20041111 Ver 1_More Info Letter_20050205

W A r
Q~O~
~RQG Michael F. Easley, Governor
~
~ r William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
~ ~
~ Alan W. Klimek, P.E. Director
Division of Water Quality
February 5, 2005
CERTIFIED MAIL: RETURN RECEIPT REQUESTED
Rhein Brightleaf, LLC
Attn: Mr. Richard Westmoreland
4000 Westchase Blvd., Suite 310
Raleigh, NC 27607
DWQ Project # 04-1111
Durham County
Page 1 of 2
Subject Property: Brightleaf at the Park, Lick Creek [03-04-O1, 27-11-(0.5), WS-IV NSW]
REQUEST FOR MORE INFORMATION
Dear Mr: Westmoreland:
On September 13, 2004, October 15, 2004 and January 31,2005, the Division of Water Quality (DWQ)
received your revised applications dated September 10, 2004, October 15, 2004 and January 28, 2005
respectively to impact 0.7 acres of wetlands, 0.0772 acres of isolated wetlands, 1,4121inear feet of
streams, 197 feet of isolated streams and 218,445 square feet (ft2) of riparian buffer to construct the
proposed Brightleaf at the Park Subdivision. The DWQ has determined that your applications were
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, streams and/or buffers 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 2B .0233(8) 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. Plan Details
a. Please provide details for the stormwater management practices as required by the Neuse
River Buffer Rules.
b. Please indicate all stormwater outfalls on the site plan
c. Please indicate the diffuse flow provision measures on the site plan.
2. Application
a. As described in our October 18, 2004 letter, DWQ considered your previous application
withdrawn. Therefore, you will need to pay a new Certification fee ($475.00) so we can
process the application.
b. Also the issues in our October 18, 2004 letter will need to be addressed. In particular
item 2 (listed below) in our letter discussing the Northern Durham Parkway, this letter
401 Oversight/ExpressOnit
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
NonrthCarolina
~atura!!y
An Equal OpportunitylAffirmative Action Employer - 50% Recycled/10% Post Consumer Paper

suggests that you set up amulti-agency meeting to address this issue. We believe that
this project cannot move forward before this crucial issue is resolved.
Northern Durham Parkway -The alignment for the Northern Durham Parkway
has not been approved. The alignment is required to go through the N.C.
Department of Transportation (DOT), Transportation Improvement Program
(TIP) Development Process as well as the State and Federal Environmental
Review process. The no practical alternatives, avoidance /minimization for the
road cannot be completed until the Northern Durham Parkway has been through
these processes. The DWQ recommends that you schedule a meeting with all
relevant parties, Durham, DOT, DWQ and USACE to discuss this very complex
issue.
3. EEP Acceptance
Finally, you have suggested that EEP be responsible for the compensatory mitigation but it is
not clear whether they are willing. Please provide a letter from EEP addressing this issue.
Please respond within three weeks of the date of this letter by sending this information in writing to this
office. If we do not hear from you within three weeks, then we will assume that you no longer want to
pursue this project and we will consider the project as withdrawn. Please note that the three week
deadline above only applies to your e~sting applications, you may decide to submit a new
application for an Individual Certification or General Certification(s) (if you are able to avoid the
need for an Individual Permit from the USACE) at any time.
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. John Dorney at 919-733-1786 if you have any
questions regarding or would like to set up a meeting to discuss this matter.
Sincerely, ,/'
,~
~~
Cyndi Karoly, Supervisor
401 Oversight Unit
CBK/JRD/bs
cc: Eric Kulz or Mike Horan, DWQ Raleigh Regional Office
Todd Tugwell USACOE-Raleigh Regulatory Field Office
File Copy
Central Files
Todd Preuninger, Soil and Environmental Consultants, 11010 Raven Ridge Road, Raleigh, NC 27614
Filename: 041111 Brightleaf (Durham) On Hold 3