20072033 Ver 1_Emails_20080130

Demonstration of need for avariance--Part 2
Subject: Demonstration of need for avariance--Part 2
From: <[e-mail]>
Date: Sat, 22 Dec 2007 08:41:01 -0500
To: <[e-mail]>
o ~~~I~ p
JAN 3 0 2008
DENR - WATER QUAUT'i`
y11ETlpNDS AND STDRMWATEk BRANCH
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 property. 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 me in
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 curbing was installed in Sept.,
2007 to finally protect the street frontage of my property. Some additional work needs to be done
to protect 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 I have no knowledge of the criteria to determine a ditch from a stream, and I
accept that ruling.
The shorter ditch on my 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 structure of a large 100 foot tall tree which I am trying to save from
destruction. Street water overflow coming to this exact pipe exit location, coupled with the pipes
dumping massive water amounts at this location coming from the neighbor's yard when raining, presents
1 of 3 1/28/2008 11:04 AM

Demonstration of need for avariance--Part 2
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 171arge trees I
had to remove in 2003, at a cost to me of $3,500. The loss of these trees was directly related to street
water flooding and ditch overflows, year after year, with nothing being done to protect this from
happening. The City was well aware of this situation, and in fact 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 close to the root structures, 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 utility lines.
I have asked the City to reimburse me for the cost of removing these trees, and they have told me 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).
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 culvert 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 I have had many discussions about this over the years, and nothing has been done
to stabilize 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 Yarnell, that the 50 foot buffer requirements would come into play regarding the
streams. I also understand from Kevin Yarnell that the geography, topography, size, shape, proximity,
etc. of my specific lot/property 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 lived here, I have spent about $18,000
making repairs, and replacing topsoil, (about 35 truckloads), spreading, reseeding, and trying to save my
yard, property and house. I could provide you with much documentation, photos, letters, surveys, etc.
regarding the history of damages associated with this property location, if you so desire. Damage from
Hurricane Floyd in 1999 caused approximately $9,000 of instant damages. FEMA and ACOE field
inspection teams came to this property location and were astonished at the lack of drainage and flooding
protection, especially 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
2 of 3 1/28/2008 11:04 AM

Demonstration of need for avariance--Part 2
damaged during the Floyd 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 Officials 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 property 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 my property rather than the
result of conditions that are widespread.
In my opinion, and it would be my specific request if allowed, 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 Yarnell of Stocks Engineering is the City Engineer and submitted the original information seeking
a permit to do certain things in the neighborhood back 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 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 attention to these matters, and I look forward to hearing from you.
Covert E. Meyer
812 Beechtree Drive
Nashville, N.C 27856
252-459-7668
cemeyerl (a,suddenlink.net
3 of 3 1/28/2008 11:04 AM

Description of Drainage System for 812 Beechtree Dr., Nashville, NC...
Subject: Description of Drainage System for 812 Beechtree Dr., Nashville, NC, owners Covert &
Yvonne Meyer
From: <[e-mail]>
Date: Sat, 22 Dec 2007 10:06:14 -0500
To: <[e-mail]>
A 24 inch underground pipe enters the front yard ditch, coming from underground the Birchwood Country
Club Parking Lot, underneath the paved street named Beechtree Drive. This 24 inch pipe is an extension
of piping backing up to various underground piping on the Golf Course, measuring in the hundreds of feet,
and being there for many, many, years. This piping ends in my front yard area, then beginning to be an
open ditch down approximately 80-90 feet to a basin area, before draining into (4) concrete 30 inch
culverts, underneath a paved street named Birchwood Drive, into a pond, called Joyner's Pond.
(2) underground 18 inch plastic pipes, (side by side), enters my back yard, coming from the neighbor's
yard, backing up to a concrete drain box underground, backing up underground the paved street named
Birchwood Drive, connecting to other underground piping on the other side of the paved street. This piping
ends in my back yard, then beginning to be an open ditch down approximately 40-48 feet to the same
basin area as described for the other ditch above. This ditch is 20 feet from the corner edge of my storage
shed.
Both of these ditches have "grown-migrated" in size and dimensions over the years, from approximately
3-4 feet wide to the current 10-12 feet wide due to erosion and heavy rainfall coming to these ditches. I
have lost 17 large trees so far due to erosion and other damage, and am trying to save the remaining trees
from destruction.
As a layperson, one question I have always had, is, pipes bring the water to my yard, and pipes take the
water away from my yard, but in the middle of my yard are ditches which cannot be piped because they are
identified as "streams". So I think a reasonable question is, why is it not okay to pipe the open ditch areas
in between the piped areas coming to my property? What "real" negative impact could this have by doing
this?
In addition, I am told that the 50 foot buffer rules associated with streams, cannot be accomplished with
the streams on my property because of the physical and geographical limitations of the property itself, in
relation to the street and house locations on the property itself, and that this circumstance peculiar to the
property, is one of the reasons to be considered for a variance. This is my understanding--I do not know
the statutes.
I am providing this email for informational purposes only, if it can be helpful in better understanding the
specific circumstances surrounding my request for a variance to be considered in this case.
Thanks for your help and understanding.
Covert Meyer 12/22/07
1 of 14 1/28/2008 11:04 AM

Dec 24 07 06:50a Covert Meyer
Message
cemeyerl ~suddenlink.net
To; Tom Reeder
252-459-7668 p.2
Page 1 of 1
Subject: Tom Reeder-DWQ Project X2007 2033, Nash County, Covert Meyer, 8'42 Beechtree Dr.,Nashvifle,
NC
Paragraph describing reason for variance request:
Storm water-and street water comes to my property via underground piping and normal gravity
street draining. Large underground piping brings water to open ditches in the front and back of
my property. The open ditches converge at a basin area before continuing through (4) 30 inch
culverts leading to a pond My request is to extend-continue the piping coming into the
open ditches further down the ditch lines to a point near the basin collection area. Simply, to
install pipe ira, and to cover over, the existing open ditches to prevent overflow and soil erosion
damaging to my property. In addition, to allow work to be done to shore up and stabilize the
basin area to prevent further erosion from occurring. Length of ditches impacted would be
approximately 42 feet far the shorter ditch, and t32 feet for the longer ditch.
The property plat dated June 'l, 1987 does not show a 92' X 96' storage shed built in 1998. I
have marked up a copy of the plat to show shed location for your information, which is 20 feet
from the incoming pipes, which is the major dangerldamaging point regarding flooding and
erosion.
Covert Meyer 92/24/07
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12/24/2007

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POST QFFICE 80'X 7805
ROCKY MOUNT, NORTH CAAOLINA
27804-7605
THOMAS W. KING
ATIORNEYAT LAW
rune 17, 1987
Mr, and Mrs. Covert E. Meyer
812 Beechtree Drive
Nashville, North Carolina 27$56
'Re; Loan with First Wachovia
llear. Pfr . and N~rs . Meyer
252-459-7668 p.5
163 S. WINSTEAn AVENUE
WESTAIbGE OFFICE CENTER
(919} 443-01t~
Enclosed for your records relative to the above--captioned
transaction, please find the followincx:
1. Deed dated June 1, 1987 frown Donald H. Smith and wife,
Charlotte P_ Smith to Covert E. Meyer and wife, Yvonne D.
yleyer, recorded on June 12, 1987 at 1:48 p,m, in Book 1225,
Page: 840, Nash County Registry.
2, Copy of Deed of Trust dated June 12, 1987 from Covert
E. Myer and wife, Yvonne D. Meyer to Jaseghine M. Brown,
Trustee for First Wachovia Mortgage Coripany, recarded on June
12, 1987 at 1:48 p.m, in Book 1225, Page 842, Nash County
Registry_
''The title insurance final certificate has beer forwarded
to First Title Insurance Company and you should be receiving
your'!final policy within a few days,
if you have any questions concerning the enclosed docu-
ments, please do not hesitate to contact me.
4Jith kindest personal regards, I remain
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Sincerely yours, `
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Dec 2~r 07 06:51a Covert Meyer 252-459-7668 p.6
• -----_ _, .........................._.......................................... vuuuly vll ule .......... .nay OI
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~3ail after recording to ..............Thomas W, King; P. 0, ]iox 7805.,. Rocky Mount,., NC,.27804.......___ ,
............
1a Instrument wa,
' s prepared by .........Ihflntas..W_...~ing,...Attorney...at..Law .....................
Brief description for the Index
NC~RT~-I CAROLINA GENERAL WARRA.~1Ty DEED
TKIS DEED made this ...~.St...... day of ...........Tune,,,, ............. IJ.. 8.7...... by and between
Enter in appropriate btoek Eor each party: Dame, address, and, if appropriate, character of entity, e.q. corporation or partnership.
The designation Grantor and lirantee as used herein shall include said parties, their heirs, successors, and assigns, and
shall include singular, plural, masculine, feminine or neuter as required by context.
WITNESSETH, that the Grantor, #or a caluable consideration paid by the Grantee, the receipt of K•hich is hereby
acknowledged, has and by these presents does grant, bargain, sell and convey unto the Grantee in fee simple, all that
certain lot ar parcel of land situated in the City of ....Nashvi•lle - • '• •• •••••~~ •••••• , •...........NZShville ,,. • . ,• 4'ownship,
:.............Nash....................... County, North Carolina and more particularly described ns fg1.1o1~ a:. -
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ICNOyJN-as 812-:.Baeohtree; Rtia3,. ;Nash~i.l'_e, tti*ash CQUn:ty, 1`?oLth c:<-irn].i:na.
B~GINI3ING at' an iron stake in •the eastern prapest,~ ,' ine of i3e~c?~t:rce
Pond _ 1 S3 , 9 i=2et southerly ~zom its ntexsection crit}~ tl:e' sn7at_hE ~-n
propert:~~ l~ne~o~ Bircki~aood<Dx•ive,, ba',,.kr prope~t~ liter. k~e~~.*~g-,~vtr`r.cl~~d;, ~ ,
thence `along the diuic3ing lzne. bet~veeri hots i`Io: 't~ and 8 as sSic~c~r~, Gn map
hereinafter referred to, Is: g3° 14' 'W. 1'3.5 fee~~ to an iron "~.take:~:~:n the
eastern`line of Spot Na, 6;'thence a3ong the eastern line of Lot'1`1a: b, N.:
06 °` 46' ;E. 163 fees ta'- an zoo stake'. in the sa~stlnern property lobe, ~i:
Bir_ chwaoid Drive; :::thence along tY~e southern property 1 i~ne of '.BaYchwoacl
Dr.:ve,: ,S: ;85° 35.r: E 5:7 3 feet -to. a :stake,. the*ice contnui:ncr along, -~a.cl
`: .line, S.~ 716°. 35r'.E 73' 26 :feet:::to a ,take, thence S. 34° 54': E 37.36
feet tb azti~.: iron stake .:iTi .the. easterri.:liiie of Beech'txee Road; thence, a].org
the eastern property line of Beecht:ree Road; `S. 06° 4G" W: 128.g::fe~t..to
the point iof beginning, and BEING Lot No. 7, Block B, as shown tin map of
Birchwood 'Homes as prepared by Dasher & Davis, Engineers, dated September
21, 1960 a!nd revised October ?, 1965 and December 14, 1965, and recorded
in Map BooJc 7, Page 114, Nash County Registry.
N.C. Sar Assoc. Form \To. 3 a1197i. Nevi se4 197T. pr~{~r __~n't; ~~~
PnMaG EJ Ayrs. mt vwM i-s N C. ON Aaoc.M4 UC::1T ~~~/.',i ' '' ~ (:.

Dec 24c07 06 51a _ _ Covert Meyer - - 252-459-7668 p.7
TO HAVE AND TO SOLD the aforesaid lot or parcel of land and all privileges and appurtenances thereto belonging.. to
the Grantee in fee ailrlple.
And the Grantor covenants with the Crantee, that Grantor is seized of the premises in fee simple, has the right to conve}~
the same in fee simple, that title is marketable and tree and clear of atl encumbrances, and that Grantor will warrant and
cefend the title against the lawful claims of all persons whomsoever except for the exceptions hereinafter stated.
Title to the property hereinabove described is subject to the following exceptions;
i)'i AfITNESS Wf3BRBOF, the Grantor ban hereunto set his band and seal, or It corporate, bas caused tb)s ilistrufnent to be sitned in Its
corporate name by its duly
above written. ~ antbori=ed officers and ita seal to be hereunto affixed by authority o! to Boar of Directors, the day and year lira
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S[:AL-5 TAMP NORTH CAROLINA, .,________~~Sh___________________Conlxty.
y I, a Notary Publlo of tho County and State aforesaid, certify that Donald li. Smith_ and__.
-------
--------------------

n iC 1t~ 77 7 %lr~ ~ wife Charlotte P Srnith _______________________________________ Orancer,
x ______.7______....._________..J__________________________________
PiG'tA;?'i PU$LIC ~ personally appeared before me this day and aekaowtedSed the execution o! the foretoint instrument Wttness my
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7 baod and official stamp or seal, ilia ._______ day of ____ ____-_..________
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MY commission expirbs: _________________________ __ _ ____ ___ __ __
SEAL-STAMP NORTH CAROLINA, ___...____________________________LOnnty.
1, a Notary Pnblit of the Cdabty and State aloresaid, certafy tlut _________________________________________,
yf personally came before me this day and aeknowledred that „___ be 1t ___________________________ Secretary of
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Y ._~____________________________________________________ a NofKb Caroitna eorPOrat3on, and that by authority duly
slven'ariQ~ as the act of [lie ~ro~tporation, the foreXola[ tastrtrruent e-as sfFr1M in hs name by Its _______________
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w I•reslde nt• sealed with Its corporate seal and attested by ___________ as its ___________________________ See re terry.
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Witness my hand and offlcLzl stamp or seal, flits _______day of __________________________• 19________.
Dfy corfomrsslon exDlres: ______--__________________-__°- -__°___ Notary Public
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N .GAREi 8 DUUGM71 REGIS iEA Or DEEDS
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[Fwd: Description of Drainage System for 812 Beechtree Dr., Nashvi...
Subject: [Fwd: Description of Drainage System for 812 Beechtree Dr., Nashville, NC, owners Covert & Yvonne Meyer]
From: Tom Reeder <[e-mail]>
Date: Thu, 27 Dec 2007 14:33:05 -0500
To: Amy Chapman <[e-mail]>
Here is the other. Thanks again.
Subject: Description of Drainage System for 812 Beechtree Dr., Nashville, NC, owners Covert & Yvonne Meyer
From: <[e-mail]
Date: Sat, 22 Dec 2007 10:06:14 -0500
To: <[e-mail]>
A 24 inch underground pipe enters the front yard ditch, coming from underground the Birchwood Country Club Parking Lot, underneath the paved street
named Beechtree Drive. This 24 inch pipe is an extension of piping backing up to various underground piping on the Golf Course, measuring in the
hundreds of feet, and being there for many, many, years. This piping ends in my front yard area, then beginning to be an open ditch down approximately
80-90 feet to a basin area, before draining into (4) concrete 30 inch culverts, underneath a paved street named Birchwood Drive, into a pond, called
Joyner's Pond.
(2) underground 18 inch plastic pipes, (side by side), enters my back yard, coming from the neighbor's yard, backing up to a concrete drain box
underground, backing up underground the paved street named Birchwood Drive, connecting to other underground piping on the other side of the paved
street. This piping ends in my back yard, then beginning to be an open ditch down approximately 40-48 feet to the same basin area as described for the
other ditch above. This ditch is 20 feet from the corner edge of my storage shed.
Both of these ditches have "grown-migrated" in size and dimensions over the years, from approximately 3-4 feet wide to the current 10-12 feet wide due
to erosion and heavy rainfall coming to these ditches. I have lost 17 large trees so far due to erosion and other damage, and am trying to save the
remaining trees from destruction.
As a layperson, one question I have always had, is, pipes bring the water to my yard, and pipes take the water away from my yard, but in the middle of
my yard are ditches which cannot be piped because they are identified as "streams". So I think a reasonable question is, why is it not okay to pipe the
open ditch areas in between the piped areas coming to my property? What "real" negative impact could this have by doing this?
In addition, I am told that the 50 foot buffer rules associated with streams, cannot be accomplished with the streams on my property because of the
physical and geographical limitations of the property itself, in relation to the street and house locations on the property itself, and that this circumstance
peculiar to the property, is one of the reasons to be considered for a variance. This is my understanding--I do not know the statutes.
I am providing this email for informational purposes only, if it can be helpful in better understanding the specific circumstances surrounding my request
for a variance to be considered in this case.
Thanks for your help and understanding.
Covert Meyer 12/22/07
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