NCG550766_Correspondence_19951101

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State of North Carolina ' •Department of Environment,
Health and Natural Resources j • A
Division of Environmental Management
James B. Hunt,Jr., Governor p E H N
Jonathan B. Howes, Secretary
Nann B. Guthrie, Regional Manager
Asheville Regional Office
November 1, 1995
•
MEMORANDUM
•
TO: Harlan Britt
Deputy Director of DEM
FROM: Roy M. Davis
Regional Supervisor
SUBJECT: Threat of Legal Action
By George Derwort
Polk County
On October 30 , 1995 , Ms . Wanda Frazier of the Water Quality
Section in this Regional Office received a voice mail
message from a Ms . Baiba Bourbeau. Ms . Bourbeau practices
law in South Carolina and represents Mr. george Derwort who
owns property in Polk County, North Carolina . Ms . Bourbeau
threatened . to "file actions" against the Polk County
Commissioners , the Polk County Health Department, Stuart
Black, Fred Matthews, Debra Shepard and Wanda Frazier for a
supposed "conspiracy" directed against her client .
Our only contact with George Derwort relates to his division
of a piece of property in Polk County. One parcel of this
property was purchased by a Mr. J. Ronald . Padgett . Mr.
Padgett' s parcel, as well of most of the other parcels ,. was
found to be unsuitable for construction of a ground
absorption sewerage system by the Polk County Health
Department . Mr. Padgett then made application for a permit
to construct a discharging sewerage system to serve his
proposed home . The Regional Office' s recommendation was
Interchange Building,59 Woodfin Place,Asheville,N.C.28801 Telephone [phone] FAX [phone]
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Harlan Britt
Memorandum
November 1, 1995
Page Two
that the developer (Mr. George Derwf ort) should submit an
alternatives analysis and explore alternative including a
community system rather than face us with five (5)
indivdual discharging systems .
We will return Ms . Bourbeau' s call to find out what is going
on.
xc : Polk County Commissioners
Polk County Health Department ,
Stuart Black
Steve Tedder
Dave Goodrich
Nann Guthrie
Forrest Westall
Wanda Frazier

Notes to the file:
October 30, 1995
Wanda P. Frazier
On October 30, 1995, I retrieved a telephone message on my
voice mail from an attorney in the Landrum, S.C. area regarding a
possible lawsuit by George Derwort of River' s Rest in Melrose,
Polk County. The attorney stated that she was reviewing the file
and that it appeared that there was a conspiracy involving the
Polk County Commissioners, the Health Department, Stuart Black,
Fred Matthews, Debra Shepard, and possibly myself . She left her
phone and fax numbers : (803) 457-3175 and (803) 457-2414 in the
event that I wanted to talk to her about this .
History: On July 20, 1995, I met with George Derwort and
performed a site inspection for a single family residence Notice
of Intent application filed by J. Ronald Padgett of Lutz,
Florida. Our recommendation was to deny the request, due to
non-submittal of the alternative analysis .
After the ARO' s recommendation was submitted to Raleigh, I
talked with Susan Robson and Dave Goodrich regarding the property
and our recommendation. They were to make a final decision on
this matter.
After receiving the above phone message today, I talked
twice with Sueanna Sumpter from the Attorney General' s office and
Roy Davis .
I talked again with Dave Goodrich today. He assigned this
project to Susan. She was to contact Stuart Black regarding
suitable soils and a possible sub-surface system. If possible,
Karl Shaffer will work with him to design a suitable (trench)
system or we will issue a Single Family Residence NPDES permit
for this lot (#9) . This will undoubtedly come up again as other
property owners file a notice of intent application for a SFR
permit .
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