20061590 Ver 1_Other Agency Comments_20070402

GYM; STATE'
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State of North Carolina
Department of Justice
ROY COOPER PO BoX 629
ATTORNEY GENERAL
Raleigh, North Carolina'
27602
Michael S. Harrell, Esq.
Manning Fulton & Skinner PA
3606 Glenwood Avenue
Glenwood Plaza Suite 500
Raleigh, NC 27612-3970
Apri12, 2007
Re: George C & Patricia C. Jones v. NC DENR
OAH Contested Case No. 06 EHR 0953
Dear Mike:
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Reply to:
Donald W. Laton
Environmental Division
Tel: [phone]
Fax: [phone]
[e-mail]
As I mentioned to you by telephone earlier today, the Division of Water Quality
("DWQ") has reviewed the materials you submitted, considered the legal advice provided by this
Office, and concluded that your clients, George C. & Patricia C. Jones, have a vested right in
their property.at 11601 Appaloosa Way such that your client need not`comply with Neuse River
Basin Buffer Rule 15A NCAC 2B.0233. A letter from DWQ to your clients with a copy to you
will be forthcoming in the very near feature. I am informing you in this manner so that we may
advise the Office of Administrative Hearings that the matter in dispute has been settled.
Thank you for your time and consideration in this regard.
Sincerely,
c: Amy Chapman
Donal . Laton
Assistant Attorney General
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