COASTLAND CONTINUES TO BLOCK STORMWATER SOLUTIONS email to owners 8.6.18

By now you are aware of the unusual weather event we have confronted here in Corolla. We experienced significant flooding throughout the Ocean Sands community.  It was caused by 14 inches of rain from late Saturday, July 21 to Wednesday, August 1. Yes, 11 days of rain, which inundated the community, saturated the sand, overflowed the lake, and overwhelmed the Waste Treatment Plant. 

We can’t and won’t blame Coastland Corporation for the rain. However, Coastland is directly responsible for continuing to block progress on a permanent flood mitigation system for the whole community after ignoring this serious issue for 40 years. Here are some examples of Coastland’s failures contributing to our on-going flooding problems:

FAILED TO MAINTAIN DITCHES, SWALES AND CULVERTS:  It is Coastland’s responsibility, being in control of the Ocean Sands Property Owners Association (OSPOA), to determine what maintenance work is to be done and when. Coastland chose not to maintain the drainage ditches, swales, and culverts in Ocean Sands.

  • Coastland appears not to have complied with the requirements of the state-issued stormwater permit for Section O, Ocean Lakes.  This may have contributed to the inundation of the sewer plant with floodwater that resulted in raw sewage backing up into several homes in Sections K & P, as well as sewage coming out of the manhole covers in multiple areas.  
  • It took county contractors two hours to clear the culvert under Ocean Lake Trail (near Pampas Court) in order to run hoses to the ocean. That effort delayed pumping from the HIJO Lake by several hours.
  • Coastland did not maintain the culverts under Driftwood, Mariner and Sea Mist in the northern section of Ocean Sands. This contributes to the standing water still on the streets and the swales not flowing. 
  • Coastland nixed a plan developed by Coastal Engineering a number of years ago to relieve flooding on Sea Oats Court and under the multifamily units in Section F because it did not want to allow discharge in the open space.
  • The lack of maintenance of the swales, ditches and culverts have resulted in damage to our roads. Stormwater sitting on the roads has caused an increase in potholes and sinkholes.  Many road intersections are crumbling due to flood waters eroding the sand and gravel supporting them. Stormwater also seeps into the many cracks in the roads.
  • The major flooding events over the last several years have advanced the “day of reckoning” for road replacement. The OSPOA currently has minimal dollars in the Capital Replacement Fund to pay for this project.

FAULTY COMMUNICATIONS: Coastland had Signature Touch send several update emails that made it appear Coastland saved the day by pumping.  In fact, neither Coastland nor Signature Touch had anything to do with it.  Emergency Pumping to the ocean is solely the responsibility of the “Stormwater” Service District Advisory Board working with Currituck County.  The only thing Coastland did was sign an agreement allowing access for emergency pumping across the open space this one timeCoastland rejected the “hold harmless agreement” presented by the County (drafted by a leading local business law firm), and instead, sent back an agreement it signed, in which it inserted onerous additional requirements. We are at a loss to know how there could be a material loss to Coastland from running hose down streets and over open space. 

FAILED TO TRANSFER OPEN SPACES TO OSPOA: Coastland deeded the open space in Crown Point to the Crown Point POA years ago. This has not been done for Ocean Sands! It is unheard of anywhere in the country for a HOA or POA to not have control over its own open space and private roads.  There is no valid benefit to Coastland other than being able to exert leverage on other community or county initiatives.  OSPOA, with your dues money, pays for the maintenance of open space and roads even though Coastland continues to own them.  
FAILURE TO ADVANCE A PERMANENT SOLUTION FOR FLOODING PROBLEMS: You may recall how, last year, Coastland refused to allow access to open space to place test wells and piezometers on the open space and undeveloped areas that were needed to get the hydrology data crucial to the design of a system.  The Advisory Board worked around this by finding owner volunteers who allowed placement in their yards.  Coastland has sued the County over formation of the Stormwater Service District and has kept the suit pending even though a court has already ruled against Coastland on the key issue – finding that formation of the service district was valid. Conceptual design of a permanent solution, involving wells, pump stations and piping throughout the community with an outlet to the Sound, has been completed.  Further progress is blocked until Coastland drops its specious lawsuit and allows access to open space, rights-of-way and under roads. This solution is beneficial to Coastland’s undeveloped properties, so it is hoped that they will get on board soon. Emergency Pumping is not the long term solution for these intense rain events.

Not only is there the property damage to homes, and the economic losses associated with refunded and cancelled vacation renters, but standing water is full of nasty bacteria and causes the mosquito population to soar.  It breaks our hearts to watch people march their young kids through a foot of polluted water on their way to the beach.

You may research and learn all the details of flooding in the Short History of Stormwater email recently sent out by the Stormwater Advisory Board. It also is posted on our owner website here: A Short History of Flooding In Ocean Sands and Crown Point

It’s high time that Coastland’s control of OSPOA ends.  Continued Coastland control will only bring more negative consequences to owners, as it has for the last 40+ years.

The Governance Committee

Rick, Al, Dennis, Jeanne, Greg, Chris, Jim, Robert

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Home Owners Of Ocean Sands Governance Committee
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Update on Stormwater Plan

POSTED ON COROLLA STORMWATER FACEBOOK 1/2/17

The engineers we’ve hired to work on our stormwater plan have come up with locations for the test wells and other data gathering instruments that they need to proceed. The County sent a letter to Coastland & the advisory board on December 13, 2016 asking for approval of the plan and locations & permission to proceed since some of the test areas were on common area controlled by Coastland or on Coastland/Johnson-owned property.

The first reply was from their attorney/VP on December 21st informing us that Mr. Johnson had had surgery & was medicated so was unable to reply. After a second email from the county on December 21st, this was the reply:

Coastland Corporation
P.O. Box 1717
Virginia Beach, VA 23451
Telephone 757-422-9111
info@coastlandcorp.com

December 30, 2016

Eric Weatherly, County Engineer
County of Currituck
153 Courthouse Road, Suite 302
Currituck, NC 27929

Re: Stormwater District

Eric:
James Johnson is still out of the office recovering from his surgery; however, Coastland has expressed these concerns about the stormwater district.

The County has included Sections G, R, X, Y and U in the stormwater district. All of these are undeveloped properties with the limited exception of Section R which has a single structure.

What useful purpose to James Johnson and Coastland will this serve by having these properties in the district at this time? Please explain this fully.

What benefit will these properties derive from paying the additional taxes and being in the district at this time as opposed to later when they are developed? Please explain this fully.

Does the County intend to use these properties or any property owned by James Johnson or Coastland for the benefit of the County or other properties and if so, how so?

Are any improvements contemplated now on these sections that will benefit these sections when they are developed? Why could not these improvements be deferred and additional taxes be deferred until the properties are developed? How does it benefit James Johnson and Coastland to pay additional taxes now?

If the County plans on using any of James Johnson’s or Coastland’s property, a permit or easement will have to be granted by James Johnson and/or Coastland before the County gets on the property.

To the extent Coastland provides open space for stormwater facility use in the developed sections and/or as – yet undesignated space in the undeveloped sections, if such use subsequently interferes with Coastland’s future intended use of such space, in Coastland’s sole and exclusive opinion, the District shall remove, at its expense, and relocate, at its expense, such facilities.

The new Commissioners should be aware that the County has previously used James Johnson’s and/or Coastland’s property without permission or permit. We will not tolerate this to continue.

Any investigation needed to make sure that James Johnson and/or Coastland is fully protected should not be a James Johnson and/or Coastland expense.

It appears that you want my land, my tax money but get nothing out of this. Please reply to these concerns at your earlies convenience.
Thank you.

Coastland Corporation

cc: Dan Scanlon, County Manager
Currituck County Board of Commissioners
Ocean Sands North and Crown Point Stormwater Advisory Board