NOV-2012-PC-0212 Ver _Complete File_20121017

A J
NC®ENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue
Governor
Mr. Eddie Johnson
230 Beech Cove Drive
Grimesland, NC 27837
Charles Wakild, P. E.
Director
October 17, 2012
Dee Freeman
Secretary
DWQ # NOV- 2012 -PC -0212
Pitt County
Subject: Planting Plan for Restoration of Tar - Pamlico Riparian Buffers
Dear Mr. Johnson:
On September 28, 2012, this Office received your proposed planting plan for riparian buffer
restoration to be conducted on -site at 230 Beech Cove Drive, Greenville. The plan has been
reviewed and found acceptable as restoration for impacts to riparian buffer areas. It will be
necessary for this Office to schedule a flow -up site visit to review buffer plantings upon
completion of the plantings.
Thank you for your attention to this matter. Should you have any questions regarding this
matter, please contact either Roberto Scheller (252) 948 -3940 or myself at (252) 946 -6481.
Sincerely,
� ` -Amy Adams, Regional Supervisor
Surface Water Protection Section
Washington Regional Office
cc: hn Hennessey — NPS Assistance and Compliance Oversight Unit
,,tech Cove S /D, Homeowners Association, Mrs. Susan Basnight,
vWaRO Files
1617 Mail Service Center, Raleigh, North Carolina 27699 -1617
Location: 512 N. Salisbury St. Raleigh, North Carolina 27604
Phone: [phone] FAX: [phone]
Internet: www.nmaterguality.org
An Equal Opportunity 1 Affirmative Action Employer
NorthCarolina
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Scheller, Roberto
From: Adams, Amy
Sent: Monday, October 15, 2012 4:26 PM
To: beechcovesue @suddenlink.net
Cc: Scheller, Roberto
Subject: Eddie Johnson Property
Ms. Basnight,
Mr. Scheller is out of the office on sick leave today, and likely tomorrow. The mailing address had a typo and was
returned to us. It has been resent. However, Mr. Johnson has already submitted a replanting plan which appears to be
approvable. Mr. Scheller will be able to send written confirmation of the plan approval upon his return to work.
As far as the other questions, please see my responses below.
1) The Landscape Committee will develop a plan for plantings in the Common
Area. Should that plan
be submitted to your office for approval? Does your office require that an
investigative visit be
made prior to any action?
Planting in the buffer does not require any approvals from the Division. Planting is an exempt activity and can be
performed throughout the year during the appropriate planting times for the species being planted.
2) Prior to the start of the project in the Common Area, there are vines and
underbrush that need to be
cleared. Eddie Johnson has offered to do that for us with the equipment
that he has for working in
yard. Do we need to get permission from your office to do this clearing?
The first 30 feet closest to the stream is Zone 1 and is the most restrictive. No vegetation should be removed from this
Zone. The only exception to that rule is dead, dying or diseased treell oisonous plant d exotics /invasive plants.
The remaining 20 feet of the 50 foot buffer can be managed vegetation. Howev , i must be maintained in some
vegetated state, be it natural or lawn grasses. Due to the very restrictive nature of Zone 1, no permits to clear
vegetation are available.
Sincerely,
Amy Adams
Regional Office Supervisor
Surface Water Protection
NC Division of Water Quality
Washington Regional Office
www. ncwaterouality. ora
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. **
1

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September 21, 2012
Roberto L. Scheller
Environmental Specialist
NCDENR
943 Washington Square Mall
Washington, NC 27889
Dear Mr. Scheller,
SFILE COPY
I would like to thank you and Mr. Scarborough for your time and efforts on September 10, 2012, and the discussions we had
pertaining to stream buffer areas, different soil types, how they form, and related vegetative species. I must say, I enjoyed your visit
and actually left our discussion a bit more enlightened.
Per our conversation, you had requested we submit our current plans to landscape the area but requested we use at least two
different types of native shrubs and trees to meet the requirements of theTar- Pamlico Buffer Rules.
After reviewing NCSU Native Plant Database we are proposing to add the following species to our landscape along the area
adjacent to the creek in question:
• Inkberry Holly (Ilex Glabra)
• Sweet Bay (Magnolia Virginiana)
If space is available we will also add:
■ Carolina Cherry Laurel (Prunus Caroliniana)
If these species meet your approval or you have additional concerns, I can be reached at 252 - 714 -2945.
Thank you,
Eddie Johnson
230 Beech Cove
Grimesland, NC 27837
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Beverly Eaves Perdue Charles Wakild, P. E. Dee Freeman
Governor Director Secretary
September 14, 2012
CERTIFIED MAIL #70110110 0000 9947 7258
RETURN RECEIPT REQUESTED
Mr. Eddie Johnson
230 Beech Cove Drive
Greenville, NC 27858
Subject:
Dear Mr. Johnson:
NOTICE OF VIOLATION
NOV- 2012 -PC -0212
Eddie Johnson
Clearing of Tar - Pamlico Riparian Buffers
Pitt County
On September 7, 2012, Roberto Scheller of the Division of Water Quality, Washington Regional
Office, conducted a site visit to the subject property located at 230 Beech Cove Drive,
Greenville, in response to a complaint of buffer cutting being conducted on -site. Review of the
subject site found that vegetation along approximately 360 linear feet of riparian buffer had been
cut. Upon closer examination of stumpage it was found that the majority of trees removed were
damaged or diseased and showed signs of rot. It was also noted that most of the under story
vegetation consisted of nuisance vegetation.
On September 10, 2012 a second site visit was conducted by Mr. Scheller and Anthony
Scarbraugh of DWQ to meet with the property owner Mr. Eddie Johnson. The cut riparian
buffer area was reviewed with Mr. Johnson and he was informed that most of the vegetation
removed is allowable in accordance with the Tar- Pamlico Buffer Rules, specifically 15A North
Carolina Administrative Code (NCAC) 02B .0259 (6) Vegetation Management. It was also noted
that there was evidence of trees and shrubbery that should have not been removed; therefore, this
letter is being issued as a Notice of Violation (NOV) of the Tar - Pamlico River Riparian Buffer
Rules. Mr. Johnson indicated that he has landscape plans to re- vegetate the riparian buffer.
As a result of the site inspection and file review, the following violations, detailed below, are
noted:
1617 Mail Service Center, Raleigh, North Carolina 27699 -1617
Location: 512 N. Salisbury St. Raleigh, North Carolina 27604
Phone: [phone] FAX: [phone]
Internet: www.ncwatemuality.om
An Equal Opportunity \ Affirmative Action Employer
One
NorthCarolina
Natimally

Mr. Eddie Johnson
September 14, 2012
Page 2 of 2
(1) Cutting Zone I of the Tar - Pamlico Riparian Buffer
Item I. Tar- Pamlico Riparian Buffer Violation
The cutting of Zone I of the Tar - Pamlico Riparian Buffers violations of 15A NCAC 02B .0259
(4) (a) Zone I shall consist of a vegetated area that is undisturbed except for uses provided for in
Item (6).
Requested Response
This Office requires that a copy of your riparian buffer planting plan be submitted to this Office
for review and approval. As part of your planting scheme it will be necessary to plant at least
two (2) native species of shrubs and /or trees. It is requests that you respond to this letter in
writing within 30 calendar days of receipt of this Notice.
Thank you for your attention to this matter. Your above - mentioned response to this
correspondence will be considered in the violation process. 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 Roberto Scheller (252) 948 -3940 or myself at (252) 946 -3923.
Enclosed: Site Aerial Map
cc
Sincerely,
Roger Thorpe, (Acting) Regional Supervisor
Surface Water Protection Section
Washington Regional Office
John Hennessey — NPS Assistance and Compliance Oversight Unit
,lleteir, U.S. Army Corps of Engineers, Washington Office
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COMPLAINT FORM
Report Received by:Q���t���
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Time: go I a
Reporting Source:
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Address L
County Phone #
Nature of Complaint/Spill: -
Affected Area:
Name of Responsible Party: J
Address:
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Investigated by:
Date:
Observations:
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Page 1 of 1
Jormation Updated Nightly
ess:
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49070
230 BEECH COVE DR
PARNELL GARLAND RAY
230 BEECH COVE DR.
GRIMESLAND NC 27837
5617539605
LT 26 BEECH COVE SEC.1
1 88
001816 00628
38-190
11:2004
$409.000
SFR CONST(SFR)
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1995 -
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9/7/2012

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Name: GREENVILLE SE Location: 035° 35'24.58" N 077° 15'54.49" W
Date: 9/7/2012 Caption: Beach Cove S/D 1 st house on right
Scale: 1 inch equals 1000 feet
Copyright (C) 1998,

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OPIS Print
,ac Pitt County Government
` Greenaille, North Carolina
www.pittcountync.gov
Page 1 of 1
Parcel
49070
Physical Address
230 BEECH COVE DR
Owner Name
PARNELL GARLAND RAY
OwnerAddress1
230 BEECH COVE DR.
OwnerAddress2
OwnerAddress3
City / State / Zip
GRIMESLAND NC 27837
NC PIN
5617539605
Subdivision / Section /
Phase
Prior Legal Description
LT 26 BEECH COVE SEC.1
Block / Lot
Tract
Building Number / Unit
Acres
1.88
Current Owner
001816 00628
Deed /Document
Map Book
38 -190
Deed / Document Date
11/2004
Deed / Document Sales
$409,000
Price
Building Type / Use
SFR CONST(SFR)
Number of Buildings
1
Year Built
1996
Heated Square Feet
3901
Building Value
$327,728
Extra Features Value
$6,430
Land Value
$40,000
Total Current Market
$374,158
Value
Total 2011 Market Value
$392,668
Revaluation Year
2012
Municipality
Township
GRIMESLAND
SIMPSON RURAL FIRE SERVICE
Fire Service District
DISTRICT
Census Tract
10.02
Neighborhood
005023
Elementary School
WINTERGREEN PRIM/INTER
Middle School
HOPE MS
High School
D H CONLEY HS
Disclaimer: This tax record is prepared for the inventory of real property within Pitt County o 23 46 92 138 184 Feet
and is compiled from recorded deeds, plats, tax maps, surveys, and other public records.
Users of this data are hereby notified that the aforementioned public primary information
sources should be consulted for verification. Pitt County assumes no legal responsibility
for the information contained herein.
PLEASE NOTE;
Copyright © 2012, Pitt County, North Carolina. Parcel ownership information updated nightly.
Map printed 9/10/2012.
http: / /gis2. pittcountync. gov /opis /,nrint.aspx ?resetSession— true &x 1 =25153 86.2091396954... 9/10/2012

Scarbraugh, Anthony
From:
Jones, Bryan [cbjones @pittcountync.gov]
Sent:
Friday, September 07, 2012 12:16 PM
To:
Scheller, Roberto
Cc:
Scarbraugh, Anthony
Subject:
Riparian Buffer Violation
Attachments:
DSC01833.JPG
Roberto,
Per my phone message to you, please see attached picture of a possible riparian buffer violation within Simpson's
jurisdiction. The address is 230 Beech Cove Dr, Grimesland, NC 27837. Parcel ID is 49070. Please let me know if you
have any questions or need anything from me. Thanks.
Bryan Jones, CFM
Planner II
Pitt County Planning and Development
1717 W. 5th St. I Greenville, NC 27834
Phone. [phone] Fax: [phone]

1
Scheller, Roberto
From: Susan Basnight [beechcovesue @suddenlink.net]
Sent: Monday, September 10, 2012 2:32 PM
To: Scheller, Roberto
Subject: RE: Beech Cove Subdivision - Eddie Johnson Property
Mr. Scheller,
I cannot thank you enough for your prompt help.
Susan Basnight
- - -- .. Scheller wrote:
> Ms. Basnight:
> Representatives from the Division of Water Quality meet with Mr. Johnson @ 10:20 a.m. today
to review the cutting of riparian buffers located at 230 Beech Cove Drive, Grimesland.
Examination of stumpage found most of the trees removed were damaged, diseased, or nuisance
vegetation and removal of such is allowable in accordance with 15A NCAC 02B .0259 (6)
Vegetation Management. This Office does require notification before such activities begin.
Mr. Johnson plans to replant the riparian buffer and this Office.will require Mr. Johnson to
submit a planting plan and narrative of the project. Mr. Johnson was also informed that
removal of previous fill or debris is allowable provided that diffuse flow is maintained and
any vegetation removed is restored. If you should have any further questions on this matter
please contact me.
> Thank you.
> RL Scheller
> Division of Water Quality
> Surface Water Protection Section
> Washington Regional Office
> 252 - 948 -3940
> * *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. **
> - - - -- Original Message---- -
> From: Susan Basnight [mailto :beechcovesue @suddenlink.net]
> Sent: Monday, September 10, 2012 12:55 PM
> To: Scheller, Roberto
> Subject: Beech Cove Subdivision - Eddie Johnson Property
> Mr. Scheller,
> I am Susan Basnight and serve as president of the Beech Cove
> Homeowners Association. There has been much speculation, anger, and
> dismay on the part of a few homeowners about the property under contract to Eddie and
Martha Johnson.
> Steve Campbell has informed me that he has contacted you and that you
> have agreed to inspect the Johnson property to determine if any codes
> or laws have been broken.
1

> The Association is having a meeting tomorow night (Tuesday, September
> 11 at 6:00
> PM) to discuss these issues. If you have performed the inspection, is
> there any way that I can get your results by the time of that meeting?
> Steve had told me that he was sharing my name and email address with
> you in order for the board to have the information he is seeking. It
> would be extremely helpful to be able to have any reports, etc. to take to the meeting.
> I have left a telephone message for you to call me as well as this
> email. You can Fax any information to me at 252 - 321 -4404. I can be
> reached at 493 -7358
> (work) or 756 -4365 (home).
> Thank you for your time and help. I look forward to hearing from you soon.
> Susan S. Basnight
2