20050732 Ver 06_More Info Letter_20070918

O~QF W ATF,4QG Michael F. Easley, Governor
~ ~ William G. Ross Jr., Secretary
~-- North Carolina Department of Environment and Natural Resources
~ ~
p ~ Coleen H. Sullins, Director
Division of Water Quality
September 18, 2007
DWQ Project # OS-0732, Ver. 6
Chatham County
CERTIFIED MAIL: RETURN RECEIPT REQUESTED
Mr. Mitch Barron
Newland Communities
31 Hillsboro Street
Pittsboro, NC 27312
Subject Property: Briar Chapel
Pokeberry Creek [030604, 16-37, WSIV, NSW]
REQUEST FOR MORE INFORMATION
Dear Mr. Barron:
On August 9, 2007, the Division of Water Quality (DWQ) received your application
modification request and Public Notice issued August 9, 2007, by the USACE, to fill or
otherwise impact 0.2903 acres of 404/wetland (0.1524 acres of permanent impact and 0.1379
acres of temporary impact) and 256 linear feet of perennial stream to construct the proposed
Briar Chapel mixed use development. The DWQ has determined that your application was
incomplete and/or provided inaccurate information as discussed below. The DWQ will require
additional information in order to process your application to impact protected wetlands and/or
streams on the subject property. Therefore, unless we receive five copies of the additional
information requested below, we will have to move toward denial of your application as required
by 15A NCAC 2H .0506 and will place this project on hold as incomplete until we receive this
additional information. Please provide the following information so that we may continue to
review your project.
Additional Information Requested:
Please submit documentation that clearly details the NCDOT requirements that mandate
your re-design and subsequent increase in impacts.
2. Have the proposed impacts already been conducted at the sites where you have proposed
changes?
3. Please clarify whether sufficient stream mitigation is available for the new impacts.
401 Oversight/Express Review Permitting Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] /FAX [phone] /Internet: http://h2o.enr.state.nc.us/ncwetlands
Not thCarolina
,Naturally
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Newland Communities
Page 2 of 2
September 18, 2007
Please submit this information within 30 calendar days of the date of this letter. If we do not
receive this requested information within 30 calendar days of the date of this letter, your project
will be withdrawn and you will need to reapply with a new application and a new fee.
This letter only addresses the application review and does not authorize any impacts to wetlands,
waters or protected buffers. Please be aware that any impacts requested within your application
are not authorized (at this time) by the DWQ. Please call Ms. Cyndi Karoly or Mr. Ian
McMillan at 919-733-1786 if you have any questions regarding or would lik ~ set up a meeting
to discuss this matter.
Since y,
yndi Karoly, Supervisor
401 Oversight/Express Review Permitting Unit
CBK/ijm
cc: Lauren Cobb, DWQ Raleigh Regional Office
DLR, Raleigh Regional Office
USACE Raleigh Regulatory Field Office
File Copy
Central Files
Nicole Thomson, S&EC, P.A., 11010 Raven Ridge Road, Raleigh, 27614
Elaine Chiosso, Haw River Assembly. P.O. Box 187, Bynum, NC 27228
William Sommers, 1067 Fearrington Post, Pittsboro, NC 27312
Filename: 050732Ver6BriarChapel(Chatham)Oo_Hold