post trial brief - AboutForsyth.com
post trial brief - AboutForsyth.com
post trial brief - AboutForsyth.com
Create successful ePaper yourself
Turn your PDF publications into a flip-book with our unique Google optimized e-Paper software.
IN THE SUPERIOR COURT OF FORSYTH COUNTY<br />
STATE OF GEORGIA<br />
IVYSHAW LANDING NEIGHBORHOOD *<br />
PROPERTY OWNERS ASSOCIATION, INC. *<br />
* CIVIL FILE NO.:<br />
vs. *<br />
* 2012CV-254<br />
WILLIAM B. BROWN, RON MAYHEW *<br />
AND CONNIE MAYHEW, *<br />
DEFENDANTS *<br />
DEFENDANTS' POST TRIAL BRIEF<br />
COME NOW, William B. Brown, Ron Mayhew and Connie Mayhew, Defendants herein and<br />
provide the court the following <strong>post</strong>-<strong>trial</strong> <strong>brief</strong>:<br />
1.<br />
This case was called to <strong>trial</strong> on April 29, 2013 over the objections of the Defendants due to<br />
in<strong>com</strong>plete discovery production by the Plaintiffs and unfinished business before the court in the form<br />
of outstanding motions. With so much outstanding business, Defendants continue to maintain that <strong>trial</strong><br />
was premature and the Defendants were unable to be prepared for <strong>trial</strong> although witnesses had been<br />
previously subpoenaed and were available had a <strong>trial</strong> been appropriate at that time.<br />
2.<br />
Even with the Defendants' case hamstrung, the following issues of fact came out before the<br />
court and require that the Plaintiff's judgment from Magistrate Court be stricken and dismissed, that<br />
Defendants' counter-claims be granted and that appropriate actions in defense of the public health and<br />
safety be initiated.<br />
3.<br />
Produced for the record at <strong>trial</strong> were certain Plaintiff's Exhibits and Defendants' Exhibit 1 which<br />
show that the Common Area property on which the Ivyshaw Landing Subdivision Community Septic<br />
System drain field and tanks have been placed was stolen from the entire sub-division <strong>com</strong>plex. The<br />
Page 1
septic system facilities could not be placed upon property belonging to someone other than the<br />
“owners” for which it was being proposed:<br />
Exhibit 1, the State of Georgia Manual for Onsite Sewage Management Systems, page A18, 290-5-<br />
26-.18 Maintenance and Operation, sub-paragraph (2) states:<br />
(2) “Maintenance” - The property owner shall be responsible for properly operating and<br />
maintaining the on-site sewage management system to increase the life expectancy and<br />
prevent failure. Maintenance of the system shall be in accordance with the criteria<br />
established in the Department’s current Manual for On-Site Sewage Management Systems.<br />
Where an on-site sewage management system is proposed to serve facilities under separate<br />
ownership, a contract to insure proper operation and maintenance of the system signed by all<br />
owners, shall exist as a precondition to the issuance of a permit for the construction of an onsite<br />
sewage management system.<br />
Therefore, the developers illicitly quit claimed the Common Area properties which were required (and<br />
represented) to <strong>com</strong>ply with the May 22, 2000 copy of the Forsyth County Uniform Development Code<br />
(the “UDC”) section 18-5.23, Exhibit 2:<br />
Stealing of the Common Areas required by the UDC has invalidated the entire subdivision, placing all<br />
of the homes and lots in the entire <strong>com</strong>plex (Ivyshaw Park, Ivyshaw Landing and Preserves at Ivyshaw)<br />
into a condition of non-conformance with state and county law.<br />
Page 2
4.<br />
The Plaintiff (and their counsel) <strong>com</strong>e before the Court asking for judgment for attorney fees.<br />
They appeared also in Magistrate Court asking for the same fees. Plaintiff's attorney testified before<br />
the court:<br />
Q: You can't obtain a judgment on attorney fees, except those actually incurred, correct?<br />
A: Correct.<br />
Both Plaintiff and Plaintiff's counsel know that judgment on attorney fees cannot issue except for those<br />
fees “actually incurred”. Therefore, in conspiracy together, they have submitted to the Magistrate<br />
Court and to this Superior Court through discovery materials a falsified statement of expense in order<br />
to obtain that judgment in Magistrate Court and in support of such judgment herein.<br />
5.<br />
Plaintiffs have wrongfully sought and obtained through submission of falsified expense<br />
statements a judgment for attorney fees which can only be obtained for fees “actually incurred”, i.e.<br />
actually paid. Plaintiff's law firm, Weissman, Nowack, Curry & Wilco have even written a treatise<br />
<strong>post</strong>ed on the internet regarding the collection of attorney fees, Exhibit 3:<br />
The reason for that is that attorneys get blinded by the desire to collect their fees in a contingency<br />
situation and they do not perform their statutory obligation of looking out for the interests of the<br />
homeowners! As has transpired in this very case.<br />
6.<br />
Even though, hamstrung by a premature <strong>trial</strong> and without the benefit of requested discovery,<br />
Defendants have shown at <strong>trial</strong> that the ILNPOA has misappropriated homeowner funds and cared<br />
Page 3
nothing about understanding the infrastructure for which they have an obligation to operate and<br />
maintain on behalf of all of the homeowners in the subdivision. By direct testimony of Mr. Bruce<br />
Weintraub, ILNPOA funds were used in misappropriation of the association funds to cut of grass<br />
belonging to the developers. This is just one showing of misappropriation which underscores the<br />
importance of the discovery requests for the books and records of the association which have been<br />
wrongfully denied to Defendants and for which judgment in favor of the Plaintiff should be denied.<br />
7.<br />
Attached hereto is the affidavit of Mr. Zach Handach, P.E. with Rindt-McDuff Associates, the<br />
engineer who conducted the review of the subdivision septic systems. Mr. Handach was under<br />
subpoena to appear at <strong>trial</strong>, which was conducted prematurely. Mr. Handach's reports contain the<br />
engineering review of the Community Septic System, the storm drains and green space requirements.<br />
A statement of the expenses incurred for his services is included. His reviews show the multitude of<br />
design and installation deficiencies which were allowed to be done by Forsyth County since the<br />
subdivision was never conforming to county law in the first place. The additional work of the surveyor<br />
which RMA relied upon for their storm drain evaluation is attached as Exhibit 4.<br />
8.<br />
Attached hereto is an affidavit of Mr. Dan Centofanti, P.G., with Mill Creek Environmental<br />
Services. Mr. Centofanti has been subpoenaed to the <strong>trial</strong> of these matters, which was premature as of<br />
the date of the <strong>trial</strong> on March 29, 2013. Mr. Centofanti's reports the failing and improperly designed<br />
and installed septic systems in the subdivision, along with the expenses incurred for his services. Mr.<br />
Centofanti's report references bacteria sampling conducted by KW Soils Inc. which were made a part of<br />
the record during the Plaintiff's deposition of Kyle White of KW Soils, Inc. along with the expenses of<br />
Defendant in obtaining his services (attached as Exhibit 5).<br />
9.<br />
Mr. Centofanti's review of the Ivyshaw Landing Subdivision points out that Septic systems are<br />
Page 4
failing and contaminating the stream and lake with fecal coliform bacteria at a level posing a<br />
“significant risk to anyone <strong>com</strong>ing in contact with Lake Lanier waters”..<br />
10.<br />
Plaintiff's Exhibit 3,(Declaration of Covenants and Amendments), Plaintiff's Exhibit 20 (Plat for<br />
Ivyshaw Landing recorded 7/25/01, Book 66, Page 168), Plaintiff's Exhibit 21 (Septic records from<br />
Forsyth County), 38 (Purchase Contract dated 7/11/03), and Plaintiff's Exhibit 43 (Plat of Neighboring<br />
subdivision) and Defendants' Exhibit 1 (Plat of Ivyshaw Park Phase I dated November 15, 2000, Book<br />
68, Page 184) are the documents relating to the approval of Ivyshaw Park and Ivyshaw Landing<br />
subdivisions. The Forsyth County approved plats of the Ivyshaw Park and Ivyshaw Landing<br />
Subdivisions do not contain any representation of a limitation on the number of bedrooms that can be<br />
built on any lot within the Ivyshaw Landing Subdivision which is served by a Community Septic<br />
System limited in the number of bedrooms which can connect to it.<br />
11.<br />
As shown in <strong>trial</strong>, Plaintiff's Exhibit 5 (Quitclaim Deed dated October 31, 2001, <strong>com</strong>mon<br />
property) transfers the tracts known as Common Area 1 and Common Area 2 from Ivey Shaw, LLC to<br />
Ivyshaw Landing Neighborhood Property Owners Association, Inc (herein “ILNPOA”). The property<br />
subject of this quit claim deed had vested to the property owners of the Ivyshaw Park Subdivision as<br />
shown in Plaintiff's 43 and Defendants' 1. As shown in Defendant's Exhibit 1, at Final Plat Note 12, the<br />
Common Area tracts subject of the Plaintiff's Exhibit 5 quit claim deed were required to meet the<br />
county code for Common Area for the entire subdivision:<br />
The illicit transfer of the property into the ILNPOA for <strong>com</strong>mercial use as a septic system drain field<br />
area has caused the entire subdivision (Ivyshaw Park, Ivyshaw Landing and the Preserves at Ivyshaw)<br />
Page 5
to be out of <strong>com</strong>pliance with the county code. This quit claim deed is evidence of a theft of property<br />
for the fraudulent enrichment of the subdivision developers as well as certain of the subdivision<br />
homeowners/Property Owners Association officers who have facilitated the cover up of this activity as<br />
evidenced in this court action.<br />
12.<br />
Exhibit 6 is an excerpt of the Manual for Onsite Sewage Management Systems, Georgia<br />
Department of Human Resources, page M-1, showing the minimum lot size required for installation of<br />
an individual septic system. Table MT-1 shows that for a lot utilizing a public water supply (such as<br />
the lots in Ivyshaw Landing) the minimum required lot size by state law is 21,780 square feet. Forsyth<br />
County had adopted these rules in their May 22, 2000 version of the Forsyth Uniform Development<br />
Code (UDC), Exhibit 7. The UDC is more restrictive than the state requirement, showing a minimum<br />
lot size required of 25,500 square feet in an R2R zoned district (such as Ivyshaw Landing). Plaintiff's<br />
Exhibit 20 (Plat for Ivyshaw Landing recorded 7/25/01, Book 66, Pages 168-170) shows that Lot 3<br />
only has a lot size of 20,608 square feet which does not meet the minimum standard for either the state<br />
or county code. Yet, Ed Kerns, first president of the Plaintiff and owner of Lot 3 was issued an<br />
individual septic system permit in violation of state and county law. Further examination of Lots 17<br />
and 18 (which are now leaching septic effluent into federal waters) will show that, although the lot<br />
sizes on the surface appear to exceed the minimum required, the soils shown in Plaintiff's Exhibit 20,<br />
along with unusable portions of the lots, do not provide the required minimum square footage of<br />
useable soils and they were also issued individual septic permits in violation of state and county law.<br />
These people were directly responsible for accepting the subdivision in its sub-standard condition in<br />
exchange for these fraudulent favors for their own personal benefit.<br />
13.<br />
Forsyth County approved and had filed with the Clerk of Court two different versions of the<br />
Ivyshaw Park subdivision plats, Plaintiff's Exhibit 43 and Defendant's Exhibit 1. Although these plats<br />
Page 6
were filed one year apart, both represent that they are original versions with no revisions. Both<br />
represent that they were reviewed, signed off and approved within just a few days of being submitted.<br />
Together, they make conflicting representations as to the use of the Common Area, so that the<br />
developers and the County could show to various government entities whatever picture they wanted to<br />
present at in any given circumstance.<br />
14.<br />
Plaintiffs Exhibit 43 and Defendants' Exhibit 1 both show that the entire Ivyshaw Landing<br />
subdivision (18 Lots) has responsibility for operation and maintenance of the installed Community<br />
Septic System. However, in contravention of the intent of the County Commissioners, the Ivyshaw<br />
Landing Covenants have been unilaterally modified by the subdivision developers to fraudulently<br />
remove from responsibility of maintenance those lot owners who have individual septic systems<br />
installed.<br />
15.<br />
Defendants' have incurred expenses on behalf of all of the homeowners in the subdivision<br />
which the Plaintiffs have refused to acknowledge because of their stated desire to ignore the problems<br />
of the subdivision, for their own personal benefit. Those expenses include:<br />
A. Rindt-McDuff Associates, engineering:<br />
7/6/2007 $2,500.00<br />
10/16/2007 $210.53<br />
3/10/2010 $5,552.74<br />
5/14/2012 $780.00<br />
Total: $9,043.27<br />
B. Mill Creek Environmental Services:<br />
11/9/2012 $1,176.00<br />
C. Total Surveying, in support of RMA investigation:<br />
Page 7
4/27/2007 $850.00<br />
D. KW Soils, Level 4 Soil Survey and Water Sampling:<br />
Level 4 Soil Survey of Common Area: $1,300.00<br />
Water Sampling: $1,000.00<br />
Total of Expenses in support of subdivision interests: $13,369.27<br />
16.<br />
Ivyshaw Landing Subdivision is not in <strong>com</strong>pliance with county code. The subject residence,<br />
9140 Ivyshaw Landing, sits on stolen government property and discharges septic waste onto property<br />
stolen from the homeowners of the Ivyshaw Park Subdivision. The Plaintiffs, ILNPOA, accepted this<br />
fraudulent condition from the developers in exchange for illegal septic systems on their own personal<br />
homes.<br />
17.<br />
Due to the non-<strong>com</strong>pliance of the subdivision with county code, the following corrective<br />
actions must be imposed as stated by the reports from RMA and Mill Creek:<br />
1. A moratorium on all sales and transfers of property until <strong>com</strong>pliance with codes can be<br />
achieved in order to keep from passing fraud to any other innocent victims (home buyers,<br />
lenders, investors, and ultimately the pubic who will be saddled for cleaning up this mess<br />
through their tax dollars).<br />
2. Return of the Common Areas to the rightful owners.<br />
3. Removal and remediation of Common Area property contaminated with septic effluent from the<br />
illicit installation.<br />
4. Immediate corrective action for those septic systems discharging septic effluent into the<br />
environment.<br />
5. Cleanup and remediation of public lands affected by the sewage contamination and sediment<br />
contamination from excessive erosion.<br />
Page 8
6. Restoration and remediation of government property stolen and improperly filled and cleared on<br />
Lake Lanier.<br />
7. Voiding of Ivyshaw Landing and Ivyshaw Park Subdivision plats and approvals until all<br />
corrective actions and remedial actions are <strong>com</strong>plete.<br />
18.<br />
Further, due to the direct showing of misappropriation of funds by Plaintiff, their claims should<br />
be denied and investigation requested by Internal Revenue Service.<br />
19.<br />
Defendants were owners of 9140 Ivyshaw Landing at the time of filing of this action, therefore,<br />
due to the actions of the Plaintiffs in accepting the subdivision from the developer without proper due<br />
diligence and callously disregarding the obvious violations as reported by Defendants experts,<br />
Defendants' home was not marketable and Defendants seek judgment against Plaintiffs for the value of<br />
that property, which according to appraisal is in the amount of $1,800,000.00.<br />
20.<br />
Defendants further seek judgment against Plaintiffs in the amount of expenditures made by<br />
Defendants on behalf of all of the homeowners of the subdivision in exposing this “fraud for profit”<br />
racket. As show above, that amount is $13,369.27.<br />
21.<br />
As a matter of law, Defendants show that Plaintiff's request for attorney fees should be denied.<br />
22.<br />
The reason for Plaintiff's refusal to turn over the books and records with regard to attorney fees<br />
began to be exposed in front of the court during <strong>trial</strong> and have lately been further jelled since the public<br />
<strong>post</strong>ing of the <strong>trial</strong> video on you-tube. Present in the courtroom audience during <strong>trial</strong> was a certain<br />
lawyer employed by the Gwinnett County Solicitor, Mr. Tad Franklin Kelley, the son-in-law of Bruce<br />
and Kathy Weintraub. Mr. Kelley assisted Plaintiff's counsel, Mr. LoMonaco at times during the <strong>trial</strong>.<br />
Page 9
Chapter 290-5-26<br />
<br />
On-Site Sewage Management Systems<br />
290-5-26-.17 Certification and Decertification of Septic Tank Contractors, Inspection<br />
Personnel, Pumpers, Soil Classifiers and Maintenance Personnel.<br />
(1) “Certification Required” - Individuals performing services related to site approval, the<br />
design, location, installation, inspection and maintenance of an on-site sewage management<br />
system, must be certified by the Department.<br />
(a) Guidelines defining certification qualifications for septic tank contractors, inspection<br />
personnel, pumpers, soil classifiers and maintenance personnel shall be established by the<br />
Department and shall be published in the Manual for On-Site Sewage Management Systems.<br />
The guidelines shall be based on education, experience, testing and performance.<br />
(b) The Department shall write a protocol for decertification of persons certified under the<br />
provisions of this Section.<br />
(c) Certification shall be required every two years and shall be based on meeting continuing<br />
education requirements.<br />
(2) “Fee” - The Department shall adopt a fee schedule for the certification and recertification of<br />
the persons listed in this Section.<br />
Authority O.C.G.A. Secs. 12-8-1, 31-2-2, 31-2-4, 31-2-7. History. ER. has been adopted. F. Jan. 2, 1998; eff. Jan. 15, 1998, as specified by the<br />
Agency, to be in effect for 120 days or until the effective date of a permanent Rule covering the same subject matter superseding this ER.<br />
Amended: ER. repealed and permanent Rule, entitled “Certification and Decertification of Septic Tank Contractors, Inspection Personnel,<br />
Pumpers, Soil Classifiers and Maintenance Personnel” adopted. F. Jan. 23, 1998; eff. Feb. 20, 1998, as specified by the Agency.<br />
290-5-26-.18 Maintenance and Operation.<br />
(1) “Prohibited Discharge” - No person shall allow the unapproved discharge or spillage of<br />
sewage, nor shall an on-site sewage management system be used or maintained in such a manner<br />
that will allow the seepage or discharge of effluent from such system to the ground surface, to a<br />
water course, drainage ditch, open trench, canal, storm drain or storm sewer, water well,<br />
abandoned well, lake, stream, river, estuary, groundwater, or other body of water.<br />
(2) “Maintenance” - The property owner shall be responsible for properly operating and<br />
maintaining the on-site sewage management system to increase the life expectancy and prevent<br />
failure. Maintenance of the system shall be in accordance with the criteria established in the<br />
Department’s current Manual for On-Site Sewage Management Systems. Where an on-site<br />
sewage management system is proposed to serve facilities under separate ownership, a contract<br />
to insure proper operation and maintenance of the system signed by all owners, shall exist as a<br />
precondition to the issuance of a permit for the construction of an on-site sewage management<br />
system.<br />
(3) “Additives” - No strong bases, acids or organic solvents shall be used in the operation of an<br />
on-site sewage management system.<br />
(4) “Existing System Evaluations” - If a performance evaluation of an existing system is<br />
conducted, the evaluation shall be performed in accordance with the procedure established in the<br />
Department’s current Manual for On-Site Sewage Management Systems.<br />
April 1, 2007 A-18
OnLine Access: Check Details<br />
https://onlineaccesseh.synovus.<strong>com</strong>/Synovus/Accounts/CheckImageViewer.aspx?index=2...<br />
Page 1 of 1<br />
5/4/2012<br />
Check Details<br />
Account: Checking (*******1180) | Check Number: 0000001607 | Date Posted: 4/4/2012 | Amount: $1,300.00<br />
Zoom In Zoom Out Print<br />
Copyright © 20062012 Synovus Bank Member FDIC, an Equal Housing Lender. All Rights Reserved.
Lot Sizing<br />
<br />
To provide for the orderly and safe development of property utilizing onsite sewage management systems, the<br />
following criteria for establishing minimum lot sizes are re<strong>com</strong>mended for use by County Boards of Health, which<br />
are authorized by Georgia statute in OCGA 3135(b) (2) to establish minimum lot sizes. Larger lot sizes may be<br />
required to meet the requirements of this manual depending on the proposed development of the property. County<br />
Boards of Health and/or County Zoning Authorities may requirelargerminimum lotsizes;suchestablishmentof<br />
larger minimum lot sizes will take precedence.<br />
1. Lot size requirements are as follows for single family dwellings including but not limited to: manufactured or<br />
mobile homes, stick built homes, modular homes, etc., and individual lots in subdivisions or mobile home lots<br />
located in areas other than <strong>com</strong>mercial mobile home parks. Area requirements for multiple dwellings on a<br />
single recorded lot, where not prohibited by local zoning, must be provided in multiples of the following<br />
minimum lot sizes for each dwelling to be constructed on the recorded lot. SeeTable MT1 and subparagraphs<br />
1A through 1F as follows.<br />
Table MT1<br />
Minimum (Min) Lot Sizes, Minimum Lot Widths and Maximum (Max) Allowable Sewage Flow for the Type of<br />
Water Supply System.<br />
Type of Water Supply System<br />
Nonpublic*<br />
(Individual)<br />
Public<br />
Min Lot Size 43,560 square feet 21,780 square feet<br />
Min Lot Width 150 ft. 100 ft.<br />
Max Sewage Flow 600 gpad** 1200 gpad<br />
* In this context "Nonpublic" means an individual water supply system or any other water<br />
supplysystem,whichisnota"public”watersupplysystem.<br />
**gpad = gallons per acre per day=gal/acre/day.<br />
A. The above minimum lot sizes are for the typical size home (3 or 4 Bedroom) with basic appurtenances such as:<br />
driveway, minimum number of trees, and water supply line. If larger homes, swimming pools, tennis courts or<br />
outbuildings, etc. are proposed to be constructed or if trees would interfere with installation of an onsite sewage<br />
management system, the County Board of Health will require larger lots to assure useable soil area.<br />
B. The County Board of Health may also require larger lot sizes when physical factors indicate the need to do so.<br />
These factors include, but are not limited to, the availability of sufficient unobstructed land areas for an<br />
approved onsite sewage management system and approved replacement system, slope greater than 5%,<br />
percolation rates higher than 45 minutes per inch, need for subsurface drainage or adverse topographic features.<br />
C. Lots shall be a minimum width of one hundred feet (100') or one hundred fifty feet (150') measured within the<br />
area where an approved onsite sewage management system and replacement system are to be located when<br />
served by a public water supply system or nonpublic water supply system, respectively.<br />
D. The following land areas are not considered as a part of a lot when calculating the required minimum lot size:<br />
right of ways of roads, easements (such as power line or pipe line) that exclude installation of an onsite sewage<br />
management system, soil conditions that exclude the installation of an onsite sewage management system,<br />
bodies of water, land within 50 feet of a lake, river, stream, wetland or other bodies of water and similar limiting<br />
factors.<br />
M1
1<br />
2<br />
3<br />
4<br />
5<br />
6<br />
7<br />
8<br />
9<br />
10<br />
11<br />
12<br />
13<br />
14<br />
15<br />
16<br />
17<br />
18<br />
19<br />
20<br />
21<br />
22<br />
23<br />
24<br />
25<br />
IN THE SUPERIOR COURT OF FORSYTH COUNTY<br />
STATE OF GEORGIA<br />
IVYSHAW LANDING NEIGHBORHOOD *<br />
PROPERTY OWNERS ASSOCIATION, *<br />
*<br />
PLAINTIFF *<br />
*<br />
vs. * CIVIL FILE NO.:<br />
*<br />
WILLIAM BOBBY BROWN, * 12CV-0254<br />
RONALD F. MAYHEW, *<br />
CONNIE D. MAYHEW *<br />
*<br />
DEFENDANTS *<br />
STATE OF GEORGIA )<br />
DAWSON COUNTY )<br />
AFFIDAVIT OF DAN CENTOFANTI, P.G.<br />
Personally appeared before me, Dan Centofanti, P.G., who after being duly sworn deposes<br />
and says on oath as follows:<br />
1. My name is Dan Centofanti, P.G.. I am over the age of 18 years of age and under no legal<br />
disability.<br />
2. I am a geologist licensed to practice in the state of Georgia and make this affidavit of my<br />
own personal knowledge. I am employed by Mill Creek Environmental Services, Inc..<br />
3. Attached hereto is a true and correct copy of Exhibit “A” (letter dated October 20, 2012,<br />
Subjec: File Review and Property Inspection Ivyshaw Subdivision Gainesville, Forsyth County,<br />
Georgia).<br />
4. Also attached is a true and correct copy of my invoice for the above work, Exhibit “B”.<br />
1 of 2
1<br />
2<br />
4. I understand that I am under subpoena to appear at <strong>trial</strong> of the matters captioned above.<br />
FURTHER AFFIANT SAITH NOT.<br />
3<br />
4<br />
5<br />
6<br />
___________________________<br />
Dan Centofanti, P.G.<br />
7<br />
8<br />
Sworn to and Subscribed before me,<br />
This ____________ day of ________________, 2013<br />
9<br />
10<br />
11<br />
12<br />
13<br />
14<br />
15<br />
16<br />
17<br />
18<br />
19<br />
20<br />
21<br />
22<br />
23<br />
24<br />
25<br />
2 of 2
October 10, 2012<br />
Mr. Ron Mayhew<br />
9140 Ivyshaw Landing<br />
Gainesville, GA 30506<br />
Subject:<br />
File Review and Property Inspection<br />
Ivyshaw Subdivision<br />
Gainesville, Forsyth County, Georgia<br />
Dear Mr. Mayhew:<br />
Mill Creek Environmental Services, Inc. (MCES) is pleased to provide the results of our file<br />
review and property inspection Ivyshaw Subdivision.<br />
Purpose and Scope of Work<br />
The purpose of our work was to evaluate Ivyshaw Subdivision septic systems and give our<br />
opinion on the adequacy of the existing systems and the source of fecal coliform detected in the<br />
stream located west of Ivyshaw Drive. The scope of work for this project included the following<br />
tasks:<br />
Review files provided and evaluate septic system designs, construction documents,<br />
permit approvals, and adequacy of the systems to support the existing and proposed<br />
homes.<br />
Conduct a site inspection to investigate the potential source of fecal coliform detected<br />
in the stream located west of Ivyshaw Drive.<br />
Provide our observations, evaluation, and opinion on the above items in this letter<br />
report.<br />
All work for this project was conducted by a Georgia Registered Professional Geologist.<br />
Observations<br />
Based on our review of the files provided and our site inspections, MCES has made the<br />
following observations:<br />
Septic drain fields for the <strong>com</strong>munity systems are located within spring setbacks and<br />
in soils classified as unsuitable. These <strong>com</strong>munity systems were designed for 4<br />
1818 Perimeter Road Dawsonville, Georgia 30534<br />
706-579-1607 Phone 706-265-4916 Fax www.millcreekenvironmental.<strong>com</strong>
Mr. Ron Mayhew<br />
October 10, 2012<br />
Page 2 of 3<br />
bedroom homes, and based on our observations, it is probable that many of the homes<br />
connected to this system are larger than 4 bedrooms.<br />
Septic system design and permitting documents do not include many of the details<br />
required (equipment and pump specifications, piping layout and specifications, drain<br />
field details and specifications, system maintenance requirements, etc.) for large septic<br />
system designs. Subdivision design documents do not appear to be in <strong>com</strong>pliance with<br />
applicable regulations (Forsyth County UDC, May 22, 2000), good engineering<br />
practice, or standard industry procedures.<br />
A bored well was observed on Lot #17 that was not located on the proposed plan or<br />
permit documents. The septic drain field reserve area appears to be located within the<br />
required 100-foot setback area from this well. Added features on this lot appear to<br />
encroach (fence, porch, landscaping trees) onto the septic drain fields. Installation of<br />
these features may have caused penetration of the chamber structure, potentially<br />
causing the system piping to drain, and therefore overloading soils in any areas that may<br />
be <strong>com</strong>promised.<br />
Water quality results from KW Soils, Inc. indicate that very high levels of fecal<br />
coliform bacteria were detected in the stream located west of Ivyshaw Drive.<br />
Iron bacteria was observed in water seeping from the eastern bank of the stream<br />
below Lot #17 and from a fracture in the bedrock at the spring head. Cloudy water was<br />
observed in a pool below Lot #18. Iron bacteria blooms are typically caused by<br />
contamination sources. This observation may indicate failure of the septic systems on<br />
Lot #17, Lot #18, and the <strong>com</strong>munity septic system located upgradient of Lot #18.<br />
Suitable soil areas on each of the systems installed are relatively small, with very<br />
little to no area remaining for any safety factor. Installation of replacement drain fields<br />
would likely be difficult and impractical.<br />
The observations above were made based on our review of files provided and our site inspection<br />
on October 8, 2012.<br />
Conclusions<br />
Based on the information obtained, it is our opinion that the septic systems in the Ivyshaw<br />
Subdivision are deficient in their design and construction and are currently failing. The failing<br />
systems are causing significant and ongoing impacts to the stream and to Lake Lanier. The very<br />
high levels of fecal coliform contamination detected in the stream are well above the allowable<br />
limits for recreational use and pose a significant risk to anyone <strong>com</strong>ing in contact with Lake<br />
Lanier water in areas near the stream discharge point.<br />
P:\Ron Mayhew\Septic Opinion Letter 10-10-12.doc
Mr. Ron Mayhew<br />
October 10, 2012<br />
Page 3 of 3<br />
Re<strong>com</strong>mendations<br />
MCES re<strong>com</strong>mends the following actions for the Ivyshaw Subdivision:<br />
Conduct a detailed engineering review of the subdivision plans to include an<br />
evaluation of the plan deficiencies in relation to applicable regulations.<br />
Conduct additional water quality sampling at to further characterize the fecal<br />
coliform contamination detected in the stream.<br />
MCES has provided a cost estimate to assist with re<strong>com</strong>mendations under a separate cover.<br />
We appreciate the opportunity to be of service. Should you have <strong>com</strong>ments or questions about<br />
this letter or our work on this project, please contact us at (706) 579-1607.<br />
Sincerely,<br />
Mill Creek Environmental Services, Inc.<br />
Dan Centofanti, P.G.<br />
Project Manager<br />
Jake Irwin<br />
Project Scientist<br />
P:\Ron Mayhew\Septic Opinion Letter 10-10-12.doc
Mill Creek Environmental Services, Inc<br />
1818 Perimeter Road<br />
Dawsonville, GA 30534<br />
Voice: 706-579-1607<br />
Fax: 706-265-4916<br />
www.millcreekenvironmental.<strong>com</strong><br />
<br />
Invoice Number: 4586<br />
Invoice Date: October 10, 2012<br />
Page:<br />
1<br />
Client:<br />
Ro n Mayhew<br />
9140 Ivyshaw Landing<br />
Gainesville, GA 30506<br />
Project:<br />
Ivyshaw Subdivision<br />
File Review and Site Insp.<br />
Gainesville, GA 30506<br />
Attention:<br />
Mr. Ron Mayhew<br />
Project Number Customer PO Payment Terms<br />
RM-1201-1<br />
Project Manager<br />
Centofanti, Dan<br />
E-Mail Auth.<br />
Billing Period<br />
Task Completion<br />
Net 30 Days<br />
Due Date<br />
November 9, 2012<br />
Quantity Line Item ID De scription Unit Price Amount<br />
16.00 Da n Centofanti, PG File review, regulation review, site inspection, report preparation, 98.00 1,568.00<br />
meetings, correspondance, etc.<br />
4.00 Da n Centofanti, PG Credit for estimate overage. 98.00 -392.00<br />
Total Invoice Amount<br />
Payment/Credit Applied<br />
TOTAL<br />
1,176.00<br />
1,176.00<br />
THANK YOU! WE APPRECIATE YOUR BUSINESS!<br />
Overdue invoices are subject to finance charges.