20051015 Ver 1_COMPLETE FILE_20050608

)jects
Subject: projects
From: Joanne Steenhuis <[e-mail]>
Date: Tue, 24 Jan 2006 17:18:02 -0500
To: Doug Huggett <[e-mail]>, Ian McMillan <[e-mail]>, Jason
Dail <[e-mail]>, Gale Stenberg <[e-mail]>, Henry Wicker
<[e-mail]>, ed Brooks <[e-mail]>, "cyndi.karoly"
<[e-mail]>
The following projects do not require a 401:
1. DWQ #20051014 mod for B & C Enterprises/Yaupon Dunes Brunswick County -CAMA
Express
2. DWQ # 20060053 for Cape Fear Landing Lots 33-36 in South Harbor Village - CAMA
f 1 1/25/2006 8:15 AM
EXPRESS PERMITTING
The attached application is being processed through the DENR Express
Permitting Program. As such, failure to respond to the Wilmington Regional
Office by the listed due-date will be construed as a no comment. The Express
Permitting Program does not all for extensions during the comment period.
anagemen
Michael F. Easley, Governor Charles S. Jones, Director William G. Ross Jr., Secretary
January 3, 2006 p .. 1 r
MEMORANDUM:
TO: Cyndi Karoly, Supervisor
401 Oversight and Express Permits Unit p (?? D
Division of Water Quality-Surface Water > I'?
JAN 6 -.2006
FROM: Jason Dail
Express Permits Coordinator DENR • WATER QUAL17Y
WETLMN AND STO WATER IWO
SUBJECT: CAMA Permit Application Review
Applicant: B & C Enterprises C/o Chad Morris for Yaupon Dunes Condomiuim Complex
Project Location: 700 Ocean Drive, in Oak Island, Brunswick County
Proposed Project: The Applicant proposes to construct seven (7) condominium buildings and
rearrange the parking areas and driveways.
Please indicate below your agency's position or viewpoint on the proposed project and return this form
by January 26, 2006. If you have any questions regarding the proposed project, please contact Jason
Dail at [phone], when appropriate, in-depth comments with supporting data is requested.
REPLY:
This agency has no objection to the project as proposed.
This agency has no comment on the proposed project.
This agency approves of the project only if the recommended changes are
incorporated. See attached.
This agency objects to the project for reasons described in the attached comments.
SIGNED
DATE
127 Cardinal Drive Ext., Wilmington, North Carolina 28405-3845
Phone: [phone] FAX: [phone] Internet: www.nccoastalmanagement.net
An Equal Opportunity \ Affirmative Action Employer -50% Recycled 110% Post Consumer Paper

1.
DIVISION OF COASTAL MANAGEMENT
FIELD INVESTIGATION REPORT
APPLICANT'S NAME: B & C Enterprises C/o Chad Morris for Yaupon Dunes Condominium Complex
2. LOCATION OF PROJECT SITE: Project site is located at 700 Ocean Drive, in Oak Island, Brunswick County.
Photo Index - 1998: 5-95 P, Q 2-3 1995: 8-69 J, K, L 21-22 1989: 4 186 1 M, N 15
State Plane Coordinates - X: 2278888 Y: 57411 Rover File: Q-052615A
3. INVESTIGATION TYPE: CAMA
4. INVESTIGATIVE PROCEDURE: Dates of Site Visit- 03/30/05,05/26/05
Was Applicant Present - No
5. PROCESSING PROCEDURE: Application Received -Completed 12/27/2005
Office - Wilmington
6. SITE DESCRIPTION:
(A) Local Land Use Plan - Yaupon Beach (Town of Oak Island)
Land Classification From LUP - Developed
(B) AEC(s) Involved: OH
(C) Water Dependent: No
(D) Intended Use: Residential Condominiums
(E) Wastewater Treatment: Existing - Municipal sewer
Planned - Municipal sewer
(F) Type of Structures: Existing - The Southwinds Motel and the Driftwood Motel
Planned - Seven (7) condo buildings providing 36 residential units, parking areas
and driveways
(G) Estimated Rate of Erosion: 5 ft./yr.
Source - LTAASCR 1998 Update
7. HABITAT DESCRIPTION:
[AREA]
II (A) Vegetated Wetlands
I I II
Coastal
(B) Non-Vegetated Wetlands
(C) Other - High ground
Disturbed 1.69 acres
(73,616 sq. ft.)
'(D) Total Area Disturbed: 73,616 sq. ft. (1.69 acres)
(E) Primary Nursery Area: No
(F) Water Classification: SB Open: No
8. PROJECT SUMMARY: The applicant proposes to construct seven (7) condominium buildings and rearrange the
parking areas and driveways.
B & C Enterprises C/o Chad Morris
Page Two
9. PROJECT DESCRIPTION
Please refer to the Field Investigation Report (FIR) for B&C Enterprises (Yaupon Dunes Condominiums), prepared by Jason
Dail and circulated on 6/7/2005.
CAMA Major permit # 101-05 was issued to B&C Enterprises for development of the Yaupon Dunes Condominiums, in Oak
Island, Brunswick County. The permit authorized the development of a condominium complex including: lot
grading/preparation, utilities installation, parking areas, driveways, pedestrian walkway, gazebo, dune crossover and
condominiums. The permittee has requested that the permit be modified to incorporate the addition/reconfiguration of several
condominium units.
The waters of the Atlantic Ocean, adjacent to the project site, are classified as SB by the North Carolina Division of Water
Quality. The area is not designated as a Primary Nursery Area (PNA) by the N.C. Division of Marine Fisheries. The subject
property is located within the Ocean Hazard and High Hazard Flood Area of Environmental Concern (AEC), as indicated by
Zone VE (elevation 17) on the Flood Insurance Rate Map. The High Hazard Flood Area (VE Zone) associated with the subject
property is contiguous to the Atlantic Ocean.
PROPOSED PROJECT:
The permittee is proposing to construct seven (7) structurally independent condominium buildings on the property, which would
provide 36 residential units. In addition, the permittee is proposing to install two parking areas and entrance drives in the
southern portion of the property. Beginning in the southeast corner (intersection of Ocean Drive and Keziah St.) and working
northwest, the permittee proposes to install a nine lot parking area and access drive for Buildings "4" and "5". Building "3"
would be constructed adjacent to, and perpendicular to Buildings "4" and "5". Buildings "1" and "2" would also be constructed
adjacent to Building "3", in the southwestern portion of the property. A three lot parking area and entrance drive would also be
constructed in the southwest corner of the-property. Two separate buildings would span in a northerly direction adjacent to
Buildings "I" and "5".
Buildings "I "2", "399, "4" and "5", and the two southern most parking lots/access drives (each less than 5,000 sq. ft.) are
located waterward of the 255 feet large structure setback but landward ofthe 150 feet small structure setback. Because no multi-
family structures larger than 5,000 sq. ft. are permittable ocean ward of the large structure setback, the permittee designed the
proposed development so that each building would be constructed structurally independent from one another. The proposed
buildings would only be attached cosmetically (by vinyl siding and tin roofing). As proposed, the structures would have their
own independent piling, framing and roofing systems. The applicant has indicated that a 2-inch gap would be left between the
outer walls/firewall of each adjoining building. The roof design indicates that each building would have it's own framing and
sheathing, but would be connected by the metal flashing that would span the across every building. Parking beneath the
buildings would consist of gravel drives.
According to the Division of Water Quality, the applicant has not yet received a Stormwater modification for the proposed
development. Additionally, the applicant has not received an approved Sedimentation and Erosion Control Plan from the
Division of Land Resources.
10. ANTICIPATED IMPACTS:
The initial grading of the property would result in the disturbance of approximately 1.69 acres of high ground. The proposed
development would be located within the Ocean Erodible Area as well as the High hazard Flood Areas of Environmental
Concern. The applicant would need to obtain a Stormwater Permit and an approved Sedimentation and Erosion Control Plan
prior to construction.
Submitted by: Jason Dail Date: December 27, 2005 Office: Wilmington

Form DCM-MP 1
APPLICATION'
(To be completed by all applicants)
1. APPLICANT
a. Landowner:
Name
Address 31
?
City ? -z-,,,,% State Mc
Zip 2731 Day Phone `t ) 0- 57Z.-lZZS
Fax
b. Authorized Agent:
Name Cey,:5L, 71
Address 733Z-
City W ?JZ) H d?
tO' S.M i U C,' 0/3 State 4,% C-
b. City, town, community landmark
©R IS LSoor - NC,
c. Street address or secondary road number
_. r7c? Oce ?? O? 1 ? R
d. h proposed work within city limits or planning
jurisdiction? ? Yes No
e. Name of body of water nearest project (e.g. river,
creek, sound, bay) -4:JLh-rJ 1c
3. DESCRIPTION AND PLANNED USE
OF PROPOSED PROJECT
a. List all development activities you propose (e.g.
building a home, motel, marina, bulkhead, pier, and
excavation and/or filling activities.
SO?Ce-
l
Zip 2 O.5 Day Phone q 10 61 `f ^ y ?`l o
Fax -'1-n-1
c. Project name (if any) iAoac'? ?0,0C`., 60 '
AVM Perxw will be imwd in nmwe ofla doweerfs), and/or
pr*cd nano.
2. LOCATION OF PROPOSED
PROJECT
a. County ?- N Z[ & ,
A DEC 1 4 2005
R"ised 0M COASTAL'F
MANAGEMENT
b. Is the proposed activity maintenance of an existing
project, new work, or both? Nc w Wy6'? i ,
c. Will the project be for public, private or commercial
use? Z .J_?? c
d. Give a brief description of purpose, use, methods of
construction and daily operations of proposed
project.- If more space is needed, please attach
additional pages.
YAUPON DUNES CONDOS
Oak Island, NC
Brunswick County
August 26, 2005
REVISED DESIGN NARRATIVE
Proposed Revisions
B&C Enterprises is
proposing modifications
to the existing CAMA
permit #101-05 issued
July 29, 2005. This
permit is for the
proposed redevelopment
of a 1.76 acre tract of
land, on Oak Island in
I
_ - - -- - -- ? i • -- r _-??_; -? • fi- ?-a?,sf?r?+=.,vim/v:
.?• I.O.Y4 BEACH ZNtP
,J{I J- 'vA4-L \Yl I!-??_ 1 ,?- + - - C'am'
46
• ?i ?: t, ? it ? `j •. I -r .., ' ? J; t i :??? .3 ? r 1' [
Brunswick County, m .:' n r • : , _. _ `°°
located on the block of ' t
EACH '` ?:it:i, :• ??.1 ! .Q. .,,?
Ocean Drive, Womble '- G°" C.°.°` -
Street and Keziah Street.
The proposed permitted; y
development will consist ` n
of condominium units, I I (Project Site
paved access drives and
parking and a stormwater management system.
Specific work on this project will include the demolition of existing paving and the construction
of five separate condominium units and associated parking. Each of the condomium units will
be less than 5,000 sq ft and the proposed parking area will be limited to a less than 5,000 sq ft
footprint within the AEC Line (255' behind the first line of vegetation).
U ECEIVT
DEC 1 2005
COASTAL DIVISION OF
MANAGEMENT
Form DCM-MP-3
UPLAND
DEVELOPMENT
(Construction and/or land disturbing activities)
Attach this form to Joint Application for CAMA Major h.
Permit, Form DCM-MP-1. Be sure to complete all
other sections of the Joint Application that relate to this
proposed project.
a. Type and number of buildings, facilities, units or
structures proposed I (o ca-?o VAji-TS CDN17?N c a
b. Number of lots or parcels '31 1?lz cf-'
ZSoF< 00 .zero rc0,7? z?'a ?Gm<q
c. Density (give the number of residential units and the
units per acre) ?Q. _5 v.+ i-N5 It A <-1 _ Z-
Projects that require a CAMA Major Development
Permit may also require a Stormwater Certification.
Has a site development plan been submitted to the
Divisign of Environmental Management for review?
Yes N?wg Qy?o63Z
If yes, date submitted
D ibe proposed method of sewage disposal.
7 DES 13? rte iow,i
Have the facilities described in It m i. above5r/c
received state or local approval? j»';
(Anach appropriate documentation) ic'?+?? U >) 5-t k. Describe location and type of proposed discharges to
d. Size of area to be graded, filled or disturbed waters of the state (for example, surface runoff,
including roads, ditches, etc. to Pt ca e5 sanitary wastewater, industrial/commercial effluent,
"wash down` and residential
wRic-R discharges).
?c_
-Z L<5-z.1 L_
e. If the proposed project will disturb more than one AA3 ' Qo .
acre of land, the Division of Land Resources must C5" t e-Nz_' NTZ4c c?+1 5 i?
receive an erosion and sedimentation control plan at
least 30 days before land disturbing activity begins. " 1. Describe proposed drinking water supply source
if applicable, has a sedimentation and erosion (?• well, communi , public system, etc.
control plan been submitted to the Division of Land 10o., 0) °r coy. I? ?? i. At Ali? Scu,t?
Resources? -Y No
If yes, date submitted Y)l V 13:5 - zoo - 376 m. Will water be impounded? Yes X_ No
If yes, how many acres?
f. List the materials (such as marl, paver stone,
asphalt, or concrete) to be used for paved surfaces.
Ar7?I,A,:i-. s? dam;, ACpac?ct?-
g. Give the percentage of the tract within 75 feet of
MHW or NWL, or within 575 feet in the case of an
Outstanding Resource Water, to be covered by
impervious and/or built-upon surfaces such
pavement, buildings, rooft r Ce vehicular driveways or par
Revised 03/95 D E-C 1 '11INS
n.
If the project is a oceanfront development, when
was the lot(s) platted and recorded? °_?A -*41` 3 L'?r'ta
PZIL%%- R, h5s 1,?-:-198I) 'W, ZVO4
DIVISION OF
COASTAL MANAGEMENT
J09/2005 18:07 19105723280
FEB-ES-2M -15:54 From,
f
SHILOH STAKES TACK PAGE 05
To-910 343 8351 Mel
AEG HAZARD NOTICE
Project Is in An• r Ooaan E? dlble AM ---1419h KWiNd Floor! Alas IRlsl Hatd1rd Area
Date Lot Was Piattad: ?Pr' 1 k 0 1,0 55' IL
This notice is Wmxled to make the appllcant, Aware
ssocisted with
ns s
of the special risks and con rit,
development in this area, wh-is subject to t+atural
tx rds such as staemw emsimt and cu::rmtst. Tl* rules of
the Coastal Resow'Cas Cohn ? require that you
receive an AEC Hamrd Notice aitd acknowledge that
notice in writing before a permit kit development cm be
issued.
TheCmvnis7iont#rultoonbuddinismodalds,ottlu*olnt
sttbxksanddunealmmtionaredert cdtombdraimbut
not eliminate, tYY lass from' shards. By granting
Reswutes ors not
permits, the
L-uaranta the safety of the d t and MUM," no
liability for future damage to, the t.
The best available information, as accepted by the Coastal
Resources Commission, Indicates ghat the Mmvtcd n
n rate for the awi where yow property lnca
feet per year.
i
The rate was rstgbnahcd by cat?ful analysis of acrsal
photographs of the coastline takeniover thdpast 50 yeam
Studies also hu mte that the sf t relim couid move as
much as 100 feet landward in a r4wjar storm.
Z heflood watesfinamalmstorrtt afepredtctsd tobeabout
_(0 feet deep in this area. i
p mimed oce mfront protections measures are beach
nourishment and relocation of threatened snuck t*s.
F,ard erosion control structurei such as bulkheads,
seawaft, rev mumts. groin, jettiis and breakwaters are
=hIbited. Temporary devices. itutluding Band hags, may
be allowed under certain Bondi darjs.
This structure "Ube rdoeati:d orolsmantI&I within two
years of becomingimminentiy threatened.
The appti mr must acknowledge` t3tls lawmAtion and
nequirem signing this noil?ce In the below space.
Without a nature, thePpplicatiun will not be
Comps
I?
i
? sranatura _ j
0-3 l aS '
TTI! .R1-?-7 Y .O .?I r 1 7 !
Date '
ne _ vteR'deA ?fty 3°i Zc?y
1
1
s
i
i
SPEML NOTE: This hazard codes Is requbmd fos
deveaopinGat to WETS subject to rmaden and massive
stotwtoartderoafoa.prrnutst &md lord"dimMtinthiS
area QpkeeoDecember3l of the third yeatfollowia+g the
aar in which the Permit was im ui d. Shortly before work
m on the p efoiwn site.
ai 9* LO M1 P=it Offi=
line and t etback & MOD your
W
dgigmuo the MIf&eprorupve?ty hasseatli ftYmOiOW
te.lEthep ?
devdopmenk can still meet the se tbs& requirement, the
LPCI"lincormyou ttiatroumoyy beginwork.ttisimpor-
taatthatyoucheckwlth LPOb e Ica
for officiA approval to continue If e wwk aftcr the permit
has Cenerally, if founds rhos piEpp have been
plat and substantial progress is catttittu nfy, Permit
renewal may not be necessary. D t ubSfttid WOO= bas
not been made, the pen it must se rerawaaand a new
sstbad. llne establlsFied. it i uttli.wful to continue work
after permit expiration without th is approval.
pot more iatormatioa contact:

Local Pm* Clfftr
Q k Is l?... rb.-.
Address
01 :.stItA NC
LOCgt?
2-7 8 -SD2?-f
Prom
ECKVE
MAY 2.5 20M
DIVISION OF
COASTAL MANAGEMENT
y'4
D
,DEC , ?
DIVIS10 GEMENT
R&WAW 11193
07/31/2006 15:32 919-662-5135
CI IPVF TART F
TOWN OF GARNER
CURVE RADIUS LENGTH CHORD RING
W
C1 50.00 52.24' 49.90 55'4 3"E
S66
centerline
of ditch
O
VICINITY MAP
W 1 4 -0
2
GRAPHIC SCALE
30 o is sa
?s gip, ? ri
.,7 IN F
?4 f1.
1, Inch
28
CP
J °t
cia 15.643 SQ. FT. \ `dr 'tS J
4/ ?Q
60
Op. 7
41
50.00
17
5t]' NeU3e River,
buffer arc of \ centerline
end of pipe of ditch
CJ C70 76 41.69' 50.00,'
C11 Q7 ?a 50' Neuse RrvBr
tJ? ry °900 buffer arc at
11.0' ' ho48ecd.. end of pipe
C)
38.0' U
' ?(0
26 ?
i
ton Court % A
1
PAft-
RENCE: B.O.M. 1978 Pg. 461
REFERENCE: Eot 28, 104 Easton Court r
??+.?, l?, $ •• 'Prellmir+ary Plat-Not for recordo'nf , ++'sYon°°?+ °r ea'
?lrNlrlt111N1
I certify that this plat was drawn per record ptatPler!
description and shows the relation of the proposed Lot 28 Tiffany Woods $ubdiVisiOn, section 4
building to the propcfty line as indicated. ThIt plot vur
to not for recordotion. This plat Is not according to Nortbsw Homes `
to G.S. 47-30. 1? IJ,Zr?
Satterwhite txViii 4' .A. 104 Easton Court 15GA o,
PAX Ilan 211" DAM
Garm.PrC,7ma St. Marys Township, Wake Ca. N.C. 9_4-01
i l I
t 77J t866
i
i
JUL-31-2006 MON 15:12 TEL:[phone]
NAME:DWO-WETLANDS
PAGE 02/0.
I
P. 2
0713112006 15:32 919-662-5135 TOWN OF GARNER PAGE 011
Town of Garner Inspections Department
PO Box 446
900 71h Avenue
Gamer, NC 27529
Phone: [phone]
Fax: [phone]
Pages to follow: 1
i
To: M
t RA
From: ;)&'-VY -rz a"
Date: Time: 4:1o
Any questions, please call Colleen or Kim.
JUL-31-2006 MON 15:12 TEL:[phone] NAME:DWO-WETLANDS P. 1
Comments:
14 j,S t S A ?a;t 0 F N?A,o `rg Al
1A! A S S,lv r-? . fL 104 15AS01-4 G4,SrtT
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W?C5? >< wAT?9 Michael F. Easley, Governor
? William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
J ?
O Alan W. Klimek, P.E. Director
Division of Water Quality
June 15, 2005
DWQ Project # 05-1015
Wake County
Page 1 of 2
Mr. B. Keith Garwood
501 Tiffany Court
Garner, NC 27529
Subject Property: 501 Tiffany Court
Garner, NC
On-Site Determination for Applicability to the Neuse River Riparian Area Protection Rules
(15A NCAC 2B.0233)
Dear Mr. Garwood:
On June 10, 2005, at your request I conducted an on-site determination to review the channel
located on the subject property for applicability to the Neuse Buffer Rules (15A NCAC 2B
.0233). The channel is labeled as "A" on the attached map'initialed by me on June 15, 2005.
Division of Water Quality (DWQ) Staff from the Raleigh Regional Office (Steve Mitchell) had
previously conducted an on-site determination of the stream. In your letter to the Director dated
June 6, 2005, you requested an appeal of their determination as provided within 15A NCAC 02B
.0233(3)(a). Accompanying me on the site visit were Mr. Eric Kulz of our Raleigh Regional
Office and Mr. Ian McMillan of DWQ's Central Office.
At your request, I conducted an appeal of their determination as stated above. During my review
I evaluated the stream reach both above and below your property. The DWQ has determined
that the stream labeled as "A" on the attached map is at least "intermittent" from the
location just above the culvert under the road and is subject to the Neuse Buffer Rule.
.0233. The channel above this location is ephemeral and therefore not subject to these rules.
This determination shall replace the determination originally performed by the Regional Office.
This stream and it's associated buffers should be identified on any future plans for this property.
The owner (or future owners) should notify the DWQ (and other relevant agencies) of this
decision in any future correspondences concerning this property.
We also discussed"the permitting that will be needed to allow retention of the gravel-based patio
which has been constructed in Zone 1 and Zone 2 of the buffer as well as the retaining wall near
the culvert. As we discussed, the retaining wall can be permitted as an "Allowable Use" as
streambank stabilization. The walkway from the side of the house (garage) to the rear can be
permitted as a greenway/hiking trail. The remainder of the patio in Zone 1 will have to either be
removed or converted to pervious surfaces. The patio in Zone 2 can be approved as a Minor
Variance from the Neuse Buffer rules with the provision of compensatory mitigation at a ratio of
401 Wetlands Certification Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] / FAX [phone] / Internet: http://h2o.enr.state.ne.us/ncvvetlands
Nom` Carolina
)Vatura!!y
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper
B. Keith Garwood
Page 2 of 2
June 15, 2005:
1.5:1. As we discussed, you will investigate the various possibilities and then get back to Eric
Kulz with a plan to get this property into compliance with the Neuse Buffer rules. The Division
is twilling to work with you in this matter in order to get it resolved in a timely manner.
Therefore. please provide DWO a written application for the buffer approval or Minor Variance
bvAuaust 15. 2005.
This letter only addresses the applicability to the buffer rules and does not approve any activity
within the buffers. Nor does this letter approve any activity within Waters of the United States
or Waters of the State. If you have any additional questions or require additional information
please call me at [phone]. -This determination is subject to review as provided in Articles
3 & 4 of G.S. 150B.
AWK/jrd
Enclosures: map
cc: Eric Kulz, DWQ Raleigh Regional Office
File Copy
Central Files
Ian Mc\ iillan
for Alan W. Klimek, P.E.
Development Unit
Filename: 051015Garwood(Wake)Streamappeal
Sincerely,
SENDING CONFIRMATION
DATE APR-26-2006 WED 07:06
NAME DWQ-WETLANDS
TEL [phone]
PHONE
PAGES
START TIME
ELAPSED TIME
MODE
RESULTS
: 92930043
: 2/2
: APR-26 07:04
: 01'35"
: ECM
OK
FIRST PAGE OF RECENT DOCUMENT TRANSMITTED...
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Division of Water Quality
Department of Environmental and Natural Resources
401 Oversight/Express Review, Program Development and
Transportation Permitting Units
Street Address: 2321 Crabtree 13aulevard, Suite 250
Raleigh, NC 27604-2260
Mailing Addrets: 1650 Mail Service Center
RaleiA NC 27699-1650
Contact Information: Phone #: [phone]
Fax #: [phone]
To: Qm'-? Fax #• ??? 5-' r13
Company: Date:
'Flom: M ?t^?fl
Number of pages including cover sheet:
Notes or special instructions:
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[Fwd: Re:501 1 Tiffany Circle)
Subject: [Fwd: Re: 501 Tiffany Circle]
From: Eric Kulz <[e-mail]>
Date: Wed, 08 Jun 2005 08:14:10 -0400
To: John Dorney <[e-mail]> .
John:
FYI here is the correspondence I have had to date with the homeowner in Garner that
we are going to visit Friday morning. This should be interesting.
I will pick you up by 8:00 on Friday; I can't imagine being there more than an hour.
Eric
Subject: Re: 501 Tiffany Circle
From: "Keith Garwood" <[e-mail]>
Date: Tue, 7 Jun 2005 08:38:08 -0400
To: "Eric Kulz" <[e-mail]>
I must say, that I appreciate your approach to this. I will wait till your visit on Friday to see how
things go.
Thanks for your responses and communication.
B. Keith Garwood
Formula One of Raleigh and Apex
All-PRO Window Films
Authorized dealer for FormulaOne, Vista and LLumar window films.
[phone]
--- Original Message -----
From: Eric Kulz
To: Keith Garwood
'Sent: Tuesday, June 07, 2005 8:03 AM
Subject: Re: 501 Tiffany Circle
Mr. Garwood:
I know Steve Mitchell, and he was with the DWQ here at the Raleigh
Regional Office for.over 10 years, and was involved with the development
of the-riparian buffer rules. I can assure you that he was not
"convinced" to write a letter to anybody. Mr. Mitchell made a
regulatory determination based on his experience and training. We here
at DWQ don't intend to work "with or against" anyone. We will be out
there on Friday morning to determine a course of action based on our
determination of conditions.
Eric Kulz
Keith Garwood wrote:
> Just FYI. Are you aware of the full story concerning 104 Easton Ct?
> If not let me give you a brief rundown. The town of Garner issued a
> building permit to allow a modular home to be moved onto that
1 of 7 6/8/2005 8:40
Re: 501 Tiffany Circle]
> property. Mr. Rollins who lives directly across the street and was
> the prominent opponent and the individual that would have been most
> directly impacted, along with several other neighbors not including
> myself fought the town to have that permit withdrawn. They could not
> find a way around it, until the group of homeowners convinced someone
> at DWQ to write that letter concerning the ditch. Yes that letter
> proved to be the winning knock out punch in favor for the
> neighborhood. Now that ruling is coming back to haunt me and the
> ability for me and my family to use "my" Property in the manner in
> which it is intended to be used.
> Because of that letter, I basically can't do anything to my back
> hard. That ditch not only runs on my property, it runs through my
> property. Now who has the most to loose because of that letter? Any
> guesses? Me. So I am setting out to prove, what ever it takes, no
> dollar amount is too big, that the letter and ruling are incorrect. I
> look at that ditch from my deck every morning. Not Mr. Rollins and
> not anyone else. The ditch has no Hydrological or biological life and
> has not one drop of standing water. It is without a doubt an
> "Ephemeral" ditch. And according to the regulations is "not" subject
> to the Neuse River Riparian Regulations" Your on site visit will
> confirm this. Now we can do one of two things, You can work with me
> or work against me. Either way I will not go away until someone at
> your office or DWQ can prove otherwise, and based on the lack of water
> and life in that ditch you cannot prove it.
> B. Keith Garwood
> Formula One of Raleigh and Apex
> All-PRO Window Films
> Authorized dealer for FormulaOne, Vista and LLumar window films.
> [phone]
> ----- Original Message -----
> *From:* Eric Kulz <mailto:[e-mail]>
> *To:* Keith Garwood <mailto:tint4munv msn.com>
> *Sent:* Tuesday, June 07, 2005 7:16 AM
> *Subject:* Re: 501 Tiffany Circle
> Mr. Garwood:
> Technically, the determination of the stream was already completed in
> 2001 by Steve Mitchell of DWQ. This determination was done
> relative to
> 104 Easton Court, and is the same stream that is located behind your
> property. Appeals to stream calls can be made within 60 days of the
> date of the on-site determination.
> I will be coming out there with Mr. John Dorney, who is with the
> Policy
> Development Group within DWQ, and we will evaluate the situation.
> Eric Kulz
> Keith Garwood wrote:

> > According to the regulations I can make an official dispute as
> to the
of 7 6/8/2005 8:40
[Fwd: Re: 501 Tiffany Circle]
> > presence of surface waters. What exactly do I need to do to
> make this
> > happen? Can you do that when you come out on Friday? Do I need to
> > file a specific request prior to you coming out?
> > B. Keith Garwood
> > Formula One of Raleigh and Apex
> > All-PRO Window Films
> > Authorized dealer for FormulaOne, Vista and LLumar window films.
> > [phone]
> > ----- Original Message -----
> > *From:* Eric Kulz <mailto:[e-mail]>
> > *To:* Keith Garwood <mailto:[e-mail]>
> > *Sent:* Monday, June 06, 2005 11:09 AM
> > *Subject:* Re: 501 Tiffany Circle
> > Mr. Garwood:
> > Municipalities have developed varying states of awareness
> > regarding the
> > buffer rules, and many were not up to speed in 1998.
> Technically,
> > your
> > house should not have been allowed to be built without a Major
> > Variance. Obviously, we are not pursuing such issues as
> houses that
> > have been built in past that were not in accordance with the
> rules.
> > However, the rules have been in effect since July of 1997, and
> > based on
> > the presence of the stream on the soil survey map and the
> on-site
> > determination completed by DWQ in 2001, your
> recently-constructed
> > patio
> > is not an allowable usage under the rules.
> > The Neuse River Riparian Buffer Rules can be reviewed at the
> > following link:
> > http://h2o.enr.state.nc.us/admin/rules/documents/rb080104.pdf
> > The buffer rules are on page 51.
> > You can probably look at a copy of, the soil survey at a
> library. You
> > may still able to obtain a copy from the Natural Resouces
> > Conservation
> > Service, although I believe the Wake County survey is out of
> print.
> > Eric Kulz
3 of 7 6/8/2005 8:40
Re: 501 Tiffany Circle]

> > Keith Garwood wrote:

> > > Thank you for your response. I will plan on meeting you at my
> > > residence Friday morning. In the meanwhile could you prepare
> > copies
> > > of the documentation that you have for my review to help
> me better
> > > understand the regulations and determination of the ditch. It
> > is also
> > > my understanding that these regulations went into effect in
> > 1997. The
> > > town of Garner issued me a building permit for my home in Oct.
> > of 1998
> > > and none of this information came out at that time. What
> is th e
> > > regulation concerning my house that falls into the same
> cate gory
> > that
> > > "is" in the buffer limits? Also where can I get a copy of
> the USDA
> > > Soil Survey to verify your information?

> > > B. Keith Garwood
> > > Formula One of Raleigh and Apex
> > > All-PRO Window Films
> > > Authorized dealer for FormulaOne, Vista and LLumar window
> films.
> > > [phone]

> > > ----- Original Message -----
> > > *From:* Eric Kulz <mailto:[e-mail]>
> > > *To:* Keith Garwood <mailto:tint4munv msn.com>
> > > *Sent:* Monday, June 06, 2005 9:15 AM
> > > *Subject:* Re: 501 Tiffany Circle

> > > Mr. Garwood:

> > > The determination of applicability of the buffer rules
> is as
> > follows:

> > > The stream behind your house is shown on the USDA Soil
> > Survey of Wake
> > > County. The applicability of the buffer rules to this
> > stream was
> > > confirmed on-site by Steve Mitchell of the Division of
> Wate r
> > > Quality in
> > > 2001 (August 15, 2001 letter to Anthony Chalk,
> Assis tant Town
> > > Engineer
> > > regarding 104 Easton Court. NBRRO 01-201).

> > > As I indicted, we will be looking into this issue
of 7 6/8/2005 8:40
[Fwd: Re: 501 Tiffany Circle]
> on-site on
> > Frida y
> > > morning. Feel free to be there is you would like to
> discuss
> > this
> > > matter
> > > with us.

> > > Eric Kulz

> > > Keith Garwood wrote:

> > > > Well for that matter, my house is located within the
> 50 foot
> > > buffer.
> > > > Should I tear town my house? Truthfully, I am not
> > fighting you on
> > > > this. I would like you to provide me information that
> > established
> > > > this "man made, (Ephemeral) storm water stream" as an
> > > "intermittent"
> > > > stream subject to the Neuse River Riparian
> Regulations. The
> > > research
> > > > I have done does not lead me to believe that it is.
> This
> > ditch
> > > does
> > > > not even show up on the US Geologic Survey map that
> I have,
> > > which to
> > > > my understanding is how these determinations are made.

> > > > As far as being informed by my homeowners association,
> > Mr. Ted
> > > > Rollins, the individual responsible for contacting
> you, neve r
> > > > contacting me. I called him to ask about paying my
> hom eown ers
> > > dues,
> > > > at which time he began to debate whether or not I
> should be
> > > installing
> > > > this patio. I was never "officially" notified by the
> > "Tiffany Woods
> > > > Homeowners Association" in writing or otherwise as
> to any ,
> > > violations
> > > > concerning the Neuse River Riparian Regulations. As a
> > matter of
> > > fact,
> > > > I have been in contact with other neighbors, some of
> thos e
> > > neighbors
> > > > which serve on the Tiffany Woods homeowners association,
5 of 7 6/8/2005 8:40 A
d: Re: 501 Tiffany Circle]
I>
> and every
> > > single one of them gave their blessings and support
for the
> > > improvements. Some have even offered and assisted in the
> > improvements.
> > > Mr Rollins has a bad habit of making things his
"pe rsonal"
> > business
> > > that he has no business being involved in.

> > > B. Keith Garwood
> > > Formula One of Raleigh and Apex
> > > All-PRO Window Films
> > > Authorized dealer for FormulaOne, Vista and LLumar
win dow
> films.
> > > [phone]

> > > ----- Original Message -----
> > > *From:* Eric Kulz <mailto:[e-mail]>
> > > *To:* Keith Garwood <mailto:[e-mail]>
> > > *Sent:* Monday, June 06, 2005 7:44 AM
> > > *Subject:* Re: 501 Tiffany Circle

> > > Mr. Garwood:

> > > The intermittent stream behind your house was
previously
> > > deterimined by
> > > the Division of Water Quality to be subject to the
> Neuse River
> > > Riparain
> > > Buffer Rules. Your raised gravel pad, which I
> und erstand was
> > > installed
> > > recently, is within the 50-foot Neuse River Riparian
> > Buffer. We have
> > > been informed that your homeowner's association
> noti fied you
> > of the
> > > presence of the buffer.

> > > Construction of this graveled pad within the
buffer is not
> > allowable
> > > under the Neuse River Riparian Buffer Rules.

> > > We will be visiting your property on Friday,
June 10 at
> > 8:30-8:45 to
> > > determine a course of action in this matter.

> > > Eric Kulz

> > > Keith Garwood wrote:

of 7 6/8/2005 8:40
[Fwd: Re: 501Tiffany Circle]
> > > > > Good Morning,

> > > > > I received your business card left at my front
> door
> > with a
> > > note to
> > > > > contact you concerning improvements to my back
> yard
> > > located at 501
> > > > > Tiffany Circle in Garner.

> > > > > Could you please divulge the nature of your
> concerns as
> > > associated
> > > > > with the Neuse River Riparian Buffer
> Regulations and any
> > > viola tions
> > > > > you believe to be associated with the
> improvements.

> > > > > Thank you,

> > > > > B. Keith Garwood
> > > > > Formula One of Raleigh and Apex
> > > > > All-PRO Window Films
> > > > > Authorized dealer for FormulaOne, Vista and LLumar
> > win dow
> > > films.
> > > > > [phone]

`Eric Kulz <[e-mail]>
Environmental Specialist III
Surface Water Protection
NC Division of Water Quality
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