SW8991121_HISTORICAL FILE_20000822

STORMWATER DIVISION CODING SHEET
POST -CONSTRUCTION PERMITS
PERMIT NO. SW
DOC TYPE El CURRENT PERMIT
❑ APPROVED PLANS
HISTORICAL FILE
❑ COMPLIANCE EVALUATION INSPECTION
DOC DATE
YYYYMMDD

'_L� !+il Ilrc_ i i':'J lS.Y. !i� _Jn�#y
JAI11���_
r
FAX Transmittal
Cover Sheet
Stroud Enaineerinq, P. A.
Hestron Plaza Two, Suite A
1 51-A' Hwy. 24
Morehead City, North Carolina 28557
TEL. No.: '[phone].
FAX: [phone]
I Date: --pa 1 Job No.: I
#Of Pages (including Cover Sheet):-
Project: �J A. P /N % I F /'f J
From:
To:
Attention:
_
FAX #1202
Remarks:
Transmitted as checked below:
❑ As Discussed ❑ As Requested
❑ For Your Review Cl For Comment
Pr For Your Information 0 Original to Follow in Mail
Cl For Bids Due--
❑ For Approval
0 For your use
2000
107 Commerce. Street 3961-A Market Street Hestron Plata Two, Suite A
Suite B Suite A 151-A Hwy, 24
Greenville, K C. 27858 Wilmington, N. C. 28403 Morehead City, N. C. 28557
[phone] [phone] . [phone]

Lis .%? ClU .TUE ,.;' hM T"C;H �E G HER K tiAIX lug, 2-^2Q i�$O� Jc
ti r
STROUD ENGINEERING, P.A.
HESTRON PLA7ATWO
151-A H141Y. 24
MOREHEAD CITY. NORTH CAROLINA 28557
[phone]
August 22, 2000
Linda Lewis
NCDENR
Division of Water Quality
127 Cardinal Drive Ext,
Wilmington, NC 28405
RE; Stormwater Project NO. SW8 991121
Bluffs View
Dear Linda,
This letter is to inform you of the improvements at Bluffs View to comply with the
above noted permit. The required actions have been taken to resolve the
necessary issues. The pond slopes have been sodded and the orifice is no
longer piped into the 18" outlet pipe. The materials to construct the trash rack
have been ordered and should be in place by the end of the month. If you have
any additional questions or concerns, please contact Ginger Turner at (252) 247-
7479.
lnce
pytig .1�
ti
Ronald D. Cullipher, P.E. S
1
%1 Qr.
107 COMMERCE ST, 3951 A MARKCT ST. HESTRON PLAZA Two
SUITE 8 SUITE A 161-A HWY. 24
GREENVILLE. NC 27856 WILMINGTON, NC 28403 MOREHEAD CITY, NC 28557
[phone] [phone] [phone]

/1
Hi, Brian,
March 20, 2000
Attached is the documentation associated with a stormwater project called Bluffs View in
Carteret County. A nearby neighbor by the name of Mr. Robert Shaw takes issue with the
project. In fact, he has requested that the Director rescind the permit because of wetlands that he
says are located on the property, were not included as part of the stormwater application as
required, and this alleged negligence (on the part of the engineer who completed the application,
he says ) constitutes a basis for revoking the permit.
Joanne Steenhuis, our wetland's specialist, and Jeff Richter with the USACOE visited the site in
question and did NOT observe the presence of jurisdictional wetlands on the site that is the object
of Mr. Shaw's objections. As yet, therefore, I see no basis to recommend to the Director that we
rescind this permit.
However, I did tell Mr. Shaw that I would forward this matter to the AGO's attention for their
review and continent to make sure that 1 didn't miss something important. I know that anybody
can contest an agency decision, I just don't know the basis for third party appeal.
If you'd give me a call when you receive this, I would appreciate it. Rick Shiver. 910.395.3900
x216.

March 20, 2000
Hi, Brian,
Attached is the documentation associated with a stormwater project called Bluffs View in
Carteret County. A nearby neighbor by the name of Mr. Robert Shaw takes issue with the
project. In fact, he has requested that the Director rescind the permit because of wetlands that he
says are located on the property, were not included as part of the stormwater application as
required, and this alleged negligence (on the part of the engineer who completed the application,
he says ) constitutes a basis for revoking the permit.
Joanne Steenhuis, our wetland's specialist, and Jeff Richter with the USACOE visited the site in
question and did NOT observe the presence of jurisdictional wetlands on the site that is the object
of Mr. Shaw's objections. As yet, therefore, I see no basis to recommend to the Director that we
rescind this permit.
However, I did tell Mr. Shaw that I would forward this matter to the AGO's attention for their
review and continent to make sure that I didn't miss something important. I know that anybody
can contest an agency decision, I just don't know the basis for third party appeal.
If you'd give me a call when you receive this, I would appreciate it. Rick Shiver. 910.395.3900
x216.

Siate of North Carolina
Department of Eavironment
and Natural Resources
Wilmington Regional Office
.James B. Hunt, .Jr., Governor
Bill Holman, Secretary
Division of Water Quality
February 14.2000
Mr. Scott McMillan. General Partner
Waller -McMillan Partners
c/o Gull Isle Realty_
PO Drawer 550
Atlantic Beach, NC 285121
Subject: Permit No. SW8 991121
BIuff s View
Hieh Density Stormwater Proiect
Carteret County
Dear Mr. Mciblillan:
The Wilmington Regional Office received a complete StormwaterManagement Permit Application for Bluffs View
on January 19, 2000. Staff review of the plans and specifications has determined that the project, as proposed, will
comply with the Stormwater, Regulations set forth in Title 1 5A NCAC 2H.1000. We are forwarding Permit No.
SWS 991121 dated February 14, 2000, for the construction of Bluffs View.
This permit shall be effective from the date of issuance until February 14, 2010, and shall be subject to the
conditions and limitations as specified therein. Please pay special attention to the Operation and Maintenance
requirements in this permit. Failure to establish an adequate system for operation and maintenance of the stormwater
management system will result in future compliance problems.
If any parts_ requirements, or limitations contained in this permit are unacceptable, you have the right to request an
adjudicatory hearing upon written request within thirty (30) days following receipt of this permit. This request must
be in the form of a written petition, conforming to Chapter 150B of the North Carolina General Statutes, and filed
with the Office of Administrative Hearings, P.O. Drawer 1-7447, Raleigh, NC 27611-7447. Unless such demands
are made this permit shall be final and binding.
If you have any questions, or need additional information concerning this matter, please contact Linda Lewis, or
me at [phone].
Sincerely,
Rick Shiver
Water Quality_ Regional Supervisor
RSS/arl: S:IWQSISTORtiIWAT1PER:yII D991 12I.FEB
cc: Ron Cullipher, P.E.
Katrina Marshall- Carteret County Inspections
Linda Lewis
Wilmin--ton Regional Office
Central Files v
i, Cardinal Dr. Est_, Wilmington, North Carolina Z5403 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled1l0 ,. post-consurnf r -­

State Stormwate: ytanagernent Systerns
Permit No. SW3 991121
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
STATE STORIY[W ATER MANAGEMENT PER -MIT
HIGH DENSITY DEVELOPMENT
In accordance with the provisions of Arricle 21 or Chapter 143, General Statutes of North Caroiina as amended, and
other applicable laws. Rules, and Regulations
PERMISSION IS HEREBY GRANTED TO
Waller- lvfcMillan .Partners
Bluffs View
Carteret County
FOR THE
construction, operation and maintenance of a wet detention pond in compliance with the provisions of 15A NCAC
2H .1000 (hereafter referred to as the "stormwater rzrles') and the approved stormwater management plans and
specif cations and other supporting data as attached and on file with and approved by the Division of Water Quality
and considered a part of this permit.
This permit shall be effective from the date of issuance until February 14, 2010 and shall be subjeci to the following
specified conditions and limitations:
L DESIGN STANDARDS
1. This permit is eff ctive only with respect to the nature and volume of stormwater described in the
application and other supporting data.
2. This stormwater system has been approved for the management of stormwater runoff as described on page
3 of this permit, the Project Data Sheet. The stormwater control has been designed to handle the runoff from
37,013 square feet of impervious area.
3. Approved plans and specifications for this project are incorporated by reference and are enforceable pans
of the permit.
1. The tract will be limited to the amount of built -upon area indicated on page 3 of this permit. and per
approved plans.
2

E
State Stormwate: Management Systems
Permit No_ SWS 991121
DIVISION OF WATER QUALITY
PROJECT DESIGN DATA SHEET
Project Name:
Bluffs View
Permit Number:
SWS 90,1121
Location:
Carteret County
Applicant:
ivtr. Scott Mc.Vlillan, General Partner
Mailing Address:
Waller -McMillan Partners
c/o Gull Isle Realty
PO Drawer 550
Atlantic Beach. NC 23512
Application Date:
January 19, 2000
Name of Receiving Strearn/lndex `:
Peltier Cre-_c / (WHO 20-36-11)
Classification of Water Body:
"SB_"
If Class SA, chloride sampling results:
n/a
Pond Depth, feet:
4 F.
Permanent Pool Elevation, F1V1SL:
6.5 .f
Drainage Area, acres:
L72
Total Impervious Surfaces, ft-:
�7,013
Offsite Area entering Pond, W:
n/a
Required Surface Area, ft-.
3,186
Provided Surfac-_ Area, fr":
3,279
Required Storage Volume, ft3:
3,088
Provided Storage Volume, ft3:
4,108
Temporary Storage Elevation, Fy1SL:
7.5
Controlling Orifice:
1 "� pipe
3

State Stormwater Management Systems
Permit No. SW$ 991121
II. SCHEDULE OF COMPLLANCE
The stormwater management system shall be constructed in it's entirety, vegetated and operational for its
intended use prior to the construction of any built -upon surface.
?. During construction, erosion shall be kept to a minimum and any eroded areas of the system will be repaired
immediately.
The permittee shall at all times provide the operation and rnaintenanc-- necessary to assure the permitted
stormwater system functions at optimum efficiency. The approved Operation and Maintenance Plan must
be followed in its entirety and maintenance must occur at the scheduled intervals including, but not limited
to:
a. Semiannual scheduled inspections (every 6 months).
b. Sediment removal.
C. Mowing and revegetation of side slopes.
d. Immediate repair of eroded areas.
e. Maintenance of side slopes in accordance with approved plans and specifications.
f. Debris removal and unclogging of outlet structure. orifice device and catch basins and piping.
R. access to the outlet structure must be available at all times.
4. Records of maintenance activities must be kept and made available upon request to authorized personnel
of D WQ. The records will indicate the date, activity, name of person performing the work and what actions
were taken.
Decorative spray fountains will not be allowed in the stormwater treatment system.
6. The facilities shall be constructed as shown on the approved plans. This permit shall become voidable unless
the facilities are constructed in accordance with the conditions of this permit, the approved plans and
specifications, and other supporting data.
upon completion of construction, prior to issuance of a Certificate of Occupancy, and prior to operation of
this permitted facility, a certification must be received from an appropriate designer for the system installed
certifying that the permitted facility has been installed in accordance with this permit; the approved plans
and specifications, and other supporting documentation. Any deviations from the approved plans and
specifications must be noted on the Certification.
If the stormwater system was used as an Erosion Control device, it must be restored to design condition prior
to operation as a stormwater treatment device, and prior to occupancy of the facility.
9. The folIowina items will require a modification to the permit:
a. Any revision to the approved plans. regardless of size.
b. Project name change.
C. Transfer of ownership.
d. Redesign or addition to the approved amount of built -upon area.
e. Further subdivision, acquisition, or sale of the project area. The project area is defined as all property
owned by the pe=lnee, for which Sedimentation and Erosion Control Plan approval was sought.
f. Filling in; altering, or piping of anv vegetative conveyance shown on the approved plan.
10. The Director may determine that other revisions to the project should require a modification to the pe.. 't.
44

State Stornwater Management Systems
Permit No. SWS 991121
11. A copy of the approved plans and specifications shall be maintained on file by the Permute-- for a minimum
of ten years from the date of the completion of construction.
12. Prior to the sale of any portion of the property, an access/maintenance easement to the stormwater facilities
shall be granted in favor of the permittee if access to the stormwater facilities will be restricted by the sale
of any portion of the property.
13. The perrrzittee is responsible for verifying that the proposed built -upon area does not exceed the allowable
built -upon area.
14. The runoff from all built -upon area on the project must be directed into the permitted stormwater control
system.
15. The Director may.notify the permittee when the permitted site does not meet one or more of the minimum
requirements or the permit. Within the time frame specified in the notice, the permittee shall submit a written
time schedule to the Director for modifying the site to meet minimtun requirements. The permittee shall
provide copies of revised plans and certification in writing to the Director that the changes have been made.
III. GENERAL CONDITIONS
This permit is not transferable. In the event there is a desire for the facilities to change ownership, or there
is a name change of the Permittee, a formal permit request must be submitted to the Division of Water
Quality accompanied by an application fee, documentation from the parties involved, and other supporting
materials as may be appropriate. The approval of this request will be considered on its merits and may or
may not be approved.
Failure to abide by the conditions and limitations contained in this permit may subject the Permittee to
enforcement action by the Division of Water Quality, in accordance with North Carolina General Statute
143-215.6A to 143-215.6C.
The issuance of this permit does not preclude the Permittee from complying with any and all statutes, rules,
regulations, or ordinances which may be imposed by other government agencies (local, state, and federal)
which have j urisdiction.
4. In the event that the facilities fail to perform satisfactorily, inciuding the creation of nuisance conditions,
the Pernlittee shall take immediate corrective action, including those as may be required by this Division,
such as the construction of additional or replacement stormwater management systems.
5. The permittee grants DENR Staff permission to enter the property for the purpose of inspecting all
components of the permitted stormwater management facility.
6. The permit may be modified, revoked and reissued or terminated for cause. The frlina of a request for a
permit modification, revocation and reissuance or termination does not stav any permit condition.
Permit issued this the 14th day of February, 2000.
NORTH CAROLNA EWIRONIIENTAL M.MNAGEMENT COMMISSION
r' Kerr T. Stevens, Director
y Division of Water Quality
By Authoritv of the Environmental V1anaement Commission
Permit dumber SWS 991121

State Stormwater IManaQement Systems
Permit No, SW8 991 121
Bluffs View
Stormwater Permit No. SW8 991121
Carteret County
Designer's Certification
I, as a duly registered in
the State of North Carolina, having been authorized to observe (periodically/weeklylfull time) the construction of
the project,
(Protect)
for _ (Project Owner) hereby state that, to the best of my abilities, due care
and diligence was used in the observation of the project construction such that the construction was observed to be
built within substantial compliance and intent of the approved plans and specifications.
The checklist of items on page 2 of this form is included in the Ce tification.
Noted deviations from approved plans and specification:
Signature
Registration Number
Date
SEAL
I

State Stormwater Management Systems
Permit No_ SWS 991121
Certification Requirements:
1. The drainage area to the system contains approximately the permitted acreage.
2. The drainage area to the system contains no more than the permitted arnount of built -upon area.
3. All the built -upon area associated with the project is graded such that the nmoff drains to the systern.
4. The outlet/bypass structure elevations are pez the approved plan.
5. The outlet structure is located per the approved plans.
6. Trash rack is provided on the outletlbypass structure.
7. All slopes are grassed with permanent vegetation.
S. Vegetated slopes are no steeper than 3:1.
9. The inlets are located per the approved plans and do not cause short-circuiting of the system.
10. The permitted amounts of surface area and/or volume have been provided.
11. Required drawdown devices are correctly sized per the approved plans.
12. All required design depths are provided.
13. All required parts of the system are provided. such as a vegetated shelf; and a forebay.
14. The overall dimensions of the system, as shown on the approved plans, are provided.
cc: NCDENR-DWQ Regional Office
Katrina Marshall, Carteret County Building Inspector
7

State of North Carolina
Department of Environment and Natural Resources
Division of Water Quality
STORIVIWATER MANAGEMENT PERMIT APPLICATION FORM
This form may be photocopied for use as an original
L GENERAL INFORMATION
I. Applicants name (specify the name of the corporation, individual, etc. who owns the project):
l' f�-. I I--:)
2. Print Owner/Signing Official's name and title (person legally responsible for facility and compliance):
3. Mailing Address for person listed in item 2 above:
J
City: A- Ic�YLti I ' CC t" # L State: iV Zio: 2
Telephone Number: L2 2 r7Q5- C4r27
4. Project Name (subdivision, facility, or establishment name -should be consistent with project naune on
plans, specifications, letters, operation and maintenance agreements, etc.):
'b' ,A' '
vL
5. Location of Project (street address):
City: fV1D eh G. County: C�z� V_e T
6. Directions to project (from nearest major intersection):
70
'I le
7.
Latitude:_ _- (lam' "47 -7- Longitude:_ of project
8. Contact person who can answer questions about the project:
Name: S'cf+ �j ��_ I (-4,1� __ Telephone Telephone Number: (2 21 7% L Z�
II. PERMIT INFORMMATION:
I. Specify whether project is (check one): New Renewal Modification
Form SWU_ 10 i Version 3.99 P:3ge I of d

7. How was the off -site impervious area listed above derived?�+1ki A
IV. DEED RESTRICTIONS AND PROTECTIVE COVENANTS
The following italicized deed restrictions and protective covenants are required to be recorded for all
subdivisions, outparcels and future development prior to the sale of any lot. If lot sizes vary significantly, a
table listing each lot number, size and the allowable built -upon area for each lot must be provided as an
attach. meet.
1. The following covenants are intended to ensure ongoing compliance with state stormwater management permit
number �^ _ _ as issued by the Division of Water Quality. These covenants may
not be changed or deleted without the consent of the State.
2. No more than square feet of any lot"shall be covered by structures or impervious materials.
Impervious materials include asphalt, gravel, concrete, brick, stone, slate or similar material but do not include wood
decking or the water surface of swimming pools.
3. Swales shall not be filled in, piped, or altered except as necessary to provide driveway crossings.
Built -upon area in excess of the permitted amount requires astute stormwater management permit mcdijication pricr to
constniction.
5. All permitted runoff from outparcels or future development shall be directed into the permitted stormwater control
system. These connections to the stormwater control system shall be performed in a manner that maintains the
integrity and performance of the system as permitted.
By your signature below, you certify that the recorded deed restrictions and protective covenants for this project
shall include all the applicable items required above, that the covenants will be binding on all parties and
persons claiming under them, that they will run with the land, that the required covenants cannot be changed or
deleted without concurrence from the State, and that they will be recorded prior to the sale of any lot.
V. SUPPLEMENT FORMS
The applicable state stormwater management permit supplement form(s) listed below must be submitted for
each BMP specified for this project. Contact the Stormwater and General Permits Unit at [phone] for the
status and availability of these forms.
Form SWU-102
Wet Detention Basin Supplement
Form SWU-103
Infiltration Basin,Supplement
FormSWU-104
Low Density Supplement
Form SWU-105
Curb Outlet System Supplement
Form SWU-106
Off -Site System Supplement
Form SM-107
Underground Infiltration Trench Supplement
Form SWU-108
Neuse River Basin Supplement
Form SWU-109
Innovative Best Management Practice Supplement
Form SWU-101 Version 3.99 Page 3 of 4

Permit No.
(to be provided by DWQ)
State of North Carolina
Department of Environment and Natural Resources
Division of Water Quality
STORMWATER MANAGEMENT PERMIT APPLICATION FORM
WET DETENTION BASIN SUPPLEMENT
This form may be photocopied for use as an original
QWQ Stormwater Management Plan Review:
A complete stormwater management plan submittal includes an application form, a wet detention basin
supplement for each basin, design calculations, and plans and specifications showing all basin and outlet
structure details.
I. PROJE, CT INFORMATION
Project Name:
Contact Person: _ `CD+* mc�C i Lin Phone Number:
For proiects with multiple basins, specify which basin this worisheet applies to: WA
elevations
Basin Bottom Elevation
Permanent Pool Elevation
Temporary Pool Elevation
areas
L.S
�a• S ft.
Permanent Pool S urface Area 3 2- -7 5 - - sq. ft.
Drainage Area 1 . 72 ac.
Impervious Area 3-7 6 , 3 s1A
(floor of the basin)
(elevation of the orifice)
(elevation of the discharge structure overflow)
(water surface area at the orifice elevation)
(on -site and off -site drainage to the basin)
(on -site and off -site drainage to the basin)
volumes
Permanent Pool Volume S cu. ft. (combined volume of main basin and forebay)
Temporary Pool Volume 41 0 cu. ft. (volume detained above the permanent pool)
Forebay Volume 14 cu. ft. (approximately 2017a of total volume)
Other parameters
SA/DAI _� j. (surface area to drainage area ratio from DWQ table)
Diameter of Orifice _ _� in. (2 to 5 day temporary pool draw -down required)
Design Rainfall i in.
Design TSS Removal' Cl � °'o (minimum 85% required)
Form SWU-IO? Rev 3.99 Page t of 4

Maintenance activities shall be performed as follows:
1. After every significant runoff producing rainfall event and at least monthly:
a. Inspect the wet detention basin system for sediment accumulation, erosion, trash accumulation,
vegetated cover, and general condition.
b. Check and clear the orifice of any obstructions such that drawdown of the temporary pool occurs
within 2 to 5 days as designed:-
2. Repair eroded areas immediately, re -seed as necessary to maintain good vegetative cover, mow vegetative
cover to maintain a maximum height of -six inches, and remove trash as needed.
3. Inspect and repair the collection system (i.e. catch basins, piping, swales, r1prao, ere-) auarteriv to
maintain proper. functioning.
4. Remove accumulated sediment from -the wet detention basin system semi-annuaIIy or when depth is
reduced to 75% of the original design depth (see diagraam below). Removed sediment shall be disposed
of in an appropriate manner and shall be handled in a manner that will not adversely impact water quality
(i.e. stockpiling near a wet detention basin or stream, etc.).
The measuring device used to determine the sediment elevation shall be such that it will give an accurate
depth reading and not readily penetrate into accumulated sediments_
When the permanent pool depth reads feet in the main pond, the sediment shall be removed.
When the permanent pool depth reads 2 feet in the forebay, the sediment shall .belmmoyved e,..
e •
4 f J
-
BASIN DIAGRAM-
U11 in the blanksir
'
0 Permanent Pool Elevation '0'T
Sediment Re oval El.4. 2 D 75 0
--------------- -- o Sediment Removal Elevation 5-� 75%,
rn--------------------------------------------- -
Bottom Ele ation � I -------
Bottom Elevation + 255, /
FOREBAY MAIN POND
5. Remove cattails and other indigenous wetland plants when they cover 50% of the basin surface. These
plants shall be encouraged to grow along the vegetated shelf and forebay berm.
6. If the basin must be drained for an emergency or to perform maintenance, the flushing of sediment
through the emergency drain shall be minimized to the maximum extent practical.
Form SWU- 102 Rev 3.99 Page 3 of 4

LENS 1 T — 'I ..Sr :.J,% I T 7i
`2) ZONE FU
3) PROPOSED T OWNHOME LOTS - 9
PROPOSED 2 BR TOWNHOMES - 4
13 TOTAL UNITS
4) P4RK1NG SPACES PROVIDED - 29 SPACES
5) BOAT STORAGE PROVIDED - 1418 SF
6) PROPERTY LOCATED WITHIN FLOOD ZONE C IN
ACCORDANCE WITH FIRM COMMUNITY PANEL NUMBER
370043 0681C DATED AUGUST 19. 1965.
7) NO REGULATED 404 WETLANDS EXIST ON SITE.
RLINE I
OUT
ING
HED FLOOR i
HYDRANT
MAIN
VALVE
T
0 SCALE
OF WAY
ARY EWER
METER c �q
ING
ING CON70URS�
SED CONTOURe cE=1
FENCENG
GUTTERS ,
r- APPROVED -1
NORTH CAROLINA ENVIRONMENTAL
MANAGEMENT COMMISSION
DIVISION OF WATER QUALITY
Date
14 r-eS
Stormwater Permit No L7c(Il 21
i 3
1 1 TrR
S Tl
E C E E V c
1
J A N 19 2000
D E� M
PRO.i # Sl.i; � aRl Zj
REVISIONS:
Na Br DATE DESCRIPTIOA
1 GYT I/IZIW R1 VfSE. ro 'F!f
SITE PLAN
BLUFFS VIEW
MOREHEAD TOWNSHIP. CART ERE T COUNTY, NORTH CA-ROL-i
CLIENT: WALLER-MCMILLAN PTRS.
DESIGNED,
CGW/
ADDRESS: c/o GULL ISLE REALTY
P.O. DRAWER 550
DRAWN:_
CGW/
ATLANTIC BEACH, NC 28512
CHECKED:.
.PHONE: [phone]
STROUD ENGINEERING, P_k.
APPROVED:
151A HIGHWAY 24
MO HEAD CITY, N.C. 28557
52 47-7479
DAM
...104.1
SCALE
RONALD -D. CULL PHER P.E.
: ; „

Bluff View Project - StormwaIer
Subject: Bluff View Project - Stormwater
Date: Tue, 22 Feb 2000 23.42:55 -0500 (EST)
From: [e-mail] (Robert A. Shaw)
To: linda.lewis@ncmail, net.
CC: [e-mail]
Please be advised:
Pellirier Creek is already the most polluted body of water in Carteret
County.
This property was declared wetlands by U.S. Army Corps of Engineers, May
20,
1999 (Jeffrey ?tickper) and C MR.
The property is illegaly zoned Punned Development by the City or
Morehead.
The Developer has filled the "wetlands
area" four to five feet this week.
Stormwater is a very real concern because we already have a serious
drainage condition without creating new concerns. 2eilitier Creek has
almost no depth because of soil being Bushed into it over the _years.
Heavy rains flood the residential properties on San Juan Circle now.
This is the most dolutted body of water in Carteret County because 1800
power boats are berthed here in wet and dry storage.
i This is a residential neyhborhood and we are opposed to encroachment and
exploitation or our properties by land developers.
Further, the infrastructure cannot support
more than 5-6 more single family homes
R15.
Bob Shaw
309 Mansfield Parkway
Morehead City, M.C. 28557
[phone] Fax [phone]
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Wailer•,,%4cVlillan Action ID No. 19991020
Subject: Waller-Me-NIillan Action ID No. 19991020
Date: Sun, 27 Feb 2000 09:37.46 -0500 (EST)
From: [e-mail] (Robert A. Shaw)
To: [e-mail], [e-mail], ted_tyndall(@maiI.enr.state.nc.us,
[e-mail]. nc.us, [e-mail], [e-mail],
[e-mail], [e-mail], [e-mail], [e-mail],
[e-mail], rcummings@starf shnet.com, [e-mail],
Carol inainTouch@we btv. net, [e-mail], [e-mail],
[e-mail], [e-mail], [e-mail], fisher@.clis.com,
[e-mail], [e-mail], [e-mail],
[e-mail], [e-mail], [e-mail]_ lincettu a,bmd.clis.com_
[e-mail], [e-mail]
CC: [e-mail]
February 25, 2000
U.S. Army Corps of Engineers
Post Office Box 1890 Wilmington
North Carof"ina, 28402-1890
Wilmington Regulatory Field Office
Action ID No. 19991020
Re: Jeffrey H. Richter, Project Manager
Morehead Bluffs property owners filed a petition, February 16, 2000, to
investigate our alleged violations of North Carolina Environmental and
Wild Life laws by Waller -McMillan and representative Ron Culliaher,
Stroud Engineering.
Attached documents and .Town Council Meeting February 8, 2000 Minutes are
enclosed for your consideration prior to your investigation of our
allegations next week.
Summary - The proposed site declared wetlands by:
Joanne Steenhuis, Environmental Specialist 1, NCDENR Division of Water
Quality, March 3,1998;
Jeffrey H. Richter, Project Manager by your office, May 20, 1999.
Ms. Joanne Steenhuis May 24, 1999
North Carolina Division of
Water Quality
127 Cardinal Drive Extension
Wilmington, N. C. 28405
Land Management Group June 25, 1999
Environmental Consultants
(Steve Morrison)
Wilmington, N. C. 28402
Other documents from NCDENR, Land Quality Section termed LETTER OF
APPROVAL with specific caveats to be complied with by the applicants,
Walle;-McMillan Partnership.
Cordially,
Robert A. Shaw
I oft n!"Q Imn 0m

Waller-VlclJtillan Action ID NIo. 19991020
309 Mansfield Parkway
Morehead City, N. C. 29557
[phone] rax
726-6087 fax
e-mail: TrumpyFive-00webtv.net:
Enclosures: documents
cc: Regulatory Division Chief:
Wayne Wright Fax [phone]
NCDENR District Manager:M. Ted Tyndall (252) 247-323C
Tony W. Joyner, Senior Case Worker
Congressman Walter B. Jones, 3rd
District, North Carolina [phone]
Darlene Leonard, Clerk of the Superior Court, Carteret County, N.C.
[phone]
Town of Morehead [phone]
Robert L. Cummings, Attorney at Law
Morehead City [phone]
Melanie Arthur, Register or Deeds, Carteret County N.C. [phone]
Katrina F. Marshall, Director of Planning
Carteret County, N.C. [phone]
Walter Phillips, Carteret County News Times, Morehead City (252)
726-6016
Rev. C. King Cole, Rector
Rev. John H. Grayson (252)
St. Andrews Church, Morehead Cite
[phone]
Bouge Banks Baptist [phone]
Patrick Williams Atlantic Beach, V.C.
Headline News (Rouse) [phone]
Ben Ball, Chairman - Planning Board
[phone]
Stroud Engineering - Ron Cullioher
Morehead City [phone]
Channel 12TV (Stacy Davis) 726-2230
Tony Seamon, Morehead Bluffs 240-1307
Ron Mooring, Morehead Bluffs 726-0756
Bob & Joan Miller Morehead Bluffs
2 Of 7 ngao-nnn — . . . _

Re: Sto-mvater Permit - Bluffs View Stormwater Project SW39911 12
Subject: Re: Stormwater Permit - Bluffs View Stormwater Project SW8991112
Date: Tue, 29 Feb 2000 09:27:23 -0500 (EST)
From: [e-mail] (Robert A. Shaw)
To: Linda.Lewis@- cmail.net (Linda Lewis)
CC: [e-mail]
Linda: Project Manager for Slugs View is an engineer with Stroud
Snginering and as such, there is a conflict of interest.
We request this approval be -reconsidered and an impartial evaluation be
conducted by Richard Chinn or his delegate.
Please provide conies or plans submitted by Stroud Engineering and bill
me.
Thank you.
Subject: Re: Stormwater Permit - Bluffs View Stormwater Project SW3991112
Date: Tue, 29 Feb 2000 08:00:32 -0500
From: Linda Lewis <[e-mail]>
To: "Robert A. Shaw" <[e-mail]>
Dear Mr. Shaw:
All I have from Stroud Engineering is a general note on a set of plans that
says there are no jurisdictional wetlands on the site. i don't have the
ability to copy plans. If you would like to come by the office and see the
plan yourself, you are welcome to do so. Please call Brenda Shumbarger at
910-393-3900 and schedule an appeintme.nt with her.
Your questions regarding wetlands issues should be referred to Joanne
Steenhuis.
Sincerely, Linda Lewis
"Robert A. Shaw" wrote:.
> Attention: Linda Lewis
> Thank you for your February 2.3, 2000 letter of e:<planation with respect
> to the approval of this site.
> Please fax copy of Wetlands Delineator submitted by Stroud Engineering.
>
> Cordially,
> Bob Sha w
Linda Lewis <Linda.Lew'is c�7r.ncmai9.net>
1 of 2 010030AA I X" I l%.

Waller -McMillan Action ID Nio. 19991020
Subject: Waller -McMillan Action ID No. 19991020
Date: Fri, 3 Mar 2000 20:45:49 -0500 (EST)
From: [e-mail] (Robert A. Shaw)
To: [e-mail], [e-mail], [e-mail],
[e-mail], [e-mail], [e-mail],
[e-mail], [e-mail], [e-mail], [e-mail],
<[e-mail]>, [e-mail], Caro[ [e-mail],
[e-mail], [e-mail], [e-mail],
[e-mail], [e-mail], [e-mail], [e-mail],
[e-mail], [e-mail], [e-mail], [e-mail],
[e-mail],'[e-mail], [e-mail]
CC: [e-mail]
February 25, 2000
U.S. Army Corps of Engineers
Post Office Box 1890 Wilmington
North Carolina, 28402-1890
Wilmington Regulatory Field Office
Action !D No. 19991020
Re: Jeffrey H. Richter, Project Manager
Morehead Bluffs property owners filed a petition, February 16, 2000, to
investigate our alleged violations of North Carolina Environmental and
Wild Life laws by Waller -McMillan and representative Ron Cullinher,
Stroud Engineering.
Attached documents and Town Council Meeting February 8, 2000 Minutes are
enclosed for your consideration prior to your investigation of our
allegations next week.
Summary - The proposed site declared wetlands by:
Joanne Steenhuis, Environmental Specialist 1, NCDENR Division of slater
Quality, March 3,1998;
Jeffrey H. Richter, Project Manager by your office, May 20, 1999.
Ms. Joanne Steenhuis May 24, 1999
North Carolina Division of
Water Quality
127 Cardinal Drive Extension
Wilmington, N. C. 26405
Land Management Group June 25, 1999
Environmental Consultants
(Steve Morrison)
Wilmington, N. C. 28402
Other documents from NCDENR, Land
APPROVAL with specific caveats to
Waller -McMillan Partnership.
Cordially,
Robert A. Shaw
309 Mansfield Parkway
Quality Section termed LETTER OF
be complied with by the applicants,
J
1 0 _ 03/06r2000 3:10 ANi

Waller -McMillan Action ID No. 19991020
Morehead City, N. C. 28557
[phone] rax
726-6087 fax
e-mail: [e-mail]
Enclosures: documents
CC: Regulatory Division Chief:
Wayne Wright Fax [phone]
NCDENR District Manager:M. TO Tyndall [phone]
Tony W. Joyner, Senior Case Worker -
Congressman Walter B. Jones, 3rd
District, North Carolina (252) 931-10.02
Darlene Leonard, Cleric of the Superior Court, Carteret County, N.C.
[phone]
Town.of Morehead [phone]
Robert L. Cummings, Attorney at Law
Morehead City [phone]
Melanie Arthur, Register of Deeds, Carteret County N.C. [phone]
Katrina F. Marshall, Director of Planning
Carteret County, N.C. [phone]
Walter Phillips, Carteret County News Times, Morehead City (252)
726-60IG
Rev. C. King Cole, Rector
Rev. John H. Grayson (252)
St. Andrews Church, Morehead City
[phone]
Bouge Banks Baptist [phone]
Patrick Williams Atlantic Beach, N.C.
Headline News (Rouse) [phone]
Ben Ball, Chairman - Planning Board
[phone]
Stroud Engineering - Ron Cullipher
Morehead City [phone]
Channel 12TV (Stacy Davis) 726-2230
Tony Seamon, Morehead Bluffs 240-1307
Ron Mooring, Morehead Bluffs 726-0756
Bob & Joan Miller Morehead Bluffs
2 of 2
03/06/2000 3:10 AM

Permit tSW8 991121 Waller -McMillan Bluffs View
Subject: Permit #SW8 991121 Waller -McMillan Bluffs View
Date: Fri, 3 Mar 2000 14:08:59 -0500 (EST)
From: [e-mail] (Robert A. Shaw)
To: [e-mail]
CC: [e-mail]
Attention: Rick Shiver, Supervisor WQ
Morehead Bluff's property ow„et_- .:s.
investigate this project under the Regulatory Program Overview because
portions these properties were deemed wetlands, May 20, 1999 and several
years earlier.
Ron Cullipher, Stroud Engineering stated on the approved Stormwater
Permit that "no regulated 404 wetlands exist on site."
USACE and NCDENR deemed this site had wetlands, a matter of record. The
property north of the 20' right of way to San Juan Circle was posted by
the USACE - Cease and Desist and EBLU (Claude Suggs) was required to
remove all fill dirt that was not flushed into Pellitier Creek. We
believe Micky Sugg was the Project Manager (1992-1993).
Notice of Filing of Application for CAMA Minor Development Permit is
pending: contact T. Barrett, Coastal Management [phone] to
determine why this property is no longer wetlands:
Notice is hereby given that E.B.L.U. Corp./Claude Suggs has applied
to the Department of Environment and Natural Resources for a Minor
Development permit. The applicant is requesting to grade and fill a lot
(same lot) at the corner of Mansfield Parkway and San Juan Circle (20'
right of way).
We are not opposed to this permit, given other property owners receive
the same consideration to improve
are opposed.
At the Town Council of Morehead Meeting, February 8, 2000 "Ron
Cullipher, Stroud Engineering, said his clients "have not done any work
on the project site since they bought the land."
Further, he said, "there neither are nor have been any designated
wetlands on his client's property."
North Carolina General Warranty Deed 13 day of October, 1999, by and
between E.B.L.U. CORP, INC_, Grantor and Waller -McMillan Partnership ,
Grantee contradicts his statement. (see exhibit)
All activity commenced after the property was purchased October 13,1999.
This can be verified by billing statements from the contractor, Bobby
Arthur, to determine the quantity of fill dirt delivered to fill
wetlands that did not exist.
Mr. Mooring and Mr. Shaw pointed out that the planned development is to
be built on property that served as the drainage field for the private
waste treatment plant for surrounding residences before the area was
brought into the city limits and provided city water and sewer service.
This statement is incorrect because the plant was leased by the Bluff's
Townhouse Association from the Developers until city sPwar an-' w•-
available 20 years latar, December 11,
"But Mr. Cullipher said that is not unusual.
He conceded there are abandoned sewer lines under the property, nut said
I of 3 03/06%2000 3:09 ArNI

Permit 9SW3 991121 Waller -McMillan Bluffs View
that if the developers encounter any of those lines, they will be
removed."
Given this is true, the remaining pipes will be concealed by the
Developers unless declared to the public. We understand these drain
lines are on 5 root centers covering .46 acre or the 1.72 acres
available; considerably less than the required 2.18 acres to be in
compliance with the Morehead City Code and North Carolina Statutes. How
does it comply?
Is it true the developers can build on this drainage site without
renourishment of the property and/or conceal it from the public?
"There are several problems, Mr.. Shaw and Mr. Mooring said durino the
public hearing Tuesday." (February 8, 2000)
"They told councilmen, the city's own zoning ordinance requires that any
PD district be under "unified control" and at least 2.18 acres in size,
which is roughly equivalent to one city block."
"But under questioning by councilmen, Morehead City Planning Director
Linda Stabb said that isn't the case for all projects within PD
districts.
Instead, she said, the city ordinance states chat it a property owner
wants to rezone his land to PD, the proposed district must be unified -.
(unified control) and must contain at least 2.18 acres of land.
(Dedicated streets excluded.)
We believe rezoninc the property as suggested -would require that lawful
procedings of the Statutes would be required.
f
f
In the B1uff's View case, she said, the "entire PD district also
includes the Morehead Bluffs Condominium's (Bluff's
Townhouses) and the entire district contains more than the required
acreage.
Nelson Taylor, attorney for the city, agreed with Mrs. Stabb'
interpretation of the zoning ordinance, and Morehead City Manager Randy
Martin said the whole PD is probably close to 5 acres in size."
The Bluffs Townhouse development was a "grandfathered" hotel site since
1926 and remaining proprties were residential with restrictive
covenants.
How could a prudent person contend that "unified control" include
properties that are not under "unified control" to comply with North
Carolina General Statutes?
Supporting documents will be faxed for yQcL
and request: USACE REGULATORY PROGRAM OVERVIEW. Photographs are
available to prove the wetlands covered dedicated Georgia Avenue from
Pellitier Creek south 500 - 600 feet.
Waller -McMillan contractors continue to fill and fill the site, today.
We expect to hear from you on Monday, March 6, 2000 as you promised
Cordially.
Bob Shaw
Enclosures by facsimile.
2 of 3 03/06i2000 8:09 ANI

CAMA Minor Development Permit - EBLU CORP - Sues
Subject: CAiMA Minor Development Permit - EBLU CORP - Suggs
Date: Mon, 6 Mar 2000 16:47:48 -0500 (EST)
From: [e-mail] (Robert A. Shaw)
To: ted_tyndal]@rnad.ennstate.nc.us, Joanne. [e-mail], [e-mail],
[e-mail] (Shriver), [e-mail],
[e-mail], Jeffrey. [e-mail]
CC: [e-mail]
Attention: T. Barrett, Coastal
Management Representative
As you probably ;snow, the eastern end of this property was declared
wetlands by the U.S. Corps of Engineers 1992-1993 and posted by Mickey
Sugg or delgate.
Local authorities also posted the area. All neighbors will attest to
this statement.
Mr.& Mrs. Robert E. Miller, San Juan Circle filed the complaint because
EBLU elevated property cause water to flood their property. (726-9592)
USACE recuired E.B.L.U. to remove all the fill dirt except the amount
washed into
Pellitier Creek by heavy rains.shortly after the fill.
Several weeks ago this property was filled again and a black screen was
postioned.
We believe the fill dirt was deposited on our property without our
approval and subjects our properties to flooding again and this is
unaccptable.
Property owners: Sammy & Mary Hughes. Joan & Robert E. Miller and
Sarita Shaw are opposed to issuing the permit after the fact. We
suggest the owner be advised to develop an overall plan including our
properties that will benefit all concerned.
Cordially,
Robert A Shaw
cc: Samuel & Mary Hughes
Robert E. & Joan Miller
Sarita 0. Shaw
loft
030'071'_000 7:41 AM

Fwd: Waller -McMillan Bluffs View Morehead Bluffs
Subject: Fwd: Waller -McMillan Bluffs View Morehead Bluffs
Date: Wed, 8 Mar 2000 09:57.56 -0500 (EST)
From: [e-mail] (Robert A_ Shaw)
To: [e-mail], [e-mail],
[e-mail], [e-mail]. mi1,
Joanne. [e-mail], ted [e-mail]. nc.US,
[e-mail]. mii, [e-mail], [e-mail],
[e-mail], Caro [e-mail], <[e-mail]>,
[e-mail], [e-mail], Juiceart&reenvillenc.com,
[e-mail], [e-mail], [e-mail], [e-mail],
[e-mail], [e-mail], adamsZrnail.clis.com,
[e-mail], [e-mail], Jay [e-mail], [e-mail],
Jesse. Helms @helms. senate.gov, [e-mail]. gov, [e-mail],
[e-mail], [e-mail], [e-mail], [e-mail],
[e-mail], [e-mail]
CC: [e-mail]
Subject: Waller -McMillan Bluffs View Morehead Bluffs
Date: Wed, 8 Mar 2000 09:=16:29 -0500 (EST)
From: [e-mail] (Robert A. Shaw)
To: [e-mail]
CC: [e-mail]
Attention: Amy Hanson
A Tangled Web: "Law is hailed as the instrument of freedom because
without law, there would be anarchy, and we would eventually come under
the thumb of whoever gets power. Too much law, we are learning, can
have a comparable effect: Millions of tiny legal cubicles give humans
virtually no leeway. Unlike any legal system we ever admzed, it tells us
what to do and exactly how to do it."
Independence Institute
North Carolina General Statutes - 11.1
"Whereas, lawful oaths for discovery of truth and establishing right are
necessary and highly conducive to the important end of good government;
and being most solemn appeals to Almighty God, as the omniscient witness
of the truth and the just and omnipotent avenger of falsehood, and
whereas, lawful, affirmations for the discovery of truth and
establishing right are necessary and highly conducive to the important
of good government, therefore, such oaths and affirmations ought tobe
taken and administered with utmost solemnity."
Key individuals in municipal, county, state and federal government have
broken their oaths of office and contrived to violate the laws they are
sworn to uphold.
Therefore, these infractions need to be brought to the attention of
officials to investigate these allegations:
Col. James W. DeLonc, Commanding Officer, USACE, Wilmington, N.C.
Regulatory Program
Tel: [phone]
Fax [phone]
e-mail james.,[e-mail]@armymil
Bill Holman, Secretary, North Carolina Deoartment Evironment & Natural
Resources (NCDENR)
l o f? 03/08; 2000 10:09 AM

Fwd: Waller -McMillan Bluffs View Morehead Bluffs
Tel: [phone]
Fax [phone]
e-mail: [e-mail]
David E. Kelly, Secretary, North Carolina Crime Control and Public
Safety
Tel: [phone]
Fax [phone]
e-mail: david.e.kelly@nc,nail.net
These requests are under:
Freedom of Information Act and North Carolina Public Records Law.
Morehead Bluffs property owners thank you for interceding for us.
Cordially,
Bob Shaw
2 oF2 03/08/2000 10:09 AM

Bluff View
Subject: Bluff View
Date: Thu. 09 Mar 2000 08:13:43 -0500
From: Linda Lewis <[e-mail]>
To: "Robert A. Shaw" <[e-mail]>
Dear Mr. Shaw:
I just wanted to make sure you know that the Division is not denvina you
access to our files_ The procedure is to make an appointment with our
administrative assistant and come here to Wilmington to view anv file
you want to. You need to tell the assistant what files you want to view
and she will have them ready for you at the appointed time. You can make
copies of anything in the file, but you cannot take it out of the
building.
Sincerely, Linda .Lewis
Linda Lewis <Linda.Lewlsnncmail.net>
I of 1 03;09/2000 8:1 3 ANt

Re: BOB SHAW
Subject: Re: BOB SHAW
Date: Mon, 13 Mar 2000 17.14:10 -0500
From: Joanne Steenhuis <[e-mail]>
To: Linda Lewis <Linda. Le wis@nc mail. net>
Linda,
I went cut with Jeff Richter last Thursday to look at the Bluff View
Project. There were no wetlands impacted for the Bluff View site. The
adjacent site was the area that I was concerned as to being wetlands and
those are indicated to be wetlands on the adjacent plat to the Bluff View
Site. Jeff and I also saw that there had been some wetland fill across the
street to the project site as well as some root raking. Jeff will be
dealing with this and "cc-ing" me on it. I will- also e-mail Mr. Shaw.
Linda Lewis wrote:
> Dear Joanne:
> Mr. .Shaw is still calling me about the Bluff View project. He insists
> that the property was judged to be wetlands. Are you any closer to
> being able to tell me yes or no concerning whether or not this property
> was wetland? I need to respond to Mr. Shaw.
> Thanks, Linda
Joanne Steenhuis <Joanne.Steenhuisancmail.net>
[ of 1 03/14/2000 7:59 AN[

Re: Bluffs View
Subject: Re: Bluffs View
Date: Thu, 16 Mar 2000 .l 1:15:02 -0500 (EST)
From: [e-mail] (Robert A. Shaw)
To: [e-mail] (Linda Lewis)
CC: [e-mail]
Linda Lewis:
You are correct I have not received a copy of Joanne Steenhuis Marchl5,
2000 letter.
Please send copy immediately.
There were five people present when Joanne Steenhuis investigated the
wetlands south of the 20' right of way to
San Juan Circle covering portions of Blocks 45 & 46 (Georgia Avenue).
We have complete documentation including photographs of the immediate
area which were shown to Jef-frev Rickers during his recent visit.
These photographs were taken periodically during the past 2 years and
clearly demonstrate there were wetlands on the Bluffs View property.
We request you forward ,information to appeal the Bluffs View decision
today.
Cordially,
Robert A. Shaw
r
loft
03/16/2000 11:34 ANT

Re: Bl4iff's View
Subject: Re: Bluffs View
Date: Nfon_ 20 Mar 2000 09:42:36 -0500
From: Rick Shiver <[e-mail]>
To: "Robert A. Shaw" <[e-mail]>, [e-mail]
Hello, Mr. Shaw,
We will refer this case to the Attorney General's Office for their review and
comment to make sure that we've not overlooked anything. However, Joanne
Steenhuis or our orrice arid. Jezf Richter of the Corns of Encineer did not
identify any juridictional wetlands on the parcel that is the object of your -
interest, so I've- not yet identified a basis to recommend rescinslon of the
stornwater oer.nit in quest: -on. With respect to the circumstances in which you
are afforded the opportunity for taird party appeal in this case, I will leave
it to the AGO's office to provide further quidance on this particular issue,
since you do not agree with my opinion.
"Robert A. Shaw" wrote:
> Attention: Rick Shiver
> The worth Carolina Adminlstra Live Code Section .1011 Modification and
> Revocation Of Permits states:
> A= pemir issued by C7e Division pursuant-
> to these Rules (copy attached) is subject to revocation or modification
> upon 60 days notice by the Director in whole or part for good cause
> including but not limited to:
> (1) violation ox any terms or conditions of the permit; (2) obtaining
> a permit- by misrepresentation or failure to disclose fully all relevant
> facts;
> According to Linda Lewis February 29, 2000 e-mail the Scott McMillan
> permit was approved without the required Wetland Delineation Report.
> Your files and municipal minutes from Town of Morehead clearly
> demonstrate that you were misled by Ron Cullipher, Project Manager for
> Waller -McMillan.
> Therefore, Bluffs View Stormwater Project SW8991112 must be recinced
> based upon North Carolina Law.
> Cordially,
> Robert A. Shaw
>
>-------------------------------------------------------------------------
> Subject: Bluff's View
> Date. Fri, 17 Mar 2000 08:39:56 -0500
> From: Rick Shiver <[e-mail]>
> To: 'TrumpyFive-00webtv.net, [e-mail]
> Mr. Shaw,
> I'm hoc aware or any appeal process for state agency decisions c:at are
> available to you at this point. ?F a state agency snakes a decision of
> some type, usually involving a permitting decision., appeals are
> ge.^e a iv an ODCSon but only J?C<7i:i a certain C-ime oer­'cd. _ C _'7k C^e
> time Ce_- od for an acceal of t.`ws stor:Pwacer Dermic is long raSc. I`ll
> C:?ec.{ vita the ACco;ney General s Office.
I of 7

White House in crisis
Subject: White House in crisis
Date: Mon, 20 Mar 2000 09:10:28 -0500 (EST)
From: [e-mail] (Robert A. Shaw)
To: [e-mail], [e-mail], [e-mail],
[e-mail], NewsTimes@aol_com, James. [e-mail],
[e-mail], [e-mail], [e-mail],
[e-mail], [e-mail], Tallcott@aoLcom,
Je ffrey.H.Richter@usace. army. mi 1, [e-mail],
[e-mail], [e-mail], [e-mail],
[e-mail]; [e-mail], ted [e-mail],
[e-mail], talrlaw(@bmd.ciis.com, [e-mail]. [e-mail],
[e-mail], <[e-mail]>, [e-mail],
[e-mail], [e-mail], [e-mail],
congjones @mail.house.gov, [e-mail], [e-mail],
[e-mail], [e-mail], jesse_helms@helms. senate. Gov,
[e-mail]
CC: [e-mail]
'No person, including the President or the United States, is above the
law.'
ROBERT RAY
indesendent Counsel
httn://www.msnbc.com/modules/clinton2/cei:auIt.asn?ass=slavers&rF-ame=Clinton
l of 1 03/20/2000 l 1:17 ANT

,,z)..,ate of North Carolina
Department of Environment
and Natural Resources
Wilmington Regional Office
James B. Hunt, Jr., Governor
Bill Holman, Secretary
Division of Water Quality
February 23. 2000
Mr. Robert Shaw
309 ?Mansfield Parkwav
Morehead City, NC 2$557
Subject: Stornawater Permit for Bluff s View
Stornwater Project No. SW8 991112
Carteret County
Dear Mr. Shaw:
Thank you for your e-mail dated February 22, 2000, regarding the proposed development known as
Bluffs View. While I sympathize with your concerns, the Division of Water Quality has not been given the
legislative power needed to bring about'a resolution to your concerns.
The stormwater rules were first enforced on January 1, 1988. Any projects developed prior to that date
were not subject to the State stormwater requirements, therefore, they have no stormwater controls_ Only a
handful of new projects which are subject to State stormwater requirements and that drain to Peletier Creek
have been permitted over the last 12 years. Bluffs View has been permitted with a detention pond designed
to remove 90% of the suspended solids in the runoff.
Flooding concerns and zoning issues are areas where the Division has no Iegislative authority. If a
project floods, it falls to the discretion of the local government to develop ordinances which will alleviate the
problems, and to develop a maintenance plan to keep the ditches and streams free flowing. Rigorous
enforcement of the Sedimentation and Erosion Control plan will go a long way toward keeping construction
sediment out of the creek. Single family residences can also reduce their contribution to the pollutant load.
I have enclosed an information sheet I hope you will find useful. Zoning regulations are strictly the jurisdiction
of the local government. The Division cannot legally deny a stormwater permit because the zoning will not
allow the proposed development. A building permit is not supposed to be issued until the project receives all
required permits.
I forwarded your e-mail to our wetlands specialist, Ms. Joanne Steenhuis, for investigation regarding
the allegations that wetlands have been filed. She can be reached at [phone]. The Division requires
that all wetlands be shown on the plan, so that we can ensure that the proposed stormwater control facilities
are not located in wetlands, and to alleviate pockets of high density within low density projects. The approved
plans for Bluffs View, prepared by Stroud Engineering, indicate that there are no 404 jurisdictional wetlands
on the site.
Most ofthe concerns cited in your letter could be resolved with proper local ordinances in place. Please
get together with your local government officials to see about the possibility of implementing a stormwater
management program. Any local program implemented must be at least as strict as the States, but can be
stricter, if desired. Please stress to the local officials that the State does not reviewplans for flood control- only
water quality. I have enclosed a fact sheet regarding getting a stormwater program started.
Sincerely,
_
Linda Lewis
Environmental Engineer
RSSlarl: SAWQS\STOR2VIWATtLETTERS1991112.FEB
cc: Linda Lewis
127 Cardinal Dr. Ext., Wilmington. North Carolina 2S405 'Telephone [phone] FAX [phone]
An Equal opportunity Affirmative Action Employer 50% recycled/l00% host-conSumar 1---

Ltate of North Carolina
Department of Environment
and Natural Resources
Wilmington Regional Office
James B. Hunt, Jr., Governor
Bill Holman, Secretary
Division of Water Quality
March 14, 2000
Mr. Robert Shaw
309 Mansfield Parkway
Morehead City, NC 28557
Subject: Wetlands
Bluffs View
Stormwater Project No. SW3 991121
Carteret County
Dear Mr. Shaw:
This letter is in response to your recent inquiries concerning the Bluff s View project. The:prcject is a
small residential high density subdivision which will utilize a wet detention pond to treat the runoff from the
first inch of rain to meet the water Quality regulations for stormwater runoff found under NCAC 2H.1000. The
project was permitted by the Division, as meeting the design requirements for stormwater on February I4, 2000.
The approved plans for this project, prepared by Stroud Engineering, indicated by note that there were no 404
wetlands on the project site. Joanne Steenhuis has confirmed that the Bluffs View project does not have
wetlands. The adjacent property has been identified as the area where wetlands exist, and Joanne and Jeff
Richter are continuing with that investigation.
As explained to you in my previous letter, the Division of Water Quality has no jurisdiction regarding
flood control. Those problems are civil matters and must be resolved through the civil court process. Local
governments are responsible for formulating drainage policies and writing ordinances which provide the
guidelines for flood control in their respective areas
In light of the determination that there are no wetlands on the Bluff s View property, the stormwater
permit issued for the project will not be revoked at this time. The Division will conduct routine inspections of
the facility for compliance with the permit. If you see any problems with this facility from a maintenance
standpoint, please do not hesitate to call me at [phone].
Sincerely,
Linda Lewis
Environmental Engineer
RSSlarl: S:1WQSISTORNIWATILETTERS1991121.MAR
cc: Linda Lewis
Joanne Steenhuis
Ron Cullipher, P.E.
Central Files
127 Cardinal Dr. Ext, Wilmington, North Carolina 28405 Telephone [phone] F %-X 910-350 1904
An Equal Opportunity Affirmative Action Employer 501,19 recycled/10% posr-consumer paper

siate of North Carolina
Department of Environment
and Natural Resources.
Division of Water Quality
Wilmington Regional Office
James B. Hunt, Jr., Governor
Bill Holman, Secretary
Kerr T. Stevens, Director
Mr. Robert Shaw
309 Mansfield Park -way
Morehead City, NC 28557
Dear Mr. Shaw:
March 15, 2000 yn,
ti; U
��
SUBJECT: Bluffs View Project
Carteret Countv, NC
I met with Jeff Richter, from the Corps of Engineers, on Thursday, March 9, 2000 at San Juan Avenue. The
Project you refer to as Bluff s View was not the property I was, concerned about as wetlands when we met at the site in
March of 1998. The Bluffs View project (built on the package plant sire) is adjacent to the area I was concerned about as
being wetlands and as far as I can tell, Bluff View has not impacted any wetlands. The wetlands I saw are still intact and
have a small drainage that goes under San Juan Avenue, I assume the pipes, which had been a concern, have been
replaced. y
Mr. Richter and I saw the fill on the property across the street from the Bluff's View project and I'vIr. Richter had
previously posted the property for fill violations in wetlands. We also noted that the adjacent property to this had been
root raked and some fill may have also occurred. Mr. Richter will be addressing these issues with the owners of these
properties. V
I hope this addresses your concerns about the Bluffs View project. If you have any additional. questions please
be sure and contact me.
4JoSincerely,
anne Steenhuis
cc: John Dorney- Central Office
Ted Tyndall- CAMA Morehead City
Jeff Richter- COE Wilmington
W iRO
[2 7 Cardinal Drivc EXt^fislon, Wlinain^[on, NC 28405 Tclepnone [phone] FAA [phone]

0:;/16/2000 08:50 19197266087 ROBERT A SHAW PAGE 02
Stet® of North Carole®
Department of Environment,
Health and Natural Resources
Wilmington Regional Office
Division of Wetor Quality
.lanes 15. Hum. Jr., Governer
Wayne McDevitt, Secretary
March 3.1999
Mr. Robert A. Shag
309 Ma dleld Parkway
Morehead City, NC 28557
)RE: WNWMLD lPASSI1 WAY DZAD TREE RE%iOVAL FROM VVEOTLAND A29"
Dear Mr. Shaw;
I am sutmttariting the site meeting at Mansfield Parkway on ihuriday, February 19. I999 with you; David Mc Cabe.
Director oe the StlWUVS&rdm*m; Ruse Colby sad myself from the Division of water totality, We appreeiste; your
Concern about the removal of dead trees from wetland areas.
The silo add io ** pale plant is indeed a wetland area and impacts to it would need to be limited. The larger
artaur et of waster accumalsting on the sift in to het two years is most likely a culminedon of varkxw factors ittduding
In anxwnt of imperious surfaces around the site and the lose of tine loge pine noes on the property. ?he Division of
Water Quality would fegWre heat the trees be removed from the wedanda by cutting dwm down without line
mechanised equipment impacting the wredand ettd chaining them gut of the area. DWQ may also allow lust ruiner
sited vehicles to be used in scam areas as long u the ruts or impacts were returned to the original Wpogapby. Any
Tilling or additional impacts to the wedarda on the property would most likely require aut =izatio0.
Mr. David McCabe MerMoned sleet chore WCM drain tiles UM6rr>rath San Juan Road that were not funcdaning prgxTly
" would moo likely steed to be replaced. Fusing the tiles would rwat likely allow to excm waters to drain back
into Peltier Crock wed return the wedaed m more proviaus eandidocs. DWQ would require that the city use BMP when
dining up the drain tiles for rephumenent.
The second site containing only a few dead trees in a buffer adjacent to a. marsh would also hoed to remove the dead
trees in the sense manner as described above. Any underbrush and debris within the wetlands may be cleared if no
owchanized equipment is used and the area is not located within 50 tWt of a ereWoresm or body of water in the
Neuae basin.
If you have any additions quesdorn, pieaae do trot hesitata to call Me.
Sincerely,
canoe Stseohuis
Em►iromnenal Specialist I
cc: C. W. Horton, Mayor of Morehead City
David McCabe. Director of Screed dr Sanitation
John Derney. Central Office
127 Cwcnnai Drive Extarufon, W%rn&VUn, MC 2e405 a TaispSww 910-395-39M • lox 910-3W2004
AA agwl opparwr ty Affke "ve Acslon SMPto"r

03/15/2000 17:43 19197296087 ROEERT A SHAW PAGE 01
c s =meo . wig. "Do 13, =00 7:! rN • Pw f of 2 -
n ► Mmk
Write a message
From: 7rumpyFive4)@webtv.net (Robert A. Shaw)
•\..\............f.............................................................................•
To:
...a ................... .............• ......................... .............................
Cc.
.....1..\................................•••ffl■\!•fll•.f.•\................\..\\\..............
Subject.
.......................\. !!\•1.•...............................\..f..........................►!
March 17, 2000
To Whom It May Concern:
Sub}ect: Permit #5W8991121 Waller and McMillan - Bhiffs View
Project
As you know, Morehead Bluffs property owners petitioned the USAGE to post
this property Febniary 16, 2000. This request
has not be answered to date.
During the intervening time the developers have continued to build up the site
with hundreds of truckloads of fill until the site
has been elevated 5-6 feet over the area deemed wetlands by NCDENR &
USAGE.
The enclosed News & Observer aMcks reveal to polluted condition of Pe:llitier
Creek, August 1971.
StormwaW permit ##SW 9 991121 should be mcisded because the developers
engineer did not submit a wetlands deliniation; but, merely noted on the plans
submitted there were no 404 wetlands on the property.
According to the attached News & Observer articles Pellitier Creels was known
as "Love that dirty water' 9 years ago and we know it is worse today!
Further, the Stormwater Permit allows the project, unless recinded, to cross
under the 20' access road and flow though three other netghbomg praptrtxs
=stmd of regimng the staamwater to be diw1wged directly inn Hogue &Rmd.

03/15/2000 17:43 1131972fi5087 ROEERT A SHAW PAGE 02
ors" • Wa/wo0w, l%K 13. 2M 3M !Y . ho 3 of s
WW" Mwat
The majority of storm water gravitates to cater basins corner of Mansfield
Pwkway and Maryland Avenue (Bay Street) mW then nuns through gtvpefies
owned by Perry Management and Sarita O. Shaw to Pellitier Creek and is
tnconsckmable.
We request the municipality, state and federal governments to investigate these
problems aid Mende an able plan of acam for Mmehead Bluff cisis
and property owners.
lncidentiy, the trucks conuaue to drive by, v,no stop work has been
issued to duel -
Please acknowledge our petition.
Cordially,
Robert A_ Shaw

"I cuou 1 r : (4J 19197266087 -
ROBERT A SNAW PAGE 64
12A • The News & Observer. Raleigh, N.C:, Wednesday, Aug. 7. 1991
Id 79M
. -9r'- --News,- -"""bser
ine, &o ver,.-­­-."­,,
I advise and enjoin those who direct the paper in the tomo.trors never to advocate any cause
for personal profit or preferment- 1 would rash it always to be '•toe tocsin" and to oevote
ItseH to the polkies of equality and justice to the underprtviieeed. if the paper should at any..
tome be the'voice of sell4ntere'st ar' become the spoKesmm of piNilege or selfishness It would
be untrue to Its 1istory, — JOSEPHU5 DANIELS, Editor and Publisher 18941948,
Wt
Eove mat afrt w ater
The state Environmental Man-
agement Commission will7turn'log=
is on its head if, it: 'yfelds, Ao
developer pressure to , downgrade
the water classification of Carteret
County's heavily - used Peletier
Creek, west of Morehead City.
Developers piously say.:the tidal -
creek, now classed SA, should be
downgraded because it, is already
too polluted to -meet the state's
"clean enough for shellfish harvest-
ing" standard for that .class of.
waters. :They - don't say,.. but * all
concerned know, that -downgrading
would -let. them crowd ' its banks
with even more pollution sources —
more rna'rinas; mare'' homes acid
businesses served by septic tanks, .
more roads', roofs and parking lots
to sluice, foul, stormwater into the
creek..
How in, the name "of cause .and
effect' is that ever going"to 'make'-:-
Peletier Creek ----or Bogtie Sound,
whose tides flush it — cleaner?
Much of Bogue Sound is already,
to put it politely, at risk. Such
sounds, with their marshes ,and
tidal creeks, were once the teem- .
ing, fertile nurseries for-an'incredi-
ble bounty of fish and shellfish
Pollution -and the ravaging of hab
tat iri'and at6tind the nurseries- is,
along with overfishirig,: responsible
for a drastic,' alarming ,drop-off in
fish catches all along .the East. -
Coast. In North Carolina waters,
the edible-finfish catch in'090 was
less than half.of 1980's. � :
This, ongoing disaster will never
be turned around by the 'kind -of
crackpot "realism" that says dirty
waters should be down -classed '.in -
stead of cleaned up. Downgrading
'Peletier "Creek would : set a scary,,
...policy -.precedent. that can never,
lead, to cleaner coastal waters, only;
to filthier ones.
Of course Peletier Creek is pollut-
ed. now ---fon just one reason.
-existing •development. The creek,,
must: accept the 'mess from eight;
marinas and the thousands of boats
'that use themi'..plus, runoff and
septic -tank seep . from scores of
ht�sinesse.s, homes and roads. _
But, contrary to official wisdom
in the Division ' of Environmental
Management; `the -fouling may riot;
be irreversible. Shellfish regula-;
tors, who work for 'a different state
agency, recently found 10 failed;
septic _ tanks that had • fed raw
sewage - ,into Peletier Creels for
years..Septic tanks' can be fixed. ;``
wn&r .',of these and other. pre :.O
seat and potential. pollution sources'
know' it's the creek that gives their'
property its value: instead of open-
ing the door to.' -more and vvor: e6'.
exploitation, the state must— with'
incentives . f possible — 'help then:
.owners shift. their - attitudes and
actions toward` sustainable stew:
ardship ' of -"that asset. Arty.. others
state • policy is not environmental;
management "but.. environmerital
suitade.:
'Good Morning
When he sought the public's ideas,,1
on rescuing the'.city budget, -New-'.J.
York Ma David Dinkins greetedt
a.' man .dressed as Santa Claus
appropriate, since the mayor needs;•
a miracle on 34th Street.
9

_ 03/15/2000 17:43 19197266067
If, it look= like a duck, waddles
like ad duck and quad Hite a duck,
it's a dudd
ROBERT A SHAW
itnitia nve to improve ttx quality or
Pelletier Creek.
Nutsf Tbun is patently ridiculous and
From ail the publicity ilowxng w�St la G et 4-oennry81 then envi-
dcaa►rtmt>um, pw9le in Raleigh must renew and the economy an synony-
mous. Desaw cw ruin the envVM-
have just
and Pclletiar Cmek. mat here and then economy is nao no-
77e issue is wbetha priZeder C mek, stroysd and ruined.
which -flows into Bogue Sound, As much as some envirotanentalists
should be reciassifd fiom. Class SA would Bike to think or claim it does,-
to Class SH WIMM and as much as some edimrial writers
Saltwater bodies in North Carolina in Raleigh would like to think or
are chassificd in three categories --. claim it does, the r c! usification of
SA, SB and SC — depaading an trjr Pelletier Creek does not pit
uses. The highest ciaasi5ca ion is SA "developers" against envin=ental-
and mnteaas the waters contains edible ists. Reclassification simply admits
shellfish. SB is assigned to wau= th= i, a gmdia8 system, and for us to
suitable for swimming, and SC is as- insinuate the slightest hint of validity,,
signed to waters . whem neither shell- we must be nuthful.
fish consumption or swimming are czi- Wacs quality clas"wadons have
coursged been created to grade bodies of water
As we noted hem. July 19, Pelletier and allow pence cuon of pristine wa-
Creek has been closed to sheilibbing =3. To make classificadm valid and
for 36 years. smite 1955, becmne. feral truthful, appropriate classifications de-
coliform bacteria levels in the c:mk termined by stadies and tests should
excead the water quality standard, The be assigned. If the sue, through
cr=k is highly -developed. with both Shellfish Sanitation, is going to Be
commercial and resideatUd. develop` about it, throw the whole eissaifca-
ment consisting of eight marinas and tion system out. Declassify everything
homes and con ' - niniums. Studies by including "pristine waters." Let's not
the N.C. Division of Envitoamesutal be hypocritical -
Management (DEM) and the Divixm ' If Pelletier Creek does not warrant a
of Marine Fisheries indicate that them reclassification to at least an SB clas-
essentially are no shellfish in the sifir-adcn — and enough evidence ap-
cre ek. which the SA classification is parently exists to reclassify it to SC —
intended-sc-ptotei:% ham- the rearm- there -are =tto bodies of wrier -which
mendaaon for SB classifl_ cation. warrant such reciassification.
Representatives of the Shellfish Tremendous economic benefit is de -
Sanitation Section of the N.C. Divi. rived fivm Peelleder C reck in the form
sion of health Services concede that of taxes (homes and condomoniums)
Pelletier Creek is the Most degraded and jobs (livelihoods and wages)- It is
body of water in - the county and also a classic example of a body of
among the: most degraded bodies of water wheat: the classification is not
wa= in the star. The quiliry of Pel- only inconsistent with its function, but
ltde:r Creek is inferior to fOUr bodies at adds.
of waft in t3tc county, each of which Reclassifying Pelletier Creek does -
has an SC classification: rho estuaries not mein it can't be improvead. If and
riving" the municipal sewage dis-' when the .watts quality of the creek
charge of Newport, Beaufort and improves, the creek should and can be
Morehead City, as well as the area roclassif=d.
next to trite Morehead City Stage Pert If is to have meaning
and Morehead Chry waterfront. and validity, Pelletier C�+e k thould be
Yet Shellfish Sanituion, along with reclassified SB.
some enviro mental intm=t orpaiza-
dons and a Rakigh. odisoeial writcr,...
contend that Pelletier Creek should.
not . be. 1eC1ssaifiC d SB ' -bee an -:Av
would;
Th:e- man wbo ne:vcr altrrs bis opia-
kas is Woo sadnding wager, and baaeds
xgxiles of the mind.
PACE 05
M.
O
U)
N
(1) net a precedent for other water-
bodics in the state, sad

03/15/2000 17:43
19197266087
ROBERT A SHAW
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March 15, 2010
Chris Baker
NCDCNR Wilmington Regional Office
127 Cardinal Drive Extension
Wilmington, NC 28405
RE: Notice of Inspection
Bluffs View
Permit 4SW8991121
Carteret County N!C
Dear Chris,
The ownership of Bluffs View common areas was deeded .January 17, 2006 to the Home
Owners Association as evidenced by the attached deed recorded In Carteret County
Registry Book 1160 Page 496.
I am forwarding your letter of March 4, 2010 to:
Evelyn Deane
2599 Westridge Road
Kinston, NC 28504
Please change contact name and address on your records.,
David Waller
FMAR
:aS2010
[55

,.1
J-Prepared by: JAMfIS W. THOMPSON
Melanie Arthur 3P
CRRTF:kr'r COl1N'FY
BWC Date 03/07/PO06 Tinse 13:05:00
GR 1160496 Panp 1 of 3
MORTIS C/1RCJ<,IF.A, ��:l17%f;tT COfSi'}TY
Thh kmtrulnorb and W¢ ea; iJicn�u en; Caly fi? st tho
uaffi and lima arrd 1n tho @ook arxl ft:ej shorYn on tho
I
ira[ PKW haropt-
lame ;r R jS1,r d Cede
Br
AWA) ftA94,MW pry,
NOR1H CAROLINA WARRANTY DEED
CARYERET COUNTY PIN'H_Va. 1 5'..5q?i000
STAMPS S-0
This Deed, utttde this day of January, 2006, by and between WALLER-
AICNIILLAN PARTNERSHIP; A NORTH CAROLINA GENERAL PARTNERSHIP,
hereinafter referred to as the "Grantor" and 13LUFFS VIEW OWNERS' ASSOCIAT[ON,
INC., A NORTH CAROLINA CORPORATION, of 611 Atlantic Beach Causeway, Atlantic
Beach, North Carolina, 25512, hereinafter ref -erred to as the "Grantee";
WITNF,SSE'rl[:
THAT HE GRAN"I.011, for a valuable consideration to Grantor paid by the Grantee,
the receipt of which is hereby acknowledged, has bargained and sold, and by these presents does
hereby grant, bargain, still and convey to the Grantee, Grantee's successors and assigns, that
certain parcel of land situate in Morehead 'Cowuship, Carteret County, North Carolina, and more
particularly described on Exhibit "A" attached hereto and made a part hereof.
TOHAVE AND TO HOLD said tract or parcel of land, and all privileges and
appurtenances thereunto belonging nr in any way appertaining to the said Grantee, Grantee's
successors and assigns, forever,
BOOK o PACE U c,
t
MAR 2S2010

f

t
AND" I'llf GRANTOR does covenant that Grantor is seized of'said premises in fee
simple and has the right to convey the same in fee simple; that the same is free and clear of
encombrances,.except as hcrcin set forth; and that Grantor will warrant and defend the said title
to the same'against the claims of all persons whomsoever.
t
IN WITNESS WHEREOF, the Grantor has hereunto set its hand and seal, the clay and
year first above written.
WALL E R -MCNIILLAN PARTNERSHIP
A North C olina General Partnership
➢y: SEAL)
David Waller, Jr., General Mirincr
By: S Mir (SEAL)
Scott cMillan, General Partner
STATE OF NORTH CAROLINA
COUNTY OF CARTER -ET
1, a Notary Public, do hereby certify that J. David Waller, Jr., General Partner o� ,,,.Mr,K,, ,
WALLER-MCMILLAN PARTNERSI1111, Grantor, personally appeared before me:AiA.diiyVntS.S,',,\
acknowledged the due execution of the foregoing Deed. O}••'"�. '{'• •':.
Witness my hand and notarial seal, this - /Y_ day of lanu, ry, 2006. �` ' ` c
.qj
Notary PnNic 54,I; e
My Commission Expires: S/(
STATL; OF NORT1 I CAROLINA
COUNTY OF CARTERI;T
1, a Notary Public, do hereby certify that Scott J. McMillan, General Partner of
WALLER-MCMILL4N PAR174MIRS111P, Grantor,•petsonally' dppeared iiefure me this day and
acknowledged the due exccution of the foregoing Deed.
Witness my hand and notarial seal, this day of January, 200b, o}� •. ,��yti.
1
My Commission Expires:Notary Public gtn51 7L,_ j o I ¢r ,r
III/ G `.�'� t f+ •z ,� r t: .
UQQf( Il{oo... P11U't 1i'tn
-
MAR 2 3 201Q
BY:

Exhibit "A"
Tract 1: Being all of that property depicted as the Bluffs View Townhomes project as shown on
that plat of record'in Map Book 29, page 901, Carteret County Registry, SPECIFICALLY
> IXI)ING HOWEVER, Lots 1-13.
Tract 2: Being that po'dion of Georgia Avenue which is bounded on the north by the westerly
extension of the north line of Block 45 of the Morehead Bluffs Subdivision; bounded on the east
by the centerline of Georgia Avenue; bounded on the south by the. north right-of-way line of
Shore Drive; and bounded on the west by the east line of Block 46 Morehead Bluffs; reference
bring hereby.made to the recorded map of the Morehead Bluffs Subdivision in Map Book 1,
page 13, Carteret county Registry for a more particular description.
This conveyance is made pursuant to and subject to that certain ORDER OF CLOSING 2004-02
which is recorded'in Book 1036, page 467, Carteret County Registry.
It is theAntent of this conveyance to transfer all common areas of The Bluffs View Townhomes
project to the Grantee in accordance with the Declaration of Covenants and Restrictions for Bluff
View. Townhomes of record in Book 904, page 321, Carteret County Registry.
NO TITLE SEARCH REQUESTED
NO TITLC SEARCH PERFORMED BY THIS FIRM
MAR 232010

STROUD ENGINEERING, P.A.
Hestron Plaza Two
151•A Hwy, 24 R, , �EIVED
MOREHEAD CITY, NC 28557
MAC 2 4 zaoa
TO t �
[phone]
�
V
127 CA _wUkn► Q 01.
S
WE ARE SENDING YOU ❑ Attached ❑ Under separate cover via
❑ Shop drawings ❑ Prints ❑ Plans
❑ Copy of letter ❑ Change order ❑
DATE 3 2
ATTEtVTI /-
RE: ����►�w�+•l
U
the following items:
❑ Samples ❑ Specifications
COPIES DATE NO. DESCRIPTION
THESE ARE TRANSMITTED as checked below:
❑ For approval
❑ For your use
requested
❑ For review and comment
❑ FORBIDS DUE
REMARKS
❑ Approved as submitted ❑ Resubmit
❑ Approved as noted ❑ Submit _
❑ Returned for corrections ❑ Return _
—copies for approval
—copies for distribution
corrected prints
0 PRINTS RETURNED AFTER LOAN TO US
COPY TO
SIGNED: ' T
if enclosures are not as noted, kindly notify us at one

foF
J-L
9

Fwd: Re: Bluffs View
•f , i
Subject: Fwd: Re: Bluffs View
Date: Tue, 28 Mar 2000 09:04:53 -0500 (EST)
From: [e-mail] (Robert A. Shaw)
To: Rick. Shiver@ncmail. net, bill. [e-mail], James. W. Del o ny@u sace. Army. mil,
[e-mail], [e-mail],
[e-mail], Joanne. [e-mail], [e-mail],
ted_tyndall@mall. enr.state. nc.us, [e-mail], [e-mail],
[e-mail], [e-mail], Carolinai"[e-mail],
[e-mail], [e-mail], [e-mail],
beverlyp@ms. ncga. state. nc. us, [e-mail], [e-mail], [e-mail],
[e-mail], [e-mail], [e-mail],
[e-mail], [e-mail], [e-mail],com,
[e-mail]
CC: [e-mail]
Please refer to this request.
Subject: Re: Bluffs View
Date: Mon, 20 Mar 2000 15:59:55 -0500 (EST)
From: [e-mail] (Robert A. Shaw)
To: [e-mail] (Rick Shiver)
CC: [e-mail]
Rick Shiver:
Please send copy(s) of Wetland Delineation Reports submitted by Ron
Cullipher, Joanne Steenhuis, or private environmental consultant(s) of
record under N.C. Public Records Law.
Given, there are none; please explain how the Bluffs' View permit was
approved in violation of North Carolina General Statutes.
(malfeasance/misfeasance)
Why were Morehead Bluff's property owners excluded from the discovery
process? Their properties abut this project and can testify to the
truth of the matter; documented by several hundred photographs taken
periodically during the past three years. This information was refused
by your investigators and Jeffrey Rickter, COE.
We request your office forward a copy of your file submitted to the
Attorney General's office to assure compliance to North Carolina General
Statutes. Further, issue a stop work order or rescind the permit until
our complaint is reviewed and investigated by the Internal Affairs
office.
To resolve the Wetland Delineration issue,
if required for an unbiased evaluation, the
environmentalist Richard Chinn; noted trainer
Delineators, bio under separate
cover.
Cordially,
Robert A. Shaw
case will be referred to
of USACE Wetland
1 of 3 03/28/2000 10:47 AM

Fwd: Re: Bluff View
Subject: Re: Bluff's View
Date: Mon, 20 Mar 2000 09:42:36 -0500
From: Rick Shiver <Rick. Shiver@ncmail. net>
To: "Robert A. Shaw" <[e-mail]>, [e-mail]
Hello, Mr. Shaw,
We will refer this case to the Attorney General's Office for their review and
comment to make sure that we've not overlooked anything. However, Joanne
Steenhuis of our office and Jeff Richter of the Corps of Engineer did not
identify any juridictional wetlands on the parcel that is the object of your
interest, so I've not yet identified a basis to recommend rescission of the
stormwater permit in question. With respect to the circumstances in which you
are afforded the opportunity for third party appeal in this case, I will leave
it to the AGO's office to provide further guidance on this particular issue,
since you do not agree with my opinion.
"Robert A. Shaw" wrote:
> Attention: Rick Shiver
> The North Carolina Administrative Code Section .1011 Modification and
> Revocation of Permits states:
> Any pemit issued by the Division pursuant
> to these Rules (copy attached) is subject to revocation or modification
> upon 60 days notice by the Director in whole or part for good cause
> including but not limited to:
> (1) violation of any terms or conditions of the permit; (2) obtaining
> a permit by misrepresentation or failure to disclose fully all relevant
> facts;
> According to Linda Lewis February 29, 2000 e-mail the Scott McMillan
> permit was approved without the required Wetland Delineation Report.
> Your files and municipal minutes from Town of Morehead clearly
> demonstrate that you were misled by Ron Cullipher, Project Manager for
> Waller -McMillan.
> Therefore, Bluffs View Stormwater Project SW8991112 must be recinded
> based upon North Carolina Law.
> Cordially,
> Robert A. Shaw
> ---------------------------------------------------------------------------
> Subject: Bluff's View
> Date: Fri, 17 Mar 2000 08:39:56 -0500
> From: Rick Shiver <[e-mail]>
> To: TrumpyFive-00webtv.net, [e-mail]
> Mr. Shaw,
> I'm not aware of any appeal process for state agency decisions that are
2 of 3 03/28/2000 10:47 AM

Fwd: Re: Bluffs View
> available to you at this point. If a state agency makes a decision of
> some type, Usually involving a permitting decision, appeals are
> generally an option but only within a certain time period. I think the
> time period for an appeal of this stormwater permit is long past. I'll
> check with the Attorney General's Office.
> ------------------------------------------------------------------------
> Rick Shiver <[e-mail]>
> Rick Shiver
> <Rick.Shiver8ncmail.ner>
> 127 Cardinal Drive Ext. Fax: [phone]
> Wilmington Work: 910.395.3900
> NC
> 28405
> Additional Information:
> Last Name Shiver
> First Name Rick
> version 2.1
Rick Shiver <[e-mail]>
E
3 of 3 03/28/2000 10:47 AM

Re: Fwd: Re: Fwd: Bluffs View
Subject: Re: Fwd: Re: Fwd: Bluffs View
Date: Tue, 28 Mar 2000 09:08:07 -0500 (EST)
From: [e-mail] (Robert A. Shaw)
To: [e-mail] (Rick Shiver)
CC: [e-mail]
Please refer to March 20, 2000 e-mail to you and your response.
Subject: Re: Fwd: Re: Fwd: Bluffs View
Date: Tue, 28 Mar 2000 08:29:10 -0500
From: Rick Shiver <Rick. S hiver@ncmail. net>
To: "Robert A. Shaw" <[e-mail]>
Hi, Mr. Shaw,
Sorry, I may have missed it, but I didn't see that there were questions in this
string of messages that had gone unanswered. Rick
"Robert A. Shaw" wrote:
> For your information.
> Bob Shaw
------------------------------------
> Subject: Re: Fwd: Bluff's View
> Date: Tue, 28 Mar 2000 07:36:40 -0500
> From: Rick Shiver <[e-mail]>
> To: "Robert A. Shaw" <TrumpyFive-00webtv.net>
> References:<16059-38DFDBFE-14210storefull--138.iap.bryant.webtv.net>
> Hi, Mr. Sha w,
> I understand. Rick
> "Robert A. Shaw" wrote:
> > Rick: We have referred this matter to Richard Chinn to recommend
> > unbiased Certified Wetland Deiineators to conduct
> > a wetland evaluation on our behalf.
> > Thank you for your cooperation.
> > cordially,
> > Bob Shaw
> > ------------------------------------------------------
> > Subject: Fwd: Bluff's View
> > Date: Mon, 27 Mar 2000 16:49:33 -0500 (EST)
> > From: TrumpyFive-00webtv.net (Robert A. Shaw)
> > To: [e-mail]
> > CC: [e-mail]
1 of 3 03/28/2000 10:48 AM

Re: I-wd: Re: I:wd: Bluffs View
> > Richard Chinn:
> > The documenation and photographs will be sent tomorrow. I will forward
> > e-mail messages to complete the picture with respect to the concerns
> > expressed today.
> > Neil Flanagan, Duke Wetland Center suggested I contact you for referrals
> > to Certified Wetland Delineators in the Carteret County, North Carolina
> > area.
> > We appreciate your cooperation.
> > Cordially,
> > Bob Shaw
> > 309 Mansfield Parkway
> > Morehead City,N. C. 28557
> > [phone] res
> > 726-6087
> > ----------------------------------------------------------------------
> > Subject: Bluff's View
> > Date: Mon, 27 Mar 2000 14:28:21 -0500
> > From: Rick Shiver <[e-mail]>
> > To: [e-mail]
> > Hi, Mr. Shaw,
> > I have just spoken with our attorney with the Attorney General's Office
> > who handles our stormwater inquiries. He's in receipt of the packet I
> > sent him concerning your request to rescind the permit. He says that if
> > you want to appeal the stormwater permit issued to Bluff's View, you
> > have to be an "affected" party and appeal it within a certain time
> > period. He suggests that you consult an attorney about this process or
> > call the Office of Administrative Hearing at 919.733.2698. The folks
> > with OAH can provide you with a copy of the petition. Rick
> > --------------------------------_-----------------------------------------
> > Rick Shiver <[e-mail]>
> > Rick Shiver
> > <[e-mail]>
> > 127 Cardinal Drive Ext. Fax: 910,350.2004
> > Wilmington Work: 910.395.3900
> > NC
> > 28405
> > Additional Information:
> > Last Name Shiver
> > First Name Rick
> > Version 2.1
>--------------------------------------------------------------------------
> Rick Shiver <[e-mail]>
> Rick Shiver
> <[e-mail]>
2 of 3 03/28/2000 10:48 AM

Re: Fwd: Re: Fwd: Bluffs View
> 127 Cardinal
Drive Ext.
> Wilmington
> NC
> 28405
> Additional Information:
> Last Name
shiver
> First Name
Rick
> Version
2.1
Fax: [phone]
Work: 910.395.3900
k
Rick Shiver <Rick.Shiver(a7ncmail.ner>
3 of 3 03/28/2000 10:48 AM

Bluffs View Project
Subject: Bluffs View Project
Date: Thu, 23 Mar 2000 07:41:16 -0500 (EST)
From: [e-mail] (Robert A. Shaw)
To: Joanne. [e-mail], Jeffrey.H. Richter@usace. army. mil, Rick. Shiver@ncmail. net,
george, w, wright@usace. army. mil
CC: [e-mail]
As you know, Blocks 45 and 46 run parallel south of San Juan
right-of-way to South Shore Drive separated by Georgia Avenue.
Warren Perry family members deed states:
"from the east side of Tennessee Avenue to the west side of Georgia
Avenue and from San Juan Circle to high water mark at Bogue Sound."
The portion of Block 46 extending south of San Juan right -a -way parallel
to Mansfield Parkway to South Shore Drive is the site of the former
water treatment plant. It was situated about 60' east of Atlantic
Avenue/Mansfield Parkway juncture.
This property is 240' from the parkway and fell off sharply east to
Georgia Avenue as confirmed by photographs shown to Jeffrey Richters
recently. The wetlands extend from Tennessee Avenue west along San Juan
Circle to and including Georgia Avenue and portions of the Bluff View
Project.
The quantity of fill can be determined by billing statements from the
contractor, Bobby Archer.
We request again that a work order be issued to afford time to
investigate all the factors involved for everyone concerned with this
project.
Cordially,
Robert A. Shaw
309 Mansfield Parkway
Morehead City, N. C. 28557
1 of 1 03/27/2000 10:32 AM

Re: [Fwd: Robert Shaw Complaint]
Subject: Re: [Fwd: Robert Shaw Complaint)
Date: Wed, 22 Mar 2000 17:53.37 -0500
From: Boyd Devane <Boyd. Devane@ncmail. net>
To: Greg Thorpe <[e-mail]>
CC: Bradley Bennett <B radley.Bennett@ncmail. net>,
Coleen Sullins <[e-mail]>, Rick Shiver <[e-mail]>,
Dianne Reid <[e-mail]>, Jeff Manning <[e-mail]>
You are correct. We classified Peltier Creek (yes, the spelling surprised me too) as an SB# with the
pound sign which specifies that "Discharges of sewa e are prohibited to segments classified SB or SC. .
. according to the provisions of 15A NCAC 2B .0203 and 2H .0404(a)". Rule .0203 allows us to protect
downstream uses and 2H .0404 provides for "no domestic sewage" and "no other wastes which could
adversely affect the taking of shellfish shall be discharged ...in other waters in close proximity as to
adversely affect such SA waters". Our argument for using the SB# to control stormwater could be
questionable because it says no discharge of sewage and in our definition of "sewage" in 2H .0203(34), it
seems to limit "sewage" to "liquid or solid human waste" . Just a thought.
Greg Thorpe wrote:
I thought Pelletier Creek was one of those funky reclasses that was done
as SB, with a special condition that there be no discharges. Am I
remembering this wrong? please advise. Thanks!
Subject: Robert Shaw Complaint
Date: Wed, 22 Mar 2000 11:24:49 -0500
From: Rick Shiver <Rick. S hiver@ncmail. net>
To: [e-mail], [e-mail],
[e-mail]
Tommy, Greg, and Coleen,
A Mr. Robert Shaw has been in contact with us by phone and a -mail about
a stormwater permit that we issued to a project named "Bluffs View",
located in the Mansfield Parkway near Morehead City, Carteret County.
The stormwater permit (SW8 991121) is for a high density development (13
townhouses) with a wet detention basin that outfalls into Pelletier
Creek, SB# waters of the state.
The stormwater application says that no 404 jurisdictional wetlands are
located on this site. Joanne Steenhuis and Jeff Richter with the USACOE
visited the site together on March 9, 2000, and confirmed that no
wetlands were present on the Bluffs View site, although they did
discover wetland fill at an area OUTSIDE of Bluffs View. Joanne says
that the corps will followup on this discovery.
And now we get to the core of Mr. Shaw's complaint, which is that he
claims that wetlands ARE present on the Bluffs View site, that these
1 of 2 03/27/2000 1027 AM

Re: [Fwd: Robert Shaw Complaint]
wetlands are being filled, that the engineer (Ron Cullipher of Stroud
Engineering )who completed the stormwater permit application "neglected"
to identify these wetlands as required by the rules, and, consequently,
DWQ is duty-bound to rescind the permit because the wetland information
in the permit application is in error. I have informed him that we have
found wetlands on this site, and I therefore have found no basis to
recommend rescinsion of this permit, so he is not pleased, and plans to
appeal this decision in whatever way available to him to include a third
party appeal,
He has engaged in a flurry of e-mails to anyone of authority who he
thinks can or will take action on his requests, so this message is to
let you know that you will probably hear about it soon. He has sent
e-mail messages to Bill Holman, so it'll probably work its way
downward. Coleen, I will send you a copy of the paper that we have on
this one so that you can follow it, if it gets to that point.
The bottom line is that his complaints have been investigated, we have
found no basis for them. It is our opinion that he will continue to
persue this issue no matter what, so I would suggest early on that we
ask Bill to send him a strong letter that supports the agency's
position on this. Otherwise, we're going to have to spend a lot of time
responding to Mr. Shaw's concerns, none of which I have identified as
justifiable from a stormwater or wetland perspective.
I have referred the paper on this project to Brian McGinn to make sure
that we have not overlooked anything,
Thanks, Rick
Rick Shiver <Rick. Shiver@ncmail. ner>
Rick Shiver
<Rick. [e-mail]>
127 Cardinal Drive Ext. Fax: [phone]
Wilmington Work:910.395.3900
NC
28405
Additional Information:
Last Name Shiver
First Name Rick
Version 2.1
2 of 2 03/27/2000 t0:27 AM

March 22, 2000
Coleen,
Attached are most of the relevant documents concerning the Robert Shaw complaint. You may
recall that I sent you an e-mail about this matter on March 22nd. please let me know if you need
more information. Thanks, Rick

Re: BlUiT, View
Subject: Re: Bluff's View
Date: Wed, 22 Mar 2000 11.02.58 -0500 (EST)
From: [e-mail] (Robert A. Shaw)
To: [e-mail] (Rick Shiver)
CC: [e-mail]
We appreciate your early response.
Correction: I was referring to Friday, 3/24/2000, after loam.
Your letter stated, "There is no Internal. Affairs Office of which I am
aware."
Then what mechanism is in place to assure compliance under North
Carolina law with respect to public officials who break their oath of
office and commit malfeasance/misfeasance actions. Who is responsible
for tis oversight?
"As a matter of procedure, if an applicant provides incorrect,
erroneous, or misleading information in a permit application that
significantly bears on the agency's permitting decision, I would think
that the permitting agency can, with due process, move to revoke the
permit."
How can this be? No applicant who has misrepresented or falsified
factual information would at a later date admit to a criminal offense.
We welcome the opportunity to convene with your staff and George W.
Wright, March 24, 2000 after 10a.m.
Please acknowledge.
Cordially,
Robert A. Shaw
Subject: Re: Bluffs View
Date: Wed, 22 Mar 2000 09:52:06 -0500
From: Rick Shiver <Rick,Shiver@ncmail. net>
To: "Robert A. Shaw" <[e-mail]>
Hi, Mr. Shaw,
Mr. John Dorney's mail address is DWQ-WQS-Wetlands, 1621 Mail Service Center,
Raleigh, North Carolina 27699-1621. John's phone number is 919.733.9646 and his fax
number is 919.733.9959.
When you visit me, I will be glad to provide you with a copy of our organizational
chart for your reference and use. There is no "Internal Affairs Office" of which I
am aware, so I don't know how to help you with that request.
I will be happy to meet with you to discuss this project. However, we need to talk
about meeting another day, since I will be in Raleigh on April 4 and 5. Your e-mail
says that you will visit us on "3/4/2000 but I suspect that you meant April 4. If
you wish to talk to either Linda Lewis or Joanne Steenhuis, I will be glad to arrang
a meeting room, day, and time, so that you can talk to all three of us at one time.
As I have said previously, staff have not presented me with any new information that
leads me to believe that I should recommend that the Director rescind the stormwater
1 of 5 03/22/2000 11:45 AM

Re: I3110's VIC\V
permit in question. As promised, I forwarded a package with the pertinent facts to
the Attorney General's Office for their review to make sure that I have not
overlooked any fact or law that would change my opinion in this matter.
As a matter of procedure, if an applicant provides incorrect, erroneous, or
misleading information in a permit application that significantly bears on the
agency's permitting decision, I would think that the permitting agency can, with due
process, move to revoke the permit. As to the question of third party appeal, I'm
aware that you have the right to do so, but I'm not really familiar enough with the
details to be of any assistance in that area.
"Robert A. Shaw" wrote:
> Rick Shiver:
> We appreciate your cooperation to share the records related to this
> project which .Linda Lewis sent recently.
> Please advise:
> * table of organization from you to John Dorney, Central Office and his
> address, phone and fax numbers;
> *same information for internal Affairs Office.
> Plan trip to Wilmington, Friday, 31412000
> to review public records including the investigation report conducted by
> Joanne Steenhuis.
>
> Request an interview with you or your designee after lunch to determine
> whether you will rescind the permit granted to Scott McMillan before
> statute of limitation expires.
> Please advise.
> Cordially,
> RobertA. Shaw
> ------------------------------------------------------------------------
> Subject: Re: Bluff's View
> Date: Mon, 20 Mar 2000 17:05:49 -0500
> From: Rick Shiver <[e-mail]>
> To: "Robert A. Shaw" <TrumpyFive-00webtv.net>
> References:<26507-3BD6914B-103970storefull-136.iap.bryant.webtv.net>
> Hi, Mr. Shaw,
> I will be more than happy to make any and all files concerning Bluff's View
> available for you to review and copy. Our policy is to make these records
> available to the public during Each working day. Please call Brian Olson at
> 910.395.3900 at least 24 hours before you need to review them and they will be
> ready for you. If you copy 25 or less copies, there is no charge. If you copy
> more than 25, we ask that you pay 10 cents per copy for all of them. our policy
> does not allow you to take the file out of the office.
> Because of a lack of staff and resources at our end, it is not possible for us to
> copy the file and send it to you. Consequently, the policy that I have informed
> you of above is the policy that has been set at the department level.
2 of 5 03/22/2000 11:45 AM

Re: 131tt11's View
> "Robert A. Shaw" wrote:
> > Rick Shiver:
> > Please send copy(s) of Wetland Delineation Reports submitted by Ron
> > Cullipher, Joanne Steenhuis, or private environmental consultant(s) of
> > record under N.C. Public Records Law.
> > Given, there are none; please explain how the Bluffs' View permit was
> > approved in violation of North Carolina General Statutes.
> > (malfeasance/misfeasance)
> > Why were Morehead Bluff's property owners excluded from the discovery
> > process? Their properties abut this project and can testify to the
> > truth of the matter; documented by several hundred photographs taken
> > periodically during the past three years. This information was refused
> > by your investigators and Jeffrey Rickter, COE.
> > We request your office forward a copy of your file submitted to the
> > Attorney General's Office to assure compliance to North Carolina General
> > Statutes. Further, issue a stop work order or rescind the permit until
> > our complaint is reviewed and investigated by the ,internal Affairs
> > Office.
> > To resolve the Wetland Delineration .issue,
> > if required for an unbiased evaluation, the case will be referred to
> > environmentalist Richard Chinn; noted trainer of USACE Wetland
> > Delineators, bio under separate
> > cover.
> > Cordially,
> > Robert A. Shaw
> > --------------------------------------------------------------------------
> > Subject: Re: Bluff's View
> > Date: Mon, 20 Mar 2000 09:42:36 -0500
> > From: Rick Shiver <[e-mail]>
> > To: "Robert A. Shaw" <[e-mail]>, [e-mail]
> > References:<28551-38D36DBE-22340storefull-132.iap.bryant.webtv.net>
> > Hello, Mr. Shaw,
> > We will refer this case to the Attorney General's Office for their review and
> > comment to make sure that we've not overlooked anything. However, Joanne
> > Steenhuis of our office and Jeff Richter of the Corps of Engineer did not
> > identify any juridictional wetlands on the parcel that is the object of your
> > interest, so I've not yet identified a basis to recommend rescission of the
> > stormwater permit in question. With respect to the circumstances in which you
> > are afforded the opportunity for third party appeal in this case, I will leave
> > it to the AGO's office to provide further guidance on this particular issue,
> > since you do not agree with my opinion.
> > "Robert A. Shaw" wrote:
> > > Attention: Rick Shiver
3 of 5 03/22/2000 11:45 AM

Re: BILIff S Vic«
> > > The North Carolina Administrative Code section .10I1 Modification and
> > > Revocation of Permits states:
> > > Any pemit issued by the Division pursuant
> > > to these Rules (copy attached) is subject to revocation or modification
> > > upon 60 days notice by the Director in whole or part for good cause
> > > including but not limited to:
> > > (1) violation of any terms or conditions of the permit; (2) obtaining
> > > a permit by misrepresentation or failure to disclose fully all relevant
> > > facts;
> > > According to Linda Lewis February 29, 2000 e-mail the Scott McMillan
> > > permit was approved without the required Wetland Delineation Report.
> > > Your files and municipal minutes from Town of Morehead clearly
> > > demonstrate that you were misled by Ron Cullipher, Project Manager for
> > > Waller -McMillan.
> > > Therefore, Bluffs View Stormwater Project SW8991112 must be recinded
> > > based upon North Carolina Law.
> > > Cordially,
> > > Robert A. Shaw
> > > ----------------------------------------------------------------------
> > > Subject: Bluff's View
> > > Date: Fri, 17 Mar 2000 08:39:56 -0500
> > > From: Rick Shiver <[e-mail]>
> > > To: TrumpyFive-00webtv.net, [e-mail]
> > > Mr. Shaw,
> > > I'm not aware of any appeal process for state agency decisions that are
> > > available to you at this point. If a state agency makes a decision of
> > > some type, usually involving a permitting decision, appeals are
> > > generally an option but only within a certain time period. I think the
> > > time period for an appeal of this stormwater permit is long past. I'll
> > > check with the Attorney General's Office.
> > > ----------------------------------------------------------------------
> > > Rick Shiver <[e-mail].r>
> > > Rick Shiver
> > > <[e-mail]>
> > > 127 Cardinal Drive Ext. Fax: [phone]
> > > Wilmington Work: 910.395.3900
> > > NC
> > > 28405
> > > Additional information:
> > > Last Name Shiver
> > > First Name Rick
> > > Version 2.1
> > ------------------------------------------------------------------------
> > Rick Shiver <Rick.Shiver0ncmail.ner>
4 of 5 03/22/2000 11:45 AM

Re: BILM'S View
Rick shiver
127 Cardinal
Drive Ext.
Wilmington
MC
28405
Additional Information:
Last Name
shiver
First Name
Rick
Version
2.1
<[e-mail]>
Fax: [phone]
Work: 910.395.3900
Rick Shiver <[e-mail]>
Rick Shiver
127 Cardinal Drive Ext.
Wilmington
NC
28405
Additional
Information:
Last Name
shiver
First Name
Rick
Version
2.1
<[e-mail]>
Fax: [phone]
Work: 910.395.3900
.......................................... ....... -..- ...................... ....................... ...... ........................................... .... .......... ---------
Rick Shiver <Rick,[e-mail]>
5 of 5 03/22/2000 11:45 AM

Re: 131tiffs View
Subject: Re: Bluff's View
Date: Tue, 21 Mar 2000 10:19:39 -0500 (EST)
From: TrumpyFive-0@webtv•net (Robert A. Shaw)
To: [e-mail] (Rick Shiver)
CC: [e-mail]
Rick Shiver:
We appreciate your cooperation to share the records related to this
project which Linda Lewis sent recently.
Please advise:
* table of organization from you to John Dorney, Central Office and his
address, phone and fax numbers;
*same information for Internal Affairs Office.
Plan trip to Wilmington, Friday, 3/4/2000
to review public records including the investigation report conducted by
Joanne Steenhuis.
Request an interview with you or your designee after lunch to determine
whether you will rescind the permit granted to Scott McMillan before
statute of limitation expires.
Please advise.
Cordially,
RobertA. Shaw
Subject: Re: Bluff's View
Date: Mon, 20 Mar 2000 17:05:49 -0500
From: Rick Shiver <[e-mail]>
To: "Robert A. Shaw" <[e-mail]>
Hi, Mr. Shaw,
I will be more than happy to make any and all files concerning Bluff's View
available for you to review and copy. our policy is to make these records
available to the public during each working day. Please call Brian Olson at
910.395.3900 at least 24 hours before you need to review them and they will be
ready for you. If you copy 25 or less copies, there is no charge. If you copy
more than 25, we ask that you pay 10 cents per copy for all of them. Our policy
does not allow you to take the file out of the office.
Because of a lack of staff and resources at our end, it is not possible for us to
copy the file and send it to you. Consequently, the policy that I have informed
you of above is the policy that has been set at the department level.
"Robert A. Shaw" wrote:
> Rick Shiver:
> Please send copy(s) of Wetland Delineation Reports submitted by Ron
> Cullipher, Joanne Steenhuis, or private environmental consultant(s) of
I of 4 03/22/2000 11:46 AM

Re: Bluffs View
> record under N.C. Public Records Law.
> Given, there are none; please explain how the Bluffs' View permit was
> approved in violation of North Carolina General Statutes.
> (malfeasance/misfeasance)
> Why were Morehead Bluff's property owners excluded from the discovery
> process? Their properties abut this project and can testify to the ,
> truth of the matter; documented by several hundred photographs taken
> periodically during the past three years. This information was refused
> by your investigators and Jeffrey Rickter, COE.
> We request your office forward a copy of your file submitted to the
> Attorney General's Office to assure compliance to North Carolina General
> Statutes. Further, issue a stop work order or rescind the permit until
> our complaint is reviewed and investigated by the Internal Affairs
> Office.
> To resolve the Wetland Delineration issue,
> if required for an unbiased evaluation, the case will be referred to
> environmentalist Richard Chinn; noted trainer of USACE Wetland
> Delineators, bio under separate
> cover.
> Cordially,
> Robert A. Shaw
> --------------------------------------------------------------------------
> Subject: Re: Bluff's View
> Date: Mon, 20 Mar 2000 09:42:36 -0500
> From: Rick Shiver <[e-mail]>
> To: "Robert A. Shaw" <[e-mail]>, [e-mail]
> References: <28551-38D36DBE-22340storefull-132.iap.bryant.webtv.net>
> Hello, Mr. Shaw,
> We will refer this case to the Attorney General's Office for their review and
> comment to make sure that we've not overlooked anything. However, Joanne.
> Steenhuis of our office and Jeff Richter of the Corps of Engineer did not
> identify any juridictional wetlands on the parcel that is the object of your
> interest, so I've not yet identified a basis to recommend rescinsion of the
> stormwater permit in question. With respect to the circumstances in which you
> are afforded the opportunity for third party appeal in this case, I will leave
> it to the AGO's office to provide further guidance on this particular issue,
> since you do not agree with my opinion.
> "Robert A. Shaw" wrote:
> > Attention: Rick Shiver
> > The North Carolina Administrative Code Section .1011 Modification and
> > Revocation of Permits states:
> > Any pemit issued by the Division pursuant
> > to these Rules (copy attached) is subject to revocation or modification
> > upon 60 days notice by the Director in whole or part for good cause
> > including but not limited to:
2 of 4 03/22/2000 11:46 AM

Re: Bliffl's View
1
> > (1) violation of any terms or conditions of the permit; (2) obtaining
> > a permit by misrepresentation or failure to disclose fully all relevant
> > facts;
> > According to Linda Lewis February 29, 2000 e-mail the Scott McMillan
> > permit was approved without the required Wetland Delineation Report.
> > Your files and municipal minutes from Town of Morehead clearly
> > demonstrate that you were misled by Ron Cullipher, Project Manager for
> > Waller -McMillan.
> > Therefore, Bluffs View Stormwater Project SW8991112 must be recinded
> > based upon North Carolina Law.
> > Cordially,
> > Robert A. Shaw
> > ----------------------------------------------------------------------
> > Subject: Bluff's View
> > Date: Fri, 17 Mar 2000 08:39:56 -0500
> > From: Rick Shiver <[e-mail]>
> > To: TrumpyFive-00webtv.net, [e-mail]
> > Mr. Shaw,
> > I'm not aware of any appeal process for state agency decisions that are
> > available to you at this point. If a state agency makes a decision of
> > some type, usually involving a permitting decision, appeals are
> > generally an option but only within a certain time period. I think the
> > time period for an appeal of this Stormwater permit is long past. I'll
> > check with the Attorney General's Office.
> > ----------------------------------------------------------------------
> > Rick Shiver <[e-mail]>
> > Rick Shiver
> > <[e-mail]>
> > 127 Cardinal Drive Ext. Fax: [phone]
> > Wilmington Work: 920.395.3900
> > NC
> > 28405
> > Additional Information:
> > Last Name Shiver
> > First Name Rick
> > version 2.1
> ------------------------------------------------------------------------
> Rick Shiver <[e-mail]>
> Rick shiver
> <[e-mail]>
> 127 Cardinal Drive Ext. Fax: [phone]
> Wilmington Work: 910.395.3900
> NC
> 28405
3 of 4 03/22/2000 11:46 AM

Re: BILdt'S ViCW
• Additional
Information:
• Last Name
Shiver
• First Name
Rick
• Version
2.1
..........
Rick Shiver <Rick. Shlvcr@ncmall, ne-r>
4 oJ'4 03/22/2000 11:46 AM

Re: 131uffs View
Subject: Re: Bluff's View
Date: Tue, 21 Mar 2000 10:30i52 -0500 (EST)
From: [e-mail] (Robert A. Shaw)
To: Rick [e-mail] (Rick Shiver)
CC: [e-mail]
Rick Shiver:
Please respond to the four questions asked by fax March 20, 2000.
1 ar 1 03/22/2000 11:46 AM

Re: 131110's View
Subject: Re: Bluffs View
Date: Mon, 20 Mar 2000 15:59:55 -0500 (EST)
From: [e-mail] (Robert A. Shaw)
To: [e-mail] (Rick Shiver)
CC: [e-mail]
Rick Shiver:
Please send copy(s) of Wetland Delineation Reports submitted by Ron
Cullipher, Joanne Steenhuis, or private environmental consultant(s) of
record under N.C. Public Records Law.
Given, there are none; please explain how the Bluffs' View permit was
approved in violation of North Carolina General Statutes.
(malfeasance/misfeasance)
Why were Morehead Bluff's property owners excluded from the discovery
process? Their properties abut this project and can testify to the
truth of the matter; documented by several hundred photographs taken
periodically during the past three years. This information was refused
by your investigators and Jeffrey Rickter, COE.
We request your office forward a copy of your file submitted to the
Attorney General's Office to assure compliance to North Carolina General
Statutes. Further, issue a stop work order or rescind the permit until
our complaint is reviewed and investigated by the Internal Affairs
Office.
To resolve the Wetland Delineration issue,
if required for an unbiased evaluation, the case will be referred to
environmentalist Richard Chinn; noted trainer of USACE Wetland
Delineators, bio under separate
cover.
Cordially,
Robert A. Shaw
f...................................................................................................
................................................................... --.....................................................................................................................................--............................
Subject: Re: Bluffs View
Date: Mon, 20 Mar 2000 09:42:36 -0500
From: Rick Shiver <[e-mail]>
To: "Robert A. Shaw" <[e-mail]>, [e-mail]
Hello, Mr. Shaw,
We will refer this case to the Attorney General's Office for their review and
comment to make sure that we've not overlooked anything. However, Joanne
Steenhuis of our office and Jeff Richter of the Corps of Engineer did not
identify any juridictional wetlands on the parcel that is the object of your
interest, so I've not yet identified a basis to recommend rescinsion of the
stormwater permit in question. With respect to the circumstances in which you
are afforded the opportunity for third party appeal in this case, I will leave
it to the AGO's office to provide further guidance on this particular issue,
since you do not agree with my opinion.
"Robert A. Shaw" wrote:
> Attention: Rick Shiver
1 o1' 3 03/22/2000 11:46 AM

Re: Bluffs View
> The North Carolina Administrative Code Section .1011 Modification and
> Revocation of Permits states:
> Any pemit issued by the Division pursuant
> to these Rules (copy attached) is subject to revocation or modification
> upon 60 days notice by the Director in whole or part for good cause
> including but not limited to:
> (1) violation of any terms or conditions of the permit; (2) obtaining
> a permit by misrepresentation or failure to disclose fully all relevant
> facts;
> According to Linda Lewis February 29, 2000 e-mail the Scott McMillan
> permit was approved without the required Wetland Delineation Report.
> Your files and municipal minutes from Town of Morehead clearly
> demonstrate that you were misled by Ron Cullipher, Project Manager for
> Waller -McMillan.
> Therefore, Bluffs View Stormwater Project SW8991112 must be recinded
> based Capon North Carolina Law.
> Cordially,
> Robert A. Shaw
> ------------------------------------------------------------------------
> Subject: Bluff's View
> Date: Fri, 17 Mar 2000 08:39:56 -0500
> From: Rick Shiver <[e-mail]>
> To: [e-mail], [e-mail]
> Mr. Shaw,
> I'm not aware of any appeal process for state agency decisions that are
> available to you at this point. If a state agency makes a decision of
> some type, usually involving a permitting decision, appeals are
> generally an option but only within a certain time period. I think the
> time period for an appeal of this stormwater permit is long past. I'll
> check with the Attorney General's Office.
> ------------------------------------------------------------------------
> Rick Shiver <[e-mail]>
> Rick Shiver
> <[e-mail]>
> 127 Cardinal Drive Ext. Fax: [phone]
> Wilmington Work: 910.395.3900
> NC
> 28405
> Additional Information:
> Last Name Shiver
> First Name Rick
> Version 2.1
2 of 3 03/22/2000 11:46 AM

Re: Bluffs View
-----------------------------
Rick Shiver <Rick.Shivera.ncmail.ner>
3 of 3 03/22/2000 L i :46 AM

Re: Blidf's View
f . ,
Subject: Re: Bluff's View
Date: Sat, 18 Mar 2000 0&51:26 -0500 (EST)
From: [e-mail] (Robert A. Shaw)
To: [e-mail] (Rick Shiver)
CC: [e-mail]
Attention: Rick Shiver
The North Carolina Administrative Code Section .1011 Modification and
Revocation of Permits states:
Any pemit issued by the Division pursuant
to these Rules (copy attached) is subject to revocation or modification
upon 60 days notice by the Director in whole or part for good cause
including but not limited to:
(1) violation of any terms or conditions of the permit; (2) obtaining
a permit by misrepresentation or failure to disclose fully all relevant
facts;
According to Linda Lewis February 29, 2000 e-mail the Scott McMillan
permit was approved without the required Wetland Delineation Report.
Your files and municipal minutes from Town of Morehead clearly
demonstrate that you were misled by Ron Cullipher, Project Manager for
Waller -McMillan.
Therefore, Bluffs view ,Stormwater Project SW8991112 must be recinded
based upon North Carolina Law.
Cordially,
Robert A. Shaw
Subject: Bluffs View
Date: Fri, 17 Mar 2000 08-39-56 -0500
From: Rick Shiver <[e-mail]>
To: [e-mail], [e-mail]
Mr. Shaw,
I'm not aware of any appeal process for state agency decisions that are
available to you at this point. If a state agency makes a decision of
some type, usually involving a permitting decision, appeals are
generally an option but only within a certain time period. I think the
time period for an appeal of this stormwater permit is long past. I'll
check with the Attorney General's Office.
Rick Shiver <[e-mail]>
--------------
1 of 2 03/22/2000 11:46 AM

Subject:
Date: Mon, 20 Mar 2000 16:20:45 -0500 (EST)
From: [e-mail] (Robert A. Shaw)
To: Rick. [e-mail]
CC: [e-mail]
For your information.
http://www.richardchinn.com/instructor.html
1 of 1 03/22/2000 11:55 AM

,.Fw& 13141 ,; View]
Subject: ]Fwd: Bluffs View]
Date: Thu, 16 Mar 2000 11.37.41 -0500
From: Linda Lewis <[e-mail]>
To: Rick Shiver <[e-mail]>
Rick, Mr. Shaw is still not happy. Is there a formal appeal process
regarding the determinations and permits we issue?
Linda
:::::::::::.::.::::::•::::::•:::::::::::•::::::•::::•:.:.:.:. :.:.:. :. :.:.::::.:.:.:.:. ::::.:::::::.:.:::::::.: ::r:::._:::._ ::•:::::::::._:::._ :• :.:
Subject: Re: Bluffs View
Date: Thu, 16 Mar 2000 11.15.02 -0500 (EST)
From: [e-mail] (Robert A. Shaw)
To: [e-mail] (Linda Lewis)
CC: [e-mail]
Linda Lewis:
You are correct I have not received a copy of Joanne Steenhuis March15,
2000 letter.
Please send copy immediately.
There were five people present when Joanne Steenhuis investigated the
wetlands south of the 20' right of way to
San Juan Circle covering portions of Blocks 45 & 46 (Georgia Avenue).
We have complete documentation including photographs of the immediate
area which were shown to Jeffrey Rickers during his recent visit.
These photographs were taken periodically during the past 2 years and
clearly demonstrate there were wetlands on the Bluffs View property.
We request you forward information to appeal the Bluffs View decision
today.
Cordially,
Robert A. Shaw
Linda Lewis <Linda.Lewis Owncniail.net� '<
1 of 1 03/22/2000 11:56 AM

117wd: I lull' Viet►- Projeet - Stonnwatefl
Subject: IFwd: Bluff View Project- Stormwater]
Date: Wed, 23 Feb 2000 08:15:33 -0500
From: Linda Lewis <[e-mail]>
To: Rick Shiver <Rick,[e-mail]>, Bradley Bennett <[e-mail]>,
Jeanette Powell <Jeanette.Powe11@ncmall. net>
Thought you needed to see this. Apparently, this gentlemen is upset
about a new subdivision in his backyard.
Linda
t..-
Subject: Bluff View Project - Stormwater
Date: Tue, 22 Feb 2000 23:42:55 -0500 (EST)
From: [e-mail] (Robert A. Shaw)
To: [e-mail]
CC: [e-mail]
Please be advised:
Pellitier Creek is already the most polluted body of water in Carteret
County.
This property was declared wetlands by U.S. Army Corps of Engineers, May
20,
1999 (Jeffrey Rickter) and CAMA.
The property is illegaly zoned Planned Development by the City of
Morehead.
The Developer has filled the "wetlands
area" four to five feet this week.
Stormwater is a very real concern because we already have a serious
drainage condition without creating new concerns. Pellitier Creek has
almost no depth because of soil being flushed into it over the years.
Heavy rains flood the residential properties on San Juan Circle now.
This is the most polutted body of water in Carteret County because 1800
power boats are berthed here in wet and dry storage.
This is a residential neghberhood and we are opposed to encroachment and
exploitation of our properties by land developers.
Further, the infrastructure cannot support
more than 5-6 more single family homes
R15.
Bob Shaw
309 Mansfield Parkway
Morehead City, N.C. 28557
[phone] Fax [phone]
Linda Lewis <[e-mail]> 2
1 of 2 03/22/2000 l 1:55 AM

WHEA TL Y, WHEA TL Y. NOBLES &
Atioriieys at Lain
710 Cedar Street
P.D. Box 360
Beaufort, NC 28516-0360
Claud R. Wheatly, Jr.
Claud R. Wheatly, IlI
John E. Nobles, .Ir.
Stevenson L. Weeks
Stephen M. Valentine
James M. Lupton
September 27, 2000
Ms. Linda Lewis
Environmental Engineer
State of North Carolina Department of
Environmental and Natural Resouces
127 Cardinal Dr., Ext.
Wilmington, NC 28405
RE: Bluff's View
Dear Ms. Lewis:
SEP 2 9 r'uUU
WEEKS, P.A.
1BY:_
Telephone: [phone]
Facsimile: [phone]
E-Mrtil: sweeks @wwnwna.com
Enclosed please find an original corrected version of your Affidavit which relates to the above
matter. Please review and if it appears to be accurate, please sign in the presence of a Notary
and return to me in the enclosed envelope at your earliest convenience.
Thank you for your assistance and attention to this matter. Should you have any questions,
please advise.
With kind regards, l remain
zVery tru ours,
�s e ks
SLW/te
Enclosures

P. 1
FILE MODE
454- MEMORY TX
COMMUNICATION RESULT REPORT ( SEP.26.2888 4:59PM )
TTI NCDENR WIRO
ADDRESS (GROUP} RESULT - PAGE
OPTION_------------------------------------
---------- ---------------------------------- OK P. 1/1
- - 8-2527285282
REASON FOR ERROR
E-1) HANG UP OR LINE FAIL
E-3) NO ANSWER
E-2) BUSY
E-4) NO FACSIMILE CONNECTION
Mate ofNordh Carolina
Department of Enviromnent and Natural Resources
Division of Water Quality
Wilmington Regional Office
James B. Htmt, Governor Bill Holnm, Secretary
FAX COVER SHE, RT
Date: September 26, 2000 No. of Pages: I
To: Stevenson L.'Weeks, Attorney From: Linda Lewis, DWQ Stormwater
Company. Wheatly, Wheatly, Nobles &'Weeks, P.A.
FAX #: [phone] FAX 4: 910-350-2004
Phone ##: [phone]
DWQ Stormwater Project #SWS 991121
Project Name: Bluffs View
MESSAGE:
Please revise page 2 of the affidavit as follows:
Stormwater Management Permits are then—s ned issued by the Water Quality Regioral
Supervisor antler dole ated authori otn he Director a the Di 'Sion n Water Qualfty
-first inch of rain to meet the water quality rmlattions for Stormwater nniofi...

State of North Carolina
i Department of Environment and Natural Resources
Division of Water Quality
Wilmington Regional Office
James B. Hunt, Governor Bill Holman, Secretary
FAX COVER SHEET
Date: September 26, 2000 No. of Pages: I AO—.,,
To: Stevenson L. Weeks, Attorney From: Linda Lewis, DWQ Stormwater
Company: Wheatlyr, Wheatly, Nobles & Weeks, P.A.
FAX 9: 252-728-5282 FAX #: [phone]
Phone #: [phone]
DWQ Stormwater Project #SW8 991121
Project Name: Bluffs View
MESSAGE:
Please revise page 2 of the affidavit as follows:
Stormwater Management Permits are thensi£Ined and issued by the Water Quality Regional
Supervisor, under dele.goled aulhoril•i,from the Director oflhe Division of Water Ouality.
...first inch of rain to meet the water quality regulations for stortnwater runoff...
Since the issuance of the permit, I have conducted an inspection of the project's storm water controls
to determine compliance with Stormwater Permit No. SW8 991121. Other than a few minor items,
which have ,Since heen taken care o� I found that the wet pond was functioning as designed.
S:IWQSISTOIZMWA'I'1[,11TTl---RS199112 LSEP
127 Cardinal Drive Extension, Wilmington, NC 29405-3845 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer

_26/2000
15:34 9197285282
WHEATLY WHEATLY NOEL
PAGE 01
CIA(10 R. WHEATLY, JR,
CLAUD R. WHEA n Y, III
JOMNE. NOBLES, IN
STEVENSON L. WEEKS
STEPHEN M. VALENTINE
JAMBS M. LUPTON
WHEATLY, WHEATLY, NOBLES & WEEKS, P.A.
ATTORNEYS A,T LAW
710 Cedar Street
P. O. Box 360
Beaufort, NC 28516-0360
DATE: September 26, 2000
TO: Linda Lewis - PAX # 910 350-2004
FROM: Stevenson L. weeks
RE: Bluff's View, permit no. SW8 991121
NUMBER OF PAGES (INCLUDING COVER SHEET)
Telephone: [phone]
Fax [phone]
e-mail address.,
sweeks(omnwpa.eom
If you do not receive all pages or have problems with
receiving, call and ask for Teri.
ADDITIONAL INFORMATION:
Dear Ms. Lewis: Pursuant to our telephone conversation today, I
have drafted the Affidavit enclosed herewith. Please review the
Affidavit and advise me of any changes you desire. Once the
changes are made, I will send the original Affidavit and
attachments to you for your execution. Should you have any
questions, please advise.

09426/2000 15:34 9197285282
WHEATLY WHEATLY NOBL
PAGE 02
STATE OF NORTH CAROLINA
COUNTY OF CARTERET
IN THE GENERAL COURT OF JUSTICE
SUPERIOR COURT DIVISION
FILE NO. 00 CVS 783
ROBERT A. and SARITA 0. SHAW, )
J.L. (Tony) and JUDY SEAMAN, RONALD)
and DELORES MOORING, ROBERT E. )
and JOAN MILLER, MAX and BETTY )
MURPHY, SAMMY and MARY HUGHES,)
WAYNE and LOUISE BEASLEY, )
NANCENE SMITH ROBERTSON, )
CHARLES H. ADDERHOLDT, E. G. }
(Annie) LAWTON, MILDRED M. )
NEWMAN and KATHRYN W. NIHAN )
Plaintiffs )
vs. )
WALLER-McMILLAN PARTNERSHIP, )
DAVID J. WALLER, SCOTT McMILLAN )
and MOREHEAD CITY, a North Carolina )
Municipal Corporation, }
Defendants )
AFFIDAVIT
I, Linda Lewis, being first duly sworn, depose and say.
I am a citizen and resident of New Hanover County, North Carolina, I am over 21 years
of age, under no mental disability and have personal knowledge of the facts set forth herein.
I am employed by the North Carolina Department of Environment and Natural
Resources, Division of Water Quality, Wilmington Regional Office, as an environmental
engineer.
My duties as an environmental engineer include coordinating stormwater permit activities
within the regional office, which includes Carteret County. This involves reviewing stormwater
permit applications to determine compliance with the stormwater management rules and
regulations contained in the North Carolina Administrative Code, Title 15A, Section 2H.1000_
Upon compliance with NCAC, 2H.1000, I prepare pen -nits for issuance. Stormwater

09/26/2000 15:34
OVIVAI UVRYa
WHEATLY WHEATLY NOBL
PAGE 03
M In
r
au4hc r1 irnm
Management Permits are then issued by the Water Quality Regional Supervisor..
I reviewed the Stormwater Permit Application for Bluffs View, a small residential high -
density development located in the Mansfield Parkway area of Morehead City_ The plans were
prepared by Stroud Engineering, and utilized a wet detention pond to treat the runoff from the
first inch of rain to meet the water quality for stormwater runoff found under NCAC 2H.1000.
The project plans indicated that there were no 404 wetlands on the project site. This was
confirmed by Joanne Steenhuis, an environmental specialist with the Department of Environment
and Natural Resources, Division of Water Quality.
The plans for this project were approved on February 14, 2000, as meeting the design
requirements for stormwater runoff under the regulations. A copy of the permit, Permit No. SW8
991121 is attached hereto as Exhibit
By letter dated March 14, 2000, to Mr. Robert Shaw, 309 Mansfield Parkway, Morehead
City, NC 28557, I advised Mr. Shaw that the plans for the project meet the requirements of
water quality regulations for stormwater runoff. A copy of this letter is attached hereto as
Exhibit
2i1
Since the issuance of the permit, i have conducte+spectiono of the project's stormw �er
CAe,4h?" e ��
controls to determine compliance with Stormwater Permit No. SW8 991124-and found that the
wet detention pond was functioning as designed 909
This the day of
Sworn to and subscribed before me,
This day of , 2000.
Notary Public
My Commission expires:
2000.
Linda Lewis

STATE OF NORTH CAROLINA
COUNTY OF CARTERET
qCtl/2 l
IN THE GENERAL COURT OF JUSTICE
SUPERIOR COURT DIVISION
FILE NO. 00 CVS 783
ROBERT A. and SARITA 0. SHAW, )
J.L. (Tony) and JUDY SEAMAN, RONALD)
and DELORES MOORING, ROBERT E. )
and JOAN MILLER, MAX and BETTY )
MURPHY, SAMMY and MARY HUGHES,)
WAYNE and LOUISE BEASLEY, )
NANCENE SMITH ROBERTSON, )
CHARLES H. ADDERHOLDT, E. G. )
(Annie) LAWTON, MILDRED M. )
NEWMAN and KATHRYN W. NIHAN )
Plaintiffs )
vs. )
WALLER-McMILLAN PARTNERSHIP, )
DAVID J. WALLER, SCOTT McMILLAN )
and MOREHEAD CITY, a North Carolina )
Municipal Corporation, )
Defendants )
AFFIDAVIT
I, Linda Lewis, being first duly sworn, depose and say:
I am a citizen and resident of New Hanover County, North Carolina, I am over 21 years
of age, under no mental disability and have personal knowledge of the facts set forth herein.
I am employed by the North Carolina Department of Environment and Natural
Resources, Division of Water Quality, Wilmington Regional Office, as an environmental
engineer.
My duties as an environmental engineer include coordinating stormwater permit activities
within the regional office, which includes Carteret County. This involves reviewing stormwater
permit applications to determine compliance with the stormwater management rules and
regulations contained in the North Carolina Administrative Code, Title 15A, Section 2H.1000.

Upon compliance with NCAC, 2H.1000, I prepare permits for issuance. Stormwater
Management Permits are then signed and issued by the Water Quality Regional Supervisor tinder
delegated authority from the Director of the Division of Water Quality.
I reviewed the Stormwater Permit Application for Bluff's View, a small residential high -
density development located in the Mansfield Parkway area of Morehead City. The plans were
prepared by Stroud Engineering, and utilized a wet detention pond to treat the runoff from the
first inch of rain to meet the water quality regulations for stormwater runoff found under NCAC
2H.1000. The project plans indicated that there were no 404 wetlands on the project site. This
was confirmed by Joanne Steenhuis, an environmental specialist with the Department of
Environment and Natural Resources, Division of Water Quality.
The plans for this project were approved on February 14, 2000, as meeting the design
requirements for stormwater runoff tinder the regulations. A copy of the permit, Permit No. SW8
991121 is attached hereto as Exhibit F. --
By letter dated March 14, 2000, to Mr. Robert Shaw, 309 Mansfield Parkway, Morehead
City, NC 28557, 1 advised Mr. Shaw that the plans for the project meet the requirements of
water quality regulations for stonmwater nmoff. A copy of this letter is attached hereto as
Exhibit D.
Since the issuance of the permit, I have conducted inspections of the project's stormwater
controls to determine compliance with Stormwater Permit No. SW8 991121. Other than a few
minor items, which have since been taken care of, I found that the wet detention pond was
functioning as designed.
2

nr�
This the day of QC:LDbe -- __ 2000.
j
Linda Lewis
Sworn to pd subscribed before me,
This 3"`. day of , 2000.
Notary Public
My Commission expires:�c��1�

March 30, 2010
Mr. Chris Baker
Environmental Engineer NCDENR
Division of Water Quality
Wilmington Regional Office
127 Cardinal Drive Extension
Wilmington, NC 28405
Dear Mr. Baker:
Thank you for your input and discussion with me today concerning the notice of deficiencies concerning
the stormwater detention pond located in the Bluffs View complex in Morehead City.
As I noted to you in our discussion the Bluffs View homeowners have already made some contacts
concerning the removal of the sediment in the pond. However it is the issue of removing the trees that
is in question in that there is concern that removal of the trees would cause erosion problems and
compound sediment runoff problems in the future. Since you have not personally seen the property in
question you have agreed to meet with me on April 121h, 2010 to inspect the detention pond and give us
your evaluation and determination as to what needs to be done to resolve this issue.
Again thank you for your time and our discussion today concerning this issue. I look forward to meeting
with you on the April 12`h to get your advice and expertise concerning how we need to proceed.
Respectfully,
Z—)..a s.vLa.-
Ray Deane, Member
Bluffs View Association
RECEIVED
APR 04 2010--
BY:

March 20, 2010
Certified, Return Receipt Requested
Chris Baker
Environmental Engineer
North Carolina Department of
Environment and Natural Resources
Division of Water Quality
Wilmington Regional Office
127 Cardinal Drive Extension
Wilmington, NC 28405
Ladies and Gentlemen:
Subject: Notice of Inspection
Bluffs View.
Permit No. SW8 991121
Carteret County
Bluff s View has received your letter dated March 4, 2010, regarding compliance with Stormwater
Management Permit No. SW8 991121 issued on February 14, 2000.
In this letter, the following two items were cited as deficiencies.
1. Excessive and woody vegetation along pond side slopes.
2. Excessive sedimentation in pond forebay.
We would like to request a meeting with a representative of your firm for clarification of the above two
items. We would like to know specifically which vegetation you are referring to on the pond side slopes.
If possible, could a representative meet with us to explain further these two citations?
You have asked us to submit in writing our proposal for fixing the above deficiencies. Once we meet
with you, we will be happy to start procedures to remedy these two deficiencies. Please contact Ray
Deane at [phone], ext. 850 (Work) or [phone] (Home).
Sincerely,
Ray�ond Deane
Bluffs View Association
r-
MAR Q S 2010
BY:-Ex-t ScSs

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;l
NCDENR
Division of Water Quality
'127 Cardinal Dr. Ext.
Wilmington, NC 28405
June 18, 2009
Subject: Stormwater Permit No. SW8991121
Bluffs View
Carteret County
To: Georgette Scott
M
Enclosed is a copy of your letter in reference to the above permit. The
last building and ground disturbance was complete in September 2005.
The complex is totally built out and all roads and common area have
been deeded to the Home Owners Association. Waller -McMillan is no
longer involved with this project.
If there is anything WallerMcMillan needs to do you can reach me at
252-726-0427.
Sincerely,
- J i
J. David Wal er, r. (Partn ) f
WallerMcMillan Partnership
,SUN 2 2 200

AV*"
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins
Governor Director
June 11, 2009
Mr. Scott McMillan, General Partner
Waller -McMillan Partners
clo Gull Isle Realty
Atlantic Beach, NC 28512
Subject: Stormwater Permit No. SW8991121
Bluffs View
Carteret County
Dear Mr. McMillan:
Dee Freeman
Secretary
The Division of Water Quality issued a Coastal Stormwater Management Permit, Number SW8991121 to Bluffs View for
a High Density Project on February 14, 2000. This permit expires on February 14, 2010. Section .1003(h) of 15 A NCAC
2H .1000 (the stormwater rules) requires that applications for permit renewals shall be submitted 180 days prior to the
expiration of a permit and must be accompanied by a processing fee, which is currently set at $505.00. If this is still an
active project please complete and submit the enclosed renewal application in a timely manner. If this project has not
been constructed and a permit is no longer needed, please submit a request to have the permit rescinded. If you have
sold the project, or are no longer the permittee, please provide the name, mailing address and phone number of the
person or entity that is now responsible for this permit. Enclosed is a form for change of ownership, which should be
completed and submitted if the property has changed hands.
Your permit requires that upon completion of construction and prior to operation of the permitted treatment units a
certification of completion be submitted to the Division from an appropriate designer for the system installed. This is to
certify that the permitted facility has been installed in accordance with the permit, the approved plans, specifications and
supporting documentation. Please include a copy of the certification with your permit renewal request and processing fee.
Enclosed is a copy of a sample certification. Also enclosed is a new Operation and Maintenance agreement that should
be completed and submitted along with your renewal application.
You should be aware that failure to provide the Designer's Certification and the operation of a stormwater treatment
facility without a valid permit, are violations of NC General Statute 143-215.1 and may result in appropriate enforcement
action including the assessment of civil penalties of up to $10,000 per day.
If you have any questions, please feel free to contact David Cox at 910-796-7318.
SinArely,
Georgette Scott, Stormwater Supervisor
<< Surface Water Protection Section r
Wilmington Regional Office f ,
Enclosures
cc: Wilmington Regional Office
127 Catdnal Drive Extension, Wilmington, NC 2840E
PHONE: [phone]WAX: [phone]
An Equal OppWw41 AtlkmaM Action Emploper Na4 Car ina
tunillty

�R
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins
Governor Director
June 11, 2009
Mr. Scott McMillan, General Partner
Waller -McMillan Partners
clo Gull Isle Realty
Atlantic Beach, NC 28512
Subject Stormwater Permit No. SW8991121
Bluffs View
Carteret County
Dear Mr, McMillan:
Dee Freeman
Secretary
The Division of Water Quality issued a Coastal Stormwater Management Permit, Number SW8991121 to Bluffs View for
a High Density Project on February 14, 2000. This permit expires on February 14, 2010. Section .1003(h) of 15 A NCAC
2H .1000 (the stormweter rules) requires that applications for permit renewals shall be submitted 180 days prior to the
expiration of a permit and must be accompanied by a processing fee, which is currently set at $506.00. If this is still an
active project please complete and submit the enclosed renewal application in a timely manner. If this project has not
been constructed and a permit is no longer needed, please submit a request to have the permit rescinded. If you have
sold the project, or are no longer the permittee, please provide the name, mailing address and phone number of the
person or entity that is now responsible for this permit. Enclosed is a form for change of ownership, which should be
completed and submitted if the property has changed hands.
Your permit requires that upon completion of construction and prior to operation of the permitted treatment units a
certification of completion be submitted to the Division from an appropriate designer for the system installed. This is to
certify that the permitted facility has been installed in accordance with the permit, the approved plans, specifications and
supporting documentation. Please include a copy of the certification with your permit renewal request and processing fee.
Enclosed is a copy of a sample certification. Also enclosed is a new Operation and Maintenance agreement that should
be completed and submitted along with your renewal application.
You should be aware that failure to provide the Designer's Certification and the operation of a sormwater treatment
facility without a valid permit, are violations of NC General Statute 143-215.1 and may result in appropriate enforcement
action including the assessment of civil penalties of up to $10,000 per day.
If you have any questions, please feel free to contact David Cox at 910-796-7318.
Si ly,
Georgette Scott, Stormwater Supervisor
Surface Water Protection Section
Wilmington Regional Office
Enclosures
cc: Wilmington Regional Office
127 Carnal Drive Extension, Wilmington. NC 2W
PHONE: (910) 79&72151FAX: [phone] ouc
An EwW OppIAfrimaM Action Employer NCaYpa

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Fwd: Re: Bluffs View
Subject: F'wd: Re: Bluff s View
Date: Mon, 20 Mar 2000 16:47:20 -0500 (EST)
From: [e-mail] (Robert A. Shaw)
To: [e-mail], [e-mail], [e-mail],
[e-mail], beverlyp@ms. ncga. state. nc. us, James. [e-mail],
[e-mail], [e-mail],
[e-mail], [e-mail],
EClayton I @mail.house.gov, [e-mail],
[e-mail], [e-mail], [e-mail],
[e-mail], [e-mail], [e-mail],
Jeffrey. H. Ri chter@usace. army.m i 1, Joanne. Stec [e-mail], [e-mail],
[e-mail], [e-mail], [e-mail],
[e-mail], [e-mail], [e-mail], [e-mail],
[e-mail], [e-mail], [e-mail], [e-mail],
[e-mail], [e-mail], [e-mail], [e-mail],
[e-mail], <[e-mail]>, [e-mail],
Caro [e-mail], en 1281 @coastalnet.com, [e-mail],
vdenton a nando.com, [e-mail]
CC: [e-mail]
Update for your information.
Access Richard Chinn bio by e-mail info @richardchinn.ccm
Subject: Re: Bluffs View
Date: Mon, 20 Mar 2000 15:59:55 -0500 (EST)
From: [e-mail] (Robert A. Shaw)
To: [e-mail] (Rick Shiver)
CC: [e-mail]
webtv.net
Rick Shiver:
Please send copy(s) of Wetland Delineation Reports submitted by Ron
Cullipher, Joanne Steenhuis, or private environmental consultant(s) of
record under N.C. Public Records Law.
Given, there are none; please explain how the Bluffs' View permit was
approved in violation of North Carolina General Statutes.
(malfeasance/misfeasance)
Why were Morehead Bluff's property owners excluded from the discovery
process? Their properties abut this project and can testify to the
truth of the matter; documented by several hundred photographs taken
periodically during the past three years. This information was refused
by your investigators and Jeffrey Rickter, COE.
We request your office forward a copy of your file submitted to the
Attorney General's Office to assure compliance to North Carolina General
Statutes. Further, issue a stop work order or rescind the permit until
our complaint is reviewed and investigated by the Internal Affairs
Office.
To resolve the Wetland Delineration issue,
if required for an unbiased evaluation, the case will be referred to
environmentalist Richard Chinn; noted trainer of USACE Wetland
Delineators, bio under separate
cover.
l of 3 03/21/2000 7:55 AM

Fwd: Re: Bluffs View
Cordially,
Robert A. Shaw
Subject: Re: Bluffs View
Date: Mon, 20 Mar 2000 09:42:36 -0500
From: Rick Shiver <Rick.Shiver@ncmail. net>
To: "Robert A. Shaw" <[e-mail]>, [e-mail]
Hello, Mr. Shaw,
We will refer this case to the Attorney General's Office for their review and
comment to make sure that we've not overlooked anything. However, Joanne
Steenhuis of our office and Jeff Richter of the Corps of Engineer did not
identify any juridictional wetlands on the parcel that is the object of your
interest, so I've not yet identified a basis to recommend rescinsion of the
stormwater permit in question. With respect to the circumstances in which you
are afforded the opportunity for third party appeal in this case, I will leave
it to the AGO's office to provide further guidance on this particular issue,
since you do not agree with my opinion.
"Robert A. Shaw" wrote:
> Attention: Rick Shiver
>
> The North Carolina Administrative Code Section .1011 Modification and
> Revocation of Permits states:
> Any pemit issued by the Division pursuant
> to these Rules (copy attached) is subject to revocation or modification
> upon 60 days notice by the Director in whole or part for good cause
> including but not limited to:
> (1) violation of any terms or conditions of the permit; (2) obtaining
> a permit by misrepresentation or failure to disclose fully all relevant
> facts;
> According to Linda Lewis February 29, 2000 e-mail the Scott McMillan
> permit was approved without the required Wetland Delineation Report.
> Your files and municipal minutes from Town of Morehead clearly
> demonstrate that you were misled by Ron Cullipher, Project Manager for
> Waller -McMillan.
> Therefore, Bluffs View Stormwater Project SW8991112 must be recinded
> based upon North Carolina Law.
> Cordially,
> Robert A. Shaw
> Subject: Bluff's View
> Date: Fri, 17 Mar 2000 08:39:56 -0500
> From: Rick Shiver <[e-mail]>
> To: [e-mail], [e-mail]
2 of 3 03/21/2000 7:55 AM

Fwd: Re: Bluffs View
> Mr. Shaw,
> I'm not aware of any appeal process for state agency decisions that are
> available to you at this point. If a state agency makes a decision of
> some type, usually involving a permitting decision, appeals are
> generally an option but only within a certain time period. I think the
> time period for an appeal of this stormwater permit is long past. I'll
> check with the Attorney General's Office.
> ------------------------------------------------------------------------
> Rick Shiver <[e-mail]>
> Rick Shiver
> <[e-mail]>
> 127 Cardinal Drive Ext. Fax: [phone]
> Wilmington Work: 910.395.3900
> NC
> 28405
> Additional Information:
> Last Name Shiver
> First Name Rick
> Version 2.1
Rick Shiver <Rick.Shivernnemail.ner>
3 of 3 03/21/2000 7:55 AM

Fwd: Re: Bluffs View
f ` Subject: Fwd: Re: Bluffs View
Date: Tue, 28 Mar 2000 09:04:53 -0500 (EST)
From: [e-mail] (Robert A. Shaw)
To: Rick, [e-mail], bill, hot [e-mail], James. [e-mail]1,
[e-mail], george.w. wri ght@usac e. army. m il,
Jeffrey. 14, Richter@usace. army, mi 1, Joanne. [e-mail], [e-mail],
[e-mail], [e-mail], [e-mail],
[e-mail], [e-mail], [e-mail],
[e-mail], [e-mail], [e-mail],
[e-mail]. ne.us, [e-mail], page [e-mail],
[e-mail], [e-mail], [e-mail],
[e-mail], [e-mail], [e-mail],
[e-mail], cnl281 @coastalnet.com
CC: [e-mail]
Please refer to this request.
Subject: Re: Bluffs View
Date: Mon, 20 Mar 2000 15:59:55 -0500 (EST)
From: [e-mail] (Robert A. Shaw)
To: Rick.Shiver@ncmaiLnet (Rick Shiver)
CC: [e-mail]
Rick Shiver:
Please send copy(s) of Wetland Delineation Reports submitted by Ron
Cullipher, Joanne Steenhuis, or private environmental consultant(s) of
record under N.C. Public Records Law.
Given, there are none; please explain how the Bluffs' View permit was
approved in violation of North Carolina General Statutes.
(malfeasance/misfeasance)
Why were Morehead Bluff's property owners excluded from the discovery
process? Their properties abut this project and can testify to the
truth of the matter; documented by several hundred photographs taken
periodically during the past three years. This information was refused
by your investigators and Jeffrey Rickter, COE.
We request your office forward a copy of your file submitted to the
Attorney General's Office to assure compliance to North Carolina General
Statutes. Further, issue a stop work order or rescind the permit until
our complaint is reviewed and investigated by the Internal Affairs
Office.
To resolve the Wetland Delineration issue,
if required for an unbiased evaluation, the case will be referred to
environmentalist Richard Chinn; noted trainer of USACE Wetland
Delineators, bio under separate
cover.
Cordially,
Robert A. Shaw
1 of 3 03/28/2000 9:41 AM

Fwd: Re: Bluffs View
r Subject: Re: Bluffs View
Date: Mon, 20 Mar 2000 09:42:36 -0500
From: Rick Shiver <[e-mail]>
To: "Robert A. Shaw" <[e-mail]>, [e-mail]
Hello, Mr, Shaw,
We will refer this case to the Attorney General's Office for their review and
comment to make sure that we've not overlooked anything. However, Joanne
Steenhuis of our office and Jeff Richter of the Corps of Engineer did not
identify any juridictional wetlands on the parcel that is the object of your
interest, so I've not yet identified a basis to recommend rescinsion of the
stormwater permit in question. With respect to the circumstances in which you
are afforded the opportunity for third party appeal in this case, I will leave
it to the AGO's office to provide further guidance on this particular issue,
since you do not agree with my opinion.
"Robert A. Shaw" wrote:
> Attention: Rick Shiver
> The North Carolina Administrative Code Section .1011 Modification and
> Revocation of Permits states:
> Any pemit issued by the Division pursuant
> to these Rules (copy attached) is subject to revocation or modification
> upon 60 days notice by the Director in whole or part for good cause
> including but not limited to:
> (1) violation of any terms or conditions of the permit; (2) obtaining
> a permit by misrepresentation or failure to disclose fully all relevant
> facts;
> According to Linda Lewis February 29, 2000 e-mail the Scott McMillan
> permit was approved without the required Wetland Delineation Report.
> Your files and municipal minutes from Town of Morehead clearly
> demonstrate that you were misled by Ron Cullipher, Project Manager for
> Waller -McMillan.
> Therefore, Bluffs View Stormwater Project SW8991112 must be recinded
> based upon North Carolina Law.
> Cordially,
> Robert A. Shaw
> ---------------------------------------------------------------------------
> Subject: Bluff's View
> Date: Fri, 17 Mar 2000 08:39:56 -0500
> From: Rick Shiver <[e-mail]>
> To: [e-mail], [e-mail]
> Mr. Shaw,
> I'm not aware of any appeal process for state agency decisions that are
> available to you at this point. If a state agency makes a decision of
> some type, usually involving a permitting decision, appeals are
> generally an option but only within a certain time period. I think the
> time period for an appeal of this stormwater permit is long past. I'll
> check with the Attorney General's Office.
2 of 3 03/28/2000 9:41 AM

Fwd: Re: Bluffs View
Rick Shiver <[e-mail]>
Rick Shiver
127 Cardinal Drive Ext.
Wilmington
NC
28405
Additional
Information:
Last Name
Shiver
First Name
Rick
version
2.1
<[e-mail]>
Fax: [phone]
Work: 910.395.3900
Rick Shiver <Rick.Shivernncmail.ner>
3 of 3 03/28/2000 9:41 AM

Re: Bluffs View
Subject: Re: Bluffs View
Date: Mon, 20 Mar 2000 09:42:36 -0500
From: Rick Shiver <[e-mail]>
To: "Robert A. Shaw" <Trurn [e-mail]>, [e-mail]
Hello, Mr. Shaw,
We will refer this case to the Attorney General's Office for their review and
comment to make sure that we've not overlooked anything. However, Joanne
Steenhuis of our office and Jeff Richter of the Corps of Engineer did not
identify any juridictional wetlands on the parcel that is the object of your
interest, so I've not yet identified a basis to recommend rescinsion of the
stormwater permit in question. With respect to the circumstances in which you
are afforded the opportunity for third party appeal in this case, I will leave
it to the AGO's office to provide further guidance on this particular issue,
since you do not agree with my opinion.
"Robert A. Shaw" wrote:
> Attention: Rick Shiver
> The North Carolina Administrative Code Section .1011 Modification and
> Revocation of Permits states:
>
> Any pemit issued by the Division pursuant
> to these Rules (copy attached) is subject to revocation or modification
> upon 60 days notice by the Director in whole or part for good cause
> including but not limited to:
> (1) violation of any terms or conditions of the permit; (2) obtaining
> a permit by misrepresentation or failure to disclose fully all relevant
> facts;
> According to Linda Lewis February 29, 2000 e-mail the Scott McMillan
> permit was approved without the required Wetland Delineation Report.
> Your files and municipal minutes from Town of Morehead clearly
> demonstrate that you were misled by Ron Cullipher, Project Manager for
> Waller -McMillan.
> Therefore, Bluffs View Stormwater Project SW8991112 must be recinded
> based upon North Carolina Law.
> Cordially,
> Robert A. Shaw
----------------------- -------------------------------------------------
> Subject: Bluff's View
> Date: Fri, 17 Mar 2000 08:39:56 --0500
> From: Rick Shiver <[e-mail]>
> To: [e-mail], [e-mail]
> Mr. Shaw,
> I'm not aware of any appeal process for state agency decisions that are
> available to you at this point. If a state agency makes a decision of
> some type, usually involving a permitting decision, appeals are
> generally an option but only within a certain time period. I think the
> time period for an appeal of this stormwater permit is long past. I'll
> check with the Attorney General's Office.
I of 2 03/20/2000 H A 8 AM

Write House in crisis
Subject: White House in crisis
Date: Mon, 20 Mar 2000 09:10:28 -0500 (EST)
From: [e-mail] (Robert A. Shaw)
To: [e-mail], [e-mail], [e-mail],
[e-mail], [e-mail], James. [e-mail],
[e-mail], [e-mail], [e-mail],
george.w.wright@us ace. army. mil, [e-mail], Tall cott@ao 1. com,
Jeffrey. [e-mail]. mi1, Joanne. [e-mail],
[e-mail], [e-mail], [e-mail],
[e-mail], [e-mail], [e-mail]. nc.us,
[e-mail], [e-mail], [e-mail], [e-mail],
Rick,[e-mail], <[e-mail]>, [e-mail],
[e-mail], [e-mail], [e-mail],
[e-mail]. gov, cn1281 @coastal net.com, [e-mail],
Janet, Paith@ncmai1,net, Pre [e-mail]. nc.us, jesse—helm s@helms. senate.gov,
[e-mail]
CC: [e-mail]
'No person, including the President of the United States, is above the
law.'
ROBERT RAY
Independent Counsel.
htto://www.msnbc.com/modules/clinton2/default.asp?app=plavers&rFrame=Clinton
1 of 1 03/20/2000 11:17 AM

Re: Bluffs View
Subject: Re: Bluffs View
Date: Thu, 16 Mar 2000 11:15:02 -0500 (EST)
From: [e-mail] (Robert A. Shaw)
To: Linda,[e-mail] (Linda Lewis)
CC: [e-mail]
Linda Lewis:
You are correct 1 have not received a copy of Joanne Steenhuis Marchl5,
2000 letter.
Please send copy immediately.
There were five people present when Joanne Steenhuis investigated the
wetlands south of the 20' right of way to
San Juan Circle covering portions of Blocks 45 & 46 (Georgia Avenue).
We have complete documentation including photographs of the immediate
area which were shown to Jeffrey Rickers during his recent visit.
These photographs were taken periodically during the past 2 years and
clearly demonstrate there were wetlands on the Bluffs View property.
We request you forward information to appeal the Bluffs View decision
today.
Cordially,
Robert A. Shaw
1 of 1 03/16/2000 11:34 AM

State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
Wilmington Regional Office
James B. Hunt, Jr., Governor
Bill Holman, Secretary
Kerr T. Stevens, Director
Mr. Robert Shaw
309 Mansfield Parkway
Morehead City, NC 28557
Dear Mr. Shaw:
kTjlyv,j 11*
/ 9
IT
N C D" E N R
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
March 15, 2000 n
SUBJECT: Bluff s View Project
Carteret County, NC
I met with Jeff Richter, from the Corps of Engineers, on Thursday, March 9, 2000 at San Juan Avenue. The
Project you refer to as Bluffs View was not the property I was concerned about as wetlands when we met at the site in
March of 1998. The Bluffs View project (built on the package plant site) is adjacent to the area I was concerned about as
being wetlands and as far as I can tell, Bluff View has not impacted any wetlands. The wetlands I saw are still intact and
have a small drainage that goes under San Juan Avenue, I assume the pipes, which had been a concern, have been
replaced.
Mr. Richter and I saw the fill on the property across the street from the Bluffs View project and Mr. Richter had
previously posted the property for fill violations in wetlands. We also noted that the adjacent property to this had been
root raked and some fill may have also occurred. Mr. Richter will be addressing these issues with the owners of these
properties.
I hope this addresses your concerns about the Bluff s View project. If you have any additional questions please
be sure and contact me.
Sincerely,
Joanne Steenhuis
cc: John Domey- Central Office
Ted Tyndall- CAMA Morehead City
Jeff Richter- COE Wilmington
W iRO
127 Cardinal Drive Extension, Wilmington, NC 28405 Telephone [phone] FAX [phone]

1
State of North Carolina
Department of Environment
and Natural Resources
Wilmington Regional Office
James B. Hunt, Jr., Governor
Bill Holman, Secretary
Division of Water Quality
March 14, 2000
Mr. Robert Shaw
309 Mansfield Parkway
Morehead City, NC 29557
RCDENR
NORTH CAROUNA DEPARTMENT OF
ENVIRONMENT ANb NATURAL RF-50URCE5
Subject: Wetlands
Bluffs View
Stormwater Project No. SWS 991121
Carteret County
Dear Mr. Shaw:
This letter is in response to your recent inquiries concerning the Bluffs View project. The'project is a
small residential high density subdivision which will utilize a wet detention pond to treat the runoff from the
first inch of rain to meet the water quality regulations for stormwater runoff found under NCAC 2H.1000. The
project was permitted by the Division as meeting the design requirements for stormwater on February 14, 2000.
The approved plans for this project, prepared by Stroud Engineering, indicated by note that there were no 404
wetlands on the project site. Joanne Steenhuis has confirmed that the Bluffs View project does not have
wetlands. The adjacent property has been identified as the area where wetlands exist, and Joanne and Jeff
Richter are continuing with that investigation.
As explained to you in my previous letter, the Division of Water Quality has no jurisdiction regarding
flood control. Those problems are civil matters and must be resolved through the civil court process. Local
governments are responsible for formulating drainage policies and writing ordinances which provide the
guidelines for flood control in their respective areas
In light of the determination that there are no wetlands on the Bluff s View property, the stormwater
permit issued for the project will not be revoked at this time. The Division will conduct routine inspections of
the facility for compliance with the permit. If you see any problems with this facility from a maintenance
standpoint, please do not hesitate to call me at [phone].
Sincerely,
Od'nL��
Linda Lewis
Environmental Engineer
RSSlarl: S:IWQSISTORMWATILETTERS1991121.MAR
CC: Linda Lewis
Joanne Steenhuis
Ron Cullipher, P.E.
Central piles
I27 Cardinal Dr. Ext., Wilmington, North Carolina 28405 'telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled110% post -consumer paper

Re: BOB SHAW
Subject: Re: BOB SHAW
Date: Mon, 13 Mar 2000 17:14:10 -0500
From: Joanne Steenhuis <[e-mail]>
To: Linda Lewis <[e-mail]>
Linda,
I went out with Jeff Richter last Thursday to look at the Bluff View
Project. There were no wetlands impacted for the Bluff View site. The
adjacent site was the area that I was concerned as to being wetlands and
those are indicated to be wetlands on the adjacent plat to the Bluff View
Site. Jeff and I also saw that there had been some wetland fill across the
street to the project site as well as some root raking. Jeff will be
dealing with this and "cc-ing" me on it. I will also e-mail Mr. Shaw.
Linda Lewis wrote:
> Dear Joanne:
> Mr. Shaw is still calling me about the Bluff View project. He insists
> that the property was judged to be wetlands. Are you any closer to
> being able to tell me yes or no concerning whether or not this property
> was wetland? I need Co respond to Mr. Shaw.
> Thanks, Linda
Joanne Steenhuis <Joanne.Steenhuis a,ncmail.net>
l of 1 03/14/2000 7:59 AM

Chuff View
Subject: Bluff View
Date: Thu, 09 Mar 2000 08:13:43 -0500
From: Linda Lewis <Linda.Lewis a ncmail.net>
To: "Robert A. Shaw" <Trump yFi ve- 0 @webtv. net>
Dear Mr. Shaw:
z just wanted to make sure you know that the Division is not denying you
access to our files. The procedure is to make an appointment with our
administrative assistant and come here to Wilmington to view any file
you want to. You need to tell the assistant what files you want to view
and she will have them ready for you at the appointed time. You can make
copies of anything in the file, but you cannot take it out of the
building.
Sincerely, Linda Lewis
Linda Lewis <Linda.Lewis a ncmail.net>
1 of 1 03/09/2000 8:14 AM

"wd;,1t'aller-McMiIlan Bluffs View Morehead Bluffs
:0"
Subject: Fwd: Waller -McMillan Bluffs View Morehead Bluffs
Date: Wed, 8 Mar 2000 09:57:56 -0500 (EST)
From: [e-mail] (Robert A. Shaw)
To: [e-mail], [e-mail],
James. [e-mail], [e-mail]. mi1,
[e-mail], [e-mail],
Jeffrey. [e-mail]1, [e-mail], [e-mail],
[e-mail], [e-mail], <[e-mail]>,
[e-mail]. mi1, [e-mail], [e-mail],
dpatten a ncnets.net, davelindsay a coastalnet.com, [e-mail], [e-mail],
[e-mail], [e-mail]. nc.us, [e-mail],
sldl [e-mail], [e-mail], [e-mail], [e-mail],
[e-mail], [e-mail], [e-mail],
vdenton a nando.com, [e-mail], eperry cr icomnet.com, [e-mail],
info a richardchinn.com, [e-mail]
CC: [e-mail]
Subject: Waller -McMillan Bluffs View Morehead Bluffs
Date: Wed, 8 Mar 2000 09:46:29 -0500 (ES`C)
From: 'I'[e-mail] (Robert A. Shaw)
To: [e-mail]
CC: [e-mail]
Attention: Amy Hanson
A Tangled Web: "Law is hailed as the instrument of freedom because
without law, there would be anarchy, and we would eventually come under
the thumb of whoever gets power. Too much law, we are learning, can
have a comparable effect: Millions of tiny legal cubicles give humans
virtually no leeway. Unlike any legal system we ever admred, it tells us
what to do and exactly how to do it."
Independence Institute
North Carolina General Statutes - 11.1
"Whereas, lawful oaths for discovery of truth and establishing right are
necessary and highly conducive to the important end of good government;
and being most solemn appeals to Almighty God, as the omniscient witness
of the truth and the just and omnipotent avenger of falsehood, and
whereas, lawful, affirmations for the discovery of truth and
establishing right are necessary and highly conducive to the important
of good government, therefore, such oaths and affirmations ought tobe
taken and administered with utmost solemnity."
Key individuals in municipal, county, state and federal government have
broken their oaths of office and contrived to violate the laws they are
sworn to uphold.
Therefore, these infractions need to be brought to the attention of
officials to investigate these allegations:
Col. James W. DeLong, Commanding Officer, USAGE, Wilmington, N.C.
Regulatory Program
Tel: [phone]
Fax [phone]
e-mail james.w.delony0saw02.usace@armymi1
Bill Holman, Secretary, North Carolina Department Evironment & Natural
Resources (NCDENR)
l of2 03/08/2000 10:09 AM

ad: `Waller -McMillan Bluffs View Morehead Bluffs
Tel: [phone]
Fax [phone]
e-mail: [e-mail]
David P. Kelly, Secretary, North Carolina Crime Control and Public
Safety
Tel: [phone]
Fax [phone]
e-mail: [e-mail]
These requests are under:
Freedom of Information Act and North Carolina Public Records Law.
Morehead Bluffs property owners thank you for interceding for us.
Cordially,
Bob Shaw
2 of 2 03/08/2000 10:09 AM

CAMA Minor Development Permit - EBLU CORP - Suggs
Subject: CAMA Minor Development Permit - EBLU CORP - Suggs
Date: Mon, 6 Mar 2000 16:47:48 -0500 (EST)
From: "[e-mail] (Robert A. Shaw)
To: ted_tyndall a mail.enr.state. nc.us, Joanne. Steen huis a ncmai1.net, Janet. [e-mail],
[e-mail] ncniail.net (Shriver), [e-mail],
george.w.wright a usace.army.mil, [e-mail]. miI
CC: TrumpyFive-00a webtv.net
Attention: T. Barrett, Coastal
Management Representative
As you probably know, the eastern end of this property was declared
wetlands by the U.S. Corps of Engineers 1992-1993 and posted by Mickey
Sugg or delgate.
Local authorities also posted the area. All neighbors will attest to
this statement.
Mr.& Mrs. Robert E. Miller, San Juan Circle filed the complaint because
EBLU elevated property cause water to flood their property. (726-9592)
USACE required E.B.L.U. to remove all the fill dirt except the amount
washed into
Pellitier Creek by heavy rains shortly after the fill.
Several weeks ago this property was filled again and a black screen was
postioned.
we believe the fill dirt was deposited on our property without our
approval and subjects our properties to flooding again and this is
unaccptable.
Property owners: Sammy & Mary Hughes. Joan & Robert E. Miller and
Sarita Shaw are opposed to issuing the permit after the fact. we
suggest the owner be advised to develop an overall plan including our
properties that will benefit all concerned.
Cordially,
Robert A Shaw
CC: Samuel & Mary Hughes
Robert E. & Joan Miller
Sarita 0. Shaw
I of 1 03/07/2000 7:41 AM

.l
�Valler-McMillan Action ID No. 19991020
Subject: Waller -McMillan Action 10 No. 19991020
Date: Fri, 3 Mar 2000 20:45.49 -0500 (EST)
From: [e-mail] (Robert A. Shaw)
To: [e-mail], congjones@, mail. house. gov, [e-mail]. nc.us,
Janet.Paith a ncmal1.net, [e-mail], [e-mail],
[e-mail], [e-mail], [e-mail], [e-mail],
<rcummings@star fishnet. com>, tvstacy a yahoo.com, Caro [e-mail],
eperry icomnet.com, [e-mail], [e-mail],
adams mail.clis.com, [e-mail], [e-mail], [e-mail],
[e-mail], [e-mail], [e-mail], [e-mail],
[e-mail], [e-mail], [e-mail]
CC: [e-mail]
February 25, 2000
U.S. Army Corps of Engineers
Post Office Box 1890 Wilmington
North Carolina, 28402-1890
Wilmington Regulatory Field Office
Action ID No. 19991020
Re: Jeffrey H. Richter, Project Manager
Morehead Bluffs property owners filed a petition, February 16, 2000, to
investigate our alleged violations of North Carolina Environmental and
Wild Life laws by Waller -McMillan and representative Ron Cull.ipher,
Stroud Engineering.
Attached documents and Town Council Meeting February 8, 2000 Minutes are
enclosed for your consideration prior to your investigation of our
allegations next week.
Summary - The proposed site declared wetlands by:
Joanne Steenhuis, Environmental Specialist 1, NCDENR Division of Water
Quality, March 3,1998;
Jeffrey H. Richter, Project Manager by your office, May 20, 1999.
Ms. Joanne Steenhuis May 24, 1999
North Carolina Division of
Water Quality
127 Cardinal Drive Extension
Wilmington, N. C. 26405
Land Management Group June 25, 1999
Environmental Consultants
(Steve Morrison)
Wilmington, N. C. 28402
Other documents from NCDENR, Land Quality Section termed LETTER OF
APPROVAL with specific caveats to be complied with by the applicants,
Waller -McMillan Partnership.
Cordially,
Robert A. Shaw
309 Mansfield Parkway
l of 2 03/06/2000 8:10 AM

dValler-McMillan Action ID No. 19991020
Morehead City, N. C. 28557
[phone] rax
726-6087 fax
e-mail: [e-mail]
Enclosures: documents
cc: Regulatory Division Chief:
Wayne Wright Fax [phone]
NCDENR District Manager:M. Ted Tyndall [phone]
Tony W. Joyner, Senior Case Worker
Congressman Walter B. Jones, 3rd
District, North Carolina [phone]
Darlene Leonard, Clerk of the Superior Court, Carteret County, N.C.
[phone]
Town of Morehead [phone]
Robert L. Cummings, Attorney at Law
Morehead City [phone]
Melanie Arthur, Register of Deeds, Carteret County N.C. [phone]
Katrina F. Marshall, Director of Planning
Carteret County, N.C. [phone]
Walter Phillips, Carteret County News Times, Morehead City (252)
726-6016
Rev. C. King Cole, Rector
Rev. John H. Grayson (252)
St. Andrews Church, Morehead City
[phone]
Bouge Banks Baptist [phone]
Patrick Williams Atlantic Beach, N.C.
Headline News (Rouse) [phone]
Ben Ball, Chairman - Planning Board
[phone]
Stroud Engineering - Ron Cullipher
Morehead City [phone]
Channel 12TV (Stacy Davis) 726-2230
Tony Seamon, Morehead Bluffs 240-1307
Ron Mooring, Morehead Bluffs 726-0756
Bob & Joan Miller Morehead Bluffs
2 of 2 03/06/2000 8:10 AM

4!
/Pennit #SW8 991 121 Waller -McMillan Bluffs View
Subject: Permit #SW8 991121 Waller -McMillan Bluffs View
Date: Fri, 3 Mar 2000 14:08:59 -0500 (EST)
From: [e-mail] (Robert A. Shaw)
To: [e-mail]
CC: [e-mail]
Attention: Rick Shiver, Supervisor WQ
Morehead Bluff.'s property pw;le:s a:ave l)QL-L•u„c_.
investigate this project under the Regulatory Program Overview because
portions these properties were deemed wetlands, May 20, 1999 and several
years earlier.
Ron Cullipher, Stroud Engineering stated on the approved Stormwater
Permit that "no regulated 401 wetlands exist on site."
USACE and NCDENR deemed this site had wetlands, a matter of record. The
property north of the 20' right of way to San Juan Circle was posted by
the USACE - Cease and Desist and EBLU (Claude Suggs) was required to
remove all fill dirt that was not flushed into Pellitier Creek. We
believe Micky Sugg was the Project Manager (1992-1993).
Notice of Filing of Application for CAMA Minor Development Permit is
pending: contact T. Barrett, Coastal Management [phone] to
determine why this property is no longer wetlands:
Notice is hereby given that E.B.L.U. Corp./Claude Suggs has applied
to the Department of Environment and Natural Resources for a Minor
Development permit. The applicant is requesting to grade and fill a lot
(same lot) at the corner of Mansfield Parkway and San .Yuan Circle (20'
right of way).
We are not opposed to this permit, given other property owners receive
the same consideration to improve the en*ire n^i_.hhnrhn, .
are opposed.
At the Town Council of Morehead Meeting, February 8, 2000 "Ron
Cullipher, Stroud Engineering, said his clients "have not done any work
on the project site since they bought the land."
Further, he said, "there neither are nor have been any designated
wetlands on his client's property."
North Carolina General Warranty Deed 13 day of October, 1999, by and
between E.B.L.U. CORP, INC., Grantor and Waller -McMillan Partnership
Grantee contradicts his statement. (see exhibit)
All activity commenced after the property was purchased October 13,1999.
This can be verified by billing statements from the contractor, Bobby
Arthur, to determine the quantity of fill dirt delivered to fill
wetlands that did not exist!
Mr. Mooring and Mr. Shaw pointed out that the planned development is to
be built on property that served as the drainage field for the private
waste treatment plant for surrounding residences before the area was
brought into the city limits and provided city water and sewer service.
This statement is incorrect because the plant was leased by the Bluff's
Townhouse Association from the Developers until city sewer and waver wac
available 20 years later, December 15, 199b.
"But Mr. Cullipher said that is not unusual.
He conceded there are abandoned sewer lines under the property, but said
I of 3 03/06/2000 8:09 AM

.) '
'Permit #SW8 991 121 Waller -McMillan Bluffs View
that if the developers encounter any of those lines, they will be
removed."
Given this is true, the remaining pipes will be concealed by the
Developers unless declared to the public. We understand these drain
lines are on 5 foot centers covering .46 acre of the 1.72 acres
available; considerably less than the required 2.18 acres to be in
compliance with the Morehead City Code and North Carolina Statutes. How
does it comply?
Is it true the developers can build on this drainage site without
renourishment of the property and/or conceal it from the public?
"There are several problems, Mr. Shaw and Mr. Mooring said during the
public hearing Tuesday." (February 8, 2000)
"They told councilmen, the city's own zoning ordinance requires that any
PD district be under "unified control" and at least 2.18 acres in size,
which is roughly equivalent to one city block."
"But under questioning by councilmen, Morehead City Planning Director
Linda Stabb said that isn't the case for all projects within PD
districts.
Instead, she said, the city ordinance states chat if a property owner
wants to rezone his land to PD, the proposed district must be unified
(unified control) and must contain at least 2.18 acres of land.
(Dedicated streets excluded.)
We believe rezoning the property as suggested would require that lawful
procedings of the Statutes would be required.
In the Bluff's View case, she said, the "entire PD district also
includes the Morehead Bluffs Condominiums (Bluff's
Townhouses) and the entire district contains more than the required
acreage.
Nelson Taylor, attorney for the city, agreed with Mrs. Stabb'
interpretation of the zoning ordinance, and Morehead City Manager Randy
Martin said the whole PD is probably close to 5 acres in size."
The Bluffs Townhouse development was a "grandfathered" hotel site since
1926 and remaining proprties were residential with restrictive
covenants.
How could a prudent person contend that "unified control" include
properties that are not under "unified control" to comply with North
Carolina General Statutes?
Supporting documents will be faxed for your evaluaLiun o
and request: USACE REGULATORY PROGRAM OVERVIEW. Photographs are
available to prove the wetlands covered dedicated Georgia Avenue from
Pellitier Creek south 500 - 600 feet.
Waller -McMillan contractors continue to fill and fill the site, today.
We expect to hear from you on Monday, March 6, 2000 as you promised
Cordially.
Bob Shaw
Enclosures by facsimile.
2 of 3 03/06/2000 8:09 AM

Re: Stormwater Permit - Bluffs View Stormwater Project SW8991112
Subject: Re: Stormwater Permit - Bluffs View Stormwater Project SW8991112
Date: Tue, 29 Feb 2000 09:27:23 -0500 (EST)
From: [e-mail] (Robert A. Shaw)
To: [e-mail] (Linda Lewis)
CC: [e-mail]
Linda: Project Manager for Bluffs View is an engineer with Stroud
Enginering and as such, there is a conflict of interest.
We request this approval be reconsidered and an impartial evaluation be
conducted by Richard Chinn or his delegate.
Please provide copies of plans submitted by Stroud Engineering and ball
me.
Thank you.
Subject: Re: Stormwater Permit - Bluff s View Stormwater Project SW8991112
Date: Tue, 29 Feb 2000 08:00:32 -0500
From: Linda Lewis <[e-mail]>
To: "Robert A. Shaw" [e-mail]>
Dear Mr. Shaw:
All I have from Stroud Engineering is a general note on a set of plans that
says there are no jurisdictional wetlands on the site. I don't have the
ability to copy plans. If you would like to come by the office and see the
plan yourself, you are welcome to do so. Please call Brenda Shumbarger at
910-395-3900 and schedule an appointment with her.
Your questions regarding wetlands issues should be referred to Joanne
Steenhuis.
Sincerely, Linda Lewis
"Robert A. Shaw" wrote:
> Attention: Linda Lewis
> Thank you for your February 23, 2000 letter of explanation with respect
> to the approval of this site.
> Please fax copy of Wetlands Delineator submitted by Stroud Engineering.
> Cordially,
> Bob Shaw
Linda Lewis <Linda.Lewi_s a,nemail.net>
t of 2 02/29/2000 10:21 AM

Walker -McMillan Action 1D No. 19991020
q VA
!4&
q
Subject: Waller -McMillan Action ID No. 19991020
Date: Sun, 27 Feb 2000 09:37:46 -0500 (EST)
From: [e-mail] (Robert A. Shaw)
To: [e-mail], congj ones @mai Lhouse. gov, [e-mail]. nc.us,
[e-mail]. nc.us, Janet. P aith@ncmail. net, [e-mail],
[e-mail], [e-mail], [e-mail], [e-mail],
[e-mail], [e-mail], [e-mail],
[e-mail], [e-mail], [e-mail],
[e-mail], [e-mail], [e-mail], [e-mail],
[e-mail], [e-mail], [e-mail],
Tall [e-mail], [e-mail], [e-mail], [e-mail],
[e-mail], [e-mail]
CC: [e-mail]
February 25, 2000
U.S. Army Corps of Engineers
Post Office Box 1990 Wilmington
North Carolina, 28402-1890
Wilmington Regulatory Field Office
Action ID No. 19991020
Re: Jeffrey H. Richter, Project Manager
Morehead Bluffs property owners filed a petition, February 16, 2000, to
investigate our alleged violations of North Carolina Environmental and
Wild Life laws by Waller -McMillan and representative Ron Cullipher,
Stroud Engineering.
Attached documents and Town Council Meeting February 8, 2000 Minutes are
enclosed for your consideration prior to your investigation of our
allegations next week.
Summary - The proposed site declared wetlands by:
Joanne Steenhuis, Environmental Specialist 1, NCDENR Division of Water
Quality, March 3,1998;
Jeffrey H. Richter, Project Manager by your office, May 20, 1999.
Ms. Joanne Steenhuis May 24, 1999
North Carolina Division of
Water Quality
127 Cardinal Drive Extension
Wilmington, N. C. 28405
Land Management Group June 25, 1999
Environmental Consultants
(Steve Morrison)
Wilmington, N. C. 28402
Other documents from NCDENR, Land Quality Section termed LETTER OF
APPROVAL with specific caveats to be complied with by the applicants,
Waller -McMillan Partnership.
Cordially,
Robert A. Shaw
1 of 2 02/28/2000 8:44 AM

Waller -McMillan Action ID No. 19991020
f'
309 Mansfield Parkway
Morehead City, N. C. 28557
[phone] rax
726-6087 fax
e-mail: [e-mail]
Enclosures: documents
cc: Regulatory Division Chief:
Wayne Wright Fax [phone]
NCDENR District Manager:M. Ted Tyndall [phone]
Tony W. Joyner, Senior Case Worker
Congressman Walter B. Jones, 3rd
District, North Carolina [phone]
Darlene Leonard, Clerk of the Superior Court, Carteret County, N.C.
[phone]
Town of Morehead [phone]
Robert L. Cummings, Attorney at Law
Morehead City [phone]
Melanie Arthur, Register of Deeds, Carteret County N.C. [phone]
Katrina F. Marshall, Director of Planning
Carteret County, N.C. [phone]
Walter Phillips, Carteret County News Times, Morehead City (252)
726-6016
Rev. C. King Cale, Rector
Rev. John H. Grayson (252)
St. Andrews Church, Morehead City
[phone]
Bouge Banks Baptist [phone]
Patrick Williams Atlantic Beach, N.C.
Headline News (Rouse) [phone]
Ben Ball, Chairman - Planning Board
[phone]
Stroud Engineering - Ron Cullipher
Morehead City [phone]
Channel 12TV (Stacy Davis) 726-2230
Tony Seamon, Morehead Bluffs 240-1307
Ron Mooring, Morehead Bluffs 726-0756
Bob & Joan Miller Morehead Bluffs
2 of 2 02/28/2000 8:44 AM

State of North Carolina
D[ partment of Environment
and Natural Resources
Wilmington Regional Office
James B. Hunt, Jr., Governor
Bill Holman, Secretary
Division of Water Quality
February 23, 2000
Mr. Robert Shaw
309 Mansfield Parkway
Morehead City, NC 28557
yea
NCDENR
NORTH CAROLJNA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
Subject: Stormwater Permit for Bluffs View
Stormwater Project No. SW8 991112
Carteret County
Dear Mr. Shaw:
Thank you for your e-mail dated February 22, 2000, regarding the proposed development known as
Bluff s View. While I sympathize with your concerns, the Division of Water Quality has not been given the
legislative power needed to bring about a resolution to your concerns.
The stormwater rules were first enforced on January 1, 1988. Any projects developed prior to that date
were not subject to the State stormwater requirements, therefore, they have no stormwater controls. Only a
handful of new projects which are subject to State stormwater requirements and that drain to Peletier Creek
have been permitted over the last 12 years. Bluffs View has been permitted with a detention pond designed
to remove 90% of the suspended solids in the runoff.
Flooding concerns and zoning issues are areas where the Division has no legislative authority. If a
project floods, it falls to the discretion of the local government to develop ordinances which will alleviate the
problems, and to develop a maintenance plan to keep the ditches and streams free flowing. Rigorous
enforcement of the Sedimentation and Erosion Control plan will go a long way toward keeping construction
sediment out of the creek. Single family residences can also reduce their contribution to the pollutant load.
I have enclosed an information sheet I hope you will find useful. Zoning regulations are strictly the jurisdiction
of the local government. The Division cannot legally deny a stormwater permit because the zoning will not
allow the proposed development. A building permit is not supposed to be issued until the project receives all
required permits.
I forwarded your e-mail to our wetlands specialist, Ms. Joanne Steenhuis, for investigation regarding
the allegations that wetlands have been filled. She can be reached at [phone]. The Division requires
that all wetlands be shown on the plan, so that we can ensure that the proposed stormwater control facilities
are not located in wetlands, and to alleviate pockets of high density within low density projects. The approved
plans for Bluffs View; prepared by Stroud Engineering, indicate that there are no 404 jurisdictional wetlands
on the site.
Most of the concerns cited in your letter could be resolved with proper local ordinances in place. Please
get together with your local government officials to see about the possibility of implementing a stormwater
management program. Any local program implemented must be at least as strict as the State's, but can be
stricter, if desired. Please stress to the local officials that the State does not review plans for flood control- only
water quality. I have enclosed a fact sheet regarding getting a stormwater program started.
Sincerely,
Linda Lewis
Environmental Engineer
RSSlarl: S:1WQSISTORMWATILETTERS1991112.FEB
CC' Linda Lewis
127 Cardinal Dr. Ext., Wilmington, North Carolina 28405 'telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled110% post -consumer paper

Bluff Y!, w Project - Stormwater
1
r
Subject: Bluff View Project - Stormwater
Date: Tue, 22 Feb 2000 23:42:55 -0500 (EST)
From: [e-mail] (Robert A. Shaw)
To: [e-mail] ccilol
CC: [e-mail]
n
Please be advised: G .e l
Pellitier Creek is already the most polluted body of water in Carteret Q
County.
This property was declared wetlands by U.S. Army Corps of Engineers, May
20,
1999 ;Jeffrey Rickter) and CAMA.
The property is illegaly zoned Planned Development by the City of
Morehead.
The Developer has filled the "wetlands
area" four to five feet this week.
Stormwater is a very real concern because we already have a serious
drainage condition without creating new concerns. Pellitier Creek has
almost no depth because of soil being flushed into it over the years.
Heavy rains flood the residential properties on San Juan Circle now.
This is the most polutted body of water in Carteret County because 1800
power boats are berthed here in wet and dry storage.
This is a residential neghborhood and we are opposed to encroachment and
exploitation of our properties by land developers.
Further, the infrastructure cannot support
more than 5--6 more single .family homes
R15.
Bob Shaw
309 Mansfield Parkway
Morehead City, N.C. 28557
[phone] Fax [phone]
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l of 1 02/23/2000 8:12 AM
5 f"h" c �-4- . 4h -;;,

03/1'1/2000 17:43 19197200087 ROBERT A SHAW PAGE 01
a .omp . raboua. 1}d u. 9m0 sm !b . hp 1 t 2
V Hawk
Write a message
From: TrumpyFive-0®webtv.net (Robert A. Shaw)
...............................................................................................•
To:
..........................................................................................I..._.
Cc:
•......\\\.....•....................r............... 1..\\...11.......
Subject:
•.\...................... U.r\f.••.............................."...\...... r.......... 0........•
March 17, 2000
To Whom It May Concern:
Subject: Permit #SW8" 1121 Waller and McMillan - Bluffs View
Project
As you know, Morehead Bluffs property owners petitioned the USAGE to post
this property Febmary 16, 2000. This request
has M be answered to date.
During the intervening time the developers have continued to build up the site
with hundreds of truckloads of fill until the site
has been elevated 5-6 feet over the area deemed wetlands by NCDENR &
USACE.
The enclosed News & Observer articles reveal to polluted condition of Pdlma
Creek, August 1971.
Stormwater permit ##SW8 991121 should be recinded because the developers
engineer did not submit a wetlands deliniation; but, merely noted on the plans
submitted there were no 404 wetlands on the property.
According to the attached News & Observer articles Pellitier Creek was known
as "Love that duty water' 9 years ago and we know it is worse today!
Further, the Stormwater Permit allows the project, unless recinded, to cross
under the 20' access road and flow though three other neighboring properties
mstead of requiring the stormwater to be discbarged directly into Bogue Soand.

03/11/2000 17:43 19197266087 ROBERT A SHAW
Viftamm�p . W Fj L*n*I3.=3:nfU.!w2of3
MATE IIw�eR
PAGE 02
The majority of storm water gravitates to catch basins warn of Mansfield
Parkway and Maryland Avenue (Bay Street) end then runs through properties
owned by Perry Management and Sarita O. Shaw to Pellitier Croak and is
unconscionable.
We request the municipality, state and federal governments to investigate these
problems and provide an acceptable plan of action for Morehead Bluff dozens
and property owners.
Inddently, the trucks continue to drive by, apparently no stop wort has been
issued to date!
Please acknowledge our petition.
Cordially,
Robert A. Shaw

0311t/2669 17:43 19197266e87
ROBERT A SHAW PAGE 93
Editorial
Gee...f&- se
book 3o ewp.
7�M .�* ' � OV � ', ,fir �h•i:%�q l�

03/115/2000 17:43 19197266087 ROBERT A SHAW
PAGE Oa
12A - The News & Observer, Raleigh, N.C.. Wednesday, Aug, 7, -1991
lhe-N-
ews
I sdvlse and enioln those who direct the paper in the tomorrows never to advocate any taus*
for pefsonal profit or preferment. I would wish it always to be "the tocsin" and to devote
Itself to the policies of equality and justice to the underprivileged. If the paper should at any.. .- .
time be the voice of self-irrcerest or' bectlme the spokesman of privilege or selfishness it would
be untrue to Rs listory, — JOSEPHUS DANIELS. Editor and Publisher 1894-19418.
`Love that dirty water".',
The state Environmental Man-
agement Commission will 'turn log
is on its head if - it: 'yields, ..to
developer pressure to downgrade .
the water classification of Carteret
County's heavily - used Peletier
Creek, 'west of Morehead City. , .
Developers piously say :the tidal.
creek, now classed SA,' should - be
downgraded because .it, -is already
too polluted to -meet the state's
"clean enough for shellfish harvest-
ing" standard for that ' .class of,
waters. :They - don't say,., but all
concerned know, that -downgrading
would -let. them crowd ' its banks
with even more pollution i;ources —
more marinas', more'- homes and
businesses served 'by septic tanks, .
more roads, roofs and parking lots
to sluice, fo6l, st6rmwAtet into the
creek.,
How in 'the name ' of cause .and
effect ' is that ever going''to make'',
Peletier Creek --,or Bogue Sound,"
whose tides flush it -- cleaner?
Much of Bogue Sound is already,
to put it politely, at risk., Such
sounds, with their marshes .and
tidal creeks, were once the teem-
ing, fertile nurseries for-an'incredi-
Ole bounty of fish and shellfish.'
Pollution -and the ravaging of habi-
tat iri and around the'nurseries• is,
along with overf ishing, responsible
for a drastic,' alarming drop-off in
fish catches all along .the East'
Coast. In North Carolina waters,
the edible-finfish catch in I990 was
less than half of 1980's.
This ongoing disaster wsll'never
be turned around by the kind -of
crackpot "realism" that says dirty
waters should be down classed in -
stead of cleaned up. Downgrading
Peletier "Creek would : set a scary,
policy precedent. that can never.',
lead, to cleaner coastal waters, only;;
to filthier ones,
Of course Peletier Creek is pollut,
ed. now •--- for. Just - one reason:
-existing - development. The creek,
must: accept the mess from eight;
marinas and the thousands of boats'
-that use them;'.:plus runoff and.
septic -tank seep . from scores of
bu_ sinesses, homes and roads.
But, contrary to official wisdom'
in the Division - of Environmental
Management ;'the fouling may riot'
be irreversible. Shellfish regula
tors, who work for -a different state
agency, recently ' found 10 failed:
.septic-,. tanks that had fed raw
sewage-:into',Pe'letier Creek for
years. Septic tanks' can be fixed; `Y'
,Owners, of these and other, -pre
sent and potential. pollution sources
know'•it's the creek that gives their'
property its value. Instead of open-
ing the' door to' more and Worse,':
exploitation, the state must with`
incentives' if possible -- -help the`;
. owners shift' their attitudes 'and
actions toward' sustainable stew-'
ardship of, that .asset. Any others
state , policy is not environmental,
management -but. environmental
suicide.
y J�
'Good MornirIg
When be sought the public's ideas.,i
on' rescuing the•city budget,_Newi $
Y.&k.Mayor David Dinkins greeted.:'
a.,man .dressed as Santa Claus —`,
appropriate, since the mayor needs.,
a miracle on 34th Street.

03/15/2000 17:43 191972GG087
If it looks like a duck, waddles
lice is dude and quacks dice a dude,
it's a dudtl I . : .
ROBERT A SHAW
initiative to improve the qualiyy of
Pelletier Creek.
ek.
Nutsl That is patently ridiculous and
From all the publicity flowing wrong! In CartQret County, the envi-
downsteeam, people in Raleigh must ronment and the economy are �r
have just discovered Bogue Sound mous. Destroy at ruin . the environ-
and Per kdff Creek. meat hem and the economy is Also do-
Imm issue is whethtr P�el1etitr Cheek, sttoycd and ruined.
which -flows into Rogue Souutd,
sbim-W be reclassified. Som Class SA
to Class SB waters.
Saltwater bodies in North Carolina
am classifi d in three categories —
SA, SB and SC — depending on their
uses. The highest classification is SA
and means the waken contains edible
shellfish. SB is assigned to waters
suitable for swimming, and SC is as-
signed to water& . when neither shell-
fish consumption or swimming are en-
couraged.
As we noted hem July 19, Pelletier
Creek has been closed to shelliishing
for 36 years, since 1955, because fecal
coliform bacteria levels in the creek
exceed the water quality sumdard. The
creek is highly • developed, with both
commercial and residential.. &velop-
ment consisting of eight marinas and
homes and condominiums. Studies by
the N.C. Division of Environmental
Management (DEM) and the Division
of Marine Fisheries indicate that there
essentially are no shellfish in the
creek, which the SA classification is
intended-w- protect; hence. the recom-
mendation for SB classification.
Repmmutatives of the Shellfish
Sanitation Section of the N.C. Divi-
sion of Health Services concede that
Pelletier Cheek is the most degraded
body of water in the county and
among the most. degraded bodies of
watts in the state. The quality of Pel-
letier Creek is inferior to four bodies
of water in the county, each of which
has an SC classification: the estuaries
raoeiving the municipal sewage dis-'
charge of Newport. Beaufort and
Morehead (Sty, as well as the area
next to the Mottbead City Stare Peat
and Morehead City waterfront
Yet Shellfish Sanitation, along with
some environmental interest or ganixa-
dons and a Raleigh. editorial writer,...
contend that Aelkde:r Qwk should,
not . be r06laWfiW . SB -beci ule-'' is':
would: 1�
(1) seta precedent for other waam,
bodices in the state, and
As much as some environmentalists
would like to think or claim it does, -
and as much U inane editorial writers
in Raleigh would like to think or
claim it does, the reclassification of
Pelletier Creek does not pit
"developers" against environmental-
ists. Reclassification simply admits
there is a grading system. and for us to
insinuate the slightest hint of validity,
we must be truthful.
Wow quality classifications have;
been created to graft bodies of water
and allow protection of pristine wa-
ters. To make classifications valid and
truthful, appropriate classifications de-
termined by studies and tests should
be assigned. If the state, through
Shellfish Sanitation, is going to lie
about it, throw the whole classifica-
tion system out. Declassify everything
including "pristine waters." Let's not
be hypocritical.
If Pelletier Creek does not warrant a
reclassification to at least an SB clas-
sification -- and enough evidence ap-
parently exists to reclassify it to SC —
awre-are -no bodies of water which
warrant such reclassification.
Tremeadou2 economic benefit is de-
rived ftm Pelletier Creek in the form
of taxes (homes and condomoniums)
and jobs (livelihoods and wages). It is
also a classic example of a body of
water where the classification is not
only inconsistent with its function, but
at odds.
Reclassifying Pelletier Creek does -
not mean it can't be improved. If and
when the .water quality of the creek
improves, the creek should and can be
teclassific&
If classification is to have meaning.
and validity. Pelletier 6vck should be
reclassified SR.
The' man who never alters his opin-
ion is like standing water, and breeds
reptiles of the mind.
PAGE 05
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9'/16/2000 08:50 19197266087 ROBERT A SHAW PAGE 02
State of North Carolina
Department of Environment,
Health and Natural Resources
Wilmington Regional Office
Division of Water Quality
James B, Hurht, Jr., Gavemm
Wayne McDevitt, Secretary
March 3, 1998
Mr. Robert A. Slue►
309 Mansfield Parkway
Morehead City, NC 29557
1
NCDENR
twcsrn. twRou+�. t�llrwr.tawr fir
(MVI�OMMW► &" %NUruft 11tzs JftM e
U: MANS> I D PARKWAY DEAD TREE REMOVAL FROM WETLAND AUM
Dear Mr. Shaw;
1 am summarWrtg the site meeting at Mansfield Parkway on Thursday. February 19. 1998 with you; David Mc Cabe.
Director of the SuvetzManiudw; Rues Colby and myself from the Division of Water Quality. We appreciate your
concerns about the removal of dead trees from wetland areas.
The she adjacent to dw paciakge pkm is indeed a wetland area and impacts to it would rood to be ]united. Tfhe ]utter
anwwrir of water accumulating on the site in the tan two yearn is most likely a culmiaaiion of various factors including
the amount of imperious surfscee around the site and due loss of the lugs pins trxs on the proparty. The Division of
Water Quality amid require that the trees be removed from the wetlands by cutting them down without large
mechanized equipment impacting the wetland and chaining them out of the area. DWQ may also allow large rubber
tired vehicles to be used in some areas as long u the ruts or impacts were returned to the original topography. Any
filling or additional impacts to the widands on the properly would most likely require authorization.
Mr. David McCabe mentioned dhst ftm wens drain tiles underneath San Juan Road that were not fucdoning properly
and would most likely need to be replaced. Fixing the tiles would most likely allow the excess waters to drain back
into Peltier Creek and restrn dte wedatd m more previoue oonditions. DWQ would require that the city use BMP when
digging up the drain tiles for replacement.
The seoond site coataWng only a few dead trace in a buffer adjacent to a marsh would also need to remove the dead
trees in the tame manner as described above. Any Underbrush and debris within the wetlands may be cleared if no
mechanized equipment it used and the area is not tocatM within 50 fbet of a crealr/strvam or body of water in the
Neuse basin.
If you have any addltfanal questions, please do not hesitate to call me.
Since
Erely,
%qL0
nhu
nnromeal Specialist 1
cc: C. W, Horton, Mayor of Morehead City
David McCabe, Director of Streets & Sanitation
John Donny, Central OfFlcs
127 Cameral Dive Extension, WVNmUptan. NC 28405 a Talepixx 910-395-3900 a fax 910-3W2004
An Egw1 opponuni lr Affi.metive Acdoo 14Mpioyer

STROUD ENGINEERING, P.A.
Hestron Plaza Two
151-A Hwy. 24
MOREHEAD CITY, NC 28557
[phone]
� i �► 1 1/� ��t
WE ARE SENDING YOU ❑ Attached ❑ Under separate cover via
❑ Shop drawings ❑ Prints ❑ Plans
❑ Copy of letter ❑ Change order ❑
DATE JOB NO.
A77ENII0/N
4
RE' Vi
fttj _ — -A i
S
S VV 12
the following items:
❑ Samples ❑ Specifications
COPIES
DATE
NO.
OESCRTTION
TIC
N`pri ir7 Ano I t rrk v-i ftIA/A I VP
. u v■ � i b y b
D
PROJ #
THESE ARE TRANSMITTED as checked below:
❑ For approval
❑ For your use
0 As requested
❑ For review and comment
❑ FORBIDS DUE
REMARKS
❑ Approved as submitted
❑ Approved as noted
❑ Returned for corrections
19
❑ Resubmit copies for approval
❑ Submit copies for distribution
❑ Return corrected prints
❑ PRINTS RETURNED AFTER LOAN TO US
COPY TO
SIGNED:
If enclosures are not as noted, kindly notify us at one

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STROUD ENGINEERING, P.A.
HESTRON PLAZA TWO
151-A HWY, 24
MOREHEAD CITY, NORTH CAROLINA28557
[phone] January 13, 2000
NCDENR — Division of Water Quality
127 Cardinal Drive Ext.
Wilmington, NC 28405
ATTN: Linda Lewis
Subject: Bluffs View Additional Information Check List
1. A new application has been completed with the applicant signing as general partner.
2. The roof drainage will be directed toward the roadway with the use of roof gutters
(see page 2 of 7).
3. A typical footprint of the detached building can be found on page 2 of 7.
4. The pond now meets the required 3:1 length to width ratio and the forebay is 20% of
the permanent pool volume (see page 3 of 7).
5. The orifice is now based on the required permanent pool volume of 3059 CF (see
sheets 3 and 4 of calculations).
Sincerely, STV'RIN"I W A T E R
Ginger Turner
E C E I V E
JAN 19 2000
PROS # gi12
107 COMMERCE ST. 3961 A MARKET ST. HESTRON PLAZA TWO
SUITE 8 SUITE A 151-A HWY. 24
GREENVILLE, NC 27858 WILMINGTON, NC 28403 MOREHEAD CITY. NC 28557
[phone] [phone] [phone]

Department of Environment
and Natural Resources
Wilmington Regional Office
James B. Hunt, Jr., Governor
Bill Holman, Secretary
Division of Water Quality
December 15, 1999
Mr. Scott McMillan, Partner
Waller -McMillan Partners
c/o Gull Island Realty
PO Drawer 550
Atlantic Beach, NC 28512
1
NCDENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT ANb NATURAL RESOURCES
Subject: ACKNOWLEDGMENT OF RECEIPT AND
REQUEST FOR ADDITIONAL INFORMATION
Stormwater Project No. SW8 991121
Bluffs View
Carteret County
Dear Mr. McMillan:
The Wilmington Regional Office received a Stormwater Management Permit Application for Bluffs
View on November 15, 1999. A preliminary review of that information has determined that the application
is not complete. The following information is needed to continue the stormwater review:
1. Please remember to include the title of the applicant on Page 1, Section I, #2 of the application.
Please note that in the case of a partnership, a general partner must sign. Please verify your title
as a General partner.
'/ 2. Please seal the design calculations.
3, Please address the roof drainage. The grading around the buildings is not proposed such that it
will direct the runoff into the pond. Are roof drains proposed? Please locate them on the plans
and indicate how they will be directed into the pond.
4. Please provide -a dimensioned typical footprint for units 5-13. Note all open wood decks, label
and dimension sidewalks, etc. I am coming up with more BUA for the lots than your engineer
does.
The proposed pond does not meet the 3:1 L:W criteria, even though the supplement has been
initialed indicating that it does. Please -.revise,
6. As discussed at the workshops, the orifice sizing is based on the required 1" volume, 3,445, in
this case. Please check to make sure that the I" orifice specified is still sufficient and revise the
supplement as needed. Please provide revised calculations of the drawdown using the correct
volume.
When dealing with small numbers, please report them in square feet on the application. If you
multiply the .89 acres of BUA reported on the application by 43,560, the result is 39,768, about
400 ft2 short of the 39,092 used in the calculations.
127 Cardinal Dr. Ext., Wilmington, North Carolina 28405 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/10% post -consumer paper

Mr. McMillan
December 15, 1999
Stormwater Project No. SW8 991121
8. Please add dimensions for the parking area in front of units 1-4. I come up with substantially
less BUA for the parking and streets than your engineers do.
9. The-forebay volume is deficient. The permanent pool volume is reported on the application as
6,107 cubic feet, however the calculations appear to use 5,991 cubic feet. The forebay volume
should be approximately 20% of the permanent pool volume,. As explained in the workshops,
the permanent pool volume is calculated as if the forebay did not yet exist. After the volume is
determined, the forebay wall is then positioned to achieve the required 20%. Please revise
calculations, supplements and plans as needed.
Please note that this request for additional information is in response to a preliminary review. The
requested information should be received by this Office prior to January 15, 2000, or the application will be
returned as incomplete. The return of a project will necessitate resubmittal of all required items, including the
application fee.
If you need additional .time to submit the information, please mail or fax your request for a time
extension to the Division at the address and fax number at the bottom of this letter. The request must indicate
the date by which you expect to submit the required information. The Division is allowed 90 days from
the receipt of a completed application to issue the permit.
The construction of any impervious surfaces, other than a construction entrance under an approved
Sedimentation Erosion Control Plan, is a violation_ of NCGS 143-215.1 and is subject to enforcement action
pursuant to NCGS 143-215.6A.
Please reference the State assigned project number on all correspondence. Please revise and return all
original documents enclosed with this letter, or provide new originals. Copies are not acceptable. If you have
any questions concerning this matter please feel free to call me at [phone]-
Sincerely,
Linda Lewis
Environmental Engineer
RSS/arl: S:1WQSISTORMWATIADDINF01991121.DEC
cc: Linda Lewis
Ginger Turner
127 Cardinal Dr. Ext., Wilmington, North Carolina 28405 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled11001. post -consumer paper

STROUD ENGINEERING, P.A.
Hestron Pfaza Two
151 A Hwy. 24
MOREHEAD CITY, NC 28557
[phone]
Ponnlra 731.1 l :.narl—H w, 11"-I! - !i
View N.3oa S
SHEET NO. OF
CALCULATED BY 1 I r ��•�+ DATE N
'`�CHECKED 6Y DATE
SCAI F

STROUD ENGINEERING, P.A
Hes#ron Plaza Two
151 A Hwy. 24
MOREHEAD CETY, NC 28557
[phone]
P18f0 V 701 1 JS'R" Shrrnl7M 1 IN14.01
SHrET NO.7
_ �-+ OF
CALCULATED QV DATE --
CHECKED BY—J DATE D'
Sral F

s
�� �, 0,Pzt
BLUFF'VIEW
WET -DETENTION POND NO. 1
WET DETENTION DRAWDOWN
orifice dia.=
orifice area=
Cd=
time increment
storage volume=
overflow el.=
perm. pool el.=
1 in.
0.0055 sf
0.72
60 minutes
3059 ft^3
7.5
6.5
(required 1" volume)
5�,:4� rrrrr.rrrrl��
4-1
1313
50'•.j�G4N•`v
0
401111101 0
Time
Cumulative Cumulative Volume
Height
Flow
Volume
Volume
Increment
Time Time
Initial
Out
Out
Remainin
(minutes)
(minutes) (hours)
(ft"3)
(feet)
(cfs)
(cf)
(ft^3)
0
0
3059.00
1.00
0.0315
0.00
3059.00
60
60
1
.3059.00
1.00
0.0315
113.39
2945.61
60
120
2
2945.61
0.96
0.0309
111.27
2834.34
60
180
3
2834.34
0.93
0.0303
109.15
2725.19
60
240
4'
' 2725.19
0.89
0.0297
107.03
2618.16
60
300
5
2618.16
0.86
0.0291
104.90
2513.26
60
360
6
2513.26
0.82
0.0286
102.78
2410.47
60
420
7
2410.47
0.79
0.0280
100.66
2309.82
60
480
8
2309.82
0.76
0.0274
98.53
2211.28
60
540
9
2211.28
0.72
0.0268
96.41
2114.87
60
600
10:
2114.87
0.69
0.0262
94.28
2020.59
60
660
11
2020.59
0.66
0.0256
92.16
1928.43
60
720
12
1928.43
0.63
0.0250
90.03
1838.40
60
780
13
1838.40
0.60
0.0244
87.91
1750.49
60
840
14 .
1750.49
0.57
0.0238
85.78
1664.72
60
900
15.
1664.72
0.54
0.0232
83.65
1581.07
60
960
16
1581.07
0.52
0.0226
81.52
1499.55
60
1020
17
1499.55
0.49
0.0221
79.39
1420.15
60
1080
18
.1420.15
0.46
0.0215
77.26
1342.89
60
1140
19 -
- 1342.89
0.44
0.0209
75.13
1267.76
60
1200
20 '
1267.76
0.41
0.0203
73.00
1194.76
60
1260
21
1194.76
0.39
0.0197
70.87
1123.90
60
1320
22
1123.90
0.37
0.0191
68.73
1055.17
60
1380
23
1055.17
0.34
0.0185
66.60
988.57
60
1440
24
988.57
0.32
0.0179
64.46
924.11
60
1500
25
924.11
0.30
0.0173
62.32
861.78
60
1560
26
861.78
0.28
0.0167
60:19
801.60
60
1620
27,
801.60
0.26
0.0161
58.05
743.55
60
1680
28.
743.55
0.24
0.0155
55.91
687.65
60.
1740
29
687.65
0.22
0.0149
53.76
633.88
60
1800
30..
633.88
0.21
0.0143
51.62
' 582.27
60
1860
31
582.27
0.19
0.0137
49.47
532.79

1920
1980
2040
2100
2160
2220
2280
2340
2400
2460
2520
2580
2640
2700
2760
2820
2880
2940
3000
3060
3120
3240
3300
2.Z AVS
vK
32 _ 532.79
33 485.47
34 440.30
35. 397.28
36 356.41
37 317.71
38 281.17
39 246.79
40 214.58
41 184.55
42 156.70
43 131.03
44 107.56
45' 86.30
46 67.25
47 50.44
48 35.88
49 23.60
50 13.64
51 6.07
52 1.02
3 -1.05
54 #NUM!
55 #NUM!
�r4sS�)�
0.17 b.01. E 7.32 ' 85.47
0.16 b.01?5 53 5.1 C 40.30
0.14 0.01)1�^2` ��397.28
0.13 0.0,1 i'4y,"°°°"• 4b,356.41
0.12 0.016'&.�.! 317.71
0.10 0.0102 36.54 281.17
0.09 0.0095 34.38 246.79
0.08 0.0089 32.21 214.58
0.07 0.0083 30.03 184.55
0.06 0.0077 27.85 156.70
0.05 0.0071 25.66 131.03
0.04 0.0065 23.47 107.56
0.04 0.0059 21.26 86.30
0.03 0.0053 19.05 67.25
0.02 0.0047 16.81 50.44
0.02 0.0040 14.56 35.88
0.01 0.0034 12.28 23.60
0.01 0.0028 9.96 13.64
0.00 0.0021 7.57 6.07
0.00 0.0014 5.05 1.02
0.00 0.0006 2.07 -1.05
0.00 #NUM! #NUM! #NUM!
#NUM! #NUM! #NUM! #NUM!
#NUM! #NUM! #NUM! #NUM!