20061416 Ver 1_More Info Letter_20071113

Westfall Letter Chatham county
is required so why say that? It would have been better to state exactly what the director stated and be done with it, accurate,
short, simple and easily understood.
Hopefully my client will not need this matter addressed further but if so I wanted to remind you of the position I have stated
for months now. In my mind, resolution of this further should not require an appeal by my client based on the facts above
but we reserve the right to do so if necessary. I understand the concerns DWQ have had over the potential loss of waters
that were once considered jurisdictional by the Corps pre Rapanos. However this project's jurisdictional determinations
were in no way based on the out come of that case or resultant guidance and therefore if the state were to insist that these
were waters of the state they intend to regulate, it would be precedent setting, inconsistent with the directors guidance and
there would be no rules in place for the state to utilize in permitting these areas, Thanks Kevin Martin
2 of 2 9/12/2007 3:42 PM

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Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Coleen H. Sullins, Director
Division of Water Quality
November 13, 2007
Mr. Jerry Radman
201 Shannon Oaks Circle
Suite 201
Cary, NC 27511
Subject Property: Clarification of August 31, 2007 letter concerning Booth Mountain (Westfall)
development, "Village" portion off of Jack Bennett Road
DWQ # 2006-1416
Chatham County
Dear Mr. Radman;
As requested by your consultant (Mr. Kevin Martin) via email dated October 9, 2007, the
Division of Water Quality (DWQ) would like to clarify a statement in our letter sent to you on August 31,
2007 concerning the subject project. In the August 31 letter in paragraph three, DWQ stated that "This
stream should be identified on any future plans for this property." The Division of Water Quality would
like to clarify that there is no regulatory requirement that the stream that is the subject of the August 31
letter be shown on any development plan or site plan.
If you have any questions, please contact me at 919-733-5083, extension 528.
Si
Tom
Cc: John Dorney, DWQ
Kevin Martin, Soil and Environmental Consultants
File copy
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North Carolina Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 Phone [phone] Customer Service
Internet: www.ncwaterqualitv.org Location: 512 N. Salisbury St. Raleigh, NC 27604 Fax [phone]
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