20061617 Ver 1_Emails_20070827

impacts amounts
Subject: impacts amounts
From: "Todd Preuninger" <[e-mail]>
Date: Mon, 27 Aug 2007 10:09:34 -0400
To: <[e-mail]>
Please note that some of the impact totals and locations have changed since the initial application due
to engineering constrains and access requirements mandated by the Town of Wendell for safety
issues. The revised impacts are included on the impact tables for your review. The proposed impacts
for the interchange are: 1.2 acres of wetland impact, 1,2921inear feet of perennial stream, 3.42 acres of
riparian buffer impacts and 0.2 acres of mechanized clearing within wetlands for construction access.
The proposed permanent impacts for the subdivision are: 2.04 acres of wetland impact, 1,643 linear
feet of perennial channel impact, and 4.16 acres of riparian buffer impact. The utility line impacts are
as follows: 2.39 acres of wetland impact, 625 linear feet of stream impact, and 1.57 acres of riparian
buffer impact.
1) Please submit your mitigation plan.
The applicant proposes a combination of preservation and payment to the NC-EEP to satisfy
mitigation requirements. We have been working with Mr. Monte Matthews to flesh out the details
and determine the mitigation ratios. In the meantime, EEP has agreed to accept payment for the
impacts at a ratio of 2: 1. A copy of their acceptance letter is included with the attachments.
Additionally, we have received confirmation from the NC-DOT that they are willing to transfer the
mitigation credits for the impacts associated with the interchange.
Mitigation Requirements:
With the exception of Site 4 on the interchange, all of the proposed stream impacts are to
perennial channels. Buffer mitigation will be required for impacts at the following locations: Site
2, Site 3, Site 4, R2, R4, R6, R8; R11, and S2 (zone 1 only). DOT has agreed to transfer 1.09 acres
of wetland mitigation, 24, 757 SF of Zl mitigation, and 22, 928 SF of Z2mitigation. Please note the
SF of the buffer mitigation reported here is the actual impact amount, not the mitigation credit.
The actual mitigation transferred includes the multiplier of 3 and 1.5 for Zones 1 and 2,
respectively (see attached letter from DOT).
After subtracting the mitigation provided by DOT, Mercury Development will be required to
provide the following mitigation:
2, 354 linear feet of perennial stream
2.15 acres of wetland
Zone 1: 119, 267 (Impact amount) and Zone 2: 64, 496 SF (impact amount)
~25~ ~- /~~~5,~
2 ? 5 l ~ '~ ~
l ~ ~
1 of 2 9/18/2007 8:40 AM

impacts amounts
TOGO PREUNINGER
WITHERS ~ RAVENEL
tst.MacKenaa Orive nary, Nurth Caro{ina z7~is
tel: yig.gb~.3zyo : fax: 9t9.535.454>
direct: gig.l}8.o}a7
v~~~waw.e~~ithersra~enet.tam
2 of 2 9/18/2007 8:40 AM

impacts amounts

Subject: impacts amounts
From: "Todd Preuninger" <[e-mail]>
Date: Mon, 27 Aug 2007 10:09:34 -0400
To: <[e-mail]> -
/,
a
-U'~-
~, ~~
~~S
Please note that some of the impact totals and locations have changed since the initial application due
to engineering constrains and access requirements mandated by the Town of Wendell for safety
issues. The revised impacts are included on the impact tables for your review. The proposed impacts
for the interchange are: 1.2 acres of wetland impact, 1,2921inear feet of perennial stream, 3.42 acres of
riparian buffer impacts and 0.2 acres of mechanized clearing within wetlands for construction access.
The proposed permanent impacts for the subdivision are: 2.04 acres of wetland impact, 1,643 linear
feet of perennial channel impact, and 4.16 acres of riparian buffer impact. The utility line impacts are
as follows: 2.39 acres of wetland impact, 625 linear feet of stream impact, and 1.57 acres of riparian
buffer impact.
1) Please submit your mitigation plan.
The applicant proposes a combination of preservation and payment to the NC-EEP to satisfy
mitigation requirements. We have been working with Mr. Monte Matthews to flesh out the details
and determine the mitigation ratios. In the meantime, EEP has agreed to accept payment for the
impacts at a ratio of 2: 1. A copy of their acceptance letter is included with the attachments.
Additionally, we have received confirmation from the NC-DOT that they are willing to transfer the
mitigation credits for the impacts associated with the interchange.
Mitigation Requirements:
With the exception of Site 4 on the interchange, all of the proposed stream impacts are to
perennial channels. Buffer mitigation will be required for impacts at the following locations: Site
2, Site 3, Site 4, R2, R4, R6, R8, R11, and S2 (zone 1 only). DOT has agreed to transfer 1.09 acres
of wetland mitigation, 24, 757 SF of ZI mitigation, and 22, 928 SF of Z2mitigation. Please note the
SF of the buffer mitigation reported here is the actual impact amount, not the mitigation credit.
The actual mitigation transferred includes the multiplier of 3 and 1.5 for Zones 1 and 2,
respectively (see attached letter from DOT).
After subtracting the mitigation provided by DOT, Mercury Development will be required to
provide the following mitigation:
2, 354 linear feet of perennial stream
2.1 S acres of wetland
Zone 1: 119, 267 (Impact amount) and Zone 2: 64, 496 SF (impact amount)
1 of 2 8/27/2007 10:28 AM

impacts amounts
TOL7D PREUNINGER
WITHERS ~ RAYENEL
tit AAatMCenan Orive i taryr, Nurth t:arolina tTStt
tel: 9ti}.4~9 334 'fax: ~t9 535.4545
direct: 4th ~3~ ~3'~7 ~
vnKw.~;+ither~rauenet.com
2 of 2 8/27/2007 10:28 AM

new maps
Subject: new maps
From: "Todd Preuninger" <[e-mail]>
Date: Tue, 25 Sep 2007 14:47:38 -0400
To: "Ian McMillan" <[e-mail]>
Ian,
Here are the final maps and impact totals.
The final tally for the peremianent impacts is: 0.16 acres of open water impacts to a pond, 2,354 linear
feet of perennial channel impact, 581 linear feet of intermittent channel impacts, 3.24 acres of wetland
impact, 0.2 acres of mechanized land clearing in a wetland (wetlands won't be filled, but will be disturbed
during construction and then allowed to re-vegetate), 4.95 acres of Zone 1 impacts for roads/greenways,
3 acres of zone 2 for roads/greenways.
Utility line installation will impact: 2.39 acres of wetlands, 625 linear feet of stream channels, 0.98 acres
of zone 1, and 0.59 acres for zone 2.
I need to check my buffer mitigation amounts, they are off by about 0.2 of an acre. Wetland and stream
amounts are correct. i'll fix the mitigation amounts and have them to you by 8 am tomorrow morning.
cheers,
todd
TC7(~D PREUNINGER
'WITWER~ ~'~ RAVENEL
ttt NlacKenan Drive iCary, North Carolina xy5rt
tel: lt~•469334c' , €ax: 9t~} 535 4545
direct: gt;.23$.0307
vs~~r.a~ith~: rsravertel.com
j,~ ~a~~
34 •'
29w~ 1
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NOTICE r7F CONfIDENTIr~LITY AN[J NOhJDlS•CI0SURE
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1 of 1 9/26/2007 9:08 AM

impacts amounts
Subject: impacts amounts
From: "Todd Preuninger" <[e-mail]>
Date: Mon, 27 Aug 2007 10:09:34 -0400
To: <[e-mail]>
Please note that some of the impact totals and locations have changed since the initial application due
to engineering constrains and access requirements mandated by the Town of Wendell for safety
issues. The revised impacts are included on the impact tables for your review. The proposed impacts
for the interchange are: 1.2 acres of wetland impact, 1,2921inear feet of perennial stream, 3.42 acres of
riparian buffer impacts and 0.2 acres of mechanized clearing within wetlands for construction access.
The proposed permanent impacts for the subdivision are: 2.04 acres of wetland impact, 1,643 linear
feet of perennial channel impact, and 4.16 acres of riparian buffer impact. The utility line impacts are
as follows: 2.39 acres of wetland impact, 625 linear feet of stream impact, and 1.57 acres of riparian
buffer impact.
1) Please submit your mitigation plan.
The applicant proposes a combination of preservation and payment to the NC-EEP to satisfy
mitigation requirements. We have been working with Mr. Monte Matthews to flesh out the details
and determine the mitigation ratios. In the meantime, EEP has agreed to accept payment for the
impacts at a ratio of 2: 1. A copy of their acceptance letter is included with the attachments.
Additionally, we have received confirmation from the NC-DOT that they are willing to transfer the
mitigation credits for the impacts associated with the interchange.
Mitigation Requirements:
With the exception of Site 4 on the interchange, all of the proposed stream impacts are to
perennial channels. Buffer mitigation will be required for impacts at the following locations: Site
2, Site 3, Site 4, R2, R4, R6, R8, R11, and S2 (zone 1 only). DOT has agreed to transfer 1.09 acres
of wetland mitigation, 24, 757 SF of Zl mitigation, and 22, 928 SF of Z2mitigation. Please note the
SF of the buffer mitigation reported here is the actual impact amount, not the mitigation credit.
The actual mitigation transferred includes the multiplier of 3 and 1.5 for Zones 1 and 2,
respectively (see attached letter from DOT).
After subtracting the mitigation provided by DOT, Mercury Development will be required to
provide the following mitigation:
2, 354 linear feet of perennial stream
2.15 acres of wetland
Zone 1: 119, 267 (Impact amount) and Zone 2: 64, 496 SF (impact amount)
l19~16~ n S < 3q~/757
,~-~3 i~
~4,
_~
1 of 2 9/26/2007 10:00 AM

impacts amounts
TODD PREUNINGER
WITHERS L RAYENEL
u~ MacKenan Grive i Cary, N~~rth t=arolina x7,it
tel: ytg.4~+9334~' rax: 9ig~535 454>
direcQ: gig.z38.o3n~,
v~,vn~.~ri th a rs ra ue ne t.~ a m
2 of 2 9/26/2007 10:00 AM

buffer impacts
Subject: buffer impacts
From: "Todd Preuninger" <[e-mail]>
Date: Mon, 24 Sep 2007 15:30:53 -0400
To: <[e-mail]>
Hey Ian,
I've attached the EEP letter and the breakdown for the buffer impacts is as follows:
the proposed interchange will impact: Zone 1:2.16 acres and Zone 2:1.26 acres
s/d will have: Zone 1:2.61 acres and Zone 2: 1.55 acres, for roads and greenway.
the utility lines will impact: 0.98 acres in Zone and 0.59 acres of zone 2.
let me know if you have any other questions.
thanks,
todd
TCt7t~ Pf2EUNIN6"aER
WITNERll6i ~" IZAV~WEL
tri MacbCenan Drive r Cary, North Carolina 27,rt
to}: yt~.gCig:;3yv r Fax: ~t9.~,35•k54~
direcfi 9ig.~;8.0307 ~
vr,^~ti w.~ th e rs ra ire ne t.cam
NOTICE Of CONE}DENTIAt ITY AN0 NONOISCteClSlfRE
Tkois clcelronie message, w~feh Includes any altathnr~nts and otiorrdrxuments reterre+a la herein, a:~nlains irrl~rrnation trorn Vr'ittrcrs ~
Rav+^ncl, Inc. that rna!rr he legally trrivilrgt:d and crmtldr_nlial The inhrrrnrrtiorr i^; irrtrnded Fier the use of the trdris•~ce(sl onfy It`y<w arc
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Content-Description: eepletter.pdf
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1 of 1 9/26/2007 9:45 AM

O~O~ W A T ~9pG
r
~ _ ~.. ~-. --I
O ~~ '~'
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
North Carolina Division of Water Quality
401 Water Quality Certification
Summary of Permitted Impacts and Mitigation Requirements
In accordance with 15A NCAC 2H.0500, to Mr. Greg Ferguson and Mercury Development, have permission to fill or
otherwise impact 5.83 acres of 404/wetland (3.24 acres permanent impact, 2.59 acres temporary impact), 2,979 linear feet
of perennial stream (2,354 linear feet permanent impacts and 625 linear feet temporary impacts), 581 linear feet of
intermittent stream, 0.16 acres of open water (pond), and 250,470 square feet Zone 1 of the Neuse River basin protected
riparian buffers and 148,104 square feet Zone 2 of the Neuse River basin protected riparian buffers, to construct the
proposed Wendell Falls mixed use development, Wendell Falls Parkway and US Highway 64/264 interchange, which is
located on the west side of Martin Pond Road (SR2503), 2,600 feet north of the intersection of Martin Pond Road and
Poole Road (SR1007), in the Town of Wendell, Wake County, North Carolina. All activities associated with these
authorized impacts must be conducted with the conditions listed in the attached Permit transmittal letter. THIS
CERTIFICATION IS NOT VALID WITHOUT THE ATTACHMENTS.
COMPENSATORY MITIGATION REQUIREMENTS, ECOSYSTEM ENHANCEMENT PROGRAM
DWQ PROJECT #: 20061617
LOCATION: Wendell
COUNTY Wake
BASIN/ SUB BASIN Neuse/03020201
As required by 15A NCAC 2H.0500, and the conditions of this Certification, you are required to compensate for the
above mitigable impacts through the restoration, creation, enhancement or preservation of wetlands, surface waters and
riparian buffers as outlined below prior to conducting any activities that impact or degrade the waters of the state.
Note: Acreage requirements proposed to be mitigated through the Ecosystem Enhancement Program must be rounded
to one-quarter acre increments and linear foot requirements must be rounded up to the nearest foot according to
15 2R.0503(b).
Im acts Miti ation
3.24 Acres of 404/Wetland 2.15 Acres of 404/Wetland (1.09 acres from previous
NCDOT Miti ation*
2,935 Linear Feet Of Perennial Stream 2,354 Linear Feet Of Perennial Stream (881 linear feet
from revious NCDOT Miti ation*
39,756 S uare Feet of Zone 1 Buffers 119,267 S ware Feet Of Zone 1 Buffers
42,997 S uare Feet of Zone 2 Buffers 64,496 S uare Feet Of Zone 2 Buffers
* Previous NCDOT Mitigation
One of the options you have available to satisfy the compensatory mitigation requirement is through the payment of a fee
to the Wetlands Restoration Fund per NCAC 2R.0503. If you choose this option, please sign this form and mail the form
along with a copy of your 401 Certification or Buffer Approval to the Ecosystem Enhancement Program at the address
below. An invoice for the appropriate amount of payment will be sent to you upon receipt of this form. PLEASE NOTE,
THE ABOVE IMPACTS ARE NOT AUTHORIZED UNTIL YOU RECEIVE NOTIFICATION THAT YOUR
PAYMENT HAS BEEN PROCESSED BY THE ECOSYTEM ENHANCMENT PROGRAM.
Signature
Date
ECOSYSTEM ENHANCEMENT PROGRAM
1652 Mail Service Center
RALEIGH, N.C. 27699-1652
[phone]
Filename: 061617WendellFalls(Wake)401_NBR_IC_EEP
NorthCarolina
401 Oversight/Express Review Permitting Uni[ ,NCTtIlCQlIl~
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
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/] 0% Post Consumer Paper

FW: impacts amounts
Subject: FW: impacts amounts
From: "Todd Preuninger" <[e-mail]>
Date: Thu, 27 Sep 2007 14:40:17 -0400
To: "Ian McMillan" <[e-mail]>
Revised Mitigation Numbers below - i just took the additional .18 acres of zone 1 impacts mulitplied it by
43,560, and took the 0.19 acres for zone 2 X 43,560 and added these that to the previous totals -does
that make sense?
1) Please submit your mitigation plan.
The applicant proposes a combination of preservation and payment to the NC-EEP to satisfy
mitigation requirements. We have been working with Mr. Monte Matthews to flesh out the details
and determine the mitigation ratios. In the meantime, EEP has agreed to accept payment for the
impacts at a ratio of 2: 1. A copy of their acceptance letter is included with the attachments.
Additionally, we have received confirmation from the NC-DOT that they are willing to transfer the
mitigation credits for the impacts associated with the interchange.
Mitigation Requirements:
With the exception of Site 4 on the interchange, all of the proposed stream impacts are to
perennial channels. Buffer mitigation will be required for impacts at the following locations: Site
2, Site 3, Site 4, R2, R4, R6, R8, R11, and S2 (zone 1 only). DOT has agreed to transfer 1.09 acres
of wetland mitigation, 24, 757 SF of ZI mitigation, and 22, 928 SF of Z2mitigation. Please note the
SF of the buffer mitigation reported here is the actual impact amount, not the mitigation credit.
The actual mitigation transferred includes the multiplier of 3 and 1.5 for Zones 1 and 2,
respectively (see attached letter from DOT).
After subtracting the mitigation provided by DOT, Mercury Development will be required to
provide the following mitigation:
2, 354 linear feet of perennial stream
2.15 acres of wetland
Zone 1: 127,108 (Impact amount) and Zone 2: 72,773 SF (impact amount)
TODD PREUNINGER
WITHERS ~ RAVENEL
tii MaclCenan ETrive ~ Cary, North Carolina x~,rs
tei: 9~9~4~9~334~ ~ fa:c.9~t9835~4,~r
di;re~t: g~~.x;8.~3u7 ~
1 of 2 9/27/2007 2:57 PM

FW: impacts amounts
v~~;~r~ar.w~ither: ravene~.corn
2 of 2 9/27/2007 2:57 PM

buffer impacts
Subject: buffer impacts
From: "Todd Preuninger" <[e-mail]>
Date: Mon, 24 Sep 2007 15:30:53 -0400
To: <[e-mail]>
Hey Ian,
I've attached the EEP letter and the breakdown for the buffer impacts is as follows:
the proposed interchange will impact: Zone 1:2.16 acres and Zone 2: 1.26 acres
s/d will have: Zone 1:2.61 acres and Zone 2: 1.55 acres, for roads and greenway.
the utility lines will impact: 0.98 acres in Zone and 0.59 acres of zone 2.
let me know if you have any other questions.
thanks,
todd
TC7 D IJ i~ t~ tW u N 11v G r~ l~
VYITIHERB ~~5 RAVENEL
s:t Mar.Kenan Oriwe ~C3ry, North Lamiina i/wtt
usl, S'+=9 w~i 134^`; ,tax: tl `,?:, p54i
diren:~tg.al8.c;,;rr7 ~
VJG"i k"d .V" ! t ~1 E' f;k fd ~G i1!L' 1. G t? t"1't
Nt>TIt.E t)F`+_l~3Nf1gENTIACITYANO NOMf715.l:lOSl}kf
This cieclr;}rric rt•+rasa~e, which inc9udes any allactttnints artd rf~htr dacurnenls rcfcrrcd la ttcreln, c~rnlains itthannaiion front Vi'ii~ttcr ~
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1 of 1 9/24/2007 3:52 PM

FW: mitigation
Subject: FW: mitigation
From: "Todd Preuninger" <[e-mail]>
Date: Mon, 24 Sep 2007 15:37:58 -0400
To: <[e-mail]>
Hey ian,
i left you a message but here's a follow up. Greg wondered if you would be willing to call debbie with
Wake County Environmental Services and let her know that DWQ is going to issue a permit for the
Wendell Project within the next two weeks. She will not even schedule apre-application meeting until
we provide her with the DWQ permit. They thought that maybe if you were willing to call her, she might
be willing to put them on the schedule, prior to actually receiving a hard copy of the permit. I've
attached Debbie's contact info.
thanks in advance,
todd
Subject: Greene Debbie
From: "Mike Jones" <[e-mail]>
Date: Fri, 4 May 2007 09:33:50 -0400
Content-Type: message/rfc822
Greene Debbie.eml
Content-Encoding: 7bit
1 of 1 9/24/2007 3:46 PM

temporary impacts
Subject: temporary impacts
From: "Todd Preuninger" <[e-mail]>
Date: Mon, 1 Oct 2007 12:15:42 -0400
To: "Ian McMillan" <[e-mail]>
CC: "Amy Chapman" <[e-mail]>
Ian,
got your voice mail -the utility line impacts are considered temporary in the wetlands and streams - as
long as the areas are returned to pre-construction contours.
guess we are not considering them temporary in the buffers. If you want to break them out from the raod
impacts, you can label them as utility line impacts (that's what i did on the impact tables) or you can
lump them all together.
i'll call you later to discuss my other comments.
cheers,
todd
TODD PREtININGEFt
VIVITHER~ ~ RA-VENEL
isi lAacKenan Ori+r~e i Cary, North Carolina t7~ri
tei: r3s9~4'~~334v' fix: 9i9835~45~5:
direct: gi~.~38.o3uy~
v~r~~w,~~~ I ih e rs rive i~c 1, tram
NCITIC"E of CCINFlDENTI~,IITY AND NCYNr}lSCt,€1SU'R E
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thiseleetrr~nic raro~,5age, all attaehrninls Ihcrelo, anrJ all docurncrrls re•ferrra:} Co Lhrre•in shin <rlc~Urxnir. ma~stia~r, any atiachmr.~nts
LhNrets~ and all eiocurrrents rr~fcrred io thc~rctn arc the pnaprirty of Mlilht~rs 8 R;xarr~cl, Inc:. Tlrir; clcr_tronic rncc avc, arty aU.aihrnenls
thereto and ail documents reiernd to therein are provided I'or the recdpic~n-t's irifr~rmati~arr unit', <rrrd n:> rgFrls art tr<rns(~rr<d lay tFrc
transrnis;ion cif this ehctrcsrric message Gy Withers 8 R.aven~t, Inc. or rcce ip{ f~f this mi s .wuytr t:~r thr recipient ar my oi'hcr party.
1 of 1 10/1/2007 12:22 PM

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Mr. Greg Ferguson and Mercury Development
Paee 2 of 8
Octobe~3, ?007
NORTH CAROLINA 40I WA'TI;I2 QUALITY CrRTIFICATION
TIIIS C)CRTIFICATION is issued in conformity with the requireurents of Section 401 Public Laws 92-
500 and 95-217 of the United States and subject to the North Carolina Division of Water Quality (DWQ)
Regulations in 15 NCAC 2H, Section .0500 to Mr. Greg Ferguson and Mercury Development, to fill or
otherwise impact 5.83 acres of 404hvciland (3.24 acres pern~anent impact, 2.59 acres temporary impact),
2,979 linear feel of perennial stream (2,354 linear feet perrnancnt impacts and 625 linear feet tetnpot•aty
impacts}, 581 linear feet of intermittent stream, 0.16 acres of open water ~~ond), and 215,622 square feet
7,one 1 of the Neuse River basin protected riparian buffers (permanent impacts), 42,689 square feet "Lone 1
of t.hc Neuse River basin protected riparian buffers (temporary impacts) and 130,680 square feet lone 2 of
the Neuse River basin protected riparian buffers (pernianent impacts), 25,700 square feet Zone 2 of the
Neuse River basin protected riparian buffers (temporary impacts), to construct the proposed Wendell Fa11s
mixed use development, Wendell Falls Parkway and U.S. 64/264 interchange, which is located on the west
side of Martin Pond Road (SR2503), 2,600 feet north of the intersection of Martin Pond Road and Poole
Road (SR1007), in the Town of Wendell, Wake County, North Carolina, pursuant to an application dated
September 26, 2006 and received by the DWQ on October 13, 2006, by Public Notices issued by the U.S.
Army Corps of Engineers on the 13°i day of October of 2006 (reeeiwed by DWQ on October 13, 2006) and
on the 2"~ day of May of 2007 (received by the DWQ on May 3, 2007), and all additional information
received by the DWQ on October 18, 2006, January 25, 2007, February 9, 2007, June 13, 2007,
August 16, 2007, September 5, 2007, and September 12, 2007. This Certification shall also act as
your approved No Practical Alternatives deternination for impacts to the Neuse River basin protected
riparian buffers per 15A NCAC 2B .0233(2).
The application and supporting docutnentation provides adequate assurance that the proposed work will
not result in a violation of applicable Water Quality Standards and discharge guidelines. Therefore, the
State of North Carolina certifies that this activity will not violate the applicable portions of Sections 301,
302, 303, 306, 307 of PL 92-500 and PL 95-217 if conducted in accordance with the application, the
suppot~ing docutnentation, and conditions hereinafter set forth.
Tlus approval is only valid for the purpose and design submitted in the application materials and as
described in the Public Notice. If the project zs changed, prior to notification a new application for a new
Certification is required. If the property is sold, the new owner must be given a copy of the Certification
and approval letter and is thereby responsible for complying with all conditions of this Certification. Any
new owner must notify the Division and request the Certification be issued in their name. Should wetland
or stream fill be requested in the future, additional compensatory mitigation maybe required as described
in 15A NCAC 2Ii .0506 (h) (6) and (7). If any plan revisions from the approved site plan result in a
change in stream or wetland impact or an increase in impervious surfaces, the DWQ shall be notified in
writing and a new application for 401 Certification may be required. For this approval to be valid,
compliance with the conditions listed below is required.
Conditions of Certification:
1. Impacts Approved
The following impacts are hereby approved as long as a[I of the other specific and general
conditions of this Certification (or Isolated Wetland Pcrn~it} are met. No other impacts are
approved including incidental impacts:
T e of Im act Amount A roved Units Plan Location or Reference
404/Wetland 3.24 (acres - ermanent im act A lication and Public Notice
404/Wetland 2.59 acres - tem or itn act A ]ication and Public Notice

Mr. Greg Ferguson and Mercury Devciopmeut A
Page 3 of 8
bctober, 2007
Stream - erennial 2,354 (linear feet - ennanent A lication and Public Notice
Stream - erennial 625 linear feet - tem ora A lication and Public Notice
Stream -intermittent SS 1 (linear feet - ennanent A lication and Public Notice
O en Water - and 0.16 {acres A lication and Public Notice
Zone 1 Buffers 2I S,G22 (s uare feet) - ennanent A lication and Public Notice
Zone 2 Buffers 130,GS0 s uare feet) - ermanent A [ication and Public Notice
Zone I Buffers 42,GS9 (s uare feet) - tem ora A lication and Public Notice
Zone 2 Buffers 25,700 (sc uare feet) - tem ora A lication and Public Notice
Sediment and F.roS1011 Control:
2. Brosion and sediment control practices must be in full compliance with all specifications
govenuiag the proper design, installation and operation and maintenance of such Best
Management Practices in order to protect surface waters standards:
a. The erosion acid sediment control measures for the project must be designed, installed,
operated, and maintained in accordance with the most recent version of the North Caroli~ra
Sediment and Erosio-r Co~ttrvl PJa~aning a~~d Desig~t Ma~aunl.
b. The design, installation, operation, and maintenance of the sediment and erosion control
measures must be such that they equal, or exceed, the requirements specified in the most
recent version of the Na•N~ Cap olinu Sedimej~t and Erosial Cor2tro! Marural. The devices
shall be maintained on all construction sites, borrow sites, and waste pile (spoil} projects,
includi~ig contractor-owned or Ieased borrow pits associated with the project.
c. Sufficient materials required for stabilization and/or repair of erosion control measures and
stormwater routing and treatment shall be on site at all times.
3. No waste, spoil, solids, or fill of any kind steal l occur in wetlands, waters, or riparian areas beyond
the footprint of the impacts depicted in the 404/401Permit Application. All construction activities,
including the design, installation, operation, and maintenance of sediment and erosion control Best
Management Practices, shall be performed so that no violations of state water quality standards,
statutes, or rules occur;
4. Sediment and erosion control measures shall not be placed in wetlands or waters to the maximum
extent practicable. if placement of sediment and erosion control devices in wetlands and waters is
unavoidable, they sha[I be removed and the natural grade restored within six months of the date that
the Division of Land Resources has released the project;
5. Protective Fencing -The outside buffer, wetland or water boundary and along the construction
corridor within these boundaries approved under this authorization shall be clearly marked with
orange warning fencing (or similar high visibility material) for the areas that have been approved to
infringe within the buffer, wetland or water prior to any land disturbing activities;
6. Deed Notifications
Deed notifications or si.zmiiar mechanisms shall be placed on all retained jurisdictional
wetlands, waters and protective buffers in order to assure compliance for future wetland,
water and buffer impact. These mechansms shalt be put in place at the time of recording of
the property, or of individual lots, wliiel~ever is appropriate. A sample deed notification can
be downloaded from the 401/Wetlands Unit web site at l~ttp://h2o.enr.state.nc.us/ncwetlands.
The text of the sample deed notification may be modified as appropriate to suit to this project.

Mr. Greg Ferguson and Mercury Development
Page 4 of 8
Ociober-~, 2007
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7. Gonslntction Stonnwater 1'emiit NCGO10000
Upon the approval of an E3•osion and Sedimentation Control Plan issucd by the Division of
Land Resources (DLR) or a DLR delegated local erosion and sedimentation control program,
an NPDES General stormwaler permit (NCGO10000) administered by DWQ is automatically
issucd to the project. 'Phis General Permit allows stormwaler to be discharged during land
disturbing construction activities as stipulated by conditions in the permit. if your project is
covered by this pern~it [applicable to construction projects that disturb one (1) or more acres],
full compliance with pern~it conditions including the sedimentation control plan, self-
monitoriu~, record keeping and reporting requirements. arc required. /\ copy of this permit
and monitoring report forms may be found at
hrrn•//h2y.en,•.slate.nc.trs/su/Fot•ttrs Dvrtrttienls.hlt~~.
8. Culvert Installation
~~,.`y l111 work in or adjacent to stream waters shall be conducted in a dry work area. Approved IIMP
measures from the most current version of NCDOT Construction and Maintenance /\ctivilics
manual (ht~•//www ncdot orJdoh/opcratioiis/BMP manual/dotvnload/BMP Manual.pdf)
such as sandbags, rock beans, cofferdams and other diversion slructu~•es shall be used to prevent
excavation in flowing water.
1
Culverts required for this project shall be installed in such a manner that the original stream
profiles are not altered. Existing stream dimensions (including the cross section dimensions,
pattern, and longitudinal profile) must be maintained above and below locations of each
culvert. Culverts shall be designed and installed to allow for aquatic life movement as well as
to prevent head cutting of the streams. If any of the existing es are or become perched, the
appropriate stream grade shall be re-established or, if the p• es in ailed in a perched manner,
the pipes shall be removed and rc-installed correctly.
~~~
µa,,,t,~' lvert(s) shall not be installed in such a manner that will cause aggradation or erosion of the
s st m up or down stream of the culvert(s). Existing stream dimensions (including the cross
~~ ~ s n dimensions, pattern and longitudinal profile) shall be maintained above and below
S {~ ~ loci ions of each culvert. Therefore, you must provide plans ~vitl~ adequate derails that indicate
r~
~~'+[°1a,~S that the current stability of the stream will be maintained or enhanced. You must receive written
~---- "° approval from this Office for the above plans before the culvert{s) is installed. Culvert(s) must '
"'~~~`, 1,r e,~-~''~ be installed according to apgroved,~lans.` ~ ~ ~~ a„~,,,,~.t~_a,,,~~„~•s~~o•.~ ~•~°" ~"^'0~~
W , J~ o' ~~ pC- C,o.,~. ~`'~e ~+ •(u~G~~~~~`^'°'\J ~QL ~{1;~; ~fi•J,
~,.1 Fi '~ ? l Placement of culve~i5 anud other structures in waters, streams, and wetlands must be placed ~-
,~b "r ~,<t ' below the elevation of the streambed by one toot for all culverts with a diameter greater than 4$ t.
~ !, v~ • inches, and 20 percent of the culvert diameter for culverts having a diameter less than 48 O1Ir ~ '
~,, ~ t '~ ~
inches, to allow low flow passage of water and aquatic life. Design and placement of culverts r 4tiP°""~-
and other structures including temporary erosion control measures shall not be conducted in a
manner that may result in dis-equilibrium of wetlands or streambeds or banks, adjacent to or 'f
upstream and down stream of the above structures. The applicant is required to provide r ~~a~;mt?''
evidence that the equilibrium shall be maintained if requested in writing by DWQ. v
Tl1e establishment of native, woody vegetation and other soft stream bank stabilization
techniques must be used where practicable instead of rip rap or other bank hardening methods.

Mr. Greg Ferguson and Mercury Dcwclopment
Page 5 of 8
flctoher 3;, 2007
If rip-rap is necessary, it shall not be placed in the stream bed, unless specifically approved by
the Division of Water Quality.
Installation of culverts in wetlands must ensure continuity of water movement and be designed
to adequately accommodate high water or flood conditions.
Upon completion of the project, the Applicant shall complete and return the enclosed
"Certif cite of Completion" form to notify NCDWQ when all work included in the §401
Certification has been completed. The responsible party shall complete the attached form and
return it to the 40l/Wetlands Unit of the NC Division of Water Quality upon completion of the
project. Please send plrologrcrplrs upstream and do-wnsh•emrr of each Culver! slle to rlociu»errl,
correct installation along wi11r lire Cerlif cafe ojConrpletion form.
9. During the construction of the project, no staging of equipment of any kind is permitted in waters
of the U.S., or protected riparian buffers.
0. The dimension, pattcm and profile of the stream above and below the crossing shall not be
modified. Distw•bect floodplains and streams shall be restored to natural geomorphic conditions.
11. The use ofrip-rap above the Normal High Water Mark shall be minimized. Any rip-rap placed
for stream stabilization shall be placed in stream channels in such a manner that it does not
impede aquatic life passage.
12. The Pcnxtittee shall ensure that the final design drawings adhere to the permit and to the permit
drawings subrnittec[ for approval.
13. All mechanized equipment operated near surface waters must be regularly inspected and
maintained to prevent contamination of stream waters from fuels, lubricants, hydraulic fluids, or
other toxic materials.
14. No rock, sand or other materials shall be dredged from the stream channel except where
authorized by this certification.
15. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or
adjacent to surface waters is prohibited.
16. The pennittee and its authorized agents shall conduct its activities in a manner consistent with
State water quality standards {including any requirements resulting from compliance with
§303(d) of the Clean Water Act) and any other appropriate requirements of State and Federal
law. If DWQ cietcrmines that such standards or laws arc not being ntet (including the failure to
sustain a designated or achieved use) or that State or federal Iaw is being violated, or that further
conditions are necessary to assure compliance, DWQ may reevaluate and modify this
certification.
17. AlI fill slopes located in jurisdictional wetlands shall be placed at slopes no flatter than 3:1, unless
otherwise authorized by this certification.
18. A copy of tI~is Water Quality Certification shall be maintained on site at the construction site at
all times. In addition, the Water Quality Certification and all subsequent modifications, if any,
shall be maintained with the Division Engineer and the on-site project manager.

Mr. Greg Ferguson and Mercury Devclopmcnt
Page 6 of'8
October 3,, 2007
19. The issuance of this certification does not exempt the Pertnittee li-otn complying with any and all
statutes, rules, regulations, or ordinances that may be imposed by other government agencies (i.e.
local, state, and federal) having jurisdiction, including but not limited to applicable bul~'er rules,
stornnvater management Hiles, soil erosion and sedimentation control requirements, etc.
20. 1'he Pernittee shall report any violations of this cec•tification to the Division of Water Quality
within 24 hours of discovery.
21. There shall be no excavation from, or waste disposal into, jw•isdictional wetlands or wafers
associated with this permit without appropriate modification. Should waste or borrow sites, or
access roads. to waste or borrow sites, be located in wetlands or streams, compensatory mitigation
will be required since that is a direct impact from road construction activities.
22. "temporary W etland Impacts
Due to the possibility that compaction and/or other site alterations might prevent the temporary
wetland impact area fratn re-attaining jurisdictional wetland status, the permittee shall provide
^ ,~~ an annual update on the temporarily impacted wetland areas within the project area. This
r aimual update will consist of photographs and a brief report on the progress of these
~ ~ ~ ~ temporarily impacted areas in re-attaining wetland jurisdictional status. 'Three years after
y~`r~ project completion, the penmittee shall schedule an agency field meeting with the NC Division
~t¢ of Water Quality to detenmine if the wetland areas temporarily impacted by this project have re-
~r l attained jurisdictional wetland status. if at the end of three years the wetland areas temporarily
a ~ impacted by this project have not re-attained jurisdictional wetland status, NC DWQ shall
~~ ~ determine if compensatory wetland mitigation will be required.
~~
~/ Continuing Compliance:
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(d,~ 23. Mr. Greg Ferguson and Mercury Development shall conduct eot~stiuction activities in a
~ 1
~ r s ~ manner consistent with State water quality standards (including any requirements resulting
liance with section 303(d) of the Clean Water Act) and any other appropriate
from com
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requirements of State law and federal law. if the Division determines that such standards or
laws are not being met (including the failure to sustain a designated or achieved use) or that
State or federal la~v is being violated, or that further conditions are necessary to assure
compliance, the Division may reevaluate and modify this Certification to include conditions
appropriate to assure compliance with such standards and requirements iii accordance with
15A NCAC 2H.0507(d). Before modifying the Certification, the Division shall notify Mr.
Greg Ferguson and Mercury Development, and the US Arnry Corps of Engineers, provide
public notice in accordance with 15A NCAC 2H.0503 and provide opportunity for public
hearing in accordance with 15A NCAC 2H.0504. Any new or revised conditions shall be
provided to Mr. Greg Ferguson and Mercury Devclopmcnt in writing, shall be provided to the
United States Anny Corps of Engineers for reference in any Permit issued pursuant to
Section 404 of the Clean Water Act, and shall also become conditions of the 404 Permit for
the project;

Mr. Greg Ferguson and Mercury Development
Page 7 of 8
October ~, 2007
Milit~ation:
24. Compensatory Mitigation Using existing NCDOT Mitigation and the Ecosystem Enhancement
Program {EEP}
Mitigation must be provided for the proposed impacts as specif ed in the table below. We
understand that you wish to make payment to the Wetlands Restoration Pund administered by
the NC Ecosystem Enhancement Program (EEP) to meet this mitigation requirement. 'I'bis
has been determined by the DWQ to be a suitable method to meet the mitigation requirement.
Until the EEP receives and clears your check (made payable to: DENR -Ecosystem
Enhancement Program Office), no impacts specified in this Authorization Certificate shall
occur. The EEP should be contacted at {919) 733-5205 if you have any questions concenung
payment into a restoration fund. You have 60 calendar days from the date of this approval to
make this payment. For accounting purposes, this Authorization Certificate authorizes
payment into the Wetlands Restoration Fund to meet the following compettsatot•y
mitigation requirement:
T e of Im act Com ensator Miti ation Re uired River and Sub-basin Number
404/Wetland 2.15 (acres Neuse/03020201
Stream - erennial 2,354 (linear feet Neuse/03020201
Buffers -'Lone I 381,324 (s uare feet Neuse/03020201
Buffer -Zone 2 109,159 (s uare feet NeuseJ03020201
25. Written Stormwater Management Plan (SMP): Final Approval and Final flans Needed For Each
Future Phase
For Phases SF-1, SF-2 and SF-3: the Division of Water Quality has approved the SMP
submitted as a part of the application package. The approved SMP must be constructed and
operational before any permanent building or other structure is occupied at the site. The
approved SMP as well as drainage patterns must be maintained in perpetuity. If the SMP is
modified in the future, then the modified SMP must be approved by the 401 OversighU
Express Unit prior to the conunencement of the modifications.
For all future Phases: "The final, written stormwater management plan approval on letterhead
from Wake County and one copy of the approved SMP, including plan details, calculations
and other supporting information, must be received by this Office before any impacts
associated with that phase may occur. Also, before any permanent building is occupied at the
subject site, the SMP (as approved by Wake County) shall be constructed and operational.
The approved structural stonnwater practices as well as drainage patterns must be maintained
in perpetuity. Tile SMP may not be modified without prior written authorization frotn Wake
County. If the SMP is modified in the future, then a copy of the approval letter from Wake
County and the modified SMP must be submitted to the 401 OversighUExpress Uriit prior to
the commencement of the modifications.
26. Diffuse Flow (DWQ Reviewed Plans)
All storrrwater shall be directed as diffuse flow at noel-erosive velocities through the
protected stream buffers and will not re-concentrate before discharging into tl~e stream as
identified wit[un 15A NCAG 2B .0233(5)
)n an effort to comply with the diffuse flow provision of the Buffer Rule (1 SA NCAC 02B
.0233(5)), you have provided the DWQ with level spreader designs in your application dated

Mr. Greg Ferguson Ind Mercury Development
Page S of S
October a, 2007
dated September 26, 2006. The DWQ believes that if inlplementcd, as per these plans,
diffuse flow will be achieved. I-Iowevcr, if diffuse slow as per 15A NCAC 02B .0233(5) has
Ilot L1eeI1 aC11ICVCC~, then the DWQ shd11 be Ilotlfled aIld COITCCt1Ve aCtlOI1S t0 rCSIOIe d1frUSC
flow shall be; taken if necessary to impede the formation of erosion gullies. At no tinge shall
stornlwater ti-om tltc proposed development be piped directly tluough the buffer without prior
written authorization by DWQ.
The structural stornlwater practices as approved by this Office, as well as drainage paUerns,
must be maintained in perpetuity. No changes to the stluctural stonnwater practices shall be
made without written aulhol•ization fiom the Division of Water Quality. Stormwatcr
cascnlcnts shall be recorded for a distance of at least 10 feet on cacti side of all stonnwater
conveyances, and on all lots containing these stlvctures including future access for
maintenance. 1'he stonnwater casements shall allow for the ability to maintain the stnlctures, ~,.~~
perfornl corrective actions as described above and shall provide protection of the sU~lctures ,,~ f
~ from potential alternations by future property owners.
t~~
~o~ i1n Operation & Maintenance (O&M) agreement sib led by the cun-ent lando« ler must be a~ ~ ~,, s
~u ~~f approved by the DWQ. This OBiM agreement must transfer with the sale of th an y ~`
~~v ~` '~ ~~~ ~~r transfer of responsibility for the stonnwater facilities and the DWQ must be notified of every ~ ~,,,,,
0
~~ ,~~ transfer. aw&
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27. ertificatc of Completion ~~~,,..~~~'
Upon completion of all work approved within the 401 Water Quality Certification or a~P''~`~
applicable Buffer Rules, and any subsequent modifications, the applicant is required to retunl ~ ~°~
the attached certificate of completion to the 401 OversightlExpress Review Permitting Unit, ~ ~~,,,
North Carolina Division of Water Quality, 1650 Mail Service Center, Winston-Salem, NC, a~
27699-I650, rcv;° v
Also, this approval to proceed with your proposed impacts o~• to conduct impacts to waters as
depicted in your application shall expire upon expiration of the 904 or CAMA Permit.
If this Certification is unacceptable to you, you have the right to an adjudicatory hearing upon written
request within sixty (60) days following receipt of this Certification. This request must be iIl the form of a
written petition confonllillg to Chapter I SOB of the Nortll Carolina General Statutes and filed with the
Office of Adrministrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. If
modifications are rllade to an original Certification, you have the right to an adjudicatory llearirlg on the
modifications upon written request within sixty (60) days following receipt of the Certification. Unless
such demands are made, this Certification shall be final and binding.
This the 3rd ~ia~,oiOctobet 2007
DIVISION OF WATER QUALITY
Coleen H. Sullins, Director
Division of Water Quality
3„1x8
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