The Sylva Herald and Ruralite - County planning board... -
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Published on: 10/11/2002
Last Visited: 10/11/2002
Though notices of violation were sent to the developer, Jackson Land and Timber Co., no action was ever taken against the company's financially-responsible partner, Jackson County Planning Board Chairman Jack Debnam.
Recent statements made by Jackson County's planning board chairman concerning who should be held accountable for soil erosion problems have angered members of a Sylva family who say runoff from his development harmed their property.
The situation involving real estate developer and planning board Chairman Jack Debnam dates back to February of this year, according to information on file with the county building inspector's office.That's when soil sediment control officer Jeff McCall first visited a site being developed by Debnam and others under the corporate name Jackson Land and Timber Co.
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McCall's letter to Debnam goes on to say that Jackson Land and Timber Co. would have 30 days to file an erosion and sedimentation control plan, which should include acceptable erosion control measures to be taken at the site.
McCall said he was unaware at the time that Debnam had notified the building inspection's office on Oct. 9, 2001, of his intent to disturb less than an acre of land at the same location.Though a permit and plan are not required, notification of land-disturbance activities of less than an acre is mandated by the county's ordinance.In addition to general information about who is responsible for the activity, the form asks landowners to specify what measures they plan to employ to prevent runoff.
Debnam's form indicated he planned to use silt fence, install a temporary gravel construction entrance, seed the dozed area and use a rip-rap pipe outlet, all within 30 days of the disturbance.McCall said when he visited the site in February, four months after Debnam turned in his form, none of these measures had been taken.
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"If (Debnam) had just seeded, it would have helped.
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"Jack said his hands were tied.There was nothing he could do."
By the time the rain had stopped, mud from the JLT Co. site above Bradley's house had coated her driveway and covered her lawn.Her reservoir and spring had filled with silt, and she went without water for five days.
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After making another site visit on March 21 and finding control measures had still not been taken, McCall sent Debnam a second notice of violation.
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Speaking through his attorney, Eric Ridenour of Sylva, Debnam contradicted McCall's assessment of the site at the time of the rain, saying that "all reasonable (sediment control) measures had been taken before March 17."
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Without a schedule of fees to address specific penalties against violators, assessing Debnam a fee would have been "too general and vague to be enforced," the county manager said.
County officials investigating the situation asked questions about holding Debnam's insurance provider responsible for the damage to the spring, but "we couldn't get anywhere with that," Westmoreland said.
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Again, speaking through his attorney, Debnam said a Nationwide insurance adjuster visited the site and found no damage that needed to be compensated.
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"We discussed the fact that Mr. Debnam, as chairman of the planning board and one-fourth interest in (Jackson Land and Timber Co.), was taking the brunt of the situation," Westmoreland said.
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"There were discussions about removing Jack as planning board chairman.It was a bad situation."
After Westmoreland told commissioners that no action could be taken against Debnam, he recommended the planning board be asked to develop a schedule of fees to be added to the county's ordinance.
"I told Jack that was his punishment," Westmoreland said.
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Not only was Denton unaware that the sediment control officer had recommended a fine against Debnam, the chairman said the county manager led board members to believe no violation had taken place.
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With regard to why Debnam was not fined, Buchanan placed the blame on the ordinance's lack of a fee schedule.
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The fact that Debnam was serving as chairman of the planning board had nothing to do with his not being fined, Buchanan said.
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Debnam filed a sediment control plan with the building inspections office on April 29.McCall's site visit report of May 6 indicated the area was no longer under notice of violation, but that control measures still needed to be implemented.
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"I never wanted to hurt Jack or cause him any problems.
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A little compassion on Debnam's part could have swayed Bradley's decision to seek legal advice from Sylva attorney Paul Holt and consider a lawsuit against Debnam.
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"If this development has harmed any landowner in any way, I will do everything possible to remedy the situation," Debnam said through his attorney.
"Jack is on the planning board because he is a good citizen, and even though he said he was busy, he said he'd be willing to serve," attorney Ridenour said.
Debnam was appointed to the planning board in January 2000, six months prior to the adoption of the sediment control ordinance.He was elected chairman in January 2001 and re-elected to the post a year later.
Even now Bradley said she wouldn't do anything to hurt Debnam and that she's looking forward to having neighbors when the development is completed."But it's not right for him to do this to me," she said."If he did it to me, he might do it to somebody else.
"If he'd just come to the door and said he was sorry and said 'Here's a gallon of water,' then it'd be different because all a man can do is offer to help," she said.
Debnam, speaking again through his attorney, said he did ask Bradley what he could do to help and went as far as offering to put in a ditch between the two pieces of property to divert rain water.That offer was rejected, Ridenour said, through a letter from Bradley's attorney, who threatened legal action if Debnam proceeded.
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"The only thing the property owners would have gained was the satisfaction of knowing (Debnam) had been fined."
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