20061617 Ver 1_Emails_20070702

project description
Subject: project description
From: "Todd Preuninger" <[e-mail]>
Date: Mon, 2 Jul 2007 15:02:20 -0400
To: "Ian McMillan" <[e-mail]>
Wendell Falls Planned Unit Development proposes a variety of land uses including residential,
commercial, office, institutional and a county park. The assemblage of land involved in this project
will ultimately be annexed into the Town of Wendell. The North Carolina Department of
Transportation has proposed an interchange with U.S. 64/264 bypass to serve this area of Wake
County and ultimately Wendell Falls as proposed. NCDOT has no immediate plans to construct this
interchange therefore Wendell Falls Development has taken the initiative to work with DOT to
construct this interchange in order to better serve the access to this development.
Upon completion, Wendell Falls will locate 4,000 residential dwelling units and approximately 450,
000 square feet of retail and office space. 160 acres of land along the Marks Creek corridor and Lake
Myra will also be dedicated to Wake County for the creation of a park. The mix of land uses in
Wendell Falls represents an attempt to achieve a balance of community goals and market dynamics for
the growing Wendell area as well as Eastern Wake County. Wendell Falls will strive to minimize
stream impacts while also providing proper circulation ultimately preferred by planning officials from
the Town of Wendell. Awell-designed circulation plan for a site of this size is a main factor in
justifying impacts to any waters of the U.S. These impacts will be presented in more detail throughout
the remainder of this document.
This project is privately funded by the development company and its investors and while benefiting
these private groups, will also benefit the Town of Wendell and Eastern Wake County by providing
new opportunities for residential and commercial uses. Construction of the proposed interchange with
U.S. 64/264 bypass creates a major thoroughfare that will pass through Wendell Falls to points east of
the site. With a project of this size, vehicular circulation is crucial in providing a hierarchy of routes
between all site uses. With the proposal of other vehicular routes (other than the thoroughfare),
impacts must be addressed to provide the proper circulation throughout the development.
The intersection and bridge project consists of agrade-separated interchange with SR-2501/2502,
(Knightdale Eagle Rock Road) and US 64/264. The ramps, loops and Y-line for the proposed
interchange will be confined by the existing right-of--way that was previously acquired by the state of
North Carolina. The typical section for the deceleration ramp of the proposed intersection leading from
US 64/264 is a 4-foot paved shoulder section with a 16-ft wide lane. The acceleration ramp leading
from SR 2501/SR 2502 has acurb-and-gutter typical section with a 20-foot lane and 4-foot paved
shoulders. The urban arterial leading from the US 64/264 intersection to the intersection of Martin
Pond Road and Richardson Road will consist of four, 12-ft lanes with 4-foot paved shoulders. The
approaches to the proposed bridge will be acurb-and-gutter section with a 20-ft raised median. All
other sections will have shoulders with a 40-ft raised median.
The purpose of the proposed interchange is to fulfill transportation demand through improved
accessibility to the US 64 Bypass and by increasing the capacity of the existing roadway system.
Increasing capacity conforms to the Wake County Transportation Plan, and is needed to accommodate
community growth and its related traffic increases. Currently, Wendell Boulevard serves as the only
1 of 2 7/2/2007 3:17 PM

project description
entrance into Wendell off of US 64. Traffic volumes in 2030 on this facility are projected to be double
of current traffic volumes. In addition to providing needed capacity, the proposed project is expected
to alleviate existing traffic volumes on Wendell Boulevard.
A secondary purpose of the proposed project is to correct existing roadway deficiencies at the
intersection of Richardson Road and Martin Pond Road. The existing intersection of Richardson Road
and Martin Pond Road does not meet NCDOT design standards due to limited sight distance in either
direction on Martin Pond Road.
The proposed project's western terminus is at the interchange leading to and from the existing US 64
Bypass at mile marker 427. The project will terminate at the intersection of Richardson Road with
Wiley Oaks Road, just east of the existing intersection of SR 2502 and Martin Pond Road.
TOdo PREUNINGER
WITHERS c RAVEhIEL
ttr MacK,enan Drive i Lary, Nurth Carolina z75~t
Eel: lt9 4~g334U {fax: 9tg 535 4545
direct: gEg.1;8.a;o7
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2 of 2 7/2/2007 3:17 PM

MODEL DECLARATION OF RESTRICTIONS
August, 2003
STATE OF NORTH CAROLINA
COUNTY
CONSERVATION DECLARATION
This DECLARATION of CONSERVATION COVENANTS, CONDITIONS, and
RESTRICTIONS (" ") is made on this day of ,
200_, by NAME AND ADDRESS OF DECLARANT) "Declarant").
RECITALS & CONSERVATION PURPOSES
A. Declarant is the sole owner in fee simple of the certain Conservation
Property (Property) being approximately acres, more particularly described in
Exhibit A attached hereto and by this reference incorporated herein [reference to a
recorded map showing a survey of the preserved area may be required]; and
B. The purpose of this Conservation Declaration is to maintain wetland and/or
riparian resources and other natural values of the Property, and prevent the use or
development of the Property for any purpose or in any manner that would conflict with
the maintenance of the Property in its natural condition. The preservation of the Property
in its natural condition is a condition of Department of the Army permit Action ID
issued by the Wilmington District Corps of Engineers (Corps), required
to mitigate for unavoidable impacts to waters of the United States authorized by that
permit, and this Conservation Declaration may therefore be enforced by the United States
of America.
NOW, THEREFORE the Declarant hereby unconditionally and irrevocably declares that
the Property shall be held and subject to the following restrictions, covenants and
conditions as set out herein, to run with the subject real property and be binding on all
parties that have or shall have any right, title, or interest in said property.
ARTICLE I. PROHIBITED AND RESTRICTED ACTIVITIES
Any activity on, or use of, the Property inconsistent with the purposes of this
Conservation Declaration is prohibited. The Property shall be maintained in its natural,
scenic, and open condition and restricted from any development or use that would impair

or interfere with the conservation purposes of this Conservation Declaration set forth
above.
Without limiting the generality of the foregoing, the following activities and uses are
expressly prohibited or restricted.
A. Disturbance of Natural Features. Any change disturbance, alteration or
impairment of the natural features of the Property or any introduction of non-native
plants and/or animal species is prohibited.
B. Construction. There shall be no constructing or placing of any building,
mobile home, asphalt or concrete pavement, billboard or other advertising display,
antenna, utility pole, tower, conduit, line, pier, landing, dock or any other temporary or
permanent structure or facility on or above the Property.
C. Industrial, Commercial and Residential Use. Industrial, residential and/or
commercial activities, including any right of passage for such purposes are prohibited.
D. Agricultural, Grazing and Horticultural Use. Agricultural, grazing, animal
husbandry, and horticultural use of the Property are prohibited.
E. Ve etation. There shall be no removal, burning, destruction, harming, cutting
or mowing of trees, shrubs, or other vegetation on the Property.
F. Roads and Trails. There shall be no construction of roads, trails or walkways
on the property.
G. Siege. No signs shall be permitted on or over the Property, except the
posting of no trespassing signs, signs identifying the conservation values of the Property,
signs giving directions or proscribing rules and regulations for the use of the Properly
and/or signs identifying the Grantor as owner of the property.
H. Dumping or Storage. Dumping or storage of soil, trash, ashes, garbage, waste,
abandoned vehicles, appliances, machinery or hazardous substances, or toxic or
hazardous waste, or any placement of underground or aboveground storage tanks or other
materials on the Property is prohibited.
I. Excavation, Dredging or Mineral Use. There shall be no grading, filling,
excavation, dredging, mining or drilling; no removal of topsoil, sand, gravel, rock, peat,
minerals or other materials, and no change in the topography of the land in any manner
on the Property, except to restore natural topography or drainage patterns.
J. Water Quality and Drainage Pattern. There shall be no diking, draining,
dredging, channeling, filling, leveling, pumping, impounding or related activities, or
altering or tampering with water control structures or devices, or disruption or alteration
of the restored, enhanced, or created drainage patterns. In addition, diverting or causing

or permitting the diversion of surface or underground water into, within or out of the
easement area by any means, removal of wetlands, polluting or discharging into waters,
springs, seeps, or wetlands, or use of pesticide or biocides is prohibited.
K. Development Rights. No development rights that have been encumbered or
extinguished by this Conservation Declaration shall be transferred pursuant to a
transferable development rights scheme or cluster development arrangement or
otherwise.
L. Vehicles. The operation of mechanized vehicles, including, but not limited to,
motorcycles, dirt bikes, all-terrain vehicles, cars and trucks is prohibited.
M. Other Prohibitions. Any other use of, or activity on, the Property which is or
may become inconsistent with the purposes of this grant, the preservation of the Property
substantially in its natural condition, or the protection of its environmental systems, is
prohibited.
ARTICLE II. ENFORCEMENT & REMEDIES
A. This Declaration is intended to ensure continued compliance with the
mitigation condition of authorizations issued by the United States of America, U.S. Army
Corps of Engineers, Wilmington District, and therefore may be enforced by the United
States of America. This covenant is to run with the land and shall be binding on all
parties and all persons claiming under the Declarant.
B. Corps, its employees and agents and its successors and assigns, have the
right, with reasonable notice, to enter the Property at reasonable times for the purpose of
inspecting the Property to determine whether the Declarant, Declarant's representatives,
or assigns are complying with the terms, conditions and restrictions of this Conservation
Declaration.
C. Nothing contained in this Conservation Declaration shall be construed to
entitle Corps to bring any action against Declarant for any injury or change in the
Conservation Property caused by third parties, resulting from causes beyond the
Declarant's control, including, without limitation, fire, flood, storm, and earth movement,
or from any prudent action taken in good faith by the Declarant under emergency
conditions to prevent, abate, or mitigate significant injury to life, damage to Property or
harm to the Property resulting from such causes.
ARTICLE III. PUBLIC ACCESS
A. This Conservation Declaration does not convey to the public the right to
enter the Property for any purpose whatsoever.

ARTICLE IV. DOCUMENTATION AND TITLE
A. Conservation Property Condition. The Declarant represents and
acknowledges that the Property is currently undeveloped land, with no improvements
other than any existing utility lines, Declarations and rights of way.
B. Title. The Declarant covenants and represents that the Declarant is the
sole owner and is seized of the Property in fee simple and has good right to make the
herein Declaration; that there is legal access to the Property, that the Property is free and
clear of any and all encumbrances, except Declarations of record.
ARTICLE V. MISCELLANEOUS
A. Conservation Purpose.
(1) Declarant, for itself, its successors and assigns, agrees that this
Conservation Property shall be held exclusively for conservation purposes.
B. Entire Agreement. This instrument sets forth the entire agreement of the
parties with respect to the Conservation Declaration and supersedes all prior discussions,
negotiations, understandings or agreements relating to the Conservation Declaration. If
any provision is found to be invalid, the remainder of the provisions of this Conservation
Declaration, and the application of such provision to persons or circumstances other than
those as to which it is found to be invalid, shall not be affected thereby.
C. Recording. Declarant shall record this instrument and any amendment
hereto in timely fashion in the official records of County, North Carolina,
and may re-record it at any time as may be required to preserve its rights.
D. Environmental Condition of Conservation Property. The Declarant
warrants and represents that to the best of its knowledge after appropriate inquiry and
investigation: (a) the Property described herein is and at all times hereafter will continue
to be in full compliance with all federal, state and local environmental laws and
regulations, and (b) as of the date hereof there are no hazardous materials, substances,
wastes, or environmentally regulated substances (including, without limitation, any
materials containing asbestos) located on, in or under the Property or used in connection
therewith, and that there is no environmental condition existing on the Property that may
prohibit or impede use of the Property for the purposes set forth in the Recitals.
IN WITNESS WHEREOF, Declarant has hereunto set his hand and seal, the day and
year first above written.
Signature of Declarant in proper form)
4

FW: Wendell Falls
Subject: FW: Wendell Falls
From: "Todd Preuninger" <[e-mail]>
Date: Wed, 27 Jun 2007 14:00:58 -0400
To: "Ian McMillan" <[e-mail]>
Thanks for the call regarding the wendell submittal package:
You had the following comments -please submit at 1:50 -see the a-mail below
Please provide the conservation agreement/easement: The applicant proposes preserving the remaining
wetlands and stream channels in perpetuity though a Declaration of Restrictions. The applicant will execute
the declaration of restirctions within 30 days of recordation for each phase of the subdivision. Please follow
the link to review the document that will be submitted:
http://www.saw.usace.army.mil/WETLANDS/Mitigation/Documents/declaration%20of%20restrictions8-03.1
We have discussed this issue with Monte Matthews, and he is willing to condition the permit. As each
phase of the subdivision is recorded, the decalration of restrictions must be in place, prior to the sale of the
lots.
You also requested that we provide the letter from DOT stating that the mitigation credits will be transferred
to Mercury Devlopment. I have attached a PDF of the letter. DOT did not provide any type of easement
map, nor do i know where the buffer mitigation was performed.
Please let me know if you need any additional information to complete your review.
thanks,
todd
From: Ian McMillan [mailto:[e-mail]]
Sent: Thursday, March 15, 2007 12:49 PM
To: Todd Preuninger
Subject: Re: Wendell Falls
Todd Preuninger wrote:
Ian,
I wanted to clarify what scale you'll need in order to finalize your review of the wendell project. We
provided an overall map at 1:500 and details at 1:100.
We can easily change the details to 1:50 (we'll just plot those on 11x17). What scale do you need the
overall map at? We can probably plot four 24x36 prints, with match lines, at a scale of 1:200 or 1:250,
1 of 2 6/27/2007 3:58 PM

FW: Wendell Falls
and then you can just tape them together.
If we try to plot the entire site at 1:50, once you piece it all together, the map would measure about 20
feet x 30 feet. Printing this on 24x36 sheets, the length of paper would be approximately 0.5 miles.
Let me know which you would prefer for the overall map - will a 1:200 or 1:250 scale work for the
overall, realizing that we will need to tape them together to see the entire site?
thanks,
todd
Four 24x36 prints, with match lines, at a scale of 1:200 or 1:250 will work. -Thanks, Ian
Content-Description: mitigationtransfer.pdf ',
mitigationtransfer.pdf Content-Type: application/octet-stream
Content-Encoding: base64
2 of 2 6/27/2007 3:58 PM

NI;llU l I- ax ~ y 1 y- (SS-y4lti Jun (lUU ( ~ ~ 54
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Sx~.~~ o~ No>zTx CARO~,IIVA
I?EPA.~NT OF TRANSPOP.T.A.'~ON~
r
N1[CHAELP. $ASLEY
ooVliRNOR
Jung S, 2007
Mr. Greg Fer$ersoxx
Mercury Development
5660 Six Porks Road, Suit4 202
lZaleigh, North Carolina 27609
Dear Mr. Pcrg~rson:
N. U"l
I.YNI)0 T1PP~'1"1'
SECRBYARY
As you are aware, 1171e NC Department of Transportation (the Departrzrent) and Mercury Development
(the Developer) entered into an Agreement on the l9tlr day of ranuary, 2006; and a subsequent
Supplemental Agreement on July 19, 2006, for the construction of a bridbe and interchange and certain
roadway improvements at ruffle marker 427.on US 64/2d4 in'VValce County, North Carolina.
Under the terms of the Agreement, the Department agreed to certain mitigation conditions. Said
mitigation conditions are as follows:
"The Department agrees to allow the Developer to utilize the mitigation originally set aside for the
impacts at the Eagle Rock Road intemhang0 (R-2547C). The specifrc mitigation crcditr at this
interchange (permit drawing sites 8, 9, acrd 11) are as follows:
1.09 acres riverine wetland mitigation (mitigation from Mazks Creek site), 74,271 square Zect
of zone t bu#fer mlitigation (24,757 square feet zone 1 buffer impacts), arrd 22,928 square feet
of zone 2 buffer mitigation (15,285 square feet zone 2 buffer impacts)
All buffer nut{gat{on was provided by NCDENIt-WRP. The Developer is r-esponsiblc: for any mitigatio~t
above and beyoztd what is provided by the Department, as listed abovo, at the proposed interchange. A.ll
credits originally purchased by the Department and not used by the Developer Zor the interchange shall
revert bael: to the Department."
If you need further information, please contact Phil l-Ianris at 715-138x. Thank you.
Greg rpe, Ph-~. '
.... Bran hfa ger
Project De eloprner~t $c Environrtxental Analysis ]gxaxtCh
0377/esn
MAtLINCi ADDRE86: TFI,EPHONE: •918-9353141 LOCATION
NC OEPARTfAENTOFTRANSPORTATION FAX: [phone]Y9d TRAMSAORTATiONBUIICING
PROJECT OfVfIOVMENT AND EtrviRONMENTA4 ANA~YBIS 1 50UiN WILMtNpTOn STREET
1548 MAIL SERVICe QEMfER to/encrrc• un~h~~ nnu nnr or~re ~v. , ~~ ~.. ~•~• • •~~

Nl:llUl t-dX~yly-(JJ-y41ti JUII (lUU( ~~55 F'. U3
Mfr Greg Fergerson
June 5, 2007
Fage ?
cc: Deborah Barbour, PE , Preconstruction Director
Wally Bowrnan,l'E, Division Ezagincer
l?hil Harris, p);, PDEA
Chris ~Iaire, F$, Roadway Design
Sandy Nance, S~3A Office

NC:llU l ~ dX ~ y7.y- (S3-y4'lt3 JUfI (lW ( tt ~ 54
e~ `~
.~
S7~Ax~ ol{ NORTH CARO~.INA
17EPA.~~ENT OF TRANS~'U~i.`~.A.'~0~1~
r
MICHAEL P. $ASLEY
(}pV$RNOR
June 5, 2007
Mr. Greg Fergersor~
Mercury I?evelopment
5660 Six Forks Road, Suitl; 202
ltalei.$h, North Carolina 27609
Aeax Mr. Ferg~rson:
r. U'l
1,YND0 T1PYE7"1'
SrrcRarnxY
As you are aware, the NC Department of Transportation (the Department) and Mercury neveloprnent
(the Developer) entered into an Agreement on the 19th day of 7anuary, 2006; and a subseque»It
Supplemental Agreement on July 19, 2006, for the constructi on of a bridbe and interchange and certain
roadway improvetxaents at mile marker 427,on US G4/2G4 ln'Vw'ake County, North Caroline.
Under the terms of the AgxoE;ment, the Depsrtmetrt agreed to certain mitigation conditions. Said
mitigatiota conditions are as follows:
"The Department agrees to allow the Developer to utilize the mitigation originally set aside for the
impacts at the Eagle Rock Road interchange (R-2547C). The speeiftc mitigation crcditr at this
interchange (permit drawing sites 8, 9, anal ll) are as follows:
1.09 acres riverine wetiand mitigation {mitigation from Mazks Creek site), 74,271 square #ect
of zone I bu#~'er rttitigation (24,757 squaro feet zone 1 buffer impacts), and 22,928 square feet
of zone ?buffer mitigation (15,285 square feet torte 2 buffer unpacts)
tall buffer mitigation was provided by NCDENIt-WRP. The Developer is responsiblt: for any mitigation
above and beyond what is provided by the Department, as listed abovo, at the pzoposed interchange. All
credits originally purchased by the 17eparcment and not used by the Developer for the interchange shall
revert bacl: to the Department."
If you geed further information, please contact Phil 1-Ianris at 715-138x. Thank you.
Sincc;rely
,r
..~
J
r'~
Greg rpe, Ph. '
.. .- Bran lV#a ger
Project De elopt»eat & Environm~e;atal Analysis 13xaneh
Ct71`/esn
MAILINC3 ADDRESS: [e-mail]; •919•>38.31at LOCATIONt
NC DCoAR1f.~Nr OF TRANSPORTATION FAX: [phone] TRANSPOR7h7i0N BUILCING
PaO~EGT UevtYOV~ar AND EmnaoNMtinra. ANAIvBiS I S~UrH WIt,M~NOTON STREHT
1548 M++7~ SERVICE CeNfER In/encmr• une~u~ nnu nnr ore re .v. ~ m n.. ~•~. • ~~~

rn;uu i r ax : y~.y- (~s-~u;t~ gun r luu ( ~ : ~~ r. us
her. Greg Fergerson
June 5, 2007
Page ?
cc: Deborah Barbour, ~'E , Preconstruction Director
Wally Bowrnati, YB, Division Et~gincer
Phil Harris, P~, PDEA
Chris Haire, P$, Roadway Design
Sandy Nance, S~3A Of£~ce