Garcia v. NCDEQ 22 EHR 03628 Update from Mediation in Parallel Litigation

Baker, Caroline D
From: Christian Kiechel <[e-mail]>
Sent: Friday, October 28, 2022 3:02 PM
To: Roberts, Ashton; Bryant Clark, Adrienne
Subject: Garcia v. NCDEQ 22 EHR 03628 Update from Mediation in Parallel Litigation
Mediation was seven hours yesterday to end with "maybe we have a framework that could maybe settle all disputes as
to the road and right of way if everything falls in place."
We are essentially building a compromise in reverse. The neighbors support the parking pad remaining where it is, and
with the ability for communal turnaround use. The trade-off is Ms. Garcia would not seek to have the cul-de-sac that is
on the platted right of way put in. Instead the road would remain as it were, with some functional improvements, but
the parties are negotiating as to what that form would be. Our proposal, and I believe the one with the most support
proposal, would be to keep the road as it is, with the exception of resurfacing it, and then create as 12-foot shoulder on
one side that would be gravel or something similar to allow for passing, pull -off, etc. I've attached the plat map for
convenience but, due to utilities and other provisions on the right side, this would necessitate the proposed shoulder
going on the left side. It would extend up to the current parking pad. The right of way itself would remain in place, but
with a series of documents that run with the land firmly setting the road to not be expanded further. The right of way
itself needs to stay in place due to various title issues
Given all of that information, one of the key questions is what would DEQ's position be as it relates to some form of
compromised settlement that allows for the parking pad to stay in place, any other environmental concerns remedied,
and for the expansion of the road. While I don't think all of the proposed should would be in the buffer based on that
description, I do think at least a little bit of it would be in at least zone 2. It would, however, be substantially less than
the alternative, which would be expansion of the road to the full right of way, including the cul-de-sac, which would
definitely place large portions in both zone 1 and zone 2.
Let me know the initial thoughts here. This potential compromise was drawn up by a gaggle of lawyers and certainly is
more of a concept than a full plan. I anticipate the parties would be willing to discuss and potential agree to changes to
mitigate any harm from such proposal or make alterations to address any concerns DEQ would have with the proposal.
Christian Kiechel
Associate Attorney
Pope McMillan, PA
[phone]