20080868 Ver 2_Court Case Correspondence_20090421

Dorney, John
From: Payne, John [[e-mail]]
Sent: Tuesday, April 21, 2009 4:19 PM
To: [e-mail]
Subject: FW: PCS v. DENR NHP - Petition
Attachments: 20090420104023416.pdf
From: [e-mail] [mailto:[e-mail]]
Sent: Monday, April 20, 2009 5:24 PM
To: Payne, John
Cc: [e-mail]; [e-mail]; [e-mail]
Subject: PCS v. DENR NHP - Petition
John:
FYI - Pursuant to our previous discussions and today's vm from George and me, attached below is the contested case
petition PCS filed last Thursday with OAH re: NC DENR NHP.
Please give Goerge and me a call to discuss when you get a chance.
Alexander Elkan
Brooks, Pierce, McLendon, Humphrey & Leonard, L.L.P.
Attorneys and Counsellors at Law
2000 Renaissance Plaza
230 North Elm Street (27401)
P.O. Box 26000 (27420)
Greensboro, North Carolina
Firm Phone: [phone] Firm Fax: [phone]
Direct Phone: [phone] Direct Fax: [phone]
Email: aelkan(Dbrookspierce.com
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PLEASE PRINT CLE ;L'Y 121 TY I^
STATE OF NORTH CAROLINA IN THE OFFICE OF
COUNTY OF (1) Beaufort 0 APR 16 PM * 3 1 ADMINISTRATIVE HEARINGS
(2) PCS Phosphate Company, Inc. ) OFFICE OF
? DMIN HEARINGS
(your name) PETITIONER, )
PETITION
V. ) FOR A
CONTESTED CASE HEARING
(3) North Carolina Department of Environment and Natural Resources )
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.)
Respondent is operating the National Heritage Program in violation of the enabling statute (NCGS Chapter 113A,
Article 9A), the implementing regulations; and other regulations. Respondent has also failed to promulgate
regulations as required by said statute. Respondent has improperly, erroneously, and unlawfully included on
Respondent's "List of Significant Natural Heritage Areas" Petitioner's property in Beaufort County (identified
below). Respondent's actions and failure(s) to act are presently and may in the future substantially interfere with
or deprive Petitioner of the use and enjoyment of such property without due process of law or just compensation.
Petitioner's properties currently affected: Bonnerton Road Wet Hardwood Forest and Seeps; Sparrow Road Wet
Hardwood Forest; and, Drinkwater Creek Wet Hardwood Forest.
(4) Because of these facts, the State agency or board has: (check at least one from eac
X_deprived me of property; _X
ordered me to pay a fine or civil penalty; or X_
-X-otherwise substantially prejudiced my rights; AND X
X
X
(5) Date: April 15, 2009
h column)
-exceeded its authority or jurisdiction;
acted erroneously;
-failed to use proper procedure;
-acted arbitrarily or capriciously; or
-failed to act as required by law or rule.
(6) Your phone number: ( 336 ) 271-3115
(7) Print your full address: PO Box 26000 Greensboro NC 27420
(street address/p.o. box) (city) (state) (zip)
(8) Print your name: PCS Phosphate Company, Inc. by its attorneys, George W. House and William P.IJ.
(9) Your signature:
Cary
You must mail or deliver a COPY of this Petition to the State agency or board named on line (3) of this fpm, y6u should contact the
agency or board to determine the name of the person to be served. 'V
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) Mary Penny Thompson, General Counsel (11) NC Dept. of Environment and Natural Resources
(name of person served) (State agency or board listed on line 3)
(12) 1601 Mail Service Center Raleigh NC 27699-1601
(street address/p.o. box) (city) (state) (zip code)
(13) This the 15th day of April, 20
When you have completed this form, you MUS
Hearings, 6714 Mail Service Center, Raleigh, NC
signature)
deliver the ORIGINAL AND ONE COPY to the Office of Administrative
14.
H-06 Instructions (12/08)