20071671 Ver 2_Emails_20080108

WM 4484 Raleigh Tri-Mall/Level Spreader Inspection and Mainten...
Subject: WM 4484 Raleigh Tri-Mall/Level Spreader Inspection and Maintenance Agreement
From: "Caton, Don" <[e-mail]>
Date: Tue, 8 Jan 2008 16:54:27 -0500
To: <[e-mail]>
CC: <[e-mail]>, "Payne, John" <[e-mail]>
Don,
As we agreed, I'm following up on our telephone conversation of earlier today. The purpose of this a-mail is
to confirm and document my statements to you - -made on behalf of and with the concurrence of DENR
("Department of Environment and Natural Resources") staff - - with respect to Wal Mart's proposed insertion of
language into DENR's standard form Inspection and Maintenance Agreement for Filter Strip, Restored Riparian
Buffer and Level Spreader.
You will recall that I explained that DENR will not modify its standard form Inspection and Maintenance
Agreement with Wal Mart's proposed insertion. A reason for this decision is our opinion that the proposed
language is surplusage which states the obvious. As I further stated on DENR's behalf : "Of course, if Wal Mart
does not develop the property it would not be required to adhere to the terms of the Agreement." I also stated
that insertion of additional language has the potential to adversely affect consistent application of inspection and
maintenance agreements and pose processing delays.
As we concluded our conversation I requested that Wal Mart inform DENR that Wal Mart will agree to
DENR's standard language in the above-referenced agreement so that your client's pending application may be
processed.
Thank you for your time and consideration in this regard.
Don
Donald W. Caton
Assistant Attorney General
NC Department of Justice
Environmental Division
Room 323A
Old Education Building
114 W. Edenton Street
Raleigh
Direct Telephone Number: 919-716-6963
1 of 1 1/24/2008 3:20 PM