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~~~~~~~ <br />Michae9 .Hughes, P.E. <br />Civil Engineer <br />February 26, 2009 <br />Craig Benedict, Director of the Planning Department <br />Orange County, North Carolina <br />306F Revere Road <br />PO Box 8181 <br />Hillsborough, NC 27278 <br />Dear Craig: . <br />It has come to the attention of our Bingham Township Community that Dennis Howell, d.b.a. West 54, LLC, is <br />building a road into the proposed site for the Waste Transfer Station (WTS), known as Site 056 on Hwy S4 <br />West. It would: appear to me that this may be in violation of several aspects of the Orange County Ordinance. <br />The road has been cut in along the property line, leaving no buffer with the adjoining property, the road <br />connection has not been permitted by NCDOT, and Mr. Howell does not have an approved subdivision plan. <br />Attached is a copy of a letter from NCDOT denying a driveway permit application for Howell's project known <br />as the Midway Subdivision. The letter was sent to Michael A. Neal, PE the engineer and applicant acting on <br />behalf of Dennis Howell. <br />Is it not a violation of the Ordinance to commence land clearing for a subdivision without prior approval of the <br />subdivision plans? Would this not fall under the tree protection ordinance as well? <br />..'.. ::: .... ....vin ~~ <br />~, , It has been. my experience that a mayor dnveway_ (or roadway),:coimection for a use. such as the pro,~nsd WTS, <br />with its associated trafficvoluines and slow moving trucks, would dictate a properly engineered intersection <br />with Hwy S4, including; 1) a right turn lane into the site, 2) left turn lanes from both directions, 3) an adequate <br />amount of vehicle storage in all the turn lanes, 4) at least 600' of tapered approaches in each direction (10 feet <br />per MPH). to the beginning of the storage lanes, 4) an analysis of the storm water runoff from the new <br />intersection, S) an erosion control plan that appropriately addresses the entire extent of the land disturbing <br />activities to construct all of the required improvements, 6) buffer requirements with adjoining properties, and 7) <br />an analysis of the impacts of the proposed driveway connection and improvements to the inbound and outbound <br />traffic to/from Morrow Mill road and local businesses. It would seem to me that the erosion control permit does <br />not include the full scope of land disturbing activity. <br />Residents fear that Mr. Howell is using the WTS site to pursue commercial development that otherwise would <br />not be permitted. Many believe that Mr. Howell may have a privileged status because the WTS site has been <br />selected by the County Commissioners. Some even suspect that Mr. Howell has already received tacit approval <br />for commercial zoning for in exchange for his cooperation, and the road cut has been allowed at this time to <br />create apre-existing condition to be leveraged for zoning approval at a later time. <br />As you know I have been in this business for many years and my clients have been consistently held to a higher <br />standard than tills. Please advise at your earliest convenience about the County's position on this matter.. <br />Warm regards, <br />~. <br />~~ <br />Michael ivl. Hughes, PE <br />cc County Commissioners, Chuck Edwards, PE NCDOT <br />Orange County Voice • <br />8112 Orange Grove Road Chapel Hill, NC 27516 (919)929-8726 <br />