20011781 Ver 1_Conotested Case Petition_20021113

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PLEASE PRINT CLEARLY OR TYP?JV 13 202
STATE OF NORTH CAROLINA DIV. OF WATER QUALITY
IN THE OFFICE OF
COUNTY OF (1) WAKE FI a , DIRECTORS OFFIGEmINISTRATIVE HEARINGS
(2) FORREST BALL and F. BALL INC. "? Inn
1NO?-0
(your name) PETITIONER,
DEPARTMENT OF ENVIRONMENT AND
(3) _
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NATURXA {' l
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PETITION
FORA
CONTESTED CASE HEARING
RESOURCES. DIVISION OF WATER QUALITY j
RESPONDENT. )
(The State agency or board about which you are complaining) )
I hereby ask for a contested case hearing as provided for by North Carolina General Statute § 15OB-23 because the Respondent has:
(Briefly state facts showing how you believe you have been harmed by the State agency or board.)
(1) IMPOSED AS A SITE-SPECIFIC CONDITION OF APPROVAL OF 401 QUALITY CERTIFICATION
FOR THE TRYON ROAD EXTENSION PROJECT THAT THE ROAD EXTENSION BE RELOCATED ABOUT
125 FEET DOWNSTREAM; AND
(2) FAILED TO ACT ON THE APPLICATION FOR CERTIFICATION WITHIN 60 DAYS OF ITS
_SUBMISSION AND COMPTETTON
(If more space is needed, attach additional pages.)
(4) Because of these facts, the State agency or board has: (check at least one from, each column)
-deprived me of property; exceeded its authority or jurisdiction;
ordered me to pay a fine or civil penalty; or acted erroneously;
---X -otherwise substantially prejudiced my rights; AND X failed to use proper procedure;
-X-acted arbitrarily or capriciously, or
-X,_failed to act as required by law or rule.
(5) Date: I 1 I '9I02i (6) Your phone number: ( 919) 772-3929
(7) Print your full address: 1027 Highway 70 W., Suite 225, Garner, NC 27529
street a , p.o. ox city state zip
(8) Print your name: Forrest Ball b Michael Crowell Tharrington mi h
(9) Your signature: A- I il,W Vve
Ybu 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 W. Klimek, Director (11) _Division of Water Ouality, DENR
(name of erson serve(i) (State a ency or board listed online 3
(12) 1617 Mal Service Center, RaleighTC 27699-161_7__
(street address/p.o. box) , r (city) (state) (zip code -
(13) This the QQ day of ,y rV ?' -120-0 ??
(14) --- INV ? tN.I-- ? L r9 hrC t?--- --
(your signature) - ------ 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 (11/99)