20020672 Ver 3_FW 11 EHR 2141 - Monroe 401 Certification_20120904

Carpenter,Kristi
From:Karoly, Cyndi
Sent:Tuesday, September 04, 2012 4:06 PM
To:Chapman, Amy
Subject:FW: 11 EHR 2141 - Monroe 401 Certification
Attachments:5-3-12 Final Monroe Appeal from US COA.pdf

From: Wrenn, Brian
Sent: Thursday, May 03, 2012 3:08 PM
To: Lespinasse, Polly; Krebs, Rob; Karoly, Cyndi
Subject: FW: 11 EHR 2141 - Monroe 401 Certification

I hope y’all have fun with this. I won’t be leaving a forwarding address…

Brian Wrenn
Transportation Permitting Unit, Supervisor
NC Division of Water Quality
[e-mail]

585 Waughtown Street
Winston-Salem, NC 27107-2241
336-771-4952 (Winston-Salem no.)
336-771-4631 (Fax)
or
1650 Mail Service Center
Raleigh, NC 27699-1650
919-807-6365
919-807-6494 (Fax)

From: Kym Hunter \[mailto:[e-mail]\]
Sent: Thursday, May 03, 2012 2:17 PM
To: 'Payne, John'
Cc: Wrenn, Brian; Chandra Taylor; 'Slusser, Scott'
Subject: RE: 11 EHR 2141 - Monroe 401 Certification

Hi John,

th
The 4 Circuit today ruled in our favor and remanded the EIS back to the agencies. The opinion is attached.
I do not know if Brian has been made aware yet, but have cc’d him here.

Thanks,

Kym

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From: Payne, John \[mailto:[e-mail]\]
Sent: Thursday, May 03, 2012 2:15 PM
To: Kym Hunter; Slusser, Scott
Cc: Chandra Taylor
Subject: RE: 11 EHR 2141 - Monroe 401 Certification

What is the ruling and does Brian Wrenn know yet?

From: Kym Hunter \[mailto:[e-mail]\]
Sent: Thursday, May 03, 2012 2:14 PM
To: Slusser, Scott
Cc: Payne, John; Chandra Taylor
Subject: RE: 11 EHR 2141 - Monroe 401 Certification

Hi Scott,

th
Given today’s ruling by the 4 circuit it is our understanding that NCDWQ will revoke its 401 certification for the Monroe
Connector/Bypass. As such, the proceedings in OAH will become moot.

If either you or John have a different understanding please let me know and we can work out how to proceed.

Thanks,

Kym

From: Slusser, Scott \[mailto:[e-mail]\]
Sent: Tuesday, May 01, 2012 2:41 PM
To: Kym Hunter; Chandra Taylor
Cc: Payne, John
Subject: RE: 11 EHR 2141 - Monroe 401 Certification

Thurs will be fine. Thanks.

Scott T. Slusser
Special Deputy Attorney General
[phone]

Please note new telephone number.

This communication is subject to the North Carolina Public Records Act and may be disclosed to
third parties.

From: Kym Hunter \[mailto:[e-mail]\]
Sent: Tuesday, May 01, 2012 2:40 PM
To: Slusser, Scott; Chandra Taylor
Cc: Payne, John
Subject: RE: 11 EHR 2141 - Monroe 401 Certification

Hi Scott,

We have a meeting to discuss this case on Thursday morning. Could I get back to you with a response after that time? If
you feel you need to send the e-mail to the clerk sooner than that please let me know.
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Kym

From: Slusser, Scott \[mailto:[e-mail]\]
Sent: Tuesday, May 01, 2012 2:06 PM
To: Chandra Taylor; Kym Hunter
Cc: Payne, John
Subject: 11 EHR 2141 - Monroe 401 Certification

Dear Chandra and Kym,

I intended to send the following email to the OAH clerk regarding the above-mentioned matter. Before I do I wanted to
get your thoughts. Please let me know if you take a position on this correspondence. Thank you.

Dear OAH Clerks,

We recently received a Notice of Upcoming Hearing in the above-mentioned matter scheduled for the week of July 23,
2012. As you may recall this matter was stayed by Judge Elkins on June 16, 2011 pending the resolution of Petitioner’s
federal lawsuit against NCDOT. On October 24, 2011 the U.S. District Court ruled in favor of NCDOT in the federal
lawsuit. We are not aware nor did we receive notice that the stay has been lifted. Thereafter, the Petitioner’s appealed
that ruling to the U.S. Fourth Circuit Court of Appeals. Briefing has been completed and oral arguments were heard by
the Fourth Circuit on March 21, 2012. . The parties are currently waiting for an opinion from the Fourth
Circuit. Resolution of the federal action could potentially resolve the contested case pending in OAH.

We are seeking clarification as to whether this matter will still be set for hearing on July 23, 2012 or is this matter still
stayed pending resolution of the Fourth Circuit appeal? Thank you for your time and attention to this matter.

Scott T. Slusser
Special Deputy Attorney General
Transportation Section
1505 Mail Service Center
Raleigh, NC 27699-1505
Phone: [phone]
Fax: [phone]

Please note new telephone number.

This communication is subject to the North Carolina Public Records Act and may be disclosed to
third parties.

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