OPERATION JUSTICERC / USA
The process of sedimentation pollution and floodwater occurs naturally in ALL streams. The same stream running into a lake, runs into a sediment pool. A lake is subject to sedimentation pollution and floodwater- that does not make it a sediment pool. A sediment pool has temporary recreational use that doesn’t make it a lake. There is NOT ONE tangible asset; NOT size, shape, depth etc... that distinguishes a sediment pool from a lake (this sets the stage for a bait and switch fraud scheme).
It is the intangible asset of purpose, motive, or intent that distinguishes the two. Motive is hidden within the heart. It is not visible to the naked eye. Because there is no tangible difference between the two- no one can tell the difference by sight. The only person who knows the true intent is the builder and the RC District isn’t talking. Revealing the motive of the heart is painstakingly difficult- but not impossible.
As difficult as it was, my research concluded only two possible conclusions. #1, buy into gross criminal incompetenceacross state, and local governments or-
#2 a willful bait and switch fraud scheme being perpetrated by a government agency against its own citizens. I have opted for the later- my narrative follows...
NC GS139-46 states- (a)local watershed sponsors may install and maintain recreational facilitiesand services (b) these works of improvement may include boat launching areas, campsites, bathhouses, picnic areas... in my assessment, most landowners would agree to a recreational facility -- also known as a lake.
Here is the catch, taxpayers must vote in the installation and ongoing maintenance cost of a lake. Long story short- taxpayers in county after county, vote after vote have rejected taxation for lake maintenance. If you think the twofold purpose of a recreational lake being used as a weapon in the war on sedimentation pollution would close the deal in the affirmative- think again. I would be willing to bet there is not one NC GS 139-46 recreational facility (lake) in the state of North Carolina .
This makes lakes a no go... leaving sediment pools as the last resort. So here is the question- how do you sell a collection site for sedimentation pollution to landowners?The number of landowners who would agree to pollution being stored on their property is very low. Drastic problems call for drastic measures-so how does the District gain the useof private property to build sedimentation pollution control ponds without paying for the property... this is the right question for the right answer!
If the District cannot sell landowners on the features, advantages, and benefits of a sediment pool; they can impose upon them-- the right of eminent domain. NC GS139-44 allows private property to be condemned, seized & destroyed by the beast of sedimentation pollution and floodwater "for the public health & welfare". One mans property is destroyed- while others is saved. I would wager there is not one NC GS 139-44 sediment pool in NC as a result of eminent domain... WHY: if the District exercises eminent domain, they must pay landowners current market price for the seized acreage AND lose future tax revenue. Why tell the truth paying up front money for the land and lose future tax revenue- when you can lie, cheat and steal the use of private property and save all the money. If the District gets caught, who gets fined or does jail time. They have nothing to lose and everything to gain. It will take years for unsuspecting, trusting citizens to know the difference-- it is like taking candy from a baby... here is how the script was played out.
“Mr. and Mrs. Landowner, we would like to build a lake on your property, then build a sedimentation pollution control pond” -- BRILLANT!
Bait and Switch Fraud Scheme: what made it work...
*NC GS 139 establishes the legal groundwork for both lakes and sediment pools
*no tangible difference between a lake & a sediment pool -- they both look the same
*process of sedimentation pollution and floodwater occurs naturally in both
*lakes get sedimentation pollution- doesn't make them a sediment pool
*sediment pools have temporary recreational use- doesn't make them a lake
*true motive is hidden in the heart of the builder
*time factor needed for sedimentation pollution to buildup causing severe flooding
*trust factor afforded a government agency (decades ago we the people still trusted our govt)
The synergy of these traits made for a simple but very effective bait and switch fraud scheme. Unraveling the deception is challenging. The truth will recognize the truth and the truth will recognize a lie.
The Switch- The con game ... and I quote,
*Mr. and Mrs. Landowner we would like to build a lake on your property
*The permanent pool for the lake will be X number of acres.
*The lake will be yours - it will not be public property.
*The dam for the lake will be located in this vicinity.
*We will stock the lake with fish
Every time the word lake came out of their mouth it was a "willful misrepresentation of material facts"... also known as a lie. For the record I did not "figure out anything". It was legal counsel for the District who let the cat of the bag on Feb 15th, 2018.The statement, "there is a sedimentation control pond on the subject property" -- was paramount to a confession of fraud by willful omission of material fact.
I realize these are harsh words. Betrayal is such an ugly sin- it is hard to sugar coat the ugly truth. Having anguished over this injustice for years I have made peace with the anger, resentment, and feelings of being betrayed. Now the humility needed to walk thru a class action lawsuit seeking justice for my fellow grantors- and hopefully bring a change of heart to the accused is present.
I hate thinking what I think- saying what I am saying- believing what I believe concerning this matter. If you can show me the err of my way I will recant and repent!
The bottom line is this- the District has put this entire county into a very difficult position. It will be interesting to see how many Districts across the state have a similar modus operandi. By the time all is said and done... hopefully trust and hope can be restored.
For the record, I did not grant the use of my property for a sedimentation pollution control pond.... I granted the use of my property for a lake!
Opening Statement
Ladies and gentleman of the jury, the evidence will prove that the Rutherford County Watershed Commission willfully lied, cheated, & stole the use of private property for the purpose of building sedimentation pollution control ponds. The evidence will prove; Grantors were betrayed and marginalized as collateral damage in a war on sedimentation pollution and floodwater... in simple terms MUD and FLOOD... a common enemy of we the people. The evidence will prove the District violated their oath of office by intentional damaging or destroying the health, safety and general welfare of the grantors of this State.
Any action that does not facilitate liberty and justice for ALL --- is a violation of the legal, moral, and ethical standards of we the people!
Unraveling a bait and switch fraud scheme demands that you know the TRUTH. Bear in mind, a good lie always has a little truth in it. Rest assured, a bait and switch fraud scheme is mixed with morsels of truth and laced with lies used to bait the trap. Discerning this muddled up mess of half TRUTHS and LIES will take time. There is no easy quick fix - unless RCWC decides to repent and make restitution to their victims. The ONLY WAY OUT for RCWC : is the WAY they should have WENT IN --tell the TRUTH, THE WHOLE TRUTH AND NOTHING BUT THE TRUTH -- SO HELP THEM GOD.
Click Here to Read the Material Facts
Click Here to Read the Legal Brief
*First question for your deliberation: "Where in the easement contract (page and paragraph) was the RCWC
granted the right to store sedimentation pollution on the subject property?"
THE SOLUTION
Floodwater and sedimentation pollution; i.e., flood and mud. Immense, catastrophic, worldwide- blame it on global warming, deforestation, or poor land management. This foe cost countless lives & billions in monetary damage. Because we are unable to control the volume of rainfall, the solution is twofold- impede floodwater releasing it slowly and cage the beast of sedimentation pollution in control ponds. Getting your brains wrapped around this task is difficult. Here are the bullet points...
*Floodwater is defined as water running in dry places. As streams begin to rise they are flooding. Floodwater does NOT occur until water overflows stream channels.
*Sediment or sedimentation pollution- is defined as any material that is washed or blown into the waterways. The vast majority of sediment is made up from
Mother Natures garbage- leaves, sticks, dirt, etc. Did you know, once the ground we walk on -- gets into our waterways -- it then becomes pollution!
*Muddy water is polluted water... human consumption, bathing, relaxation, industrial use, aquatic and marine life are all compromised by Mother Nature’s garbage. The scope of this damage is now epic. So much so; sediment has now been classified as a pollutant. This new classification places sediment into a new field of prevention.
*By volume --- sedimentation pollution is now the #1 pollutant in the state of NC.
*Not only is sediment a pollutant it is an accelerant. Like gasoline is to fire, sediment is to floodwater. How so- if the channel of a stream is 10 feet deep, it has an increased flow capacity of 10 feet. Fill the channel with 5 feet of sediment- the flow capacity is cut in half. Fill the channel with 9 feet of sediment- now you have severe flooding. More sediment equals more flooding; it is a simple case of displaced volume.... NC GS 139-(2) "causing severe and increased floods which bring suffering, disease,death and impoverishment of families". These are not my words but the legislative determination and policy of we the people.
Make no mistake about it- sediment buildup/sedimentation pollution is at the heart of this class action petition. Both “preventive and corrective” measures will be considered. Lakes & sediment pools are corrective measures. It is the corrective measure of sedimentation pollution control ponds in the cross hairs of Op Justice USA.
The war on sedimentation pollution was declared in the state of NC with the Sedimentation Pollution Control Act of 1973 (NCGS 113A Article 4). We even have a
NC Sedimentation Pollution Control Commission. The first easement contract in Rutherford County, NC for a sediment pool was signed November 9th, 1976 --
(three years after the Sedimentation Pollution Control Act). That being said... "did the District know they were storing sedimentation pollution on private property" ?
NC General Statue 139 Soil and Water Conservation legislates the administrative policy of each Soil and Water District. We the people have conferred upon this agency the powers and duty of the collective state to protect our productive assets (land, home, fields etc.) valuable infrastructure (bridges, roadways, railways etc.) and thus our quality of life associated with such from the ravages of severe floodwater caused by the buildup of sedimentation pollution.
The approved legislative measures for sedimentation pollution control are outlined in NC GS 139 : 1) Preventive measures and 2) Corrective measures.
Preventive Measures:
Are aimed at preventing sediment from entering the waterways. They include soil conserving land use practices- check dams, catch basins, strip cropping, silt fences, terraces, cutbacks in foresting, setbacks for construction- etc. Once these measures have failed and sediment enters the waterways -- NOW WHAT?
Corrective Measures:
Corrective measures are very limited. Once sediment enters our waterways- you have to stop the flow of the water. Stop the flow & the water drops its pollution cargo. The tactic can be stated as - Stop & Drop.
To stop the flow of water, you build a floodwater retarding structure (fwrs) . A fwrs is built for a sedimentation pollution control pond aka sediment pool. A sediment pool is a collection site for sedimentation pollution and floodwater. It holds floodwater releasing it slowly- the sediment is stored. The floodwater comes and goes, while the pollution is kept in storage. The red flags or whistles should now be glaring... pollution is left behind in storage. As sedimentation pollution builds up, floodwater also builds up! Causing more and more floodwater to sweep further and further into fields and woods bringing more and more sediment into the waterways. It is a natural , relentless, ongoing, vicious cycle bringing destruction even death.
LAKES: a dam is built for a lake. A lake is a recreational water facility providing swimming, fishing, boating, etc. The dam stops the flow of water just like the floodwater retarding structure. The same process of Stop and Drop occurs. A lake serves as a filter in the waterway that is periodically dredged of sediment. This removes the pollution and maintains the recreational integrity of a lake.
Hopefully you now have the basic knowledge concerning the approved methods of prevention and correction for controlling floodwater and sedimentation pollution. The real conservation is about to begin- having this basic knowledge is critical.
Before moving forward ask yourself this question- how much sedimentation pollution do you want stored on your property... don't forget, dirt and water equals mud.
A sediment pool is basically a swamp full of muck and mire. Unless you were born on the bayou, most people don't dream of living in a swamp!
THE PROBLEM
Operation JusticeRC / USA is the codename given to this class action petition against the Rutherford County Water Shed Commission, herein aka the District. First of all, I regret having to take this action. When people have disagreements or misunderstandings that go unresolved- legal action is the last worst resort. Personally speaking,
the public arena is not my venue of choice for conflict resolution. Most people prefer mediation. However the District has refused mediation for obvious reasons. When you don’t have a legal, moral, ethical leg to stand on- you stack the deck by all means. The county courthouse is home field advantage for a govt agency.
On the other hand, the venue of choice for we the people will be the "court of public opinion". Leveling the playing field helps to leverage the balance of power.
Since we the people are suing the govt, we are basically suing ourselves. You have a right to know... there is a considerable amount of $$$ at stake- no need to worry.
I am sure we have good errors and omissions insurance.
Most citizens are slow to stand for a cause. But when a fight is brewing- look out. My dad always told me- “son don’t you ever start a fight, but don’t you ever let a man hit you first”. Hard to do- right!
While it may appear that I am throwing the first punch- that is simply not the case. My first appeal to the District is dated June 2003. For over a period of two decades my numerous appeals have been ignored. My long suffering has met its end-“enough is enough”. The situation is only going to get worse. The District has been given plenty of time and space to explain their actions and answer basic questions concerning their activities. The gloves are coming off and the ugly truth will now be told.
You may think I have an axe to grind- not so... as a whistle blower I am doing us all a huge favor.
Truth, liberty, and justice for all- the American way; are no longer a gimme. Truth it seems is an outdated idea having outlived its usefulness in a society now falling into a death spiral of moral decay. If you think Uncle Sam has got your back- think again! Some would even say our judicial system is now the purveyor of injustice, with the verdict going to the highest bidder. Our Court of Public Service will hopefully sway the scales of justice by holding both secular and sacred govt accountable. Putting some bite into this watchdog/mediation group will require a unified coalition force... Unity is the most powerful force on Earth none to man... Unity is what strikes fear in the heart of those who seek to divide and conquer!
Was this a crime of necessity- the lesser of two evils? Did the District marginalize 70 families as collateral damage in a war on sedimentation pollution sacrificing them at the altar of “public health and welfare”? Has the District embezzled funds earmarked for maintenance? Has the District redirected funds to the good old boys network? Do you think the means is justified by the end? Do we have a government agency perpetrating a bait and switch fraud scheme against its own citizens? Who issued the permitallowing the District to store pollution on private property? Is storing pollution on private property considered a "material fact" to the easement contract? Is there any defense against an omission of material fact? What is the exit strategy once storage capacity has reached capacity?
Needless to say, the District has a number of questions to answer. Smoking them out from behind the law to the face their unjust deeds in the light of day will not be easy. As to when they perceive the inevitable is unavoidable is anybody’s guess. Until then we will have to apply the pressure until they tap out and cry- UNCLE!