20061617 Ver 3_More Info Letter_20080826

W ATFRQ Michael F. Easley, Governor
William G. Ross Jr., Secretary
tF- North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
August 26, 2008
DWQ Project # 06-1617, Ver. 3
Wake County
CERTIFIED MAIL: RETURN RECEIPT REQUESTED
Mr. Greg Ferguson
Mercury Development, LLC
5660 Six Forks Road, Suite 202
Raleigh, NC 27609
Subject Property: Wendell Falls
Marks Creek [030402, 27-38, C, NSW]
REQUEST FOR MORE INFORMATION
Dear Mr. Ferguson:
On July 9, 2008, the Division of Water Quality (DWQ) received your revised application dated
July 9, 2008, to impact 5.83 acres of 404/wetland (3.28 acres permanent impact, 2.63 acres
temporary impact), 3,067 linear feet of perennial stream (2,442 linear feet permanent impacts
and 625 linear feet temporary impacts), 596 linear feet of intermittent stream, 0.16 acres of open
water (pond), and 224,770 square feet Zone 1 of the Neuse River basin protected riparian buffers
(permanent impacts), 42,689 square feet Zone 1 of the Neuse River basin protected riparian
buffers (temporary impacts) and 140,670 square feet Zone 2 of the Neuse River basin protected
riparian buffers (permanent impacts), 25,700 square feet Zone 2 of the Neuse River basin
protected riparian buffers (temporary impacts). The DWQ has determined that your application
was 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
and/or streams on the subject property. Therefore, unless we receive five copies of the additional
information requested below, we will place this project on hold as incomplete until we receive
this additional information. If we do not receive the requested information, your project will be
formally returned as incomplete. Please provide the following information so that we may
continue to review your project.
Additional Information Requested:
1. Please provide an approvable mitigation plan for the impacts associated with your
project.
Please contact the DWQ within three weeks of the date of this letter to verify that you have
received this letter and that you remain interested in continuing to pursue permitting of your
project and will be providing the DWQ the requested information at a later date. Please contact
401 Oversight/Express Review Permitting Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] / FAX [phone] / Internet: hitp:i,!1 2o.enr.state.nc usinc,?vetian(is
Ne
o Carolina
Nturally
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/I0% Post Consumer Paper
Mercury Development, LLC
Page 2 of 3
August 26, 2008
me in writing and Mike Horan of the DWQ Raleigh Regional Office. If we do not hear from you
within three weeks, we will assume that you no longer want to pursue this project and we will
consider the project as withdrawn.
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 Ms. Cyndi Karoly or Mr. Ian
McMillan at 919-733-1786 if you have any questions regarding or would like to set up a meeting
to discuss this matter.
Since y,
Cyndi Karoly, Supervisor
401 Oversight/Express Review Permitting
Unit
CBKlijm
cc: Lauren Witherspoon, DWQ Raleigh Regional Office
USACE Raleigh Regulatory Field Office
File Copy
Central Files
Todd Preuninger, Withers & Ravenel, 111 MacKenan Drive, Cary, NC 27511
Filename: 061617Ver3 WendellFalls(Wake)On_Hold

¦ Complete items 1, 2, and 3. Also complete
item 4 if Restricted Delivery is desired.
¦ Print your name and address on the reverse
so that we can return the card to you.
¦ Attach this card to the back of the mailpiece,
or on the front if space permits.
Article Addressed to:
Mercury Development, LLC
Attn; Mr. Greg Ferguson
5660 Six Forks Road Suite 202
Raleigh, NC 27609
DWQ# 06-1617-v3-Wake
A. Signatur
X ? Agent
ddressee
B. Received by (Printed Na ) Ca of Delivery
D. Is delivery address different from item 1? Yes
If YES, enter delivery address below: ? No
3. Service Type
Certified Mail ? Express Mail
Registered 0 Return Receipt for Merchandise
1:1 Insured Mail C.O.D.
4. Restricted Delivery? (Extra Fee) ? Yes
2. Article Number 7008 0150 0001 3901 4720
(Transfer from serv PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M-1540
UNITED STATES POSTAL SERVICE
LISPS
• Sender: Please print your name, address, and ZIP+4 in this box •
NC DENR Division of Water Quality
401 Oversight/Express Unit
2321 Crabtree Boulevard, Suite 250
Raleigh, NC 27604
First-Class Mail
Postage & Fees Paid
Permit No. G-10