20070966 Ver 1_General Correspondence_20080421

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PROPERTIES
GROUP
April 15, 2008
VIA CERTIFIED MAIL
#70072680000071791391
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Re: Cypress Bay Plaza, Carteret County
Ut to Newport River [030503, 21-(17), SA, HQW]
DWQ #20070966; USACE Action ID. No. 2007-1700-016
Approval of 401 Water Quality Certification with Additional Conditions
Dear Ms. Sullins:
Further to your 401 water quality approval letter of September 14, 2007 (the "Approval Letter"),
please be advised that USPG Portfolio Two, LLC ("USPG") has been pursuing the 404 Corp
Permit and the CAMA Division of Coastal Management Permit since the date of the Approval
Letter. Unfortunately, despite our efforts we have not been able to obtain either of them to date.
Both the Corp and the Division of Coastal Management have asked for addition information and
analysis of a few matters and we hope to be through with same in the next month and obtain the
404 Permit and the CAMA Permit shortly thereafter.
As you are aware, obtaining the necessary permits to relocate wetlands is a difficult, complicated
costly and time consuming endeavor. Unfortunately, with our efforts being concentrated
on obtaining the necessary 404 Permit and CAMA Permit (without which USPG will not be
permitted to relocate the subject wetlands), USPG has not progressed with its efforts to obtain
and provide a storm water management plan (the "storm water plan") on a timely basis in
accordance with the Approval Letter. While we have contacted Linda Lewis at the Division of
Water Quality - Stormwater, we have yet to receive info we believe to be necessary to formulate a
storm water plan. Such information I believe should include including the storm water plan,
drainage drawings and an answer as to whether or not USPG will require a storm water permit.
We have engaged an engineering firm to follow up on this matter for us and hope to have the
necessary information in the next month.
Accordingly, this letter will serve as a request to extend the time frame in the Approval Letter to
provide the Storm water Plan to June 15, 2008. I look forward to your response.
Sincer y,
U'
ames P. McNally
Director of Construction
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cc: Bernie Grenon
Cynthia Hicks
310 S. Hamilton Road • Gahanna, OH 43230
Phone [phone] • Toll Free [phone] • Fax [phone] • www.uspginc.com