20090998 Ver 1_Time Ext Request_20091217

Dq- oqq 8
Public Services Department
?y
December 7, 2009
Ms. Sue Homewood
Winston Salem Regional Office
NC Division of Water Quality
585 Waughtown Street
Winston-Salem, NC 27107
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NORTH CAROLINA'S INTERNATIONAL CITr
RE: Request for Schedule Extension
401 Certification DWQ # 09-0998 (formerly DWQ # 05-1935)
Deep River Sewer Outfall Segment 3
Guilford County NC
Dear Ms. Homewood:
DEC 17 2009
DENR - WATER 00A M
WETLANDS AND STORAIWATER IM"
The purpose of this letter is to request an extension of the December 31, 2009 deadline specified in
the above-referenced Water Quality Certification as Condition 2. Several of the sites requiring
modification are located on a property currently under legal proceedings between the owner and the
City of High Point. As the attached letter from the City's lawyer states, any work performed on this
property during the legal process could jeopardize the outcome and cause additional problems.
The work will be completed prior to the expiration of the US Army Corps of Engineers 404 Permit
and therefore this schedule extension will not affect or require modification of that permit.
Our lawyer suggested a minimum deadline in the attached letter of March 31, 2010. Please let us
know if you need additional information in your evaluation of this request.
Sincerely,
t 4?,-t
Terry Houk
Assistant Director of Public Services
City of High Point
Cc: Ian McMillan, NCDWQ 401 Unit
Andy Williams, USACE Raleigh Regulatory Office
W. Chris Thompson, City of High Point
Robert Davis, Davis Martin Powell & Associates, Inc.
Phil May, Carolina Ecosystems, Inc.
City of High Point, P.O. Box 230, 211 South Hamilton Street, High Point, NC 27261 USA
Fax: [phone] Phone: [phone] TDD:336.883.8517
? SMITHMORWODE
November 23, 2009
Mr. Terry Houk
City of High Point
PO Box 230
High Point, NC 27261
Re: Marie Poteat v. The City of High Point, Central Builders, Inc. and Davis-Martin-
Powell & Associates, Inc.
Guilford County Superior Court
09 CvS 5444
Dear Terry:
As you know, the above-referenced litigation is pending in Guilford County Superior
Court. Our firm represents the City of High Point in the case.
I write to you now in light of the 2 October 2009 letter from the North Carolina
Department of Environment and Natural Resources relating to the approval of the 401 quality
certification for the Deep River Outfall Segment 3 Project with additional conditions. "These
additional conditions include some additional work on the real property of Marie Poteat, the
plaintiff in the above-referenced matter.
DENR's 2 October 2009 letter requests that the additional work on Ms. Poteat's property
be performed by 31 December 2009. In light of the current status of the above-referenced
litigation, this will be problematical. There are pending motions in the litigation, and the
performance of the desired work may affect these motions. At the very least, the performance of
the desired work at this time could further unnecessarily strain the relationship between the
parties.
Decisions on the pending motions are expected in December 2009. This may not leave
sufficient time between the decision date and the 31 December 2009 deadline to have the desired
work performed properly, particularly in light of the upcoming holidays.
In light of the above, it would be beneficial if the deadline set forth in DENR's 2 October
2009 letter is extended beyond 31 December 2009. Extending this deadline to 31 March 2010
should provide sufficient time for the Court to make its required rulings and for the work to then
be performed consistent with DENR's 2 October 2009 letter.
Direct [phone] j lax [phone] bruce.ashlc,vg,,smithmoorclaw com
Smith Moore Lcathcrwood 111) • ;Attorncl, at Law
110 Box 2:92% (27420) 300 North Grecnc Street Suite 1400 Greensboro, NC 2,401 • 336,3785200 • ww-w.smithmoorclaw.corn
Atlanta, GSA • Charlotte, NC • Greensboro, NC • Greenville, SC: • Raleigh, NC • Wilmington, NC;
Mr. 'T'erry Houk
November 23, 2009
Page 2
If you have any questions about the above, please do not hesitate to contact us.
Sincerely, f - i
Bruce-k ?A`s h Tev- / -
BPA/knf
cc: W. Chris Thompson, P.E. (via email)
Fred Baggett, Esq. (via email)
JoAnne Carlyle, Esq. (via email)