Agenda - 04-03-2018 6-a - Major Subdivision Preliminary Plat Application

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Patrick R. Mallett From: Michael Harvey Sent: Tuesday, January 3O,2O189:38AK4 To: Danny]nnes Cc: Peter Bellantoni; Chuck Edwards Contact; Craig Benedict; Patrick R. Mallett Subject: RE: Triple Crown Farms, Orange County NC Final Plat Approval I believe your summation is accurate. |feet it necessary, however, to Summarize how we got here from the information I have available to me: 1. Pennoni submitted construction drawings to NC DOT for review to build the approved roadways, which per the County approved subdivision application were tobe constructed bo public road standards. Said standards which are interpreted and enforced by the local N[ DOT engineering division; PennVni also submitted required permit mpp|icationhJto: Orange County Erosion Control, US Army Corps of Engineering, and Current Planning for authorization to commence earth disturbing activities. From nny perspective all approvals were given bythe County with the understanding road work would not commence until appropriate DOT permits had been issued given the fact they were originally proposed, by the applicant as part of tile subdivision submittal, tobe built tmthe applicable public road standard; 3. There are conflicting viewpoints from the various involved parties (i.e. Pennoni and DOT staff) on what happened next. All that is clear to me is that roadwork improvements were initiated without required DOT approval, without required DOT permits, and without required DOT inspections; 4, There are also, apparently based onwhat staff has heard from tile various parties, conflicting view points of what should and should not be allowed by0CDOT with respect to these roadways; 5. According to Pennoni and the applicant, addressing the issues created by the commencement of roadway construction absent DOT approval and permitting would create an extreme impact to local waterways. Further b has been suggested incorporating DOT required modifications to the roads at this point would negatively impact the previously issued Army Corps. Permit; 6. At this stage the applicant is seeking to amend the approved subdivision to have the roads privately maintained by local property owners. NC DOT has 'chosen' not to take over these roads as work was commenced without required permits, without required inspections, and roadway improvements are apparently 'out of compliance' with the applicable standards as determined bvthe local DOT engineer. Language indicating this was some form of 'conscious' choice is very misleading. County Planning staff cannot help the fact there has been purported tension(s) and disagreement(s) between DOT staff and your engineer. As I am sure you will respect we cannot serve as an arbiter in these matters. We are happy to assist getting the request expedited to the best of our abilities to allow the project to move forward. Having said that we are also interested in a fair representation of the facts, from both sides, ensuring a transparent process.