20072033 Ver 1_Minor Variance_20071204

Message
cemeyer1 a~suddenlink.net
To: Cyndi Karoy
Subject: Demonstration of need for avariance-Part 2
Page 1 of 3
~~
Ur_[r ~~ 2007
~~~n•'~C' - ruAl:~~ ~lALi7Y
WE7LANQ3 ptap S7p~-,MiZ7ER ARAMCH
07-2033
I am an average citizen with very little or no knowledge regarding the rules and regulations of streams or ditches,
water quality, wetlands, etc. I do not know what to say or how to say to you, why I think a Variance should
be allowed regarding the ditch/stream running through my properly. I will do my best to describe some
background information which may help in understanding the situation.
My specific location in the Birchwood area of Nashville, NC has been pointed out to City Management for many
years as having very dangerous and inadequate drainage arrangements, not only by me, but several other
neighbors at this location. The City is very aware of the drainage and flooding problems in this neighborhood. Not
just my lot, but the adjoining neighbor's lot, and the lot across the street which has a pond that receives the water
from my property, via 4 (30) inch pipes running under the road named Birchwood Drive.
The ditches/streams have overflowed many, many times over the years, causing water to back up into my yard
and under my house, causing property damage and extreme soil erosion. I have asked the City for years to do
something to help me prevent this from happening, since 1987. Finally, the City told mein 2006 that they were
trying to figure out how to fix the problems and find the money to do.
Some work was done to the pond by the City in December, 2006, and curtNng was installed in Sept., 2007 to
finally protect the street frontage of my property. Some additional work needs to be done to proted my property
and neighbor's property from flooding and serious soil erosion which occurs with any significant rainfall-not a
flood or storm rain, but a heavy shower or rain that happens several times each year and is fairly common. The
City has told me that they cannot do any more work because DWQ will not allow them to do what they proposed
to do. In the meantime, my property and the adjoining neighbor's property continues to be damaged/eroded with
each and every rainfall.
My property is the only property having open ditches running through the primary yard areas. Underground pipes
bring the water in that dumps into my ditches from both ends of the property. Underground pipes take this same
water away under the road and dumps into the pond. So, the only non-piped section or distance is the open ditch
distances from the incoming pipe end to the outgoing pipe end, which is being classified as a stream. The total
footage is approximately 60 feet for one ditch and 40 feet for the shorter ditch to reach the 4 culvert basin area.
I am sure that your representatives have properly identified the streams as being streams, since they are the
trained experts, and 1 have no knowledge of the criteria to determine a ditch from a stream, and 1 accept that
ruling.
The shorter ditch on rrry property adjoining the neighbor's property is perilously close to my storage shed and
backside of my house. This ditch has migrated closer to my yard area over time due to massive overflows and
erosion. Serious soil erosion has occurred, washing out a large section of the original ditch channel, and
exposing the root strudure of a large 100 foot tall tree which I am trying to save from destrudion. Street water
overflow coming to this exad pipe exit kx~tion, coupled with the pipes dumping massive water amounts at this
location coming from the neighbor's yard when raining, presents a serious and dangerous situation which causes
flooding of my shed area, and will eventually cause the destruction of the large tree, likely to fall on my shed
and/or house. I have already lost 17 large trees I had to remove in 2003, at a cost to me of $3,500. The loss of
these trees was diredty related to street water flooding and ditch overflows, year after year, with nothing being
done to proted this from happening. The City was well aware of this situation, and in fad was a significant part of
the reason I had to remove the trees at my expense. The City brought in heavy equipment to redig the ditches in
2000 in hopes of improving the drainage flow, and while doing so, damaged a number of the large trees
caused by digging too dose to the root strudures, banging with the heavy equipment, etc. The trees were
leaning, roots exposed, dying, and a danger to falling on my house, the street, and the utifity lines. I have asked
the City to reimburse me for the cost of removing these trees, and they have told rr>e they have no intentions to do
so. I am currently considering legal action against the City concerning a number of issues. (See attached letter
and bill from the tree service company removing the damaged trees).
12/2/2007

Message Page 2 of 3
The City had already recognized that this short ditch had stability problems, needed reworking and aligning, etc.
and had planned to do these things, but told me that DWQ would not issue a permit to do these things.(According
to the City). My dilema as a property owner is, just because nobody can do anything, doesn't make the problems
go away, and the danger still exists, and my property continues to be damaged, so what are my options as a
property owner to protect my property?
The City tells me that they cannot do anything about this short ditch because it has been identified as a stream,
therefore they have washed their hands of the subject. Yet this stream presents a significant danger to me and
my property, and continues to worsen as time goes by. As a property owner trying to protect his property from
further damage, already damaged, what can I do to resolve this serious issue? This is why I wrote the letter to
you and others at DENR on 11/14/07. The whole ditch area including the 4 cuhrert basin area is very unstable,
and needs to be reinforced with a concrete wall arrangement, or rip rap, or some other means of reinforcement, to
provide protection against flooding and serious erosion. The City and 1 have had many discussions about this
over the years, and nothing has been done to stabiize the basin area, or to prevent water backing up into my yard
area, which they are well aware of.
It is my understanding that when a stream is identified as a stream, certain restrictions or rules apply, or have to
be met, if you disturb the stream, or want to change in some way. I understand from the City Engineer, Kevin
Varnell, that the 50 foot buffer requirements would come into play regarding the streams. I also understand from
Kevin Varnell that the geography, topography, size, shape, proxirity, etc. of my specific lotlproperty location
makes it physically IMPOSSIBLE to comply with the 50 Foot Buffer Rules, thereby the dilema, or a request for a
Variance might be appropriate. It seems that my house location and street location, and maybe other
limitations, in relation to the proximity of the ditches/streams, would not allow the 50 foot buffer requirements to be
met due to physical and geographic impossibilities. This is my understanding.
I have paid bills/receipts showing that over the 20 years I have Hved here, I have spent about $18,000 making
repairs, and replacing topsoil, (about 35 truckbads), spreading, reseeding, and trying to save my yard, property
and house. I could provide you with much documentation, phartos, letters, surveys, etc. regarding the history of
damages assoaated with this property location, if you so desire. Damage from Hu-ricane Floyd in 1999 caused
approximately $9,000 of instant damages. FEMA and ACOE field inspection teams came to this properly location
and were astonished at the lack of drainage and flooding protection, espedalty at MY specific location, since my
property is the lowest point of elevation prior to draining under the road to the pond. Of interest to note, MY
PROPERTY was the ONLY property to be damaged during the Fbyd event. Not ONE other property owner in
this neighborhood had ANY damage except me. FEMA estimated my damages at $16,100 and offered a loan in
that amount. I borrowed $10,000 and still owe about $4,000. The City has not offered to reimburse me any
amount, even though I have requested in writing for them to do so. Two official surveying contractors also
pointed out and presented to City Offiaa~s the serious shortcomings and lack of proper and required drainage
capacity for this neighborhood, without any action being taken by the City to resolve. One survey was done in
early 1999, prior to Floyd hitting in Sept., 1999, and the other in 2004.
I would appreciate anything that you could do to allow the City of Nashville to complete the work so desperately
needed in this neighborhood, to help the citizens and homeowner's protect their property. It is far overdue. I am
attaching some photos and other documents that relate to this properly location and the problems I have had
trying to resolve these issues.
I am asking for a Variance on the basis that the physical nature of my property is causing hardship which is
different from that of neighboring properties, and the hardship is unique to rrry property rather than the result of
conditions that are widespread.
In my opinion, and it would be my specific request if albwed, for DWQ to allow a Variance for the streams to be
piped and covered to a point nearing the 4 culvert basin area, and to allow the reshaping/digging and reinforcing
of the entire 4 culvert basin area to adequately receive and displace the water flow volumes normally expected at
this point, to adequately protect the home owner's property from flooding and soil erosion, as well as city street
erosion which is also occurring.
Kevin Varnell of Stocks Engineering is the City Engineer and submitted the original information seeking a permit
to do certain things in the neighborhood bads in the Spring of 2007. Preston Mitchell is the City Manager of
Nashville. I think that either of them would be happy to provide you with what other detail of information you
12/2/2007

Message
Page 3 of 3
would require to allow additional work to be done on a Variance basis, or other approval basis, to continue making
street water and drainage improvements in this neighborhood area, which is critical to the property owners in this
specific area.
Thank you very much for your a ention to these matters, and I took forward to hearing from you.
Covert E. Meyer G5~2%
812 Beechtree Drive
Nashville, N.C 27856
252-459-7668
~zft~D7 v
12/2/2007

~~

S ~
(y
• /
F
~~~
_~::~
w.f
e~.j
X`
_V..^-, ~ ~-_ ._ ._-.....' fem.- .~M.

OFFICE USE ONLY: Date Received Request #
State of North Carolina
Department of Environment and Natural Resources
Division of Water Quality
07-2033
Variance Request Form
Neuse River Basin: Nutrient Sensitive Waters Management Strategy
Protection and Maintenance of Riparian Areas Rule (15A NCAC .0233)
NOTE. This form maybe photocopied for use as an original.
Part 1: General Information
1. Applicant's name (the corporation, individual, etc. who owns the project):
2. Print Owner/Signing Official (person legally re ponsible for the facility and its compliance)
Name: ~~
~~
r...` i"..,~
Title:
Street address: ~! ~~,~
GEC ~ ZOOI ,._
City, State, Zip:
Telephone: ~'rttHC;? h.s ~; <;; n~~p,,~~..~~ RRa-~c~
Fax:
3. Project Name (Subdivision, facility, or establishment name -consistent with project name on
plans, specifications, letters, operation and maintenance agreements, etc.):
Birchwood-Nashville-Nash County-TPBRRO #07-268 per info.in letter received from
Danny Smith, Raleigh Regional Supervisor
4. Location of Facility
Street address:
City, State, Zip:
County: NASH
Latitude/longitude:
5. Directions to facility from nearest major intersection (Also attach a map):
Version 1: September 1998
Variance Request Form, page 2
Version 1: September 1998

Part 2: Demonstration of Need for a Variance
NOTE: The variance provision of the Neese Riparian Area Rule aYows the Environmental Management
Commission to grant a variance to an affected party when the foAowing conditions apply on a given project:
(a) practical diffrcult<es or hardships would resin from strict appication of the rule:
(b) such dif6culries or hardships result from conditros which are pecufar to the property involved, and
(c) the general purpose and intent of the Rule would be preserved, water quality would be protected and
substantial justice would be done if the variance were granted.
This part of the appication is to expt~n how the project meets criteria (a) and (b).
1. Attach a detailed description (2-3 pages) explaining the following:
• The practical difficulties or hardships that would result from strict application of the Rule.
• How these difficulties or hardships result from conditions that are unique to the property
involved.
• Why reconfiguring and/or reducing the built upon area to preserve a greater portion of the
riparian area is not feasible on this project. ff economic hardship is the major
consideration, then include a specific explanation of the economic hardship and the
proportion of the hardship to the entire value of the project.
SEE ATTACHMENTS !!!!
Part 3: Water Quality Protection
NOTE: This part of the application is to explain how the project meets criterion (c): the genera! purpose and
intent of the Rote would be preserved, water quaf~y would be prote~ed and substantial justice would be done if
the variance were granted.
1. Briefly summarize how water quality will be protected on this project. Also attach a detailed
narrative (1-2 pages) describing the nonstructural and structural measures that will be used
for protecting water quality and reducing nitrogen inputs to surface water.
2. What is the total project area in acres?
Variance Request Form, page 3
Version 1: September 1998

3. Which of the following permits/approvals will be required for this project?
CAMA Major
SedimentiErasian Control
401 Certification/404 Permit
Variance Request Form, page 4
Version 1: September 1998

Part 3: Water Quality Protection, continued
4. Complete the following information for each drainage basin. If there are more than two
drainage basins in the project, attach an additional sheet with the information for each basin
provided in the same format as below.
Project lr-lormadon Drainage Basin 1 Drainage Basin 2
Receiving stream name
Receiving stream Bass'
Drainage basin area (total)
Existing impervious area3 (total)
Proposed impervious area3 (total}
Impervious area3 (on-site)
Impervious area3 (total
Impervious area3 Drainage basin 1 Drainage basin 2
On-site bail
Orrsite streets
On-site parl~g
On-site sidewalks
Other on-site
Total on-site
Off-site
Total
' The Internet site for this information is http.~//h2o.enrstate.nc.uslstrmclass/a(pha/neu.html
2 Total means an-site plus off-site area that drains through the project.
s Impervious area is defined as the built-upon area including, but not frmited to, buildings, parking areas,
sidewalks. gravel areas. etc.
5. How was the off-site impervious area listed above derived?
6. What will be the annual nitrogen load contributed by this site after development in pounds per
acre per year without structural BMPs (stormwater pond, wetland, infiltration basin, etc)?
Attach a detailed plan for all proposed structural stormwater BMPs.
Drainage
basin Size of
drainage
basin
ac Post-development
nitrogen /oa~g rate
without BMPs4
bs/a BMP nitrogen
removal
elgciencys
o Final nitrogen
Ioad~ng rate
(-bs/actyr) Fina- nitrogen
loading from
drainage basin
Ibs
7
2
3
4
5
Totals
4 Attach calculations and references.
s Attach calculations and references.
Variance Request Form, page 5
Version 1: September 1998

Part 3: Water Quality Protection, continued
7. The applicable supplemental form(s) listed below must be attached for each BMP specified:
Form SWU-102 Wet Detention Basin Supplement
Form SWU-103 Infiltration Basin Supplement
Form SWU-105 Curb Outlet System Supplement
Form SWU-106 Off-Site System Supplement
Form SWU-107 Underground Infiltration Trench Supplement
Form SWU-109 Innovative BMPs Supplement
Part 4: Submittal Checklist
A complete appplication submittal consists of the following components. Incomplete submittals
will be returned to the applicant. The complete variance request submittal must be received 90
days prior to the EMC meeting at which you wish the request to be heard. Initial below to indicate
that the necessary information has been provided.
Applicant's Item
Infi s
~~ Original and two copies of the Variance Request Form and the attachments

C~~ listed below.
A
i
i
P
rt 1
It
5
it
f th
t
v
,
em
)
c
n
y map o
e projec
(see
a
C~11~L_ Narrative demonstration of the need for a variance (see Part 2)
• A detailed narrative description of stormwater treatmentlmanagement (see Part
3, Item 1)
• Calculations supporting nitrogen loading estimates (see Part 3, Item 6)
• Calculations and references supporting nitrogen removal from proposed BMPs
(see Part 3, Item 6)
• Location and details for all proposed structural stormwater BMPs {see Part 3,
Item 6}
• Three copies of the applicable Supplement Forms} for each BMP and/or
narrative for each innovative BMP (see Part 3, Item 7)
• Three copies of plans and specifications, including:
0 Development/Projed name
0 Engineer and firm
0 Legend and north arrow
0 Scale (1" = 100' or 1" = 50' is preferred)
0 Revision number 8 date
0 Mean high water line (if applicable)
0 Dimensioned property/project boundary
0 Location map with named streets or NC State Road numbers
0 Original contours, proposed contours, spot elevations, finished floor
elevations
0 Details of roads, parking, cul-de-sacs, sidewalks, and curb and gutter
0 Footprint of any proposed buildings or other structures
0 Wetlands delineated, or a note on plans that none exist
0 Existing drainage (including off-site), drainage easements, pipe sizes,
runoff calculations
0 Drainage basins delineated
0 Perennial and intermittent streams, ponds, lakes, rivers and estuaries
0 Location of forest vegetation along the streams, ponds, lakes, rivers and
estuaries
Variance Request Form, page 6
Version 1: September 1998

Part 5: Deed Restrictions
By your signature in Part 7 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 prior to the
sale of any lot.
Part 6: Agent Authorization
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:
Fax:
Email:
Part 7: Applicant's Certification
I, ~-~{~ , ~~ (print or type name of person listed
in Pa ,Item 2), certify at~he information included on this pemnit 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: j -z` [ ~ ~7
Title:
Variance Request Form, page 7
Version 1: September 1998

0
~n
N
i.AW OFFICES
FIELDS & CaOPER, PLL~
ROCKY MOUNT & NASHVlLL~
NORTH CAROLINA
MiLIUN P. FIELDS (retired)
ROY A. COOPER. JR. {retired) REPLY TO:
JOHN S. WILL (FORD. JR. P , O . BOX 4538
ELIZABETH H. FAIRMAN Rock Mount, NC 27803-0535
MARK E. EDWARDS y
li~1ARK G. OSTERHOUT
M4GHAELD. GAYNOR November 19, 2007
Mr. Covert Meyer ~#•,~~~~
~: _,
~31L Beechtree Street ~;~
Nashville, NC 27856 ~;_~ Q 20U~
RE: Meyer drainage issues I)~r:~;-v~°AT~Ri~Uf~L11"Y
IAI~TI.ANR3 Pd`--'D STOR~~'~.^.T=R BRAAICFI
z
X ~
~~ X '~
y N T
C
~ ~ 6
m ~ O
y ~JFFICES
0
ZaFSUNSET AVENUE
c P.O. BOX 4538
ROCKY MOt~dT, NC 27803-0538
(252)442.311a
Ft~C A (252) 442-x170
~3 COURT CIRCLE
~P.O. DRAWER 757
NA~f-IVILLE. NC 27856
`m [phone]
1-R~(~ (252} 459-2123
0
c
07--203
z
A
o O
' 3
O P
m R
Dear I~Sr. ~•lever:
~,D~~ ~_
A~
o ti ~ ~ i~ a
,_ ~Z
S t _ 3 3
C
N
O
O
J
~-.
Preston Mitchell and I were confused by your email a
dated NFD =dad, November 36d c2007 9:~56o a.r~.o Wg bothN thought
`~e h~c~ ~ootn>~ani~a~~d ~o ~ra~.tQt~e; Tows ~f I~a~hgill~'a~ positie~~ ~
`.~itha >~e~aerc~ to yz~ur ~req~~s~s for ~urthe~ er~siaa~ control
improvements to the short ditch in the shed-area of your
property and for settlement of your damage claims: In your ~
memo to me dated November 5, 2007, a copy of-which is ~
enclosed, you stated that you needed a formal response from ~n
the town regarding (1) reimbursing you for damages`
identified as $15,515.00 aut of pocket expenses and some
reasonable amount for pain and suffering, and "(2:} providing
funds to prevent further damage to your property relating
to the short. ditch at the shed area. I believe Z addressed
both these requests in my email to you dated Tuesday,-
November 13, 2007, a copy of which is enclosed.. I then
reiterated the town's position with regard to these ~,~
requests in our telephone conversation on November 15,-
2007.
Perhaps you do not consider an email or a telephone
call to be an official response or perhaps I have not made
the town's-positions clear.'I will try again. Please
consider this letter to be the Town of Nashville's formal
response to these requests."
The Town of Nashville will submit your memo with
supporting documentation to its lability insurance
carrier. The liability insurance carrier will-review and
investigate all of your claims. The town purchases
liability insurance to handle these types of claims. Unless
your claims are not covered by insurance, the Town of

Message
Nir. Covert Meve_
November 19, 200
Jaae 2
Page 2 of
Nashville will not, independently of its insurance carrier,
negotiate a settlement of your claims.
The Town of Nashville will extend the covered drainage
pipes in Mrs. Denton's yard through your yard to the
drainage basin in your yard if and when the town receives a
letter approving this work from the North Carolina
Department of Environment and Natural Resources {Division
of Water Quality). The town and its engineers have already
applied for approval from DWQ for this work and the
app cation was denied. The Town of Nashville is not
agreeing to submit another ap lication for a roval. The
town is an y agreeing to perform this work if you are able
to obtain approval from DWQ. The Town of Nashville is not
agreeing to pay you to perform the work yourself (with or
without approval from DWQ) and the town is not agreeing to
reimburse you if you decide to do the work yourself.
In light of the possibility of litigation regarding
these matters, I have advised Preston Mitchell to_direct
all inquiries regarding these matters either to me or to
the town's liability insurance carrier. If you need any
further clarification of the town's positions, please let
me know. I will respond to your requests-abut it may not
always be on the same day I receive your requests: I have
many clients with many legal matters that need my attention
so I must ask for your consideration .and patience in this
regard. Thank you.
Yours very truly,
FIELDS & COOPER, PLLC
Elizabeth H. Fairman
EHF:lra
cc: Town of Nashville
(Preston Mitchell)
w/enclosures
11/19/2007

... ,,,. _._~. _ ,....._,~..-,-.._...,,,,,.-_..,_.,.,_,-.,_._ ,.,.-...-.-~......_--.,-2-..--._.._....-.--...~..._,_. _...,..........._
:,
"~
. . . ~ . . .. - s -A . - ~ ' ' ' ' ' ' '
~._~.~ ~ .,0.i
~, ~.
-> . _a:.~.~ .. _ - __~_- .~~ .:
g ... _
~ ,,~ ~ ~.,
~, Qfd+~ ' ` sn ~'~
PCTRCi9 ,j~,\
_ ?. ° S;j
t k
;° .~
~ _ ~ t
t i s
W ~ t ,~ ~
o t
.~ F
~ ~
!~' ~ ~
..._.. ~
~~ ~ ~ ~
~ ~ /~
t ~~ u~ ~.
`1`- "' ~~ ~ f J ~
z °' °'~~/`'~
~ _
-~°'
z f ~
Y
0
gUTS1~E LIME ~~ ot~vhor ~~/ .~ `j~R ,y3'~/2~~ vi
'~.~ 9 t
~EEGNTREE ~RC}AD '7
;s,g,isSisa 'E
(' Ap (-y 1
#-(~ t1tt 7T ~~ tdfr
A~{" ~
i\J:`L ~
~ g.V,, •id ~.~;t! ~j.
~„•~~~t~~~~- if
~* «~
e? ~. ~_
J s ~ ,,•4° ~.~*•
l_ot 7, Elk. e , 81R~HWQOIa No-+AES ~~+ «'«~s.- °F
~q~h Ca.
1 } _,~, SAP ~~ ~'ft~iP~€~TY t~F
:~
C4VEF~T E. MEY E fit LNG 1~~EE YY®NNE ~. ~E~' Ear
r
~: 8 i2 BEEC I~TREE 8®A1:3, NASNV 1k~ZE,N. C.
«,
=s ~~ ~ ' JC~YNER ~CEEN`~ ~u~E ~, ~~1~~
~-~ _
~ ir. ~ ~./{ A~~4CATES SCOIe !" = 40' ~ ErTa~ ©~ ~iosore ~ ~_
h ~ fl 20 44 8o F
c Rocky Mounf N.C. .._ .. food ~~i~ ~«~~

.._

°za swsx:'ei't i`~e~'er
t ~ia.~'7i. 6Vl1$e, i Mki ~ I O.~zC3
rs
i 4e: ~rair~ag,~ trn~rovernerts Cd? ~ir~:hwo~~d ~?rt~e
dear Mr. AA~~ter:
~`xttached yoa~ wi9i find the ~rr~posed drainage irn~rerverrrent ~~a~ for ~irchvrc~ ~ ~~e~htrfvF ur:v~
"iais ~ ~arc~vider! for your reference c€~r?cerrsirtg 3vork to tie done ~ar~lnear ~rcor dace ~ ~ ~e~.~ ~~-ra~s4W.
Y~~~Se rt~t8 t~'i~t the ~~n drafr't~~~ t71j~ ar3d cai~h t3~~Si3~ c~~~rl~ FvTr. .~t`~~, Nf~~l ~;f~~rtu"~~ ~ ~~"&~a 1ie`.~':~
hen rart~titted and rntilt r~€~t ~ ir~sta![ed.
t1e pr+~cedures that vye ar~tici~ate t~ take ~tat~ ontnear yon ~ro~-`i are as 'f~tici~~_
.. }~er~naval ~5i existinr~ trees as nssary and Qxistir~g drainage ditch.
~. ir~sta~tatiorr cif a oonstr€~ction ttrance, drainage is, a jr.€nion hc~~, ~ ~.~a:.~ 3 ~ ~~.t. E wr~~ ~:
g~ztler> pyrarrrat #ined spa".- ~ ~ s a~ad *€~~ ~~~€=:aor?.
a_ ~~gpLr~a{}~ci~~jrt~y}€~~€~~yye~~pp~y: (~ -_ ~Cy_ ..{[ ;` ~q@~~pt ~g gy~!~ /~F}~ ~j ~y.~~ ~^p y~~y J ~-+
~. ~~133[T~QLt S?i! 3iii/~~sAures in ~t~ e'~fS~.ilrbed 4'_-I S:~ii:TS~3 '~Yf1~j t#6JY.ir~~>~•vS d6~~tC 3h.~... v~~iz~ s'9~S ~hb i 4~E ~4~ t Zrv i~~..
~~. The T~~~~ ~,gr~s to make eves} r~ass~na~ile #~~ to make drain~r~e irr~~>r~~~~:,~n~nr;, _.~ t4 ~~,
:?i~},, x`/:;~~~rrt ;c;~ C3!' rtG'~" nV~T. ..~t?3 ~~~£?~ .~{3~3I~.'t c'3I1C:~ +f. ~C~r~{~° '~.3i'.'`~'+;4~..y ~i'~.? :ti':: aC~t?~?r,"~~.
~ractih#e.
the areas that vxii4 !~ disturt.~ era yc~~r o!r €6 ~~ k~~t t~ a €~tirr~r# ~ ~. ~ _ ,.r;..;. .:.
i:~"S.d~,i::.;-:~ `.~ tii `.jFas~,:ii~s'~~i R3 ~d.`~f~ ~ €tr ~µ~~~~ ~~~~~ h ~,K3a'liti~3r5 ~ t~?~~~1i~~t t~Tt'2?~~E~? ~'f„~a.~s'~ ~. ~as:3„`+;~
.)tl~ r '~C .~ is ~i E.~ ~~f ... : { ~ ~ ~ rd _ .... x 3 i.r~ ~ ~ ~ £°.a ~
.~ ~:?lt~~. a s " ~i~~1~ `7`~l` t ~' S?E~E~t`~r'a""~[ t~ ~g's~'r" if.rr`€ ~~ ...i~~rz~c~.r.'~. ~' ..
~iri~;ereiy.
S,tc~~k F,~'1~~r1e€~r~~~, P.aR..
f,,
_~_
:~,•
~: ~ oven Meyer, do hereby a~thor~e the ~9:~~~ .~s r..•~~ _ _ .
~ _ :~.j ~ L~ ~ _.
uE~#~r~GtEr3~ ~~Ttll~sc'lri~ :€~ ~.,3~, ~~' `z:#~t~ ~~~~ R- ^-~z:~: - ' ,~ _. _. _
-:
:, _ ~,:
~€tf?~S~ ~ .'~ slate E {~
.S. ~~easi8r-ri ~YAG+Sra. ~'~
`17QC1 Eastern ~4Rnue
~~ ~i-'3!9t ?'~~s~
L~c~ ~t3iitl ?~.rEi€£,FFS a,+,'i?,ri.!t--,
p~., ~~i~.~i"f#~f i~nir_.r.t
~:_~~~.~i~7 tiax)
_'~ ~ trr~,k-.(a`)stnck~engitteerirr~.rcx~-,
~~9.2~9,~Gt~r~ {fax}~
~'~~.~~~.~~~s~ {i'i'7C9~i3iL~~
tSSr}l}~S~SiL€°,~iS'~~'+,~..!'s~ °!li r.~ , (:Gf

tf k~ ., ~~*sE ~~ corr+;:spgnderace, damage, etw.
--.p;~.¢iai u, ~auesage from ~,ia4itanwide lrssurance ~~_ 9i2~?/93
~:-~E:sA # 3212-Q82T1 A{~pfscatson for c3mnf f3arrsage tsa real fsr€apestb' ~€ $'E4984g- 3f",~f?416t-i-l3~is ~ra~:~;~~#=
=~_Let#er tca Baricaw and Mayer Evans 1Q~'E4i~J--f~ecei ~airf to it'Yebia°s fc~r cfarrae re~aiss ~.~~ ~'"
4-Letter tp Bark3w and Mayor Evans '[ 1l'E2f99--AddiiJpr~a# X935 r#asae re~airea.
~-Letter from t.lSDA, NitCS Nashvitie C3ffice, Report cal• ~ttdir~s Qf ~seid insgaec~Einn asad t~~~~rnrt?~~~~3£i~€as ~~; :~i;a
?~ reso`ue drainacte shartcon~in3s. Survey done 't112tg9 and #aresented trt ~ity_
-SSA # 3212--438271 Disaster Lfrars apfarovat ~-°!6,'lUO.(Tfitesr apprcava3 asassaurst~ Actoa4 ta~rrovv~ ~'#~,(t(34
17 f3J~~
~1243C3 E~'erss~r~a{, X1543€3 Lanr3, $143,~443~1 Repairs, $2,543Q I~rvewavlwatkkvay, $6i~t3 c3etatis ts:~~~~~~~1. rr~i
~`t 6,1434)
!-ErOart $14),41(143 from SHA deposi#ed into ~y acct3unt 1't1341~g
8-~EMA checfc for X4369 tca gp #cn+ward repairs. Appfiaatia~n # g24t4324785
-SF3A Lean #t3LN 33 o~4t3-07 $5i3f1 to ~p to~ttard darnages_
1 t3-L$tters from .3a~tner, tSeessy anc# Asspciates cerl3fyia~ my property is not i+~a#ed ire a licsod 1}ward a.ea.
1'''~'-Check from l~#atianwide frar $2,38& fsx dacr}ages caverecf in pcr. 143/43a1~ end related, scat water.
12-t~tiier surveys frpm E_IS#~A, iyRCS Nashvitte ofifice pomti~ out sh+~rtcomir~s crf drainage systems,.
13-Ptasta3 resweipts stsowing letters 1.s~ Sar3aw and Evans rec~sved and signed far. ~Etems 3 arc( ~ ~ .
14-a' 1,84343 paid tp Narry Lee's Larsdscaping Services--3/614)4 for; c3 i€aads caf dirt arsd spread, seed ss~f:i
~auer.Concrete patch
_ ~--~$3,5CE£~ paid tcx A and P Tree Service, ~3c~ Ct3, resneave ereas€un cfarr~aged fees frarra ditc:~ tine_ Di€t f~; ~iE.
? -Spring °88, ~ Eoads dirt, sfaread, seed, taY [~Pe in , fr+~nt yard and cover $75~f3_
? 7-March, 436, 3 loads dirt, spread, seed and cover $74343.(~esxrge Fps#er landscaping3
~3--Paid Filarry Lee's fQr taartial drivev+rat€ ar~d patching-4343 Spring '432
19-4: on~crete C3rive~usy and #r€ss~twalkvvay--~
,; i
2[3-Nov, 19~~ fetter to Evans ar-d Bastcaw-t.3arrrages ttrus #ar-~3 --- -
~, ..
~It?it:S:
- ~ ~~
irs addition tp the darrsages per FEMA, they indi+eated irs their fndirsgs that € rsraY have stnrctural fexsssciatipa~
~:rpbiems shasvr up in the f€sture due tQ the 4 pEus feet of v~a#er under the hpc, ANI~ ~ t pa~td prphssh i;aue to
rs3piaee scarne carpet due to txsckting and trvrinisle protatesns corning €rosra ttte water sa#urating thy: flosarirci
insulation. in fact, wrinkle prsablearss have occurred vrith the cacpa#, but 3 have not rap3acecf as ~#~tt~'ss tirrt~. kir.~t veil;
haws to ds~ at some pain#_ Also, the its7:3rir>g tsar developed sctueetcy spoil #hrotrghs.tvt the hcs~se, v~rhi~:.h ~-1~lv=~~~,
alsca said v+vo~ald iarot3aby hafrpen.
i ~;'~I~ii~~y
5.'

`~~>~~es~i~rr,~, A/P 3'ree Service
>;a.t~a~sao,ooo~ - way cuaraateed
_ Gene Scarborough, Owner
t.=:
f" ' ~ Dangeroas Trees-Stumps-Pruning-Consulting
252-459 6262 tD>ffiice / 904-?4?9 Cellnlatr
4,.
_ . ,.. ' .3
P.t). Box 7017 Rocky Moant, NC 27itt4#
:fob Name
Address
01~a! t~7i- / " 1 ~ V ~ r
~~ ~-
dollars '!~ . ~
Tao:
Total: ~~~'~' y -ex3
City ~~~s v ~ 1~g State ~ ~i~ .2
Work Phone Name 'hone ~-S~~'-~.~'~'~j'
=====_=====Proposal /Estimate=====______
Ail work will be performed in accordance with Industry Standards. Customer assumes all. liability for concrete
drives and walks which are sub-standard: 4" steel reinforced stab, on packed footing, no cracks or roots beneath
is standard.[ ~ We hereby propose to furnish, in accordance with specifications below or on attached pales,
ail materials and lobar necessary to complete the fallowing:
l~ or tl~e sum of ~ ~~- ~ .~.:~,e~
Payments tit be made by cos check on completion anless specified:
~l~tke checks l~q;~uhlc= tc~ Gene .Sccrrh~rrvugli
till materials are guaranteed to be as specified. Atl wnrfc is to be completed in a
=.trorkmanlike manner aocording to standard practices_ Any aReration or deviatan from
at~ove specification involving extra cost will be executed oNy by written orders, and will
become an extra charge over and above tfie estimate. AI# agreemen#s contingent upon
strikes, accidents, delays, or weather beyond our contro#. We w"i!l clean up and haul
away all resu#fing debr"is unless otherwise specified. Grinding or removing of stumps
does not include chip cleanup. Grinding or removing stumps wi#1 be extra unless
othervrise specified. Yard damage wiH be minimized. Some depressiotts are
unavoidable itt testing trees and removing trunk wood.
Copy
Authorized
Signature: .~:r~. C~z.~ ` f~
Note: This proposal trtay~ be tvithdra~vn by t>E~
If not accepted within / da~~s.
~Ceeptance of Proposal; The above or attached Signatur
Prices, specifications, and conditions are hereby accepted. You O er
Are authorized to do the work as specified. Payment wilt be made Signature: C
As outlined above. Cantractar
,-- G ~=j~i~~~t:.~..i3 ~~£:.s ~>~'~~'s3~e~u ~~'#!tf~t i~~~a~a'~ 4~~r't~~ i$a5?~~vi~~i~?° s#E ~~??~€ ric,4ia
/~
,a~.ls
~~

Message Page 1 of 1
cemeyerl a~suddenlink.net
To: cyndi.karoly~ncmail.net
Subject: June 2006 photos
These photos show the overflows from the streets and ditches alk~nred to happen since I have owned the property
since 1987. I also have videos. You can see why 1 have had to bring in approx. 35 loads of topsoil to keep
replacing the soil I am losing with each heavy rainfall, let alone the regrading and reseeding necessary to try and
save my property.
47-2U33
.. ~-w ;~ ~...Yd;..~~ pr~
~;
;.~_ ~ ~. 2007
C~
;)tint=: - va~i G~(~ ;.~:~;~.~.~Z,r
~:~m. n~a~';~ , . .
12/1/2007

~:~~a~ ..

~~oz_zo

plow

Message
Page 1 of 1
cemeyer1 sudden I i nk. net
To: cyndi.karoly~ncmail.net
Subject: Current photos 11/29/07
~~ -~ __ -,
These photos show the existing conditions. You can see the dose proximity of the ditches to the house and
shed, as well as the damaged large tree roots, etc, and the shifted ditch channel drainage. Also, the 4 culvert
basin area needs complete redigging and reinforcement to protect the house side of yard which has eroded down
2 to 3 feet from where the height was a year or so ago. This whole basin area has gotten closer and closer to the
house, as well as lower and lower, and gradually overtaking more and rrrore of my yard area. I have lost at least
10 to 12 feet of yard space due to the basin area expanding and encroaching further in and doser to the house
because it has not been protected and reinforced to prevent it from doing so. I have argued this with the City for
years to no avail, and their position now is that DWQ will not allow them to do anything at all, so 1 guess my house
will eventually be swallowed up by this encroachment. This is what I do not understand, and what rights do I have
as a property owner to protect my property from serious damage, when it is obvious what can be and should be
done to stop the damage and protect the property. Something is wrong somewhere within the system, either
Nashville, Raleigh, or Washington, DC. Please tell me where to go to get this resolved.
12/1/2007

b
~~~ r

pt~ i~
,~
,~ A~- ~ :~" , yi

r--
..,
~~
4~
v
4~
J

i
..,a
,~
a i x
s
~~;,^ •' j
'- '~. .{Y
Y.~ih
~ : -~ , ~
;~,
~, i
y
~. ~~ r r
ti Y>
J~'. 1
n,
/ ~ ~.
t '~~' r' c
r E s ,~ ,
~ ~ ~~ ~ E
r ~ ~ e
~..
~` ~
~, < ,~ ,t
k w `~ f
M
'~ y •~''~
~r h
$ Yf ~ d
t ~
t~~ t J fit.
R.,'
s ~ a .
~. s
~ k t'
~&'? . .. '1 ~ ~' ~ei~4
~1 ~ ~ '~ a , ~~ f ~-:~"'!
.ay - ~.
r ~a ~t s ~~
k ~ '~Y ~
~ < ~~ ~ ~,x
4,~
~3s
is
~r
R
t ..
t t ~~~~ ~a
r z ~$ c ~~? ~r,
Z".~ ~ ~ °~ . ,~,
s)~
~~~`
~'q x
~~ ~
~~~
' ~. k ~ k
4 -, tl~^ t
' , .xr'
,_. ,<
.~ i

i va
F
I3