20061617 Ver 1_Staff Comments_20060727

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July 27, 2006
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
Alan W. Klimek, P.E. Director
Division of Water Quality
The purpose of this letter is to update the Division's letter dated July 13, 2006 describing 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. However,
DOT has performed, or proposes to perform, environmental mitigation related solely to the
estimated impacts located within the area of the proposed bridge and interchange. Wendell Falls
is responsible for any additional mitigation that may be required because of modifications to the
bridge and interchange.
2) Any application for construction by Wendell Falls Development (Wendell Falls) of an
interchange to US 64 will be included in the overall application for the Wendell Falls
development. 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 that are required by applicable state statutes,
regulations, rules and policies to be included in DWQ permit applications. DWQ and USACE
have agreed that there will be two identification numbers contained on the permit -one for the
entire project and one for the bridge and interchange.
3) At present, Wendell Falls has an agreement with DOT (the "DOT Agreement") that authorizes it
to design, plan, permit, and construct an interchange on the US 64 Bypass on Right of Way
presently owned by DOT.
4) DOT has previously acquired all of the necessary Right of Way ("ROW") for the bridge and
interchange as currently proposed. All of the necessary ROW for any modifications to the bridge
and interchange and for the remainder of the project will be acquired by Wendell Falls or DOT
prior to the submittal of an application for the 401 Certification.
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NorthCarolina
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North Carolina Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 Phone [phone] Customer Service
Internet: www.ncwaterqualitkorg Location: 512 N. Salisbury St. Raleigh, NC 27604 Fax [phone]
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Mr. Bruce R. Thompson II
July 27, 2006
Page 2
Roles, Responsibilities, and Rights of Wendell Falls
1) 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) Notwithstanding any other provisions of law, DENR shall allow Wendell Falls to be the sole
applicant for any necessary permits or certifications relating to the construction of the bridge and
interchange as well as the remainder 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 interchange that have been previously granted by permit
or certification to DOT.
4) Without limiting the foregoing, to the extent that Wendell Falls would be required by DWQ or
applicable state statutes, rules, regulations or policies to perform mitigation for impacts
associated with the construction of the proposed bridge and interchange, Wendell Falls shall be
entitled to credit against any such requirement for mitigation that has been or will be performed
by DOT with respect to the proposed bridge and interchange (whether specifically for the bridge
and interchange or as part of a larger project or group of impacts).
5) Wendell Falls will be responsible for acquiring any remaining necessary environmental permits
and authorizations related to the proposed bridge and interchange. For such 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 as provided in applicable
state statutes, rules, regulations, and policies,
c. performing the mitigation required by DWQ for impacts related to the
proposed bridge and interchange, to the extent that DOT has not already
performed or will perform mitigation, and performing such additional
mitigation as may be required by applicable state statutes, rules
regulations and policies with respect to new impacts, if any, caused by
changes to the project design, if any, and the connecting road.
d. constructing the 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,
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e. Upon satisfactory completion of the interchange construction, notifying
DOT, in accordance with the DOT Agreement, of the project completion.

` Mr. Bruce R. Thompson II
July 27, 2006
Page 3
6) Wendell Falls shall be entitled, as part of its application package, to use and rely 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 specifications.
Roles, Responsibilities, and Rights for DOT
1) DOT will participate in the environmental permitting process by providing access to materials
previously submitted to DWQ and UACAE, performing inspections, and being available to
respond to issues that may arise regarding design and environmental mitigation.
2) Upon satisfactory completion of the interchange construction, DOT will be responsible for the
operation and maintenance of the facilities implemented to protect water quality or otherwise
comply with applicable state statutes, rules, regulations or policies, including without limitation
all hydraulic structures, stormwater BMPs, and protected riparian buffers located in the DOT
right of way. Wendell Falls will no longer be responsible for such features.
3) In accordance with the DOT Agreement, if Wendell. Falls does not complete construction of the
project, DOT will execute on a performance bond.
We trust you will find the information will be sufficient to fulfill your needs. However, if you require
any additional information or have any questions, please contact me at 919-733-5083 x204.
Sincerely,
Coleen H. Sullins, Deputy Director
cc: Paul Rawls, NCDWQ
Tom Reeder, NCDWQ
John Hennessy, NCDWQ
Cyndi Karoly, NCDWQ
Ian McMillian, NCDWQ
Len Sanderson, NCDOT
Debbie Barbour, NCDOT ~~~ ~ `9 `~~ I ~`~' ~~,~~_ _ ~ r
Greg Thorpe, NCDOT ~~~~ ~ ~;,~t
Greg Ferguson, Mercury Development ~ ~ ~ ~ ~ y i ~ i~ ~ ~~
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