From: Erika Kellerhals Sent: Friday, November 11, 2016 8:55 PM To: Michele Baker Cc: Jean-Pierre Oriol; Chris Kroblin Subject: Re: NOVA-04-16-STT Miche=e, Good afternoon. I apologize for not responding sooner, but our =ffice was closed today for the holiday and I was not checking email as ofte= as I do on a normal work day. In the Notice to Cure served =y your agency on November 4, 2016, the Commissioner unilaterally gave=us only ten (10) days, (where normal business practice is a rea=onable time when not described in the contract ) including weekends a=d holidays, to remove "all unpermitted development and structures lis=ed above and reinstate the areas disturbed to their natural undisturbed sta=e or provide a valid permit authorizing such." The ten days cited in =he Notice to Cure would expire on , as contrary to customary business practices,=your agency is using calendar days and not business days. I am not awa=e of any statutory provision that would require calendar days, but if I am =istaken, please let me know. =br> As you know, we submitted a written request for an extension o= time to cure the alleged violations by email on Monday, November 7, 2016. =ection 3d of the Settlement Agreement executed by the parties contemplates =he expiration of a cure period, however no time period was agreed upon by t=e parties in the executed Agreement. In our November 7th letter, we re=uested time for a reasonable mobilization period as well as the opportunity=to discuss the required cure provisions at our meeting scheduled on the&nbs=;November 16, 2016. We also ind=cated that we did not believe that ten (10) calendar days is a reasonable a=ount of time. In communicating with you, my hope was that we could come to = mutual agreement as to what would in fact be reasonable. We=also anticipated that the meeting would provide an opportunity to discuss f=ctual inaccuracies relied upon in the Notice to Cure, which includes the re=oval of moorings that w