20060331 Ver 1_Other Documents_20110912

Smith, Alexander & Morgan, LIT
ATTORNEYS AT LAW
Archie L. Smith. Jr.
J. Wilson Alexander. Jr.
Ben C. Morgan
August 31, 2011
State of North Carolina
Department of Transportation
Attn: Jeff B. Loflin
Post Office Box 1164
Asheboro, North Carolina 27204
State of North Carolina
Department of Transportation
Attn: Barry W. Harrington
Post Office Box 429
Sanford, North Carolina 27204
v4orth Carolina Department of Environment and Natural Resources
Attn: 'berry Mason Herndon
1601 Mail 'Service Center
Raleigh, North Carolina 27699 -1601
Re: Wyatt F'arlow Lake
Gentleman:
MM
� 4
141 Worth Street
Asheboro. North Carolina 27203
Telephone: [phone]
My office has been retained by Wyatt Marlow in reference to the property located at
3083 Thompson Heath Road, Sophia. As I am sure you are well aware, my client believes
that there is substantial erosion and sediment runoff occurring at the construction site of
US -311 Bypass near the Spencer Road exit. The sediment has migrated all the way to my
client's tract causing substantial damage to a lake located on the property.
My client has hired a soil scientist to survey the existing pond. After a preliminary
inspection, it appears that the findings will be in stark contrast to the pond sediment
investigation conducted by N.C.D.O.T. on October 25, 2010. At this time, my client is
simply requesting that adequate erosion measures be installed to prevent future runoff. In
addition, he is requesting that the sediment that has washed into his pond be removed. My
client hopes that this matter will receive the immediate attention that this serious situation
demands. Given the number of violations that have occurred at this site, I hope that the
Department of Transportation will take immediate steps to correct this problem.
If the Department of Transportation is unwilling or unable to rectify this situation, we
will be forced to file seeking damages as a result of the sediment erosion. Please do not

hesitate to contact my office once you have discussed this natter. I look forward to
hearing from you at you earliest convenience.
Sincerely,
SMITH, ALEXANDER & MORGAN, LLP
By: 5im C �-
Ben C. Morgan
u f!
CC: Mr. Wyatt I~arlow