20061617 Ver 1_DOT Comments_20070321

' NCDOT Fax~919-733-9428 i~1ar 21 2007 858
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STATE OF NORTH CAROLINA
DEPAR'T1V~~N~' OF T'RANSPORTA'TrON
Mlcynt:l,F. EASLt:Y
GOVERNOR
July 28, 2006
Mr. Bruce•Thompson, fI
Parker Poe Adams & 13errzsteizz
Post Office I3ox 389
Raleigh,•Nonh Carolina 27602
Dear Mr. Thompson:
P. 02
LYrvaa TtrrEr'r
SecRCTA12Y
Deputy Secretary Susan Coward and I have reviewed your fax memorandum dated ,iuly 26, ?006.
regarding the Wendell Falls Development in Wake County.
The Department ezztered into an AgreemenC with Wendell Pa11s Development on January 19,
2006, and a Supplemental Agreement on July 19, 2006. The Agreement set Earth. the
responsibilities of each party in relation to the construction of an interchanbc on US-64 Bypass
and >/agle Rock Road and roldway improvements connecting to existing state owned roadways.
'Your fax referenced three "Roles, Respansibiliti~, and Rights for DOT" orz }?age 3. x'he
Department is in agreement with these items as they relate to the Original A~~reenzent datui
.lanuary 19`I'.
Tl~e Department is also in ah~reetxzexat with the addition of a founh item related to Provision X113
addressed In the Original and Supplemental Agreements. That provision states "Prior to
November l , 2006, the Developer shall provide documentation of the local Municipal Planning
Organization (MPO) approval of the proposed alxgrtznezzt of th,e roadway seenclent of [he Project".
The pepartment a~ees to conour with the roadway alignment approved by the MPp.
if this office can be of further assistance, please let the know. We appreciate your assistance in
resolving the iasues and con.cerzas of ~xlendell Falls Development.
Sine ly,
Lenz A. Sanderson, P.E.
State Highway Administrator
LAS/bs
ec: Susan Coward, Deputy Secretary
MAU.ING ApOR655: THLHP/IpN~: 818-733-7384 I,OCATI(7N:
NC DE{PJA.RTMENT OR rRANBPORTAYION FAX' 919-733.9428 TRANSPORTATION BUILDIN;
STATH I N3~1WAY AorwlNiuTRATOR ~ 1 SOUTH WIU.NNBTON STFHHT
'IS361u1A11 SSR`iICC (`ieNTBR W6BS7TE: ld1MNbON.DOT STA'1~.NC.U3 RALEIGH nlC
RALEIGH NC 27889-753E

NCDOT
Fax:[phone] Mar 21 2007 8:58 P. 03
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Qittorneys a+d en.»~aseo,. at laud
Wa~bovia Capitol Ccosmr
150 FayetteviJ]e 5treei, Saire 1404
' Past Once hox 389
Raleigh! NC 276{72
Telepphone: 919.828A564
~„ Fnx: 919.834,4564
wwav.parkerpoc~com
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ry.C. DEPT. {''~ '~: ~~~'; ~Rreri
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~ACSiArIIi.~ ~t.ANSl-1ISSYON CUYFIt SHEET
. ~IiIVIl,EGED CO~CATION/
' A RN'EY' WORK PR DUB
Ia case aY difficulty is transmission of Facsimile, please eau 919.828.0564-
"T0: COjvinANY:
i~ Richard Roger DEN1t
'a' ~ Snsa~d Coward and N("AOT
1L•en $anderlDO>s
FROM: 1L Bruao'Y~ompeon ~
CLti~ M~'C'rEA: 51143
R£: W~~eb Falls Ag;reememt
FAX N0.
'715.3060
733-9150
DAT£: ,fa1y ~G, 2006
Oft O~C~S3
CHARLESTON, SC '
CHA1~-OTT, NC
COLYJMBlA, SC
S>~A7~rnNevx~, SC
RECIp15NT' S pHOAiE NO
COM1v~~NTS: Y hive anode cbtatd0es based on re~y colxgel~ssliion vritb Y.eaa ye8terda~- aqd Richard ttlie
opornsng, x did ~aot tnalre all of the cl!<ax}ges sng~ested bq I[.e~n becxnae Y believe that ~
writteAy this ver>l~ion takes care oY all of the essnes we dfseussed. Raged on oar phone
Q,, caaversation thug moraiog, X believe Rlchstrd is eona~ortsbk with Lore we hews worded flow
teams that lmapart D~"NR.
X do not have tonal authority framt my client ou tfiiB w'ersioq bqt w~ recoluolmend that tb~ey
accept it if your agencies are comfortable wit4 tole laogaage. Y >;m headed to the legtslatn>re
xp please esp my cell phone [phone]) if yop Wism to dliaCUas.
Total number o#'pages includitlg cover: 4. 1}ailsmitted hy:
Timc:
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1+RE HptFT3Y NOTIFIED TIOT TO READ, DISTR®U1Ti OR GOpY TtiH 1,7ATt:0.IAIB ATTACF~I?7IDRET0 wn1~10U7 THE PRIOR W}trl'fEN CONSENT' OF 7HE
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PAL 340164v1
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NCDOT Fax~919-733-9428 Mar 21 2007 858 P. 04
Understanrting of the Facts
~ 1) At present, there are no existing authorizations issued by the pivnsioti of ~Jater
Quality (pWQ) tlxat permit impacts to waters of the state ox protected riparian buffers
for this projeot. ~lowever, DOT ~ has performed, or proposes to perform,
eztviconmental mitigation related solely to the estimated impaet5 loo2-ted within the
area of the proposed bridle and interchange. Wendell Falls is responsible for any
Sdditional mitigation that may be required because of modifications to the bridge and
interchange,
2) Any application for construction by Wendell Falls Development ('pV'enct$ll ]"ails} of an
~ interchange to US 64 will be included in the overall application for the Wendell Falls
development. The application will inoluda ail aspects of the projccs includinrg the
proposed interchange, the proposed new road from the interchange ~ through ttie
development, and alI necessary components o£ the development that a~se required by
applicable state statutes, regulations, rules and policies to be included in DWQ permit
' applications. T?WQ and YJ$ACE have agreed that there will be two identification
numbers coataitl~ on the perniit -one for the entire project and one for the bridge
and interchange. •
3) At presen#, Wendell Falls has an' a~,rreemeztt ~witli DOT (the "DOT Agaeement") that
~ autborl2es It to design, plan, permit, and construct axe interchange on the US ~4
Bypass on }tight of Way presently owned by DOT.
4) DOT has previously acquired all of the necessary Ri6ht of Way ("~-<3W") for the
bridge and interchango as cuixently proposed. All of the necessary &tOW for any
' modifcations to the bridge aitd iunt~rchange and for the remainder of flee project will
be acquired by Wendell Falls or laC1T prioz to the submittal~of an appl~.cation for the
401 Certification.
holes, 1tesponstbflities, and Rights of yYendell Falls
~ I} Wendell Falls Development will continue to hold prcapplication meetsizags with the
DWQ to dxseuss the project plaiuiing and design' prior to submittal of a fornaal
application, wlticri wltl enable permitting to occur more quickly.
2)' Notwithstazadirsg any other provisions of law, DSrI~IR shall allow Wendell Falls to be
the sole applicant for any, necessary pezinits ox certifications re.~ating to the
construction of the bxxdge and interchange as well as the rernaiader of the project.
3) Wendell Falls shall also possess any and all rights and responsibilities pertaining
~ solely to the construction Of the proposed bridge and iixtexchange tl~t have been
previously granted by permit or certification to DOT.
fiAi. 3dt 864vi

NCDOT Fax~919-733-9428 Mar 21 2007 859 P. 05
,,
4) Without limiting the foregoing, to the extent that Wendel)" ]"ills would be required by
DWQ or applicable state statutes, rules', ragulatiaas or policies to perform mitigation
for impacts associated with the construction of the proposed bridge and interchange,
Wendell Falls shall ba entitled to credit against any suelr. requixgtnent for mitigation
~ that has been or will be perfomoed by DOT with respect to the proposed bridge and
intercb~.aaage (wlxeiher specifically for t7•ie bridge and interchange or as part o£ a larger
project oar group of impacts).
5) . Wendell Falls wilt be zesponsible for acquixix~g any rcmait~ing necessary
environmental permits and authorizations related to• 3he proposed bridge and
interchange. For such envvironmental • authorizations lssuurd by the D'UVQ, Wendel]
Falls will follow the standard applicatiob and construction processes, including:
a. applying far authorizations,
b. avoiding and minintizing impacts for the project as provided in
applicable state statutes, rules, regulations, aid policies,
. c. perforu~.ing the mitigation required by DWG for impacts related
to the proposed bridge and lxtterchange, to the extent that DOT
has spot already performed or will perfozm mitigation, and
pert'orming such additiolna] x~aitigation as may be required by
applicable sate statutes, rules regulations and policies with
respect to new impacts, if any, caused by cbaauages to the project l~
~ design, i£sny, and Lhs connecting road.
d, constructing the BMPs to protect watez quality required in any
441 'Water Quality Certifieatiort or Neuse River Riparian Buffer
Authorization that may be issued by the 1)WQ,
e. 'Upon satisfactory completion of the interchange construction,
notifying Y7OX, in accorcYanee with the DO7l' Agreement, of the
project completion. ••
~ Wendell Falls shall be entitled, as part of its application package, to use and rel~on
any materials submitted by DOT that relate to the proposed bridge and interchange,
including without limitation any mitigation proposals, sedimentation and erosion
control plans, and any other plans and apeclfications.•

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RAL 34t$64va

NCDOT
. ,
Fax~919-733--9428 Mar 21 2007 859 P. 06
Rotes, Responsibilities, and Rights for L707'
l) DOT will participate ixt the environmental permitting prooess by providing access to
materials previously submitted to DWQ and YJACAE, performing inspections, and
beitng available to respond to issues that may arise regarding design and
cnduonmental mitigation.
2) Upon satisfactory completion of the interchange construction, DOT wilt be
responsible for the operation atzd maintenance of the facilities implemented to protect
water quality or otherwise comply wit}x applicable state statutes, rules, regulations or
policies, including without, limitation all hydraulic structures, stormwater BlviPs, and
protected riparian buffers located inn the DOT tight of way. Wendell Falls will no
longer be ~rosponsible for such features.
3) Xxk accordance with the DOT Agreement, if Wendell Falls does trot complete
construction of the project, DOT will exeeate on a performance bond.
~.

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RAL 941864v1