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HomeMy WebLinkAbout20171576 Ver 2_More Info Received_20180618Goss, Stephanie From: Sent: To: Cc: Subject: Attachments: Good morning, Randy Herman <rherman@bankslawfirm.com> Monday, June 18, 2018 9:10 AM Smith, Danny Goss, Stephanie RE: [External] 104 Turquoise Creek Drive 104 Turquoise Creek Zone 1 Buffer Repair v2.pptx As per your request, see attached for revised plan showing replacement of trees in the location removed in Zone 1. Regarding the amount of impervious surface impact, there has not been any actual change in the amount. The version sent out last Wednesday merely contained a calculation error. This plan is substantively the same as what was previously reviewed except for the location of the trees being planted. Thanks, Randy H. Herman Attorney s s� Winchester Place, Suite 225 14309 Emperor Boulevard I Durham, North Carolina 27703 Mailing Address: P.O. Box 14350 1 Research Triangle Park, North Carolina 27709 919-474-9137 (P) 1919-474-9537 (F) 1 www.bankslawfirm.com NOTICE: This email and any attachments may contain legally privileged or confidential information intended only for the use of the person named above. If the reader of this e-mail is not the intended recipient, you are hereby notified that any dissemination, distribution or copy of this e-mail is strictly prohibited. If you have received this e-mail in error, please immediately notify the sender by return e-mail or by telephone at (919) 474-9137. Thank you. From: Randy Herman Sent: Thursday, June 14, 2018 4:14 PM To:'Smith, Danny' <danny.smith@ncdenr.gov> Cc: 'Goss, Stephanie' <stephanie.goss@ncdenr.gov> Subject: RE: [External] 104 Turquoise Creek Drive Can we set up a conference call tomorrow to discuss? I want to get you guys on the phone with the applicant and his architect. I am confident that we can show you a plan that will satisfy the regulations. What we don't want is to have to go back and start over with the major variance process at this point. Thanks, 1 Randy H. Herman Attorney s '! Winchester Place, Suite 225 i 4309 Emperor Boulevard Durham, North Carolina 27703 Mailing Address: P.O. Box 14350 Research Triangle Park, North Carolina 27709 919-474-9137 (P) 919-474-9537 (F) www.bankslawfirm.com NOTICE: This email and any attachments may contain legally privileged or confidential information intended only for the use of the person named above. If the reader of this e-mail is not the intended recipient, you are hereby notified that any dissemination, distribution or copy of this e-mail is strictly prohibited. If you have received this e-mail in error, please immediately notify the sender by return e-mail or by telephone at (919) 474-9137. Thank you. From: Randy Herman Sent: Wednesday, June 13, 2018 2:57 PM To: Mike Maple (mmaple) <mmaple@cisco.com>; Smith, Danny <danny.smith@ncdenr.gov> Cc: mmaplel7@gmail.com; Goss, Stephanie <stephanie.goss@ncdenr.gov> Subject: RE: [External] 104 Turquoise Creek Drive Good afternoon Danny, I just received your voicemail regarding the need for a repair plan for the zone 1 violation. I believe the attached, which was previously submitted May 3, should include the information you need, specifically location and species of replacement treet. Please let me know if you need additional information on this. Thanks, Randy H. Herman Attorney 51, 'I'll ), -BANKS Mi LAW FIRMa Winchester Place, Suite 225 i 4309 Emperor Boulevard Durham, North Carolina 27703 Mailing Address: P.O. Box 14350 Research Triangle Park, North Carolina 27709 919-474-9137 (P) ! 919-474-9537 (F) . www.bankslawfirm.com NOTICE: This email and any attachments may contain legally privileged or confidential information intended only for the use of the person named above. If the reader of this e-mail is not the intended recipient, you are hereby notified that any dissemination, distribution or copy of this e-mail is strictly prohibited. If you have received this e-mail in error, please immediately notify the sender by return e-mail or by telephone at (919) 474-9137. Thank you. From: Mike Maple (mmaple) <mmaple@cisco.com> Sent: Wednesday, June 13, 2018 12:49 PM To: Randy Herman <rherman@bankslawfirm.com>; Smith, Danny <danny.smith@ncdenr.gov> Cc: mmaplel7@gmail.com; Goss, Stephanie <stephanie.goss@ncdenr.gov> Subject: Re: [External] 104 Turquoise Creek Drive Danny and Stephanie, Based on my last update on the call between Danny and Randy, we had agreement pending Stephanie's return from vacation this past Monday. When can we expect the variance letter to be sent? Regards, Mike Mike Maple Director Strategic Engagement Team Global Enterprise Segment mmaple@cisco.com Tel: +1(919) 392-5688 Mobile: +1(919) 909-4452 Cisco Systems, Inc. 7200-10 Kit Creek Road PO Box 14987 Research Triangle Park North Carolina 27709-4987 United States ,A Think before you print. This email may contain confidential and privileged material for the sole use of the intended recipient. Any review, use, distribution or disclosure by others is strictly prohibited. If you are not the intended recipient (or authorized to receive for the recipient), please contact the sender by reply email and delete all copies of this message. Please click here for Company Registration Information. From: Randy Herman <rherman@bankslawfirm.com> Date: Tuesday, June 5, 2018 at 2:59 PM To: "Smith, Danny" <danny.smith@ncdenr.gov>, "Mike Maple (mmaple)' <mmaple@cisco.com> Cc: "mmaplel7@gmail.com" <mmaplel7@gmail.com>, "Goss, Stephanie" <stephanie.goss@ncdenr.gov>, "Williams, Kelly" <kelly.williams@ncdenr.gov> Subject: RE: [External] 104 Turquoise Creek Drive Good afternoon Danny, Regarding the rain garden, my client is not necessarily against the idea but it is not clear that his pool design will actually create any new stormwater that needs to be treated. Currently on the property, there are two drainage ditches, one on each side of the house. The west side will remain as is and is shared with the neighboring property. The east side is literally a ditch dug out into the lawn by original owner. That will be upgraded as shown on the plan previously submitted, which describe a new drainage box at the front of the current ditch (by the driveway). This drainage box will have a proper conduit installed and lead to the currently existing rip rap for entry into the rear storm drain; we will be adding more rip rap to ensure proper displacement of the rain water. On the house, there are existing drains attached to every gutter that have conduits leading to the creek or the drainage ditches, they will remain. For the pool itself, the pool company will install a well point which will be buried in the ground. A line from the pool pump will disperse any overflow water to the well, which will then dissipate over time underground. That will be located on the far side of the pool on the property line. Ironically, given the existing drainage facilities, if a rain garden were installed it might not get enough flow to sustain the kind of water -loving plants that you would expect to be planted. Thanks, Randy H. Herman Attorney Winchester Place, Suite 225 4309 Emperor Boulevard Durham, North Carolina 27703 Mailing Address: P.O. Box 14350 Research Triangle Park, North Carolina 27709 919-474-9137 (P) 919-474-9537 (F) www.bankslawfirm.com NOTICE: This email and any attachments may contain legally privileged or confidential information intended only for the use of the person named above. If the reader of this e-mail is not the intended recipient, you are hereby notified that any dissemination, distribution or copy of this e-mail is strictly prohibited. If you have received this e-mail in error, please immediately notify the sender by return e-mail or by telephone at (919) 474-9137. Thank you. From: Smith, Danny <danny.smith@ncdenr.gov> Sent: Monday, June 4, 2018 3:31 PM To: Randy Herman <rherman@bankslawfirm.com>; Mike Maple (mmaple) <mmaple@cisco.com> Cc: mmaplel7@gmail.com; Goss, Stephanie <stephanie.goss@ncdenr.gov>; Williams, Kelly <kelly.williams@ncdenr.gov> Subject: RE: [External] 104 Turquoise Creek Drive Information on rain garden from NCSU. -NCSU cooperative extension httfasI chatham.ces.ncsu.edu/wp-content uploads/201.7110jRGmanua12015.pdf?f+,aid=no Danny Smith, Supervisor Raleigh Regional Office Water Quality Regional Operations Division of Water Resources (919) 791-4252 From: Randy Herman [mailto:rherman@bankslawfirm.com] Sent: Monday, June 04, 2018 10:39 AM To: Mike Maple (mmaple) <mmaple@cisco.com>; Smith, Danny <danny.smith@ncdenr.gov> Cc: mmaplel7@gmail.com; Goss, Stephanie <stephanie.goss@ncdenr.gov>; Williams, Kelly <kelly.williams@ncdenr.gov> Subject: RE: [External] 104 Turquoise Creek Drive Mike, I had a conversation with Danny this morning. I am waiting for him to send over some additional information this afternoon and then I will coordinate with you to decide how to go forward. Thanks, Randy H. Herman Attorney IWANOVINk Winchester Place, Suite 225 14309 Emperor Boulevard 1 Durham, North Carolina 27703 Mailing Address: P.O. Box 14350 1 Research Triangle Park, North Carolina 27709 919-474-9137 (P) 1919-474-9537 (F) '., www.bankslawfirm.com NOTICE: This email and any attachments may contain legally privileged or confidential information intended only for the use of the person named above. If the reader of this e-mail is not the intended recipient, you are hereby notified that any dissemination, distribution or copy of this e-mail is strictly prohibited. If you have received this e-mail in error, please immediately notify the sender by return e-mail or by telephone at (919) 474-9137. Thank you. From: Mike Maple (mmaple) <mmaple@cisco.com> Sent: Monday, June 4, 2018 10:36 AM To: danny.smith@ncdenr.gov Cc: Randy Herman <rherman@bankslawfirm.com>; mmaplel7@gmail.com; Goss, Stephanie <stephanie.aoss@ncdenr.gov>; kelly.williams@ncdenr.aov Subject: Re: [External] 104 Turquoise Creek Drive Danny, Seems Stephanie is out of the office this week. Can you share current status and next steps? We have not heard back since the letter sent on May 17 which was acknowledge as received by Stephanie on May 18 with instructions that your organization would be in touch with us last week. Regards, Mike Mike Maple Director Strategic Engagement Team Global Enterprise Segment mmaple@cisco.com Cisco Systems, Inc. 7200-10 Kit Creek Road PO Box 14987 Research Triangle Park North Carolina Tel: +1 (919) 392-5688 27709-4987 Mobile: +1 (919) 909-4452 United States SA Think before you print. This email may contain confidential and privileged material for the sole use of the intended recipient. Any review, use, distribution or disclosure by others is strictly prohibited. If you are not the intended recipient (or authorized to receive for the recipient), please contact the sender by reply email and delete all copies of this message. Please click here for Company Registration Information. From: "Mike Maple (mmaple)" <rnaple@cisco.com> Date: Monday, June 4, 2018 at 10:32 AM To: "Goss, Stephanie" <stephanle. oss@ncdenr.Rov>, "kelly.williams(Lncdenr.gov" <Kelly.williamsff Cc: Randy Herman <rherman2bankslawfirm.com>, "rnmap1e17@gmail.com" <rnmaple17@g_mail.com>, "danny.smith @ncdenr.gov" <dann .smith ncdenr. ov> Subject: Re: [External] 104 Turquoise Creek Drive Stephanie, Based on your email on May 18`h, we were expecting a response back last week. Can you provide an update please? Kelly, We provided you with the Buffer SOA last week, what is the next step for us? Regards, Mike From: Randy Herman <rlierman _ bankslav�Lfirm.cam> Date: Tuesday, May 29, 2018 at 3:04 PM To: "Goss, Stephanie" <stephanie.goss @ncdenr.Rov> Cc: "Mike Maple (mmaple)" <mmaple @cisco.com> Subject: RE: [External] 104 Turquoise Creek Drive Good afternoon, Following up on this, my letter indicates that the property owners intend to purchase mitigation credits to offset the expected disturbance. We have secured availability of the necessary credits from RES. Attached for your records please find the statement of availability. Thanks, Randy H. Herman Attorney 0 DIET..BANKS LAW FIRM,.. Winchester Place, Suite 225 14309 Emperor Boulevard I Durham, North Carolina 27703 Mailing Address: P.O. Box 14350 1 Research Triangle Park, North Carolina 27709 919-474-9137 (P) 1919-474-9537 (F) ; www.bankslawfirm.com NOTICE: This email and any attachments may contain legally privileged or confidential information intended only for the use of the person named above. If the reader of this e-mail is not the intended recipient, you are hereby notified that any dissemination, distribution or copy of this e-mail is strictly prohibited. If you have received this e-mail in error, please immediately notify the sender by return e-mail or by telephone at (919) 474-9137. Thank you. From: Goss, Stephanie <stephanie.Ross@ncdenr.Rov> Sent: Friday, May 18, 2018 12:52 PM To: Randy Herman <rherman@bankslawfirm.com> Cc: Mike Maple (mmaple) <mmaple@cisco.com> Subject: RE: [External] 104 Turquoise Creek Drive Mr. Herman, We received the response letter dated May 17, 2018. We are currently reviewing the letter and will be in contact with you next week. Stephanie Z. Goss Environmental Senior Specialist Division of Water Resources Raleigh Regional Office 3800 Barrett Drive Raleigh, NC 27609 919-791-4256 E-mail correspondence to and from this address may be subject to the North Carolina Public Records law and may be disclosed to third parties From: Randy Herman [mailto:rherman@bankslawfirm.com] Sent: Thursday, May 17, 2018 11:11 AM To: Smith, Danny <dannv.smith@ncdenr.gov> Cc: Mike Maple (mmaple) <mmaple@cisco.com>; Goss, Stephanie <stephanie.Ross@ncdenr.gov> Subject: [External] 104 Turquoise Creek Drive Good morning, I have been retained to represent Michael and Pamela in Maple in connection with their minor variance application for property at 104 Turquoise Creek Drive. Attached please find my responses to your most recent letter dated May 11. This is also being sent by USPS. It is my understanding that Stephanie Goss is working on setting up a meeting to discuss this matter. I wanted to be sure this response letter was in the record so that you have time to review and consider it before the meeting. Thanks, Randy H. Herman Attorney Winchester Place, Suite 225 14309 Emperor Boulevard Durham, North Carolina 27703 Mailing Address: P.O. Box 14350 Research Triangle Park, North Carolina 27709 919-474-9137 (P) 11 919-474-9537 (F) www.bankslawfirm.com NOTICE: This email and any attachments may contain legally privileged or confidential information intended only for the use of the person named above. If the reader of this e-mail is not the intended recipient, you are hereby notified that any dissemination, distribution or copy of this e-mail is strictly prohibited. If you have received this e-mail in error, please immediately notify the sender by return e-mail or by telephone at (919) 474-9137. Thank you. Buffer Restoration - 104 Turquoise Creek Drive 1. Riparian Buffer Restoration Plan Adding 2 trees in Zone 1 to provide buffer restoration in the exact location where the trees were removed, see yellow box with blue arrows pointing to the exact locations. 2. Erosion Control • Erosion impact will be eliminated by the use of no tractors, hole diggers or the like. All tree planting will be perform to the attached specification by shovels to ensure no excess weight or disturbance to the buffer. The area will be maintained and after plantings to ensure stabilization in the area and support the growth of the new trees. • A temporary barrier (orange snow fence) will be deployed to mark Zone 1 border and prevent undesired changes. 3. Plan and Schedule • The schedule will be based on the permitting, resource availability to begin the project, expect to start in August and complete in October of 2018. • The restoration of the area will include clearing of the weeds and overgrown grasses to prepare for planting. • Planting of the trees will follow the tree planting details on the drawing to the left. The enclosed map includes Zone 1 buffer line as indicated in red and clearly marks the species and the planting location as per the request. • the area will be maintained and monitored to ensure the trees thrive in the new environment and are free of disease. 7OE9'. A�4mM .,, A—, B,, a.... Betula nigra �o r - 195 Sq. Ft of Proposed Impervious Surface Inside Zone 2 -300 Sq. Ft. of Existing Deck Removed in Zone 2 Designer 6113/18 Jaison DATE VanHorn 118'.1 SCALE