20160286 Ver 1_Emails_20160404

Burdette, Jennifer a
From: Burdette, Jennifer a
Sent: Monday, April 04, 2016 11:36 AM
To: 'Lastinger, James C SAW'
Subject: RE: [EXTERNAL] Corps Action ID # SAW -2016-00095
James,
Sorry for the delay in my response, I was out of the office most of last week at a conference.
Based on the information provided by the commenter, DWR will request a copy of the Phase I Environmental
Assessment and Phase 11, if applicable, in our request for additional information letter and share the letter and
response with the Division of Waste Management. We will then consult with DWM about how we should
proceed based on the information provided.
Thanks,
Jennifer
Jennifer Burdette
401/Buffer Coordinator
Division of Water Resources - 401 & Buffer Permitting Branch Department of Environmental Quality
919 807 6364 office
[e-mail]
1617 Mail Service Center
Raleigh, NC 27699-1617
(Physical Address: 512 N. Salisbury St, Raleigh, NC 27604 - 9th Flr Archdale Bldg - Room 942F)
Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be
disclosed to third parties.
-----Original Message -----
From: Lastinger, James C SAW [mailto:[e-mail]]
Sent: Monday, March 28, 2016 4:15 PM
To: Burdette, Jennifer a <[e-mail]>
Subject: FW: [EXTERNAL] Corps Action ID # SAW -2016-00095
Jennifer,
I received these comments for a PN/IP we have running and wanted your thoughts on it as I'm not sure the land
owner sent it to DENR. My concerns are with the claim of hazardous materials on site and water quality (being
that the project waters flow to Jordan Lake). Can you provide me with any information on whether or not DENR

will require any onsite testing etc., if comments of this nature are submitting during the public notice comment
period?
James Lastinger
Regulatory Specialist
Raleigh Regulatory Field Office
US Army Corps of Engineers, Wilmington District
ADDRESS: 3331 Heritage Trade Drive, Suite 105 Wake Forest, NC 27587
Tel: [phone], x32
Fax: [phone]
-----Original Message -----
From: Daniel B. Martin [mailto:[e-mail]]
Sent: Monday, March 28, 2016 9:30 AM
To: Lastinger, James C SAW <[e-mail]>
Subject: [EXTERNAL] Corps Action ID # SAW -2016-00095
204 Persimmon PI
Apex NC 27523-9275
March 28, 2016
Mr. James C. Lastinger
Regulatory Specialist
Raleigh Regulatory Field Office
3331 Heritage Trade Drive Suite 105
Wake Forest NC 27587
Ref: Corps Action ID # SAW -2016-00095
Dear Sir:
This Corps Action pertains to a 56 -acre assemblage in Apex which K.
Hovnanian Homes intends to develop as a residential subdivision called Oak Pointe. My residential lot borders
on the 13 -acre Castlebury tract which is a major element in the assemblage.
When my house was being built I visited the job site almost every day.
At that time (1984) there were still a few hen houses standing, remnants of the former Castlebury poultry
operation. Bit by bit the late James Carlyle Castlebury sold what he could and disposed of the remaining debris.
Disposal, in this case, meant burial. Objects too large to bury were simply abandoned on the surface, left to
rust and rot. Some of it is still seen a few steps away from my back yard.
Burying the debris was done primarily by JC's longtime employee, an elderly farm hand named Jim Harrington
who lived in a trailer on that property. He moved and buried things using an agricultural tractor equipped with
a loader bucket. I saw all sorts of things being buried and believe that leftover agricultural chemicals were
among them. Such substances (arsenic -laden wood preservatives, leaded paints, herbicides, insecticides, etc.)
would be called Hazardous Materials in today's world
but back then it was nothing more than "stuff to get rid of." Both

men, Castlebury and Harrington, are deceased so we can't ask them for details.
Jim Harrington continued the cleanup for many months after I moved into my house. I was acquainted with Jim
as a neighbor because his trailer was situated quite near my back yard. Jim's companion Delaina Burt lived with
him, and I employed her as a house cleaner.
I am concerned about buried materials which will be disturbed during the installation of utilities and building of
houses. This will cause pollution in Beaver Creek and pose a health hazard to the children who will live in Oak
Pointe. Young children are known to play in the dirt and put all manner of things in their mouths.
I have made known my observations and concerns several times in the past but nobody takes the problem
seriously.
In July 2014 KHov's consultant, TerraTech Engineering, sent a crew to test the soil throughout the Oak Pointe
assemblage. I met this crew and spoke to them. They explained the testing was done to determine the load-
bearing capacity of the soil. It had nothing to do with chemicals.
In September 2014 1 met with Mr. Tommy Morgan, Land Acquisition Manager for KHov. I showed him the area
involved and he took photos of the debris which remains on the surface to this day.
In December 2014 the Apex Planning Board and Apex Town Council held separate hearings to consider a
Rezoning Petition filed by KHov. I testified about materials buried on the site. I urged them to require a
chemical analysis of the soil before ruling on the rezoning question.
They listened and nodded but seemed to disregard my information because such environmental issues are not
relevant to rezoning. The rezoning was approved, as was a subsequently -tendered Subdivision Master Plan.
In January 2015 1 corresponded with Mr. Bruce Lefler at NC DENR to make them aware of this hazard. Nothing
came of it.
In my opinion KHov practices willful disregard of the hazard. It suits their purposes to NOT test the soil so they
may continue to say, "we are unaware of any hazards."
The possibilities of buried HazMats remains an unknown risk... a risk to KHov construction workers, a risk to
Oak Pointe residents, a risk to pollution of Beaver Creek. I hope that the Army Corps of Engineers withhold
approval of the application until KHov does a scientific Hazmat soil test and performs any remediation you
deem necessary.
Daniel B. Martin
204 Persimmon PI
Apex NC 27523-9275