw and label mean high water mark (MHW)
NL�L_ draw location of septic tank or filter field
If you will be working in the ocean hazard area: N/A
draw and label dune ridges (note height)
draw and label toe of dune
identify and locate first line of stable vegetation
draw and label setback line under CAMA
draw and label topographical features (optional)
If you will be working in an estuarine shoreline area:
X draw and label landward limit of AEC
x_ describe terrain (slope)
DEVELOPMENT PLANS
__X- draw and label areas that will be disturbed
NIL if a house is to be placed on lot, describe location of house
_UkQ, note size of piling and depth to be placed in ground
- N / A draw and label all areas to be paved or graveled
N/A describe composition of surface
N/A note and list fully all trees and vegetation to be removed or relocated
Y show landscaping
NOTE TO APPLICANT
Have you:
*completed all blanks and/or indicated if not applicable?
*notified and listed adjacent property owners?
*included your site drawing?
*signed both application and statement of ownership?
*enclosed the $50.00 fee?
*completed an AEC Hazard Notice, if necessary?
FOR STAFF USE
Site Notice Posted Final Inspection Fee Received
Site Inspections
Date of Action: Issued Exempted Denied Appeal Deadline (20 days)
'SEP-16-02 MON 2:14 PM ROBERT M CHILES P.E, FAX NO. 2526373100 P. 7
ADJACENT PROPERTY OWNERS
1. Chester D. Marks
5212 Bucco Reef Road
New Bern, N. C. 28560
4 r
2. Karl Gunsser
5214 Bucco Reef Road
New Bern, N. C. 28560
3. Theodore Lagerfeld
5512 Gondolier Drive
New Bern, N. C. 28560
4. Robert J. Murphy
708 E. Lake Road
Penn Yan, N.Y. 14527
5. Michael F. Furfero
31 Balsam Parkway
Sparta, N.J. 07871
6. Fred N. Markewicz
444 SR 24
Chester, NJ 07930
LEGEND
TB TOP OF BANK
TOE TOE OF BANK
a PROPERTY LINE
= CENTERLINE Do i
CHECK DAM � o
® RIP -RAP,
TIC
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TBTOE
TO `
E�5'TING 1 `
LOT 346
SWALE FILLED WITHIN BUFFER
AND BUFFER REVEGETATED
S
APPROXIMATE LANDWARD LIMITS
OF NEUSE RIVER BUFFER
APPRO MATEI r�
WATER'S EDGE SHEET 2 _ of
FAIRFIELD HARBOUR POA
CAA PMWT APPLICATION
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BUFMR R,E,S'TOBATNON
20 :`''' �H ••Rp g OWFALL "t"
30 �•`% ��� �FE S�G;��i�• TOWNSHIP NUMBER 2 CRAVEN COUNTY NORTH CARouN
DATE:- APRIL 22002 Ra$Fj ,� M. CHliMs p.Z
--510 i SEAL. JOB NO: 98258 MGB1E= AND CONSULTANTS
PXOPOSr.L�'D 53 6 S /a SCALE: i- a 46 NEW BERM. NORTH CAROLDTA
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LEGEND
IJ Vj TB TOP OF BANK
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SWALE FILLED WITHIN BUFFER o I
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APPROXIMATE OF NEUSE RIVER BUFFER f ,!
WATER'S EDGE i
W N
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SHEET __ 3 _ of
FAIRFIE.LD HARBOUR POA
C"A PM T APPLICATION
BUFFER "WORATlON
RnE�t�.g OVTFA1L "A"
70TOWNSHIP NUMBER 2 CRAVEN COUNTY NORTH CAROtINJ
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PROPOSED SC:AL . DATE: APRIL 3, 2002 ROBMT M. CMM, P1
5365 = • OB NO: 98258 ENGWEERS AND CONSULTANTS
SCALE: t" _ 4' NEW BERM. NORTH CAROUWA
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roe
SCALE FILLED WITHIN BUFFER
AND BUFFER REVEGETATED
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APPROXIMATE LANDWARD LIMITS U i
OF NEUSE RIVER BUFFER V I
.�I .
20'
SHEET --A.- of - 5 -
8
FMRFIELD HARBOUR .POA
C"A PERAI T APPLICATION
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DATE: APRIL 3. 2002 RVBMT X Cali iiL'� , P. L'' .
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JOB NO: 98258 ENGMEM AND CONSULTANTS
0
SCALE: �• - �' NEW BERM. NORTH CARDUNA
A
NOTE: ORIGINAL SKETCH PREPARED BY
MR. AL MERINO, FAIRnEID HARBOUR
P&A, DRAINAGE COMMITTEE.
PROPOSED
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SHEET _5_ of 5 _
FAIRFIELD HARBOUR POA
CAMA PERM T APPLICATION
FOR
BUFFER R,E,S►TORA27ON
=vsriu?Ive SOH
IF DATE. APRIL 3. 2002 ROBMT X CHIIM. P.
_ JOB NO. 98258 ENGINE W AND CO)MMTANTS
SCALE: I• -- � NEW BMW, NORTH CAROIMA
'SEP-16-02 MON 2:21 PM ROBERT M CHILES P.E, FAX NO. 2526373100 P. 13
ROBERT M. CHILES, P.E.
ENGINEERS. CONSULTANTS
i
MARINE SURVEYORS
417-A BROAD ST. BUSINESS: 252437-4702
P.O.80X 3426 FAX: 252.6J73100
NEW BERN. NORTH CAROLINA 295643496 April 3, 2002 rm4:4n9rQC00n0$CLnet
Mr. Fred N. Markewicz
444 SR 24
Chester, NJ 07930
Subject: CAMA Minor Permit Application Notification
Enclosures: 1. Copy Application for CAMA Minor Development Permit
2. Drawing Sheets 1-5 of 5, Fairfield Harbour POA
CAMA Permit Application for Buffer Restoration,
prepared by Robert M. Chiles, P.E.
Dear Sir:
The Fairfield Harbour POA Drainage Committee plans to restore the riparian buffer of
Northwest Creek associated with three of the six existing stormwater outlet ditches. As an
adjacent riparian property owner, we are providing the enclosures for your review and comment.
In compliance with the application process, we are required to notify adjacent riparian
property owners that they have 30 days from receipt of this notification in which to comment on
the proposed permit application.
If you have any comments, please direct them to Ms. Tracy Wheeler at the North
Carolina Division of Environment and Natural Resources (NCDENR), Division of Coastal
Management (DCM), Morehead City District, 15 1B Highway 24, Morehead City, N. C. 28557.
Clearly indicate that your comments regard the Fairfield Harbour project.
Should you have any questions, contact either DCM at (252) 808-2808 or our office at
(252) 637A702.
Very truly yours,
ROBERT MCHILES, P.E.
W'Zt"' :u
Michael L. Rice, E.I.
MLR:jrf
Enclosures
MECHANICAL. CIVIL. AND MARINE ENGINEERING MARINE HYDROGRAPHIC AND LAND SURVEYS
COMMERCIAL, INDUSTRIAL, MARINE AND RAILROAD FACUJttES DESIGN
FORENSIC ENGINEERING AND FAILURE ANALYSIS BOUNDARY SURVEYS AND MAPPING SERVICE
-SEP-16-02 MON 2:21 PM ROBERT M CHILES P.E. FAX NO. 2526373100 P.14
ROBERT M. CHILES, P.E.
ENGINEERS, C0NSULTAIRS
i
4117-A
MARINE SURVEYORS
P0BROAD ST. BUSINESS: 2524774702
P.O. , BOX 3496 NEW BEAN. NORTH CAA0UFAX. 252477.9100NA26564�496 April 3, 2002 rmctn9rQcconneCLmt
Mr. Chester D. Marks
5212 Bucco Reef Road
New Bern, N. C. 28560
Subject: CAMA Minor Permit Application Notification
Enclosures: 1. Copy Application for CAMA Minor Development Permit
2. Drawing Sheets 1-5 of 5, Fairfield Harbour POA
CAMA Permit Application for Buffer Restoration,
prepared by Robert M. Chiles, P.E.
Dear Sir:
The Fairfield Harbour POA Drainage Committee plans to restore the riparian buffer of
Northwest Creek associated with three of the six existing stormwater outlet ditches. As an
adjacent riparian property owner, we are providing the enclosures for your review and comment.
In compliance with the application process, we are required to notify adjacent riparian
property owners that they have 30 days from receipt of this notification in which to comment on
the proposed permit application.
If you have any comments, please direct them to Ms. Tracy Wheeler at the North Carolina
Division of Environment and Natural Resources (NCDENR), Division of Coastal Management
(I)CM), Morehead City District, I51B Highway 24, Morehead City, N. C. 28557. Clearly
indicate that your comments regard the Fairfield Harbour project.
Should you have any questions, contact either DCM at (252) 808-2808 or our office at
(252) 637-4702.
Very truly yours,
,ROBERT M. CHILES, P.E.
Michael L. Rice, E.I.
MLR:jrf
Enclosures
MECHANICAL. CIVIL, AND MARINE ENGINEERING MARINE HYDROGRAPNIC AND LAND SURVEYS
FORENSIC ENGINEERING AND FAILURE ANALYSISCONIMERCUIL, INDUSTRIAL. MARINE AND RAILROAD FACILITIES DESIGN _
BOUNDARY SURVEYS AND MAPPING SERVICE
•SEP-16-02 MON 2:22 PM ROBERT M CHILES P.E, FAX NO, 2526373100
P. 15
417-A BROAD ST.
P.O. BOX 0496
NEW BERN. NORTH CAROLINA 2SS64.3496
Mr. Karl Gunsser
5214 Bucco Reef Road
New Bern, N. C. 28560
ROBERT M. CHILES, P.E.
ENGINEERS, CONSULTANTS
Ni
MARINE SURVEYORS
April 3, 2002.
Subject: CAMA Minor Permit Application Notification
Enclosures: 1. Copy Application for CAMA Minor Development Permit
2. Drawing Sheets 1-5 of 5, Fairfield Harbour POA
CAMA Permit Application for Buffer Restoration,
prepared by Robert M. Chiles, P.E.
Dear Sir:
BUSINESS: 2624374702
FAX: 252437.3100
rmcengrOcconneclnet
I
The Fairfield Harbour POA Drainage Committee plans to restore the riparian buffer of
Northwest Creek associated with three of the six existing stormwater outlet ditches. As an
adjacent riparian property owner, we are providing the enclosures for your review and comment.
In compliance with the application process, we are required to notify adjacent riparian
property owners that they have 30 days from receipt of this notification in which to comment on
the proposed permit application.
If you have any comments, please direct them to Ms. Tracy Wheeler at the North Carolina
Division of Environment and Natural Resources (NCDENR), Division of Coastal Management
(DCM), Morehead City District, 151B Highway 24, Morehead City, N. C. 28557. Clearly
indicate that your comments regard the Fairfield Harbour project.
Should you have any questions, contact either DCM at (252) 808-2808 or our office at
(252) 637-4702.
Very truly yours,
OBE7 CHII.ES, P.E.
Michael L. Rice, E.I.
MLR: jrf
Enclosures
MECHANICAL, CIVIL. AND MARINE ENGINEERING MARINE HYDROGRAPHIC AND LAND SURVEYS
COMMERCUL, INDUSTRIAL, MARINE AND RAILROAD FACILITIES DESIGN _
FORENSIC ENGINEERING AND FAILUREANALYSIS BOUNDARY SURVEYS AND MAPPING SERVICE
SEP-16-02 MON 2:23 PM ROBERT M CHILES P.E, FAX NO. 2526373100 P.16
ROBERT M. CHILES, P.E.
ENGINEERS, CONSULTANTS
a
MARINE SURVEYORS
417•A BROAD ST. BUSINESS: 2524374702
P.O. BOX 3496 FAX: 252-627J100
NEW BERN. NORTH CAROLINA 26S6b3496 April 3, 2002 rmeengrOeconn�cLa4t
Mr. Theodore Lagerfeld
5512 Gondolier Drive
New Bern, N. C. 28560
Subject: CAMA Minor Permit Application Notification
Enclosures: 1. Copy Application for CAMA Minor Development Permit
2. Drawing Sheets 1-5 of 5, Fairfield Harbour POA
CAMA Permit Application for Buffer Restoration,
prepared by Robert M. Chiles, P.E.
Dear Sir:
The Fairfield Harbour POA Drainage Committee plans to restore the riparian buffer of
Northwest Creek associated with three of the six existing stormwater outlet ditches. As an
adjacent riparian property owner, we are providing the enclosures for your review and comment.
In compliance with the application process, we are required to notify adjacent riparian
property owners that they have 30 days from receipt of this notification in which to comment on
the proposed permit application.
If you have any comments, please direct them to Ms. Tracy Wheeler at the North Carolina
Division of Environment and Natural Resources (NCDENR), Division of Coastal Management
(DCM), Morehead City District, 151B Highway 24, Morehead City, N. C. 28557. Clearly
indicate that your comments regard the Fairfield Harbour project.
Should you have any questions, contact either DCM at (252) 808-2808 or our office at
(252) 637-4702.
Very truly yours,
ROBERT M. CHILES, P.E.
Qv--L��z7'-
Nfichael L. Rice, E.I.
MLR;jrf
Enclosures
MECHANICAL, CIVIL, AND MARINE ENGINEERING MARINE HYDROGRAPHIC AND LAND SURVEYS
COMMERCIAL, INDUSTRIAL. MARINE AND RAILROAD FACILITIES DESIGN _
FORENSIC ENGINEERING AND FAILURE ANALYSIS BOUNDARY SURVEYS AND MAPPING SERVICE
'SEP-16-02 MON 2:24 PM ROBERT M CHILES P.E. FAX NO. 2526373100 P.17
ROBERT M. CHILES, P.E.
ENGINEERS, CONSULTANTS
a
MARINE SURVEYORS
P.O.17•A BROAD ST. BUSINESS: 2S2i374702
NEW
BOX 3d06 EWDEAN, NORTH CAROUNA2t156a•3496 FAX: 262437.3100
April3, 2002 rmeengrecconneaftt
Mr. Robert J. Murphy
708 E. Lake Road
Penn Yan, N.Y. 14527
Subject: CAMA Minor Permit Application Notification
Enclosures: 1. Copy Application for CAMA Minor Development Permit
2. Drawing Sheets I-5 of 5, Fairfield Harbour POA
CAMA Permit Application for Buffer Restoration,
prepared by Robert M. Chiles, P.E.
Dear Sir:
The Fairfield Harbour POA Drainage Committee plans to restore the riparian buffer of
Northwest Creek associated with three of the six existing stormwater outlet ditches. As an
adjacent riparian property owner, we are providing the enclosures for your review and comment.
In compliance with the application process, we are required to notify adjacent riparian
property owners that they have 30 days from receipt of this notification in which to comment on
the proposed permit application.
If you have any comments, please direct them to Ms. Tracy Wheeler at the North Carolina
Division of Environment and Natural Resources (NCDENR), Division of Coastal Management
(DCM), Morehead City District, 151B Highway 24, Morehead City, N. C. 28557. Clearly
indicate that your comments regard the Fairfield Harbour project.
Should you have any questions, contact either DCM at (252) 808-2808 or our office at
(252) 637-4702.
Very truly yours,
OBERT M. CHILES, P.E.
Michael L. Rice, E.I.
MLRJrf
Enclosures
MECHANICAL, CIVIL, AND MARINE ENGINEERING
COMMERCIAL, INDUSTRIAL. MARINE AND RAILROAD FACILITIES DESIGN MARINE HYDAOGRAPHIC AND LAND SURVEYS
FORENSIC ENGINEERING AND FAILURE ANALYSIS BOUNDARY SURVEYS AND MAPPING SERVICE
-SEP-16-02 MON 2:24 PM ROBERT M CHILES P.E, FAX NO. 2526373100 P. 18
ROBERT M. CHILES, P.E.
ENGINEERS, CONSULTANTS
i
MARINE SURVEYORS
ST.
P.O. BOX3496 BUSWESS:2S23074702
FAX: 2S2.607-0100
NEW BERM, NORTH CAROLNA 2l5644498 April 3,•2002 rmun� r �ewnneCl nit
Mr. Michael F. Furfero
31 Balsam Parkway
Sparta, N.J. 07871
Subject: CAMA Minor Permit Application Notification
Enclosures: 1. Copy Application for CAMA Minor Development Permit
2. Drawing Sheets 1-5 of 5, Fairfield Harbour POA
CAMA Permit Application for Buffer Restoration,
prepared by Robert M. Chiles, P.E.
Dear Sir:
The Fairfield Harbour POA Drainage Committee plans to restore the riparian buffer of
Northwest Creek associated with three of the six existing stormwater outlet ditches. As an
adjacent riparian property owner, we are providing the enclosures for your review and comment.
In compliance with the application process, we are required to notify adjacent riparian
property owners that they have 30 days from receipt of this notification in which to comment on
the proposed permit application.
If you have any comments, please direct them to Ms. Tracy Wheeler at the North Carolina
Division of Environment and Natural Resources (NCDENR), Division of Coastal Management
(DCM), Morehead City District, 151B Highway 24, Morehead City, N. C. 28557. Clearly
indicate that your comments regard the Fairfield Harbour project.
Should you have any questions, contact either DCM at (252) 808-2808 or our office at
(252) 637-4702.
Very truly yours,
OBERTM.. ,CHILES, P.E.
114 49 I4-e
Michael L. Rice, E.I.
MLR:jrf
Enclosures
MECHANICAL, CIVIL, AND MARINE ENGNEERNG MARINE HYOROGRAPNIC AND LAND SURVEYS
FORENSIC ENGNEERINO AND FAILURE COMM INDUSTRIAL, MARINE AND RAILROAD FACILITIES DESIGN
BOUNDARY SURVEYS AND MAPPING SERVICE
• • •SEP-16-02 MON 2
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2. Article Number 7099 3400 0011 0638 4582
(Transfer from service tabeo
PS Form 3811, March 2001 - Domestic Return Receipt
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Item 4 if Restricted Delivery is desired.
■ Print your name and address on the reverse
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■ Attach this card to the back of the mallplece,
or on the front if space permits.
1. Article Addressed to:
Mr. Fred N. Markewicz
444 SR 24
Chester, NJ 07930
102595.01-M-1=
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4. Restricted Delivery? (Extra Fee) ❑ Yes
2. Article Number /UZIZI 34UU UU11 UOJtS 4b/7
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ZS Form 3811, March 2001 Domestic Return Receipt 1o25ss-01•M 1:
■ Complete Items 1, 2, and 3. Also complete
item 4 if Restricted Delivery is desired.
■ Print your name and address on the reverse
so that we can return the card to you.
■ Attach this card to the back of the mailpiece,
or on the front if space permits.
1. Article Addressed to:
Mr. Robert J. Murphy
708 E. Lake Road
Penn Yan, N. Y. 14527
2. Article Number 7U99
(Transfer from service taboo
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❑ Registered X Return Receipt for Merchandise
❑ Insured Mail ❑ C.O.D.
4. Restricted Delivery? (Extra Fee) ❑ Yes
PS Form 3811, March 2001 Domestic Return Receipt
102595.01-M-14
FAX NO. 2526373100
P. 19
•SEP-16-02 MON 2:25 PM ROBERT M CHILES P,E,
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UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
er,r REGION 4
Sam Nunn Atlanta Federal Center
61 Forsyth Street, S.W. SEA .P2002
Atlanta, Georgia 30303 - 8960
Colonel Charles R. Alexander SEP Z
District Engineer
ATIN: Mr. Scott Jones
Washington Regulatory Field Office
Wilmington District, Corps of Engineers
P.O. Box 1000
Washington, North Carolina 27889-1000
SUBJ: Fairfield Harbour Property Owners Association
Action I.D. No. 200210940
Dear Colonel Alexander:
This is in response to the above referenced public notice, dated August 20, 2002, to
excavate and grade approximately 0.44 acres of waters of the U.S., for the construction of a
storm water management system in accordance with an approved stormwater permit (number SW
7000518). According to the public notice, the project area is adjacent to Northwest Creek and
Upper Broad Creek, in the Fairfield Harbour Subdivision, Craven County, North Carolina.
The U.S. Environmental Protection Agency (EPA), Region 4, Wetlands Regulatory
Section, has reviewed this proposal, and although we are typically concerned about the utilization
of natural wetlands for storm water treatment, we understand that this is a retro-fitting project
which has few alternatives. We will not oppose this particular project based upon the location of
the storm water treatment system. However, EPA remains concerned that the storm water
treatment facilities are also proposed to be utilized for compensatory mitigation of the wetland
impacts. It is EPA's position that the footprint of wetlands within an authorized storm water
treatment system are no longer waters of the U.S. As such, the wetlands cannot be considered for
compensatory wetland mitigation. Rather, the impacts should be compensated by in -kind
mitigation, within the same watershed and as close to the impact site as possible. Thus, EPA
does not believe that it is acceptable to utilize the 1.73 acres of storm water wetlands as
mitigation, and we recommend that the applicant be required to provide compensatory mitigation
(within or adjacent to waters of the U.S.) for the proposed wetland impacts at the following
minimum ratios:
Wetland restoration -
2:1
Wetland enhancement -
4:1
Wetland creation -
6:1
Wetland preservation -
10:1
. ''t
2
Because EPA does not believe that the applicant has provided adequate wetland
mitigation to compensate for the proposed impacts, we cannot recommend authorization of the
project at this time. Thank you for the opportunity to comment on this project. If you have any
questions regarding these comments, please contact Kathy Matthews at the above address or by
telephone at (706) 355-8780.
Sincerely,
Ronald J. lak, Chief
Wetlands latory Section
cc: USFWS, Raleigh
DCM/NCDENR, Morehead City
DWQ/NCDENR, Raleigh
NMFS, Beaufort
LT, 01
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61�
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley, Govemor Donna D. Moffitt, Director William G. Ross Jr., Secretary
08/29/02 U'
SEP 04 2002
MEMORANDUM COASTA! MTN UENT
M5REHEAD
To: Mr. Ted Tyndall
NC DENR
Division of Coastal Management
151-B Highway 24
Morehead City, NC 28557
From: Caroline Bellis, Consistency Coordinator
Subject: Project Number ACTID-02-0940, Dated 08/20/02
EXCAVATE AND GRADE WETLANDS FOR STORMWATER SYSTEM
Proposed by: Fairfield Harbor POA
Location: Craven County
The above listed document is being circulated to you for
review and comment by 09/17/02.
Type of Review Requested:
✓General Comments / �FYI
_ Determination of Permits Needed / Land Use Plan Issues
_ NEPA / NCEPA Comments
_ Preliminary Federal / State Consistency Comments
Federal / State Consistency Comments
Please contact me before the response due date if
additional review time is needed. Thank you.
REPLY This office objects to the project as proposed.
Comments on this project are attached.
This office supports the project proposal.
No Comment.
Signed
Date
1638 Mail Service Center, Raleigh, North Carolina 27699-1638
Phone: 919-733-22931 FAX: 919-733-14951 Internet: www.nccoastalmanagement.net
An Equal Opportunity 1 Affirmative Action Employer — 50% Recycled 110% Post Consumer Paper
AUG 7 2UUZ
DEPARTMENT OF THE ARMY
Wilmington District, Corps of Engineers
Post Office Box 1890
Wilmington, North Carolina 28402-1890
ACTION ID NO.200210940 August 20, 2002
PUBLIC NOTICE
Fairfield Harbour Property Owners Association, 902 Coral Reef Drive, New Bern, North
Carolina 28560, has applied for a Department of the Army (DA) permit TO EXCAVATE AND
GRADE 19,166 SQUARE FEET (0.44 ACRES) OF DA JURISDICTIONAL WETLANDS TO
FACILITATE THE CONSTRUCTION OF A STORMWATER MANAGEMENT SYSTEM IN
ACCORDANCE WITH AN APPROVED STORMWATER PERMIT, NUMBER SW 7000518,
ISSUED BY NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL
RESOURCES (NCDENR) ON JANUARY 4, 2002. The proposed project is located within the
Fairfield Harbour Subdivision off of North Carolina State Road 1600 (Broad Creek Road),
adjacent to Northwest Creek and Upper Broad Creek, Craven County, North Carolina. The
specific project locations are 1) between Bucco Reef Road and Blackbeards Lane just north
of Wind Way, and 2). on the north side of Gondolier Drive just east of Barbary Coast Drive.
Mr. Robert M. Chiles, Robert M. Chiles Consultants, Post Office Box 3496, New Bern, North
Carolina 28560, is acting as agent for the Fairfield Harbour Property Owners Association in the
processing of this application.
The following description of the project is taken from data provided by the applicant and from
observations made during onsite inspections by representatives of the Corps of Engineers. The
soils on the project site are mapped as Murville mucky loamy sand and Leon Sand. The wetland
area adjacent to Bucco Reef Road is a low to medium quality wetland (scrub -shrub) and is
dominated by Red Maple (Acer rubrum), Wax Myrtle (Myrica cerifera), Red Bay (Persea
borbonia), Sweetbay (Magnolia virginiana), Loblolly Pine (Pinus taeda), Netted. Chainfem
(Woodwardia areolata), and Giant Cane (Arundinaria gigantea). The woody vegetation from a
small portion of this wetland (0.12 acres) has been removed and contains only herbaceous plants.
The wetland area adjacent to Gondolier Drive is a low quality herbaceous wetland that was
denudated of standing timber after several storms in the late 1990's flooded these areas with
brackish water and killed the trees. The area is dominated by Wax Myrtle (Myrica cerifera) and
Red Maple (Acer rubrum) seedlings, and contains Bulrush (Scirpus spp.), Wool Grass (Scirpus
Cyperinus), and Soft Rush (Juncus effusus).
♦ I I
-2-
Included with this public notice are plans showing the proposed work as well as additional
information provided by the applicant detailing avoidance and minimization efforts. The
applicant proposes to create 1.73 acres of herbaceous wetlands with the construction of the
permitted stormwater facility. A planting diagram is included with the public notice. At this
time, no further compensatory mitigation is proposed.
The applicant has applied for a North Carolina Division of Coastal Management, CAMA
Minor Permit for their review and concurrence for buffer restoration of three outfall areas located
along Northwest Creek in association with this permit request. The applicant has an approved
Erosion and Sedimentation control plan approved on May 11, 2000 for this project. This
proposal shall be reviewed for the applicability of other actions by North Carolina agencies such
as:
a. The issuance of a Water Quality Certification under Section 401 of the Clean Water Act
by the North Carolina Division of Water Quality (NCDWQ).
b. The issuance of a permit to dredge and/or fill under North Carolina General Statute
113-229 by the North Carolina Division of Coastal Management (NCDCM).
c. The issuance of a permit under the North Carolina Coastal Area Management Act
(CAMA) by the North Carolina Division of Coastal Management (NCDCM) or their delegates.
d. The issuance of an easement to fill or otherwise occupy State -Owned submerged land
under North Carolina General Statute 143-341(4), 146-6, 146-11, and 146-12 by the North
Carolina Department of Administration (NCDA) and the North Carolina Council of State.
e. The approval of an Erosion and Sedimentation control Plan by the Land Quality
Section, North Carolina Division of Land Resources (NCDLR), pursuant to the State
Sedimentation Pollution Control Act of 1973 (NC G.S. 113 a-50-66).
The State of North Carolina will review this public notice to determine the need for the
applicant to obtain any required State authorization. No Department of the Army (DA) permit
will be issued until the coordinated State viewpoint on the proposal has been received and
reviewed by this agency, nor will a DA permit be issued until the North Carolina Division of
Water Quality (NCDWQ) has determined the applicability of a Water Quality Certificate as
required by PL 92-500.
-3-
This application is being considered pursuant to Section 404 of the Clean Water
Act (33 U.S.C. 1344). Any person may request, in writing within the comment period specified
in the notice, that a public hearing be held to consider this application. Requests for public
hearing shall state, with particularity, the reasons for holding a public hearing.
The District Engineer has consulted the latest published version of the National Register of
Historic Places for the presence or absence of registered properties, or properties listed as being
eligible for inclusion therein, and this site is not registered property or property listed as being
eligible for inclusion in the Register. Consultation of the National Register constitutes the extent
of cultural resource investigations by the District Engineer, and he is otherwise unaware of the
presence of such resources. Presently, unknown archeological, scientific, prehistoric, or historical
data may be lost or destroyed by work under the requested permit.
The District Engineer, based on available information, is not aware that the proposed activity
will affect species, or their critical habitat, designated as endangered or threatened pursuant to the
Endangered Species Act of 1973.
The decision whether to issue a permit will be based on an evaluation of the probable impacts,
including cumulative impacts, of the proposed activity and its intended use on the public interest.
Evaluation of the probable impacts which the proposed activity may have on the public interest
requires a careful weighing of all those factors which become relevant in each particular case.
The benefits which reasonably may be expected to accrue from the proposal must be balanced
against its reasonably foreseeable detriments. The decision whether to authorize a proposal, and
if so the conditions under which it will be allowed to occur, are therefore determined by the
outcome of the general balancing process. That decision should reflect the national concern for
both protection and utilization of important resources. All factors which may be relevant to the
proposal must be considered including the cumulative effects thereof. Among those are
conservation, economics, aesthetics, general environmental concerns, wetlands, culturalvalues,
fish and wildlife values, flood hazards and flood plain values (in accordance with Executive
Order 11988), land use, navigation, shore erosion and accretion, recreation, water supply and
conservation, water quality, energy needs, safety, food and fiber production, mineral needs,
considerations of property ownership, and, in general, the needs and welfare of the people. For
activities involving the placement of dredged or fill materials in waters of the United States, a
permit will be denied if the discharge that would be authorized by such permit would not comply
with the Environmental Protection Agencies' 404(b)(1) guidelines. Subject to the preceding
sentence and any other applicable guidelines or criteria, a permit will be granted unless the
District Engineer determines that itmould be contrary to the public interest.
H
The Corps of Engineers is soliciting comments from the public; Federal, State and local
agencies and officials; Indian Tribes and other interested parties in order to consider and evaluate
the impacts of this proposed activity. Any comments received will be considered by the Corps of
Engineers to determine whether to issue, modify, condition or deny a permit for this proposal. To
make this decision, comments are used to assess impacts on endangered species, historic
properties; water quality, general environmental effects and the other public interest factors listed
above. Comments are used in the preparation of an Environmental Assessment (EA) and/or an
Environmental Impact Statement (EIS) pursuant to the National Environmental Policy Act
(NEPA). Comments are also used to determine the need for a public hearing and to determine
the overall public interest of the proposed activity.
Generally, the decision whether to issue this Department of the Army (DA) permit will not
be made until the North Carolina Division of Water Quality (NCDWQ) issues, denies, or waives
State certification required by Section 401 of the Clean Water Act. The NCDWQ considers
whether or not the proposed activity will comply with Sections 301, 302, 306, and 307 of the
Clean Water Act. The application and this public notice for the Department of the Army (DA)
permit serves as application to the NCDWQ for certification.
Additional information regarding the Clean Water Act certification may be reviewed at
the offices of the Wetlands/401 Unit, NCDWQ, 2321 Crabtree Boulevard, Raleigh, North
Carolina 27604-2260. Copies of such materials will be furnished to any person requesting,
copies upon payment of reproduction cost.
All persons desiring to make comments regarding the application for Clean Water
Act certification should do so in writing delivered to the North Carolina Division of Water
Quality (NCDWQ), 4401 Reedy Creek Road, Raleigh, North Carolina 27607, on or before
September 14, 2002, Attention: Mr. John Dorney.
Written comments pertinent to the proposed work, as outlined above, will be received
in the Corps of Engineers, Wilmington District, Washington Regulatory Field Office,
Attn: Mr. Scott Jones, Post Office Box 1000, Washington, North Carolina, 27889,
until 4:15 p.m., September 20, 2002 at telephone (919) 975-1616, extension 27.
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httn://www.toDozone.com/map.asp?z-18&n=3882431&e=320538&s=25 08/19/2002
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AL AL�L IL ���,j IL A Ik
l4lc '!lf` ,IVc 'tl!' l�"/,\h IL �Yc
� � � LIL IL LOT 257 4AL / <iu� TOE •r
t!<. & / "AL
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AL
i4 r
IL AL
LPL 'L EXISTING -
� LOT 256
SWALE FILLED WITHIN DUFFER /
AND (SUFFER REVEGETATED
_ 2 APPROXIMATE LANDWARD LIMITS d
4
APPROXIMATE 30 � p
EDGE OF MARSII _+ �^ OF NEUSE RIVER DUFFER
U
20'
SHEET of S
.FAIRTIMED HARBOUR .POl _
rY
CAMA PERUIT APPIMATION
MR
"' BUI'1G'�'R RESTORATION
0 5 io T I "Oi���'� � �— OU7'FALL "C"
, �5� • �'J% '� a TOWNSHIP NUMBER 2 CRAVEN COUNT NORTH CAROLIN
PIZOPOSE'D q DATE APRIL 3,,_2002 RCBBRT K CH=lj P.E.
Z IL • ��� jo0 NO:___ 98258 ENGINEERS AND CONSULTANTS;
0
SCALE:—_L;_a_Q: NEW DERN, NORTH CAROLINA `'.' :.
rWl. o
a
SHEET S _ of
16
FAIRFIRLD HARBOUR PC --
PROPOSED CAMA PERMIT APPLICATION
.FY)R
BUFFER RESTORATION
\A GAR0
••.•Y•44.Y lei
111USTRAT1W S=rfl
�OAF �5/G •'• y ti
,•'�_ R .jy� y �_1 � TOWNSHIP NUMBER 2 � CRAVEN COUNTY NORTH CAROtJN'
D ) PATE: APRIL 3L2002 ��$ER`I' c i s, ! ° R E.
( /,gl� = JOB NO: 98258 ENGINEERS AND CONSULTANTS
NOTE. ORIGINAL SKETCH PREPARED BY �-•.. � y
MR. AL MERINO. FAIRFIELD HARBOUR SCALE:__1 400'. -NEW BERN, NORTH CAROLINA
P.O.Aj DRAINAGE COMMITTEE. ��. •• N(; ,I F=,, .�, .
�.�. `�
cm \ N,
EXISTING
/ / • WETLANDS
`• •\\Gm
PROPOSED OUTLET STRUCTURES4
ORIFICE PIPE: INV 2.5' msl
"WEIR" CREST 0 EXISTING GRADE
\ L
RIP RAP
�m
CED
8
6
4
2
0
msi
10
PROPOSED
— CREATED
WETLANDS
IVli2
ORIFICE PIPE ® ✓•
CED
PORTION OF SHEET 9, FAIRFIELD HARBOUR REDESIGNED STORMWATER PLAN
OVERLAID WITH US ARMY COE APPROVED WETLAND BOUNDARY.
0+50 1+00 1+50 2+00 2+50 3+00 3+50
PROFILE ALONG CENTERLINE OF STORMWATER WETLAND
F.AIRFIELD HARBOUR REDESIGNED STORMWATER PLAN, WATERSHED D4
THE PROPOSED CREATED STORMWATER WETLAND CONTOURS AND CENTERLINE PROFILE
AND THE LOCATION OF THE US ARMY CORPS OF ENGINEERS APPROVED WETLAND BOUNDARY
SUBMITTED FOR 404-401PERMITTING ASSOCIATED WITH NCDENR PERMIT SW7000518
M.
LEGEND
4
CONTOUR ELEV. (msl)
170
LOT NUMBER
— --• —
WETLAND BOUNDARY
INV x.x'
PIPE INVERT ELEV.: (msl)
— ---
CENTERLINE
K
SPOT ELEVATION (msl)
r���3irrrr�►►trf���,.
C l 'Y -• d
m
5,; vt N '+o° K
.,,.q
t
,77l73111r914'R
APPROXIMATE EXISTING GRADE
APPROXIMATE NORTHWEST CREEK
NORMAL WATER LEVEL
4+00 ms►
q;
SHEET -
DATE, __XLY 28. 2002 ROBERT M. CHILES, P.E.
JOB NO - ______98258 ENGINEERS AND CONSULTANTS
SCALE. _____?� NEW BERN, NORTH CAROLINA
cm cm
r- EXISTING
WETLANDS ^
Ile
cm
I
I
ORIFICE PIPE /RIP RAP �)
a�
QD
® cm
i^ IMPACTED AREA OF EXISTING WETLANDS
1 �
� 1
r-_
1 1
AREA TO BE CLEARED (0.20± AC)
lem
AREA TO BE EXCAVATED/GRADED
(0.27± AC)
189
PROPOSED
CREATED
WETLANDS
LEGEND
4 CONTOUR ELEV. (msl)
170 LOT NUMBER
— — — WETLAND BOUNDARY
INV x.x' PIPE INVERT ELEV. (msl)
— - — CENTERLINE
;i11%J1111111J,tJt
,� w o�auyuai d.,
v k� T h�� t:.43w ✓r. M1 ` .
. 9'.✓ e � % 4'i \ �' �§ SFr b„'"'
w
d�Jddd F7f1 FF??}y}oY
TOTAL AREA IMPACTED
(0.32± AC)
�m
SHEET 2 3
FAIRFIELD HARBOUR REDESIGNED STORMWATER PLAN, WATERSHED D4 DATE, __JULY 2s, 2002_ ROBERT M. CHILES, I'.E.
CLARIFICATION OF PROPOSED IMPACTS TO EXISTING WETLANDS 982g8
WITHIN THE US ARMY CORPS OF ENGINEERS JURISDICTIONAL WETLAND AREA OF WATERSHED D4 JOB NO - ______ ENGINEERS AND CONSULTANTS
SUBMITTED FOR 404-401 PERMITTING ASSOCIATED WITH NCDENR PERMIT SW7000518 SCALE, _____ 1_ - 60' NEW BERN, NORTH CAROLINA
4iF:: fi
t !i n•.n.,n; r,„4I+:
. •
�iiiaiiiiittt;lEEEl:tt•
Rar,
SAMPLE PLANTING PLAN FOR THE PROPOSED CREATED STORMWATER WETLAND
IN WATERSHED D4
BULRUSH, WOOL GRASS. OR COMMON RUSH
BLUE FLAG IRIS
PROGRESS DRAWI'Affiv,'�
};�;•� EXISTING NATURAL COVER
DO NOT USE
QQ BALD CYPRESS
FOR CONSTRUCTION
® WAX MYRTLE
FAIRFIELD HARBOUR REDESIGNED STORMWATER PLAN, WATERSHED D4 DATE, AUGUST 13..2002_ ROBERT M. CHILES, P.E.
SAMPLE PLANTING PLAN FOR THE PROPOSED CREATED STORMWATER WETLAND
SUBMITTED FOR JOB ND. ______ ENGINEERS AND CONSULTANTS
NEW BERN, NORTH CAROLINA
404-401 PERMITTING ASSOCIATED WITH NCDENR PERMIT SW76000518 . SCALES
PROPOSED
` CREATED
l WETLANDS
L
® /
® 4 CONTOUR ELEV. (msl)
/ 473 LOT NUMBER /
73 — — • — WETLAND BOUNDARY
— — — — SECTION LINE
-- — — CENTERLINE j EXISTI
EE D:XISTI
�W
m
U
® PROPOSED OUTLET STRUCTURES:
ORIFICE PIPE: INV 3.4' msl
WEIR CREST 0 4.5' msl
PORTION OF SHEET 18, FAIRFIELD HARBOUR REDESIGNED .
STORMWATER PLAN, OVERLAID WITH US ARMY COE
APPROVED WETLAND BOUNDARY.
6
4
2
0
IMPACTED AREA OF EXISTING WETLANDS
AREA TO BE EXCAVATED
(0.02± AC)
APPROXIMATE NORTHWEST CREEK%%%'%11+1ft►lfr,,
NORMAL WATER LEVEL �ti>ot q�q ti�� Ci�t{;
U iuiir43 ..�j�t kA��� w
msl 0 i 50 1 t 00 1 150 msl
4 �� k
PROFILE OF SECTION LINE THROUGH DISTURBED AREA<a /✓P;u
APPROXIMATE EXISTING GRADE
—
6
`=—
--
4
--
—...--
— —
---
— --
—
2
_
-----
GRADED
tv. I UT AC)
� a
rr /000,i
1�
TOTAL AREA IMPACTED
(AREA TO BE CLEARED)
(0.12± AC)
fed `�/�������V • �Go �� J r �Y
't�lflftlll1999���'
SHE, ET113 ;
FAIRFIELD.HARBOUR REDESIGNED STORMWATER PLAN, WATERSHED lA DATE- __XLY23, 2002_ ROBERT M. CHILES, P.E.
A PORTION OF THE PROPOSED CREATED STORMWATER WETLAND CONTOURS AND DISTURBED AREA PROFILE
CLARIFICATION OF PROPOSED IMPACTS TO EXISTING WETLANDS JOB NO - ------ ENGINEERS AND CONSULTAN`fS
AND THE LOCATION OF THE US ARMY CORPS OF ENGINEERS APPROVED WETLAND BOUNDARY NEW BERN, NORTH CAROLIN,A
SUBMITTED FOR 404-401PERMITTING ASSOCIATED WITH NCDENR PERMITSW700051B SCALE, _____ 1_ - 60_
M
CV
LL7
CV
N
U
U
m
['
SAMPLE PLANTING PLAN FOR THE PROPOSED CREATED STORMWATER WETLAND
IN WATERSHED ]A.
BLUE FLAG IRIS
K_)
SWEET PEPPERBUSH
INKBERRY
rn
T� BALD CYPRESS
LL� Ta ATLANTIC WHITE CEDAR
1
cy
SMART WEEN
BULRUSH, WOOL GRASS OR COMMON RUSH
COMMON BERMUDA GRASS.
© WILLOW OAK
FAIRFIELD HARBOUR REDESIGNED STORMWATER PLAN, WATERSHED I
SAMPLE PLANTING PLAN FOR THE PROPOSED CREATED STORMWATER WETLAND
SUBMITTED FOR
404-401 PERMITTING ASSOCIATED WITH NCDENR PERMIT SW78000518
l+.� ��i,rY ..H;i� 1. •i j•(�+'I:r• ! I`' Nr •i� 1. ,i ii{•
$Y 'Y �Y f`i`Cli li �i'�4 it 1: '1it'l!5�f �4>•l� �t7 i .+ v
PROGRESSWilvLiDRA4
uo NOT use
FOR CONSTRUCTION
DATEI AUGUST 0. 2 ROBERT M. CHILES, P.E.
JOB N0. ______98258 ENGINEERS AND CONSULTANTS
SCALE, ___,_ V ^ 60• NEW BERN, NORTH CAROLINA
RIP RAP
2x8 BOARDS
0
Lit
_ SEE ROADSIDE WEIR DETAIL RIP RAP v'
COLUMN "N" DATA APPLIES o
r<
�C
SEE ROADSIDE WEIR DETAIL
COLUMN "S" DATA, APPLIES
THERE ARE NO WETLANDS IN WATERSHED 1 B.
ORIFICE PIPE
(IF ANY)
Min
MKI i�MIN00000O
►'ll:11l NP1111111411.4flil.
COLUMN "N" DATA COLUMN 'S' DATA
ORIFICE REQUIRED? YES ORIFICE REQUIRED? : YES
ORIFICE DIAMETER a 1'0 ORIFICE DIAMETER 1.5'0
WEIR HEIGHT 'H' = 10' WEIR HEIGHT 'H' 10"
it 14
faLii
WOODEN BULKHEAD
v. 3.4s PROPOSED OUTLET STRUCTURES:
3.40' ORIFICE PIPE: INV 3,4' msl
WEIR CREST 0 4.5' msl
�DOCI�R R
4 CONTOUR ELEV. (msl)
425 LOT NUMBER
APPROXIMATE BOUNDARY. WATERSHED 1B
STORMWATER FLOW DIRECTION
FAIRFIELD HARBOUR REDESIGNED STORMWATER PLAN, WATERSHED 1 B
A PORTION OF SHEEET 18 OF THE APPROVED STORMWATER PLAN
DEPICTING THE STORMWATER CONTROL MEASURES PROPOSED FOR WATERSHED I
AND THEIR RELATIVE POSITION TO THE CREATED WETLANDS PROPOSED FOR WATERSHED IA
SUBMITTED FOR 404-401PERMITTING ASSOCIATED WITH NCDENR PERMIT SW7000518
.fl-
(-T-i
C n
//
� ,
cEEt-j
WA7ERSHED 1A
CREATED WETLAND x
r7
-z,
r�
t-
c
w
DATE, AUGUST15. 2002 ROBERT M. CHILES, P.E.;--,
JqB NO. ______9 ENGINEERS AND CONSULTANTS
SCALE) 1_� eo_ NEW BERN, NORTH CAROLINA
DCM ENFORCEMENT REPORT
(Use for Waivers)
Case #:
Permit #:
Consultant: SCO 7tt—
Name: 1'R►rZt= cc-LD i �2.. �• �• Q • Address: 585 7�`�"oAo Gz.. i2c.
yo rpea zgom
City: hi gown State: t4 Zip: 235c-a Phone #: ( ) -
Nfltz'Ct't�►�* GR..
County: C' r Mf, Nearest Water Body: brxt z- State Plane X:
LPO: ta / * Locality: State Plane Y:
Vio Descp: IMPLeAg nac. i4g,►'A sTa?�x►M-. M&arw—edQw- eta &TPAu5,
U11 MICO r ttyra-c.A.�n E�•Is
NOV Sent: 5 /2y/CDViolation: Major:X Minor: Perm Cond: CAMA:X D&F:
Restore: 010 Requested: / � 1 & Completed: - /
(Yu/No) (Mo) (Day) (Pr) (Mo) (Day) (Yr)
Estuary: Pub Trst: Shoreline: '� Ocean Hz: Other: Pri Nurs: ORW:
Wetlands: N0
(Yes/No)
SA:
DS:
CJ:
SY:
JR*
LS:
TY:
SS:
SC:
SP:
IF:
BF:
WS:
MF:
TYPE
(AEC
EXCAVATE
(Sq.R.)
FILLED
(Sq.FY)
RESTORE
(Sq.FIt.)
OTHER
(Sq.R.)
00
9
******* ASSESSMENT & DISPOSITION *******
Recommended Assmt: $ • Od References: 7J. (461 Criteria:
Report Rcvd: '� k:1/ Assessed: $y � To AG: / / To Violator: / / d
Payment Received: $ � _ On: / to In L Case Closed:
# Of Violators: Total Assessment: $ Total Received: $ 6Q)
REVISED: 12/92
LTIMA
00
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley, Govemor Donna'D. Moffitt, Director William G. Ross Jr., Secretary
September 6, 2001
Fairfield Harbor P.O.A.
Attn: Robert Brown
902 Coral Reef Drive
New Bern, N.C. 28560
RE: Payment of Proposed Penalty for Violations of the Coastal Area Management Act, Committed in
Craven County
CAMA Violation #00-19C
Dear Robert:
This letter will acknowledge receipt of your Check #09894, in the amount of $350.00, and dated
9/5/2001. Once. the amount of the check is credited to the Department of Environment and Natural
Resources' account, this matter will be fully and completely closed.
If you have any further questions concerning this matter, please contact me at my Morehead City office,
(252) . 808=2808. '
Sincerely;
M. Ted Tyndall
District Manager
MIT/rcb
cc: Donna D. Moffitt
'Charles, S. Jones
'Scott Jones i,�. is , U ..
ii Raleigh'Bland`COE
kh
I,
151-B Hwy. 24, Hestron Plaza,ll; forehead City, North Carolina 28557
Phone 252-808-28081 FAX: 252-247-33301 Internet: httpJ/dcm2.enr.state.nc.us
An Equal Opportunity \ Affirmative Action Employer - 50% Recycled \ 10% Post Consumer Paper
FAIRFIELD HARBOUR P.O.A. 09894
902 CORAL REEF DR. BRANCH BANKING &TRUST CO.
NEW BERN, NC 28560 NEW 66-112/53BERN, NC 28560
6-111
(252) 633-9980
09/05/2001
C
O
q
PAYTOTHE NC Division Of Coastal Management ««350.00 d
ORDER OF: $ a`
d
Three Hundred Fifty and
DOLLARS
NC. Division of Coastal Mngmnt N
Hestron Plaza 11, 151 B, Hwy 24 �� 8
Morehead City NC 28557
MEMO AUTHORIZED SIGNATURE M'
civil penalty, #84-1-9e, violation letter 5/26/00
~' II500989411' i:05310L12W:L19L104389u'
a S�? 0 G 2001
WAIVER OF RIGHT TO ADMINISTRATIVE HEARING
AND AGREEMENT TO PAY PROPOSED CIVIL ASSESSMENT
—4—Ob- IqC--
I understand that the staff of the Department of Environment and Natural Resources will
propose the assessment of a civil penalty in the amount of $350.00 against me for violation of the
Coastal Area Management Act, NCGS 113A-100 et seq., committed along Gondolier Drive, Trade
Winds Road, Hurricane Court, Wind Way, and Great Iguana Court, in the Fairfield Harbor
Community, Craven County, North Carolina. I also understand that I have a right under G.S.
1 13A- 126(d)(3) and 150B-23 to a quasi-judicial administrative hearing on the alleged violation and
proposed civil penalty.
In order to resolve this matter with no further action or expense on my part, I accept
responsibility for the violation as described in the Notice of Violation letter dated May 26, 2000,
voluntarily waive my legal right to an administrative hearing, and agree to pay the civil assessment
of $350.00. I understand that in doing so, I also hereby foreclose any right of appeal to the
Superior Court of North Carolina.
C1-S-61
DATE
SIGNATURE�illkl Fa IT X 4- t
ADDRESS10
�512- 633 -SSOQ
TELEPHONE NUMBER
Z 060 569 785
US'Nostal Service
Receipt for Certified Mail
No Insurance Coverage Provided.
"Do not use for International Mail (See reverse
Postage
Certified Fee I —) 16 _
Special Delivery Fee
Restricted Delivery Fee
LO
rn Return Receipt Showing to { ��
Whom & Date Delivered /
aI Retum Receipt Shmii+g to Whom,
o TOTAL Postage & Fees $ g
V) Postmark or Date
0
LL
0_
SENDER:
■ Complete items 1 and/or 2 for additional services.
■ Complete items 3, 4a, and 4b.
■ Print your name and address on the reverse of this form so that we can return this
card to you.
■ Attach this form to the front of the mailpiece, or on the back if space does not
permit.
■ Write 'Return Receipt Requested" on the mailpiece,belojv tho article number.
■ The Return Receipt will show to whom the artiGtiiwaes.delivered , and the date
delivered. „/' 1� „N
3. Article Addressed to:
rZeQeZ6
5. R�cjeiived By: (Print Name)
�!A I , CJII
6. Signat e: (Address ger
X (�
PS Form 3811, December 1994
I also wish to receive the
following services (for an
extra fee):
1. ❑ Addressee's Address Z
2. ❑ Restricted Delivery N
Consult postmaster for fee. a
4a. Article Number
?6(DO
4b. Service Type
❑, Registered
C7 Express Mail
0 E1*m Receipt for Merchandise
7� Hato of naiiv rail
8. Address
and fee
102595-98-10-02-29
e-E'Certified mc)
❑ Insured
❑ COD
0
o
w
o
quested .x
rn Receipt
UNITED STATES POSTAL SERVICE
First -Class Mail
Postage & Fees Paid
USPS
Permit No. G-10
• Print your name, address, and ZIP Code in this box 0
NC DIVISION OF COASTAL MANAGEMENT
HESTRON PLAZA II, 151-B, HWY. 24
MOREHEAD CITY, NC 28557
(919) 808-2808
fj ? iIIII11:5i1IIIIIdIII1,HI IIt11E1191II M 1*13IJI II411�llilt{
�'A (�D
�
9
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley, Governor Donna D. Moffitt, Director William G. Ross Jr., Secretary
CERTIFIED MAIL
RETURN RECEIPT REQUESTED August 31, 2001
Fairfield Harbor Property Owners Association
c/o Mr. Bob Brown
585 Broad Creek Road
New Bern, NC 28560
RE: CAMA Violation #00-19C
Dear Mr. Brown:
This letter is in reference to the Notice of Violation sent to you on May 26, 2000, for
undertaking unauthorized Major Development along Gondolier Drive, Trade Winds Road,
Hurricane Court, Wind Court, and Great Iguana Court in the Fairfield Harbor Community off
Broad Creek Road, adjacent to Northwest Creek, in Craven County. The development took
place with the Estuarine Shoreline of Northwest Creek. The Estuarine Shoreline is an Area of
Environmental Concern (AEC) as designated by the Coastal Resources Commission. There
was no restoration requested by the Division of Coastal Management.
The Coastal Area Management Act provides that a civil assessment of up to $2500.00
may be assessed for any violation. It is the policy of the Coastal Resources Commission to
assess a civil penalty for all violations. This is done to recover some. of the costs of
investigating violations and/or to compensate the public for any damage to its natural
resources.
Under Coastal Resource Commission rules, a civil penalty in the amount of $350.00 is
appropriate for this violation. In order to expeditiously resolve the matter, you may accept
responsibility for the violation, waive your right to an administrative hearing, and pay the
amount proposed above. I am enclosing two (2) copies of a "Waiver of Right to
Administrative Hearing and Agreement to Pay Civil Assessment•" . If you understand the
proposed assessment and wish to pay, you should: 1) sign one of the attached waivers; 2)
include a check or money order for $350.00 made payable to the North Carolina Department
of Environment and Natural Resources (DENR); and, 3) return the signed waiver and payment
to this office in the enclosed, self-addressed envelope within ten (10) days of receipt of this
letter. Once your check or money order is credited to the Department's account, you will be
notified of your compliance and the closure of this enforcement action. If you do not respond
within ten (10) days of receipt of this notice, I will issue a civil penalty assessment which you
may appeal by filing a petition for a hearing with the Office of Administrative Hearing.
151-6 Hwy. 24, Hestron Plaza II, Morehead City, North Carolina 28557
Phone: 252-808-2808 \ FAX: 252-247-3330 \ Internet: httpJ/dcm2.enr.state.nc.us
An Equal Opportunity \ Affirmative Action Employer — 50% Recycled \ 10% Post Consumer Paper
Mr. Bob Brown
Page 2
August 31, 2001
Thank you for your time and cooperation in resolving this matter. If you have any
questions, please do not hesitate to contact me at my Morehead City office 252-808-2808.
Sincerely,
M. Ted Tyndall
District Manager
Enclosures
cc: Charles S. Jones - Assistant Director, DCM
Scott Jones - Compliance Coordinator, DCM
#01-19C
WAIVER OF RIGHT TO ADMINISTRATIVE HEARING
AND AGREEMENT TO PAY PROPOSED CIVIL ASSESSMENT
I understand that the staff of the Department of Environment and Natural Resources will
propose the assessment of a civil penalty in the amount of $350.00 against me for violation of the
Coastal Area Management Act, NCGS 113A-100 et seq., committed along Gondolier Drive, Trade
Winds Road, Hurricane Court, Wind Way, and Great Iguana Court, in the Fairfield Harbor
Community, Craven County, North Carolina. I also understand that I have a right under G.S.
113A-126(d)(3) and 150B-23 to a quasi-judicial administrative hearing on the alleged violation and
proposed civil penalty.
In order to resolve this matter with no further action or expense on my part, I accept
responsibility for the violation as described in the Notice of Violation letter dated May 26, 2000,
voluntarily waive my legal right to an administrative hearing, and agree to pay the civil assessment
of $350.00. I understand that in doing so, I also hereby foreclose any right of appeal to the
Superior Court of North Carolina.
DATE
SIGNATURE
ADDRESS
TELEPHONE NUMBER
W ATFRQG
> _ —1
Michael F. Easley
Governor
William G. Ross, Jr., Secretary
Department of Environment and Natural Resources
Kerr T. Stevens
Division of Water Quality
DIVISION OF WATER QUALITY
April 11, 2001
Fairfield Harbour Property Owners Association
Attn: Mr. Robert D. Brown
585 Broad Creek Road
New Bern, NC 28560
Subject: Fairfield Harbour Development
Northwest Creek Drainage Outlets
Craven County
Dear Mr. Brown:
Our office received your proposal regarding the subject drainage outlets. The proposal
identifies each of the outlets and describes a plan for removal of the sediment deposits. We reviewed
your proposal and found it to be consistent with the instructions we gave during recent site visits.
While this work is relatively minor in nature, it is important that this activity be conducted properly
to avoid any impacts to the adjacent wetlands and surface waters.
It is my understanding that this activity will not require any other permits; however, please
contact me prior to implementing this work. Scott Jones, Division of Coastal Management
representative, and I would like to meet with your maintenance crew in order to observe the initial
stages of the work. Based on our phone conversation today, the work should be accomplished the
week of April 16, 2001.
If you have any further questions, please contact me at the Washington Regional Office,
(252)946-6481, ext. 264.
Sincerely,
William J. Moore
Environmental Engineer
cc: /Scott Jones, DCM - Morehead City
Danny Smith, DWQ - Wetlands Group, Raleigh
Deborah Sawyer, DWQ
WARO .
943 Washington Square Mall Washington, NC 27889 252-946-6481(Telephone) 252-946-9215 (Fax)
[Fwd', Fairfield Harbor Stormwater project]
Subject: [Fwd: Fairfield Harbor Stormwater project]
Date: Thu, 14 Dec 2000 09:37:33 -0500
From: Deborah Sawyer <Deborah.Sawyer@ncmail.net>
Organization: DENR
To: Mike Thomas <Mike.Thomas@ncmail.net>, Jason Green <Jason.Green@ncmail.net>,
Jimmie Overton <Jimmie. Overton@ncmail. net>,
Scott Jones <Scott.Jones@ncmail.net>, Brad Shaver <Brad.Shaver@ncmail.net>
Scott, Mike and Jason,
Sorry you couldn't attend the meeting yesterday. As you can see from the attached E-mail and letter
hand -delivered to me by Tom Jones, it was a little "rocky" at the beginning. This was very awkward for
DWQ staff. We belived it to be completely unnecessary for Tom to behave this way. We held a debriefing
after our field investigation and internal meeting with the POA and invited Tom Jones and Dick Goodwin
of the NRF. It was the POA's decision not to let the NRF attend the preliminary meeting. The following
decision was made:
• The Fairfield Harbor POA is still in violation of the NRB rules.
• The submitted remediation plan is unacceptable.
• A new plan is to be submitted for the treatment of N to 30% reduction
• A new NOV will be sent to the POA for new violations noted during the site investigation on
12/13/00. Violations are for sediment in the ditches in Zone 1 of the buffer (18" to 24") in 3 of the
6 unpermitted channels. There are also 6 ditches which have been excavated and attached to the
roadside ditches on single lots for the purpose of draining wetlands. These are to be closed up[ by
the POA after notification to to the COE, DCM and the property owners.
• The POA has 3 options: 1)do nothing and the DWQ will proceed with enforcement immediately, 2)
fill in 50' from the bank to comply with the rules, 3) have an approved plan for the 30% reduction
of N.
We'll keep you abreast of the situation.
Thanks,
Deborah
Subject: Fairfield Harbor Stormwater project
Date: Wed, 13 Dec 2000 14:12:43 -0500
From: "Tom Jones" <riverkeeper@neuseriver.org>
To: "John Dorney" <John.Domey@ncmail.net>, "Bill Holman" <Bill.Holman@ncmail.net>,
"Ernie Seneca" <Ernie. Seneca@ncmail. net>,
"Tommy Stevens" <Tommy.Stevens@ncmail.net>
CC: "Marion Smith" <marion@neuseriver.org>, "Nat Baggett" <baggett@coastalnet.com>,
"Dick Goodwin" <dgoodwin@coastalnet.com>, "Ken Wyman" <ken@newbemnc.com>,
<Bill.Moore@ncmail.net>, <Jim.Mulligan@ncmail.net>, <B ob.Zarzecki@ncmail. net>,
"Deborah Sawyer" <Deborah.Sawyer@ncmail.net>, <Debra. S awyer@ncmail. net>
Tommy,
Attached is a letter that I delivered to Division of Water Quality staff members this morning. It was prepared in the event that I
was excluded from their negotiations with the Fairfield Harbor Property Owners Association (POA) regarding resolution of a
violation involving destruction of buffers in the Neuse Basin (among ather violations received for this project). One of this year's
fish kills was in the impacted water body (1,700 dead in Northwest Creek), and the Rapid Response Team's report implicated the
1 of 2 12/ 15/00 9:33 AM
[Fwd: Fairfield Harbor Stormwater project]
unpermitted discharge points from the project as a potential cause.
I was indeed excluded, by the POA, by virtue of the meeting being held on their property. DWQ staff voiced "no objection" to my
presence. The POA did allow me to address them prior to the meeting, and to participate in a "briefing" with them and DWQ staff
after the session, which I will do, and for which I am appreciative. Of course, the end result will be a matter of public record in
any event, regardless of what transpires behind closed doors, and I will react accordingly. I offered only my services and
involvement for resolution, not to rehash unproductive recriminations.
I want to make clear that, by my letter, I am making no accusation of illegal actions by DWQ staff members. I truly believe that
DWQ staff members directly involved have the river's protection as their goal, and are proceeding with that end in mind. I am
disappointed in the end result of what have otherwise been positive and productive interactions. I feel that DWQ staff, while not
authorized or required to do more, could have exhibited some influence in this matter for a more cooperative event.
Therefore, I do object to this meeting being conducted in this fashion, and this letter makes the objection a matter of public record.
There are other concerns associated with this project beyond the technical considerations for N.O.V. resolution.
Letters have also been, and are being, sent to DWQ staff regarding this project from the Southern Environmental Law Center,
Nature Conservancy and the Sierra Club.
I would be happy to discuss details with anyone interested.
Tom Jones, Neuse Riverkeeper
Name: Fairfield Objection RT.rtf
Type: M WORD File (application/msword)
Encoding: quoted -printable
2 of 2 12/15/00 9:33 AM
December 13, 2000
Debra Sawyer
Division of Water Quality
Dear Ms. Sawyer,
A stormwater management project was begun this past spring in Fairfield Harbor which resulted
in multiple violations of state regulations. This project was conducted, at the behest of Fairfield
Harbor's Property Owners Association, by Robert M. Chiles, P.E. The project violated the
Coastal Area Management Act, the Sedimentation and Pollution Control Act, the Neuse River
Basin Nutrient Sensitive Waters Management Strategy and without a stormwater management
permit.
The Division of Water Quality has scheduled a meeting for today, Wednesday, December 13,
2000 at 10:00 a.m. at Fairfield Harbor to discuss installation of practices to remediate destroyed
buffers, while addressing Fairfield Harbor's stormwater management needs.
Fairfield Harbor's Property Owners Association has informed me that I, and the Neuse River
Foundation, will be excluded from this meeting, by virtue of it being held on their property.
Division personnel had communicated to me that if this were an issue, that the meeting would be
held at a public facility to accommodate our involvement.
I have no interest in anything other than a positive and productive resolution to implementation of
appropriate best management practices. In light of past violations, it is in the best interest of all
involved to hold these discussions with full participation of all legitimately interested parties.
I request that if we are to be excluded from this meeting due to its location, the Division of Water
Quality reconvene it at a public facility. If the meeting is held without our inclusion at its current
location, I must formally and publicly object.
Sincerely,
Tom Jones, Neuse Riverkeeper
cc Bill Holman
Tommy Stevens
John Dorney
Bob Zarzecki
[Fwd; Fairfield Harbor]
Subject: [Fwd: Fairfield Harbor]
Date: Thu, 14 Dec 2000 10:00:59 -0500
From: Deborah Sawyer <Deborah. Sawyer@ncmail. net>
Organization: DENR
To: Scott Jones <S cott.Jones@ncmail. net>, Coleen Sullins <Coleen.Sullins@ncmail.net>,
Jim Mulligan <Jim.Mulligan@ncmail.net>, Roger Thorpe <Roger. Thorpe@ncmail. net>,
Mike Thomas <Mike.Thomas@ncmail.net>, Jason Green <Jason.Green@ncmail.net>,
Jimmie Overton <Jimmie. Overton@ncmail. net>,
Brad Shaver <Brad.Shaver@ncmail.net>
Coleen,
Here's the 2nd E-mail from the NRF. FYI.
Deborah
Subject: Fairfield Harbor
Date: Wed, 13 Dec 2000 16:53:21 -0500
From: "Tom Jones" <riverkeeper@neuseriver.org>
To: "Tommy Stevens" <Tommy.Stevens@ncmail.net>
CC: "Ken Wyman" <ken@newbernnc.com>, "Marion Smith" <marion@neuseriver.org>,
"Joe Seigler" <jseigler@mindspring.com>, "Jim Mulligan" <jim.mulligan@ncmail.net>,
"Mary Ann Harrison" <tah@cconnect.net>,
"Lloyd Griffith" <lloyd.griffith@seagull-seafarer.org>,
"Dick Goodwin" <dgoodwin@coastalnet.com>, 'Bob Fritz <rjfritz@coastalnet.com>,
"Rick Dove" <riverlaw@coastalnet.com>, "John Dorney" <John.Dorney@ncmail.net>,
"Hank Colton" <coltonhe@coastalnet.com>, "Nat Baggett" <baggett@coastalnet.com>,
"Mike Thomas" <mike.thomas@ncmail.net>, "Ernie Seneca" <Ernie. S eneca@ncmail. net>,
"Bill Holman" <B ill.Holman@ncmail. net>, <Bill.Moore@ncmail.net>,
"Deborah Sawyer" <Deborah. Sawyer@ncmail. net>, <B ob.Zarzecki@ncmail. net>
Tommy,
Thanks for your response. Just got back from the briefing with DWQ staff & Fairfield Harbor's POA.
I am gratified at the apparent result of today's session between your staff and the POA. Wetland draining was identified, along
with corrective action. DWQ holds firm on the position that the proposed stormwater management plan is inadequate to address
remediation of destroyed buffers, and has asked the POA to direct Robert Chiles to again develop alternative stormwater
management facilities. The POA has agreed to do this. This may require creative, innovative practices outside the standard list. I
look forward to what that might be, along with supporting material.
We support this approach, and would welcome the opportunity to convert this from a contentious situation to one of a progressive
role model for other communities in similar situations. Time will tell.
I also know that my public delivery of a formal objection to your people made them very uncomfortable, as it did me. I conveyed
my intention to do so to two staff members (one from Raleigh and one from Washington) prior to the event, and I tried everything
else that I could think of first, but felt forced in the end to make an immediate and official statement as a final effort to achieve
what I felt to be an important objective for the River.
Thanks again, Tommy, and I hope you are doing well these days.
Tom Jones
1 of 1 12/15/00 9:36 AM
[Fwd: Fairfield Harbor Recap]
Subject: [Fwd: Fairfield Harbor Recap]
Date: Thu, 14 Dec 2000 10:05:31 -0500
From: Deborah Sawyer <Deborah. S awyer@ncmail. net>
Organization: DENR
To: Scott Jones <Scott.Jones@ncmail.net>, Brad Shaver <Brad. Shaver@ncmail. net>,
Mike Thomas <Mike.Thomas@ncmail.net>, Jason Green <Jason. Green@ncmail. net>,
Jimmie Overton <Jimmie. Overton@ncmail. net>
Here's the 3rd E-mail on this project. FYI.
Deborah
Subject: Fairfield Harbor Recap
Date: Thu, 14 Dec 2000 08:28:29 -0500
From: "Tom Jones" <riverkeeper@neuseriver.org>
To: "Deborah Sawyer" <Deborah. S awyer@ncmail. net>, <B ob.Zarzecki@ncmail. net>
CC: "Tommy Stevens" <Tommy. Stevens@ncmail. net>,
"Dewey Botts" <Dewey_Botts@mail.enr. state.nc.us>,
"Ken Wyman" <ken@newbernnc.com>, "Marion Smith" <marion@neuseriver.org>,
"Ernie Seneca" <Ernie. Seneca@ncmail. net>, "Joe Seigler" <jseigler@mindspring.com>,
"Jim Mulligan" <j im. mulligan@ncmail. net>, "Mary Ann Harrison" <tah@cconnect.net>,
"Lloyd Griffith" <]loyd.griffith@seagull-seafarer.org>,
"Dick Goodwin" <dgoodwin@coastalnet.com>, "Bob Fritz" <rjfritz@coastalnet.com>,
"Nat Baggett" <baggett@coastalnet.com>, "Hank Colton" <coltonhe@coastalnet.com>,
"John Dorney" <John.Domey@ncmail.net>, "Rick Dove" <riverlaw@coastalnet.com>,
"Bill Holman" <Bill.Holman@ncmail.net>, "Mike Thomas" <mike.thomas@ncmail.net>,
<Danny.Smith@ncmail.net>, <Bill.Moore@ncmail.net>
Deborah Sawyer
Bob Zarzecki
Deborah & Bob,
I know we've all got other projects to move on, so I hope after this I can put it aside for a bit. As you may understand from my
comments to Tommy Stevens, I didn't like putting you on the spot any more than you enjoyed having me do so. I didn't do so
lightly, & will not ever. I'm sure you also are aware that I remain firm in my commitment to involve myself in all future meetings
between DWQ staff and the Fairfield Harbor POA, so perhaps there is a solution that will not have to repeat yesterday's
scenario(?).
However, I feel very good about the outcome of yesterday's trials and tribulations. I greatly appreciated the briefing you and the
POA gave to Dick Goodwin and me, and the position that you maintained. Thank you.
While I will continue to profess hope for a shining model to emerge from the Fairfield Harbor stormwater project, and will work
towards that goal, I must remain vigilant, involved and guarded.
It is pertinent to note reasons for the POA to wish to conduct negotiations with you in private, and it's not because of your
Standard Operating Procedures. I know you are experienced and cognizant of these things, but I must state them anyway. The
ONLY reason can be that there would be efforts to conceal, mislead or improperly influence. As you all know, much bigger
operators and violators are very quick to see the advantage of Neuse River Foundation involvement when they truly decide to
properly address their violations.
The most blatant example came out in our post -session briefing: only 3 illegal ditches draining wetlands were addressed, and the
POA has "no idea" how these ditches came to be dug. We have identified 7 ditches needing investigation, which could have been
1 of 2 12/15/00 9:38 AM
[Fwd: Fairfield Harbor Recap]
done yesterday while you were on site. Now the POA promises to look for these themselves and properly address them on their
own (??), or yet another site visit must be conducted by staff?
In -line wetlands: I do look forward to creative solutions, & I know this site needs them badly if all parties are to get what they
want. I have extensive research background in nitrogen cycling in constructed and natural wetlands, and look forward to a
qualified expert's involvement in this project for development of such a facility. Read that: Bob Chiles is no such an expert. He
has already suggested that the existing ditches on site may already function in such a manner. However, I am quite comfortable
and confident in your oversight and capabilities in this issue.
I also look forward to resolution of penalties for violations incurred, especially in light of the possible implication by DWQ of the
illegal outfalls in the fish kill of September 1 of this year (1,700 fish).
Please let me state, for the record, that I will shout to the mountaintops that I have faith that you and most DENR employees want
what I want: protection and improvement of our water resources. I am personally experienced with the unreasonable workload
that staff is faced with, especially in the Regional Offices, and the pressures from the regulated community. My objective is to
facilitate your goals, even when my intrusions may seem otherwise. While my methods may exasperate you or complicate your
working life, in the long run I believe your ultimate objectives will actually be reached more effectively because of them. End of
soap box, thanks again for your diligence.
Sincerely,
Tom
Tom Jones, Neuse Riverkeeper
PO Box 15451
New Bern, NC 28561
(252) 637-1970
2 of 2 12/15/00 9:38 AM
..
Fairfield I Harbour
Property Owners Association 585 Broad Crech Road New Bern, NC 28560
office:252.633.5500 fax:252.635.2154
email.jhpoa@coastalnet.com
July 25, 2000 1 1 JUL 2 8 2000
NC Division of Coastal Management
Mr Scott Jones
Heston Plaza II, 151 B Hwy 24
Morehead City NC 28558
RE: Your Notice of Violation/CAMA Violation #00-19C
dated May 26, 2000
Dear Mr Jones:
I received the referenced letter on July 24, 2000 with a
postmark of July 20, 2000. We have ceased development on
the subject drainage project. We are working with other
NCDENR agencies to obtain required approvals prior to
proceeding. Robert Chiles Engineering or I will notify
you of the results of these efforts. If there is anything
else required of us, please advise.
Sincerely,
Robert D. Brown
Manager
RDB/vc
B43-35
NORTH CAROLIN EPARTMENT OF
ENVIRONMENT AND NAT RAL RESOURCES
DIVISION OF OASTAL MANAGEMENT
NCDENR
CERTIFIED MAIL
JAMES B. HUNT JR. RETURN RECEIPT R ,RETESTED May 26, 2000
GOVERNOR
BILL HOLMAN Fairfield Harbor Property Owners Association
SECRETARY ATTN.: Mr. Bob Brown
585 Broad Creek Road
New Bern, North Carolina 28560
DONNA D. MOFFiTT DIRECTOR RE. NOTICE OF VIOLATION(s) AND REQUEST TO CEASE UNAUTHORIZED
DEVELOPMENT
CAMA VIOLATION #00-19C
Dear Mr. Brown:
Information gathered by the NC Division of Coastal Management shows that you have undertaken
Major Development in violation of the Coastal Area Management Act.
No person may undertake Major Development in a designated Area of Environmental Concern
without first obtaining a permit from the North Carolina Coastal Resources Commission, North
Carolina General Statutes (hereinafter abbreviated NCGS) 113A-118. I have information that you
have undertaken Major Development by installing a new stormwater management / drainage system
which outfalls to Northwest Creek located along Gondolier Drive, Trade Winds Road, Hurricane
Court, Wind Way, and Great Iguana Court in the Fairfield Harbor Community off Broad Creek
Road, in Craven County. This development is being undertaken within the Estuarine Shoreline,
a designated Area(s) of Environmental Concern, and no permit has been issued for it. Therefore,
I have concluded that you are ` in violation of the permit requirement of the Coastal Area
Management Act.
I request that you immediately CEASE AND DESIST any further development and contact me
about this matter. A civil assessment of up to $2500.00 may be assessed against any violator. Each
day that the development described in this Notice is continued or repeated may constitute a separate
violation which is subject to an additional assessment of $2500.00. An injunction or criminal
penalty may also be sought to enforce any violation. NCGS 113A-126.
It is the policy of the Coastal Resources Commission to assess a minimum civil penalty of Three
Hundred Fifty Dollars ($350.00) against all violations. This is done to recoup some of the costs
of investigating the violation and/or to compensate the public for any damage to its natural
resources. Whether a higher amount will be assessed will depend on several factors, including the
nature and area of the resources which were affected and the extent of the damage to them. If
restoration of the affected resources is requested but is not undertaken or completed satisfactorily,
a substantially higher civil penalty will be assessed and a court injunction will be sought ordering
restoration.
MOREHEAD CITY OFFICE
HESTRON PLAZA 11, 151-B HIGHWAY 24, MOREHEAD CITY NC 28557
PHONE:2S2-BOB-2808 FAX:2S2-247-3330
AN EQUAL OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER - 50% RECYCLED / 10% POST -CONSUMER PAPER
DENR TOLL FREE HOTLINE: 1-877-623.6748
Fairfield Harbor Property Owners Association
May 26, 2000
Page 2
Please be advised that restoration of affected Estuarine Shoreline portions of Northwest Creek are not required
at this time. Any further modifications to these areas which may be essential in complying with related
regulatory agencies, will necessitate authorization by the NC Division of Coastal Management.
The relevant statutes and regulations are available from this office, and I am willing to assist you in
complying with the requirements of these laws. A site inspection will be made in the immediate future to
determine whether this REQUEST TO CEASE AND DESIST has been complied with. Once again, I
request that you contact me immediately about these matters.
Sincerely,
Scott Jones
Coastal Management Representative
msj
cc: Charles S. Jones, Asst. Director
M. Ted Tyndall, District Manager
Raleigh Bland, COE
Mr. Floyd Williams, DLR Regional Engineer
Mr. Jim Mulligan, DWQ Regional Water Quality Supervisor
Mr. Bob Chiles, P.E. P.O. Box 3496 New Bern, NC 28564-3496
UNITED STATES POSTAL SERVICE
First -Class Mail
111111 Postage & Fees Paid
uSPS
Permit No. G-10
• Print your name, address, and ZIP Code in this box •
NC DIVISION OF COASTAL MANAGEMENT
HESTRON PLAZA N, 151-B, HWY. 24 ,
MOREHEAD CITY, NC 28557
(919) 808-2808 N.)
Ca
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SENDER:
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State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
Washington Regional Office
James B. Hunt, Jr., Governor
Bill Holman, Secretary
Kerr T. Stevens, Director
April 11, 2000
Division of Water Quality
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
1••
NCDENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
Property Owners Association — Fairfield Harbor
Attn: Bob Brown
585 Broad Creek Road
New Bern, NC 28560
Subject: Notice of Violation
Dear Mr. Brown:
APR I 2000
COASTAL MANAGEMENT
ti-O9EHEAD
Neuse Basin Buffer Rules
Craven County
On April 7, 2000, Brad Shaver of the Washington Regional Office investigated a buffer
violation in the Fairfield Harbour Subdivision. Mr. Shaver observed five drainage ditches excavated
to the edge of the Coastal Marsh, as identified by Mr. Scott Jones with the Division of Coastal
Management. These ditches as well as the temporary sediment and erosion control devices require
notice to the Division of Water Quality, through a determination of "no practical alternatives", prior
to construction. The drainage ditches are constructed through the buffer and therefore require a
stormwater management facility to control nitrogen and attenuate flow before discharge through the
riparian buffer. All five of these drainage ditches are along Gondolier Drive within the subdivision.
The impacts to the riparian buffer referenced above constitutes a violation of the Neuse River
Basin: Nutrient Sensitive Waters Management Strategy; Protection and Maintenance of Riparian
Areas, Administrative Code T15A:0233, which states the following:
"This Rule shall apply to 50 — foot wide riparian buffers directly adjacent to surface waters
in the Neuse River Basin (intermittent streams, perennial streams, lakes, ponds, and estuaries),
excluding wetlands .... For surface waters within the 20 Coastal Counties within the
jurisdiction of the Division of Coastal Management, Zone 1 shall begin at the most landward
limit of the normal high water level, the normal water level, or the landward limit of coastal
wetlands as defined by the Division of Coastal Management and extend landward a distance
of 30 feet, measured horizontally on a line perpendicular to the surface water." Zone 2 would
be measured landward of Zone 1 an additional 20 feet, the combination width would be the
required 50 feet.
"Uses designated as allowable may proceed within the riparian buffer provided that there are
no practical alternatives to the requested use pursuant to Item (8)... These uses require
written authorization from the Division or the delegated local authority."
The disturbance within the buffer along Gondolier Drive constitutes a violation of this Rule
promulgated under .0233 (7)(b). The drainage ditch construction and the placement of temporary
sediment erosion control devices are considered allowable if constructed according to the Rule and
properly noticed. The Division of Water Quality requires after the fact notification as described in
.0233(8) for both activities. The design and drainage area of the drainage ditches needs to be shown
along with calculations justifying the 30% reduction in nitrogen required in the Rule for an allowable
drainage ditch through the riparian buffer. If this reduction is not met, the drainage ditches would be
considered prohibited and abatement to the buffer would be required.
Thank you for your attention to this matter and be advised that the Washington Regional
Office is considering recommending that an enforcement action be pursued for these violations.
Please thoroughly address the above mentioned issues in your response and provide any additional
information that you wish to provide within fourteen (14) days. If you have any questions
regarding this Notice or need additional information you may contact Brad Shaver of this office at
(252) 946-6481.
Sincerely,
Jim Mulligan
Regional Water Quality Supervisor
cc: \/WaRO
401 Wetlands Group
Bob Chiles, P.O. Box 3496 New Bern, NC 28564-3496
943 Washington Square Mall, Washington, North Carolina 27889
Telephone (252) 946-6481 FAX (252) 946-9215
An Equal oppotttmity Affirmative Action Employer 500/6 recycled/101/6 post -consumer paper
State of North Carolina "
Department of Environment and Natural Resources
Washington Regional Office
James B. Hunt, Jr., Governor _ Bill Holman, Secretary
CERTIFIED MAIL DIVISION OF LAND RESOURCES
RETURN RECEIPT REQUESTED LAND QUALITY SECTION
7099 3400 0004 2257 4165 May 5, 2000
NOTICE OF VIOLATION OF THE
SEDIMENTATION POLLUTION CONTROL ACT
Fairfield Harbour Property Owners Association
ATTN: Mr. Bob Brown, Manager
585 Broad Creek Road
New Bern, North Carolina 28560
RE: Fairfield Harbour -Drainage Improvements.
Drainage Basin: Neuse
Dear Sir:
On May 4, 2000, personnel of this office inspected a project
located on the east side of Trade Winds Road, along both sides of
Hurricane Court, north side of Wind Way, both sides of Great
Iguana Court and cleared areas (18 to 30 feet wide) in
preparation .for new drainage in Fairfield Harbour, in Craven
County, North Carolina. This inspection was performed to
determine compliance with the North Carolina Sedimentation
Pollution Control Act of 1973. The inspection revealed a land -
disturbing activity of approximately 3.4 acres being conducted.
It is our understanding that you and/or your firm are
responsible for this land -disturbing activity. The purpose of
this letter is to inform you that this activity was found -to be
in violation of the Act, NCGS 113A-50 to 66, and North Carolina
Administrative Code Title 15A, Chapter 4. If you feel that you
are not responsible for the following violation, please notify
this office immediately.
The violation found is:
a. Failure to file an erosion and sedimentation control
plan with this office at least 30 days prior to
beginning a land -disturbing activity on a tract
comprising more than one acre, when more than one acre
is to be uncovered; failure to secure this office's
prior approval of the plan for any land -disturbing
prior to beginning the land -disturbing activity. G.S.
113A-57(4) and 15A NCAC 4B.0007(c).
943 Washington Square,Mall, Washington, North Carolina 27889 Telephone 252-946-6481, FAX 252-975-3716
An Equal Opportunity Employeer 50%recycledt10% post -consumer paper
CERTIFIED MAIL
Fairfield Harbour Property Owners Association
ATTN: Mr. Bob Brown, Manager
May 5, 2000
Page 2
A check of our files revealed that an erosion and
sedimentation control plan has not been submitted
for this project.
Three (3) copies of an acceptable erosion and
sedimentation control plan plus the appropriate non-
refundable plan review fee must be filed with and
approved by this office and implemented on the site
sufficient to prevent offsite sedimentation. Temporary
measures must be provided immediately to control
erosion and prevent sedimentation damage. Any
additional land -disturbing activities conducted without
an approved erosion and sedimentation control plan will
constitute additional violations of the Act. We will
notify you _following our review of the plan if
additional measures are required.
The feeais payable by check or money order made payable
to the'Department of Environment and Natural Resources
(NCDENR). The fee is calculated [in whole acre units]
using $30.00 for the first disturbed acre plus $20.00
for each additional full or fractional disturbed acre.
Please be advised that the statutory review period will
not begin until the appropriate fee is received.
In addition, a N.C. Stormwater Management Permit is required
for every project in a coastal county which requires a plan.
Attached is information on and an application for a
stormwater permit. Please mail one set of plans, the
Stormwater Application and permit fee to Mr. Bill Moore at
this address.
To correct this violation, you must WITHIN 10 DAYS OF
RECEIPT OF THIS NOTICE OF VIOLATION submit an
approvable erosion and sedimentation control plan
addressing all swales that have been affected in the
past 6 months and are proposed to be constructed or
affected for the remainder of the drainage improvement
project.
Pursuant to NCGS 113A-61.1© and NCGS 113A-64 (a) (1), the
penalty for the initial violation could be an assessment of up to
$5,000.00 and a time period for compliance is not required for
enforcement of this violation . Therefore, the initial violation
is being referred to the Director, Division of Land Resources,
for enforcement. I urge you to correct this violation
CERTIFIED MAIL
Fairfield Harbour Property Owners Association
ATTN: Mr. Bob Brown, Manager
May 5, 2000
Page 3
immediately. Please be advised that if this violation is not
corrected by the deadline date, the Director, Division of Land
Resources, will be requested to take further appropriate legal
action against you pursuant to NCGS 113A-64. That action could
be the assessment of a civil penalty of up to $5000 per day for
each day of the violation. The penalty may be assessed from the
date of the violation (NCGS 113A-61(a)(1). If this violation is
corrected within the time period specified for compliance, no
further legal action will be pursued.
Please be advised that any new land -disturbing activity
associated with this project should not begin until the area
presently disturbed is brought into compliance with the Act.
When corrective actions are complete, you. should notify this
office so the work can be inspected. You should not assume that
the property is in compliance with the Act until we have notified
you. After installation, all erosion control measures must be
maintained in proper working order until development is complete
and the site is completely stabilized.
We solicit your cooperation and would like to avoid taking
further enforcement action. However, it is your responsibility
to understand and comply with the requirements of the Act.
Copies of the relevant statute and administrative regulations may
be examined at this office or, if requested, be sent to you.
Should you have questions concerning this notice or the
requirements of the Act, please contact either Patrick McClain or
me at your earliest convenience.
Sincerely,
Floy R. Williams, C.P.G., P.G.,
C.P.E.S.C.
Regional Engineer
FRW:PHM:sc
Enclosure: Sedimentation Inspection Report
cc: Mr. Bill'Noyes, P.E., Sedimentation Control Specialist
Mr. Jim Mulligan, Water Quality Regional Supervisor
Case #
NORTH CAROLINA DEPARTMENT OFEN1,7RONMENT AND NATURAL RESQURCES
LAND QUALITYSECTION. 943 Washington Square Mau, Washington, NC 27889 (919)946-6481
County:ect:7) 1:ka azeP_ �il���✓/ c Rive Basin iYcuSc
Person Financially Responsible: 6 P )
Address: SR He 0.4�
1. Project Location: i�i2Flc`c�.9�.3�c�� Pictures: Yes 13-' No ❑ Prints ❑ Slides Video ❑
2. Weather and Soil Conditions: 1A.1
3. Is site currently under notice of violation? Yes ❑ No
4. Is the site in compliance with the S.P.C.A_ and the rules?. Yes ❑ No 21" If No, check violations below:
V'olations:
No approved plan, G.S. 113A-57(4) and 15A NCAC 4B.0007(c) ❑ g. Inadequate buffer zone, G.S. 113A-57(1)
❑ b. Failure to follow approved plan, G.S. 113A-61.1 ❑ h. Graded slopes and fills too steep, G.S. 113A-57(2)
or 15A NCAC 413.0024 (d)
❑ c. Failure to submit revised plan, G.S. I I3A-54.1(b) and ❑ i. Unprotected exposed slopes, G.S. 113A-57(2)
15A NCAC 4B.0018(a)
❑ d. Failure to provide adequate groundcover, G.S. 113A-57(3) and ❑ j. Failure to maintain erosion control measures,
I SA NCAC 413.0007(b) or 15A NCAC 413.0024(e) 15A NCAC 413.0013
❑ e. Insufficient measures to retain sediment on site, G.S. 113A-57(3) ❑ k. Other (describe)
❑ f. Failure to take all reasonable measures, 15A NCAC 413.0005
6. Has sedimentation damage occurred since the last inspection? Yes ❑ If yes, where? (check all that apply): No ❑
Lake/natural watercourse on the tract ❑ Lake/natural watercourse off the tract ❑ Other property ❑
Degree of damage: Slight ❑ Moderate ❑ Severe ❑ 1
7. Contact made with (Name) e Title
Inspection report given ❑ or sent 21"" to the Person Financially Responsible Date given/sent
8. Corrective actions needed: S4-r6,J/ % ,-o-v✓ �P.oi1 tJ 3L= c"��S! 4s.
ANa t777t9 9
- S411.5f4 IF.
9. Comments: ;tea S ✓.4Lc cow/ _7X,9;n,, WX VTR r�YT< y 1"7GZ�i�rl3�GT ij S�� �-1 c �.2i vim=
Gt�i4 S/ %/ Lc S LO=+ic`Rc� � 1L i�ls.—�� �b gcLouJ 2�i%Tilry G� GXis�/�/G Sr�.gcc.
eo=�/-o c-e fife—.a•�! .SGd�9Ge s o �/
C S/77c` Or' %�i9-�o lnllNDS �'f',7✓. Di= G�iA/Vss�;2,� Lgi✓c �� /1/vhJ/ �i.•/D h�iAyc
�S�c L��i¢SS . � �e� 4u7"F/¢'GLS i✓as✓.f I�'7zv?O5�'l� gi�GLii�v�> ��./
-T
�hjZZAICAn/c
Report by: OL_z / Others present: 4.-� z_-ze_zr/
v A � � 115 Time leaving site: Date of Inspection: � � Time arriving at site: g
cc:
LAND QUALITY SECTION
PROJECT: �Q,�jWaA� , S Page Z of 7i
COMMENTS:
Y
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INSPECTED BY: ,E,!�Ll`l%< /�� /aeC2e�-�Gs7/ DATE:
of fc, I
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- turf
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p�4-�[3
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hlur
53i 8
oNdo/;-. D
Ditch #4 - No violation, 5 0' back
from Coastal Vegetation
Ditch #5 - Outside AEC, however
in buffer zones, ditch ends at
Coastal Vegetation
Ditch #6 - 10' from water's edge,
ditch ends at Coastal Vegetation
Dit7devices.
eft 6 had sediment control
within Zone I
OHEHEAD MINT
to
z Al,
2 Ditch # Ditch #
�j: 7
I I.. t
............
Or
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