20050949 Ver 1_Court Case Correspondence_20060512

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F. BRYAN BRICE, JR.
ATTORNEY AT LAW
19 WEST HARGETT ST., SUITE 600
RALEIGH, NC 27601
TEL.: [phone] EMAIL: [e-mail]
FAX: [phone] [e-mail]
May 4, 2006 .
Alan Klimek 0.0.1
Y 6- 2
1617 MSC DIV. OF WATER
Raleigh, NC 27699-1617 QUAIJTY
DOCTOR'S OMM
DearAlan,
Please find enclosed a copy of the Petition for a Contested Case Hearing filed today at the
Office of Administrative Hearings on behalf of our client, John Shallcross and Partners Equity
Group.
Please do not hesitate to call with any questions or concerns.
Sincerely,
0,-
F. B Brice, Jr.
Enclosures
p
MAY 1 2006
` `' WETLANDS A ID S T 'R.M4VA.yCR BRANCH
PLEASE PRINT CLEARLY OR TYPE
STATE OF NORTH CAROLINA IN THE OFFICE OF
COUNTY OF JOHNSTON - F I L E D ADMINISTRATIVE HEARINGS
PARTNER'S EQUITY GROUP,
JOHN SHALLCROSS
PETITIONER,
N.C. DEPT. of ENVIRONMENT &
NATURAL RESOURCES (DENR),
DIV. of WATER. QUALITY (DWQ)
RESPONDENT.
t Ot??r -4 P 4. 5
O01CE OF
ADMI 1STRATIVE
H AR1NGS
PETITION
FOR A
CONTESTED CASE HEARING
1 hereby ask for a contested case hearing as provided for by North Carolina General Statute § 150B-23 because the Respondent has:
Denied petitioner's request for a Clean Water Act Section 401 water quality certification whereby petitioner is seeking to fill in approximately L9
acres of wetlands located on lots 18 & 19 approximately 1/2 mile north of Hwv 70 Business in Johnston County said lots being located near the
intersection with 1-95 (Smithfield Exit-Pottery Barn) within the Partners Equity Group commercial subdivision Said denial has rendered the lot _
unusable and petitioner has two pending contracts (restaurants) for commercial development of the lots 5GC Q- 4ac bc8
Because of these facts, the State agency or board has: (check at least one from each column)
X deprived me of property; X exceeded its authority or jurisdiction;
ordered me to pay a fine or civil penalty; or X acted erroneously;
X otherwise substantially prejudiced my rights; AND failed to use proper procedure;
X acted arbitrarily or capriciously; or
X failed to act as required bylaw or rule.
(5) Date: May 4 2006 (6) Your phone number: ( 919) 754-1600
(7) Print your full address: 19 W. Hargett St., Suite 600 Raleigh NC 27601
(street aaaress/p.o. box) (city) (state) (zip)
(8) Print your name: F. Bryan Brice, Jr., Attv at Law (attorney of record for petitioner)
(9) Your signature:
You must mail or deliver a COPY of this Petition to the State agency or board named on line (3) of this form. You should contact the agency or
board to determine the name of the person to be served.
CERTIFICATE OF SERVICE
I certify that this Petition has been served on the State agency or board named below by depositing a copy of it with the United States Postal Service
with sufficient postage affixed OR by delivering it to the named agency or board:
(10) Alan Klimek (11) N.C. DENR-DW
(name of person served) (State agency or board listed on line 3)
(12) 1617 MSC Raleigh, NC 27699-1617
(street address p.o. box) (city) (state) (zip code)
(13) This the t' day of
(14)/f/et/iti I Ct??n 1t tYh N?'/wr ?R6') If 0?
(y r si nature
When you have completed this form, you MUST mail or deliver the ORIGINAL AND ONE COPY to the Office of Administrative Hearings, 6714
Mail Service Center, Raleigh, NC 27699-6714.
H-06 (11/991