20051457 Ver 1_Records Request_20130802

SOUTHERN ENVIRONMENTAL LAW CENTER
Telephone 828 - 258 -2023 22 SOUTH PACK SQUARE, SUITE 700 Facsimile 828 - 258 -2024
ASHEVILLE, NC 28801 -3494
August 2, 2013
Via Electronic Mail and Certified U.S Mail
Karen Higgins
Supervisor
NC Division of Water Quality
Wetlands, Buffers, Stormwater Compliance and Permitting Unit
1650 Mail Service Center
Raleigh, NC 27699 -1650
[e-mail]
Re: Public Records Request
First Broad River Reservoir
Dear Ms. Higgins
Pursuant to the North Carolina Public Records Law, N.C. Gen. Stat. § 132 -1 et
seq., the Southern Environmental Law Center requests the right to inspect, examine, and
copy all public records of the NC Division of Water Quality Wetlands, Buffers,
Stormwater Compliance and Permitting Unit that are related to:
• Any proposed reservoir to be created by impounding the First Broad River
or its tributaries in Cleveland County, variously referred to as the "First
Broad Reservoir" and "Lake Cline" and referenced for permitting
purposes by Corps Action ID# 200330194 and DWQ Project # 2005 -1457;
• Any.requests for state assistance identifying preferred water supply
alternatives, obtaining federal permits, or joining applications for required
federal permits as a co- applicant,
• Any and all records containing any policy, guidance, or memoranda,
whether formal or informal, permissive or mandatory, and whether or not
authored within DWQ, relating to the retention, disposition, or destruction
of records made or received in connection with the transaction of
Cleveland County business, including the retention, disposition, or
destruction of electronic mail, electronic mail attachments, and other
electronically stored records; and
• Any and all communications related to the processing of this request.
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For the purposes of this request, the term "public records" shall have the meaning
defined in N.C. Gen. Stat. § 132 -1 and shall include all-such records in the possession,
custody, or control of DWR as well as those prepared by, created by, or in the possession,
custody, or control of its employees, board members, agents, contractors, subcontractors,
and attorneys. This request specifically includes all emails, handwritten notes, letters,
records of telephone conversations, other records of written and/or oral communications,
drafts, reports, and all other public records within the possession, custody, or control of
DWR. Furthermore, we request access to each version of a record or document, whether
it is a draft, has been electronically deleted, has attachments, bears annotations, etc.
If you take the position that any of the above - described public records are not
open to public inspection under the North Carolina Public Records Law, please explain
the basis for your position and identify any statute, rule of law, or other authority upon
which you rely. Public records must be provided to a requestor "as promptly as possible"
upon payment of any fees, which shall not exceed the actual cost of reproducing the
public record. N. C. Gen .Stat. §§ 132 -1, 132 -6. Please contact me prior to any copying if
that actual cost is expected to exceed $300.
Thank you in advance for your cooperation. If you have any questions, please do
not hesitate to call me at 828 - 258 -2023.
Sincerely,
Austin DJ Gerken
Senior Attorney
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