20050732 Ver 06_More Info Letter_20071108

~~ WAT~~ Michael F. Easley, Governor
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Q G William G. Ross Jr., Secretary
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(fj r North Carolina Department of Environment and Natural Resources
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Coleen H. Sullins, Director
Q ~ Division of Water Quality
November 8, 2007
CERTIFIED MAIL: RETURN RECEIPT REQUESTED
Mr. Mitch Barron
Newland Communities
31 Hillsboro Street
Pittsboro, NC 27312
REQUEST FOR MORE INFORMATION
Re: Briar Chapel, Chatham County
DWQ #2005-0732; USACE Action ID.No. 200121252
Dear Mr. Barron:
The Division of Water Quality (DWQ} is in the process of reviewing your request for an after-the-fact
modification to the 401 Water Quality Certification issued May 9, 2006 for the referenced project. 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 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:
1. Verification of Property Ownership or Owner's Approval to Apply
We have been apprised that you are not the current owner of portions of the property involved in the
modification request, which makes commensurate preservation of the aquatic features questionable.
Please note that in accordance with 15A NCAC 2H .0502(f), an applicant must be able to certify
ownership of the property, or authorization to sign on behalf of the owner. Please provide either a
signed authorization letter from the property owner (with their contact information) to apply on their
behalf, or, if you intend to purchase the property, a copy of the title indicating the property has been
transferred to you.
401 OversighUExpress 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://www.ncwaterquality.org
Noe Carolina
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An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper

Mitch Barron
Page 2 of 2
November 8, 2007
Please respond in writing within 30 calendar days of the date of this letter by sending a copy of this
information to me and to Lauren Witherspoon of the DWQ Raleigh Regional Office.. If you will not be
able to provide the requested information within that timeframe, please provide written confirmation that
you intend to provide the requested information, and include a specific timetable delineating when the
requested materials will be provided. If we do not hear from you in 30 calendar days, we will assume that
you no longer want to pursue this project and we will consider the project as returned.
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 Mr. Ian McMillan or Ms. Cyndi Karoly at 919-733-1786 if you have
any questions regarding or would like to set up a meeting to discuss this matter.
Sincerely,
Cyn ~ i Karoly, Supervisor
401 Oversight/Express Review Permitting Unit
CBK/cbk
cc: Becky Fox, EPA, 1307 Firefly Road, Whittier, NC 28789
Monte Matthews, U.S. Army Corps of Engineers, Raleigh Regulatory Field Office
Lauren Witherspoon, DWQ, Raleigh Regional Office
John Holley, DLR Raleigh Regional Office
File Copy
Central Files
Sean Clark, Soil and Environmental Consultants
Elaine Chiosso, Haw River Assembly, P.O. Box 187, Bynum, NC 27228
20050732BriarChapel(Chatham)HOLD