20110074 Ver 1_Complete File_20110815

Strickland, Bev
From: Robbins, Della
Sent: Monday, August 15, 20112:08 PM
To: Strickland, Bev
Subject: scan of Bell Property file
Attachments: D00081511.tif
Della Robbins
NCDENR - Administration
943 Washington Square Mall
Washington, NC 27889
ph # 252-946-6481
E-mail correspondence to and from this address may be subject to the North Carolina Public
Records Law and may be disclosed to third parties.
Strickland, Bev
From: Adams, Amy
Sent: Monday, August 15, 2011 11:50 AM
To: Strickland, Bev
Cc: Menard, Brenda; Robbins, Della
Subject: RE: William Bell DWQ# 11-0074
Hey guys. WaRO is working on scanning everything in that is not included in the Central Files. Will email you both those
scans as soon as it is complete. ETA by 5:00 pm.
Thanks,
Amy Adams
Environmental Senior Specialist
401/Wetlands Unit
NC Division of Water Quality
Surface Water Protection
Washington Regional Office
www.ncwaterguality.org
252.946.6481
`"E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties "
From: Strickland, Bev
Sent: Monday, August 15, 2011 11:14 AM
To, bmenard(cbncdoj.gov
Cc: Adams, Amy; Chapman, Amy
Subject: William Bell DWQ# 11-0074
Ms. Menard,
I have attached pdf's of all the information the central office has on file for this project. Since this project was
set up in the Washington Regional Office, you will need to contact Ms. Amy Adams at 252-946-6481 to see if
there are any correspondence missing from the file.
Thanks
Bev Strickland
Beverly Strickland, Administrative t K icer
Division of Water Quality - Program Development
N.C. Department of I?nvironment and Natural Resources
Mail Service Center 1650, Raleigh, NC 27699-1650
Phone:[phone]
1?mail Address: l3ey.Stricklan&;rrllcdenr.2o\
Main Line tl [phone]
Pax Line h [phone]
E-mail correspondence to and from this address mu} be subject to the North Carolina Public Records Law and may be disclosed to third parlies-

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BK1140PG369
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PREPARED BY,
RODMAN, HOLSCHER, FRANCISCO
& PECK, P. A., Attorneys at Law
320 N. Market Street, P. O. Box 1147
Washington NC 27889
Telephone: [phone] -
STATE OF NORTH CAROLINA
COUNTY OF BEAUFORT
THIS DEED, made and entered into this the ilP? day of June,
1999, by TILLIE MAYO (formerly TILLIE MAYO TODARO), unmarried,
Grantor, to WILLIAM M. BELL, JR., unmarried and ELISE D. BELL,
unmarried, of 216 Fort Shores Drive, Chocowinity NC 27617,
Grantees;
W I T N E S S E T H:
That the Grantor, in consideration of the sum of Ten and
no/100 Dollars ($10.00) and other good and valuable considera-
2 x tions to her paid by the Grantees, the receipt whereof is
m?
(5l w (D acknowledged, has given, granted, bargained, sold and does hereby
Co 0
o ?(y convey unto the said Grantees: WILLIAM M. BELL, JR., his heirs,
rl
successors and assigns, a one-half (i4) undivided interest; and
rELISE D. BELL, her heirs, successors and assigns, a one-half 1%)
i
undivided interest, in and to that certain tract or parcel of land
f '
} .= lying and being in Chocowinity Township, County of Beaufort, State
p "Qoff-.North Carolina, more particularly described as follows: -'
F ? Z v
? N
a IT BEING all of Lot No. Fifty Three (53) as shown on a subdivision map of Old
Fort River Shore Development, recorded in the Register of Deeds office of Beaufort
County, North Carolina, in Map Book 15, Page 39, and being the same property
Ron:.1.,N. tqL-a BU::R. conveyed to Thomas J. Todaro and wife, Tillie M. Todaro (now Tillie Mayo) by
FR"""'`° ` "" Deed dated June 22, 1984 and recorded in Book 837, Page 168, Beaufort County
Registry. See also Deed to Tillie Mayo Todaro, said Deed being recorded in Book
860, Page 321, Beaufort County Registry. Reference is made to said Deeds and
1]v 9:(.'"11 .^.?
F,x ,,?, map and the same are incorporated herein for a more complete and adequate
BEAUFORT COUNTY LAfi O RECORDdescription.
LR - FORM001 #'
ACCEPTED
eQ. 2_ 0/Y 1W FEB 1 u °a
Land Records Official Date
j BK1190PG371
?j
IN WITNESS WHEREOF, the Grantor has hereunto set her hand and
adopted as her seal the typewritten word "Seale appearing beside
her name, this the day and year first above written.
4
,I
TILLI?OYO (Seal)
STATE OF NORTH CAROLINA
COUNTY OF BEAUFORT
Before me, the undersigned Notary Public in and for the State
and County aforesaid, this day personally appeared TILLIE MAYO,
unmarried, and acknowledged the due execution by her of the
foregoing instrument for the purposes therein expressed.
WITNESS my hand and Notarial Seal, this the ??-day of June,
1999.
NOTARY PUBLIC
My Commission expires: I/- ay-6,001

Fh e f?/Se
RO D:dA N HO
, HO LSCHEH,
RANCIECU a PECK, P.A.
ATTORNLYV AT LAW
P. O. 00\ I]9>
WASHINGTON, NC
Izen u.?e.Glzz
FAX M]5 ) Du7.]125
North Carolina
Beaufort County
The fp egoing Certificate of
Notary Public/Notarie Public is/are certified to be rrect
This Z{? day of p` II!P
??,"y?-,?.? o'cloc
D. Jennifer Lea.Rett ByDm?i2&e1A
r- Register of Deeds AS-h`Den?itp RP.gi?tn n
r f Dews.
Deeds: udi 1-2 to ea, 891 to mul/tt 6-9-99
Environmental Health Section
2 211625 Beaufort County Health Department
220 N. Market St.
Washington, North Carolina 27889
[phone]
OPERATION PERMIT
This permit guarantees only materials used and method of installation and that it
Owner:
Address _
State Road I
Septic Tank
_ Type Structure:
- Pump Tank I.D
10-DIGIT PIN
System Type: Specific System Installed
Additional for all systems: Landscape system area for surface water runoff and grass.
Do not place drive or any building over the system area or repair area.
Authorized State Agent:
I7 New Construction
? Repair
? Flow Addition
meets all state regulations for new constructions.
z
INSTALLATION DIAGRAM
White Owner/Contractor Yellow - Health Department Pink Building Inspections
- ------- -- '------------------
!ATM T06 NSTRUCT Environmental Health Section . + ? New Construction
Beaufort County Health Department O Repair
• 200 220 N.. Market St. ? Flow Addition
-; - Washington, North Carolina 27889
I? • I I ! 7 [phone] / Fax [phone] ' N o1 S l
NowAwhok" to sae•
wMgicochwNhlormaschip IMPROVEMENTS PERMIT. CANAL
*Improvements permit is valid for five
Owner: W T L(,I A M IS C LL Phone: `I (I - 34 C ?
Address:. 102- s4rl -S ?JZ ('46row wr2l r NC Z q5( a
Subdivision: ra A Lot Number: ti (A
State Road Number. II- Directions I S't L. f-vtfZU-(44S t35/FC.ef M
't' L F-. IF! S t4 ,i 41` 10-DIGIT PIN S G -I _ ! f 7 v
Property Size: Type Structure: StF
'Design Flow: 4 o No. Bedrooms z No. People: c AA)(
`(
Water Supply: ® Public ? Private (Maintain minimum T p feet separation
le ?A (2 from any part of septic system and repair area.)
Classification: °0-Suitable' ? Provisionally Suitable ? PS with fill
Additional Drainage: l_IlUbS(AR SVSTIM 4QCl TLI S40') S?Jr4tL tdri5?1_
Seasonal Wetness Condition: Soil Type IT System Type -'D--
Septic Tank: N E. w 1060 gal Pump Tank: '(4 gal.
Pump Required OYes M No 0 May be required based upon final location & elevation of facilities
Nitrification Field: ..b o square feet trench bottom
Trench Depth: 1) Fill Depth: G, ' P s o t c d? 2
Comments: 5p"i tooc,,.l 7q Nle 4 1'SI'I-c.t 2 C. l s,t'S
/, a u( A, 124,,A-At I,(,1,(( 7'P sA(z(c S r.n ()rPA 2
It Cr CU'I Iio714 A!\A !_"
of issue.
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!A S Pla
The issuance of this permit by the Health Dept. in no way guarantees the issuance of other permits. The permit holder is responsible for checking with appropriate
governing bodies in meeting their requirements. This permit is subject to revocation if the site plan, plat, or the intended use changes, or site alterations occur. The Improve-
ment Permit shall not be affected by a change in ownership of the site. This permit is subject to compliance with the provisions of the Laws and Rules for Sewage Treatment and
Disposal and to conditions of this permit.
Additional for all systems: Landscape system area for surface water runoff and grass. Do not place drive or any building over the system area or repair area. Observe all proper
setbacks (15A NCAC 18A.1950). Do not work soil o install system i wet conditions. This permit must be on site during installation and inspection.
Authorized State Agent:
Yellow - Health Department Pink Building Inspections
Phone:
Lot Number:
Date: S-
THE PRINTERS - Ingalls a associates 252-975.2055
12/06/2010
To whom this may concern,
I am writing on behalf of my patient, William Bell, to require the necessity of hydro-therapy for
the treatment of arthritis in his knees, hypertension, and depression. This letter documents the
medical necessity for this therapy.
William Bell is a 51 year old male with a diagnosis of arthritis in his knees, hypertension,
hypercholesterolemia, depression, and sleep apnea. I have treated Mr. Bell since 1998.
Mr. Bell is currently using his personal pool for additional treatment for arthritis in his knees,
hypertension, and depression. Mr. Bell is overweight consequently `land' exercises aggravate his
knee pain. Therefore, he is required to avoid high-impact exercises and replace it with more low-
impact exercises such as swimming. Mr. Bell uses swimming as his therapy for the arthritis in
his knees due to pain that he endures during `land' exercises. Mr. Bell has minimized or non-
existence of pain while exercising in his pool. He also has no complaints of his knee joints
swelling after exercising in his pool. Swimming is an excellent no-impact exercise. Regular'land'
exercises can also be done underwater. The buoyancy of the water supports most of his body's
weight while the resistance of the water makes his muscles work harder -to perform movements.
Water exercise is an excellent way for those with arthritis to build up strength, ease stiff joints
and relax sore muscles. It is a necessity for Mr. Bell's health to continue his hydro-therapy.
Mr. Bell also uses swimming to help treat his diagnosis of hypertension. Water aerobics provides
a low-impact cardiovascular workout that uses all muscles in the body, making it an ideal routine
for weight loss and fitness. When swimming he is engaging nearly every muscle in his body.
This calls for a regular supply of oxygen, hence Aerobic Exercise. Swimming exercise improves
his body's use of oxygen without overworking his heart. Water is denser than air; therefore it
provides a cooling effect to regulate overexertion and overheating. Swimming improves
cardiovascular conditioning by lowering both systolic and diastolic blood pressure significantly
and it will stay down if his hydro-therapy is continued.
Mr. Bell also uses swimming as time to lessen his anxiety and depression. Exercise has shown itself
to be even more potent than a drug therapy. Exercise affects neurotransmitters such as serotonin
that influence mood and produces ANP, a stress-reducing hormone, which helps control the
brain's response to stress and anxiety. Swimming serves to offer excess fight-or-flight stress
hormones, converting free-floating angst into muscle relaxation. It can even promote so-called
"hippocampal neurogenesis" - the growth of new brain cells in a part of the brain that atrophies
under chronic stress. Mr. Bell uses swimming as his only source of exercise and also swims to
reduce his stress level. Mr. Bell mediates as he swims. He refers to this as "clearing his mind".
He would be unable to continue his mediation to reduce his depression if he had to attend a
public pool year round. During the winter months, he is forced to use a public pool, but it is not
as effective.
I recommended and now I am requiring for William Bell to continue his hydro-therapy in his
personal pool. If you have any questions, feel free to contact me at Pamlico Internal Medicine
(252-946-2101) to discuss.
Sincerely,
(; ?1) I
/ ?4AV? 1
Richard Young, M
Pamlico Internal Medicine,
Washington NC
?1
State of North Carolina'
Department of Environment and Natural Resources
Division of Water Quality 1AN 4 4 ZOI I
"General" Major Variance Application Form -
From the Neuse and Tar-Pamlico Riparian Buffer Protection Rules for residential structures
on existing lots within the coastal counties as defined by the Coastal Area Management Act
(As approved by the Water Quality Committee of the Environmental Management Commission on 5/9/2001)

Please identify which Riparian Area Protection Rule applies.
? Neuse River Basin: Nutrient Sensitive Waters Management Strategy
Protection and Maintenance of Riparian Areas Rule (15A NCAC .0233)
Tar-Pamlico River Basin: Nutrient Sensitive Waters Management
Strategy Protection and Maintenance of Riparian Areas Rule (15A
NCAC.0259)
NOTE:
To constitute a complete application, all of the information requested in this form
must be provided. Incomplete applications will be returned to the applicant The
original and two copies of the completed "General" Variance Application Form and
any attachments must be sent to the DWQ 4o1/Wetiands Certification unit, 1650 Mail
Service Center, Raleigh, NC 27699-1650, 919-733-1786 to constitute a complete
submittal. This form may be photocopied for use as an original.
Part 1: General Information
(Please include attachments if the room provided is insufficient)
1. Applicants name (the corporation, individual, etc. who owns the property):
2.
3.
Telephone:
Fax: L_)
Email:
Print Owner/Signing Official (person legally responsible for the property and its compliance)
Name: LA') I l a p A. 13e-Ll_
Title:
Street address:
City, State, Zip:
Telephone:
Fax:
Contact person who can answer questions about the proposed project
Name:
"General" Variance Application Form
Version 1: May 2001
L15 Rq'K -1 Li -I' x 10 6, 6] X I L) ` 0-1
3. Description of any best management practices to be used to control impacts associated with
the proposed activity (i.e., control of runoff from impervious surfaces to provide diffuse flow,
re-planting vegetation or enhancement of existing vegetation, etc.):
v1 ant
4. Please provide an explanation of the following:
(1) The practical difficulties or hardships that would result from the strict application of this
Rule.
1/7
(2) How these difficulties or hardships result from conditions that are unique to the property
involved.
If economic hardship is the major consideration, then include a specific explanation of the
nomic hardships and the proportion of the hardship to the entire value of the project.
0--1_ 4t< 1IQn (2,,l_,.,n4-P,'C."I44pr +%n?i <ifrF.---.?M-O QA -00
N?A
Part 3: Deed Restrictions
By your signature in Part 5 of this application, you certify that all structural stormwater best
management practices required by this variance shall be located in recorded stormwater
easements, that the easements will run with the land, that the easements cannot be changed or
deleted without concurrence from the State, and that the easements will be recorded prio to the
sale of any lot. t\ctdi i-to.% a.l -4-o 4%e S`k'ate-meil-'; $ Wo4td ttt-eI V,c-luddeA-t-,Q'I'
"tf 4-t%e_ Proper}-J o F Wi lliaw, 3etl 15 501d '?-e +Cmpo "15tvucture wi It 102 t',emose
Part 4: Agent Authorization '; rt° ~ A° `y5a4?- 0.? '44.e Xa+.
If you wish to designate submittal authority to another individual or firm so that they may provide
information on your behalf, please complete this section:
Designated agent (individual or firm):
Mailing address:
City, State, Zip:
Telephone:
"General" Variance Application Form, page 3
Version 1: May 2001
4. Project Name (Subdivision, facility, or establishment name -consistent with project name on
plans, specifications, letters, operation and maintenance agreements, etc.):
N?
5. Project Location:
Street address:
City, State, Zip:
County.,
Latitudellongitude:
6. Directions to site from nearest major intersection (Also, attach an 8'/2 x 11 copy of the portion
of the USGS topographic map indicating the location of the site):
7. Stream to be impacted by the proposed activity:
Stream name (for unnamed streams label as "UT" to the nearest named stream):
Stream classification [as identified with
.0315 (Neuse) or.0316 (Tar-Pamlico)]:
15A NCAC 2B
8. Which of the following permits/approvals will be required or have been received already for
this project?
Required: Received: Date received:
Permit Type:
CAMA Major
CAMA Minor
401 Cerification/404 Permit
On-site Wastewater Permit
N IN
Active Connection to Sanitary Sewer System
NPDES Permit (including stormwater)
Non-discharge Permit
Water Supply Watershed Variance
Others (specify)
Part 2: Proposed Activity
(Please include attachments if the room provided is insufficient)
Description of proposed activity [Also, please attach a map of sufficient detail (such as a plat
map or site plan) to accurately delineate the boundaries of the land to be utilized in carrying
out the activity, the location and dimension of any disturbance in the riparian buffers
associated with the activity, and the extent of riparian buffers on the land. Include the area
of buffer impact in fe.:
CIA
2. State reasons why this plan for the proposed activity cannot be practically accomplished,
reduced or reconfigured to better minimize or eliminate disturbance to the riparian buffers:
"General" Variance Application Form, page 2
Version 1: May 2001
Fax:
Email:
Part 5: Applicant's Certification
1, u j1 \\X C km rg: - (print or type name of person
listed in Part I, Item 2), certify that the information included on this permit application form is
correct, that the project will be constructed in conformance with the approved plans and that the
deed restrictions in accordance with Part 5 of this form will be recorded with all required permit
conditions.
Signature:
Date:
Title:
NC Division of Water Quality (DWQ)
401 Wetlands Certification Unit
2321 Crabtree Blvd. (LOCATION) -
1650 Mail Service Center (MAILING ADDRESS)
Raleigh, NC 27699-1650
[phone] (phone)
http://h2o.enr.state.nc.us/ncwetlands/
RALEIGH REGULATORY FIELD OFFICE
US Army Corps of Engineers
6508 Falls of the Neuse Road, Suite 120
Raleigh, North Carolina 27615
General Number: [phone]
http://www.saw.usace.army.mil/wetlandsffegtour.htm
WASHINGTON REGULATORY FIELD OFFICE
US Army Corps of Engineers
Post Office Box 1000
Washington, North Carolina 27889-1000
General Number: [phone]
http://www.saw.usace.army-mil/wetlands/regtour.htm
Washington District Office
Division of Coastal Management
943 Washington Square Mall
Washington, NC 27889
phone: [phone]
Morehead City District Office
Division of Coastal Management
151-B Highway 24
Morehead City, NC 28557
phone: [phone]
"General" Variance Application Form, page 4
Version 1: May 2001
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F9 Dee Freeman, Secretary
GQ North Carolina Department of Environment and Natural Resources
r Coleen H. Sullins, Director
Chuck Wakild, P.E., Deputy Director
October 4, 2010
"t
CERTIFIED MAIL #7010 0290 0001 5628 6546
RETURN RECEIPT REQUESTED
Mr. William Bell, Jr.
216 Fort Shores Drive
Chocowinity, NC 27817
Subject: NOTICE OF VIOLATION
Tar-Pamlico Riparian Buffer Rules
Lot 53, Old Fort Shores
Beaufort County
Dear Mr. Bell:
On July 13, 2010, Chris Pullinger of the Washington Regional Office met with you on
your property at 216 Fort Shores Drive (off SR 1166, Whichard's Beach Road) to discuss
impacts within the Tar-Pamlico Riparian buffer. Your property is located on an unnamed
canal, which is an unnamed, navigable tributary to the Pamlico River, and is SUBJECT
to the Tar-Pamlico Riparian Buffer Rules. During the site visit, unauthorized impacts to
the riparian buffer were observed, including a temporary pool and parking area.
As a result of the site inspection, file review, and follow-up meeting with you, the
following violations, detailed below, are noted:
(1) Tar-Pamlico Riparian Buffer Rules - impervious surfaces within the buffer
Item I. Tar-Pamlico Riparian Buffer Rules
The placement of impervious surfaces, in the form of a temporary pool and concrete
parking area, represents violations of 15A NCAC 02B .0259 (4), which states that Zone 1
(first thirty feet landward of the bulkhead) and Zone 2 (next 20 feet landward) "shall
consist of a vegetated area that is undisturbed except for uses provided for in Item 6
(Table of Uses) of this Rule."
Requested Response
This Office requests that you respond to this letter in writing within 30 calendar days of
receipt of this Notice and should address the following items:
1. Based on discussions with the Division of Coastal Management, and you and your
North Carolina Division of Water Quality -IntemeC www.ncwaterauality ore
943 Washington Square Mall Phone: [phone] One
Washington, NC 27889 FAX [phone] NorthCay?rohna
An Equal Opportunity/Affirmative Action Employer -50°/Recycled110% Post Consumer Paper ?Qtu{Q[`b
Beaufort County
consultant, the impacted area must either be permanently restored to vegetated
conditions, or you may apply for an after-the-fact authorization to keep the
parking area impacts. A stormwater management plan that does not require
additional impact within the riparian buffer will need to be provided as part of any
request for an after-the-fact authorization. If you choose to remove the impacts
and restore the area, you have until the end of the calendar year 2010 (December
31, 2010) to permanently remove the temporary pool and parking area, and
stabilize the restored area with your, choice of vegetation.
Thank you for your attention to this matter. This office requires that the violations, as
detailed above, be abated immediately. Please be advised, these violations and any
future violations are subject to a civil penalty assessment of up to $25,000.00 per day
for each violation. Should you have any questions regarding these matters, please
contact either Chris Pullinger at [phone].
c- I._
Al H d
"'cc 'Y'
Regional Supervisor
Surface Water Protection Section
cc: John Hennessey - NPS Assistance and Compliance Oversight Unit
WaRO Files
DWQ Central Files
Amy Chapman-Riparian Buffer Program Central Office
DCM WaRO - Attn: Kim Hedrick
Hood Richardson, P.A., 110 West 2nd Street, Washington, NC 27889
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\OC? pG Dee Freeman, Secretary
North Carolina Department of Environment and Natural Resources
Coleen H. Sullins, Director
O Chuck Wakild, P.E., Deputy Director
October ?4,,,2010
CERTIFIED MAIL #7010 0290 0001 5628 ?? 653
RETURN RECEIPT REQUESTED
Mr. Eric Hamilton -
202 Fort Shores Drive
Chocowinity, NC 27817
Subject: NOTICE OF VIOLATION
Tar-Pamlico Riparian Buffer Rules
Lot 56, Old Fort Shores Road.
Beaufort County
Dear Mr. Hamilton:
On July 13, 2010, during a site visit to an adjacent property, Chris Pullinger of the
Washington Regional Office observed on one of your properties at the end of Fort Shores
Drive (off SR 1166, Whichard's Beach Road) impacts within the Tar-Pamlico Riparian
buffer. Your property is located on an unnamed canal, which is an unnamed, navigable
tributary to the Pamlico River, and is SUBJECT to the Tar-Pamlico Riparian Buffer
Rules. During the site visit, unauthorized impacts to the riparian buffer, in the form of a
temporary pool was observed.
As a result of the site inspection and file review, and a follow-up meeting with you, the
following violations, detailed below, are noted:
(1) Tar-Pamlico Riparian Buffer Rules - impervious surfaces within the buffer
Item I. Tar-Pamlico Riparian Buffer Rules
The placement of impervious surfaces, in the form of a temporary pool, represents
violations of 15A NCAC 02B .0259 (4), which states that Zone 1 (first thirty feet
landward of the bulkhead) and Zone 2 (next 20 feet landward) "shall consist of a
vegetated area that is undisturbed except for uses provided for in Item 6 (Table of Uses)
of this Rule."
Requested Response
This Office requests that you respond to this letter in writing within 30 calendar days of
receipt of this Notice and should address the following items:
North Carolina Division of Water Quality Inlemet: www.ncwmercualit org
943 Washington Square Mall Phone: [phone] One
Washington, NC 27889 FAX [phone] NorthCarohna
An Equal Opportunity/Affirmative Action Employer -50°%Recycled/10% Post Consumer Paper Aafi rallff
Beaufort County
The impacted area must be restored to vegetated conditions. By copy of this letter,
you have until the end of the calendar year 2010 (December 31, 2010) to permanently
remove the temporary pool, and stabilize, the restored area with your choice of
vegetation.
Thank you for your attention to this matter. This office requires that the violations, as
detailed above, be abated immediately. Please be advised, these violations and any
future violations are subject to a civil penalty assessment of up to $25,000.00 per day
for each violation. Should you have any questions regarding these matters, please
contact Chris Pullinger at [phone].
'ncereY,
Al o?dg??' ?"
Regional Supervisor
Surface Water Protection Section
cc: John Hennessey - NPS Assistance and Compliance Oversight Unit
WaRO Files
DWQ Central Files
Amy Chapman-Riparian Buffer Program Central Office
DCM WaRO - Attn: Kim Hedrick
NCDENR
North Carolina Department of Environment and
Division of Coastal Management
Beverly Eaves Perdue James H. Gregson
Governor Director
16 September 2010
Mr. William Bell, Jr.
216 Fort Shores Drive
Chocowinity, NC 27817
Dear Mr. Bell:
Natural Resources
Dee Freeman
Secretary
This letter references the 2 September 2010 deadline for compliance with the restoration agreement
signed by Ms. Bell on 10 August 2010 regarding your property located at 216 Fort Shores Drive (off SR 1166)
in Old Fort Shores Subdivision near the Town of Chocowinity adjacent a man-made canal off the Pamlico River
in Beaufort County, North Carolina. Notice of Violation No. 10-17B was issued to you on 2 August 2010 for
unauthorized development in the Coastal Shoreline Area of Environmental Concern and requested restoration.
Based upon my 13 September 2010 telephone conversation with your consultant, Mr. Hood
Richardson, his 13 September 2010 correspondence to me, and the circumstances surrounding this case, I will
extend the restoration deadline in order to allow you additional time to comply with the requested restoration.
The new restoration deadline will be 12 November 2010. Please note that this extension is for a 60 day time
period from the initial restoration deadline. The requested restoration must be performed to the satisfaction of
the Division of Coastal Management by the date indicated or provide an explanation for non-compliance and a
reasonable request for a time extension.
Thank you for your time and cooperation in resolving this matter. If you have any questions about this
or related matters, please call me at 252-948-3936.
Sincerely,
Kimberly Hedrick
Compliance and Enforcement Representative
Division of Coastal Management
Cc: M, Ted Tyndall, Assistant Director, DCM
Roy Brownlow, Compliance Coordinator, DCM
David Moye, District Manager, DCM
Kelly Spivey, Field Representative, DCM
David Lekson, U.S. Army Corps of Engineers, Washington Field Office
Al Hodge, Regional Supervisor, Division of Water Quality, Washington Regional Office
Hood Richardson, P.A., 110 West 2nd Street, Washington, NC 27889
943 Washington Square Mall, Washington, NC 27889
Phone: [phone] FAX: [phone] Internet: www.occoastalmanagement.net
An Equal Opportunity 1 Affirmative Action Employer
NorthCarolina
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Hood Richardson, PA
Engineers - Surveyors - Geologists
110 West Second Street
Washington, North Carolina 27889
[phone]
November 24, 2010
Ms. Kimberly Hedrick
Compliance and Enforcement Representative
Division of Coastal Management
943 Washington Square Mall
Washington, N. C. 27889
Mr. Al Hodge
Regional Supervisor
Surface Water Protection Section
Division of Water Quality
943 Washington Square Mall
Washington, N. C. 27889
RE: Mr. William Bell, Jr.
216 Fort Shores Drive
Chocowinity, NC. 27817
Lot 53, Old Fort Shores
Beaufort County
Gentlemen:
This letter and the accompanying map ore the proposed solution to the impervious situation at the above
described residence. The dwelling was constructed before either CAMA or DWQ regulations were enacted.
The concrete driveway was installed during 2010.
Mr. Bell proposes the 328 square feet of concrete poured in Zone 2 of the riparian buffer and the 529 square
feet of concrete inside the 75 foot CAMA AEC be allowed to remain in place under the following conditions:
A. A two by four inch treated wood blocking strip is to be installed along the edge of concrete that is
inside the 50 foot riparian buffer. This strip is to be attached by lag bolts on a two foot spacing. The
purpose is to divert water away from the riparian buffer and into a grassed depression (swale) that will
direct water away from the riparian buffer toward the street.
B. Mitigation is to be accomplished by installing a gutter along he drip edge of the roof inside the riparian
buffer that will collect roof water and divert it away from the riparian buffer toward the street.
Presently 380 square feet is inside the buffer and may remain there because of construction before the
law was enacted. Water from 496 feet of impervious surface inside the riparian and CAMA buffers
will be collected and diverted over grass toward the street.
C. A copy of a letter from Mr. Bell's doctor is attached. The letter addresses the medical need for the
pool.
Sit cere s,
o L. Richardson PE, PLS, PG
in
LT4
NC®ENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Beverly Eaves Perdue
Governor
Mr. William Bell, Jr.
216 Fort Shores Drive
Chocowinity, NC 27817
Dear Mr. Bell:
James H. Gregson
Director
10 November 2010
Dee Freeman
Secretary
f-,IOV 15?V- '
This letter references the 2 September 2010 deadline for compliance with the restoration agreement
signed by Ms. Bell on 10 August 2010 regarding your property located at 216 Fort Shores Drive (off SR 1166)
in Old Fort Shores Subdivision near the Town of Chocowinity adjacent a man-made canal off the Pamlico River
in Beaufort County, North Carolina. Notice of Violation No. 10-17B was issued to you on 2 August 2010 for
unauthorized development in the Coastal Shoreline Area of Environmental Concern and requested restoration.
Based upon my 9 November 2010 telephone conversation with your consultant, Mr. Hood Richardson,
his 9 November 2010 correspondence to me, and the circumstances surrounding this case, I will extend the
restoration deadline in order to allow you additional time to comply with the requested restoration. The new
restoration deadline will be 12 December 2010. Please note that this extension is for a 30 day time period from
the first restoration extension deadline of 12 November 2010. The requested restoration must be performed to
the satisfaction of the Division of Coastal Management by the date indicated or provide an explanation for non-
compliance and a reasonable request for a time extension.
Thank you for your time and cooperation in resolving this matter. If you have any questions about this
or related matters, please call me at 252-948-3936.
Sincerely,
Kimberly Hedrick
Compliance and Enforcement Representative
Division of Coastal Management
Cc: M. Ted Tyndall, Assistant Director, DCM
Roy Brownlow, Compliance Coordinator, DCM
David Moye, District Manager, DCM
Kelly Spivey, Field Representative, DCM
David Lekson, U.S. Army Corps of Engineers, Washington Field Office
AI Hodge, Regional Supervisor, Division of Water Quality, Washington Regional Office
Hood Richardson, P.A., 110 West 2nd Street, Washington, NC 27889
943 Washington Square Mall, Washington, NC 27889 NOOne
T't?1C 3TOhria
Phone: [phone] FAX: [phone] Internet: www.ncooastalmanagement.net ?y Rp.
An Equal opportunity \AfirmaliveMon Employer NQtur,Q"If, f
North Carolina
Beverly Eaves Perdue
Governor
Mr. William Bell, Jr.
71 R Pnrt ghnrac nriva
Chocowinity, NC 27817
near fi4r. Beth
4
NCDENR
Department of Environment and
Division of Coastal Management
James H. Gregson
Director
December 2010
C'EC 2220?I
Dee Freeman
Secretary
This letter references the 12 December 2010 deadline for compliance with the restoration agreement signed by
Ms. Bell on 10 August 2010 regarding your property located at 216 Fort Shores Drive (off SR 1166) in Old Fort Shores
Subdivision near the Town of Chocowinitv adjacent a man-made canal off the Pamlico River in Beaufort Countv. North
Carolina. Notice of violation No. 10-176 was issued to you on 2 August 2010 for unauthorized development in the
Coastal Shoreline Area of Environmental Concern and requested restoration.
I received a restoration proposal from Mr. Hood Richardson, PA, on your behalf, dated 24 November 2010 with
an attached plat dated revised 21 November 2010. Mr. Richardson has effectively demonstrated to the Division of
Coastal Management, through innovative design of a arooosed wood blocking strio, guttering, and swales to direct storm
water to the street, that the protection provided by the design would be equal to or exceed the protection by the 30
percent limitation as per the North Carolina Administrative Code, Title 15A, Subchapter 07H, Section .0209(d)(2), State
Guidelines for Areas of Environmental Concern. Therefore, I will extend the restoration deadline in order to allow you
additional time to implement the aforementioned restoration plan. The new restoration deadline will be 21 January 2010.
Please note that this extension is for a 30 day time period from the date of this correspondence. The requested
restoration must be performed to the satisfaction of the Division of Coastal Management by the date indicated or provide
an explanation for non-compliance and a reasonable request for a time extension.
Thank you for your time and cooperation in resolving this matter. Please contact me at [phone] for a final
inspection once you have implemented the restoration plan. Please continue to work with the Division of Water Quality
(DWQ) for any further restoration that may be required by the DWQ.
Sincerely,
Kimberly Hedrick
Compliance and Enforcement Representative
Division of Coastal Management
Cc: M. Ted Tyndall, Assistant Director, DCM
Roy Brownlow, Compliance Coordinator, DCM
David Moye, District Manager, DCM
Kelly Spivey. Field Representative. DCM
David Lekson, U.S. Army Corps of Engineers, Washington Field Office
At Hodge, Regional Supervisor, Division of Water Quality, Washington Regional Office
Hood Richardson, P.A.,110 West 21d Street, Washington. INC 27889
943 Washington Square Mall, Washington, NC 27889
Phone: [phone] FAX: [phone] Internet: www.nocoastalmanagement.net
An Equal Oppodunity 1 Affirmative Acfion Employer
Natural Resources
One
thCarolina
Nor
NRtl ralll, f
`00
A
NCDENR
North Carolina Department of Environment and
Division of Coastal Management
Beverly Eaves Perdue James H. Gregson
Governor Director
24 January 2011
Mr. William Bell, Jr.
216 Fort Shores Drive
Chocowinity, NC 27817
RE. RESTORATIONACCEPTANCE - CAMA VIOLATION #10-I7B
llearMr Rell -
Dee Freeman
Secretary
JAN 6
This letter is in reference to the Notice of Violation dated 2 August 2010 that I issued to
you for the unauthorized installation of a concrete driveway, a portion of which is located
within 75-feet of normal water level (NWL) of a man-made canal off the Pamlico River. This
occurred at your property located at 216 Fort Shores Drive (off SR 1166) in Old Fort Shores
Subdivision near the Town of Chocowinity in Beaufort County, North Carolina. The violation
involved f onstal Shoreline of a man-made canal off the Pamlico River Coastal Shoreline is
an Area of Environmental Concern (AEC) as designated by the Coastal Resources
Commission. This unauthorized activity constituted development, and this Division requested
that you either (option 1) remove at least 529 ft' impervious area from the 75-ft. Coastal
Shoreline to meet the 30 percent impervious surface area limitation, or (option 2) effectively
demonstrate to the Division of Coastal Management, through innovative design, that the
protection provided by the design would be equal to or exceed the protection by the 30 percent
limitation. In accordance with the North Carolina Administrative Code, Title 15A, Subchapter
77.0410, any violation involving development which is inconsistent with guidelines for
development within Areas of Environmental Concern (AECs) must be corrected by restoring
the project site to prc-development conditions to recover lost resources or to prevent further
resource damage.
I met with you and Chris Pullinger, with the Division of Water Quality, onsite your
property on 21 January 2011 to inspect the status of the innovative design that was proposed by
your consultant, Mr. Hood Richardson in a correspondence dated 24 November 2010 and an
attached plat dated revised 21 November 2010. You have implemented the proposed design as
requested as the aforementioned option 2 and the restoration appears to be complete to the
satisfaction of the Division of Coastal Management. Upon my submission of an enforcement
report, you will be notified as to the amount of the civil assessment for undertaking these
943 Washington Square Mall, Washington, NC 27889
Phone: [phone] l FAX: [phone] Internet: www.nccoastalmanagement.net
An Equal Opportunity 1 Affirmative Action Employer
10-17B
Natural Resources
NorthCarolina
Aatura`l' f
Mr. William Bell, Jr.
24 January 2011
Paue 2 of 2
unauthorized activities within Areas of Environmental Concern (AECs). Thank you for your
time and cooperation in resolving this important matter. If you have any questions, please do
not hesitate to contact me at [phone].
Sincerely,
Kimberly Hedrick
Compliance and Enforcement Representative, DCM
Cc: M. Ted Tyndall, Assistant Director, Division of Coastal Management (DCM)
Roy Brownlow, Compliance Coordinator, DCM
David Move, District Manager, DCM
Kelly Spivey, Field Representative, DCM
David Lekson, U.S. Army Corps of Engineers, Washington Field Office
Al Hodge, Division of Water Quality (DWQ), Washington Regional Office
Mr. Hood Richardson, P.A., 110 West 2 °d Street, Washington, NC 27889