20010357 Ver 1_More Info Received_20070319

Upchurch Farms Emails & Communications Regarding Pond
3-19-07
• In addition to the emails there have been numerous meetings and phone conversations.
From: Cindy Domencic [mailto:[e-mail]]
Sent: Monday, March 19, 2007 9:27 AM
To: '[e-mail]'; '[e-mail]'
Cc: 'Eric Kulz'; 'Lauren Cobb'; '[e-mail]'; 'towns@upchurchfarms. net'; '[e-mail]'
Subject: Additional OF Inquiry/Concern
Charles,
Here are some additional pictures taken from Friday evening March 16 after the rain. The natural area is disappearing
and flooded. Also, the area across from the pond at the intersection of Luke Meadow and UFL is basically a swamp.
There is no path for the water to carry down stream.
Cindy

s

From: Cindy Domencic [mailto:[e-mail]]
Sent: Friday, March 16, 2007 4:03 PM
To: '[e-mail]'; '[e-mail]'
Cc: 'Eric Kulz'; 'Lauren Cobb'; '[e-mail]'; 'towns@ u pch u rchfa rms. net'; '[e-mail]'
Subject: OF Pond Problems
Charles & All,
I would like to add some pictures as follow up regarding the boards concern with the OF pond. Here are some pictures
taken today at 2:00PM. This seems like a large volume of water flowing in to the pond. It is very concerning as it
appears to increase hourly. Also, water is flooding and flowing through the natural area - this was not occurring prior to
the recent modifications. In addition, the area between the forebay and pond has been eroding very quickly today.
Please advise as to what modifications the Town will require the Developer to make for this area to function properly.
Cindv Domencic
3-14-07 Pictures

From: [e-mail] [maiIto:[e-mail]]
Sent: Thursday, March 01, 2007 4:01 PM
To: Cindy Domencic
Subject: Re: Upchurch Farms
Cindy,
Tom Horstman talked with Mike Jones and he stated that he would finish the pond within 2 weeks. I will be going by to check on
the progress of the site.
Charles Brown
Stormwater Engineering Technician
TOC Engineering Department
919/460-4934
919/621-6469 (mobile)
"Cindy Domencic" <[e-mail]>
02/28/2007 10:11 PM
Charles,
To <[e-mail]>
cc <[e-mail]>
Subject Upchurch Farms
Can you provide a list of items Mike Jones needs to complete in the Upchurch Farms subdivision? Also, a specific list of
items Mike Jones needs to complete regarding the pond.
Thanks,
Cindy Domencic
OF BOD
From: Charles. [e-mail] [mailto: Charles. [e-mail]]
Sent: Monday, February 19, 2007 11:14 AM
To: Cindy Domencic
Subject: RE: Upchurch Farm - Dissipater pad
I have inspected the site the other week and have sent a report regarding getting work done and finished on the site.
Charles Brown
Stormwater Engineering Technician
TOC Engineering Department
919/460-4934
919/621-6469 (mobile)
"Cindy Domenic" <[e-mail]>
02/19/2007 08:44 AM
Charles,
To <[e-mail]>
cc <[e-mail]>
Subject RE: Upchurch Farm - Dissipater pad
Have you had a chance to look at the dissipater situation mentioned in the attached email? Also, we have been trying to
get a status on our pond out here at Upchurch Farms from Mike Jones. They were out several weeks ago and taped it
off and never came back out. Do you have any information we can relay to our residents regarding this. If not, could
you possibly get it from Mike Jones?
Thanks for your help.
Cindy Domencic
From: [e-mail] [mailto:[e-mail]]
Sent: Wednesday, January 24, 2007 12:56 PM
To: Cindy Domencic; Lawrence. Ha [e-mail]
Cc: [e-mail]
Subject: Re: Upchurch Farms
Hi Cindy,
I am forwarding this message onto Lawrence Hardy, Zoning Compliance Supervisor. I am no longer with the Planning
Department so he would have jurisdiction. Thanks.
Kirk Stafford
Stormwater Engineering Technician
Town of Cary Engineering Department
316 North Academy
Cary, NC 27512-8005
919-462-3886
[e-mail]
"Cindy Domencic" <[e-mail]>
01/24/2007 09:42 AM
Kirk,
To <[e-mail]>, <[e-mail]>,
<[e-mail]>
cc <[e-mail]>, "'Cecilia Williford<[e-mail]>
Subject Upchurch Farms
I am sure you are aware of the recent activity at the Upchurch Farms pond. Several weeks ago, the engineering
company and developer came in and ripped out all the landscaping and excavated the pond. The landscaping they
ripped out has been sitting for 4 weeks now. Today they are replanting all the items. I have enclosed an email from
Mike Jones below stating he would replace anything in the planting plan that dies. Unfortunately, we will not know what
dies until the spring.
To ensure that he honors his word, can you wait to sign off on the landscaping portion of the pond? If you need to meet
to discuss this, please let me know.
Thank you,
Cindy Domencic
OF BOD
From: Mike Jones [mailto:[e-mail]]
Sent: Wednesday, December 20, 2006 10:29 AM
To: Cindy Domencic
Subject: RE: OF Pond Question
The volume that the pond holds is suppose to be bigger and we have been told to increase it. Someone will be by
tomorrow afternoon to replant what was moved. I will replace what is in the planting plan that dies. There is a chance
we will have to do more of the same to another side of the pond if we cannot get the volume with the changes we have
done so far. This is regulated by the NC Division of Water Quality.
Michael L. Jones, CCIM
Mercury Development
5660 Six Forks Road
Suite 202
Raleigh, NC 27609
[phone]
[phone] (fax)
[phone] (mobile)
-----Original Message-----
From: Cindy Domencic [mailto:[e-mail]]
Sent: Tuesday, December 19, 2006 8:40 PM
To: 'Mike Jones'
Cc: [e-mail]; 'Cecilia Williford'
Subject: OF Pond Question
Mike,
Have you been out to the OF pond since the dredging has begun? As of yesterday, quite a bit of landscaping has been
ripped out and it looks like it is dying. The board is fielding a lot of inquires from concerned residents. Do you have
some information we can pass along to the residents regarding the ponds plans.
Thanks,
Cindy
OF BOD
From: [e-mail] [mailto:[e-mail]]
Sent: Monday, October 23, 2006 8:27 AM
To: Cindy Domencic
Cc: [e-mail]
Subject: Re: Upchurch Farms - Landscaping
Cindy,
As per our conversation when we all met on site with Mike, he can wait until the trees he wishes to plant drop their leaves. This
will give the plants the best chance of survival since they will be dormant. I am sending this message to Mike also and request that
he respond to you with his schedule of planting. Thanks.
Kirk Stafford
Zoning Compliance Officer
Town of Cary Planning Department
P.O. Box 8005
Cary, NC 27512-8005
919-469-4044
[e-mail]
"Cindy Domencic" <[e-mail]> To <[e-mail]>
10/21/2006 05:25 PM cc <[e-mail]>, <[e-mail]>
Subject Upchurch Farms - Landscaping
Kirk,
I was just checking on an update for the landscaping that Mike Jones will be doing. I know you have given him until the
end of November. It is getting in to late October and we are getting concerned that we will miss another planting
season.
thought Mike would have at least started the missing sidewalk. Would you be able to get a progress report from him?
Thank you,
Cindy
Notice of Zoning Violati'on'
Certified Mail #7005-1160-0003-1124-7455
Return Receipt Requested
April 11, 2006
Mike Jones
Mercury Development
5660 Six Forks Road
Raleigh, NC 2 7609
RE: Site Plan Violation for Missing Landscaping at Upchurch Farms Subdivision, Cary, NC
Case #06-ZV-221 Real ID #0289636
Dear Mr. Jones:
I was contacted by Ms. Cindy Domencic and Ms. Pam Monk of the Upchurch Farms Homeowners
Association concerning missing landscaping at Upchurch Farms subdivision. They provided me
with Town of Cary approved site plans with the missing landscape vegetation highlighted. I am
including those highlighted pages from approved development plans 02-SP-054 (Tract 4 Phase 2),
02-SP-120 (Tract 3 Phase 1), 02-SB-003 (Tract 5 Phase 3), and 00-SB-004 (Tract 4) for your
review.
I am also aware of missing landscaping and a missing Type A buffer adjacent to the home nearest
the storm water detention pond on Upchurch Farm Lane and was waiting for the final disposition of
the pond from Charles Brown, Erosion Control Officer. I spoke with Mr. Brown concerning the
plantings mentioned above around the detention pond and he indicated that those plantings could
be installed at this time with a small easement remaining for access to the pond.
Corrective Action Required: Please review the plans and contact me within 7 days
concerning all the missing landscaping. Be prepared to provide an installation timeline for
all landscaping that has yet to be installed.
Thank you for your attention to this matter. Should you have any questions, please feel free to
contact me at [phone].
Sincerely,
Kirk Stafford
Zoning Compliance Officer
Enclosures: Fine Structure for non-compliance
Copy of Plans with highlighted items
Fine Structure
Should you not comply by deadline, you will be subject to the following civil penalties:
• One hundred dollars ($100.00) on the first day
• Two hundred dollars ($200.00) on the second day
• Three hundred dollars ($300.00) on the third day, and
• Four hundred dollars ($400.00) for each day thereafter that the site is in violation.
From: [e-mail] [mailto:[e-mail]]
Sent: Friday, April 28, 2006 7:58 AM
To: Cindy Domencic
Subject: RE: Case #06-ZV-221
Please find the letter attached. Thanks.
Kirk Stafford
Zoning Compliance Officer
Town of Cary Planning Department
P.O. Box 8005
Cary, NC 27512-8005
919-469-4044
[e-mail]
"Cindy Domencic" <[e-mail]> To <Kirk. Stafford@townofcary. org>
04/27/2006 06:52 PM cc Drew & Audrey Stevenson<[e-mail]>
Subject RE: Case #06-ZV-221
Kirk,
Thank you for the update. Is it possible to get a copy of the letter you sent to Mike?
Thanks,
Cindy
From: [e-mail] [mailto:[e-mail]]
Sent: Thursday, April 27, 2006 3:00 PM
To: Mike )ones
Cc: [e-mail]; [e-mail]
Subject: Re: Case #06-ZV-221
Mike,
I appreciate your willingness to work with me on the remaining plantings at Upchurch Farms. As per our conversation today
please find attached a Town of Cary landscape agreement to cover the missing landscaping detailed in my letter to you dated April
11, 2006. Please return that to my attention. I agree to meet with you around the time of planting in the fall 2006 to work out the
placement of the remaining landscaping. Thank you.
Kirk Stafford
Zoning Compliance Officer
Town of Cary Planning Department
P.O. Box 8005
Cary, NC 27512-8005
919-469-4044
[e-mail]
Mike Jones" <mike*mere urv-dev.com>
04/27/2006 09:57 AM
To <[e-mail]>
cc
Subject Case #06-ZV-221
Kirk, I am in receipt of your letter which requires a response, but before I can respond I have a couple of questions.
would appreciate if you could give me a call at your convenience. I can me reached on my mobile at 602-8280.
Thanks,
Michael L. Jones, CCIM
Mercury Development
5660 Six Forks Road
Suite 202
Raleigh, NC 27609
[phone]
[phone] (fax)
[phone] (mobile)
-----Original Message-----
From: [e-mail] [mailto:[e-mail]]
Sent: Friday, March 24, 2006 5:09 PM
To: Tom. Horstma [e-mail]; [e-mail]
Cc: [e-mail]; Cindy Domencic; 'Drew & Audrey Stevenson'
Subject: Re: FW: Upchurch Farms
I have drafted a letter to Mercury Development asking Mike Jones to review the plans that show the missing
landscaping in Upchurch Farms Subdivision. Mark Tutor, Zoning Compliance Supervisor, will review the
letter before it is mailed.
Kirk Stafford
Zoning Compliance Officer
Town of Cary Planning Department
P.O. Box 8005
Cary, NC 27512-8005
919-469-4044
[e-mail]
From: [e-mail] [maiIto: Charles. [e-mail]]
Sent: Friday, April 07, 2006 10:07 AM
To: Cindy Domencic
Cc: 'Drew & Audrey Stevenson'
Subject: RE: Upchurch Farms - Questions
I have attached a copy of the maintenance agreement that the homeowners association has to provide and a copy of the owners
manual for the pond. Look them over and if you have questions give me a call. I will get the pond information in the mail.
Charles Brown
Erosion Control Stormwater Officer
TOC Engineering Department
919/460-4934
919/621-6469 (mobile)
"Cindy Domencic" <[e-mail]> To <[e-mail]>
04/07/2006 09:54 AM cc Drew & Audrey Stevenson<[e-mail]>
Subject RE: Upchurch Farms - Questions
Charles,
Is it a possibility to use one of the alternatives? The use of an alternative would have to take in account many factors
such as drainage area and the amount of storage needed and the alternatives would take up as much space or be more
of a maintenance problem. The pond is used for solids removal and nitrogen removal. Other alternative (dry ponds,
underground detention will not be a alternative because they only store water and slowly release (no treatment). That
only leaves bio-retention and sandfilters. The bio-retention area would be like the one at the pool area. The sandfilters
would be to large and cost prohibitive. The cheapest to build and maintain would be the wet pond that is onsite. If so, is
there someone you could recommend that could give us consultation for alternatives. Also, is there any one you can
recommend that could give us an idea of what our future need will be in regards to managing the pond and the areas
around it?
Yes, I would like a copy of the pond elevations.
Thank you, Cindy
From: [e-mail] [mailto:[e-mail]]
Sent: Friday, April 07, 2006 8:38 AM
To: Cindy Domencic
Cc: 'Drew & Audrey Stevenson'
Subject: Re: Upchurch Farms - Questions
If you would like a copy of the plans for the pond elevations that we have I will be glad to make a copy and mail it to you.
Charles Brown
Erosion Control Stormwater Officer
TOC Engineering Department
919/460-4934
919/621-6469 (mobile)
"Cindy Domencic" <[e-mail]>
04/06/2006 04:33 PM
Charles,
To <[e-mail]>
cc Drew & Audrey Stevenson<[e-mail]>
Subject Upchurch Farms -Questions
We have a few questions regarding the stormwater pond here in Upchurch Farms.
1. Is there suppose to be water in the pond? Either in the perm or temp state? The pond will become a permanent
device. It will be a wet pond that treats stormwater and will hold water year round. The white pvc pipe is a skimmer that
draws down water in the pond to help settle out sediment from construction. Once the town home site is more stable the
developer will pump down the pond and clean it out to the elevations approved on his plan. We will inspect the pond and
then the skimmer will be removed and the pond will be allowed to fill up and stay full as long as water is entering the
pond.
2. If the pond is not operational how can we not make it operational? We will need to have at least 90 percent build
out of the town home section to allow the developer to go in and clean out the pond.Then we can make it a permanent
pond.
3. Is the stream supposed to dump in to the pond? If not, can the pond be separated from the stream? The stream
was to flow into the pond. The developer has approval from the C Division of Water Quality to put this pond in place as
a form of treatment for storm water.
4. If the way this pond operates (with a stream) is not something the Town normally approves are there alternatives
to this pond? There are alternatives to wet ponds such as the bioretention area at the pool. There are also dry ponds,
sand filters, grass swales and underground detention. The wet pond is the most used within the town for stormwater
within subdivisions.
5. Will the sediment pond stay once the pond goes to perm status? The pond will be drained down and the excess
sediment that is in the pond that has increased the bottom elevations will need to be removed.
Thanks,
Cindy Domencic

a

7 77-

R:.

} T
A F, S's ,Iv O'
r i _ zr to .Gnttc7 pc id
JiC

i -

Ree'd April 6, 2006
Tom
Thomas L Horstman
Erosion Control Supervisor
Engineering Department
318 North Academy Street
Cary, NC 27513
919-469-4347 Phone
919-388-1134 Fax
919-218-9391 Mobil
Tom,
When we met with Charles a few weeks ago he said that he saw no reason for
the pond to be a temporary device anymore. He said that he would give Mike
a date for completion and then start imposing fines. I am unclear on why
its status has not been changed to permanent? Currently, Mike wants to
turn the HOA over to the homeowners, Khov said they would landscape the
pond area as soon as Mike was finished with it. I have attached an email
below from Mike stating he would be through with his part in November last
year.
I really feel we are getting different reasons from different people as to
why this pond is not being completed. Actually, I feel we are getting the
run around. We are looking to the Town for help with this matter. I don't
understand why the Town is reluctant to enforce this issue.
Is it at least possible to get some kind of documented binding agreement
from the Town between the Town and Mike Jones that he will fix this thing
and have it landscaped per the submitted plan?
Respectfully,
Cindy
From: Charles.BrownCTownofCary.org [mailto:[e-mail]]
Sent: Monday, March 20, 2006 3:53 PM
To: Cindy Domencic
Subject: Re: Upchurch Farms
I'have talked with him concerning the pond and I hope to meet with him to
discuss working on the pond. He has stated that the work will be done
concerning the pond. It still is acting as a temporary device at this time.
He may be able to plant around the pond edge but leave space to put in
equipment. I am requesting the paperwork for the pond though.
Charles Brown
Erosion Control Stormwater Officer
TOC Engineering Department
919/460-4934
919/621-6469 (mobile)
"Cindy Domencic"
<[e-mail]>
03/20/2006 01:55 PM <[e-mail]>
cc <[e-mail]>
Subject Upchurch Farms
From: [e-mail] [mailto:[e-mail]]
Sent: Monday, February 27, 2006 8:38 AM
To: [e-mail]
Cc: Cindy Domencic; [e-mail]
Subject: Re: Upchurch Farms HOA
Charles,
As soon as the pond is finished from the stormwater end the plantings can go in. I'd be happy to meet with you all.
Kirk Stafford
Zoning Compliance Officer
Town of Cary Planning Department
P.O. Box 8005
Cary, NC 27512-8005
919-469-4044
[e-mail]
Charles Brown/Cary
02/27/2006 08:14 AM
To "Cindy Domencic" <[e-mail]>
cc Kirk Stafford/Cary@Cary
Subject Re: Upchurch Farms HOALJ nk
The planting plan is overseen by the Zoning Compliance Officer. I think the officer for your area is Kirk Stafford. He would be
responsible for the planting plan. Part of the pond will need to be cleaned out and surveyed and there will be paperwork needed from
Mercury Development. Just give me a call and we can set up a time to get together with Mr. Stafford so we can address any
questions.
Charles Brown
Erosion Control Stormwater Officer
TOC Engineering Department
919/460-4934
919/621-6469 (mobile)
"Cindy Domencic" <[e-mail]>
To <[e-mail]>
02/26/2006 04:40 PM cc <[e-mail]>, "'Pam Monk<pmonkcrs n aol.com>
Subject Upchurch Farms HOA
Charles,
Thank you for the message you left on Friday. I had some questions regarding the original site/planting plans
submitted to the Town of Cary by Mercury Development. I have a copy of the plans from Rice & Associates. There is
quite a discrepancy between what was submitted and what is in place with respects to the pond and several other areas.
Does the Town require what is on those original site plans to be implemented? How far is the developer allowed to
deviate from those plans? Could we possibly meet or talk further to address our concerns.
Thanks,
Cindy Domencic
---- Original message -----
From: Mike Jones [ma ilto:m ikcrr E, ?i.:? dev. com]
_ F
Sent: Tuesday, November 29, 2005 9:36 AM
To: Drew & Audrey Stevenson
Subject: RE: Upchurch Farms
I spoke with my engineer and the survey crew has received
information. They need to plot it on the computer to see
any. I will have to dredge out the small fore-bay (upper
pond) it is full of sediment. There are over 17 pages of
fall out for the Town of Cary regarding the pond and the
Realistically, I will be fortunate to complete it all by
keep you posted.
Michael L. Jones, CCIM
Mercury Development
5660 Six Forks Road
Suite 202
Raleigh, NC 27609
[phone]
[phone] (fax)
[phone] (mobile)
From: Mike Jones [mailto:mikeCmercury-dev.com]
Sent: Wednesday, November 02, 2005 12:03 PM
To: Drew & Audrey Stevenson; [e-mail]
Cc: Cindy Domencic; Cecilia
Subject: RE: Upchurch Farms
all the topography
if I need to dredge it out
documents my engineer has to
maintenance of it.
the end of January, but I will
The pond is currently drainedso I can get the topography and verify it is
as deep as construction plans required. If it is not I will have to get
some heavy equipment in to dig it out. My survey group is currently doing
as built surveys on the new construction and I hope to have them in the
pond within two weeks.
I would say by the end of November I will
can push that date up and will contact yo
Michael L. Jones, CCIM
Mercury Development
5660 Six Forks Road
Suite 202
Raleigh, NC 27609
[phone]
[phone] (fax)
[phone] (mobile)
be through, but I will see if 'I
when I am completed.
-----Original Message-----
From: Miller, Mark [mailto:[e-mail]]
Sent: Wednesday, November 02, 2005 8:53 AM
To: [e-mail]; [e-mail]
Cc: [e-mail]; [e-mail]
Subject: Re: Upchurch Farms
YardNique will perform the pond plantings in the coming weeks. It is still a very dry climate. I will give you a call this week to
discuss in more detail, Drew.
Mark.
-----Original Message-----
From: Drew & Audrey Stevenson <[e-mail]>
To: Miller, Mark <[e-mail]>; [e-mail] <[e-mail]>
CC: Cindy Domencic <[e-mail]>; Cecilia <[e-mail]>
Sent: Wed Nov 02 08:01:54 2005
Subject: Upchurch Farms
Mike/Mark,
Could you please tell us what the current plans are for the Upchurch Farms
pond? Mike, do you have more work that you are planning to do on the pond? I
believe that YardNique is ready to landscape around the pond, but they are
waiting until the other work is completed. Could you give us some type of
timeframe for the work? The reason for the questions is that our
neighborhood hopes that all of this work and the landscaping can be
completed during the "Fall Planting Season" so that we can see results in
spring.
Any information that you can provide will be greatly appreciated.
Regards,
Drew
From: Cindy Domencic [mailto:[e-mail]]
Sent: Tuesday, February 21, 2006 4:45 PM
To: '[e-mail]'; '[e-mail]'
Cc: 'Cecilia Williford'; 'John Stone'; 'Drew & Audrey Stevenson'; '[e-mail]'; 'Jay'; 'Sami Hanna'; 'Sunil
Chandra'; '[e-mail]'
Subject: Upchurch Farms Pond Inquiry
Importance: High
Tom,
Thank you for the information you provided regarding the pond in Upchurch Farms. I have included an email
thread from our Management Company and developer Mike Jones stating that the developer is ready to turn
the HOA over to the owners. The target date for turnover is the end of March 2006.
Per our conversation today you mentioned that Charles Brown would be assessing our pond and that you
would be initiating the change from temporary pond status to permanent. As it is crucial the pond obligation
is fulfilled before we accept the HOA from the developer, could you provide us with a timeline for the
modifications? If possible could you please provide us with the following:
1. When the process should commence.
2. Developer responsibilities (surveying, dredging, etc.)
3. The timeline the Town will give the developer for modifications.
4. When fines would be imposed if the requirements are not met.
Again, thank you for your time.
Cindy Domencic
Transition Team/Upchurch Farms
-----Original Message-----
From: Cecilia Williford [mailto:[e-mail]]
Sent: Tuesday, February 21, 2006 12:15 PM
To: Drew & Audrey Stevenson [[e-mail]]
Cc: Jay; Sunil Chandra; Sami Hanna; Cindy Domencic; Pam Monk
Subject: FW: Financials
Hello,
Mercury is ready to turn over the association to the owners. This means you need to have the annual meeting be an
annual/transition meeting. A homeowner Board of Directors will be elected for the master and for the townhome. Since
Mercury is not sending a representative, I will ask if John or Ed can come to the meeting. Mike Jones is willing to meet
with representatives elected to the board after the meeting.
Please let me know when you are interested in having this meeting. The Senior Center is available March 28th and
March 29th. As I mentioned before, I will be happy to go make the arrangements with the center, but if an actual
resident of the Town of Cary makes the reservation, it is less expensive. They require advanced notice so you will need
to discuss and let me know your thoughts as soon as possible. I will check John's calendar as well.
Thanks,
Cecilia Williford, CMCA
CAS, Inc.
----Original Message-----
From: Mike Jones [mailto:[e-mail]]
Sent: Monday, February 20, 2006 3:46 PM
To: Cecilia Williford
Subject: RE: Financials
We are ready to turn over the HOA. You can have the owners elect a board at the annual meeting that can take over as
soon as the numbers of ownership are met, which should be within the next two months.
Michael L. Jones, CCIM
Mercury Development
5660 Six Forks Road
Suite 202
Raleigh, NC 27609
[phone]
[phone] (fax)
[phone] (mobile)
°p
Next 3 Pictures as of Feb 28, 2007
3-26-06

..
;;,_;