20041111 Ver 1_More Info Letter_20041018

e~~
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Michael F. Easley, Governor
October 18, 2004
CERTIFIED MAIL: RETURN RECEIPT REQUESTED
Rhein Brightleaf, LLC
Attn: Mr. Richard Westmoreland
4000 Westchase Blvd., Suite 310
Raleigh, NC 27607
Subject Property: Brightleaf at the Park
Lick Creek [03-04-01, 27-11-(0.5), WS-1V \NSW]
,.
REQUEST FOR MORE INFORMATION
Dear 1VIr. Westmoreland:
William G. Ross, Jr., Secretary
Alan W. Klimek, P.E., Director
DWQ Project # 04-1111
Durham County
Page 1 of 2
On September 13, 2004 and October 15, 2004, the Division of Water Quality (DWQ) received your revised
applications dated September 10, 2004 and October 15, 2004 respectively to impact 0.429 acres of wetlands, 0.045
acres of isolated wetlands, 1,4371inear feet of streams, 382 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. USAGE 404 Permit -The DWQ has been notified by the U.S. Army Corps of Engineers (USAGE) that the
road proposed within the location of the Northern Durham Parkway will need to be permitted along with
the rest of the Brightleaf at the Park subdivision. The DWQ understands that this will either require you to
resubmit for an Individual Permit from the USAGE and an Individual Certification from the DWQ or
modify your site plan to reduce impacts such that an Individual Permit will not be required. As such, the
DWQ is hereby returning your application packages and considers your applications as withdrawn.
2. 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
)1 Wetlands Certification Unit
350 Mail Service Center, Raleigh, North Carolina 27699-1650 Qne
321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604 NOI'~~1CaI'O1111a
lone: 919-733-17861 FAX [phone] /Internet: httg://h2o.enr.state.nc.us/ncwetlands ~~~~~~ //~
i Equal Opportunity/Affirmative Action Employer-50% Recycled/10% Post Consumer Paper s/~s/

Rhein Brighleaf, LLC
Page 2 of 2
October 18, 2004
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 USAGE to discuss this very complex issue.
3. Additional Comments to address in future applications regarding your proposed site plan include;
a. Diffuse Flow -You must provide diffuse flow of all stormwater for parcels with equal to or less
than 30% impervious coverage as per 15A NCAC 02B .0233(5).
b. Stormwater Management -You must provide stormwater treatment for all parcels greater than 30%
impervious coverage or in drainages where diffuse flow cannot be achieved.
c. EEP Acceptance -You must provide a letter from the Ecosystem Enhancement Program verifying
their acceptance of any proposed payments into the Wetlands Restoration Fund.
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
existing 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 USAGE) at any time.
This letter only addresses the application review and does not authot~ze any impacts to wetlands, waters or protected
buffers. Please be aware that any impacts requested within your apple ation are not authorized (at this time) by the
DWQ. Please call Ms. Deborah Edwards or Mr. John Dorney at 919-~3-1786 if you have any questions regarding or
would like to set up a meeting to discuss this matter.
Sincerely,
~ John Dorney,
DWQ, Wetlands / 401 Unit
JRDldae
cc: Mike Horan, DWQ Raleigh Regional Office
Todd Tugwell USACOE-Raleigh Regulatory Field Office
File Copy
Central Files
Filename: 041111Brightleaf(Durham)HOLD2