SW8030432_HISTORICAL FILE_20050921

STORMWATER DIVISION CODING SHEET
POST -CONSTRUCTION PERMITS
PERMIT NO.
SW
DOC TYPE
El CURRENT PERMIT
❑ APPROVED PLANS
LEP HISTORICAL FILE
❑ COMPLIANCE EVALUATION INSPECTION
DOC DATE
V_2�Sb99 I
YYYYMMDD

WALToNENc
EERIN
September 19, 2005
Linda Lewis
NC DENR Division of Water Quality
127 Cardinal Drive Extension
Wilmington, NC 28405
Re Shark Attack, Sneads Ferry
Dear Linda,
SEP 2 1 2005
STORMWATER
Enclosed are the as -built survey and a revised plan showing the stormwater system as -built
Sincerely,
'lJ
Mark Walton
Walton Engineering
Tel [phone] PO Box 895, Burgaw, North Carolina, 28425 Fax [phone]

Fwd Shark Attack
•Y �
Subject. Fwd Shark Attack
From: myrtlewearmc@aol com
Date- Tue, 16 Aug 2005 09 45 20 EDT
To. walton8@belIsouth net
CC- linda lewis@ncmail net
Hello Mark,
Attached is Linda Lewis E-mail please make sure to supply her with the as built, I thought that all this
info was given to her already
Please inform me as soon as all the copy of the as -built survey, and 2 sets of the revised plans for the
"deviations" were supply to Linda Lewis
Thank
Hazy
Subject: Re Fwd Shark Attack
From: Linda Lewis <Iinda lewis@ncmail net>
Date: Mon, 15 Aug 2005 16 03 41 -0400
To: myrtlewearinc@aol com
Mr Ella
The engineer's certification was received today, but there were no as-builts with
it I would like a copy of the as -built survey, and 2 sets of the revised plans for
the "deviations" that were noted on the certification
Linda
tlewearinceacl com wrote
Good Morning Linda,
FYI Finally we have received the plan, Please let me know if they were
received in your office
And again thank you for all your time and patient
Have a great weekend
Hazy
Subject
Shark Attack
From
"Mark Walton" <waltonB@bellsouth net>
Date
Thu, 11 Aug 2005 09 57 25 -0700
To
"Hazy Ella" <myrtlewearincoaol comp
To
"Hazy Ella" <myrtlewearincgaol com>
1 of2 8/17/2005 9 10 AM

Fwd Shark Attack
Hazy,
We turned in the revised Stormwater Plan to the DENR Land Quality Section
yesterday
I will have the as -built certification submitted to DENR no later than tomorrow
I will contact you when it is ready
Mark
Re. Fwd Shark Attack.emli Content -Type messagelrfc822
2 of 8/17/2005 9 10 AM

■ Complete items 1, 2, and 3 Also complete A Signature
item 4 if gestncted Delivery is desired ❑ Agent
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• Attach this card to the back of the mailplece,
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1 Article Addressed to
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779 Comrrme.-ce PlOce.
HyrI/e Beac�, SC 9.577
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UNITED STATES POSTAL SERVICE r��
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4 Restricted Delivery? (Extra Fee) ❑ Yes
2 Article Number lat 70111 1140 0002 1285 2888
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PS Form 3811, August 2001 Domestic Return Receipt 102595 02 M 1540

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1 Article Addressed to
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PS Form 3811, August 2001 Domestic Return Receipt 102595-02 M 1540

UNITED STATES POSTAL SERV4C�"���
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DENR
127 Cardinal Drive Ext
Wilmington, NC 28405 (Attu BEV
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■ Complete items 1, 2, and 3 Also complete
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■ Print your name and address on the reverse
so that we can return the card to you
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(no subject)
Subject- (no subject)
From: myrtlewearinc@aol com
Date. Mon, 18 Jul 2005 16 52 36 EDT
To. walton8@bellsouth net
CC: linda lewis@ncmail net
Hi Mark,
Hope you had a good weekend, I am at Sneads Ferry today and I hoped you would contact me with
some good news
How are we doing with the surveyor have we got the map done yet? if not what is taking so long? and
when do you expect to finish the as built certification's
Please e-mail or call me on my cell phone
Thank you
t of 1 7/18/2005 5 47 PM

Fwd (no subject)
Subject* Fwd (no subject)
From. myrtlewearinc@aol corn
Date: Tue, 19 Jul 2005 11 38 27 EDT
To: linda lewls@ncmad net
Subject, Re (no subject)
From. "Mark Walton" <walton8@bellsouth net>
Date, Tue, 19 Jul 2005 09 10 11 -0700
To. <myrtleweannc@aol com>
Hi Hazy,
I can't really do anything on the as -built until I get the survey from Marc Padgett He told me one time he would
have it done two weeks ago I talked to him since and he said he was very busy and had a lot of people pushing
him and would get it done as soon as he can
This is causing me problems too As I have told you before, I work on a progress billing basis It causes me
problems when I don't get paid within 30 days of invoice date I am anxious to get the survey so I can get
finished because I don't usually wait this long for payment
I will let you know more when I know ]
Thanks,
Mark
----- Original Message -----
From myrtle_wearmc(cD_aol com
To walton8 bellsouth net
Cc iinda lewis@ncmail net
Sent Monday, July 18, 2005 1 52 PM
Subject (no subject)
Hi Mark,
Hope you had a good weekend, I am at Sneads Ferry today and I hoped you would contact me with
some good news
How are we doing with the surveyor have we got the map done yet? if not what is taking so long? and
when do you expect to finish the as built certification?
Please e-mail or call me on my cell phone
Thank you
Re: (no subject).eml11 Content -Type, message/rfc822
1 of 1 7/19/2005 11 49 AM

. - Fwd Shark Attack
Subject: Fwd Shark Attack
From: myrtlewearinc@aol corn
Date: Tue, 26 Jul 2005 13 52 28 EDT
To: lnda lewis@ncmail net
Linda, FYI
Subject. Shark Attack
From: "Mark Walton" <walton8@belIsouth net>
Date Tue, 26 Jul 2005 13 51 38 -0700
To. "Hazy Elia" <myrtleweannc@aol com>
Hazy,
I spoke with Marc Padgett yesterday He said he is nearly done with the surveying He said he has to
go back out and get a couple more points I asked him if it would speed things up if he just sent me the
raw survey data and let us map it out, but he said he already had the plan almost done so that wouldn't
be necessary
Hopefully, I will get the plan from him soon
will keep you posted
Mark
Shark Attack eml Content -Type: message/rfc822
1 of 1 7/26/2005 3 32 PM

(no subject)
Subject- (no subject)
From- myrtlewearinc@aol corn
Date Fri, 17 Jun 2005 11 32 57 EDT
To. 11nda lewls@nemall net
Attached is and e-mail from Mark Walton
Hazy
Hazy,
I inspected the stormwater system at the Shark Attack in Sneads Ferry today All repairs have been
made and I am satisfied that the system has been constructed properly and completely in compliance
with the plans
There is a problem with some of the plants dying, but I can't say that it is the landscaper's fault The
plants we specified were selected by the North Carolina Agricultural Extension specialist recommended
by a bioretention specialist at North Carolina State University According to Matt Mitchell, the
landscaper thinks that some of the plant species can't survive being intermittently flooded Apparently
he is right I will check back with the extension specialist to let her know what is going on and get her
feedback
Also, I met on -site with Marc Padgett, the land surveyor, about doing an as -built topographical survey as
Linda Lewis has requested Marc said he thinks he can get the surveying done next week and it will cost
about $1,400 00 including mapping Once he completes the survey and mapping, I will complete my
Certification for Linda
I told Marc to wait until I get the OK from you to proceed with the surveying Please let me know
Wednesday so I can keep him on schedule
Thanks,
Mark
06-08-05 Walton to Hazy htmlContent-Type: text/html
I Content -Encoding: quoted -printable
1 of 1 6/ 17/2005 3 19 PM

Sharks Inspection
Subject: Sharks Inspection
From: Linda Lewis <hnda lewis@ncmail net>
Date: Fri, 27 May 2005 11 04 29 -0400
To: Rudy Lanier <rudylanier@yahoo com>
CC: Hazy Elia <SharkAttackRW@aol com>, Mark Walton <walton8 @bell south net>
Mr Lanier
An inspection of the Sharks property on Tuesday, May 24, 2005, revealed that the
system appears to have been built an accordance with the Division's approved plans
The basin that is discharging through a 50, vegetated falter onto your property
should only discharge in response to storm events of 1 5" and greater, meaning that
90% of the storm events in NC should be contained The bio-retention basins that
are constructed should be of sufficient volume such that storm events equal to or
less than 1 5" are completely contained within the basins and do not discharge
The Division has no jurisdiction regarding drainage and flood control issues It is
left to the engineer and developer to research the drainage patterns and secure any
necessary easements to accommodate the discharges from the proposed system The
discharge of stormwater onto your property by Shark's is a civil matter between you
and Mr Elia The Division has no control over it, regardless of any permits we
might have issued approving the system for water quality Under cavil law, each
property owner has the right to use the historic drainage outlet for his/her
property Additionally, no one can fill in or cause a blockage of the historic
drainage outlet The Division cannot enforce civil statutes, only local law
enforcement can
Should they choose to do so, flood control issues are left to the local government
to deal with, however, the Division cannot mandate that the local governement deal
with at Had there been ordinances in place regarding flood control and drainage an
Onslow County, this situation might have been averted I suggest you lobby your
local State Representative or State Senator and ask them to support legislation
regarding the formation of flood control ordinances in Onslow County
Your property adjacent Shark's is currently undeveloped The discharge of overflows
from the Sharks stormwater system onto the property is not threatening a structure
or a parking lot In all likelihood, the elevation and location of the buildings
and parking lot that will be developed on your property in the future, will be such
that the overflows from the the Sharks system will not cause trouble
I'm going to wait until the engineer certifies the system, and give it time to
stabilize If easements have not been secured for this drainage onto your property,
I am requesting via copy of this email to Mr Elia that he either secure the
necessary drainage easements (if not already secured) or relocate the outlet of
that one large basin adjacent your property such that the overflow is captured and
piped over to one of the vegetated filter areas located on the Highway 210 side of
the property
Linda
1 of 1 5/27/2005 11 04 AM

Re Sharks Bioretntzon Basin
It
Subject: Re Sharks Btoretintion Basin
From. "Mark Walton" <walton8@bellsouth net>
Date: Mon, t6 May 2005 09 24 34 -0700
To: "Linda Lewis" <lmda lewis@nemail net>
Linda,
I spoke with Mr Rudy Lanier on the telephone Friday, the 13th of May He
was complaining about water from the large basin draining onto his property
I explained that the system is under construction After a brief
conversation, Mr Lanier said that he would name everyone involved if he had
to file a lawsuit I terminated our conversation at that point and told him
any further conversation he had with me would have to be through my
attorney He called back and asked one of my employees for my e-mail
address and I told them to tell him all correspondence with me would have to
be in writing (by mail ) He then said he would contact the state
I am letting you know this because Mr Lanier threatened to sue all parties
involved, which I assume would mean Shark Attack, Walton Engineering, DENR,
and Mitchell Construction
I didn't want to cause you to have to hear more flack from Mr Lanier, but I
am not going to converse with him under the threat of a lawsuit
Also, I personally heard Mr Lanier say that he is going to cause Hazy Elia
all the trouble he can when I was at the site meeting with Matt Mitchell and
Mark Mitchell of Mitchell Construction They both heard Mr Lanier make
that statement Mr Lanier did not know who I was at the time he made the
statement
Mark
----- Original Message -----
From "Linda Lewis" <linda lewis@ncmail net>
To "rudy lanier" <rud lancer® shoo com>
Cc "Mark Walton" <waltonS@bellsouth net>
Sent Friday, May 13, 2005 12 16 PM
Subject Re Sharks Bioretintion Basin
Mr Lanier
The permit we issued links the 2 larger basins together via a pipe with
a single discharge point, and a separate discharge for the third basin,
but both discharges are into the right-of-way of Highway 210 The
Division did not approve or permit any overflows or discharges from the
basins to be directed toward your property I will have our inspector
take a look at the project and get back to you if we see any deviations
from the permitted condition
Linda
rudy lancer wrote
Ms Lewis,
I have just got off the phone with Mr Mark Walton the engineer for
the Sharks Property in Sneads Ferry although he hung up on me before i
finished my conversation i will tell you the jest of it
The basin Mr Walton has designed for the property on the back side of
the building has an overflow directed to my property Unbelievable the
1 of 2 5/16/2005 1 11 PM

Re Sharks Bioretintion Basin
state could or would knowingly approve a design that would
intentionally cause harm to adDacent property Sneads Ferry had
approx 1/4 inch of rain last evening and not only did it not absorb
into the ground it ran to my property
Ms Lewis i would suggest you set up a meeting with all interested
parties to fix this problem and find some common ground for us all to
live in I have put up with this problem for over 2 years with the
hopes this basin would help, it has not
Should you choose to ignore this ongoing problem i will be forced to
bring legal action against all parties z feel has a responsibility in
this matter
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2 of 2 5/16/2005 1 11 PM

Shark Bioretintion Basin
t
Subject. Shark Bioretintion Basin
From' myrtlewearmc@aol com
Date Mon, 16 May 2005 14 27 52 EDT
To' linda lewis@ncmall net
CC' walton8@bellsouth net
Dear Linda,
We appreciate all the time and effort you have invested in helping us resolve the
challenges we have been facing with The Basin in the Shark As you are well aware
we have been doing our best to comply with North Carolina State rules and
requirement and satisfy all the parties involved and definitely Mr Lanier
Furthermore, we have hired Mark Walton engineers to follow up and supervise with
the completion of this ongoing project, he has assured us that this project will be
completed ASAP and to everyone satisfaction and to avoid any other challenges that
may occur now and in the future
Unfortunately, it seems that Mr Lanier is not satisfy no matter what or how hard we
try to comply with his requests We have spent a lot of money to fix this over
$87,000 00 for the Basin and $12,000 00 for architects/designers that we had to take
a special loan for it which put a burden on our business And yet Mr Lanier is
still threatening to bring legal action against all the involved parties We feel that he
is giving us hard time for other personal reasons, how can he claim that we are
ignoring the problem when we have hired the best Architect and best construction
company, and everyone is doing their best to resolve this matter and complying with
all the laws and regulations
We are positive that Mr Lanier can see there is construction going on and that we
have spent many of our resources to resolve this ongoing problem
As a small business owner 1 feel that Mr Lanier is harassing and discriminating
against me and my business for no apparent reason, and made it clear in his
statements that "he is going to cause Hazy Ella all the trouble he can" this was
heard by Mark Walton and Mark Mitchell two reputable businessman, that kind of
statement does not show any business etiquette
We hope that we can all resolve this challenge to satisfy all parties involved
Thank you for all your understanding
Hazy Ella
1 of 1 5/16/2005 2 45 FM

Shark Attack Sneads Ferry
Subject: Shark Attack Sneads Ferry
From: "Mark Walton" <walton8@bellsouth nets
Date: Tue, 22 Mar 2005 10 09 52 -0500
To: "Linda Lewis" <Linda Lewis@ncmail nets
Linda,
I am concerned that we may not be able to complete construction of the Stormwater System at the
Shark Attack by the permit deadline (April 27 ) I am certain that construction will be under way before
the deadline unless something unexpected happens
Hazy retained us (shortly after the permit was issued) to coordinate bidding and construction We are
not dragging our feet, but we have had trouble finding contractors to bid on the job We now have one
quote and the other quote has been promised by the middle of this week
In the bidding process, we have discovered that two of the iron pipe property corners have been
removed We are having those corners replaced this week by a land surveyor The corners are crucial
for proper installation of the stormwater system Also, one of the contractors has raised concerns about
utilities in the location of the bioretent+on area in the southwest corner of the property where no utilities
were shown on the property survey The utility locators are on -site as I am writing this e-mail We will
know if we have a problem with utilities by the end of this week
We are trying to get construction started on the project ASAP, but again, I am concerned about not
getting finished by the deadline
Mr Elia and I both want to get this project done without causing additional problems with DENR I am
trying to establish a good working relationship with Mr Elia and he has told me he wants me to do future
work for him in this area This will hopefully prevent future regulatory problems
What can we do to avoid problems if we see we aren't going to be done by the deadline? Can we file for
a short extension?
Please let me know Meantime, I will try to get finished before the deadline
Thanks,
Mark
1 of 1 3/22/2005 11 53 AM

Re Sharks Bioretintion Basin
Subject: Re Sharks Bioretintion Basin
From: Linda Lewis <linda lewis@ncmail net>
Date: Fri, 13 May 2005 15 16 16 -0400
To: rudy lanier <rudylaruer@yahoo com>
CC: Mark Walton <walton8@bellsouth net>
Mr Lanier
The permit we issued links the 2 larger basins together via a pipe with a single
discharge point, and a separate discharge for the third basin, but both discharges
are into the right-of-way of Highway 210 The Division did not approve or permit
any overflows or discharges from the basins to be directed toward your property I
will have our inspector take a look at the project and get back to you if we see
any deviations from the permitted condition
Linda
rudy lancer wrote
Ms Lewis,
I have just got off the phone with Mr Mark Walton the engineer for the Sharks
Property in Sneads Ferry although he hung up on me before 1 finished my
conversation i will tell you the jest of it
The basin Mr Walton has designed for the property on the back side of the
building has an overflow directed to my property Unbelievable the state could
or would knowingly approve a design that would intentionally cause harm to
adjacent property Sneads Ferry had approx 1/4 inch of rain last evening and
not only did it not absorb into the ground it ran to my property
Ms Lewis i would suggest you set up a meeting with all interested parties
to fix this problem and find some common ground for us all to live in I have
put up with this problem for over 2 years with the hopes this basin would help,
it has not
Should you choose to ignore this ongoing problem i will be forced to bring legal
action against all parties i feel has a responsibility in this matter
------------------------------------------------------------------------
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1 of 1 5/13/2005 4 37 PM

*1e Permit /Shark Attack
t • t '
Subject: Re Permit /Shark Attack
From• Linda Lewis <linda Lewis@ncmatl net>
Date: Wed, 16 Mar 2005 08 29 14 -0500
To• rudy lancer <rudylanier@yahoo com>
Mr Lanier
The vegetated filter is a 30' grassed area that the outflow from the broretention
basins must flow through before being discharged It does not surround the basin as
a buffer zone The system works as follows The first 1 5" of runoff enters the
basin by sheet flowing off the parking lots or by collection in a piped system
When the basin has reached its design capacity, any runoff in excess of the first
1 5" is diverted away from the basin via a bypass structure, and enters a 30'
vegetated filter prior to entering the Highway 210 road ditch Remember, this is a
water quality facility, not a flood control device, although some control of the
runoff does occur
A drainage area is defined as that area that drains to a single point In this
case, there are 3 separate basins, and those numbers represent the amount of
built -upon area that drains to the proposed system The State does not require that
runoff from landscaped areas be treated The volume of runoff that each basin can
hold is listed in item 16(g)
The permit requires that a designers certification be submitted, despite the fact
that the building is already up and occupied Technically, they are already in
violation of the permit, however, the permit was issued after the fact
I have been on site once, however, until the bio-retention basins are constructed,
there really isn't much to see They will be making modifications to the existing
site to control runoff and direct it into one of the three basins
You are more than welcome to view the file Please call my administrative
assistant, Ms Shaun Simpson at 910-395-3900 to schedule a time Pleae tell her you
want to review file SWB 030432, Shark Attack We currently do not have the ability
to copy plans here in the office, however, Shaun can accompany you to the local
Alpha Graphics store where a copy of the approved plans can be made at your
expense Please let Shaun know that you want to go to Alpha Graphics to copy the
plans at the time you schedule the file review so she can schedule enough time
Linda
rudy lamer wrote
Ms Lewis,
I have some questions as to the feasibility of the permit as i am reading it I
would appreciate if you would be so kind to clarifiy some parts of the permit
1) Page 3 -- Design Standards, Each basin must be operated with a 30' vegetated
filter
Question Does this filter extend all the way around the basin as a buffer?
2)Page 4 --- Basin # 1 2 3 a Drainage acres, acres 0 46 0 35 0 114
Question Do these numbers represent the total drainage area in acres
specified for the bio-drainage basins holding capacity?
3) Page 7--- Item # 6 Upon completion, PRIOR to issuance of a CO
Question Is this a moot point?
Have you or any one from NCDEHNR been on site to review the plans as they were
submitted"
May i review the plans in Wilmington at the DEHNR office? Could i possibly
get a copy of the plans
of 2 3/16/2005 9 00 AM

Re Permit /Shark Attack
Regards
Rudy J Lanier
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2 of 2 3/16/2005 9 00 AM

Re Property Sharks, Sneads Ferry
Subject Re Property Sharks, Sneads Ferry
From Linda Lewis <Linda Lewis@ncmail net>
Date Tue, 04 Jan 2005 11 44 28 -0500
To rudy lancer <rudylan]er@yahoo com>
Mr Lanier
Thank you for letting me know of your intentions I cannot force the consultant to speed up his/her permit
application submittals To a point, I am at the mercy of the consultant's schedule Not to make excuses, but
the Division had been understaffed for over a year until yesterday, when two new engineers started work I was
doing two jobs, and was not able to respond as quickly to permit applications as I would have liked This
particular application had many errors in it which in combination with our staffing problems resulted in the
extended review time We want to make sure that we get a system that will work and that will not cause you
further harm
I hope you can be patient with us lust a bit longer while we finalize the details of this application Thank
you
Linda
rudy lancer wrote
Ms Lewis,
I will get right to the point] On November 06 you informed me that your office was very Close to issueing a
permit to the Sharks property owners and construction would be starting soon
Nearly 60 days later you inform me of problems with plantings and the permit has yet to be issued And
have no idea of any fines being paid
I have run out of patience with the Wilmington office not addressing this problem in a timely manner only
causing more damage to my property I do realize this is probably not high on the priority list as it is not
in your backyard but it is in mine, Mr Hazze has been allowed by the state of North Carolina to operate in
violation of storm -water laws for over 2 years and purposely direct his storm -water to my property and cause
damage
I had hoped this could have been handled on a local level but it has not i will now go to Raleigh and seek
the relief that i believe i am due
Regards,
Rudy J Lanier
*/Linda Lewis <Linda Lowis@ncmail net>/* wrote
Mr Lanier
I hope you had a nice Holiday Season and a Happy New Year I have not
issued the permit for this protect yet There were some planting
problems that came up I do not know if any noncompliance fines have
been paid
Linda
rudy lanier wrote
> As of this date nothing has happened Has the permit been
issued,and
> what is the required completion date? Has any of his noncompliance
> fines been paid?
> Merry Christmas Rudy Lanier
> */Linda Lewis /* wrote
> Mr Lanier
>
> It has been a long review process but I am almost ready to issue a
> permit for the site It should not be too much longer and you will
> see
> construction start up probably in the off-season Hopefully, this
> will
> eliminate or reduce your' flooding problem
> Linda
>
> rudy lanier wrote
>
> > Ms Lewis
> > Its been a while since 1 have contacted you as to the status
of the
> > owners of the Sharks property storm water runoff plan, as im
> sure you
> > are aware they have yet to move in any possitive way to relieve my
> > problem as adjacent property owner
> > I put the property up for sale and have had a lot of intrest but
> > everyone backs away because of the stormwater issue
1 of 2 1/4/2005 11 44 AM

Re Property Sharks, Sneads Ferry
> > Is anything being done at this point, or is he still "dareing"
> anyone
> > to act on his blatant dis' regard for what seems to be
> un-enforceable laws
> > I guess my next step would be to retain an attorney spend money
> to do
> > what 1 feel is the states responsibility to follow the law and
> require
> > Mr Elias to control his stormwater
> >
> > What do you suggest?
> > Regards,
> > Rudy J Lanier
> >
> >
------------------------------------------------------------------------
> > Do you Yahool?
> > Check out the new YahooP Front Page www yahoo com
>
>
»_'-------------------------------`------------`------------------------
> Do you Yahoo!?
> Yahoo' Mail - 250MB free storage Do more Manage less
>
------------------------------------------------------------------------
Do you Yahoo?
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- You care about security So de we
2 of 2 1/4/2005 1144 AM

Shark Attack Project
Subject. Shark Attack Project
From. SharkAttackRW@aol com
Date Thu, 17 Mar 2005 13 47 39 EST
To- Irnda lewis@ncmail net
Linda,
We have been making every effort to find someone to complete the storm water project
We were quoted a price of $81,000 to do the job and I am forced to try and find a better
price
We have given the plans to a few other companies and are awaiting response It is a very
complicated project and we are trying to find someone capable of completing it without
problems I am truly putting all my efforts into completing this project as soon as possible
Sincerely,
Hazy Elia
I of 1 3/17/2005 2 27 PM

Read Approaching deadline for Sharks]
i
Subject: Read Approaching deadline for Sharks]
From: "Mark Walton" <walton8@bellsouth net>
Date: Wed, 16 Mar 2005 10 38 56 -0500
To: "Linda Lewis" <lmda lewis@ncmail net>
This is a receipt for the mail you sent to
"Hazy Elia" <SharkAttackRW@aol comma, "Mark Walton" <walton8@bellsouth nets at
3/16/2005 8 30 AM
This receipt verifies that the message has been displayed on the recipient's
computer at 3/16/2005 10 38 AM
Final -Recipient rfc822,linda lewis@ncmail net
Original. -Message -ID <423834F0 30502@ncmail nets
Disposition manual.-action/MDT-sent-manually, displayed
— - ---------------- ---- -----------..v— —
Content -Type: message/disposition-notification
� Part 1.2
i
Content -Encoding: 7bit
1 of 1 3/16/2005 12 11 PM

Re Approaching deadline for Sharks
w I i
Subject: Re Approaching deadline for Sharks
From: "Mark Walton" <walton8@bellsouth net>
Date: Wed, 16 Mar 2005 10 48 25 -0500
To: "Linda Lewis" <linda lewis@ncmail net>
CC: "Hazy Elia" <myrtleweannc@aol com>
Linda,
We have been working on finding a contractor since the permit was issued
We started by trying to find someone who has done a bioretention system and
who would work in the Sneads Ferry area We weren't successful, but we have
gotten a price from one contractor and are expecting a price from another
one any day now
Hazy has retained me to coordinate and manage the bidding and construction
Hopefully the contract will be let by early next week
Thanks,
Mark
----- Original Message -----
From "Linda Lewas" <linda lewis@ncmail net>
To "Hazy Elia" <SharkAttackRWpaol com>
Sent Monday, March 14, 2005 2 27 PM
Subject Approaching deadline for Sharks
Mr Elia
Just a note to remind you that your permit requires construction of the
stormwater system at the Sneads Ferry store to be complete by April 27,
2005 Please let me know the status of construction ASAP I was in
Sneads Ferry this past weekend and did not see anything going on
Linda
1 of 1 3/16/2005 12 11 PM

&8b 3045Z
AvvrvAc*
,was ��.x ��,.;; �,«�. � w • �°'
March 23, 2005
Linda Lewis
NC DENR Stormwater Section
127 Cardinal Drive Extension
Wilmington, NC, 28405
Re Shark Attack, Sneads Ferry, NC
Dear Linda,
I am concerned that we may not be able to complete construction of the Stormwater System at the Shark
Attack by the permit deadline (April 27 ) I am certain that construction will be under way before the
deadline unless something unexpected happens
I retained Walton Engineering (shortly after the permit was issued) to coordinate bidding and construction
We are not dragging our feet, but we have had trouble finding contractors to bid on the job We started
out looking for contractors with experience in building bioretention systems Walton
Engineering consulted Bill Hunt of North Carolina State University on February 5, 2005 and he replied on
February 7 with a list of three contractors with such experience However, none of the contractors he
referred would work in this area Mr Hunt also suggested contacting David Mayes with the city of
Wilmington since they have constructed bioretention systems Walton Engineering contacted Mr Mayes
but Mr Mayes said the city of Wilmington did not use contractors to build their bioretention systems
Therefore, we began searching for contractors willing to bid on the work We contacted a number of
contractors who would not bid on the work for various reasons We did recently suceed in getting two
contractors to bid on the work The contractors are Jeff Edens of Holly Ridge and Curtis Guyton of Rocky
Point Mr Edens has given us a price and Mr Guyton has promised to give us a price by March
23, 2005 We expect to sign a contract early next week Prices range from $35,000 to $81,000 which
concerns us a bit We were unable to get price quotes prior to aproval of the plans because noone could
bid acurately on unaproved plans
In the bidding process, we have discovered that two of the iron pipe property corners have been
removed We are having those corners replaced this week by a land surveyor The corners are crucial
for proper installation of the stormwater system Also, one of the contractors has raised concerns about
utilities in the location of the bioretention area in the southwest corner of the property where no utilities
were shown on the property survey The utility locators were on -site March 23, 2005 We will know if we
have a problem with utilities by the end of this week
We are trying to get construction started on the protect ASAP, but again, I am concerned about not getting
finished by the deadline I want to get this protect done without causing additional problems with DENR I am
working with Walton Engineering to expedite this protect and to avoid future problems 1 am asking to have the
deadline for completion of construction extended to May 27, 2005 as a precaution We apologise for the
delayand want more than anyone to complete this protect
Sincerely,
Hazy Elia
1295 Highway 210. Sneads Ferry, NC 28460
Tel: [phone] Fax: [phone]

State Stormwater Management Systems
Permit No SW8 030432
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
STATE STORMWATER MANAGEMENT PERMIT
HIGH DENSITY DEVELOPMENT
In accordance with the provisions of Article 21 of Chapter 143, General Statutes of
North Carolina as amended, and other applicable Laws, Rules, and Regulations
PERMISSION IS HEREBY GRANTED TO
Hazy Eha
Shark Attack
Corner of NC 210 & NCSR 1518, Sneads Ferry, Onslow County
FOR THE
construction, operation and maintenance of three bio-retention basins in compliance
with the provisions of 15A NCAC 2H 1000 (hereafter referred to as the "stormwater
rules') and the approved stormwater management plans and specifications 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 January 27, 2015, and
shall be subject to the following specified conditions and limitations
I. DESIGN STANDARDS
1 This permit is effective 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 coptrols numl�er 1, 2 and 3 have been designed to handle the runoff
from 20,053 ft , 15,171 ft and 4,979 112 of impervious area, respectively Each
basin must be operated with a 30' vegetated filter
3 The tract will be limited to the amount of built -upon area indicated in Section II 6
on page 3 of this permit, and per the approved plans
4 All stormwater collection and treatment systems must be located in either
dedicated common areas or recorded easements The final plats for the project
will be recorded showing all such required easements, in accordance with the
approved plans
5 The runoff from all built -upon area within the permitted drainage area of this
project must be directed into the permitted stormwater control system
Page 2 of 7

jp 9
State Stormwater Management Systems
Permit No SW8 030432
6 The following design criteria have been provided in the bio-retention basins and
must
be maintained at design condition
Basin #
1
2
3
a
DrainaArea,
gnsite,
046
035
0 114
Acres
ft
20,053
15,171
4,979
Offsite, ft2
0
0
0
b
Total Impervious Surfaces, ft2
20,053
15,171
4,979
c
Pond Depth, feet
13"
13"
13"
d
TSS removal efficiency
90%
90%
90%
e
Bottom Elevation, FMSL
1572
1572
1572
f
Bottom Surface Area, ft2
2,946
466
51
g
Permitted Storage Volume, ft3
3,898
719
153
h
Temporary Storage Elevation, FMSL
168
168
168
1
Controlling Orifice
bypass at
16 8 to vegetated filter
Minimum number of plants
98
20
5
Trees
32
7
2
Shrubs
66
14
4
k
Receiving Stream/River Basin
Mill Creek
1 Cape fear
I
Stream Index Number
CPF24 18-87-14
m
Classification of Water Body
"SA"
it SCHEDULE OF COMPLIANCE
1 The stormwater management system shall be constructed, vegetated, and
operational for its intended use within 90 days of the issue date of this permit
2 During construction, erosion shall be kept to a minimum and any eroded areas of
the system will be repaired immediately
3 The permittee shall at all times provide the operation and maintenance
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, revegetation and remulching of the bioretention basins and the
vegetated filter
d Immediate repair of eroded areas
e Maintenance of all slopes in accordance with approved plans and
specifications
f Debris removal and unclogging of the basins and piping
g Access to the basins must be available at all times
Page 3 of 7

State Stormwater Management Systems
Permit No SW8 030432
4 Records of maintenance activities must be kept and made available upon
request to authorized personnel of DWO The records will indicate the date,
activity, name of person performing the work and what actions were taken
5 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
6 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 A
modification may be required for those deviations
7 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
8 Access to the stormwater facilities shall be maintained via appropriate
easements at all times
9 The permittee shall submit to the Director and shall have received approval for
revised plans, specifications, and calculations prior to construction, for any
modification to the approved plans, including, but not limited to, those listed
below
a Any revision to any item shown on the approved plans, including the
stormwater management measures, built -upon area, details, etc
b Project name change
c Transfer of ownership
d Redesign or addition to the approved amount of built -upon area or to the
drainage area
e Further subdivision, acquisition, lease or sale of all or part of the project
area The project area is defined as all property owned by the permittee,
for which Sedimentation and Erosion Control Plan approval or a CAMA
Ma)or permit was sought
f Filling in, altering, or piping of any vegetative conveyance shown on the
approved plan
10 The permittee shall submit final site layout and grading plans for any permitted
future areas shown on the approved plans, prior to construction
11 A copy of the approved plans and specifications shall be maintained on file by
the Permittee for a minimum of ten years from the date of the completion of
construction
12 The Director may notify the permittee when the permitted site does not meet one
or more of the minimum requirements of 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 minimum requirements The permittee
shall provide copies of revised plans and certification in writing to the Director
that the changes have been made
Page 4of7

State Stormwater Management Systems
Permit No SW8 030432
III. GENERAL CONDITIONS
This permit is not transferable except after notice to and approval by the Director
In the event of a change of ownership, or a name change, the permittee must
submit a formal permit transfer request to the Division of Water Quality,
accompanied by a completed name/ownership change form, 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 The permittee is responsible for compliance with all permit
conditions until such time as the Division approves the transfer request
2 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
3 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) having jurisdiction
4 In the event that the facilities fail to perform satisfactorily, including the creation
of nuisance conditions, the Permittee 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 during normal
business hours for the pur ose of inspecting all components of the permitted
stormwater management facility
6 The permit may be modified, revoked and reissued or terminated for cause The
filing of a request for a permit modification, revocation and reissuance or
termination does not stay any permit condition
7 Unless specified elsewhere, permanent seeding requirements for the stormwater
control must follow the guidelines established in the North Carolina Erosion and
Sediment Control Planning and Design Manual
8 Approved plans and specifications for this project are incorporated by reference
and are enforceable parts of the permit
9 The permittee shall notify the Division any name, ownership or mailing address
changes within 30 days
Permit issued this the 27th day of January 2005
NO H CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
-eAlan W Klimek, P irector
t Division of Water Quality
By Authority of the Environmental Management Commission
Page 5 of 7

WALTON ENCTINEERING
January 25, 2005
Ms Linda Lewis
NC DENR Division of Water Quality
127 Cardinal Drive Extension
Wilmington, NC 28403
Re Stormwater Management Permit Revisions, Shark Attack,
Project No SW8 030432
Dear Ms Lewis,
Enclosed are the Stormwater Management Permit plan revisions and two copies of the plans
for the Shark Attack store in Sneads Ferry, as per your comments in an email received
January 24, 2005 The comments were addressed as follows
In BR2, the planting ratio has been revised to show a 2 1 ratio, with 7 trees and 14 shrubs
2 In BR3, the "drainage area" has been revised, indicating the correct "drainage area" to be
233 sq ft The plan now shows the required stems being 5, and the 2 1 ratio, with 2 trees
and 4 shrubs
If you have any questions, please contact me at 910-259-4800
Sincerely, �
Jason L Williams
RECEIVED
JAN 2 6 2005
BY:
Tel [phone] Box 895,13urgaw, North Carolina, 28425 Fax [phone]

SW8 030432 Shark Attack
Subject: SW8 030432 Shark Attack
From: Linda Lewis <Linda Lewis@ncmail nets
Date. Mon, 24 Jan 2005 15 33 17 -0500
To- Mark Walton <walton8@bel I south nets
CC: Hazy Elia <SharkAttackRW@aol comma
Dear Mark
The number of proposed plantings in bioretention areas 2 and 3 still does not meet
the 2-3 shrubs for every tree rule
In BR2, for example, the total required stems is 20 You specify 7 trees, but only
13 shrubs At a 2 1 ratio, the minimum number of shrubs is 7x2=14, not 13 The 20
stems is only a minimum -if you need to provide a few more to get the ratio, it's
OK However, it is also perfectly acceptable to reduce the number of trees to 6 and
increase the shrubs to 14
In BR3, you say that the "drainage area" is 280 square feet I believe you meant to
say the bioretention "surface area" is 280 However, I'm not sure where the 280
comes from because the calculations use areas of 51 and 233 to calculate volume So
the area is at most 233, or maybe an average of 142, but not 280 This reduces the
minimum number of stems to 5, but again, it is perfectly OK to have 2 trees and 4
shrubs, but not 1 tree and 4 shrubs
Please revise the planting plans for Basins 2 & 3 and submit 2 copies of each All
other items have been addressed The permit has been drafted and upon receipt of
correct, revised plans, I
am prepared to issue the permit
Linda
1 of 1 1/24/2005 3 33 PM

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r
INFILTRATION BASIN DESIGN - Total Drainage Area
Pro)ect Name Shark Attack Date 07/01 /04
Calculated By JLW
Drainage Area = 092 acres
Impervious Area = 092 acres
Percent Impervious, I = 100 0% %
Soils Report
Soil Type sand
Infiltration Rate 05 in/hr
Infiltration Rate 004 c f /hour/s f
SHV T Elevation 1
Required Volume
Design Storm 15 Inches
Rv Value 095 = 05 + ,0090)
Volume Required 4,759 c f
Volume Provided
Choose Storage Depth =
Storage Elevation =
Bottom Elevation =
Surface Area @ Storage =
Surface Area @ Bottom =
Volume Provided =
NIA
NIA
NIA
NIA
NIA
4,802
Feet
Feet
Feet
sf
sf
cf
Drawdown Time = I #VALUEi hours
RECEIVED
AUG 0 3 2004
nwq
Pxoa #

Bare
Runoff Calculations (Culverts)
Project Shark Attack
Date 7/14/2004
Culvert No
Drainage Area I D
Drainage Area (Total, s f )
Drainage_ Area(Total, ac )
)ralna a Area Breakdown
on I Runoff Coefficient
Sidewalks
Roofs
Packed Gravel
02
085
0 85
085
Runoff Coefficient, Total Drainage Area
Height of Most Remote Point Above Outlet (ft)
Maximum Length of Travel (ft)
Tc (min)
Rainfall Intensity (in/hr)
Peak Runoff (cfs)
Design Storm (yr) 25
1
2
3
4
3
2
3
4
4,979
15,171
0
0
0 11
035
000
000
Area
s f )
Area
(sf)
Area
(sf]
Area
(sf)
21943
11,417
0
0
0
0
0
0
1,457
3,754
0
0
0
0
0
0
0
0
0
0
0 751
0 850
#DIV101
#DIV/01
135
108
0
0
182
139
0
0
29
2
0
0
8
8
0
0
069
237
#DIV/01
#DIV/01

Gravity Pipe Sizing (Mannings) Level Pipe
Project Shark Attack
Date 7/14/2004
(1) BARREL DESIGN_
Governing Function
Rearranging Yields
Also
Substituting and Reducing Yields
Outlet/ID Culvert #1
Designed By Jason Williams
Qp = a(2gH)051(1+ Km + KpL)05 = max discharge from pipe, cfs
a = Q(1+ Km + KpL)o 5/(2gH)o 5
a = (n/4)d2
d = [Q(1 + Km + KpL)0 5/(7/4)(2gH)0 5]0 5
where Qp =
g =
H =
Km =
Kp =
L =
069
= max discharge from pipe, cfs
= acceleration of gravity, ft/sec42
= elevation head differential, ft
= coefficient/sum of minor losses, usually 1
= pipe fnction coefficient
= pipe length, ft
322
1 083
1
002
190
do = [Q(1+ Km + KpL)0 51(7/4)(2gH)o 51" 5 = 6 0 = calculated minimum pipe diameter, inches
d = fi = specified pipe diameter, inches

Gravity Pipe Sizing (Mannings) Level Pipe
Project Shark Attack
Date 7/14/2004
(1) BARREL DESIGN
Governing Function
Rearranging Yields
Also
Substituting and Reducing Yields
Outlet/ID Culvert #2
Designed By Jason Williams
Qp = a(2gH)05/(1+ Km + KpL)() = max discharge from pipe, cfs
a = 0(1+ Km + KpL)05/(2gH)05
a= (7d4)d2
d = [Q(1 + Km + KpL)° 5/(7d4)(2gH)0
where Op =
g =
H =
Km =
Kp =
L =
059
= max discharge from pipe, cfs
= acceleration of gravity, ft/sec"2
= elevation head differential, ft
= coefficient/sum of minor losses, usually 1
= pipe friction coefficient
= pipe length, ft
322
1 083
1
002
139
do =10(1+ Km + KpL)05/(n14)(29H)05)05 = 5 3 = calculated minimum pipe diameter, inches
d = 6 = specified pipe diameter, inches
NOTE The Max Discharge was calculated by distributing the flow into four, six inch (6") pipes

H (ft )
r,nn
17
tp
Z S M ,.J
Z DMIn
� I CIJLM?-T', I
Note
Use nomograph Tc for natural basins with well-defined channels, for overland
flow on bare earth, and for mowed -grass roadside channels
For overland flow, grassed surfaces, multiply Tc by 2
For overland flow, concrele or asphalt surfaces, multiply Tc by 4 4
For concrete channels, multiply Tc by D 2
Figure 8 03a Time of concentration of small drainage banns
8034

Appendtcev
8
9-11 ; )7 a11", Duration
Figure 8 03b Rainfar%,nicurves—Wilmington
{
C
i
i
01
5 10 20 40 60 2 3 4 6 8 12 t8 24
Minutes Hours
Duration
Figure 8 03c Rainfall intensity duration curves —Hatteras
803.5

WALTONENGINEERING
October 22, 2004
Ms Linda Lewis
NC DENR Division of Water Quality;
127 Cardinal Drive Extension
Wilmington, NC 28403 OCT 2 7 Z004
BY:
Re Stormwater Management Permit Revisions, Shark Attack,
Project No SW8 030432
Dear Ms Lewis,
Enclosed are the Stormwater Management Permit application revisions and two copies of the
plans and specifications for the Shark Attack store in Sneads Ferry, as per your comments in a
letter dated September 21, 2004 The comments were addressed as follows
1 The revised calculations have been signed, sealed and dated
2 Three original Operations and Maintenance plans for each Bio-Retention Basin have been
enclosed Each of these plans have been signed by Mr Elia, and notarized
3 A separate planting plan for each Bio-Retention Basin has been enclosed The shrub to
tree ratio has been calculated and each plant and it's location has been shown on the plan
4 The "by-pass" for each Bio-Retention Basin has been modified so that the stormwater will
by-pass the system once it reaches an elevation of 16 8' The stormwater flow enters
Banns 1 and 2 via sheet -flow over the grass buffer The stormwater for Basin 3 will enter
via corrugated pipe from a proposed trench drain (See Figure 3)
5 The reason to connect the bio-retention areas is to have each basin rise and fall together
This was an oversight to have the bottom of Basin 3 higher than that of the other basins
The basin elevations have been modified so that the bottom of Basin 3 is at the same
bottom elevations as Basin i and 2
6 Ductile iron pipe has been specified for the connector pipes, connecting Basin 1 to Basin
2, in the areas where the pipes run beneath the existing drive Ductile iron was specified
due to not being able to bury the pipe deep enough for continuous flow of stormwater
7 The Bio-Retention details have been relabeled
Tel [phone] PO Box 895, Burgaw, North Carohna, 28425 Fax [phone]

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8 A specific planting plan for each Bio-Retention basin has been enclosed The plants used
and the locations they are to be planted in the bio-retention areas were developed in close
coordination with Charlotte Glen of the New Hanover County Agriculture Extension
Service and Bill Hunt of North Carolina State University
9 Each planting plan has specified the herbaceous groundcover and mulch to be used
Some other changes to the enclosed plans that need to be brought to your attention are as
follows
- The small area first proposed in Bio-Retention Area 3 has been removed from the plans
Once the revised calculations were performed, I found this area not to be needed (See
enclosed calculations) This area will remain a landscaped area as it is at the present
Bio-Retention Basin 3 has been lowered to be at the same bottom elevation as the other
bio-retentton areas This will make the basin deeper, however, it will never fill completely
up It will by-pass, via by-pass mechanism, at the elevation specified on the enclosed plan
(16 8')
If you have any questions, please contact me at 910-259-4800
Sincerely,
�v
Jason L Williams
Tel 910-259A800 PO Box 895, Burgaw, North Carohna, 28425 Fax [phone]

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Michael F Easley Governor
William G Ross Jr, Secretary
North Carolina Department of Environment and Natural Resources
Alan W Klimek, P E Director
Division of Water Quality
September 21, 2004
Mr Mark Walton, P E
Walton Engineering
PO Box 895
Burgaw, NC 28425
Subject: Request for Additional Information
Stormwater Project No. SW8 030432
Shark Attack
Onslow County
Dear Mr Walton
The Wilmington Regional Office received previously requested information for the Stormwater
Management Permit Application for Shark Attack on August 3, 2004 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 seal, sign and date the revised calculations
2 Please have Mr Ella sign and notarize three Operation and Maintenance plans, one
for each proposed brio -retention basin, since he will be the permittee, not you My
last letter -was written to Mr Elia and copied to you My intent was that Mr Ella sign
the O & M's, not you Do not photocopy the signature Only originals can be
submitted
1A
3 The shrub to tree ratio is low In Basin 1, for example, with a total of 98 stems, a 2 1
ratio is 32 trees You would need a minimum of 66 shrubs, but only 65 are proposed
I would divide the total stems by 3 and by 4 to get the range, and then pick a number
in between The number of trees for Basin 1 is between 25 and 32 You want a
minimum of 2 shrubs per tree in each basin and no less
4 Please describe how the proposed "bypass" for Basins 1 and 3 works You have
multiple inlets for these basins, which makes an offirne bypass impossible Runoff is
supposed to flow into the bio-retention basin through a single inlet
5 If the reason to connect the bio-retention areas to each other with runs of 6"
corrugated polyethylene drain pipe is to have all three systems rise and fall together,
you will need to have all three bio-retention basins at the same bottom and bypass
elevations With #3 higher, it will never fill up completely before overflowing to the
other basins and being bypassed
6 Please either specify ductile iron connector pipe or bury the polyethylene connector
pipe with,the recommended amount of cover to keep it from breaking under the
weight ofithe cars If you choose to delete the piping, please provide a bypass for
each basin and revise the application and calculations to calculate the area and
volume for each basin separately
!North Carolina Division of Water duality 127 Cardinal Drive Extension
Wilmington Regional office Wilmington, NC 28405 3845
An Equal Opportunity/Affirmative Acton Employer— 50% Recyded110% Post Consumer Paper
Phone [phone]DO Customer Seance 1-877-623-6748
FAX [phone] Internet h2o enr state nc us ne
NofhCarolma
Natura!!y

s
Mr Walton
September 21, 2004
Stormwater Application No SW8 030432
7 You are shoaling 3 bio-retention details, however two of them are labeled as
Detail #2 One of them needs to be relabeled for #3
8 You have calculated the required number of stems per bio-retention basin As
previously requested, please provide a specific planting plan for each bio-
retention basin, prepared by a NC licensed professional The plan must
specify the number and name of each type of tree and shrub (a minimum of
three per basin) and where within each basin it will be planted
9 Please specify the herbaceous ground cover and mulch to be used in the bio-
retention basins
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 October
21, 2004, or the` application will be returned as incomplete The return of project will
necessitate resabmittal of all required items, including the application fee
If you need additional time to submit the information, please mad 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 143-2151 and
is subject to enforcement action pursuant to NCGS 143-215 6A
Please reference the State assigned project number on all correspondence Any
original documents that need to be revised have been sent to the engineer or agent All
original documents must be returned or new originals must be provided 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
SIWQSISTORMWATIADDINF0120041030432 sep04
cc
Hazy Elia
Linda Lewis
Page 2of2

o f NJArFR Michael F Easley, Governor
William G Ross Jr Secretary
North Carolina Department of Environment and Natural �esources
co
>�Alan W Klimek, P E ,Director
Division of Water Quality
Coleen H Sullins, Deputy Director
Division of Water Quality
June 23, 2004
Mr Hazy Elia
779 Commerce Place Road
Myrtle Beach, SC 29577
Subject: Request for Additional Information
Stormwater Project No. SW8 030432
Shark Attack
Onslow County
Dear Mr Ella
The Wilmington Regional Office received a Stormwater Management Permit Application
for Shark Attack on June 22, 2004 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 either delineate all wetlands on site, disturbed or undisturbed, or
note on the plans that none exist
2 Currently, the system provides storage for only 0 38" of runoff, or'/4 of the
design storm The rules require storage for the runoff from 1 5" of rain If
necessary, the depth of the bio-retention area may be increased to 9"-12"
to meet this requirement, or the area may have to be increased Please
provide calculations for each bio-retention area demonstrating that
sufficient volume has been provided
3 Please provide a planting plan prepared by a NC licensed professional,
which specifies the types and minimum number of plants Simply copying
the planting guideline tables and showing tree and shrub locations on the
plans is not sufficient
4 Please provide calculations of the minimum required number of plants,
and demonstrate that the ratio of shrubs to trees is between 2 1 and 3 1
Provide at least three tree species and three shrub species, specify the
minimum shrub spread or height, the minimum tree caliper, and the plant
spacing, per Section 4 12 of the bio-retention guidelines in the BMP
manual
5 Please provide a separate, signed Operation and Maintenance plan for
each bio-retention area, per the guidelines established in Table 4 7 in
Section 4 18 of the BMP manual
6 Please provide dimensions for the sidewalk and parking lot
N C Division of Water Quality 127 Cardinal Drive Extension [phone] Customer Service Atio
Wilmington Regional Office Wilmington, NC 28405 [phone] Fax [phone]

Mr Elia
June 23, 2004
Stormwater Application No SW8 030432
7 Bio-retention is similar to infiltration in that it is an offline system The
runoff in excess of the 1 5" design storm must bypass the system prior to
entering it Please demonstrate how you propose to bypass There are
examples of bypass mechanisms for parking lot bio-retention areas in the
BMP manual
8 The minimum width of the bio-retention area is 15', while 25' is preferred
Please provide this minimum width for Bio-retention area #1
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 July 23,
2004, 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 143-2151 and
is subject to enforcement action pursuant to NCGS 143-215 6A
Please reference the State assigned project number on all correspondence Any
original documents that need to be revised have been sent to the engineer or agent All
original documents must be returned or new originals must be provided Copies are not
acceptable If you have any questions concerning this matter please feel free to call me
at [phone]
Sincerely,
4�u ,
Linda Lewis
Environmental Engineer
RSSlarl S1WQSISTORMWATIADDINF0120041030432-2 jun04
cc Mark Walton, P E , Walton Engineering
Linda Lewis
Page 2 of 2

- ` WALTONE
N INEERIN�
July 30, 2004 RECEIVED
AUG 0 3 2004
By
Ms Linda Lewis 4-3�z'
NC DENR Division of Water Quality
127 Cardinal Drive Extension
Wilmington, NC 28403
Re Stormwater Management Permit Revisions, Shark Attack, Sneads Ferry
Dear Ms Lewis,
Enclosed are the Stormwater Management Permit application revisions and two copies of the
plans and specifications for the Shark Attack store in Sneads Ferry, as per your comments in a
letter dated June 23, 2004 The comments were addressed as follows
A note has been added to the revised plan stating that no wetlands exist on the subject
property
2 The volume calculations have been revised and are included, providing sufficient volume
for the 1 5" rainfall event
3 A planting plan has been included on the revised plan, prepared by a licensed
professional
4 Calculations for the minimum required plants have been included, as well as added to the
revised plan This also includes a ratio of 2 1, shrubs to trees, a list of atleast three species
of trees and shrubs suitable for the bioretention areas, and the sizes I met and consulted
Ms Charlotte Glen, a Urban Horticulture Agent for the New Hanover County Cooperative
Extension Service, for the shrub and tree species listed in the table on the plan She
suggested certain varieties of plants to use, based on the site -specific conditions
5 A separate, signed Operation and Maintenance plan has been included with this submittal
6 The dimensions for the sidewalk and parking lot have been added to the revised plan
7 The plan has been revised to show each bypass location for each bioretention area
Tel [phone]M PO Box 895, Burgaw, North Carolina., 28425 Fax [phone]

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8 The size of Bloretention area #1 has been revised on the enclosed plan
If you have any questions, please contact me at 910-259-4800
Sincerely, I
Jason L Williams
Tel [phone] PO Box 895, Burgaw, North Carolma, 28425 Fax [phone]

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,, Figure Project Richard hark Attack &Assoc Inc Title Existing iSite Layout w/JordT,
2 Stump Sound Township OnslowCo BuIIding,Parking Lot and i'f'ALTON ENGINEERING
North Carolina Drainclae
Date 06/02/04 Scale 1" = 40' Drawn by I DMP/JLW Project #- 200432

MEMORANDUM
DIVISION OF WATER QUALITY
TO Bob Sledge
FROM Gary Beecher
THROUGH Rick Shiver
DATE March 3, 2004
SUBJECT Notice of Continuing Violations
PROJECT NO SWS 030432
COUNTY Onslow
J
rz
l
Dear Bob
Attached please find the enforcement package for Shark Attack, with copies of appropriate
supporting documentation Please forward this to the Director for his consideration and
signature
Thank You
RSS/ghb S 1WQSISTORMWATIENFPACK1030432 Mar04
cc Gary Beecher
Central Files

STATE OF NORTH CAROLINA NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT
COUNTY OF PENDER AND NATURAL RESOURCES
File No WQ
IN THE MATTER OF )
Mr Hazy Ella }
Shark Attack
FOR CONTINUING VIOLATIONS OF
15A NCAC 2H 1003 CIVIL PENALTY ASSESSMENT
ENGAGING IN DEVELOPMENT ACTIVITIES WITHOUT
OBTAINING A STORMWATER MANAGEMENT PERMIT
Acting pursuant to North Carolina General Statutes (G S ) 143-215 6A, and by authority delegated
to me in accordance with G S 143B-282 1(f), I, Alan W Klimek, P E , Director of the Division of Water
Quality (DWQ), Department of Environment and Natural Resources (DENR), make the following
FINDINGS OF FACT
A Mr Hazy Ella, is an active "person" existing under the laws of the State of North
Carolina
B Mr Hazy Ella, has developed a commercial site located in Sneads Ferry, Onslow
County as a commercial site known as Shark Attack
C On May 6, 2003, a request for a stormwater permit application was sent via certified
marl to Mr Hazy Ella The certified mail was delivered and signed on May 9, 2003
D The site contains one large building and parking lot, which will result in an increase in
the amount of impervious surface at this site or otherwise decrease the infiltration of
precipitation into the soil
E Mr Hazy Ella, failed to receive a stormwater management permit prior to construction
of impervious surfaces
F As of February 13, 2004, Mr Hazy Ella has not responded to the initial violation
G Staff costs and expenses associated with detecting the violations, defining their nature
and extent, and bringing the enforcement action totaled $199 74

II
Based on the above Findings of Fact, I make the following
II CONCLUSIONS OF LAW
A Mr Hazy Elia is a "person" within the meaning of G S 143-215 6A pursuant to
G S 143-212(4)
B Onslow County is a coastal county as defined by 15A NCAC 2H 1002(4)
C Mr Hazy Elia, has engaged in development activity at this site, which requires a
Sedimentation Erosion Control Plan
D Mr Hazy Elia, violated 15A NCAC 2H 1003 by failing to secure a Stormwater
Management Permit for the project
F 15A NCAC 2H 1003 is a rule of the Environmental Management Commission
implementing Part I of Article 21 of the North Carolina General Statutes
G G S 143-215 6A(a)(6) provides that a civil penalty of not more than ten thousand
dollars per violation may be assessed against a person who violates a rule of the
Commission implementing Part I of Article 21 of the North Carolina General
Statues
H G S 143-215 3(a)(9) provides that the reasonable costs of any investigation,
inspection or momtonng survey may be assessed against a person who violates
any rules, standards, or limitations adopted by the Environmental Management
Commission or violates any terns or conditions of any permit issued pursuant to
G S 143-215 1, or special order or other document issued pursuant to G S 143-
215 2

Based on the above Findings of Fact and Conclusions of Law, I make the following
III DECISION
In determining the amount of the penalties, I have taken into account the Fmdmgs of Fact
and Conclusions of Law, and have considered each and every factor set out inG S 143B-
282 1
Accordingly, Mr Hazy Ella, is assessed a civil penalty of
for violating 15A NCAC 2H 1003 by failm� to obtain a
stormwater management permit from the Division for the
development of Waters Bay
$ TOTAL CIVIL PENALTY which is percent of the
maximum penalty authorized by G S 143-2 i 5 6A(a)
$ 199 74 Enforcement costs
$ TOTAL AMOUNT DUE
Alan W Klimek, P E Director
Division of Water Quality

DIVISION OF WATER QUALITY
ENFORCEMENT CASE ASSESSMENT FACTORS
Type File No. WQ
Violator Mr Hazy Elia Registered Agent:
Address 779 Commerce Place Address:
Myrtle Beach, SC 29577
Regional Office Wilmington
1 The degree and extent of harm to the natural resources of the State, to the public health,
or to pnvate property resulting from the violation Stormwater runoff from the high
density site is entering class 11SA11 surface waters without treatment, which will
potentially introduce sediment and pollutants into waters of the state.
2 The duration and gravity of the violation On Aril 25, 2003 the Division of Land
Quality issued a Notice of Violation for the disturbance of 1.5 acres at Shark Attack.
The Division of Water Quality sent a notice via certified mail, stating that a
Stormwater management permit application was required for Shark Attack. On
September 10, 2003, a SEC plan was approved for the disturbance of 1.5 acres. A
penalty assessment was sent out by DWQ on August 7, 2003. As of this date the fine
has not been paid, and a stormwater application has not been filed with the Division
of Water Quality. The store is fully functional and has been in operation since the
summer of 2003.
3 The effect on ground or surface water quantity or quality or on air quality Without
appropriately designed, permitted, and constructed stormwater management
measures, the effect on surface water quality may be to introduce sediment and
pollutants into surface waters. The receiving stream is classified as "SA" HQW.
4 The cost of rectifying the damage Unknown
5 The amount of money saved by noncompliance Those costs associated with the
preparation of the stormwater permit application package by an appropriate design
professional, and the construction of approved stormwater management measures.
6 Whether the violation was committed willfully or intentionally Land Quality
repeatedly warned Mr. Hazy that if more than an acre was disturbed he would need
to submit a stormwater application. As of this date a stormwater application has not
been received.
7 The prior record of the violator in complying or failing to comply with programs over
which the Environmental Management Commission has regulatory authority Unknown
8 The cost to the State of the enforcement procedures
Hours 3 hours @$25.78 = $77.34
Mileage 70 miles @$.32 = $22.4
Administrative Costs _ 100.00
Total
9 Type of violator and general nature of business (i a Individual vs large corporation)
The violator is a medium sized, commercial clothing and gift shop.
10 Violators degree of cooperation (including efforts to prevent or restore) or recalcitrance
There has been no cooperation on the part of Mr. Hazy Elia in this matter. The
store is fully functional and to this date the fine has not been paid, nor has Mr. Elia
contacted the Division of Water Quality regarding this matter.

I I Mitigating Circumstances NIA
12 Assessment Factors
a} IWC NIA
b Receiving Stream Mill Creek / Alligator Bay 1 "SA" HQW
c Stream Index Number 19-39-3
d SOC/JOC status/negotiations NIA
e} Copy of MP Screen NIA
0 Copy of Limits Page in Permit NIA
g) Damage NIA

1295 HIGHWAY 210
5NEA03 FERRY NC 28460
TEL: [phone] FAX, [phone]
June 10, 2004
Linda Lewis
Enviromental Engineer
N C Division of Water Quality
Wilmington Regional Office
127 Cardinal Drive Extension
Wilmington, NC 25405
Re Shark Attack Onslow County
DWQ Stormwater Project #SW$ 030432
Dear Linda Lewis
I was at the Shark Attack location this week to check the status of the above
noted project I observed them digging and was told that work was finally
progressing I will be back at the location in a few days to further observe the
site
Richard Jordan insisted to me that Walton Engineering submitted the application
and the application fee At 2 30pm today I finally spoke with Mark Walton of
Walton Engineering who informed me otherwise I was told that the application
was not submitted because he first needed to know the requirements before he
can draw the plans according to your specifications I was unaware that there
was no progress before Walton Engineering is doing everything possible to
complete the job quickly It is my understanding that Mr Walton is constantly
contacting you via e-mail with progress reports
I was told they took a sample of the soil and took it to their lab to see what
system needs to be implemented Walton engineering informed me they were
unaware of the deadlines we face They are working on the project as fast as
possible to satisfy every demand
I regret the fact that I am not very knowledgeable on this subject and often have
to go by the word of others as to what is being done with the project I

1295 HIGHWAY 210
6NRAD8 FERRY, NC 28460
TEL, [phone] FAX, [phone]
understand that I am the one responsible for this project but my lack of
expierience leaves me relying on the word of others I find myself caught in the
middle of a situation I should be on top of I would like to fully understand what
my current situation is I am requesting another meeting with you and Richard
Jordan so that I may verify all he says is true and accurate and that we may
further discuss all the remaining steps required
I truly appologise to you and to the state that this project is dragging on as it is
You have been very patient with us and we appreciate all you have done I am
working with all my power to try and rectify this situation Please know the
lack of professionalism you have seen from us in the past was not my intention
I am putting all my man power to satisfy your every request
Sincerely,
Hazy Ella

Re Shark Attack Resortwear
W
Subject: Re Shark Attack Resortwear
From: Linda Lewis <Linda Lewis@ncmail net>
Date: Thu, 10 Jun 2004 17 37 25 -0400
To: SharkAttackRW@aol cam
Mr Elia
I think your beef is with Richard Jordan, not with the State Rick and I will not
act as mediators between the two of you If you want the truth about the status of
the application, talk to me or Mark Walton If Mr Jordan said an application was
submitted, he is not being truthful with you Based on the fact that he thought he
had satistifed the stormwater permit requirements by obtaining Erosion Control
approval in September, 2003, despite my letters to the contrary, I'm still not
convinced he understands enough about the process to keep you properly informed
Regardless, it is ultimately your responsibility to see to it that the application
gets submitted, so you need to hire knowledgeable professionals who can make that
happen You'll have the decide for yourself if Mr Jordan is one of those people
I understand that you have to rely on the word of others at times, but you will
find that you have a better understanding of what's going on if you speak directly
to Mr Walton or me I can be reached via email if you have any concerns that I can
do something about
I understand that everyone is working hard to get this application together and
submitted, but the fact that Walton Engineering was not even engaged until the week
before the May 1, 2004, deadline is disturbing The deadline was extended until
June 3, 2004, and this too, passed without an application in hand While your lack
of understanding regarding stormwater permitting issues may be contributing to the
current situation, it's not a reasonable excuse And if the people you hire aren't
getting it done to your satisfaction, you need to find some who will Despite your
current efforts, it's just too little too late as far as enforcement is concerned
We have chosen to move forward Rick has indicated to me that he sees nothing to
meet about concerning the enforcement action for this project
You will be given the opportunity to respond to the enforcement in writing with an
explanation of your actions, which will be forwarded to the Director for his
consideration when determining the amount of the penalty It's in the hands of the
Commission at that point
The current status of the project is as follows
1 No application or fee has been submitted as of June 10, 2004
2 The site is not suitable for infiltration due to a large, deep clay layer The
digging you observed on site was to try to determine the extent of the clay layer
to see if it could be removed It is apparently very deep
3 I suggested using a bio-retention system which is a relatively small, shallow
system It combines infiltration, evapotranspiration, and biological uptake to
treat runoff The CVS store across the street was permitted prior to the rule
change which disallows wet ponds within 1/2 mile of SA Waters
4 A meeting to discuss the enforcement with Rick is not an option at the moment
Sincerely,
Linda
SharkAttackRW@aol cam wrote
Linda,
please see attached file re stormwater project for Shark Attack
1 of 1 6/10/2004 5 44 PM

Linda Lewis
Enviromental Engineer
N C Division of Water Quality
Wilmington Regional Office
127 Cardinal Drive Extension
Wilmington, NC 28405
Re Shark Attack Onslow County
DWQ Stormwater Project #SW8 030432
Dear Linda Lewis
I was recently informed by Richard Jordan that he and Walton engineering had a
meeting, at the Shark Attack site, with North Carolina State officials regarding
the above Stormwater project I was told the State officials went over all the
requirements and pointed out to both Mr Jordan and Mr Walton all that was
needed to complete the project Mr Jordan has told me that they have submitted
the required plans, application and the application fee
Since we have been given false information in the past I am requesting you
confirm the above information is true Also, that all work, plans, and
applications were done satisfactory
Sincerely
I-Iazy Elha

P 1
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FILE MODE
-
297 MEMORYTX
* * * COMMUNICATION RESULT REPORT ( JUN
OPTION
REASON FOR ERROR
E-1) HANG UP OR LINE FAIL
E-3) NO ANSWER
ADDRESS (GROUP
8-8436269813
M
7 2004 12 16PM )
TTI
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NCDENR WIRO
PAGE
•--------P - --
E-2) BUSY
E-4) NO FACSIMILE CONNECTION
Michael F Easley, Governor
William G. Ross Jr Secretary
North Carolina Department of Environment and Natural Xescurces
Alan W Klimek P E ,Director
+ Division of Water Quality
Coleen H, Sullins, Deputy Director
Division of Water Quallty
FAX OVER SHEET
Date: June 7, 2004 No. of Pages: 1
To: Mr. Hazy Elia From: Linda Lewis
Company: Shark Attack Water Quality Section - 5tormwater
FAX #: [phone] FAX # [phone]
Phone # [phone]
DWQ Stormwater Project Number: SW8 030432
Project Name: Shark Attack
MESSAGE:
Mr Elia:
Mr Jordan has not submitted any plans or the fee, or an application as of this date The
meeting at the site on Wednesday, .tune 2, 2004, revealed that the site was not suitable
for an infiltration system, An alternative stormwater management system must now be
designed and permitted,

wArF9
p7
Michael F Easley, Governor
William G Ross Jr Secretary
North Carolina Department of Environment and Natural 14esources
FAX COVER SHEET
Alan W Klimek P E ,Director
Division of'Water Quality
Coleen H Sullins, Deputy Director
Division of Water Quality
Date: June 7, 2004 No. of Pages: 1 -&J
To: Mr. Hazy Elia From: Linda Lewis
Company. Shark Attack Water Quality Section - Stormwater
FAX #: [phone] FAX # [phone]
Phone # [phone]
DWQ Stormwater Project Number: SW8 030432
Project Name. Shark Attack
MESSAGE:
Mr Ella
Mr Jordan has not submitted any plans or the fee, or an application as of this date The
meeting at the site on Wednesday, June 2, 2004, revealed that the site was not suitable
for an Infiltration system An alternative stormwater management system must now be
designed and permitted
According to my last conversation with Jason Williams of Walton Engineering, he is
going over the options and will discuss them with Mark Walton, and then contact me
me regarding the application
I don't know why Mr Jordan has told you that an application was submitted when it has
not been I think that Walton Engineering anticipated that the application would be
submitted last week, but the soils Investigation put a hold on that pending redesign of
the stormwater system due to the poor soils
RSSlarl S1WQSISTORMWATIADDINFO\20041030432 jun04
N C Division of Water Quality
Wilmington Regional office
127 Cardinal Drive Extension
Wilmington, NC 28405
[phone] Customer Service
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1295 HICHUM Zye
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June 4, 2004
Linda Lewis
Enviromental Engineer
N C Division of Water Quality
Wilmington Regional Office
127 Cardinal Drive Extension
Wilmington, NC 28405
Re - Shark Attack Onslow County
DWQ Stormwater Project #SW8 030432
Dear Linda Lewis
I was recently informed by Richard Jordan that he and Walton engineering had a
meeting, at the Shark Attack site, with North Carolina State officials regarding
the above Stormwater project, f was told the State officials went over all the
requirements and pointed out to both Mr Jordan and Mr Walton all that was
needed to complete the project. Mr Jordan has told me that thev have suhmillp(i
the rcciuired plans, application and the application fee
Since we have been given false information in the past I am requesting you
confirm the above information is true Also, Ihni all wnrk glans, and
applications were done satisfactory
Sincerely,
Hazy Elia
ZO 39Vd MV3M 31idAW EZ869Z9EVB BZ 5T b69Z/0e/99

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1295 Highway 210
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Bill to:
779 Commerce Place
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Tel: [phone]
Fax: [phone]I 3
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SHEADS FERRY, NC 28460
TEL [phone] FRX [phone]
May 27, 2004 J-N3W � NSVOO
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Linda Lewis aZ a Z XVK
Enviromental Enginee
N C, Division of Wate
Wilmington Regional 0
127 Cardinal Drive Extension
Wilmington, NC 28405
Re Shark Attack Onslow County
DWQ 3Lurmw,1Ler Protect #SW8 030432
Dear LikIda Lv-wit,
I received your fax on May 26, 2003 I understand State law does not allow you to
recommend an engineer- or cons, alto,
Your letter also stated that Walton Engineering started work on the prujeLl urily 2
weeks prior to the application deadline That was not the information I received In
our meeting on March 03, 2004 Richard Jordan told you rind all the other peoplt at
the meeting he would take dll the necessary actions to complete on time Shortly
after our meeting I confirmed with Richard Jordan all thc. steps he would take to
complete the application I was told that an engineer was hired only days after our
meeting Rich,-ird Tni-dan gave me his word he would fin►sh on time For months 1
was told not to worry for he was on top of things
I am still in North Carolina and have spoken to Mr. Jordan who has promised he
would be done by the end of npxl week I have no choice now but to take his word
and hope all the work is completed satisfactory
I appreciate the pairents both you and the state have shown us
Sincerely,
Hazy Ella
Z9 39Vd W3M 31idAW E1869z9Eb8 ZS Li b00Z/LZ/99

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Underdram to Bio-retention @Shark Attack
Subject: Underdram in Bio-retention @Shark Attack
From: Linda Lewis <Linda Lewis@ncmail net>
Date: Mon, 14 Jun 2004 09 03 50 -0400
To: Jason wilhams yazzn6@hotmail com>, Mark Walton <walton8@bellsouth net>
CC: Hazy Eha <SharkAttackRW@aol com>
Mark & Jason
An underdrain needs to be installed in bio-retention areas where the soils are
"tighter that a loamy sand ° I think clay qualifies as being tighter than a loamy
sand
Removal of the clay down to at least 41 and replacement with a sand or loamy sand
and the installation of an underdrain are required to make bioretention workable at
this site
Linda
1 of 1 6/22/2004 5 08 PM

Re Shark Attack
Subject: Re Shark Attack
From: ")anon williams" <jazzn6@hotmail comma
Date: Fri, 18 Jun 2004 16 08 11 -0400
To: Linda Lewis@ncmatl net
Linda,
I am working diligently to finish the Stormwater Management Permit application for `Shark Attack'
Unfortunately, I am not going to be able to finish the plans by this afternoon I've been pulling some heavy hours
trying to get it completed, but being so unfamiliar with the designs for the Bioretention Areas, it is taking me a
while I'm going to do my best to have it to you by Monday afternoon, as long as I do not run into any design
miscalculations and Mark gets the plans reviewed, so he can seal them Thanks so much for your patience
Jason
Stop worrying about overloading your inbox - get MSN HotmalI Extra Storage
1 of 1 6/21/2004 8 05 AM

Re Bio-retention
eGJ1, �,4N1_2k
Subject: Re Bio-retention
From: wfhunt@ncsu edu
Date: Sun, 13 Jun 2004 22 04 41 -0400 (EDT)
To: "Linda Lewis" <Linda Lewis@ncmail nett
Linda,
As always a good b-r question The answers are embedded
Bill
Hey Bill
It was so nice to see you in Asheville this past April I really enjoyed
the conference Many thanks for your infectious enthusiasm regarding the
rather dull (at times) world of stormwater management
Thanks for the kind words
I have a question about bio-retention The current manual occasionally
refers to an underdrain In one place, the replacement of the insitu
soils with sand is not recommended if an underdrain is used What is the
current thinking on use of an underdrain in NC9
Underdrains are needed whenever the soil is "tighter than a loamy sand "
Even in sandy soils, however, we recommend the designer to consider using
the, particularly if the soil may be compacted during construction
In -situ soil can be left in place ONLY if the in -situ soil is a loamy sand
or sand AND only if you are NOT concerned about P removal If TSS is the
only requirement for pollutant removal, the soil's condition (other than
something that allows h2o to pass through it easily) is not that
important
If it can be used,
where should it be located" Can it be used in conjunction with sand'>
Yes They can be used in conjunction with sand They just don't always
need to be
Thanks, and have a good weekend, or if you don't read this till after
the weekend, I hope it was a good one I'm taking my cat to the vet for
her distemper shot,
Linda
1 of 1 6/14/2004 8 35 AM

Stormwater project
Subject: Stormwater project
From: SharkAttackRW@aol com
Date: Fri, 11 Jun 2004 12 10 21 EDT
To. linda Lewis@ncmail net
Dear Linda
Attached is an e-mail we received from Walton Engineering
As you can see things are really starting to progress I hope the commissioner will be
understanding to the fact that we really are trying to complete this project efficiently
The meeting I am requesting with Richard Jordan and Walton engineering is only so that I
can better understand my situation As owner of the property I want to know exactly what is
going on Since I am getting many reposes that contradict the other I think it would be
beneficial to all sit together and discuss the issues so that there is no misunderstandings as
there have been in the past
I fully understand that this meeting will not affect the decision nor the outcome of the
commissioners decision I am only looking to fully understand exactly what Richard Jordan
and Walton Engineering are going to do Your presence is requested since you know
everything that needs to be done
You have given us many extensions in the past and I understand I have exhausted your
leniency Please know that was not my intention I was constantly being told that we were
near completion, yet time dragged on until it became to late If I knew then what I know now
things would have been different However, I have to deal with what I am faced with today
Walton engineering did not know of our deadlines Now that they have been informed they
are working rapidly and efficiently I believe they will complete the job to your satisfaction
As you can see in the attached letter progress is being made
The pressure of this project has made me physically sick I never intended for it to go so
bad I never had any idea that so much could go wrong Please understand that I am very
grateful to you for all you have done I know you have done all you can I am a small
operator and have never taken on a project of this size I am at risk of losing everything I
want to complete this project more than anyone
Sincerely,
Hazy Elia
Mr Elia,
I have been on the telephone with the sod scientist about the site in Sneads Ferry We discussed the
technical approach to solving the stormwater problem and we have a solution we think will work He is
going to talk to the soil scientist that works with Linda Lewis to make sure we are all in agreement He
will have a written report to me this evening
1 of 2 6/11/2004 12 45 PM

Stormwater project
am going to wait for his report before I send Linda Lewis the e-mail I discussed with you That way I
can tell Linda about our progress and proposed solution
will send you a copy of my e-mail to her
Mark Walton
06-10-04 Walton reply.html Content -Type• text/html
Content -Encoding: quoted -printable
2 of 2 6/11/2004 12 45 PM

P 1
COMMUNICATION RESULT REPORT ( MAY 26 2004 11 25AM }
TTI NCDENR WIRO
FILE MODE OPTION ADDRESS (GROUP) RESULT PAGE
-------------------------------------------------------------------------------------------------
045 MEMORY TX 8-8436269813 OK P 1/1
REASON FOR ERROR
E-1) HANG UP OR LINE FAIL
E-3) NO ANSWER
E-2) BUSY
E-4) NO FACSIMILE CONNECTION
Qt WAS Michael F Easley, Governor
P William G. Rosa Jr. Secretary
Noah Carolina Department of Environment and Natural Nesources
> Alan W, Klimek PE,Director
O Dift n ofWiter Quality
Coleen H Sullins, Deft
puty Director
bivislon of Water Qualo+
FAX COVER SHEET
Date: May 26, 2004
To: Hazy Elia
Company: Shark Attack Resortwear
FAX #: [phone]
No, of Pages: 1
AO---�
From: Linda Lewis
Water Quality Section - Stormwater
FAX [phone],,2004
Phone # [phone]
DWQ Stormwater Project Number: SWB 030432
Project Name: Shark Attack aka Myrtle Ware
Onslow County
MESSAGE:
Dear Mr. Elia.,
In regard to your letter of May 25, 2004,1 regret that State law prohibits me from making
any recommendations of engineers, contractors, etc. I understand you believe you are
doing all you can to keep your consultant within the allotted time frame, however, I was
J'--- -d 4- 1 - - ---sL Al. _4 1. , .

OF WA, Michael F Easley, Governor
Q William G Ross Jr Secretary
AA T North Carolina Department of Environment and Natural is esources
�—� Alan W Klimek P E ,Director
r Division of Water Quality
Coleen H Sullins, Deputy Director
Division of Water Quality
FAX COVER SHEET
Date: May 26, 2004 No. of Pages, 1
To: Hazy Elia From: Linda Lewis
Company: Shark Attack Resortwear Water Quality Section - Stormwater
FAX #: [phone] FAX # [phone]
Phone # [phone]
DWQ Stormwater Project Number: SW8 030432
Project Name: Shark Attack aka Myrtle Ware
Onslow County
MESSAGE:
Dear Mr Ella
In regard to your letter of May 25, 2004, 1 regret that State law prohibits me from making
any recommendations of engineers, contractors, etc I understand you believe you are
doing all you can to keep your consultant within the allotted time frame, however, I was
dismayed to learn recently that you did not engage Walton Engineering until about 2
weeks prior to the application deadline date That just isn't enough time for a small firm
like Walton to gather the necessary information to engineer a retrofit stormwater
system I anticipated that you would have engaged a consultant within a few days of our
meeting on March 3, 2004
RSSlarl SIWQSISTORMWATILETTERS120041030432-2 may04
N C Division of Water Quality 127 Cardinal Drive Extension [phone]
Wilmington Regional office Wilmington, NC 28405 [phone] Fax
Customer Service
1 800 623-7748

e 1295 HIGHWAY 210
SHEHa5 FERRY, NC 2E460
TEL [phone] FHX (843) 626--9813
May 25, 2004
Linda Lewis
Enviromental Engineer
N C Division of Water Quality
Wilmington Regional Office
127 Cardinal Drive Extension
Wilmington, NC 28405
Re Shark Attack Onslow County
DWQ Stormwater Project #SW8 030432
Dear Linda Lewis
RECEIVED
MAY 2 6 2004
DWQ
PROD # 56Ve 03r)4 3 Z
I have been at the Shark Attack location today to check on the status of the
stormwater project 1 regret to say that I see little if any progress The due
date is fast approaching and although my contractor Richard Jordan and Walton
Engineering repeatedly insist they will be completed in time I am worried Mr
Jordan and Mr Walton inform me that they are in constant contact with you by
phone and e-mail and that every effort is made to complete the project
As owner of the project I am the one responsible for meeting your requirements
However, my knowledge and expierience to North Carolina is limited I am
looking either to replace or seek supervision for Richard Jordan I do not know
of any contractors or engineers in North Carolina and am hoping you could
recommend someone to complete the, job Cost is not the issue, only that the job
be completed in time I understand this is not your responsibility and this
request is informal but my current situation forces me to ask Whatever action I
am forced to take I will make sure all requirements are met by June 3, 2004
Sincerely,
I -lazy Elia

May 18, 2004
Linda Lewis
Enviromental Engineer
N C Division of Water Quality
Wilmington Regional Office
127 Cardinal Drive Extension
Wilmington, NC 28405
Re Shark Attack Onslow County
DWQ Stormwater Project #SW8 030432
Dear Linda Lewis
As per your response on May 14, 2004, regarding submission of the stormwater
application I want to thank you for extending the due date on the application to
June 3, 2004 I tried hard to make it in on time but that proved not to be the
case
I understand it is not your responsibility to follow up with neither Mr Jordan
nor Mr Walton Please undestand that I was not trying to put the responsibility
on you I am in contact with Richard Jordan everyday regarding this issue I am
pushing him to complete all the necessary requirements Mr Jordan has given
me his word he will complete all the requirements as soon as possible Mr
Jordan has told me that he has spoken to you regarding the situation It is very
important to me to complete this project in a timely manner as per Richard
Jordans promise to me I do thank you for your continued patience and am eager
to satisfy all your demands
Sincerely,
Hazy E-ha

Re Shark Attack
Subject: Re Shark Attack
From: Linda Lewis <Linda Lewis@ncmail nets
Date: Thu, 20 May 2004 08 19 44 -0400
To: rlanier@allstatedredging com
Mr Lanier
Yes, an enforcement action was initiated and Mr Elia was fined $4202 46 on August
7, 2003, for failing to obtain the required stormwater permit The enforcement
action required submission of a permit application, however, as of February 13,
2004, no application had been received by the Division I sent Mr Elia a certified
letter requesting that he make application within 10 days of receiving the letter,
which was February 17, 2004 I scheduled a meeting with Mr Elia and Mr Jordan on
March 3, 2004, and as a result of that meeting, a deadline of May 3, 2004, (60
days) was established for the submission of the application
I found out yesterday that Mr Elia waited until April 19, 2004, to engage a
consulting firm to perform the work I was not happy to hear that he allowed only 2
weeks before the deadline for the consultant to do the work, and of course, the
consultant did not have the plans ready by the deadline The consultant has
indicated that I can expect the plans by June 1, 2004 After that date, additional
enforcement action will be initiated
I have copies of all the letters and emails in the file The file is available for
public inspection You are more than welcome to schedule an appointment with my
administrative assistant, Beverly Rivenbark at 910-395-3900 to view the file and
make copies Please reference file #SW8 030432 Shark Attack
Linda
rlanier@allstatedredging com wrote
Ms Lewis, I appreciate your getting back to me on this matter Was there a
NOV in this matters If so may i get a copy" As this has been going on for
some time, has there been a stall or intential delays on the part of the
owner or his represenative Mr Jordan Was there any written correspondence
giving them a dead -line for drawings or completion of the storm water
retention design> There has been an insistance on the owner and Mr Jordan
to ignore my request to control their storm water
I would hope that there will be some resolve quickly as there is
continueing damage to my property I appreciate your quick reply
Sincerely, Rudy J Lanier
Original Message
From Linda Lewis Linda Lewis@ncmail net
Date Wed, 19 May 2004 09 25 29 -0400
To rlanier@allstatedredging com
SubDect Shark Attack
Dear Mr Lanier
Just a note to let you know that the application for this proDect has been
delayed I received an email from Mr Elia's consultant, Richard Jordan on May
17 He indicates that I should have the application by the end of this week
Thanks,
Linda Lewis
1 of 2 5/20/2004 8 20 AM

Re Shark Attack
` -0
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
mail2web - Check your email from the web at
http //mail2web com/
2 of 2 5/20/2004 8 20 AM

f OF WArFR Michael F Easley, Governor
�a 0 William G Ross Jr, Secretary
North Carolina Department of Environment and Natural Resources
Alan W Klimek, P E ,Director
Division of Water Quality
Coleen H Sullins, Deputy Director
Division of Water Quality
February 13, 2004
CERTIFIED MAIL #7002 1000 0005 2389 8379
RETURN RECEIPT REQUESTED
Mr Hazy Ella
Myrtle Ware- Seaboard Industrial Park
779 Commerce Place
Myrtle Beach, SC 29577
Subject: Request for Stormwater Permit Application
Shark Attack
Stormwater Project No. SW8 030432
Onslow County
Dear Mr Ella
The Division of Water Quality received a fax from your consultant, Richard Jordan,
which included a copy of the Letter of Approval for the Sedimentation Erosion Control
Plan, dated September 10, 2003 Neither you nor Mr Jordan apparently understand
that a Stormwater Permit is required for this site, as indicated in my letters of May 6,
2003, and February 12, 2004, despite my conversations and meetings with Mr Jordan
regarding stormwater for this project This project was issued a Notice of Violations of
the Sedimentation Pollution Control Act on April 25, 2003, for disturbing 1 5 acres
without having an approved SEC plan On May 6, 2003, the Division of Water Quality
sent you a certified letter requesting that you make application for and receive a
Stormwater Management Permit for the subject project As of this date, a stormwater
permit application has not been submitted, and the site remains unpermitted
As indicated in both my letters of May 6, 2003, and February 12, 2004, under NCAC
15A 2H 1000, any site that is required to receive either Sedimentation Erosion Control
Plan approval or a CAMA Major permit is required to apply for and receive a Stormwater
Management Permit The letter of approval from the Division of Land Resources is only
for the sedimentation and erosion control portion of the project while it is under
construction A Stormwater Permit is a separate permit required by the Division of
Water Quality to provide for the long-term treatment of runoff from the impervious areas
of the site
rw�
N C Division of Water Quality 127 Cardinal Drive Extension [phone] Customer Servioe'4''
Wilmington Regional Office Wilmington, NC 28405 (910) 35D-2004 Fax [phone] nc E—NR

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Mr Elia
February 13, 2004
Page2of2
You were fined $4,202 46 on August 7, 2003, for failing to obtain a stormwater
management permit for this site prior to construction As of this date, the fine has
not been paid Regardless of the status of payment or the status of construction,
you are still required to obtain a Stormwater Management Permit and provide
stormwater treatment measures for this site The continued feigned ignorance of
the stormwater management requirements on both your part and Mr Jordan, is
very disturbing to us
We are hereby informing you that we are proceeding with a "Notice of Continuing
Violations" enforcement action for failure to apply for or receive the required
stormwater management permit The fine for a continuing violation could be as
much as $10,000 per day per violation
If you have an explanation for this violation that you wish to present, please
submit it in writing within 10 days of receiving this notice Your explanation will be
included with the enforcement report for the Director's consideration
If you have any questions, please do not hesitate to call Rick Shiver or me at
[phone]
Sincerely,
Linda Lewis
Environmental Engineer
RSS1ad S1WQSISTORMWATILETTERS120041030432 feb04
cc Richard Jordan
Linda Lewis

RE Shark Attack project
Subject: RE Shark Attack project
From: "Jason williams" <jazzn6@hotmail com>
Date: Wed, 19 May 2004 14 33 32 -0400
To: Linda Lewis@ncmail net
Linda,
We received a plan on April 26, via Fed -Ex They first engaged Walton Engineering during the week
of April 19 thru 23, Mark said he was not sure of the exact date Also, we weren't aware of the 60 day
deadline However, once they sent us the package, I, personally have spoken with Anthony Jordan on
a weekly basis, checking on our progress They asked us to get the application in as soon as possible,
and agian, have been very diligent in checking up on the status of the project I will submit a
stormwater management permit application, on their behalf, as soon as I possibly can I, honestly,
have been really busy these last few months, and will hopefully have the permit application to you by
the beginning of June
Also, I'm trying to get Ron Bryant's, Crosswinds, stormwater permit in to you It is taking me longer
than I thought it would, but I will try, diligently, to have the permit submitted to you by May 31, 2004,
as requested in your letter dated April 29, 2004
Jason L Williams
Walton Engineering
From Linda Lewis <Lmda Lewis@ncmail net> To Jason williams <jazzn6@hotmail com> Subject
Shark Attack project Date Wed, 19 May 2004 11 07 54 -0400 Jason When did Mr Elia or Richard
Jordan engage Walton Engineering to do this project? The reason I ask is, I met with Mr Elia and Mr
Jordan back on March 3, and they were given a 60 day deadline to submit an application I'd like to
know when they contacted you for this project Linda
Express yourself with the new version of MSN Messenger' Download today - it's FREE
1 of 1 5/19/2004 3 06 PM

Re
Subject: Re
From: Linda Lewis <Linda Lewis@ncmail nets
Date: Mon, 26 Apr 2004 08 31 38 -0400
To: rlanier@allstatedredging corn
Dear Mr Lanier
Thank you for your email concerning the problems your property is experiencing due
to the adjacent Sharks development This project is currently under Notice of
Violation The Division met with the owner on March 3, 2004, to discuss the
propopsed measures that would be installed to obtain compliance with the Stormwater
Management rules
The owner was given until May 3, 2004, to complete the design and submit an
application Upon approval of the permit, construction of those measures must be
completed within 60 days The permit to be issued will require that all roof
drainage be picked up and directed into the proposed measures Hopefully, your
situtation will be resolved in the near future Any damages to your property as a
direct result of the violation at this site will have to be pursued through the
Civil court system
Had this project not been required to submit a Sedimentation Erosion Control plan,
the Division would not have been able to require a stormwater permit Your
described situation, where a new property owner fills in a property that is less
than 1 acre in size, thereby causing runoff to enter the existing adjacent
property, is far too common along the coast Unfortunately, the Division lacks the
authority to mandate flood control on any project Local governments are charged
with the responsibility of creating and enforcing flood control ordinances, if they
choose to take on that responsibility
If you have any other questions, or if your situation is not resolved in the next
60-120 days, or if you want to know the status of the application, please do not
hesitate to contact me via email or call me at [phone]
Sincerely,
Linda Lewis
rlanier@allstatedredging co m wrote
Ms Lewis,
I talked with Janet Russell, she recomended that i contact you
I am the adjacent property owner in Sneady Ferry to the Sharks Store
located on hwy 210 I have been plauged with the construction of this store
from the begining
The property was built up with fill approximatly 3-4 ft their runoff has
continuoslyshed water to my property Their gutter system which handels all
of the roof water is piped to my property
During construction they (Ricky Jordan & Assoc ) used my property and all
of those around to circumvent the requirement to provide a stormwater
containment basin To this date there has been no fix to this problem In talking
to Janet she seems to think there may be a NOV existing, if so i
would like to know the disposition of it and when 1 may be able to expect
some relief I appreciate any help you can offer
Sincerly
Rudy J Lanier
Office- 327-3389
Cell- 369-2486
Email- rlanier@allstatedred in ccm
--------------------------------------------------------------------
mail2web - Check your email from the web at
http //ma112web com/
1 of 2 4/26/2004 8 32 AM

NN A
P�
L r
Michael F Easley, Governor
William G Ross Jr Secretary
North Carolina Department of Environment and Natural kesources
j Alan W Klimek, P E ,Director
0 r► .0 Division of Water Quality
Coleen H Sullins, Deputy Director
Division of Water Quality
FAX COVER SHEET
Date.
August 15, 2003
No of Pages: 1
To:
Richard Jordan
From. Rick Shiver
Company'
Richard Jordan & Associates, Inc.
Water Quality Section -
Stormwater
FAX #'
910-327-2136
FAX # [phone]
Phone # [phone]
DWQ Stormwater Project Number' SW8 030432
Project Name: Sharks
MESSAGE:
Mr Jordan
The Division has reviewed all of the information regarding the requirement for a
Sedimentation Erosion Control plan and a Stormwater Management Permit at this site,
including the February 26, 2003, inspection report issued by Laurie Munn, when she
worked for the Division of Land Resources That report documented land -disturbing
activity outside of the 0 75 acre tract, that the owner was responsible for these land
disturbances, and that an SEC plan would need to be submitted if the activity exceeded
1 acre
On April 25, 2003, the Division of Land Resources issued a Notice of Violation for the
unpermitted disturbance of 1 5 acres at Shark's, and required that a plan be submitted
for approval
Based on NCAC 2H 1003(b), "a [Stormwater] permit is required in accordance with the
requirements of this Section for any development activities which require either a CAMA
Major development permit or a Sedimentation Erosion Control Plan " The requirement
for an SEC plan is based on the disturbance of 1 acre or more
Since a Sedimentation Erosion Control Plan was required on April 25, 2003, a
Stormwater Management Permit is also required
RSSlarl S1WQSISTORMWATIADDINF0120031030432 aug03
N C Division of Water Quality
Wilmington Regional Office
127 Cardinal Drive Extension
Wilmington, NC 28405
[phone]
[phone] Fax
Customer Service
1 800 623-7748
A
MN

FILE MODE
--------------
803 MEMORY T
P 1
* COMMUNICATION RESULT REPORT ( AUG 15 2003 10 29AM )
TTI NCDENR WIRO
OPTION ADDRESS (GROUP) RESULT PAGE
8-9103272136 OK P 1/1
REASON FOR ERROR
E-1) HANG UP OR LINE FAIL
E-3) NO ANSWER
E-2) BUSY
E-4) NO FACSIMILE CONNECTION
�CF WATER Michael F Easley, Governor
William G Ross Jr Secretary
North Carolina Department of Environment and Natural Kesources
—co Mal > r Alan W Klimek P,E ,Director
p Division of�llater Quality
Coleen H Sullins, Deputy Director
Division of ater Quality
FAX COVER SHEET
Date: August 15, 2003
To: Richard Jordan
Company: Richard Jordan & Associates, Inc.
FAX #: [phone]
DWQ Stormwater Project Number: SW8 030432
Project Name: Sharks
MESSAGE:
Mr Jordan,
No. of Pages: 1
From: Rick Shiver
Water Quality Section -
Stormwater
FAX # [phone]
Phone # [phone]
The Division has reviewed all of the information regarding the requirement for a
Sedimentation Erosion Control plan and a Stormwater Management Permit at this site,
including the February 26, 2003, inspection report issued by Laurie Munn, when she
worked for the Division of Land Resources That report documented land -disturbing
activity outside of the 0,75 acre tract, that the owner was responsible for these land

OF WATER Michael F Easley, Governor
a Q William G Ross Jr, Secretary
�O 6 North Carolina Department of Environment and Natural Resources
co
Alan W Klimek, P E,Director
p Division of Water Quality
Coleen H Sullins, Deputy Director
Division of Water Quality
March 3, 2004
Mr Hazy Ella
Myrtle Ware Seaboard Industrial Park
779 Commerce Place
Myrtle Beach, SC 29577
Subject: Meeting
Shark Attack Project
Stormwater Project No. SW8 030432
Onslow County
Dear Mr Elia
It was a pleasure to meet you this afternoon at our meeting As promised, I am writing
this letter to document our discussion, so that there is no further confusion on the matter
and the project can be brought Into compliance swiftly The Shark Attack site received a
Sedimentation Erosion Control (SEC) plan approval on September 10, 2003 The SEC
plan approval was required because more than one acre had been disturbed, therefore,
the rules require that a stormwater permit also be obtained
As indicated in my fax of August 15, 2003, to Richard Jordan, a Stormwater
Management Permit is required for any site that must receive a SEC plan approval for
the disturbance of more than 1 acre Since construction is complete and the building is
open for business, it will be necessary to retrofit the site with the required stormwater
treatment measures We discussed the possibility of using a sand filter, infiltration
trenches or infiltration basin, and utilizing the open area to the east, and the sight
triangle area on the south to locate stormwater treatment measures The existing
drainage patterns at the site lend themselves to being able to pick up the runoff and
direct it into the treatment measures
Based on the project's location at the corner of SR 1518 (Old Folkstone Road) and NC
210, 1 have determined that it is within '/Z mile of and draining to an unnamed tributary of
SA waters Please see the enclosed topo map Under the rules for high density projects
which drain to SA waters, the stormwater controls must be infiltration systems designed
to accommodate the runoff from all built -upon area on the site caused by 1 5" of rain
Built -upon area includes buildings, asphalt, gravel, concrete, brick, parking areas,
sidewalks, etc Additionally, if any runoff from adjacent development enters the Shark's
property and it cannot be rerouted around the proposed infiltration system, it must be
included in the design of the stormwater control An example volume calculation can be
found on Pages 6 and 7 of the Best Management Practices document Please be sure
to replace the 1" rainfall with 1 5"
N C Division of Water Quality 127 Cardinal Drive Extension [phone]
Wilmington Regional office Wilmington, NC 28405 [phone] Fax
Customer Service
1 800 623-7748
NCDENR

Mr Elia
March 3, 2004
Stormwater Protect No SW8 030432
The enforcement report for this extended violation has been prepared and will be
forwarded to the Director unless a stormwater permit application is received, w
within 60 calendar days The deadline is Monday, May 3, 2004 After the project
is approved, you will have another 60 days to complete the construction of the
permitted improvements Failure on your part to meet either of these deadlines
will result in the enforcement action being forwarded to the Director Fines in the
amount of $10,000 00 per day per violatioon are possible
If you have any questions, please do not hesitate to call me at [phone]
Sincerely,
Linda Lewis
Environmental Engineer
RSSlarl S1WQSISTORMWATILETTERS120041030432 mar04
cc Richard Jordan & Associates, Inc, Builder
Linda Lewis
Page 2of2

1�zl$ 63OY3,�2
OF W q rFR Michael F Easley, Governor
�a p William G Ross Jr, Secretary
�, North Carolina Department of Environment and Natural Resources
j - Alan W Klimek, P E ,Director
Division of Water Quality
Coleen H Sullins, Deputy Director
Division of Water Quality
August 7, 2003
CERTIFIED MAIL 7003 0500 0000 8804 3433
RETURN RECEIPT REQUESTED
Mr Hazy Elia
Myrtle Ware
779 Commerce Place
Myrtle Beach, SC 29577
SUBJECT Notice of Violation and Assessment of Civil Penalty for Violations of
NCGS 143-215.1 (a)
Non -permitted Stormwater Project
Case Number CV-2003-0301
Onslow County
Dear Mr Elia
This letter transmits a Notice of Violation and assessment of a civil penalty
against you in the amount of $4,202 46, including $202 46 in enforcement costs The
specifics of the violation and civil penalty assessment in this case are outlined below
Acting pursuant to delegation authority provided by the Secretary of the
Department of Environment and Natural Resources, and the Director of the Division of
Water Quality, I, Rick Shiver, Division of Water Quality Regional Supervisor, make the
following
I. FINDINGS OF FACT:
A Hazy Elia has developed a commerical site located off Highway 210,
Sneads Ferry, in Onslow County as a retail business known as Shark's
B On April 25, 2003, DWQ received notice from the Division of Land
Resources that a Notice of Violations of the Sedimentation Pollution
Control Act had been issued for the disturbance of 1 5 acres for the
Shark's development On May 6, 2003, DWQ requested, via certified mail,
that Hazy Ella submit a Stormwater Management Permit application for
Shark's development The green card receipt for the certified mail was
signed on May 9, 2003
C On July 23, 2003, DWQ staff inspected the Shark's site and observed the
construction of a building and parking lot Such development creates an
increase in the amount of impervious surface and/or a decrease of the
infiltration of precipitation into the soil at the site
N C Division of Water Quality 127 Cardinal Drive Extension [phone]
Wilmington Regional Office Wilmington NC 28405 [phone] Fax
Customer Service
1 800 623-7748

Case Number CV-2 03-0301
D As of the date of this action, a Stormwater Management Permit has
neither been applied for nor issued for the development of Shark's
E The cost to the State of enforcement procedures in this matter totaled
$202 46
Based on the above Findings of Fact, I make the following
II CONCLUSIONS OF LAW.
A Hazy Elia, is a "person" within the meaning of G S 143-215 6A pursuant
to G S 143-212 (4 )
B North Carolina Administrative Code Section 15A NCAC 2H 1003 requires
development activities within the State's coastal counties that require
either a CAMA Major development permit or a Sedimentation Erosion
Control Plan approval, to obtain a stormwater management permit
C Onslow County is a coastal county pursuant to 15A NCAC 2H 1002
D Hazy Elia was required to obtain a stormwater management permit for its
development at Shark's prior to construction of impervious surfaces
pursuant to 15A NCAC 2H 1003
E Hazy Elia violated 15A NCAC 2H 1003 by failing to obtain a stormwater
management permit prior to the development of Shark's
F 15A NCAC 2H 1003 is a rule of the Environmental Management
Commission implementing Chapter 143, Article 21, Part 1 of the North
Carolina General Statutes
G Hazy Elia may be assessed civil penalties in this matter pursuant to G S
143-215 6A(a)(6), which provides that a civil penalty of not more than
twenty-five thousand dollars ($25,000 00) per violation may be assessed
against a person who violates a rule of the Commission implementing
Chapter 143, Article 21, Part I of the North Carolina General Statues
H The State's enforcement costs in this matter may be assessed against
Hazy Elia pursuant to G S 143-215 3(a)(9) and G S 143E-282 1(b)(8)
DWQ's Wilmington Regional Office Water Quality Supervisor, pursuant to
delegation provided by the Secretary of the Department of Environment
and Natural Resources and the Director of the Division of Water Quality,
has the authority to assess civil penalties in this matter
2of7

Case Number CV-2003-0301
Based on the above Findings of Fact and Conclusions of Law, I make the
following
III DECISION
Accordingly, Hazy Elia is assessed a civil penalty of
4 000 00
for failing to obtain a stormwater management permit
as required by 15A NCAC 2H 1003, prior to the
development of Shark's
4 000 00
TOTAL CIVIL PENALTY
$202 46
Enforcement costs
4 202 46
TOTAL AMOUNT DUE
Pursuant to G S 143-215 6A(c), in determining the amount of the penalty, I have
taken into account the Findings of Fact and Conclusions of Law, and the factors set
forth in G S 1436-282 1(b), which are
(1) The degree and extent of harm to the natural resources of the State, to the public
health, or to private property resulting from the violation,
(2) The duration and gravity of the violation
(3) The effect on ground or surface water quantity or quality, or on air quality,
(4) The cost of rectifying the damage,
(5) The amount of money saved by noncompliance,
(6) Whether the violation was committed willfully or intentionally,
(7) The prior record of the violator in complying or failing to comply with programs
over which the Environmental Management Commission has regulatory
authority, and
(8) The cost to the State of the enforcement procedures
Within thirty days of receipt of this notice, you must do one of the following
Submit payment of the penalty:
Payment should be made directly to the order of the Department of
Environment and Natural Resources (do not include waiver form)
Payment of the penalty will not foreclose further enforcement action for
any continuing or new violation(s)
Please submit payment to the attention of
Point Source Compliance/Enforcement Unit
Division of Water Quality
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
Please indicate the case number on your check
OR
3 of 7

Case Number CV-2003-0301
2 Submit a written request for remission or mitigation including a
detailed justification for such request
A request for remission or mitigation is limited to consideration of the
reasonableness of the amount of the penalty and is not the proper
procedure for contesting the accuracy of any of the statements contained
in the assessment letter Because a remission request forecloses the
option of an administrative hearing, such a request must be accompanied
by a waiver of your right to an administrative hearing and a stipulation that
there are no factual or legal issues in dispute You must execute and
return to this office the attached waiver and stipulation form and a detailed
statement which you believe establishes whether
(a) one or more of the civil penalty assessment factors in G S 143B-
282 1(b) were wrongfully applied to the detriment of the petitioner,
(b) the violator promptly abated continuing environmental damage
resulting from the violation,
(c) the violation was inadvertent or a result of an accident,
(d) the violator had been assessed civil penalties for any previous
violations,
(e) payment of the civil penalty will prevent payment for the remaining
necessary remedial actions
Please submit this information to the attention of
Point Source Compliance/Enforcement Unit
Division of Water Quality
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
Please note that all information presented in support of a request for remission
must be submitted in writing The Director of the Division of Water Quality will review
the information during a bimonthly enforcement conference and inform you of his
decision in the matter of the remission request His response will provide details
regarding case status, directions for payment and provision for further appeal of the
penalty to the Environmental Management Commission's Committee on Civil Penalty
Remissions Please be advised that the Committee cannot consider information that
was not part of the original remission request considered by the Director and therefore,
it is very important that you prepare a complete and thorough statement in support of
your request for remission
OR
4 of 7

Case Number CV-2003-0301
3 Submit a written request for an administrative hearing:
If you wish to contest any statement in this assessment letter, you must
request an administrative hearing This request must be in the form of a
written petition to the Office of Administrative Hearings and must conform to
Chapter 150B of the North Carolina General Statutes You must
File your original petition with the
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, North Carolina 27699-6714
AND
Mail or hand -deliver a copy of the petition to
Mr Dan Oakley
General Counsel
Department of Environment and Natural Resources
1601 Mail Service Center
Raleigh, North Carolina 27699-1601
Please indicate the case number (as found on page one of this letter) on the
petition
Failure to exercise one of the options above within thirty (30) days as evidenced
by a date stamp (not a postmark) indicating when we received your response, will result
in this matter being referred to the Attorney General's Office with a request to initiate a
civil action to collect the penalty Please be advised that additional assessments may
be levied for violations that occur after the review period of this assessment
Please be further advised that if you have any questions concerning this matter,
please contact Mr Bob Sledge at [phone], extension 547, or Linda Lewis at
[phone]
D to Rick Shiver
Water Quality Regional Supervisor
Attachments
cc Regional Supervisor wlattachments
Compliance/Enforcement File wlattachments
Central Files
5of7

Case Number. CV-2003-0304
STATE OF NORTH CAROLINA
COUNTY OF ONSLOW
IN THE MATTER OF ASSESSMENT
OF CIVIL PENALTIES AGAINST
Hazy Elia
Shark's
ENVIRONMENTAL MANAGEMENT
COMMISSION
WAIVER OF RIGHT TO AN
ADMINISTRATIVE HEARING AND
STIPULATION OF FACTS
Case No CV-2003-0301
Having been assessed civil penalties totaling $4,202 46 for violation(s) as set
forth in the assessment document of the Director of the Division of Water Quality dated
assessment date, the undersigned, desiring to seek remission of the civil penalties,
does hereby waive the right to an administrative hearing in the above -stated matter and
does stipulate that the facts are as alleged in the assessment document
The undersigned further understands that all evidence presented in support of
remission of this civil penalty must be submitted to the Director of the Division of Water
Quality within thirty (30) days of receipt of the civil penalty assessment No new
evidence in support of a remission request will be allowed after thirty (30) days from the
receipt of the civil penalty assessment
This the day of , 20_
SIGNATURE
ADDRESS
TELEPHONE
6 of 7

MEMORANDUM
DIVISION OF WATER QUALITY
TO File
FROM Laurie Munn
THROUGH
DATE July 23, 2003
PROJECT NAME Sharks
PROJECT NO 030432
COUNTY Onslow
Visited Sharks on July 22, 2003 The site is completed and open for business
The runoff drains to inlets in the front yard and drive The runoff is then pipe to
the roadway ditches xtensive damage has occurred to the ad a� cent_prp operty _
omnnerr Sharks has been built up on fill and is causing sedimentation damage on
the adjacent property owner
RSS/lsm S 1WQSISTORMWATIMEMOS1030432 july03

CERTIFIED MAIL,,, RECEIPT
(Domestic Mail Only; N nsurance Coverage Provided)
For delivery information visit our website at www.usps.comI)
�) [ :.1
t
or M Box No Comm
t '
�i rrce- 1
awl
r,
2,7577
PS Form3100, June 2002 See Reverse for Ins,ructions

Case Number CV-2003-0301
DIVISION OF WATER QUALITY - CIVIL PENALTY ASSESSMENT
Violator: Hazy Eli!a
County- Onslow
Case Number. Case No. CV-2003-0301
ASSESSMENT FACTORS
1) The degree and extent of harm to the natural resources of the State, to the
public health, or to private property resulting from the violation,
`�iot significant ( ) moderately significant (} significant
( ) very significant ( ) extremely significant
2) The duration and gravity of the violation,
Onot significant ( ) moderately significant O significant
( ) very significant ( ) extremely significant
3) The effect on ground or surface water quantity or quality or on air quality;
Knot significant ( ) moderately significant ( ) significant
( ) very significant ( ) extremely significant
4) The cost of rectifying the damage,
not significant () moderately significant ( ) significant
( ) very significant ( ) extremely significant
5) The amount of money saved by noncompliance,
{) not significant 6Qmoderately significant ( ) significant
( ) very significant ( ) extremely significant
6) Whether the violation was committed willfully or intentionally,
O not significant moderately significant ( ) significant
( ) very significant ( ) extremely significant
7) The prior record of the violator in complying or failing to comply with
programs over which the Environmental Management Commission has
re ulatory authority, and
not significant ( ) moderately significant ( ) significant
( ) very significant ( ) extremely significant
8) `Toe cost to the State of the enforcement procedures
of significant ( ) moderately significant O significant
( ) very significant O extremely significant
2OC-�DatPo� Water Quality Regional Supervisor
REMISSION FACTORS
(a) Whether one or more of the civil penalty assessment factors were
wrongly applied to the detriment of the petitioner,
(b) Whether the violator promptly abated continuing environmental damage resulting
from the violation,
(c) Whether the violation was inadvertent or a result of an accident,
(d) Whether the violator had been assessed civil penalties for any previous violations,
and
(e) Whether payment of the civil penalty will prevent payment for the remaining necessary
remedial actions
7of7

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Re Richard A Jordan & Assoc - Shark Attack II
Subject: Re Richard A Jordan & Assoc - Shark Attack II
From: "Jason williams" <jazzn6@hotmail comma
Date: Mon, 17 May 2004 09 54 45 -0400
To. Linda Lewis@ncmail net
Linda,
This is just a note from me letting you know I am working on the referenced project I will try and
have it to you by the end of next week
Also, I will have a stormwater management permit application for Ron Bryant's Crosswinds to you by
Thursday afternoon
Jason L Williams
Walton Engineering - 259-4800
Check out the coupons and bargains on MSN Offers
1 of 1 5/17/2004 10 06 AM

* * * COMMUNICATION RESULT REPORT ( MAY 14 2004 12 11PM )
P 1
0
FILE MODE OPTION ADDRESS (GROUP)
730 MEMORY TX
REASON FOR ERROR
E-1) HANG UP OR LINE FAIL
E-3) NO ANSWER
-------------
8-8436269813
� NCDENR WIRO
RESULT PAGE
E-2) BUSY
E-4) NO FACSIMILE CONNECTION
of WATT Michael F. Easley, Governor
William G Ross Jr, Secretary
7- North Carolina Department of Environment and Natural resources
> Alan W Klimek P 8 p rector
p , Division of Water rector
Coleen W Sullins, Otty Director
Division ofter Quality
Dade; May 14, 2004
To;� Hazy Ella
Company: Shark Attack
FAX #: [phone]
FAX COVER SHEET
No, of Pages: 1
From: Linda Lewis
Water duality Section - Stormwater
FAX #' 10.350.2004
Phone 9 9ifl-aA&S900
I
DWQ Storrnwater project Number: SW8 030432
Project Name: Shark Attack Surf City
MESSAGE:
Dear Mr Eha
I received your letter of May 3, 2004, regarding tl�e status of the pending application.
Per the terms of our agreement, a stormwater application for the subject project was
due on May 3, 2004, You indicated in your fetter that the application would be delayed,
however, you did not provide the date by which the application would be submitted, An

�F WA-1 Michael F Easley, Governor
ca p William G Ross Jr Secretary
O North Carolina Department of Environment and Natural resources
co
j Alan W Klimek P E ,Director
.� Division of Water Quality
Coleen H Sullins, Deputy Director
Division of Water Quality
FAX COVER SHEET
Date: May 14, 2004 No. of Pages- 1
To: Hazy Elia From: Linda Lewis
Company: Shark Attack Water Quality Section - Stormwater
FAX #: [phone] FAX # [phone]
Phone # [phone]
DWQ Stormwater Project Number: SW8 030432
Project Name: Shark Attack Surf City
MESSAGE:
Dear Mr Ella
received your letter of May 3, 2004, regarding the status of the pending application
Per the terms of our agreement, a stormwater application for the subject project was
due on May 3, 2004 You indicated In your letter that the application would be delayed,
however, you did not provide the date by which the application would be submitted An
expected submittal date is required In order for the Division to hold off on additional
enforcement action
Additionally, I wanted to make it clear to you that as the owner of the project, it is your
responsiblllty to make sure Mr Walton and Mr Jordan provide the application in a
timely manner, not the State's I will not be contacting either of those people for an
update on the status of the submission That is your responsibility The stormwater
application must be submitted to the Division prior to June 3, 2004, or additional
enforcement action will be pursued
RSSlarl S1WQSISTORMWATILETTERS120041030432 may04
N C Division of Water Quality 127 Cardinal Drive Extension [phone] Customer Service ALRWI
Wilmington Regional Office Wilmington, NC 28405 [phone] Fax [phone] NR

C v —ZC03 — c"�3cx
MAY x 0 2004
B
f l� 1295 HIGHWAY 210
SHERDS FERRY, HE 28460
TEL (E43) 445-9203 FRX [phone]
May 3, 2004
Linda Lewis
Enviromental Engineer
N C Division of Water Quality
Wilmington Regional Office
127 Cardinal Drive Extension
Wilmington, NC 28405
Re Shark Attack
Onslow County
Dear Linda Lewis
I have been informed by my contractor Richard Jordan that he has hired Walton
Engineering to accomidate all the necessary Stormwater requirements
Richard Jordan is working rapidly to satisfy the requirements however he will be
slightly delayed
I am in constant contact with Mr Jordan so that we are his first priority You
may contact Walton Engineering at [phone] for progress reports or any
further information you require: You may also contact Richard Jordan at
[phone] to make sure all demands are met Should Richard Jordan not
be in compliance in any way please notify me so I can take measures to correct
the situation
Sin c -ly,
is

P 1
COMMUNICATION RESULT REPORT ( FEB 18 2004 10 58AM ) * * *
TTI NCDENR WIRO
FILE MODE OPTION ADDRESS (GROUP) RESULT PAGE
-----------------------------------------------------------------------------------------------------
334 MEMORY TX 89103272136 OK P 3/3
-----------------------------------------
REASON FOR ERROR
E-1) HANG UP OR LINE FAIL
E-3) NO ANSWER
AT
G�
E-2) BUSY
E-4) NO FACSIMILE CONNECTION
Michael F Easley, Governor
William G Ross Jr. Secretary
North Carolina Department of Environment and Natural V6sources
Alan W Klimek p E ,Director
Q ..� Division of Water Quality
Coleen H Sulins, Deputy Direotor
DNisan of Water Quality
FAX COVER SHEET
Date: February 18, 2004
To, Richard Jordan
Company: Richard A. Jordan & Associates, Inc.
FAX #: [phone]
DWQ Stormwater Project Number: SW8 030432
Project Name: Shark Attack
MESSAGE:
Dear Mr Jordan
No. of Pages: 3
From: Linda Lewis
Water Quality Section -
Storrnwater
FAX # [phone]
Phone # 9'10-395r3900
I spoke to your son this morning regarding the Division's request for a stormwater
management permit for the development of the Shark Attack site, I am faxing you a
copy of the SEC Financial Responsibility ownership form submitted to the Division of
Land Resources on September 3, 2003, which cieady indicates that the proposed (after-

OF WATF9 Michael F Easley, Governor
w p William G Ross Jr, Secretary
North Carolina Department of Environment and Natural Resources
C') D G"�
Alan W Klimek, P E ,Director
CL
p Division of Water Quality
Coleen H Sullins, Deputy Director
Division of Water Quality
FAX COVER SHEET
Date February 18, 2004
To: Richard Jordan
Company. Richard A Jordan & Associates, Inc
FAX #• 910-327-2136
DWQ Stormwater Project Number. SW8 030432
Project Name Shark Attack
MESSAGE:
Dear Mr Jordan
No. of Pages 3 TAN `�
From. Linda Lewis 7I��FF''
Water Quality Section -
Stormwater
FAX # [phone]
Phone # [phone]
spoke to your son this morning regarding the Division's request for a stormwater
management permit for the development of the Shark Attack site I am faxing you a
copy of the SEC Financial Responsibility ownership form submitted to the Division of
Land Resources on September 3, 2003, which clearly Indicates that the proposed (after -
the -fact) disturbed area is 1 5 acres Your argument that the disturbance is less than 1
acre has no basis, since you signed an application for the disturbance of 1 5 acres
Since there is sufficient documentation to prove that the disturbed area was over 1 acre,
and required an SEC plan approval, a stormwater management permit is required
Please do not delay any longer by using the argument that the disturbance was less
than 1 acre, to avoid obtaining the required stormwater permit An enforcement action
for the continuing violation at this site is already under way for failure to obtain the
required stormwater permit
If you are concerned about retrofitting a site with stormwater management measures,
there are options available that do not take up a lot of space I have a few copies of the
Best Management Practices manual still available which provides the design
requirements for these BMP's
RSSlarl SIWQSISTORMWATIADDINFO120041030432 feb04
cc Hazy Elia
N C Division of Water Quality 127 Cardinal Drive Extension [phone] Customer Service
Wilmington Regional Office Wilmington NC 28405 [phone] Fax [phone] AM—

FINANCIAL RESPONSIBII,ITY/OWNERSHIP FORM
SEDIMENTATION POLLUTION CONTROL ACT
No person may initiate a land -disturbing activity on one or more acres as covered by the Act
before this form and an acceptable erosion and sedimentation control plan have been completed and
approved by the Land Quality Section, NC Department of Environment, and Natural Resources (Please
type or print and, if question is not applicable, place N/A in the blank)
Part A
Project Name
Location of land -disturbing activity County
k
c. 3 2003
4 �
City or Townshrn and Highway/Street 4� C3y� I _
3 Approximate date land -disturbing activity will be commenced
4 Purpose of development (residential, commercial, industrial, etc)
5 Total acreage disturbed or uncovered (including off -site borrow and waste areas)
1 , nR zc�s
Amount of fee enclosed $� [� T
Has an erosion and sedimentation control plan been filed? Yes No -�
Enclosed 7r0 1 o�
Person to contact should sediment control issues anse during land -disturbing activity
Name TeIephone(,Q I6)
Landowner(s) of Record (Use blank page to list additional owners)
Name(s)
77.E _ .AW__12_2 _ Q1o,CeJ _
Current Mailing Address
Cie State Zip
10 Recorded in Deed Book No
,¢3- tyZ&-9 6(- F/3
12_q, ���t",' a\ L�
Current Street Ad ss
r)
City S to Zip
Page No -7
Part B
Person(s) or firm(s) who are financially responsible for this land -disturbing activity (Use a blank
page to list additional persons or firms)
Name of Persons} or Firms)
Current Mailing Address Current StreetlAddress
City State Zip City St to Zip
�ephone �_ t
Telephone

(a) If the Financially Responsible Party is not a resident of North Carolina give name and street
address of a North Carolina Agent
Name
Mailing Address
City Stat Zip
Telephone
Street Address
- u -
City State Zip
q \0 �'g-i (::-,,�3 t
Telephone
(b) If the Financially Responsible Party is a Partnership or other person engaging in business
under an assumed name, attach a copy of the certificate of assumed name If the Financially
Responsible Party is a Corporation give name and street address of the Registered Agent
Name of Registered Agent
_CF
Mailing Address
We- -)
City I State Zip
Street Address
City
Telephone Telephone
State Zip
The above information is true and correct to the best of my knowledge and belief and was
provided by me under oath (This form must be signed by the financially responsible person if
an individual or his attorney -in -fact or if not an individual by an officer, director, partner, or
registered agent with authority to execute instruments for the financially responsible person) I
agree to provide corrected information should there be any change in the information provided
herein
\-�CJzv, V.\ \ �"'
Type or�p t name Title or Authority
or `
S�gna/�T�� Date � laQ lb3
i
a Notary Public of the County of��
State of North Carolina, hereby certify that
appeared personally before me this day and being duly s o cknowledged that the above form
was executed by him
Witness my rand and notarial seal, this aR"-- day of
- Seal _ Notary
My commission expires-1

OF WA-1 9 Michael F' Easley, Governor
p William G Ross Jr Secretary
�0 North Carolina Department of Environment and Natural §esources
Alan W Klimek, P E ,Director
� � Division of Water Quality
Coleen H Sullins, Deputy Director
Division of Water Quality
FAX COVER SHEET
Date: February 12, 2004 No. of Pages: 2.� To. Richard Jordan From- Linda Lewis
Company- Water Quality Section - Stormwater
FAX #. [phone] FAX # [phone]
Phone # [phone]
DWQ Stormwater Project Number: SW8 030432
Project Name: Shark's Sneads Ferry
MESSAGE -
Mr Jordan
Attached is a copy of the letter I have sent to Mr Hazy Elia requesting that he make
application for the Shark's in Sneads Ferry
Since I don't have a mailing address for you, I can only fax this to you
RSSlarl S1WQSISTORMWATIADDINF0120041030432 feb04
N C Division or Water Quality 127 Cardinal Drive Extension [phone] Customer Service
Wilmington Regional Office Wilmington NC 28405 [phone] Fax [phone] NCbENR-

P. 1
COMMUNICATION RESULT REPORT ( FEB 12 2004 10 SSAM ?
TTI NCDENR WIRO
FILE MODE OPTION ADDRESS (GROUP) --- - ------- RESULT
---`-----PAGE---
- - ------------------------ - -
174 MEMORY TX --- ---- - 89103272136
REASON FOR ERROR
E-1) HANG UP OR LINE FAIL
E-3) NO ANSWER
E-2) BUSY
E-4) NO FACSIMILE CONNECTION
0f WA r� Michael F Easley, Governor
`fit QI William 0 Ross Jr Secretary
North Carolina Department of Environment and Natural hesouroes
Alan W, Klimek P, E Director
p Drv,siOn ofWut4Quality
Coleen H 3ulhns, De`,-uty Director
Division of INster Quality
FAX COVER SHEET
Date; February 12, 2004 No, of Pages: 2
To; Richard Jordan From: Linda Lewis
Company: Water Quality Section - Stormwater
FAX #: [phone] FAX # [phone]
Phone # [phone]
DWO Stormwater Project Number: SW8 030432
Project Name: Shark's Sneads Ferry
MESSAGE:
Mr. Jordan
Attached Is a copy of the letter I have sent to Mr Hazy Ella requesting that he make
application for the Shark's in Sneads Ferry.
Since I don't have a mailing address for you, I can only fax this to you,

Feb 12 04 04:14p Richard Jordan 910-327-2136 p.l
Richard A. Jordan & Associates, Inc., Builder-
141 Sugar L ane •Post Office Box 3Q1 • Sneads Ferry, North Carolina 2s46a • [phone] Fax [phone]
Fax Cover Sheet
DATE. 112- Le
To
FAX #
FROM. _ 4- -=0 rd4-'I -
PAGES -3� INCLUDING COVER SHEET
COMlVENTS Zd•/4�Z el
e fclr_a+/�
?
e-' Skwk

Feb 12 04 04:15p Richard Jordan
State of North Carolina
910-327-2136 P•2
Department of Environment
and Natural Resources
Wilmington Regional Office
Division of Land Resources
Land Quality Section
Michael F Easley, Governor
William G Ross Jr, Secretary
NCDENR
ENVIRONMENT ANo N/IninAL RESOURCES
September 10, 2003
LETTER OF APPROVAL
Mr Hazy Eiia
779 Commerce Placa
Myrtle Beach, SC 29577
Project Name Shark Attack
Project No ON-03241
Location NC Hwy 210 - Onslow County
River Basin White Oak
Submitted by Richard A Jordan & Associates
Date Received July 14, 2003
Revised Submittal
Dear Mr Elia
This office has reviewed the subject sedimentation and erosion control plan We find the plan to be acceptable and
hereby issue this Letter of Approval The enclosed Certificate of Approval must be posted at the job site This plan approval
shall expire three (3) years following the date of approval, if no land -disturbing activity has been undertaken, as is required
by Title 15A NCAC 4B 0029
Please be advised that Title 15A, of the North Carolina Administrative Code, 4B 0018(a) requires that a copy of the
approved plan be on file at the job site Also, you should consider this letter to give the Notice required by GS 113A-61(a)
approved plan The last page(s) which lists approval comments should be cooled and attached to the sedimentation and
erosion control plan that is maintained on site
North Carolina's Sedimentation Pollution Control Program is performance oriented, requiring protection of the natural
resources and adjoining properties If, following the commencement of this project, it Is determined that the erosion and
sedimentation control plan is inadequate to meet the requirements of the Sedimentation Pollution Control Act of 1973 (North
Carolina General Statute 113A-51 thru 66), this office may require revisions to the plan and its implementation to insure
compliance with the Act
Acceptance and approval of this plan is conditioned upon your compliance with federal and state water quality laws,
regulations, and rules In particular, if wetlands are effected by this land disturbing activity, the provisions of the Clean Water
Act as mandated by the Environmental Protection Agency must be adhered to In addition, local city or county ordinances
or rules may also apply to this land -disturbing activity This approval does not supersede any other permit or approval
Please be aware that this project will be covered by the enclosed general storm water permit NCG01000
(Construction Activities) You should first become familiar with all of the requirements for compliance with the enclosed
general permit
Please note t hat t his a pproval i s b aced i n p art o n t he a ccuracy o f t he i nformation p rovided i n t he F inanciai
Responsibility Form which you provided You are requested to file an amended form if there is any change in the information
included on the form in addition, it would be helpful if you notify this office of the proposed starting date for this project
We look forward to working with you on this project If you have any questions, please contact our office
Sincerely,
Daniel Sams, P , M E
Regional Engineer
OES1bfr
cc Richard A Jordan, Richard A. Jordan & Associates
W i RO-LO S
Page 1 of 2

Feb 12 04 04:15p
Richard Jordan
910-327-2136
p.3
t,
PROJECT NAME -
PROJECT NUMBER.
LOCATION.
RIVER BASiN•
SUBMITTED BY:
DATE RECEIVED.
APPROVAL COMMENTS AND CONDITIONS
Shark Attack
ON-03241
NC Hwy 210- Onslow County
White Oak
Richard A Jordan & Associates
July 14, 2003
The plan as Submitted is not an approvable erosion and sediment control plan, but is being approved as
an as -built submission The limits of grading were not accurately reflected, but should be revegetated or
stabilized by the receipt of this approval
2 The developer is responsible for the control of sediment on -site if the approved erosion measures prove
insufficient, the developer must take those additional steps necessary to stop erosion from leaving this site
Each sediment storage device must be inspected after each storm event Maintenance and/or clean out
is necessary anytime the device is at 50% capacity
3 Any and all existing ditches on this project site are assumed to be left undisturbed by the proposed
development unless otherwise noted The removal of vegetation within any existing ditch or channel is
prohibited unless the ditch or channel is to be regraded with side slopes of 2 horizontal to 1 vertical or less
steep Bank slopes may be mowed, but stripping of vegetation is considered new earth work and is
subject to the same erosion control requirements as new ditches
4 The developer is responsible for obtaining any and all permits and approvals necessary for the
development of this project prior to the commencement of this land disturbing activity This could include
agencies such as the Division of Water Quality's stormwater regulations, their enforcement requirements
within Section 401 of the Clean Water Act, the U S Army Corps of Engineers' lurisdiction of Section 404
of the Clean Water Act, the Division of Coastal Management's CAMA requirements, the Division of Solid
Waste Management's landfill regulations, the Environmental Protection Agency and/or The U S Army
Corps of Engineers jurisdiction of the Clean Water Act, local County or Municipalities' ordinances, or
others that may be required This approval cannot supersede any other permit or approval, however, in
the case of a Cease and Desist Order from the Corp of Engineers, that Order would only apply to wetland
areas All highland would still have to be in compliance with the N C Sedimentation Pollution Control Act
5 If any area on site falls within the jurisdiction of Section 401 or 404 of the Clean Water Act, the developer
is responsible for compliance with the requirements of the Division of Water Quality, the Corps of
Engineers and the Environmental Protection Agency (EPA) respectively Any erosion control measures
that fall within jurisdictional wetland area must be approved by the aforementioned agencies pnor to
installation or our Section must be notified of a relocation of the measures in question to the transition point
between the wetlands and the highlands to assure that the migration of sediment will not occur If that
relocation presents a problems or contradicts any requirements of DWQ, the Corps or the EPA, it is the
responsibility of the developer to inform the Land Quality Section regional office so that an adequate
contingency plan can be made to assure sufficient erosion control remains on site Failu-e to do so will be
considered a violation of this approval
Any borrow matenal brought onto this site must be from a legally operated mine or other approved source
A single use borrow site or an area to waste material is only permissible if it is operated under total control
of the Financially Responsible person or firm who is developing this site, is located on or adjacent to this
site, and has been incorporated as part of this plan

Case #
County_
Person F
Address
NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
LAND QUALITYSECTION 1 7 Cardinal Drive, Ext , Wilmington, NC 28405-3845 [phone]
I Proje t River Basin � t( cy � (%
)onsible 51 Project #
i Project Location v D Pictures No I+L Yes ❑
Prints ❑ Slides ❑ Digital ❑ Video ❑
2 Weather and Soil Conditi s
3 Is site currently under notice of violations Yes ❑ Na Or
4 Is the site to compliance with the S P C A and the rules9 Yes ❑
No
CV" If no, check violations below
5 Violations
❑ a No approved plan, G S 113A-57(4) and 15A NCAC 04B 0107(c)
❑ g
Inadequate buffer zone, G S 113A-57(I)
❑ b Failure to follow approved plan, G S 113A-61 1
❑ h
Graded slopes and fills too steep, G S 113A-57(2)
❑ c Failure to submit revised plan, G S 113A -54 l(b) and
or 15A NCAC 04B 0124 (d)
15A NCAC 04B 0118(a)
❑ 1
Unprotected exposed slopes, G S 113A-57(2)
❑ d Failure to provide adequate groundcover, G S 113A-57(3) and
Failure to maintain erosion control measures,
15A NCAC 04B 0107(b) or 15A NCAC 04B 0124(e)
15A NCAC 04B 0113
❑ e Insufficient measures to retain sediment on site, G S 113A-57(3)
❑ k
Other(describe)
❑ f Failure to take all reasonable measures, 15A NCAC 04B 0105
6 Potential NPDES Permit Violations Yes 0 No ❑ Describe
7 Has sedimentation damage occurred since last inspections Yes ❑
If yes, wheres (check all that apply) No ❑
Lake/natural watercourse on the tract ❑ Lake/natural watercourse off the tract ❑ Other property ❑
Description
Degree of damage Slight ❑ Moderate ❑ Severe ❑
& Contact made with (Name)_r r7y7 Ct`U -
Title
Inspection Report given ❑ or sent to Person Financially Responsible
Date given/sent D3 U
9 Corrective actions needed
- fir° St [-f Y?C� (_�nd� k 0-e p - Q/ I CtCJ7V-
N flf-f)ln a rU 1 P r-L o tkn da rZ e J', E� V2 h ('f ra o u. cn of
wn
f
Y'4? Sn to' I
10 Comments P)ease, "cuo-ha c?-, „e rb,�r.,CL2 CDP= I nwr 1s U fey
(zr-b Ul-*j �S Ore t-- -r -5 � fK1 rr��-r fig is GarP_i,1 A-� �-*a.,7
acre At 0--V p n -i4 (4 �n,� m u 1 ftnle -fi- r o f 1 a h .� ri i.4 r rrt CC
b-P, ra oosil2k rsl.Lhrnr-�-ii:on 6u� �-i'Ds�l�r) �-s�G�r aY!�.�_-t�J or)
Date of Inspection _z I �_� �a-3 Time arriving at site "� ^^ Time leaving site
cc

Case #
NORTH CAROLiNA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
,, LAND QUALITY SECTION 27 Cardinal Drive, Ext , Wilmington, NC 28405-3845 [phone]
r
County�W Project d-mr1CS _ River Basin
Person Financially Responsible Project #
Address
I Project Location Hvill Vo Pictures No fd/ Yes ❑
2 Weather and Soil tondit4s
3 Is site currently under notice of violation? Ye No
4 Is the site in compliance with the S PC A and the rules Yes
5 Violations
❑ a. No approved plan, G S 113A-57(4) and 15A NCAC 04B 0107(c)
❑ b Failure to follow approved plan, G S 113A-61
❑ c Failure to submit revised plan, G S 1 13A -54 l(b) and
15A NCAC 04B 0118(a)
❑ d Failure to provide adequate groundcover, G S 113A-57(3) and
1SA NCAC 04B 0107(b) or l5A NCAC 04B 0124(e)
❑ e Insufficient measures to retain sediment on site, G S 113A-57(3)
❑ f Failure to take all reasonable measures, 15A NCAC 0 0105
6 Potential NPDES Permit Violation Yes ❑ No V Describe
Prints ❑ Slides ❑ Digital ❑ Video ❑
Q1<0 ❑ If no, check violations below
❑ g Inadequate buffer zone, G S 113A-57(1)
❑ h Graded slopes and fills too steep, G S 113A-57(2)
or ISA NCAC 04B 0124 (d)
❑ i Unprotected exposed slopes, G S 113A-57(2)
❑ j Failure to maintain erosion control measures,
15A NCAC 04B 0113
❑ k Other(describe)
7 Has sedimentation damage occurred since last inspection Yes ❑ If yes, whern (check all that apply) No Cam'
Lake/natural watercourse on the tract ❑ Lake/natural watercourse off the tract ❑ Other property ❑
Description r—
Degree of damage Sh ❑ Mode r ❑ Severe ❑
8 Contact made with (Name) _ Q,QQ h _I t _ Titl
Inspection Report given ❑ or sent ❑� to Person Financially Responsible Date given sent.
9 Corrective actions needed -
10 Comments 1,a o L S NK b cz_nU CUt t' I" Z4 0 '1- C 14— �i) L LS 1 u"
l aS�� ti o . CLWs 6t LA
Report by �_a ayu AALL-In Others present.
Date of Inspection ` 1-6 Q Time amvmg at site
10 06
Time leaving site
10 -3-0
cc

Case #
NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
LAND QUALITYSECTION 147 Cardinal Drive, Ext , Wilmington NC 28405-3845 [phone]
County. s Project River Basin �iU�cc�GU
Person Fin�nii lly_&esponsible LY9 Project #
Address / , IJ017 r I1-P h0 C 7-7I. n('
1 Project Location ff= V 0 Pictures No U., Yes
2 Weather and Soil Conditt s `-
3 Is site currently under notice of violations I Yes ❑ No tr
4 Is the site in compliance with the S P C A and the rules9 Yes
5 Violations
❑ a No approved plan, G S 113A-57(4) and 15A NCAC 04B 0107(c)
❑ b Failure to follow approved plan, G S 113A-61 1
❑ c Failure to submit revised plan, G S 113A -54 1(b) and
15A NCAC 04B 0118(a)
❑ d Failure to provide adequate groundcover, G S 113A-57(3) and
15A NCAC 043 0107(b) or 15A NCAC 04B 0124(e) I
❑ e Insufficient measures to retain sediment on site, G S 113A-57(3)
❑ f Failure to take all reasonable measures, ISA NCAC 04B 0105
6 Potential NPDES Permit Violation? Yes ❑ No ❑ Describe
7 Has sedimentation damage occurred since last inspection?
Lake/natural watercourse on the tract ❑ Lake/nat
Description
❑ Prints ❑ Slides ❑ Digital ❑ Video ❑
❑ No G""' If no, check violations below
❑ g Inadequate buffer zone, G S 113A-57(1)
❑ h Graded slopes and fills too steep, G S 113A-57(2)
or 15A NCAC 04B 0124 (d)
❑ i Unprotected exposed slopes, G S 113A-57(2)
3 iFailure to maintain erosion control measures,
15A NCAC 04B 0113
❑ k Other(dcscnbe)
Yes ❑ If yes, where (check all that apply) No ❑
ural watercourse off the tract ❑ Other property ❑
Degree of damage Slight ❑ Moderate ❑ Severe ❑
8 Contact made with (Name) ,-tM G%Ur Title
Inspection Report given ❑ or sent to Person Financially Responsible Date given/sent a
9 Corrective actions needed
i - V-,e rocs sit + 46n rv. n f)d k rj_P_io cu ( OU71/ 1
w�`-f'�►n D►D IPrJ boLtnciCLr?es, C,Ven (r �tjou. c.!i nar
D w n GL Ce n-t- rGd-LSWb-
� -wuC M -h,Crn cl-au r, d lma4e-iq Ct Is
ko- + , rx.rp- lrP nr cin sbl e -
10 Comments Pease, "Cu o -�Q cr) en S r c) co n1-rp I I YID Q S u re x :Zi-O C.-f-
Date of Inspection . a—'� ( /O3 Time arriving at site "� �� Time leaving site
cc

Case #
NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
r ,, LAND QUALITYSECTION 27 Cardinal Drive, Ext , Wilmington, NC 28405-3845 [phone]
CountyIAIU ' Project J Ka,rkS ^ River Basin
Person Financially Responsible Project #
Address
I Project Location vo Pictures No fill Yes
2 Weather and Soil tonditihs
3 Is site currently under notice of violation J Ye No
4 Is the site in comphance with the S PC A and, Yes
5 Violations
❑ a. No approved plan, G S 113A-57(4) and 15A NCAC 04B 0107(c)
❑ b Failure to follow approved plan, G S 113A-61 1
❑ c Failure to submit revised plan, G S 113A -54 l(b) and
15A NCAC 04B 0118(a)
❑ d Failure to provide adequate groundcover, G S 113A-57(3) and
15A NCAC 04B 0107(b) or 15A NCAC 04B 0124(e)
❑ e Insufficient measures to retain sediment on site, G S 113A-57(3)
❑ f Failure to take all reasonable measures, 15A NCAC DgB-0105
6 Potential NPDES Permit Violation Yes ❑ No � Descnbe _
7 Has sedimentation damage occurred since last inspection Yes ❑ If yes, where? (check all that apply) No 0V—
Laketnatural watercourse on the tract ❑ Lake/natural watercourse off the tract ❑ Other property ❑
Description I
❑ Prints ❑ Slides ❑ Digital ❑ Video ❑
" ❑ If no, check violations below
❑ g Inadequate buffer zone, G S 113A-57(1)
❑ h Graded slopes and fills too steep, G S 113A-57(2)
or I SA NCAC 04B 0124 (d)
❑ 1 Unprotected exposed slopes, G S 113A-57(2)
❑ j Failure to maintain erosion control measures,
15A NCAC 04B 0113
❑ k Other(describe)
Degree of damage Sli ❑ Moder ❑ Severe ❑
8 Contact made with (Name) h a U.t ", Title
Inspection Report given ❑ or sent ❑ to Person Financially Responsible Date given/sent_
9 Corrective actions needed
10 Comments A vi (A, (,h S f w b o—na Cut , I L4 2L0 v­ 0 t cL -Vv- L LS �-
o , ages
Report b, a ku M Q,11r1 Others present
Date of Inspection I t t'D 0! -- Time arriving at site 14 o b
/I
Time leavmg site
to -3-0
cc

Aug 11 03 04 45p
Richard A Jordan
910-327-2136
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March 5, 2003
NCDENR
127 North CardinA Dr '
Wilmington, NC 28405-3845
Ann Laurie Munn
Dear MS Munn,
Thank you for your recent vi%it to our Job site at 1295 1lwy 210 We have made every effort
not to encroach on the adjacent property and have informed all vendors and suppliers not to drive
on said property We are sending a letter to Jones Onslow and North Topsail Utthties as we have
little control on where they drive The %ilt fence will be repaired immediately and I feel assured
that as soon as we are able to pave the property that this wilt alleviate most of the problems
I
7 hank you once again for your comment%
Sincere ,
I
Richard A Jordan i
President
2-d 9E12-L2E-Oi6 uep.aor O p-le4old d9b b0 60 IT 2nd

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Phone 910J27_.3389
fax 910.32 Z JIO0
Richard A Jordan A Accoc
Sneads k erry. NC 284(10
Mr fordan,
P.O. Box 568
Smeads Ferry, NC 28460
I cbruary 26, 2003
On several occasions I have reque%ted that you refrain from using my property for access
it) your Ifighway 210 project. I'hL% continued use h.A% drrwmScd my property and has
caused dtep ruts Ik advised I wiU neck lornpensation for damages by you and your
%uhamtractors
Additionally, throughout the entire project, you have allowed your storm water runoff to
run to my property unabated without arty corrective measure% ttuc continued runoll ha-,
caused irreparable damage to my property I3c advised we will seek compensation .1%
provided for in the North Caroluia Gene H. Statutes Sedimentation Pollution Control Act
(wc: ) I I IA -GAS
Sincerely,
Rudy J Lanier '
cc UOINR I auric Mwin
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Match 5, 2001
To Sub -Contractors, Utilities, and Vendors,
Please note that on 2/26/2003 our site at 1295 Hwy 210 was visited by the North Carolina
Department of I'snvironment and Natural Resources We are in violation due to trucks driving (in
the adjacent property Please ask all of your employees who are %erv,cing this site to refrain from
bung on this property i.
Your cooperation is greatly appreciated
Sincere
GGC �L;
Richard A Jordan
b ' d 96 12-LZE-0 t 6 uep.jor • d pJeyo t a dg* : *o 60 11 ZnU

Statc os Nortn Carolina
rlepartment of Environment
Ztr1c, Natural Resources
Wilmington Regional Office
Division of Land Resources
.and Quality Section
Michael F Easley, Governor
WHIOM G Ross Jr„ Secretary
NOTICE OF
Dear Recipient
`4 "4 •
NCD NF;t
NORr)-t C.ARCt_rNA DF—ERAFZrME7Nr Off-
ENVrRQhrM�Pr'r' AND NAMURAI_ R��OV�tCEr
CONTROL INSPECTION
Please find attached, a copy of the Sed=entanoa Pollunon Control nnspemoa report for the named project.
An uLspectton of the named project was performed on the indicated dare under the jurisdiction of G S 113A-61(d)
to determine comphance with the North Carolina State Sedimentation Pollution Control Act. 71us nonce of our
inspection is for your mformatron and records. Please read our comments carefully and note where we feel
improvemems should be made i
We will continue to inspect this project routm I y If there are any further comments or recommendations,
they will be forwarded at a later time
We hope that th>s inspection report wW not only Zaform you of our visit, but provide beneficlai information
for your use We thank you for your continued cooperatioa on this project_
Sincerely,
Laurie MunnI
Environmental Techrucian
LMibfr
Enclosure
1 Z7 Norte Grdu+ai Orin, W,1nr�gton. N.0 IE+s�S 3845 � Tdrrdaw 910 795 39i1n � fins 91 Q 359 2404
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NORTH CAR01INADEPARTMFNTO
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1 Project Location J ; '
I'I i� Pictures No 0-
Yes ❑
FPnnts 0 Slides ❑ Digital ❑ Video ❑
2 Wcuthcr and Soil Condimms ,_ '-! 1 'f L!! _
i N %itc eurrcnily under n011LC of violation? -, Yc% D No Q'
4 Is the site in compliance with the S P C A and the rules') Yea ❑ No Oo' if no, check violations below
5 Violations
❑ u No approved plan, G S 1 13A-57(4) and I SA NCAC 04B 0107 t) O g Inad%NuAc buffer ionc, G S 113A-57(I )
❑ b tailurc to follow approved plan, G S 1 13A-G 1 I Oh Graded slope% and fills too steep, G S 113A-57(2)
0 c Failure to submit revised plan, G % 111A -54 l(b) and or I SA NCAC 04B 0124 (d)
ISA NCAC 04B 0118(a) 01 Unprotected exposed slopes, G 5 113A.57(2)
❑ d Failure to provide adeyu.itc yroundeover G S I I IA-57(3) Lind 0"J' F.ulure In m.unr,im erosion control mcasures,
I SA NCAC 04B 0107(h) or 15A NCAC (AB 0124(c) 15A NCAC 0413 0113
C3 a Insufficient measures to retain scdiment on site, G S 113A-57(} 0 k Other(descnbc)_ _
❑ f Failure to take all rcaWnablc mcasures 15A NCAC 04B 0105
fi Potenti,il NPOLS Permit Violitli)n'l Ycb ❑ No ❑ Dcwribc
7 Has sedimentation damage occurred since last inspection'► I Yes ❑ If yes, where' (check all that apply) No 0
Lakc/natural watercourse ore the tract ❑ Lakc natural watercourse off the tract ❑ Other property 0
Description ---
Degree of d.imige Slight ❑ Moderuic ❑ Severe ❑
8 Contact made with (Name) _ , (_ �% r Talc
Inspection Report given ❑ or sent EY to Pcrson Financially eYponsible Daic g7vcn/sent
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National Pollutant Disclaarge Mimination System MI DES)
Stormwater Permit Coaiphance Certtftcanon
ice' -,,LEI a duly authonzed representative of
C,Z)eA P-" de/L
l,iE � tan itrdt�st�I facility rcqucstinr�
attachment to a North Carolina Department of Transportation highway drainage system
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ONS1a,,j C a Counry! do hereby certify the following
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NM'fr.oe I I Al,
The teal facility does not require an NPD1;5 stormwater peanut
�,nrhp�' icAC.
The aadal facility does require an NPDES stortnwater permit The
permit has been obtained, and a Stormwater Pollution Prevention Plan
(SM) is in place
I understand if the Department of Transportavon determines the irmdI33 facility is not
to compliance veith NPDES stormwater pe it requirements, the Department will report
the noncompliance to the N C Division oRater Quality x also understand that
falsification of this certiheavon may result in penalty of law against the irAosgp�31 facility
and me as prescnbed in the North Carolina General Statutes Oa*-j rAL
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(Date)
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Michael F Easley, Governor
William G Ross, Jr , Secretary
North Carolina Department of Environment and Natural Resources
Alan W Klimek, P E , Director
Division of Water Quality
Wilmington Regional Office
May 6, 2003
CERTIFIED MAIL #7001 1140 0002 1285 2888
RETURN RECEIPT REQUESTED
Mr Hazy Ella
Myrtle Ware
Seaboard Industnal Park
779 Commerce Place
Myrtle Beach, SC 29577
Subject REQUEST FOR STORMWATER
MANAGEMENT PERMIT APPLICATION
Sharks-Sneads Ferry
Stormwater Project No SW8 030432
Onslow County
Dear Mr Ella
On Apnl 25, 2003, the Wilmington Regional Office received a copy of a Notice of
Violations of the Sedimentation Pollution Control Act for Sharks-Sneads Ferry The North
Carolina Administrative Code requires any project that must receive either Sedimentation and
Erosion Control Plan approval and/or a CAMA Major permit to apply for and receive a
Stormwater Management Permit by the Division of Water Quality Any construction on the
subject site, pnor to receipt of the required permit, will constitute a violation of 15A NCAC
2H 1000 and may result in appropnate enforcement action by this Office
Either a Stormwater Permit Application Package including 2 sets of plans, completed
o application form, fee, and supporting documentation, or a written response regarding the status of
this project and the expected submittal date must be received in this Office no later than June 5,
2003 Failure to respond to this request may result in the initiation of enforcement action, and
construction may experience a subsequent delay
The NPDES 010000 Federal Stormwater Permit that accompanies the Erosion Control
Plan approval letter must NOT be considered the Coastal Stormwater Management Permit,
which will be signed by the Water Quality Supervisor Please reference the Project Number
above on all correspondence. If you have any questions, please call me at (910)-395-3900
Sincerely,
Linda Lewis
Environmental Engineer
RSSlarl S 1WQSISTORMWATISTORMSUB1030432 Apr
cc Mitchell Parker, Onslow County Building Inspections
Jim Gregson
Linda Lewis
Central Files
r�vr
NMENR
N C Division of Water Quality 127 Cardinal Drive Extension Wilmington, N C 28405 [phone] Fax [phone] Customer Service
800-623-7748

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OF WArFR Michael F Easley, Governor
�a Q William G Ross Jr, Secretary
�O North Carolina Department of Environment and Natural Resources
j�—� Alan W Klimek, P E ,Director
0 .� Division of Water Quality
Coleen H Sullins, Deputy Director
Division of Water Quality
February 12, 2004
CERTIFIED MAIL #7002 1000 0005 2389 8386
RETURN RECEIPT REQUESTED
Mr Hazy Ella
Myyrtle Ware- Seaboard Industrial Park
779 Commerce Place
Myrtle Beach, SC 29577
Subject- Request for Stormwater Management Permit Application
Shark's-Sneads Ferry
Stormwater Project No. SW8 030432
Onslow County
Dear Mr Ella
On April 25, 2003, the Division of Land Resources determined that a land disturbing
activity of 1 5 acres had occurred at the Shark's development off Highway 210, which
required a Sedimentation Erosion Control Plan The North Carolina Administrative Code
requires any project that must receive either Sedimentation and Erosion Control Plan
approval and/or a CAMA Major permit to apply for and receive a Stormwater
Management Permit by the Division of Water Quality On August 15, 2003, the Division
of Water Quality notified your agent, Richard Jordan, that a Stormwater Management
Permit was required for this site To date, we have received no response and an
application has not been submitted
Either a Stormwater Permit Application Package including 2 sets of plans, completed
application form, fee, and supporting documentation, or a written response regarding
the status of this project and the expected submittal date must be received in this Office
no later than March 12, 2004 Failure to respond to this request may result in additional
enforcement action
Please reference the Project Number above on all correspondence. If you have any
questions, please call me at (910)-395-3900
Sincerely,
Linda Lewis
Environmental Engineer
RSS/arl S 1WQSISTORMWATISTORMSUB1030432 feb04
cc Onslow County Building Inspections
Richard Jordan
Linda Lewis
Central Files
MAN
N C Division of Water Quality 127 Cardinal Drive Extension [phone] Customer Service ASO
Wilmington Regional Office Wilmington, NC 28405 [phone] Fax [phone] NCD R

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Sitate of North Carolina
Department of Environment
and Natural Resources
Wilmington Regional Office
Division of Land Resources
Land Quality Section
Michael FwEasley, Governor
William G Ross Jr , Secretary
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1�•
NCDENR
NORTH CAROLINA DEPARTMENT pr
ENVIRONMENT AND NATURAL RESOURCES
April 25, 2003
NOTICE OF VIOLATIONS OF THE
SEDIMENTATION POLLUTION CONTROL ACT
CERTIFIED MAIL 7002 2410 0006 9367 3509
RETURN RECEIPT REQUESTED
Myrtle Ware
Mr Hazy Elia
Seaboard Industrial Park
779 Commerce Place
Myrtle Beach SC 29577
Project Name Sharks-Sneads Ferry
Project No ON-03241
Onslow County
Dear Mr Elie
.5�8U3oy��—
On April 14, 2003, personnel of this office inspected a project located off Highway 210 in Onslow
County, North Carolina This inspection was performed to determine compliance with the North Carolina
Sedimentation Pollution Control Act of 1973 The inspection revealed a land -disturbing activity of
approximately 1 5 acres being conducted
It is our understanding that you and/or your firm are responsible for this land -disturbing activity The
purpose of this letter is to inform you that this activity was found to be in violation of the Act, NCGS 1 13A-50
to 66, and Title 1 5A, North Carolina Administrative Code, Chapter 4 If you feel that you are not responsible
for the following violations, please notify this office immediately
The violations that were found are
Failure to file an erosion and sedimentation control plan with this office at least 30 days prior to
beginning a land -disturbing activity on a tract comprising more than one acre, when more than one acre
is to be uncovered, failure to secure this office's prior approval of the plan for any land -disturbing
activity prior to beginning the land -disturbing activity NCGS 113A-54(d)(4), G S 113A-57(4) and
15A NCAC 4B 0007(c)
An erosion and sedimentation control plan has not been submitted to this office for the referenced
project
An acceptable erosion and sedimentation control plan must be filed with and approved by this office
and implemented on the site sufficient to prevent off -site sedimentation Until the required plan has
been approved, temporary measures must be provided immediately to control erosion and prevent
sedimentation damage Any additional land -disturbing activities conducted without an approved erosion
and sedimentation control plan will constitute additional violations of the Act We will notify you
following our review of the plan if additional measures are required
127 Cardinal Drive Extension Wilmington N C 28405 3845 Telephone [phone] Fax [phone]
An Equal Opportunity Affirmative Action Employer

r
Mr Hazy Ewlia
April 25, 2003
Page Two
2 Failure on a tract of more than one acre, when more than one acre is uncovered, to install
sedimentation and erosion control devices sufficient to retain the sediment generated by the land -
disturbing activity within the boundaries of the tract during construction upon and development of the
A
tract G S 113A-57(3)
Measures to retain sediment on site have not been provided As a result, sediment is washing
into right-of-way ditches along Highway 210 and Folkstone Road
3 Failure to take all reasonable measures to protect all public and private property from damage by such
land -disturbing activities 15A NCAC 4B 0005
Measures to control erosion and retain sediment on site have not been installed Grading limits extend
to right-of-ways along NC Highway 210 and Folkstone Road -
To correct these violations, you must
Submit an erosion and sedimentation control plan to this office for the referenced project
2 Install the measures, structures and/or devices necessary to control erosion and retain sediment
on site
Please note that merely planting grass seed does not satisfy the requirements of "vegetative cover"
or of "ground cover sufficient to restrain erosion " These requirements are not satisfied until a standing cover
of grass or other ground cover is established which is, in fact, sufficient to restrain accelerated or man-made
erosion
The initial one day civil penalty could be an assessment of up to $5,000 00 A time period for
compliance is not required for this initial one day civil penalty pursuant to NCGS 1 13A-61 1 (c) and NCGS
113A-64(a)(1) An initial one day civil penalty is being considered for this project
If the violations described in this Notice are not corrected within 30 days following your receipt of this
Notice, the Division of Land Resources may take additional appropriate legal action against you pursuant to
NCGS 113A-64 That action could be the assessment of additional civil penalties and may result in the
initiation of other remedies as prescribed by the Act If additional civil penalties are assessed for the violations,
the amount may be up to $5,000 00 per day for each day of the violation pursuant to NCGS 133A-64(a)(1)
If all violations are corrected within the time period specified for compliance, additional civil penalties or legal
remedies will not be pursued
Any new land -disturbing activity associated with this project should not begin until the area presently
disturbed is brought into compliance with the Act When corrective actions are complete, you should notify
this office so that the work can be inspected You should not assume that the site is in compliance with the
Act until we have so notified you In addition, once compliance has been achieved, all installed measures must
be satisfactorily maintained until development is complete and the site is fully stabilized to avoid further
violations of the Act

Mr Hazy Elia
April 25, 2003
Page Three
We solicit your cooperation, and would like to avoid taking further enforcement action At the same
time, it is your responsibility to understand and comply with the requirements of the Act Copies of the
relevant statute and administrative rules may be examined at this office or will be sent to you upon request
Should you have questions concerning this Notice or the requirements of the Act, please contact either Carol
Miller or me at your earliest convenience
Please do not hesitate to contact me regarding any questions you might have about this matter
Sincerely,
Daniel Sams, P E , M E
Regional Engineer
DES//bfr
cc Sedimentation Specialist
WiRQ LOS
OWQ Supervisor WiRO
Enclosure Inspection Report

Case #
NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
LAND QUALITY SECTION �27 Cardinal Drive Ext , Wilmington, NC 28405-3843 [phone]
County QI.iS C<D L.J Project bUckk,1r7s _ River Basinb�L�P ( ��
Person Financially Responsible Project # _ a �-
Address
1 Project Location Pictures No 0 Yes ❑ Prints ❑ Slides ❑ Digital ❑ Videa ❑
2 Weather and Soil Conditions
3 Is site currently under notice of violation9 Yes ❑ No ❑
4 Is the site in compliance with the S P C A and the rules9 Yes ❑ No 0 If no, check violations below
5 Violations
/a No approved plan, G S 1 13A-57(4) and 15A NCAC 04B 0107(c)- ❑ g Inadequate buffer zone, G S 113A-57(1)
❑ b Failure to follow approved plan, G S 113A-61 I ❑ h Graded slopes and fills too steep, G S 113A-57(2)
❑ c Failure to submit revised plan, G S 113A -54 1(b) and or 15A NCAC 04B 0124 (d)
15A NCAC 04B 0118(a) ❑ i Unprotected exposed slopes, G S 113A-57(2)
0 d Failure to provide adequate groundcover, G S 113A-57(3) and Cl j Failure to maintain erosion control measures,
ISA NCAC 04B 0107(b) or 15A NCAC 04B 0124(e) I5A NCAC 04B 0113
le Insufficient measures to retain sediment on site, G S 113A-57(3) ❑ k Other(describe)
f Failure to take all reasonable measures, 15A NCAC 04B 0105
6 Potential NPDES Permit Violation) Yes 0 No ❑ Describe _
7 Has sedimentation damage occurred since last inspection9 Yes Ef If yes, where) (check all that apply) No 0
Lake/natural %yatercourse on the tract ❑ Lake/natural watercourse off the tract ❑ Other property ❑
Description -) /r f- v � 4 d , t C �
Degree of damage Slight Modera e ,�l Severe ❑,
8 Contact made with (Name) r. r I 0 1. Li rt , t7-U d -7,: e /Y e itle
Inspection Report given ❑ or sent ❑ to Person Financially Responsible Date giver{/sent
9 Corrective actions needed f L
r , J l� � Y7�W� Ci . 1 �r, r � S L(}Y� Gin'>` t� � � r`3 ! �Yt-� � � �` t`t�L`; i -t i�_'tj �✓C �-��� ,.'
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10 Comments_ IA. 4. I e � Ul /-C Lt `Z is lit 5 LJ '!� �7) (� e �'17 1-( r C� ea Y—L ✓f C �
/ , I'� )� i f"(. L.t.-8 e ✓ 11tiC a c r i° . a a c� I k Or-,i_.l� t CG K-A- ✓t c , (I (('rt 1, -,
G! e- A' 1 ), Z" / " 1, Zu --f 11 et-1 e' v� ,n i rr �" t , ( t'r ,r l r' r,( f -1-4 ILtA" Pl rF /t
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- Date of Inspection `/ - 1(-1 - (, -� __ _ Time arriving at site A M , Time leaving site
cc

RECORD OF TELEPHONE CONVERSATION
Date TimeCCrr (a (pm)
Individual Gt i
Organization 90 h S Q
Subject
ey Ca u P-L,6/1Aue,k,
Project No, S Lki � O
Project Title SACA6
Title V
Location JA% l
Phone ( )
ITEMS DISCUSSED
Pill
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COMMENTS OR ACTION SECURED