20100586 Ver 2_Settlement Agreement_20120710

Settlement Agreement
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THIS AGREEMENT reached this the 10`h day of July 2012 at the mediation of this
matter between M A Alexander, III (Petitioner) and N C DENR, Division of Water
Quality (Respondent) in full settlement of OAH case number I 1 EHR 1254
In consideration of the mutual covenants contained herein and other good and valuable
consideration the parties agree as follows
I Within ten (10) days, Respondent will issue a new buffer determination letter to
Petitioner that determines that all of Feature A on Petitioner's property near the
intersection of Yeargan Road and Highway 70 is not subject to the Neuse River
Basin Buffer Rules except for the portion downstream of the confluence of
Feature A and Feature B
2 Petitioner will supply to Respondent GPS coordinates for the confluence point of
Features A & B within two days
3 If Petitioner elects to seek a variance to the Neuse Buffer rules for the portion of
Feature A subject to the Rules, Respondent will support it if it meets the hardship
requirements of the Rules, though it will not support any request that the
mitigation requirements for that segment be waived or waiving other
requirements
4 Respondent agrees that, if the U S Army Corps of Engineers determines that any
segment of Feature A or B is a wetland Respondent will not determine that such
segment is a stream This term is without prejudice to other wetlands that 4ha4
may f d by the Corps on the site
5 Wit 5) days of receipt by fax or email to Cathy Cralle Jones' office of the
new determination letter Petitioner will file a dismissal with prejudice of
OAH case number 1 I MAR 1254 q
EHR 4 1l�K,i
Agreed
MA ALEXANDER III DIVISION OF WATER QUALITY
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It M By
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Cathy ralle Jones
Attorney for Petitioner
.
Attorney for Respondent

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