_20040524

F e Ta ka Cuter; e Adnrintttrstitatt R
ent
Summanr ;°etatd
se NrIrntrer: "4ai'-Z104-0003 NOV:
Permit. SCC.
Fac;CiEv' Waters Ce vstruc'tr n C l yrpaf etsp
Owner: tiNaters Ccr strua'dsan Company
ui.stturr Pep
Cten f2004C3
Monitoring Retaort.
County.:
„s.. inspect^
klenbur
Centrai C c Agin CaE'P: C4Ct 212004 Car menu: ,3-20.09 AGO sent.SettlementViolation
CentralOffrCe Contact, Lewis �Sateven C.
�tC�er_SS 3J-25 09,
Regional Contact Jahnstan,Alana D,
Enfathement .ontacC'..
Penalty Assessed Da?. fl5/241'2004
Letter Date: 0542412004
PenalttArnow-It
Damages.
En'forcementi;Qst: G05.4 i
Remission S tequest. `
Remission Acknowledged
En!. Cant Dote,
Remisshin r?rn unc:
Ent. Cant. Leiter Date.
Total Case Penatty: 9 05.45 i Facility Rcvd. Ent Conf. Ur.,
Fac lON Received F&D: t0)07/2CC4 Total Amount Due:
Response Dice By. 3r`,rfJ'"n? L4
Case Closed'
Eu9C Hearing ©ate:
Remission Amount
G Results Received:
Petition in OAF -I: drh4120ti4
2umrss:on Amount
Case to Caliection: ;
tent Reque ,led.
Fag e 1C`I

rA
NCDENR
North Carolina Department of Environment and Natural Resources
Michael F. Easley, Governor
MEMORANDUM
To: Jim Gulick
Senior Deputy At
Fro : Dan Oakley "9to
General Counsel
June 28, 2004
y General
Re: Petition for a Contested Case Hearing;
William Waters vs. DENR, Division of Water Quality
William G. Ross Jr„ Secretary
DIV. OF WATER QUAt_ITy
Or TL,
Attached please find a Petition for a Contested Case Hearing filed by William
Waters against the Division of Water Quality. Please assign an attorney to represent the
Division. Thanks,
DO:np
Attachment
cc: AI Klimek (with attachment)
NC DEPT. OF ENVIRONMENT
AND NAT L RESOURCES
OORESV1LLE REGIONAL OFFICE
1601 Mail Service Center, Raleigh, North Carolina 27699-1601
Phone: [phone] FAX: [phone]'i Internet: www.enr,state.nc.us/ENR
An Equal opportunity \ Afirmative Action Employer — 50% Recycled l 1 a% Post Consumer Paper

Goo. C riR. r. LEviNE „ '.
t .3EHAEL R. CARR
GEORGE V. LUHRUN
MILTO S LEVINE
R 4,NURPNIT MURRAY
AT ORN "" S AT LAW
1TE 602MEAN BROWN BUILDING
301 SOUTH 1 .cr O" LL STREET
rIARLOTTE, NORTH CAROLINA 28204
MICHAEL GREENE
CERTIFIED I MAIL
RETURN RECEIPT REQUEST
Office ofrlr rriristrativc Hearings
6714 Mail cr3 ice Center
Raleigh, Nt` ?7 9-671
Mr, Tart Oakley
NCDENR
Office of Gen ' reins l
mill' Tail Service Center
Raleigh, NC 276 9-1 1
tee 1.., vt
W
ti 17 Ira
late
It`27 994617
Please be
ARTTHUR GO
d I ! 0037
June , ?C)t14
of `i it Penalties
rlupn ent
County
s-0w0tli
rd Mr. Lcivis
0111
concerning
TELEPHONE
04-37- 770
TACONITE
704•3`72 63
atter,
inni p .. of a Petition f rr rr 'rrtrtcstct cost Ilcrrr i rrcl v ould
pprccirrtc it i1" you ould trrnss-<rrt1 ll futtcsp r cc it cllirlirrg 1 oticcs rat°Ile rings;
irectl\° tt 131!,° rlflic:,
Our 'cry

?LEASE PRINT CLEARLY OR TYPE
STATE OF NORTH CAROLINA
couvrY0F() Mecklenburg
IN THE OFFICE OF
ADMINISTRATIVE HEARINGS
(2) WiJJiam Waters
(your name) PETITIONER,
() NC epartment of Environment
and Natural Resources
RESPONDENT.
(The State agency or board about which you are complainin.g)
PETITION
FOR A
CONTESTED CASE HEARING
I hereby ask for a contested case hearing as provided for by North Carolina General Statute § 150B-23 because the Respondent has:
(Briefly state facts showing how you believe you have been harmed by the. State agency or board)
Petitioner was issued a valid and approved grading permit by the City
of Charlotte in 1997 which did not and has not expired according to
Mr. Jeff McDermott of the City of Charlotte Land Development Division.
Therinfore,, Mr. Waters obtained the necessary permit for stormwater
and is not in violation of any City or State requiremetts.
(If more space is needed, attach additional pages)
(4) Because of these facts, the State agency or board has (cheek at least one.
deprived me of property;
X ordered me to pay a fine or civil penalty; or
otherwise substantially prejudiced MY rights; AND
Ogb!e: June 23, 2004
from each column)
X exceeded its authority orjxisdiction
X acted erroneously;
failed to use proper procedure;
acted arbitrarily or capriciously; or
x failed to act as required by law or rule,
(6) Your phone number: ( )
(7) Print your full address: 7620 Baltusrol Lane, Charlotte, NC 2 210
(street addressitroThox) (city) (state) (zip)
(8) Print your name: .. _Waters
(9) Your signature: iLi9....ii' i I i... ,,,,/,‘ rict_
You must mail or deliver a COPY of this Petition to the State agency or board named on line (3) of this form. You should contact the agency or
board to deterroine the name of the person Lo he served.
CERTIFICATE OF SERVICE
I certify that this Petition has been served on the State agency or board named below by depositing a copy of it with the United States Postal Service
with sufficient postage affixed OR by delivering it to the named agency or board:
00)_Dan Oakley
(name of person served)
(1.2) Office of General Counsel, 1601
(street addressip.o. box)
(13) This the 23 day June
(14)
J
00 NCDENR
(State agency or hoard listed on line 3)
Mail Service Center, Raleigh27699-16
(state) (zip code)
?0 0 4
Ai(/4 CA/0-
(your signature)
Whenyou have completed this form, you MUST mail or deliver the ORIGINAL AND ONE COPY to the Office of Administrative Hearings, 6714
Mail Service. Center, Raleigh, NC 27699-6714,
B-001(i99)

RLEASE T CLEARLY OR TYPE
STATE OF NORTH CAROLINA.
COUNTY OF (1) Mecklenbu
IN THE OFFICE OF
ADMINISTRATIVE HEARINGS
(2) William Waters
(3)
Warne) PETITIONER,
NC Department of Environlr tent
and Natural Resources
RESPONDENT.
(The State agency or board about which you are complaining)
PETITION
FOR A
CONTESTED CASE HEARING
I hereby ask for a contested casehearing as provided for by North Carolina General Statute § 150B-23 because the Respondent has:
(Briefly state facts showing how you believe you have been harmed by the State agency or board.)
Petitioner was issued a valid and approved grading permit by the City
of Charlotte in 1997 which did not and has not expired according to
Mr. Jeff McDermott of the City of Charlotte Land Development Division.
Therefore, .. _Mr
and is not i n vi
e necessary Dermxt for stormwater
tate requirements.
(If more space is needed, attach additional pages.)
(4) Because of these 'facts, the State agency or board has:
deprived me of property;
X ordered me to pay a fine or civil penalty; or
otlmenvise substantially prejudiced my rights;
(5) Date; June 22004
(7) Print your frill address;
(.) Print your name.
(9) Your signature:
(check. at least one from each column)
X exceeded its authority car jurisdiction;
( acted erroneously;
AND failed to use proper procedure;
acted arbitrarily or capriciously; or
x failed to act as required by law or rule,
(6) Your phone nut
7620 Baltusrol Lane, Charlotte NC 2
_street address%p.o. 'box) (city; Mat ` tzip)
tern
)
5MA fV
You crust snail or deliver a COPY of this I'etito the State agency or board Warned on hr
hoard to determine the name of the person to be served,
CERTIFICATE OF SERVIC
1 certify that this Petition has been served on the State agency or board named below by depositing a copy of it with the United States Postal Service
swith ,sufficient postage affixed OR by delivering it to the named agency or board:
210
(10) Dan Oakley
(name of person se
02) Office ©f General Counsel,
(street address/p.o. box)
(1.3) This the 23 day of June
(14)
of this forms, You should contact the agency or
NCDENR
ate agency or board listed on line 3)
16©1 Mail Service Center, Raleigh,NC 27699-16
(city) (state) (zip code)
.20 04 .
When you have completed this form, you MUST mail or deliver the ORIGINAL ANI) ONE COPY to the Office of Administrative Hearings, 6714
Mail Service Center, Raleigh, NC 27699-6714.
H-06(11/99)

Michael F. Easley
Governor
William G. Ross Jr„ Secretary
Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Coleen H. Sullins, Deputy Director
Division of Water Quality
May 24, 2004
Mr. William Waters
7620 Baltusrol Lane
Charlotte, NC 28210
SUBJECT: Assessment of Civil Penalties
for Water Quality Violations
Bailewick Development
Mecklenburg County
File No)tr-2004-0003/
Dear Mr. Waters:
CERTIFIED MAIL
RETURN RECE.
RFO
OFFICE
JUN 2 2 2004
This letter transmits notice of a civil penalty assessed against you in the amount of $9,508.48
which includes S508.48 in investigative costs. Attached is a copy of the assessment document
explaining this penalty.
This action was taken under the authority vested in me by delegation provided by the Secretary
of the Department of Environment and Natural Resources and the Director of the Division of
Water Quality. Any continuing violation(s) may be the subject of a new enforcement action,
including an additional penalty.
Within thirty days of receipt of this notice, you must do one of the following three items:
1. Submit payment of the penalty:
Payment should be made to the order of the Department of Environment
and Natural Resources. Payment of the penalty will not foreclose further
enforcement action for any continuing or new violation(s). Do not include
the attached waiver form if making payment.
Please send payment to the attention of:
Mr. Steve Lewis
DWQ
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
Customer Service:
1-877-623-6748
Mailing Address:
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
ENR
Telephone [phone] Location:
Fax [phone] N, Salisbury St,
State Courier #52-01-01 Raleigh, NC 27699-1617
An Equal Opportunity / Affirmative Action Employer
50% recycled/ 10% post -consumer paper
http://h2e,enr.state.nc.us

OR
2. Submit a written request for remission or mitigation including a
detailed justification for such request:
A request for
mission 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 form and the attached "Justification for
Remission Request" which should describe why you believe:
(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:
Mr. Steve Lewis
DWQ
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
OR
Submit a written request for anadministrative hearing:
If you wish to contest any portion of the civil penalty assessment, 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

Mail or hand -deliver a copy of the petition to:
And to:
Mr. Dan Oakley
NCDENR
Office of General Counsel
1601 Mail Service Center
Raleigh. NC 2'7699-1601
Mr. Steve Lewis
DWQ
1617 Mail Service Center
Raleigh, North Carolina. 2'7699-1617
Failure to exercise one of the options above within thirty days, as evidenced by a
a postmark) indicating when we received your response, will result in this matter
to the Attorney General's Office with a request to initiate a civil action to collect
Please be advised that additional assessments may be levied for future violations
after the review period of this assessment.
date startip (not
being referred
the penalty.
which occur
If you have any questions, please contact Mr. Steve Lewis at (91) 733-5083, ext. 539 or Ms:
Linda Fitzpatrick at [phone], ext. 526.
JOP/scl
ATTACHMENTS
Sincerely.
Jeffrey O. Poupart Supervisor
Non -Discharge Compliance and Ertforcement Unit
cc: Rex Gleason, Mooresville Regional Supervisor attachments
t sone MR0 w/ attachments
File # OP-2004-0003 wi attachments
Central Files svi attachments
Susan Massengale, PIO w! attachments

STATE OF NORTH CAROLINA ENVIRONMENTAL MANAGEMENT
COMMISSION
COUNTY OF MECKLENBURG
IN THE MATTER OF ASSESSMENT
OF CIVIL PENALTIES AGAINST
WILLIAM WATERS
)
)
WAIVER OF RIGHT TO AN
ADMINISTRATIVE HEARING AND
STIPULATION OF FACTS
FILE NO. OP-2004-0003
Having been assessed civil penalties totaling 9 508.48 for
violation(s) as set forth in the assessment document of the Director of the Division of Water Quality
dated May24, 2004 , 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 roust 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
SIGNATU
ADDRESS
TELEPHONE

JUSTIFICA LION FOR REMISSION REQUEST
DWQ Case Number: OP-2004-0003
Assessed Party: William Waters
Permit No. (if applicable): N/A
County: Mecklenburg
Amount Assessed: $9,508.48
Please use this form when requesting remission of this civil penalty. You must also complete the
"Request For Remission, Waiver of Right to an Administrative Hearinz, and Stipulation of
Facts" form to request remission of this civil penalty. You should attach any documents that
you believe support your request and are necessary for the Director to consider in evaluating
your request for remission. Please be aware that a request for remission is limited to
consideration of the five factors listed below as they may relate to the reasonableness of the
amount of the civil penalty assessed. Requesting remission is not the proper procedure for
contesting whether the violation(s) occurred or the accuracy of any of the factual statements
contained in the civil penalty assessment document. Pursuant to N.C.G.S. § 143B-282.1(c),
remission of a civil penalty may be granted only when one or more of the following. five factors
applies. Please check each factor that you believe applies to your case and provide a detailed
explanation, including copies of supporting documents, as to why the factor applies (attach
additional pages as needed).
(a) one or more of the civil penalty assessment factors in N.C.G.S. 143B-282.1(b)
ronefullv *ed to the detriment of the etitioner (the assessment factors are listed in
the civil penalty assessment document);
(b) the violator promptly abated continuing environmental damage resulting from the
violation (i.e., explain the steps that you took to correct the violation and prevent future
occurrences);
(c) the violation was inadvertent or a result of an accident (i.e., explain why the
violation was unavoidable or something you could not prevent or prepare for);
(d) the violator had not been assessed civil penalties for any previous violations;
(e) payment of the civil penalty will prevent payment for the remaining necessary
remedial actions. (i.e.., explain how payment of the civil penalty will prevent you from performing
the activities necessary to achieve compliance).
EXPLANATION attach additional pages as necessary):

STATE OF NORTH CAROLLNA
COUNTY OF MECILENBURG
IN THE MATTER OF
WILLIAM WATERS
FOR VIOLATIONS OF
NCGS 143-215.1,
15A NCAC 02H .0126,
15A NCAC 02H ..0500,
AND 15A NCAC 02B .021.1('2)
NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND
NA`I`RAL RESOURCES
FILE NO. OP-2004-0003
FINDINGS AND DECISION
AND ASSESSMENT OF
CIVIL PENALTIES
Acting pursuant to delegation provided by the Secretary of the Department of
Environment and Natural Resources and the Director, of the Division of Water Quality, I, Jeffrey
O. Poupart, Supervisor of the Non -Discharge Compliance and Enforcement Unit of the Division
of Water Quality (DWQ), make the following::
FLN.DINGS OF FACT:
A. Mr. William Waters is the landowner of record for the tract known as the
Bailewick Development, located on Windy Ridge Rd. in Charlotte, Mecklenburg
County, North Carolina.
B. Construction of the Bailewick project began in 198.8. Mecklenburg County issued
the original permit for grading of the site that same year. The original permit
expired and was reissued in 1997. This permit subsequently expired in 2000. The
project is currently operating without an approved grading permit per Mr. Jeff
McDermott of the City of Charlotte Land Development Division.
C. Mr. Waters failed to obtain Storrnwater General Permit No_ NCG0I000 for the
site in accordance with NCGS 143-215.1(a) and 15A NCAC 02H .0126. This
permit is issued upon approval and issuance of the grading permit for the site by
the delegated governmental authority, which in this case is the City of Charlotte
Land Development Division.
D. On November 24, 2004, Mssr. Alan Johnson and Barry Love with the
Mooresville Regional Office (MRO) of DWQ conducted an inspection at the
Bailewick Development project. Stream impacts (culverts and rip -rap) to
approximately 400 linear feet of an unnamed tributary to Fourmile Creek were
observed. Fourmile Creek is Class C waters of the State in the Catawba River
Basin.

E. A Notice of Violation/Recommendation for nt was issued by MR0 to
Mr. Waters on January 28, 2004.
F. On February 5, 2004, MR0 received Mr. Waters' response to the Notice of
Violation/Recommendation for Enforcement wherein he stated that approval for
the project was received in 1988. No documentation was provided.
G. On February 12, 2004, IVIRO requested more information/documentation
regarding the aforementioned approval. Also, Mr. Waters was notified that if
information/documentation could not be provided then an "after -the -fact"
Preconstruction Notification (PCN) form should be submitted for approval of the
impacts. No PCN has been received as of April 12, 2004.
H. On February 25, 2004, Mr. Alan Johnson (DWQ) and Ms. Amanda Jones with the
U.S. Army Corps of Engineers (COE) met with Mr. Waters at the Bailewick site
to discuss the impacts. At that meeting it was learned that in addition to the 400
linear feet of unapproved stream impacts, Mr. Waters planned to impact
approximately 140 more linear feet of stream in order to construct a house
The COE has no record indicating that approval had been given for any impact to
the stream or that approval had been requested.
The cost to the State of the enforcement procedures in this matter
Based upon the above Findings of Fact, 1 make the following:
CONCLUSIONS OF LAW:
o al
d $508.48..
A. Mr. Waters is a "person" within the meaning ot G 5 143-215.6A pursuant to G.S.
143-212(4).
B. The unnamed tributary to Fourmile Creek constitutes waters of the State within
the meaning of G.S. 143-212(6),
C. Under G.S. 1.43-215.1(a), a permit is required to cause or permit. discharges
regulated under G.S. 143-21.4.7,
D. Mr. Waters violated 15A NCAC 02H .0126 pursuant to G.S. 143-2.15.1(a) by
failing to obtain Stormwater General Permit NCG010000.
E. Mr. Waters violated 15A NCAC 02H .0500 by failing to apply for and obtain a
401 Water Quality Certification for the impacts to the stream.

F. Mr. Waters violated 15A NCAC 02B .0211 (2) (Preclusion of Best Usage) by
impacting greater than 400 linear feet of stream by installing culvert and riprap
resulting in the destruction of aquatic habitat.
G. Mr. Waters may be assessed civil penalties in this matter pursuant to G.S. 143-
215.6A(a)(2), which provides that a civil penalty of not more than twenty-five
thousand dollars ($25,000) per violation per day may be assessed against a person
who is required but fails to apply for or to secure a permit required by G.S. 143-
215.1, or who violates or fails to act in accordance with the terms, conditions, or
requirements of such permit or any other permit or certification issued pursuant to
authority conferred by this Part.
Mr. Waters may be assessed civil penalties in this matter pursuant to G.S. 143-
215.6A(a)(1), which provides that a civil penalty of not more than twenty-five
thousand dollars ($25,000) per violation per day may be assessed against a person
who violates any classification, standard, limitation, or management practice
established pursuant to NCGS 143-215, 143-215.1, or 143-215.3.
The State's enforcement cost in this matter may be assessed against the violator
pursuant to NCGS 143-215.3(a)(9) and 143B-282(b)(8).
The Supervisor of the Non -Discharge Compliance and Enforcement Unit,
Division of Water Quality, 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.
Based upon the above Findings of Fact and Conclusions of Law, I make the following:
DECISION:
508.48
5
for failure to obtain Stormwater General Permit NCG01000
in violation of NCGS 143-215,1(a).
for failure to obtain a Water Quality Certification prior to
impacting waters of the state in violation of 15A NCAC
02H .0500.
for removal of the natural stream habitat in violation of
15A NCAC 02B .0211 (2) (Preclusion of Best Usage).
TOTAL civil. PENALTY
Enforcement costs
TOTAL AMOUNT DUE

As required by C .S. l -215_ A(c), xr detemiining the amount of the pen alt ^ 1 have
considered the factors listed in .S. l . - S .l(6), which e
(4)
5
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;
The duration and gravity<of the violation;
The effect on ground or surface water quantity r quality nr on air
The cost of rectifying the damage;
The amount of money saved by nanco pl ce
Whether the violation was committed willfully or intentionally;
quality;
The prior record of the violator in complying or failing to comply with programs
over which the Environmental Management Commission has regulatory authority;
The cost to the State of the enforcement procedures.
ey , Poupart, Supervisor
Non -Discharge o pli ce and Enforceta ent Unit
Division of Water Quality

WATER QUALITY SECTION
April 13,2004
Memorandum:
TO: Jeff Poupart
FROM: D. Rex Gleason
PREPARED BY: Alan D. Johnson.
SUBJECT:
Enforcement Recommendation
Waters Construction Company, Inc.
Bailewick Development, Charlotte, NC
Violation ofNCGS 143-215.1,
NCAC 15A 2H .0126,
15A NCAC 2H .0500,
AND 1 ..A NCAC 2B .0211(2
Mecklenburg County, NC
Enclosed is an enforcement recommendation package for the Bailewick Development
project in Charlotte, NC. Mr. Alan Johnson of this Office conducted an initial site
inspection on November 24, 2003. A Notice of Violation with a Recommendation For
Enforcement was issued on. January 28, 2004 for the failure to obtain a 401 Water Quality
Certification for approximately 400 linear feet of stream impact. As of this date no
application has been received for approval of the noted impact.
On March 31, 2004, upon request from DWQ, the City of Charlotte provided a portion of the
original (1988) site plan for the Bailewick Development project. The original plan proposed 513
linear feet of impact (culverts) to the stream. Three hundred feet of the proposed impact had
been completed, plus an additional 100 linear feet of stream impacts that were not included in the
plan have also been completed. Aerial photos taken in 2002 showed the only impact completed
at that time was approximately 50 linear feet (stream/road crossing) of the proposed 513 linear
feet shown in the original plan.

STATE OF NORTH CAROLINA
COUNTY OF MECKLENBURG
IN THE MA I LER OF
WATERS CONSTRUCTION
COMPANY, INC.
FOR VIOLATIONS OF
NCGS, 143-215.1,
NCAC 15A 2H .0126,
15A NCAC 2H .0500,
AND 15A NCAC 2B .0211(2)
NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND
NATURAL RESOURCES
FILE NO. OP — 2004-0003
FINDINGS AND DECISION
AND ASSESSMENT OF
CIVIL PENALTIES
Acting pursuant to delegation provided by the Secretary of the Department of Environment and
Natural Resources, I, Jeff Poupart, Supervisor, Non -Discharge Compliance/Enforcement Unit, Division
of Water Quality (DWQ), make the following:
I. FINDINGS OF FACT
A. Mr, William Waters (owner, Waters Construction Company, Inc.) is the landowner of
record for the tract known as the Bailewick Development, located on Windy Ridge Rd, in
Charlotte, Mecklenburg County, North Carolina.
B. Construction of the Bailewick project began in 1988. Mecklenburg County issued the
original permit for grading of the site that same year. The original permit expired and
was reissued in 1997. This permit subsequently expired in 2000, The project is currently
operating without an approved grading permit per Mr. Jeff McDermott of the City of
Charlotte Land Development Division.
C. Mr, Waters failed to obtain Stormwater General Permit No. NCG01000 for the site in
accordance with NCGS 143-215.1(a) and 15A NCAC 2H .0126. This permit is issued
upon approval and issuance of the grading permit for the site by the delegated
governmental authority, which in this case is the Charlotte Land Development Division
of Mecklenburg County.
D. On November 24, 2004 Mssr. Alan Johnson and Barry Love with the Mooresville
Regional Office of the Division of Water Quality (DWQ) conducted an inspection at the
the Bailewick Development project. Stream impacts of approximately 400 linear feet
were observed.
E. A Notice of Violation./Recommendation For Enforcement was issued by the Mooresville
Regional Office (MRO) on January 28, 2004.
F. On February 5, 2004, DWQ's Mooresville Regional Office received Mr. Waters'
response to the Notice of Violation/Recommendation For Enforcement wherein he stated
that approval for the project was received in 1988. No documentation was provided.
G. On February 12, 2004 the MRO requested more information/documentation regarding the
aforementioned approval. Also Mr. Waters was notified that if information/
documentation could not be provided then an "after -the -fact" Preconstruction
Notification (PCN) form should be submitted for approval of the impacts. No PCN has
been received as of April 12, 2004.

H. On February 25, 2004 Mr, Alan Johnson (DWQ) and Ms. Amanda Jones with the U.S.
Army Corps of Engineers (COE) met with Mr. Waters at the Bailewick site to discuss the
impacts. At that meeting it was learned that in addition to the 400 linear feet of
unapproved stream impacts, Mr. Waters planned to impact approximately 140 more
linear feet of stream in order to construct a house.
The COE has no record indicating that approval had been given for any impact to the
stream or that approval had been requested.
The unnamed stream/tributary to Four Mile Creek is located within the boundaries of the
tract known as the Badewick Development and is a Class C waters in the Catawba River
Basin,
K. The cost to the State of the enforcement procedures in this matter totaled $ 508.48
Based upon the above Finding of Fact, I make the following:
CONCLUSIONS OF LAW
A. Mr. Waters is a "person" within the meaning of G.S. I43-215.6A pursuant to G.S. 143-
212(4),
B. The unnamed tributary to Four Mile Creek located at the site constitutes waters of the
State within the meaning of G.S. 143-212(6).
C. Under G.S. 143-215.1(a), a permit is required to cause or permit discharges regulated
under G.S. 143-214.7.
Mr. Waters violated North Carolina Administrative Code 15A 2H .0126 pursuant to G.S.
143-215.1(a) by the failure to obtain Stormwater General Perrnit NCG010000.
Mr. Waters violated North Carolina Administrative Code 15A .02H .0500 by failing to
apply for and obtain a 401 Water Quality Certification for the impacts to the stream.
F. Mr. Waters violated North Carolina Administrative Code 15A .02B .0211 (2) (Preclusion
of Best Usage) by installing in excess of 400 linear ft. of culvert and riprap in the stream
resulting in the destruction of aquatic plant/animal habitats.
G. Mr. Waters may be assessed civil penalties in this matter pursuant to NCGS 143-
215.6A(a)(2), which provides that a civil penalty of not more than twenty-five thousand
dollars ($25,000) per violation per day may be assessed against a person who is required
but fails to apply for or to secure a permit required by G.S. 143-215.1, or who violates or
fails to act in accordance with the terrns, conditions, or requirements of such permit or
any other pen -nit or certification issued pursuant to authority conferred by this Part.
H. Mr. Waters may be assessed civil penalties in this matter pursuant to NCGS 143-
215.6A(a)(1), which provides that a civil penalty of not more than twenty-five thousand
dollars ($25,000) per violation per day may be assessed against a person who violates any
classification, standard, limitation, or management practice established pursuant to NCGS
143-215, 143-215.1, or 143-215.3.
1. The State's enforcement cost in this matter may be assessed against the violator pursuant
to NCGS 143-215.3(a)(9) and 143B-282(b)(8).

Jeff Poupart of the Division of Water Quality, pursuant to delegation provided by the
Secretary of the Department of Environment and Natural Resources, has the authority to
assess civil penalties in this matter.
Based upon the above Findings of Fact and Conclusions of Law, I make the fol
1TL DECISION
Accordingly, Mr. William. Waters is hereby assessed a civil penalty of:
owing:
S for failure to obtain Stormwater General Permit NCGO1004 in violation
of NCGS 143-215.1(a).
for failure to obtain a Water Quality Certification from DWQ prior to
impacting waters of the state in violation of NCAC .02H .0500.
for removal of the natural stream habitat in violation of NCAC 02B
.0211 (2) (Preclusion of Best Usage).
TOTAL CIVIL PENALTY, authorized by G.S. 143-215.6A.
$ 508.48 Enforcement Cost
TOTAL AMOUNT DUE
As required by G.S. 143-215.6A(c), in determining the amount of penalty 1 considered the factors set out.
in G.S. 143B-282.1(b), which are;
(6)
(7)
The degree and extent of harm to the natural resources of the State, to the public health or to
private property resulting from the violations;
The duration and gravity of the violations;
The effect on ground or surface water quantity or quality;
The cost of rectifying the damage;
The amount of money saved by noncompliance;
Whether the violations were committed willfully or intentionally;
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
Date
Jeff Poupart
Division of Water Quality

DIVISION OF WATER QUALITY
ENFORCEMENT CASE FACTORS
Type:
certification.
Violations of surface water standard and failure to obtain a water quality
Violator: Mr. William Waters, owner
Waters Construction Company
Address: 7620 Baltusrol Lane
Charlotte, NC
Location: Bailewick Project
Windy Ridge Rd,, Charlotte, Mecklenburg County, NC
Regional Office: Mooresville
• The degree and extent of harm to the natural resources of the State, to the public health, or to
private property resulting from the violations;
Mr. William Waters is the owner of a tract of land known as the Bailewick Development
located on Windy Ridge Rd. in Mecklenburg County, NC.
Approximately 400 linear feet of stream was impacted (removed from the natural biological
system) due to the installation of culverts and riprap placed in the stream channel. The
culverts effectively removed portions of the stream's ability to provide aquatic habitat and
other biological functions,
2. The duration and gravity of the violations;
The culverts are permanent. The placement of the culverts was to allow for the extension of
yard area for homes to be constructed, andior to allow the actual construction of the home due to
the placement of the lot in close proximity to the stream.
There is no documentation that prior approval was sought or received from the Army Corps of
Engineers or the Division of Water Quality. Further, the Notice of Violation (NOV) issued by
the DWQ on January 28, 2004 requested that the owner apply for a 401 Water Quality
Certification. As of April 6, 2004 no application has been received.
The effect on ground or surface water quantity or quality or on air quality;
The installation of the culverts (66-inch diameter) has removed the stream from the biological
system. As such, the riffle pools, streambed substrate, and the respective biotic habitat available
for aquatic life has been permanently destroyed.
4. The cost of rectifying the damage;
The cost for rectifying the damage is difficult to provide. The main costs would result from the
removal of the culverts and the restoration of the stream (400 linear feet) to its original state.
The cost associated with the damage to the aquatic habitat is unlaiown.
5. The amount of money saved by noncompliance;
Based on the length of stream that has been culverted (piped), at minimum, the money saved
by Mr. Waters' failure to apply for and receive approval for the observed impact is
approximately S80,000.00. This is based on the mitigation cost that would have been paid
into the Ecosystem Enhancement Program for the impact.

6. Whether the violations were committed willfully or intentionally;
Mr. Waters has been in the construction business since 1965. Given his tenure in the business it
is difficult to believe that he was not aware of the requirements regarding impacts to waters of
the state or waters of the United States, The Army Corps of Engineers was not notified of the
proposed impacts at the site.
Mr. Waters is c
Charlotte.
.ntly operating without an approved grading permit from the City of
7. The prior record of the violator in complying or failing to comply with programs over which the
Environmental Management Commission has regulatory authority;
DWQ has had no record of any previous dealings with the Mr. Waters,
8. The cost to the State of the enforcement procedures.
Central Office Review and Processing = $ 100.00
15 hours by investigators for investigating and
drafting report(s) @ 18.24/hr. = $ 273.60
3.0 hour by Water Quality Regional Supervisor
for review @ $39.96/hr. = $ 119.88
1 hour for clerical support @ $15.00/hr. = $ 15.00
TOTAL = $ 508.48
9. Violators degree of cooperation (including efforts to prevent or restore or recalcitrance):
No documentation has been provided showing that approval has been obtained for the
impacts. No Pre -Construction Notification (PCN) fonti has been submitted to obtain an
-after-the-fact" approval for the impacts. Mr. Waters was inforrned in November 2003
during the initial site visit and again in February 2004 via written communication that a PCN
would be required if no documentation was forth coming showing that approval was received
for the stream impact.
10. Mitigating circumstances:
None.
11, Assessment Factors:
a) IWC: NA
b) Receiving Stream: An unnamed stream/tributary to Four Mile Creek
c) Damage: Failure to secure a 401 Certification, Removal of Best
Useage

CERTIFIED MAIL
Return Receipt Requested
Mr. William Waters
7620 Baltusrol Ln,
Charlotte, NC 28210
Dear Mr. Waters:
Michael F. E.asle7; Governor
William G. Ross Jr.. Secretary'
North Carolina Department of Environment and Natural Rsour=
Alan W. Klimek, P. E, Director
Division of Water Quality
Coleen H Sullins, Deputy Director
Division of W21CT Quality
WATER QUALITY SECTION
January 28, 2004
7003 2260 0001 3491 1449
Subject: Notice of Violation
Recommendation For Enforcement
401 Water Quality Certification
Bailewick Subdivision
Mecklenburg County, NC
On November 24, 2003, Mr. Alan Johnson of this office conducted an inspection of the site on
Windy Ridge Rd. in Mecklenburg County. Based on his inspection, it was determined that over 400
linear feet of stream had been impacted for the construction of a road crossing and for extention of "yard"
areas for potential home sites. A review of our records indicates that no 401 Water Quality Certification
has been issued for this impact. This letter is being issued as a Notice of Violation and Notice of
Recommendation For Enforcement for the violation of 15A North Carolina Administrative Code (NC.A.C)
02B .0211 and .02H .0500 pursuant to NCGS 143-214.1.
If you have an explanation for the noted violations that you wish to present, please respond in
writing within fifteen (15) days following the receipt of this notice. Your explanation will be
reviewed and if an enforcement action is still deemed appropriate, your explanation will be
forwarded to the Director with the enforcement package for his consideration, Please note that these
violations and any future violations are subject to civil penalty assessments of up to $25,000.00 per
day for each violation.
Please be advised that pursuant to Army Corps of Engineers (ACOE) and North Carolina Division
of Water Quality (the Division) regulations prior approval is required before initiating any activity that
would disturb more than 150 linear feet of stream channel. It should also be noted that it is the
responsibility of the ACOE to determine whether or not any channel being impacted is indeed a stream
for which they may claim jurisdiction.
In order to obtain the Division's approval for the stream impact, seven (7) copies of the Pre -
construction Notification Application (PCN) should be completed and returned along with supporting
maps and documentation to the addresses listed in the application. Please make sure that all maps
One
NorthCarolina
,Naturagy
E
N. C. Division ofWaerQuafltv, MooresviileRegional Othc, 919 North Main Street, Mooresville NC 28115 [phone] Customer Service
1-877-623-6748

submitted with the application are of suitable scale em . l , 100') and delineate all impacted streams,
ponds, and/or wetlands on the project site. Downloadahle copies of the Division's General Certifications
as well as the PCN can be accessed at the Division's Wetland web page:
2o ehn
ste.r
us/'
e
rids/
If you do not have access to this web page, please contact this Office at the phone number listed below
and a copy of the PCN . l be forwarded to you. If you have already filed for 401 certification, please
disregard this notice. You should also note that issuance of an ACOE 404 Permit or receipt of a written
ALOE delineation verification does not relieve you of your responsibility ofdetermining the need for a
41 Water Q " y Certification from the Division of Water Quality prior to proceeding with any c el,
or wetland impacts.
If you have questions regarding
1699.
is
Cc: Steve Gudiardi Mecklenburg o
lohnDo ey — Wetlands Unit
nda Jones - USACOE
File
p
ase contact
ohnson or r
D. Rex P.E.
at
74 3-
Water Quality Regiona Supervisor

�L a � �:, r L: 4-.. a 4`�

E

7003 226©
U.S. Postal Service.,
CERTIFIED MAiLTM RECEIPT
(domestic Mall Only; Nt insurance Coverage Provided)
MR WILLIAM WATERS
7620 BALTUSROL LANE
CHARLOTTE NC 28210
wq/aj 1/28/04
PS Form 3000„ June 2002 See Reverse for instructions
SENDER: COMPLETE THIS SECTION
Complete items 1, 2, and 3, Also complete
item 4 if Restricted Delivery is desired.
Print your name and address on the reverse
so that we can return the card to you.
• Attach this card to the back of the mailpiece,
or on the front if space permits.
< Article Addressed to:
MR WILLIAM WATERS
7620 BALTUSROL LANE
CHARLOTTE NC 28210
wglaj 1128104
COMPLE'
THIS SECTION ON DELIVERY
Date of Delivery
Addre
Is delivery address different from item 17 Gi Yes
If YES, enter delivery address below: 0 No
ied Mail 0 Express Mail
© Return Receipt for Merchandise
all 0 C.O.D.
4, Restricted
I've
ra Fee) 0 Yes
2. Ari
7003 2260 0 f1 2491 1449
PS Form 38r11, July 1999
Domestic Return Receipt 102595-99-M-1789

Mizhad F Easley, vei-ri
William G Ross Jr.. Secretary
North Carolina Departrnern of Environment and Naniral Resources
Jan Vs." 1.0irnek, P. Direcior
Division of Water Quality
Cohn Ft Sullins. Deputy Director
Division of -Water Quality
February 12, 2004
Mr, William Waters
7620 Baltusrol
Charlotte, NC 28210
Subject: 401. Water Quality Certification
Bailewick Subdivision
Mecklenburg County, NC
Dear Mr. Waters:
On February 10, 2004 this office received your response to the Notice of Violation (NOV) and Notice of
Recommendation For Enforcement, issued on January 28, 2004, by this office, for stream impacts at the Bailewick
Subdivision. In your response you mentioned that you had received approval for the impacts; however, you failed
to identify who gave the approval. Please provide a copy/documentation of the approval to this office.
If the impacts were permitted/approved by the Army Corp of Engineers (ACOE) in 1988 then that
permit/approval would have expired prior to the stream impacts taking place. As stated in the NOV issued on
January 28, 2004, we have reviewed our files and have been unable to locate any application to, or approval from,
the Division of Water Quality (DWQ) for the stream impact.
If documentation of approval cannot be provided then an "after:the-fact" PreConstruction Notification
(PCN) form must be submitted to both the ACOE and DWQ for approval. Seven (7) copies of the PCN should be
completed and returned along with supporting maps and documentation to the addresses listed in the application.
Downloadable copies of the Division's General Certifications as well as the PCN can be accessed at the Division's
Wetland web page:
http://h2o.ehnnstate.nc.usinewetlands/
If you do not have access to this web page, please contact this Office at the phone number listed below and a copy
of the PCN will be forwarded to you.
Failure to provide documentation of approval for the noted impact may result in this office pursuing
enforcement for any violations that have occurred. If you have any questions, please contact Mr. Alan Johnson or
me at (704) 663- 1699,
Sincerely,
4777,74:
D. Rex Gleason, P.E.
Water Quality Regional Supervisor
Cc: Steve Gudiardi — Mecklenburg County
John Dorney — Wetlands Unit
Amanda Jones — USACOE
File
orr 41176
NorthCaro] i n a
,A7ablraily NZDENR
N. C. Division of Water Quality, Mooresville Retional Office, 919 North Main Street, Mooresville NC 28115
[phone] Costume.. Service`
1-877-623-6748

Michael F. Easley. Cit/ve
William G. Ross Jr„ Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek. P,E. Director
Division of Water Quality
October 27, 2005
CERTIFIED MAIL
Return. Receipt Requested
Mr, William Waters
7620 Baltusrol Ln.
Charlotte, NC 28210
Subject: Notice of Violation and Notice of
Recommendation For Enforcement
For Continuing Violation
401 Water Quality Certification
Bailewick Subdivision
Mecklenburg County, NC
Dear Mr, Waters:
On January 28, 2004 this office issued a Notice of Violation and Notice of Recommendation. for
Enforcement for failure to obtain a 401 Water Quality Certification for stream impacts observed at the subject
site (attached). As of this date no application has been submitted to the Division of Water Quality (DWQ) to
obtain a 401 Water Quality Certification. Until such tirne that a 401, certification has been issued by DWQ and
the unapproved stream impacts have been mitigated, this site remains in violation of 1.5A North. Carolina
Administrative Code (NCAC) 02B .0211 and .02H .0500, pursuant to NCGS 143-214,1, and the violations are
subject to continuing penalties as provided for in NCGS 1.43-21.5.6 (a).
If you have an explanation that you wish to present, please respond in writing within fifteen (15)
days following the receipt of this notice. Your explanation will be reviewed and forwarded to the Director
with the enforcement package for his consideration.
If you have questions regarding this matter, please contact Mr. Alan Johnson or me at (704) 663- 1699.
Sincerely,
D. Rex Gleason, P.E.
Surface Water Protection
Regional Supervisor
Cc: David Caldwell — Mecklenburg County
Danny Smith — Compliance/Enforcement
Amanda Jones — USACOE'
Central Files
North Carolina Division of Water Quality 610 East Center Ave., Suite 301
Internet: h2o.enr.state.nc,us
An Equal Opportunity!Atffrmative Action Employer— 50% Recycled/10% Post Consumer Paper
Mooresville, NC 28115
Irzthiolina
fly'
Phone [phone] Customer Service
FAX [phone]

Responsible
Party Bill Waters
Address 7620 Baltusol Lane
Charlotte, NC 28210
Telephone Number 704-451-1020
'
r
(
Action ID: 200430608
' CORPS OF ENGINEERS
Wilmington District
County: Mecklenburg
PIC t:tT.
NOTIFICATION OF UNAUTHORIZED AL -71"Y / PERMIT NONCOMi*WACE RESOURCES
ONAL OFFICE
MAR 1 5 2004
Size and Location of Property (waterbody,Highway name/number, town, etc.): The site is located
on the east side of the new Windy Ridge Road extension in the Bailewick Subdivision, which is located
on the west side of Hugh Forest Drive, south of Pineville -Matthews Road, in Charlotte, Mecklenburg
County, North Carolina.
Description of Unauthorized Activity Permit Noncompliance: Installed culverts and placed fill in
approximately 300 linear feet of an unnamed tributary to Fourmile Creek in the Catawba River Basin.
Purpose of fill was for lot development.
Indicate Which of the Following Applv:
X Unauthorized Activity
Noncompliance with Permit
River and Harbor Act, Section 10 (33 USC 403)
X Clean Water Act, Section 301 (33 USC 1311)
Unless you have a Department of the Army Permit for the above described activity, it is a violation of federal law
as specified above. You have agreed to do no further work in waters or wetlands without the required Department
of the Arrny Perrnit. Any further unauthorized work in waters or wetlands will be considered an intentional
violation of federal law, If you do no further work in waters and wetlands, and perfoini the remedial action
requested below, the Corps of Engineers will take no further action in this matter. If you continue to
work in waters and wetlands without the required authorization, and/or fail to perform the requested
remedial action, the Corps will take further administrative action, and may request the U.S. Attorney to
file suit against you. If you need further information about the Corps of Engineers regulatory program,
please contact Amanda Jones at telephone number 828 271-7980 x.231
Remedial Action Requested: A Pre -Construction Notification (PCN) should be submitted to our office
as discussed in our February 25, 2004 on -site meeting. No more work in stream channels should occur
until you have written authorization. The PCN should be submitted to this office by March 19, 2004, or
this matter may be referred to the U.S. Attorney for appropriate action, As discussed, the PCN should
include information concerning avoidance and minimization measures along with a mitigation plan to
offset stream channel impacts that have occurred on the property.
Your signature acknowledges receipt of this notification. Return a signed copy of this notification to
the Asheville Regulatory Field Office at 151 Patton Avenue, Room 208, .Asheville, NC 28801-5006.
Property Owner / Responsible Party Signature
Regulatory Project Manager Signature
Date March 8, 2004
CTION

CF: CDENR-DWQ Morill Regional Office
eDermot, -I-Charlotte-Land Dev l nt & Planning, 600 E. 4 Str Vt, h rl t , NC 2 202

MS Viewer
Page 1 of 1
http://mag ' .c©,mecklenburg.nc,sus!website/realestate/MapFrame.htm 2/26/2004

Mecklenburg County, NC POLARIS
Page 1 of 1
ck enburg County, North Carolina
POLARIS
Property Ownership Land Records Information System
Date Printed, Thu Feb 261109:02 EST 2004
iThis map is prepared for the inventory of real property within Mecklenburg County and is compiled from recorded deeds, plats, maps surveys,
planimetric maps, and other public records and data Users of this map are hereby notified that the aformentioned public primary information
sources should be consulted for verification. Mecklenburg County and its mapping contractors assume no legal responsibility for the information
contained herein.
*' a -
Cort?c,,
as—
http://maps2.co.mecklenburg,nc.usfservlet/con-Lesri,esrimap,Esrimap?ServiceName=RealE,.. 2/26/2004

ArcIMS Viewer
Page 1 of 1
a r,
http,,/maps2.co.rnecklenburg.ne.0 lwebsite/ lestate[MapFrame.ht l 2/2 ,=/2 04

Mecklenburg County, NC POLARIS
Page 1 of 1
cklenburg County, North Carolln
POLARIS
Property Ownership Land Records Information Systern
Date Printed: Thu Feb 26 1309:02 EST 2004
This map is prepared for the inventory of real property within Mecklenburg County and is compiled fum recarded deeds, plat, tax maps. surveys,
olanirnetric maps, and other public records and data. Users of this map are hereby notified that the aformentioned public primary information
urces should be consulted for verification. Mecklenburg County and its mapping contractors assume no legalresponsibility for the information
ntained herein.
hap:// ps2.co., enbur.nc.usfservleticom,esrLesrimap,Esrimap?ServiceName=RealE.. 2/26/2004

JPEG image 640x48() pixels
3/4/2
4
:25AM

JPEG image r4©x480 pixels
1 of 1 3✓4/20048:28 AM

JPEG image 640x480 pixels
C'r\ Cl Etl
1 of 1
3/4/2004 8:23 AM

IA

\i a x,« :nq «
'n2O

311o1atH:

Bailewick Subdivision
Subject: Eiallervta Subdo,Ision
From: "McDermot', Jeffrey" ,:[e-mail] ne us.
Date: Wed, 30 Nov 2005 11.14:05 -0500
let "Alan Johnson" <Alan,Johnson,le:rnetuall net't
Alan,
Here are pictures from April of 2003, P also have as-buills turned in by a professional engineer showing the pipe nal extended in Septerntier of 2003, so we knOW 11 must have occurred
after that elI bring and al the other relevant information lo Concord tomorrow. If I don't talk to you today pease have Nancy call me to lel me know wen/where we should meet
lloinorrew.
Thanks, c,April 21 2003 0201 legs> ‹‹Apnl 21 2003 015 jug.” ‹April 21 2003 014,jpg»
CPESC
Erosion Control Coordinator
City of Charlotte
Engineenng and Property Management
Land Development Division
PH'; 704 ) 336-7272
MOB;[phone]
FAX [phone]
EMAIL jmcdermotl@cLchadolte ric us
1 of 3
1 1/30/2005 12:00 PM

Alan,
Here are pictures from April of 2003. I also have s-builts turned in by a professional engineer
showing the pipe not extended in September of 2003, so we know it must have occurred after
that. I will bring and of the other relevant information to Concord tomorrow. If l don't talk to you
today please have Nancy call me to lot me know when/where we should meet tomorrow
Thanks, <April 21 2003 0201.Jp April 21 2003 015.jpg> <April 21 2003 1 .1p '
Jeffrey J. McDermott, CPESC
Erosion Control Coordinator
City of Charlotte
Engineering and Property Management
Land Development Division
H;70) 336-7272
IB:(70)517-.597'5
FAX;[phone]
IL. [e-mail]

stipulations
Subject: stipulations
From: "Nancy Dunn" <NRDT, NN41)ncdoj.corrt>-
,,„
Date: Thu, 29 Dec 2005 15:57:39 -0500
To: <Alan.JohnsonaIncruail.net>, <danny.stnithAncmaii.net>, <jeffpoupart@nernail,net>
gc 1 1 tipitlidniann -3 1 1 1 V 3CJ theay.„
Oho. fitot tow aro. Yoty ftnobadvatnlho1I 1 1 hantontoo tab ldaatt.
:nonoshorily on-roe:that hno• is• tido: ond• accurateonAllaff and I. taond. o .diottopncyd
doI3dt. floodialatalIy• opUoo that thoy oppodypdotlan AOPOfjto.
dkadri:bod. In tlflo.plan. tho way•• It• vas- inplenlontoA. In. fonto an4.-we.do11t 1 1 3o3l:1y
otlteo that thoy got: anttnteh• apif...hyvalogAt wona tla0:::......$411ive• PIA:1)Y il 1doo ha
.1.d.po of. tho lEthat.• oupo. uht.nn.1••woold. alffoIdtoIy•ingtatatattaridO aa.
• "additalonais appToval g -that:fa •IIIO:ro•atl..o. lltoapprovallItand•HtdO .0iffOrentan•is••inexadilally
atgma.flAoant. data) Anyyayo pohn.o,•Mhon• yoo i 3 dfl 1 klnpw fqnat thdako.
ThatlIthd.13
stipulations draft from Dave.DOC Content -Type: applieationiinsword
Content -Encoding: base64
1 of 1 113/2006 8:1.2 AM

STATE OF NORTH CAROLINA IN THE OFFICE OF ADMIN1STRA°TfIVE
HEARINGS
COUNTY OF MECKLENBURG 04EHR1077
WILLIAM WATERS,
Petitioner,
vs. ) STIPULATIONS AND MOTION
) FOR DISMISSAL FOR LACK OF
N.C. DEPARTMENT OF ENVIRONMENT ) SUBJECT MATTER JURISDICTION
AND NATURAL RESOURCES. )
DIVISION OF WATER QUALITY
Respondent.
Petitioner, William Waters, and. Respondent, North Carolina Department of Environment
and Natural Resources, Division of Water Quality, hereby stipulate and move as follows:
STIPULATIONS
1. Petitioner i the developer of the Bailewick subdivision, located on Windy Ridg
Road in Charlotte, Mecklenburg County, North. Carolina.
2. Petitioner for 7 erly owned the property in the Bailewick sub
longer owns that property.
3. A water body runs across the Bailewick subdivision.
v
on, but it no,
4. Petitioner, either on his own or through a company in which Petitioner has an
interest, conducted or authorized the conduct of grading activities at the Bailewick subdivision.
.5. On May 3, 1988, Petitioner obtained authorization from Mecklenburg County,
North Carolina, to impact the water feature in the Bailewick subdivision through an Erosion
Control Plan dated as of March 14, 1988 ("1988 Erosion Control Plan"). A true and accurate
copy of the 1988 Erosion Control Plan is attached as Exhibit A and incorporated herein by
reference.
6. Petitioner received additional approval from the City of Charlotte to irrtpact the
water feature on the Bailewick subdivision through a Grading and Erosion Control Plan dated as
of January 22, 1997 ("1997 Grading and Erosion Control. Plan"). A true and accurate copy of
the 1997 Grading and. Erosion Control Plan is attached. as Exhibit B and incorporated herein by
reference.

7. On November 13, 19.86, the U.S, Army Corps of Engineers issued nationwide
permits that were effective January 12, 1987. The rules were initially issued at 51 Fed. Reg.
41206 and were codified at 33 C.F.R. 330.5(a). A true and accurate copy, of the nationwide
permit regulations is attached as Exhibit C and incorporated herein by reference..
8. In 2004. Petitioner received from the City of Charlotte correspondence which
confirms that grading permits do not expire so long as a site has continuous activity with some
area being denuded. A true and accurate copy of the 2004 letter from the City of Charlotte is
attached as Exhibit D and incorporated herein by reference,
9. In good faith and reasonable reliance on the nationwide permit regulations cited in
Paragraph 7 above, and in good faith and reasonable reliance on the 1988, Erosion Control Plan
and the 1997 Grading and Erosion Control Plan, Petitioner has made substantial expenditures or
incurred substantial contractual obligations in connection with the development of the Bailewick
subdivision, including without limitation the conduct of grading activities in and affecting the
water body that is present at the Bailewick subdivision, and the installation of culverts and riprap
in the water feature.
10. On January 29, 2004, Petitioner received a Notice of Violation and
Recommendation for Enforcement Action from Respondent, a copy of which is attached hereto
as Exhibit E and incorporated herein by reference. On February 12, 2004, Petitioner received
additional correspondence from Respondent, a copy of which is attached hereto as Exhibit F and,
incorporated herein by reference,
11. On or about June 7, 2004, Petitioner received Respondent's Assessment of Civil
Penalties for Water Quality Violations, along with its Findings and Decision and Assessment of
Civil Penalties, and other attachments. A copy is attached hereto as Exhibit G and incorporated
herein by reference,
12. On June 23, 2004, Petitioner filed a Petition for Contested Case Hearing in
response to Respondent's Assessment, of Civil Penalties tor Water Quality Violations and its
Findings and Decision and Assessment of Civil Penalties.
13. .Petitioner's sole basis for contesting Respondent's Findings and Decision and
Assessment of Civil Penalties is that Petitioner had "vested rights" to complete work in the water
feature located on the Bailewick subdivision as a result of the Grading and Erosion Control Plan,
and nationwide permits referenced above. As such, Petitioner's grounds for contesting
Respondent's Assessment of Civil Penalties for Water Quality Violations and its Findings and
Decision and Assessment of Civil Penalties is based solely on questions involving interpretation.
of the Constitution.
The parties make no 'further stipulations of fact or law in connection with this matter.
2
2$855 8..01
I!B CHARLOTTE

MOTION
In light of the stipulations set forth above, the parties jointly niove this Court to dismiss
the instant Contested Case on the grounds that it lacks subject matter jurisdiction to hear the
issues raised in the case.
This the day of December 2005.
STIPULATED, AGREED AND SO MOVED:
David A. Franchina (MC,. Bar No, 21859)
Kennedy Covington Lohdell & Hickman, I.L.P.
Hearst Tower, 47th Floor
214 North Tryon Street
Charlotte, NC 28202
Telephone: [phone]
Fax: [phone]
Attorney for Petitioner
Nancy Reed Dunn, Esquire (N.C. Bar No,
N.C. Department of Justice
P,O, Box 629
Raleigh, North Carolina 27602-0629
Telephone:
Fax
Attorney for Respondent
L113 C112A3R8;:50181"r111,1

AND rAT,
mocer
Midhl F.aslega Governor
William G. Koss ;Jr., Secretary
h Carolina Department of E.nvironm.ent and Natural 'Resources
l Alan 'W, Klimek, P. E. ;Director
Division of Water Quality
FEB 2 8 2006
Mecklenburg County Sheriff's Departmen
700 East 4th Street
Mecklenburg, North Carolina 28202
Re: NOTICE OF SERVICE
William Waters
Dear Sheriff:
Please serve the attached correspondence as follows:
Mr. William Waters
7620 Baltusrol Lane
Charlotte, North Carolina 28210
November 23, 2005
our understanding that because we are a State agency, no Ice is required for this service. 1 ''e would
appreciate your returning the completed Return of Service form in the return envelope provided herein.
The SWP Section appreciates this assistance from your department. Should you have any questions, please
contact me at [phone], ext. 2200.
Sincerely,
Alan Johnson
Environmental Specialist III
Enclosures
Carolina
Ily
N. C. Divisirn of \ at er Quality„ Mooresville Regional Office, 6.10 E. Center Ave. Suite .301, Moores.=ille "C. 2811,5 (7it4663-16' 9 Customer Service
1-877-623-6748.

Michael E", Easley., Governor
William G. Ross Jr., Secretary
North Carolina Department of .Environment and 'Natural] Resources
Alan W. Klimek, P Director
Division of Water Quality
October '27, 2005
CERTIFIED MAIL
Return Receipt Requested
Mr. William Waters
7620 Baltusrol
Charlotte, NC 28210
Subject: Notice of Violation and Notice of
Recommendation For Enforcement
For Continuing Violation
401 Water Quality Certification,
Bailewick Subdivision
Mecklenburg County, NC
Dear Mr, Waters:
On January 28, 2004 this office issued a Notice of Violation and Notice of Recommendation for
Enforcement for failure to obtain a 401 Water Quality Certification for stream impacts observed at the subject
site (attached). As of this date no application has been submitted to the Division of Water Quality (DWQ) to
obtain a 401, Water Quality Certification. than such time that a 401 certification has been issued by DWQ and,
the unapproved stream impacts have been mitigated, this site remains in violation of 15A North Carolina
Administrative Code (NCAC) 0213 .0211 and .02F1 .0500, pursuant to NCGS 143-214.1, and the violations are
:subject to continuing penalties as provided for in NCGS 143-215.6 (a).
If you have an explanation that you wish to present, please respond in writing within fifteen (15)
days following the receipt of this notice, Your explanation will be reviewed and forwarded to the Director
with the enforcement package for his consideration.
If you have questions regarding this matter, please contact Mr. Alan Johnson or me at (704) 663- 1699.
Sincerely,
D. Rex Gleason, P.L.
Surface Water Protection
Regional Supervisor
Cc: David Caldwell — Mecklenburg County
Danny Smith — Compliance/Enforcement
Amanda Jones — USACOE'
Central Files
North Carolina Division of Water Quality 610 East Center Ave., Suite 301
Internet h2o,enrstate,ncus
An Equal Opportunity/Affirrnative Action Employer — 50% Recyded/10% Post Consumer Paper
Mooresville, NC 281.15
Phone [phone]
FAX [phone]
NCie thCatoline
alarm*
Customer Service
1-877-623-6748

RETURN OF SERVICE
I certify that this NOTICE OF SERVICE' was received on the day of
, 20 and together with the con-espondence was served as follows:
Oil tile day of ,0 t the
following place:
By:
(Fill in address Nvhere copy delivered)
(Serving Officer)
Check one of the following:
personally delivering copies to the natned
left with who is a person of suitable age discretion and who resides in
the named individual's dwelling house or place of business.
*******************************************************************************
If not - ved on nained individual, state reason:
C>
(Sheriff Sigi tir,e)
County Sheriff,
(Dat )
Fee $: Waived (State Agency) Paid by: NiA
Please return this form to:
NC Dept. of Envirorunent & Natural Resources
SWP
Division of Water Quality
610 East Center Street
Suite 301
Mooresville, North Carolina 28115
„Attention: Alan Johnson

STATE OF NORTH CAROLLNA
COUNTY OF ME,CKLENBURG
AFFmAVIT OF SERVICE
NAME: \\1\,...
was served
by delivering to the defendant name above, a copy of the
at location listed:
D by leaving a copy of the:.
or usual place of abode of the defendant named above with a person
discretion then residing therein.
Cnm of person copies Ieft with and relationship
Cl by posting Notice of Hearing on Foreclosure at:
20 days prior to hearing, after attempting personat ervice on dates
defendant was not se
\ \ N,
\
Date Paper Received: k-7
Date and Time Paper Served:
Sworn to and subscribed before me,
this day of 200
ing reason:
„1-
Notary Public Mecklenburg'ounty
North Carolina
My Commission expires:
at the dwelling house
of suitable age and
to defendan
isted:
SheriffJirn Pendergraph
of Mecklenburg County
Nrth Carolina
C,b

Nlecklenburg Collin): Sheriff s Department
700 East 4th Street
Mecklenburg, North Carolina 28202
Dear Sheriff:
Nfiehatif F Farness Governor
Witham G. Ross Jr.„ Secretary
North Carolina Department of Environment and Natural Resources
Alan WeK ne P E. Director
Division of Water Quality
November 23, 2005
Re: NOTICE OF SERVICE
William Waters
Please serve the attached correspondence as follows;
Mr. VVilliain Waters
7620 Baltusrol Lane
Charlotte, North Carolina 28210
It is our understanding that because We are a State agency, no fee is required for this service. We would
appreciate your returning the completed Return of Service form in the return envelope provided herein.
The SNNTP Section appreciates this assistance from our department Should you have any questions, please
contact me at [phone], ext. 2200,
Enclosures
one
NortinCarolina
y )
Sincerely,
Alan Johnson
Environmental Specialist III
N. C., Division of Water Quanty, Mooresville Regional Office, 610 E. Center Ave Snag 301, Mooresville NC 28115 [phone] Custonser Sem ice
-877-623 -6748

CERTIFIED MAIL
Return Receipt Requested
Mr. William Waters
7620 Baltusrol Ln.
Charlotte, NC 28210
Dear Mr. Waters:
Michael .F Ffey, Go
\A aiiarn G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
October 27, 2005
7003 2260 0001 3492 7174
Subject: Notice of Violation and Notice of
Recommendation For Enforcement
For Continuing Violation
401 Water Quality Certification
Bailewick Subdivision.
Mecklenburg County, NC
On January 28, 2004 this office issued a Notice of Violation and Notice of Recommendation for
Enforcement for failure to obtain a 401 Water Quality Certification for stream impacts observed at the subject
site (attached). As of this date no application has been submitted to the Division of Water Quality (DWQ) to
obtain a 401 Water Quality Certification. Until such time that a 401 certification has been issued by DWQ and
the unapproved stream impacts have been mitigated, this site remains in violation of 15A North Carolina
Administrative Code (NCAC) 02B .0211 and .02H .0500, pursuant to NCGS 143-214.1, and the violations are
subject to continuing penalties as provided for in NCGS 143-215.6 (a).
If you have an explanation that you wish to present, please respond in writing within fifteen (15)
days following the receipt of this notice. Your explanation will be reviewed and forwarded to the Director
with the enforcement package for his consideration.
If you have questions regarding this matter, please contact Mr. Alan Johnson or me at (704) 663- 1699.
Sincerely,
D. Rex Gleason, P.E.
Surface Water Protection
Regional Supervisor
Cc: David Caldwell — Mecklenburg County
Danny Smith — Compliance/Enforcement
Amanda Jones - - USACOE
Central Files
North Carolina Division of Water Quality 610 East Center Ave., suite 301
Internet h2o.enr.state.nc.us
An Equal Opportunity/Affirmative Action Employer - 50% Regcled110% Post Consumer Paper
Mooresville, NC 28115
Phone[phone]
FAX [phone]
N ull a
� [7111pe
Customer Service
1-877--623-6'748

Michael F. Easley, Governor
Williani G, Ross Jr.„ Secretary
North Carolina Department of Environment and Natural Resources
Alan W, Klimek, P.E. Director
Division of Water Quality
WATER QUALITY SECTION
January 28, 2004
CERTIFIED MAIL
Return Receipt Requested
Mr. William Waters
7620 Baltusrol Ln.
Charlotte, NC 2821.0
Subject: Notice of Violation
Recommendation For Enforcement
401 Water Quality Certification
Bailewick Subdivision
Mecklenburg County, NC
Dear Mr. Waters:
On November 24,, 2003, Mr. Alan .lohnson of this office conducted an inspection of the site on Windy
Ridge Rd. in Mecklenburg County. Based on his inspection, it was determined that over 400 linear feet of
stream had been impacted for the construction of a road crossing and for extension of "yard" areas for potential
home sites. A review of our records indicates that no 401. Water Quality Certification has been issued for this
impact. This letter is being issued as a Notice of Violation and Notice of Recommendation For Enforcement for
the violation of 15A North Carolina Administrative Code (NCAC) 02B .0211 and .0211 .0500 pursuant to
NCGS 143-214.1.
If you have an explanation for the noted violations that you wish to present, please respond in
writing within .fifteen (15) days following the receipt of this notice. Your explanation will be reviewed and
if an enforcement action is still deemed appropriate, your explanation will be forwarded to the Director
with the enforcement package for his consideration. Please note that these violations and any future
violations are subject to civii penalty assessments of up to $25,000.00 per day for each violation.
Please be advised that pursuant to Army Corps of Engineers (ACOE) and North Carolina Division of
Water Quality (the Division) regulations prior approval is required before initiating any activity that would
disturb more than 150 linear feet of stream. channel. It should also be noted that it is the responsibility of the
ACOE to determine whether or not any channel being impacted is indeed a stream for which they may claim
jurisdiction.
In order to obtain the Division's approval for the stream impact, seven (7) copies of the Pre -construction
Notification Application (PCN) should be completed and returned along with supporting maps and
documentation to the addresses listed in the application. Please make sure that all maps
North Carolina Division of Water Quality 610 East Center Ave., Suite 301
Internet h2o,enr. state,nc,us
An Equal Opportunity/Affirmative Action Employer— 50% Recycled/10% Post Consumer Paper
Mooresville, NC 281 15
Phone [phone]
FAX [phone]
onr
NprthCamlinu
Ail/MUM
Customer Service
1-877-62.3-6748

submitted with the application are of suitable scale (e,g 1" =' 100') and delineate all impacted streams, ponds,
and/or wetlands on the project site. ,Downloadable copies of the Division's General Certifications as well as the
PCN can be accessed at the Division's Wetland web page:
littp://h2o.e :
nc.us/ c ° t1ari/
If you do not have access to this web page, please contact this Office at the phone number listed below and a
copy of the PCN will be forwarded to you, if you have already filed for the 401 certification, please disre..ard,
this notice. You should also note that issuance of an ACOF 404 Permit or receipt of a written ACOE
delineation verification does not relieve you of your responsibility of deterrining the need for a 401 Water
Quality Certification from the Division of Water Quality prior to proceeding with any channel or wetland
impacts.
If you have questions regarding this matter, p1
Cc: Ste ,e Gudiardi Mecklenburg County
John Donley --- Wetlands Unit
Amanda Jones — USACOE
File
as
contact M. A
Sincerely:,
an . o.
nson or irie at 04) 663- 1699.
D, Rex Gleason, P.F
Water Quality Regional Supervisor

February 12, 2004
Mr. William Waters
7620 Baltusrol Ln.
Charlotte, NC 28210
Subject: 401 Water Quality Certification.
Bailewick Subdivision
Mecklenburg County, NC
Dear Mr. Waters:
On February 10, 2004 this office received your response to the Notice of Violation (NOV) and Notice of
Recommendation For Enforcement, issued on January 28, 2004, by this office, for stream impacts at the Bailewick
Subdivision. In your response you mentioned that you had received approval for the impacts; however, you failed
to identify who gave the approval. Please provide a copy/documentation of the approval to this office.
If the impacts were permitted/approved by the Army Corp of Engineers (ACOE) in 1988 then that
permit/approval would have expired prior to the stream impacts taking place. As stated in the NOV issued on.
January 28, 2004, we have reviewed our tiles and have been unable to locate any application to, or approval from,
the Division of Water Quality (DWQ) for the stream impact.
If documentation of approval cannot be provided then an "after -the -fact" PreConstruction Notification
(PCN) form must be submitted to both the ACOE and DWQ for approval. Seven (7) copies of the PCN should be
completed and returned along with supporting maps and documentation to the addresses listed in the application.
Downloadable copies of the Division's General Certifications as well as the PCN can be accessed at the Division's
Wetland web page:
2o.ehttr statt.r c.us/n vetlanclsl
If you do not have access to this web page, please contact this Office at the phone number listed below and a copy
of the PCN will be forwarded to you.
Failure to provide documentation of approval for the noted impact may result in this office pursuing
enforcement for any violations that have occurred. if you have any questions, please contact Mr. Alan. Johnson or
me at (704) 663- 1699.
Sincerely,
D. Rex Gleason, P.E.
Water Quality Regional Supervisor
Cc: Steve Gudiardi — Mecklenburg County
John Dorney — Wetlands Unit
Amanda Jones — USACOE
File

WATER QUALITY SECTION
January 28, 2004
CERTIFIED MAIL
Return Receipt Retitle ed
Mr. William Waters
7620 Baltusrol Ln.
Charlotte, NC 28210
Subject: Notice of Violation
Recommendation For Enforcement
401 Water Quality Certification
Bailewick Subdivision
Mecklenburg County, NC
Dear Mr. Waters:
On November 24, 2003, Mr. Alan Johnson of this office conducted an inspection of the site on
Windy Ridge Rd. in Mecklenburg County. Based on his inspection, it was determined that over 400
linear feet of stream had been impacted for the construction of a road crossing and for extention of "yard"
areas for potential home sites. A review of our records indicates that no 401 Water Quality Certification
has been issued for this impact. This letter is being issued as a Notice of Violation and Notice of
Recommendation For Enforcement for the violation of 15A North Carolina Administrative Code (NCAC)
02B .0211 and ,02H .0500 pursuant to NCGS 143-214.1.
If you have an explanation for the noted violations that you wish to present, please respond in
writing within fifteen (15) days following the receipt of this notice. Your explanation will be
reviewed and if an enforcement action is still deemed appropriate, your explanation will be
forwarded to the Director with the enforcement package for his consideration. Please note that these
violations and any future violations are subject to civil penalty assessments of up to $25,000.00 per
day for each violation.
Please be advised that pursuant to Army Corps of Engineers (ACOE) and North Carolina Division
of Water Quality (the Division) regulations prior approval is required before initiating any activity that
would disturb more than 150 linear feet of stream channel. It should also be noted that it is the
responsibility of the ACOE to determine whether or not any channel being impacted is indeed a stream
for which they may claim jurisdiction.
In order to obtain the Division's approval for the stream impact, seven (7) copies of the Pre -
construction Notification Application (PCN) should be completed and returned along with supporting
maps and documentation to the addresses listed in the application. Please make sure that all maps

submitted with the application are of suitable scale e.. 1" = 10 ') and delineate all impacted streams,
ponds, and/or wetlands on the project site. Downloadable copies of the Division's General Certifications
as well as the PCN can be accessed at the Division's Wetland web page:
lt.i¢�lr®tc�t�srtla� t
ta
If you do not have access to this web page, please contact this Office at the phone number listed below
and a copy of the PCN will be forwarded to you. If you have already filed for the 401 certification, please
disregard this notice. You should also note that issuance of an ACOE 404 Permit or receipt of a written
ACOE delineation verification does not relieve you of your responsibility of determining the need for a
401 Water Quality Certification from the Division of Water Quality prior to proceeding with any channel
or wet l d impacts,
you have questions regarding this ratter, please contacct 1 '[r. Alan Johnson or e at (704) 6 a -
1699,
Cc: Steve Gudiardi - Mecklenburg County
John Donley - Wetlands Unit
Amanda Jones - UAtE`
File
ineerely,,
D. Rex Gleason, P.E.
Water Quality Regional Supervisor

Re: news from Dave rchina, attorney for Witham
Subject: Re: news from Dave Franchina, attorney for illiaa Waters
From: Danny Smith <[e-mail]>
Date: Tue, 06 Sep 2005 17:02:02 -0400
To: Alan Johnson <Alan.Johnsonacmail'.net>, "re » Tom Reeder" <Tom.Reeder@nc
CC: Nancy Dunn <NRDUNN@,,ncdoj.com>
Hey Alan and Rex:
fyi
danny
Nancy Dunn wrote:
Apparently. Mr. Waters is not convinced that he did anything wrong, and does
not, therefore, see the benefit of settling this case. His attorney, Dave
Franchina, who called me this morning, says that he intends to have one more
talk with him, but senses that he is interested in testing the legal waters to
see if he has a case. Dave indicated that he thinks there is a. vested rights
argument. to be made, and we both agreed that there aren't really any big facts
in dispute (namely that 400 linear feet. of stream were piped) I asked for my
discovery responses (stayed while the case was continued), and if they pursue.
this, both Dave and I thought that. we could eliminate most factual issues by
stipulation, and potentially resolve this by summary judgment. (they,
obviously would want it in their favor, I told Dave that we felt that there
really wasn't a valid vested rights argument to be made, and would, therefore,
in all likelihood, make our own motion for summary judgment if it came to
that) Anyway, that is the most recent. news, and we may need to start gearing
up to take this thing in that direction. If we do end up in court on. this, we
will need to get all of our facts together, etc...
9/6/2005 5:04 PM

SHEET 12
MECKLEN1111114; COUNTY, NOWT!!
f
C\/
NIL
LA'H
B
Mefi
33
33
31
M eki
1%1
P
31
Ce3133
313
W F
E n3-1
A AO'
333
W
4

SHEET NtIRIBER 12
1\11;C%I.V,Nlit„ilill COUNTY, NOUTI („'Ali. i
F'aF
NL
eri
lrufl
s! {1.7/u/suuumiuuutuu
r)aii
•ru e
suf.
PA iu3
2
Evul u, Ulu 112
11,10
kB
Cute
WkD
Lit) •
X rn
1, is:C.)
W au{ IUu
rsul
tutu
CAB 2 w D
tte
eV.
Cell?: Aa
ME3 Ce1.12
Wei)
WEE
CeD 2
C cute 22
.u."
"e• uuu22
u 22-e
PoE
C
ViAs t A
ro'h?
;s4
N1 Lt
E D
.4;43
, (Hi
(112
2
ee
u k
I
k

S1-1W,HT NtIMBER 12
1\41.WKLENHUIM COP N't'Y, NOUTH, CAR(
, NA
C I ICI: 11 s
M 13 o
vv
I o
1,13
M 013
B
IrO
B
Al(
Ccli?
Mc0
HC'Ei I I B
WkE
Ce112 wk [
kB V kD :;e02
MR
D
W
M 13
CB
rB
kD
MB C132
V :1)
02
'
03 ?
Gel) 2 JtZ
Ca)?
M eEi
Ger)?
f;e0
Ce62
C 0.3 2
Ce0
Ce E np
B
A 00
kE
10B
W1,1
13
1,1

tillF1E1 NI INIFIEN 12
NU:UK ,FN {WHO COUNTY, NOUTH CA
OUI NA
I:s
A„I 11
P h
WI
IN 661
6
e MF3
Wk B
,
" C&II2
k
,
LI k
e
WI"
'33""
143
44"
V11 ,1 f 6,11 1103
Cob
Gel] 2
1'
IA 06 Ceti?
1113
1,0
-
CaI -I a
eti
666
E "V,13.
642'
Met
Pat
Cer
E613
A ,1•:
Chtb
kM
Wki