20120471 Ver 2_More Info Letter_20140520

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NCDENR
North Carolina Department of Environment and Natural Resources
Pat McCrory
Governor
May 20, 2014
Stantec Consulting Service, Inc.
Attn: Melissa Ruiz
801 Jones Franklin Road, Suite 300
Raleigh, NC 27606
Subject: REQUEST FOR ADDITIONAL INFORMATION
NC 55 Southbound Lane Addition (Kit Creek Culvert)
Dear Ms. Ruiz:
John E Skvarla, III
Secretary
DWR # 2012 -0471 v.2
Wake County
On May 14, 2014, the Division of Water Resources (Division) received an application requesting
a 401 Certification and Buffer Authorization from the Division for the subject project. The
following information was omitted and is necessary for the processing of an application:
1. According to the deed and parcel information provided in the application, the current
owner of the parcel is NCDOT, not Kite Realty Group or KRG /PRISA II Parkside, LLC.
When the applicant does not have title to the property, documentation must be
provided that the applicant has been authorized by the owner to apply for a
certification. Also, please list the owner information (NCDOT) in part A -3 of the PCN and
list the applicant information (Kite Realty Group or KRG /PRISA II Parkside, LLC)
separately in part A -4 of the PCN.
2. The agent authorization document needs to include the signature of the owner or party
acting on their behalf (applicant) and the party they wish to wish to authorize (agent/
consultant) to apply for a certification. If the applicant is to remain Kite Realty Group,
an updated agent authorization document must be submitted. If KRG /PRISA II Parkside
is to be the applicant, the agent authorization information is complete as submitted, but
information in part A -4 must be updated to reflect this applicant change.
3. When the applicant is a corporation, the Division requires the state in which it is
domesticated, the name of its principal officers, the name and address of the NC
process agency and the name of the individual who shall be primarily responsible
(pursuant to 15A NCAC 02H .0502 (a)(3)). Kite Realty Group is not listed on the NC
Department of the Secretary of State's Corporation website
Division of Water Resources — 401 & Buffer Permitting Unit
1650 Mail Service Center, Raleigh, North Carolina 27699 -1650
Location 512 N Salisbury St Raleigh, North Carolina 27604
Phone 919 - 807 -63001 FAX- 919 - 807 -6494
Internet www ncwaterquality org
An Equal Opportunity 1 Affirmative Action Employer— Made in part by recycled paper

DWR# 2012 -0471 v 2
Request for Additional Info
May 14, 2014
(http: / /www.secretary. state. nc .us /Corporations /CSearch.aspx). KRG /PRISA II Parkside,
LLC is listed on the NC Department of the Secretary of State's Corporation website, but
is not named as the applicant in part A -4 of the PCN. This will need to be resolved
before the Division can process an application from Kite Realty Group.
4. The Jordan Lake Riparian Buffer Rules are implemented by the local governments, not
the Division. Please apply to the Town of Cary for a buffer authorization for any Impacts
to the protected riparian buffer. Please resubmit a corrected page 5 of 10 without
buffer Impacts filled in.
Pursuant to Title 15A NCAC 02H .0502(e), the applicant shall furnish all of the above requested
information for the - proper consideration of the application. Please provide 4 copies of the.
requested documentation in order to properly process your request.
If all of the requested Information is not received in writing at the address below within 30
calendar days of-receipt of this letter, the Division will be unable to process the application and
it will be returned. The return of this project will necessitate reapplication to the Division for
approval, including a complete application package and the appropriate fee.
Please be aware that you have no authorization under Section 401 of the Clean Water Act or
Title 15A NCAC 02B .0250 for this activity and any work done within waters of the state and /or
the protected riparian buffer may be a violation of North Carolina General Statutes and
Administrative Code.
Please contact Niki Maher at 919 - 807 -6367 or me at 919 - 807 -6360 if you have any questions or
concerns.
Sincerely,
Karen Higgins, Sup i
401 & Buffer Permitting Unit
cc: David George, Kite Realty Group: 30 South Meridian St, Suite 1100, Indianapolis, IN 46204
USACE Raleigh Regulatory Field Office
DWR RRO 401 files
DWR 401 & Buffer Permitting Unit
Filename 120417v 2NC55SouthboundLane Addn(Wake)_Hold