No preview available
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 W.z-] 26121 ZCJc) t � as-19i530 KC DATE 3 wo i $ /Op= LARS lb Bank of America. ACHRM053000196 t 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 $50.00 fee? *completed an AEC Hazard Notice, if necessary? FOR STAFF USE Site Notice Posted Final Inspection Fee Received Site Inspections Date of Action: Issued Exempted Denied Appeal Deadline (20 days) 'SEP-16-02 MON 2:14 PM ROBERT M CHILES P.E, FAX NO. 2526373100 P. 7 ADJACENT PROPERTY OWNERS 1. Chester D. Marks 5212 Bucco Reef Road New Bern, N. C. 28560 4 r 2. Karl Gunsser 5214 Bucco Reef Road New Bern, N. C. 28560 3. Theodore Lagerfeld 5512 Gondolier Drive New Bern, N. C. 28560 4. Robert J. Murphy 708 E. Lake Road Penn Yan, N.Y. 14527 5. Michael F. Furfero 31 Balsam Parkway Sparta, N.J. 07871 6. Fred N. Markewicz 444 SR 24 Chester, NJ 07930 LEGEND TB TOP OF BANK TOE TOE OF BANK a PROPERTY LINE = CENTERLINE Do i CHECK DAM � o ® RIP -RAP, TIC I� �Iv: r'� LOT 347 0� TBTOE TO ` E�5'TING 1 ` LOT 346 SWALE FILLED WITHIN BUFFER AND BUFFER REVEGETATED S APPROXIMATE LANDWARD LIMITS OF NEUSE RIVER BUFFER APPRO MATEI r� WATER'S EDGE SHEET 2 _ of FAIRFIELD HARBOUR POA CAA PMWT APPLICATION U MR BUFMR R,E,S'TOBATNON 20 :`''' �H ••Rp g OWFALL "t" 30 �•`% ��� �FE S�G;��i�• TOWNSHIP NUMBER 2 CRAVEN COUNTY NORTH CARouN DATE:- APRIL 22002 Ra$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 '. �M�1C LEGEND IJ Vj TB TOP OF BANK TOE TOE OF BANK if) C PROPERTY LINE }' �► CHECK DAM a® RIP -RAP RE AL ift ilk 2 14 � L07 388 � �1YfF �- To- --- ...� • of --- • .� . :r __mm_ --- mas= c LOT 367 � o JL W SWALE FILLED WITHIN BUFFER o I AND BUFFER REVECETATED APPROXIMATE LANDWARD LIMITS I „ APPROXIMATE OF NEUSE RIVER BUFFER f ,! WATER'S EDGE i W N W I/• 0p ~ N 71 t 20' •�...� 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 ,o 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 M. ++c+%01106 y ''L;�ir� AL A' A � '� Ac jL AL Ak AL 1 AL* AL AL AL LAL AL g AL A AL AL L AL A, �Illc ALL iltc ,L ,,L 'wy ALAl, ALL iifc/^i� % rd(� i±c Alk AL AL AL AL AL AL AL AL AL AL Ja Ak AL AL AL��l& AL JLL A. AL AL AL AL AL Alk AL AL AL LEGEND TB TOP OF BANK TOE TOE OF BANK PROPERTY UNE w CENTERLINE CHECK DAM ® RIP -RAP NYC. L07 257 roe SCALE FILLED WITHIN BUFFER AND BUFFER REVEGETATED i 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 FOR rn BMW RE ORAMN 0VTFAl.L "C" CAROM a2�! TOWNSHIP NUMBER 2 CRAVEN COUNTY NORTH yr� PWQ� �iSrit / SEAL . $ DATE: APRIL 3. 2002 RVBMT X Cali iiL'� , P. L'' . - p� " 5365 _ 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 Q�;N CAR ;� �.••'FEss � .ti9 .Q SEAL 5365 M. N y N 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 J rrt m 3 z� =r Q O ►i - co I I -A `G H �hCD o :27 PM ROBER i M CHILES P. E. ■ ■ ■ FAX NO. 2526373100 3 d.< Aa ■ Complete items 1, 2, and 3. Also complete -% 5--0 c �; m item 4 If Restricted Delivery is desired. rn 3 ■ Priint your name and address on the reverse 5 3 so that we can return the card to you. m 2 m - r9^ c a ■ Attach this card to the back of the mail piece, the front if space N $ q� N or on permits. EF50 m m a 0 E; 11 I 1. Article Addressed to: �i Mr. Chester D. Marks t^ ~ o ; a 5212 Bucco Reef Road E; New Bern, N. C. 28560 m m m c X 0 P a — r� e V O 1113 ❑ ❑ i a ■ z rat 3 .y 0 > 0 -0 = 5' rs 3.59 3 tom+ N � Q CID 0 ::r H O tD > no o�n� M a a co 00 1 N m 13 C? y r— fD o =r w o cn N ►1 (D _ H c°Di1 H. " `" ' 9 0 0 CD t] a m N' p w (DRv � 3 � 8 m to m P. 20 A, f3ecelved by (Please Print Clearly) 15. Date j Deliveq j • /V/t /< C. Sig e � —44 X -- l rose D, del' address different tr ftem 1? ❑Yes Y , enter delivery address below: ❑ No 3. Service type ,XQ Certified Mail ❑ Expross Mal ❑ Registered A Return Receipt for Merchandise ❑ Insured Mail ❑ C.O.D. 4. F ps*ted Dew"T(Extra Fee) ❑ Yes 2. Article Number 7099 3400 0011 0638 4582 (Transfer from service tabeo PS Form 3811, March 2001 - Domestic Return Receipt I ■ 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 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= A. Received by (Please Print Cleary) I B. Date of Deliver C. ❑ Agent (�( ❑Addressee of li-delivery address different from ' em 17 U Yes If YES, enter delivery address below: ❑ No L- 3. Service Type DkCerdfled Mail ❑ Express Mail ❑ Registered Return Receipt for Merchandise ❑ Insured Marl ❑ C.O.D. 4. Restricted Delivery? (Extra Fee) ❑ Yes 2. Article Number /UZIZI 34UU UU11 UOJtS 4b/7 (Transfer from service labeo 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 A Received by (Please Print Cleary) + Bta g(Deliver C.. Wature �/f �EJ Agent X [] Addresse D. Is delivery addresddiff6nt tjxa item 1? 13 Yes If YES, entei4delivery, address below ❑ No 3. Service Type ,gS.Certifled Mail E3 Express Mail ❑ 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, ;.... . o- TU 7 I Mr. Ric '0 Postage m C] Certified Fee Retum Receipt Fee (Endorsement Required) C3 Restrcted De'v ry Fee p orsement (EndRequired) GTotal Postage & Fees S Name (Please Print Clee m .......jk.---Mich. 11-. Stmet Apt No.; or PO i 31 Balsa Cr r- goarta. ru r � Mr. Robert J. Murphy `a m Postage $ C3 lied Fee { Return Receipt Fee (Endorsement Required) s\ (j M Restricted Deilvery Fee C (Endorsement Required) t C3 ! C3 Tout Postage a Fees S M Name (Proese Print Clearly) (to be completed by a Mr....Robert ,J•t_ .Murp-hy____. Er tr Street Apt. No.; or PO Box No. 70$ e. Lake Road � C State. I l6`enn VaN n. N.Y. 14527. Er e ng , Q. . Ln Ln 13 Mr. Ken Gunsser ca Postage s ca � Mr. Theodore Lacierfe so p Certified Fee / 4 Ca Postage S Postmark CeNfied Fee r-1 Return Receipt Fes T Here t� ZID ra (Endorsement Regwrg (f s `�� Return Receipt Fee 7� G Restricted Delivery Fee 8Z `_ ra (Endorsement Required) v O (Endorsement Required) G Resrcted Oetivery Fee (FtWors=0 Regvirocil t3 Total Postage l Fees O f l Name (Please Print Clearly) (to bs completed by mailer) O Total Postage a Fees ,$ V Mr. Ken Gunsser ...................... f l Name (Please Print Clearly) (to be completed b •-�••� ••� -•• Mr. Theodore La erfe�� Q' treat, Apt No.; or PO Box No. o- 5214 B cco Reef Road - ••••••-• l G ...............� .... ._ street Apt Na: aPdtioxiVo. t`• G state.lIP+4 Kew Bern, N.C. 28560 I •t�52••Ganstolier-•-Drive... New Fern, N. C. 28560 Postal Postal (DomesticCERTIFIED MAIL RECEIPT CERTIFIED MAIL RE� Only, . Insurance Coverage .vided) (Domestic Mail Only; tv ,-n to r -x Mr. Chester D. Marks s Mr. Fred N. Markewicz ca M Postage S m Postage S C3 SO C3Certilled Fee 2, —� Certified Fee oAMarit VJ� G ra Return Receipt Fee i\ Return Receipt Fee U (Endorsement Required) Q (Endorsement Required) 0 Restricted Delivery Fee p Resirk ted Delivery Fee L7 (Endorsement Required) �14 DJ� �Q` �m p (Endorsement Required) Total Postage A Fees $ 8 Total Po O s a �N i G stags A Fees "' NMr�I Chester D�cMarkaym+uten S Name (p'easePrintt:re- "#a becompte'e°°yi "' Mr_. Fr_ Fred N. Markewicz O' Streetd tlVo, orPt3BoxNo. beet I. :or Box No. Ir 5212 'Bucco Reef Road Er 44 i O Qt 'stare, ZiPs................... New Bern, N. C. 28560 r- Chester, NJ 07930 or* Hetr�� Hers I `'- 4 ate/ 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 A * a 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. TopoZone -. The Web's Topographic Map Page 1 of 1 Get a Map Place name search Decimal degrees Deg min/sec UTM coords Download Maps TopoFactory Login About F000FactOry_ Specifications TopoFactory Store Howto... Put topo maps on your Web site Get digital data Link to us What's New? Get the To o�Times Press releases New @ TopoZone Awards Help Map tips T_000 map symbols FAQ support Priv_a.Cy policy_ About us et:OM Target is UTM 18-320537E 388243ON -,UPPER BROAD CREEK quad jQua Click here to download a custom topographic map with TonoFact Find Trails Near: UPPER BROAD CREEK powered by Trails.com meters I 0.5 1.0 miles I I I Coordinates (NAD27): _(F, UTM Cr D_D.DDD_D G D/M/S r ! Show target `Ernall .this and BookmariThis map' ,Print this,map;' The TopoZone is produced by Maps a la carte, Inc. - © 2000 Maps a la carte, Inc. - All rights reserved. Use of this site is governed t and Terms of Use. We care about your privacy - please consult our Privacy Statement for details. httn://www.toDozone.com/map.asp?z-18&n=3882431&e=320538&s=25 08/19/2002 DUCCO REEF RD. OUTFALL C TRADE WINDS RD. ) OUTFALL A GONDOLIER DR. OUTFALL I NEUSE RIVER II C, IP9 N �- �«' � N NTR c MT11-m1 SHEET 1 _ of FAIR.FIELD HA.RBO UR PO.t_ ❑71" C"A PERM -IT APPLICATION ani iron .B'UFFR RESTORATION LOCATION AMP i `' L l �✓ 1 TOWNSHIP NUMBER 2 � CRAVEN COUNTY NORTH CAROUN "0 DATE: APRIL 3-2002 RO'BEi l.�,i11J. Rl M. Z J08 NO: 98258 ENGINEERS AND CONSULTANTS SCALE:_ NONE 'NEW DERN, NORTH CAROLINA T o^AYY -u.. .... ..%. xurr LEGEND 1D TOP OF DANK TOE TOE OF DANK l' PROPERTY LINE a CENTERLINE AL CHECK DAM OM RIP -RAP olZ O 0 ro o <I3 = J > r ul r LOT 347 t- rn n tt I TI3 8 -� TOE -� •�_ Imo— I TD TOE EXISTING LOT 346 SWALE FILLED WITHIN DUFFER AND DUFFER REVCGETATED APPROXIMATE LANDWARD LIMITS OF NEUSE RIVER DUFFER o- n N APPRO (MATE ml m WATER'S EDGE I !I N 20'1A Rn301 '''�r Y 5 10 PROPOSED bs s b, Y �, O Lam_ •YY•Y••• •�\\. .� A L:_ - s SHEET __Z _ Of _ 5__ 9 FIAMR.FIEI LD HARBOUR POLO. CAMA P. IRMIT APPLICATION FOR BUII'.F'E'.R .RESTORATION OUTF416 'I" DATE: APRIL 2,2002 RaBERT M. CHILES •..•� E. :' JOB NO: ENGINEERS AND CONSULTANTS SCALE. --IL- 40, NEW BERN, NORTH CAROLINA APPROXIMATE WATER'S EDGE LEGEND ,j N TB TOP OF BANK < z TOE TOE OF BANK PROPERTY LINE <C v CENTERLINE CHECK DAM c_w RIP -RAP ct:no A. 8l Z� � s LO7 36fi TO — -- `Tor Ow I EAWTING SWALE FILLED WITHIN BUFFER AND BUFFER REVEGETATEO LOT 367 APPROXIMATE. LANDWARD LIMITS 017 NEUSE RIVER DUFFER o z PROPOSED _ 5365 b e� a� ' SHEET 3 of 5 FAIR.FIELD HARBOUR POz, CAMA PERMIT APPLICATION BUF.E.ER RESTORATION O UTFALG A " TOWNSHIP NUMaER 2 CRAVEN COUNTY NORTH CAROLIN DATE: APRIL 3, 2002 ROBERT I, CMT S, .,p. Ir. JOB NO: 90259 ENGINEERS AND CONSULTANTS' ": ,'?_' i SCALE: _ �L"�92 'NEW DERN; NORTH CAROUNA LEGEND IL TO TOP OF BANK ' TOE TOE OF DANK AL L AL P PROPERTY LINE � � CENTERLINE 9Vc 11L IL`^ t ilt� '�` �` AL ALa CHECK DAM IUD iV� iL �IIL IL QM RIP —RAP AL illc. '�yll� ALL 'lll` C.G•,ill� � �lYc ll!` ,tVc 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 '>V` 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 cz) 0 hT I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I # I A I I t I I I I I SENDER: o ■ Complete items 1 and/or2'for additional services. W ■ Complete items 3, 4a, and 4b. N ■ Print your name and address on the reverse of this form so that we can return this card to you. d ■ Attach this form to the front of the mailpiece, or on the back if space does not m permit. ■ Write "Return Receipt Requested" on the mailpiece below the article number. t ■ The Return Receipt will show to whom the article was delivered and the date delivered. c I also wish to receive the following services (for an extra fee): 1. ❑ Addressee's Address 2. ❑ Restricted Delivery Consult postmaster for fee. o. 3. Article Addressed to: 4a. Article Number 4b. Service Type . O a(�a �b � �.. El Registered 'i �`�1�• ❑ Express Mail Cn w Return Receipt for Merchandise cc ❑� 5." Rpceived By: r-1 -I��.r'eor r� 6. Signatur (Ad ressee orAget a X L� =� PSForm 3811, December 1994 8. and fee is paid) .2—Krtified ❑ Insured ❑ COD (Only if 102595-98-13-0229 Domestic Return Receipt T �-OD�tgCr 069 56gi 760 US Postal Service Receipt for Certified Mail No Insurance Coverage Provided. Do not use for International Mail See reverse Postage I $ Certified Fee Special Delivery Fee Restricted Delivery Fee Return Receipt Showing to Whom & Date Delivered .0 Retum Receipt Showing to Whom, Q Date, & Addressee's Address o TOTAL Postage & Fees $ 00 c7 Postmark or Date 0 LL a WO-Ro 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 _K_aA/i�G/ !'/�C�1Jl�C�II-ice! �/1%P%lltre- `C_ C1�4 eft J� i172_/Gl�Llil_! �l f3390 !1 a 174 (v.�oZOo sri 7�7'" .7' G 72 o It -pe, �o ,r>- = 7 0� s� Fj v -97- r2n> jxm .¢ /�z`9, vow ,l�` z y�S(O = ,j. `/3 .oc INSPECTED BY: ,E,!�Ll`l%< /�� /aeC2e�-�Gs7/ DATE: of fc, I 130ryus7 �oarL Z - turf Ie T4 p�4-�[3 4 c-t— 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 N..; U. -'isr