20011043 Ver 1_Emails_20080903

Site visit to Smith and Austin Creek restoration site
Subject: Site visit to Smith and Austin Creek restoration site
From: Stephanie Horton <[e-mail]>
Date: Wed, 03 Sep 2008 17:54:52 -0400
To: Amy Chapman <[e-mail]>
CC: Bill Gilmore <bill. gilmore@ncmail. net>, Tad Boggs <Tad. Boggs@ncmail. net>, Mac Haupt
<Mac. Haupt@ncmail. net>, Jan Eason <[e-mail]>
All, I apoligize in advance for this long e-mail. If you'd prefer to discuss in
person, just call me. Thanks
Stephanie
715-1263
Amy,
Thank you for visiting the subject site with me today. I appreciate the time that
you and Rob Ridings took to go out. Would you please let me know if more needs to
be added to this summary, or if you heard anything different? Then, I'll archive
this e-mail for the file, and set up a meeting with you and Bill.
The neighbors, Mr. and Mrs. McGann, expressed their concern about the scruffy look
of riparian buffer on an area that he told us was in sod at the time they bought
their house, in 2003. They have been maintaining lawn and mulched beds on the
State's property, which was donated in fee simple by the developer to the State, in
part as mitigation for impacts on site, in 2001. They want EEP to cut and take away
the dying sweet gum that is on State Property on the edge of their property, and to
be given a planting plan for this stream and buffer mitigation project so that the
view from their own lawn is of pretty plants and not of scruffy secondary
succession. Mrs. McGann suggested that they be allowed to plant into their
existing fescue, which was planted onto the State's property. Unfortunately, due to
fescue's allelopathic properties, this is unlikely to allow successful growth.
Mr. McGann showed us that his neighbors, the Crawfords, have sprayed and killed the
entire lawn area within the State's property. His neighbors, the Phillips, have
very nice stone beds that are on the edge of the State's property, and the buffer
looks very messy next to them. He also mentioned that if the sweet gum tree is cut
and left on the State's property (which he said several times they do consider an
easement, and their own yard) that he plans to have a TV news crew on site. In
addition, he and his neighbors paid a premium for those lots for golf course views,
and he might sue the developer, because now he can't see through the trees on the
State's mitigation land.
EEP restored the stream and riparian buffer at a cost of approximately $1 million,
and the site has now been monitored for 5 years past construction. The 5 neighbors
along Hidden Jewell have been mowing and landscaping portions of the State's
property, approximately 0.2 acres, but this was just discovered about a year ago.
Since then, we have been educating them about riparian buffers and water quality
benefits, and have sent several letters requesting no mowing.
Please see the latest letter from EEP to the neighbors, attached.
Amy & Mac,
One thing that I see clearly now from this aerial in the attached letter that I
didn't notice before: The ditch that comes into the stream that was riprapped at
the sewerline IS clearly on our project area. That is something I need to get
guidance on from EEP technical staff. In additon, the small ditches that we
discussed along the Hidden Jewel segment might need notices of violations as well.
Mr. McGann is right, that looks like a very big problem on the other side, and I
don't know who did that.
Jan, let's discuss before you go onsite with the survey plats to confirm one last
time our property boundary before we take down the tree.
Stephanie
Tim elineAndViolationSummaryHiddenJewell.doc Content-Type: application/msword
1 of 2 9/10/2008 8:15 AM
Site visit to Smith and Austin Creek restoration site
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HiddenJewelDoNotMowLetterSent08O4O8.doe Content-Type: application/msword
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2 of2 9/10/2008 8:15 AM
Your message
Subject: Your message
From: Bill Gilmore <[e-mail]>
Date: Tue, 09 Sep 2008 08:31:44 -0400
To: James Mcgann <[e-mail]>
CC: Bill Laxton <[e-mail]>, Manly Wilder <Manly. Wilder@ncmail. net>
Jim,
I am waiting to hear back from DWQ and their take on the meeting with you. That should happen
soon. Please be aware that the area is intended to be a natural buffer. We will coordinate a plan with
DWQ and get back to you accordingly.
-------- Original Message --------
Subject:Re: Call from DWQ
Date:Mon, 8 Sep 2008 22:33:15 -0400
From:James Mcgann <jmcgann(cb
,lenovo.com>
To:Bill Gilmore <Bill.Gilmore(a),ncmail.net>
CC:amy.chapman ,ncmail.net, bill.rossna,ncmail.net
Bill ...just wanted to follow up...Met with Amy and Stephanie.... Amy was refreshing to talk
to...Stephanie..the same message over and over ...you can't mow...but we have no plan to resolve the
issue with the area.. Also, today some folks once again came thru our properties without permission to
put more signs in our back yards indicating state property-no mowing, cutting or vehicles. I would like
to see a viable plan from the state to resolve this issue, and will wait until 9/17 before pursuing
additional council and contacting appropriate state officials.
I think we have been more than patient ...but the continued writtten threats, verbal dicussions, and signs
being placed in our backyards is utterly ridiculous ...I think the state has alot better things to do, then
hassle us...I think others will agree.
Regards,
Jim
1 of 1 9/10/2008 7:47 AM
[Fwd: Re: Heritage Meeting] Hidden Jewel Smith & Austin Creek
>> Corps of Engineers and the NC Water Quality Group to ask them to
>> visit our properties and see if we can work out a compromise with
>> them that would minimize impact to our properties and your expense,
>> and would allow them to sign off on the projects. Could you please
>> let me know who the appropriate contacts would be.
>> Thanks in advance for your help.
>> Regards,
>> Jim McGann
>> Director, Relationship Sales
>> Lenovo Americas
>> 919-257-4962
of 2 8/12/2008 9:31 AM
[Fwd: Re: Heritage Meeting] Hidden Jewel Smith & Austin Creek
Subject: [Fwd: Re: Heritage Meeting] Hidden Jewel Smith & Austin Creek
From: Stephanie Horton <Stephanie. Horton@ncmai l.net>
Date: Tue, 12 Aug 2008 09:23:41 -0400
To: Amy Chapman <[e-mail]>
FYI
------- Original Message --------
Subject:Re: Heritage Meeting
Date: Wed, 30 Jan 2008 11:19:13 -0500
From:Stephanie Horton <Stephanie.Horton(a ncmail.net>
Organization: Land Protection Supervisor, EEP
To:Jim McGann <imcgann a,us.lenovo.com>
References: <OF59F9AEE6.B8454131-ON852573DF.00527630-852573 DF.0053906(a,us.ibm.com>
<479FC956.7040904 a,ncmail.net>
Mr. McGann,
The Army Corps of Engineers (federal regulatory) stream mitigation
guidance is at this link:
http://www.saw.usace.army.mil/wetlands/Mitigation/stream mitigation.html
Stephanie Horton wrote:
> Hello Mr. McGann,
> Thank you for your note.
> There is no need to talk to anyone about negotiating credits on the
> State's restored property, which is adjacent to your lot at the Smith
> and Austin Creek stream restoration site. Our Monitoring and Research
> section is responsible for that.
> I thought you wanted to discuss treatment qualities of turf as it
> relates to runoff with the regulatory agencies for your own
> information. The websites below contain much of the information that
> I attempted to convey last night in condensed form. These websites
> also contain contact information for those agencies.
> This is the N.C. Division of Water Quality mitigation website.
> http://h2o.enr.state.nc.us/ncwetlands/stream wetland mitigation.html
> This is a link to the U.S. Army Corps of Engineers regulatory guidance
> on stream mitigation.
> http://h2o.enr.state.nc.us/ncwetlands/stream wetland mitigation.html
> Jim McGann wrote:
>> Stephanie..I wanted to send you a note to again thank you for coming
>> last night to the "Lion's Den" and for reviewing the program and
>> answering our very difficult and at time very emotional questions. I
>> know you understand how we feel ...we have worked very hard for 5
>> years to make these areas in our backyard not only visually pleasing,
>> but environmentaly friendly..at least we thought.
>> I think there were many good ideas discussed and would appreciate
>> your teams considertaion of our ideas. I am going to contact the
? 8/12/2008 9:31
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MEMORANDUM:
TO: Adjacent landowners, Hidden Jewel Lane
Smith & Austin Creek Stream Restoration Site
FROM: Stephanie Horton
Land Protection Supervisor
Ecosystem Enhancement Program
DATE: 08/02/08
SUBJECT: Smith/Austin Creek boundary check
During a site visit on July 23, EEP staff members noticed that mowing is occurring on the State
property adjacent to your lot.
These activities are not allowed on this State property. Please refrain from mowing this land.
EEP staff installed signs marking the edge of the State property several months ago.
Mowing had ceased for a few months, but now a portion of the property adjacent to your lot has
been mown again.
Previous correspondence from the Ecosystem Enhancement Program described the project,
restrictions, and purpose. Thank you for your attention to this matter.
Trespass violations
Hidden Jewel Lane
CRAWFORD, STEPHEN RAY & DIANE S
1004 HIDDEN JEWEL LN
PHILLIPS, TALMADGE P JR TRUSTEE PHILLIPS, BESTY C TRUSTEE
1008 HIDDEN JEWEL LN
MCGANN, JAMES M & MARY ANN
1012 HIDDEN JEWEL LN
WALKER, ERIN S & SCOTT
1016 HIDDEN JEWEL LN
BAILEY, JENNIFER J & DAVID J
1020 HIDDEN JEWEL LN
Ay T,
NCDENR
'?,?rr?r I ?li?.l ;slei , Enhancemen: Program, 1652 Mail Service Center, Raleigh, NC 27699-1652 % 919-71S-0476 / w??.?ree rite
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