20061617 Ver 1_General Correspondence_20060713

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Mr. Bruce R. Thompson, II
Parker, Poe, Adams, and Bernstein
PO Box 389
Raleigh, NC 27602
Dear Mr. Thompson:
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
July 13, 2006
Alan W. Klimek, P.E. Director
Division of Water Quality
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The purpose of this letter is to describe the application process for the proposed Wendell Falls
Development, as well as the roles, responsibilities, and rights that we believe exist with the
Wendell Falls Development, LLC, and the North Carolina Department of Transportation (DOT).
Below we have described this information.
Understanding of the facts
1) At present, there are no existing authorizations issued by the Division of Water Quality
(DWQ) that permit impacts to waters of the state or protected riparian buffers for this
project.
2) Any application for construction of an interchange to US 64 will need to be part of the
overall application for the Wendell Falls Development (Wendell Falls). The application
will include all aspects of the project including the proposed interchange, the proposed
new road from the interchange through the development, and all necessary components
of the development.
3) At present, Wendell Falls has an agreement with DOT that allows them to plan, design,
permit, and construct an interchange on the US 64 Bypass on Right of Way presently
owned by DOT.
4) All the necessary Right of Way (ROW) for the project will be acquired by Wendell Falls
or the DOT prior to the submittal of an application for the 401 Certification.
Roles, Responsibilities, and Rights of Wendell Falls
1) While not required, it is highly recommended that Wendell Falls Development will
continue to hold preapplication meetings with the DWQ to discuss the project planning
and design prior to submittal of a formal application, which will enable permitting to
occur more quickly.
2) Wendell Falls will be responsible for acquiring all necessary environment permits and
authorizations. For the environmental authorizations issued by the DWQ, Wendell Falls
will follow the standard application and construction processes, including:
a. applying for authorizations,
b. avoiding and minimizing impacts for the project to the maximum extent
racticable, one
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North Carolina Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 Phone [phone]]5
Customer Service
]ntemet: www.ncwaterquality.org Location: 512 N. Salisbury St. Raleigh, NC 27604 Fax [phone]-
623-6748
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Mr. Bruce R. Thompson II
July 13, 2006
Page 2
c. mitigating for the unavoidable impacts as required by state statutes, rules,
regulations, and policies,
d. constructing all necessary BMPs to protect water quality required in any 401
Water Quality Certification, or Neuse River Riparian Buffer Authorization that
may be issued by the DWQ,
e. Upon apparent completion of the interchange construction, notify DOT in
accordance with the agreement. DOT will assume responsibility for the operation
and maintenance of the interchange after inspection and satisfactory
determination of completion of the project.
Roles, Responsibilities, and Rights for DOT
1) Based on our review of the agreement, DOT will not participate in the environmental
permitting process.
2) Upon satisfactory completion of the interchange construction, DOT will assume
responsibility for the operation and maintenance of the facilities implemented to protect
water quality downstream of the project, including all hydraulic structures, stormwater
BMPs, and protected riparian buffers located in the DOT right of way.
3) In the event that Wendell Falls does not satisfactorily complete construction of the
project, we understand that DOT is requiring a performance bond that will enable DOT to
stabilize any disturbed areas in the transportation ROW to the extent that downstream
water quality will be protected.
We trust you will find the information will be sufficient to fulfill your needs. However, if
require any additional information or have any questions, please contact me at 919-733-5083
x204.
Sincerely,
o een H. Su i ,Deputy Director
cc: Paul Rawls, NCDWQ
Tom Reeder, NCDWQ
John Hennessy, NCDWQ
Cyndi Karoly, NCDWQ
Ian McMillian, NCDWQ
Len Sanderson, NCDOT
Debbie Barbour, NCDOT
Greg Thorpe, NCDOT
Greg Ferguson, Mercury Development