20061617 Ver 1_More Info Letter_20061102

~Q'F W ATF9Q Michael F. Easley, Governor
`(7 ti William G. Ross Jr., Secretary
f/J f~" North Carolina Department of Environment and Natural Resources
-1
.~ Alan W. Klimek, P.E. Director
Division of Water Quality
November 2, 2006
DWQ Project # 06-1617
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 October 13, 2006, the Division of Water Quality (DWQ) received your application dated September
26, 2006, to impact 7.47 acres of 404/wetland (3.09 acres permanent impact, 1.65 acres temporary
impact), 2,911 linear feet of stream with important aquatic function (2,191 linear feet of permanent
impact, and 720 linear feet of temporary impact), and 153,331 square feet of Zone 1 Neuse River basin
protected riparian buffer, and 86,684 square feet of Zone 2 Neuse River basin protected riparian buffer, to
construct the proposed Wendell Falls residential subdivision, commercial development, road
improvements, and US Highway 64/264 interchange. On October 13, 2006, the DWQ received the Public
Notice issued October 13, 2006, for the project. 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 have to move toward denial of your application as required by 15A NCAC 2H .0506 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. Please resubmit plans on full plan sheets at a scale of no smaller than 1"=50'.
2. Please submit your mitigation plan.
3. Please sign and date application.
4. Please clearly indicate Zone 1 and Zone 2 buffers, and impacts to these, on the site plan.
5. Please clearly locate all isolated or non-isolated wetland, stream, and other waters of the State as
overlays on the site plan
6. Please submit information on proposed project imperviousness.
401 Oversight/Express Review Permitting Unit
1650 Mail Service Center, Raleigh, Nortl- Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] /FAX [phone] /Internet: htt~~//h2o.enr.state.nc.us/ncwetlands
None Carolina
~tura!!y
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper

Mercury Development, LLC '
Page 2 of 3
November 2, 2006
7. Deed notifications must be placed on all lots that abut buffers or wetlands.
8. Please provide detail for the stormwater BMPs as required by GC3402.
9. The applicant is advised that constructed wetlands will be required for this project as the
stormwater BMP.
10. Please provide level spreader worksheets and an Operations & Maintenance Agreement for the
proposed project.
11. Please provide a signed and sealed geotechnical report for the proposed bottomless culverts.
12. Please provide proposed lot layout with building envelopes.
13. Please quantify intermittent and perennial stream impacts, and provide documentation from a
DWQ representative that the stream is determined to be intermittent or perennial.
14. As you probably know, the DWQ's rules require that we certify that the project will not result in
"cumulative impacts, based on past or reasonably anticipated future impacts, that cause or will
cause a violation of downstream water quality standards" NCAC 2H .0506(b)(4). In reviewing
your plans, it is cleaz that construction of this project will result in additional development to
several adjacent tracts. In addition, it appears that several of these tracts will require additional
wetland, stream and buffer impact. Therefore, with respect to cumulative impacts, the DWQ
asks,
"Will this project (based on past and reasonably anticipated future impacts) result in additional
development which could impact nearby downstream water quality? If yes, please submit a
quantitative cumulative impact analysis in accordance with the most recent North Carolina
Division of Water Quality policy posted on our website at:
http: //h2o. enr.state. nc. us/ncwetlands/documents/InteriminternalPolicyCum ulativelmpact. doc
1 S. Mitigation will be required for two road crossings labeled as, "R2" and "R8" on your plan sheets
and impact table. Please provide documentation on how mitigation will be achieved for these two
buffer impacts.
16. Please specify the lineaz footage of sewer line and water line impacts in the buffers. Also be
awaze that sewer and water line impacts aze not "temporary" as stated on your impact table.
Please revise your impact table entitled, "Impact Tables Temporary Impacts", to reflect these
changes.
17. Please submit complete and comprehensive roadway designs for the proposed interchange and
Wendell Falls thoroughfaze. Please note, as previously stated, the proposed interchange has
not been permitted for construction. With this submission, please also include a property
(parcels) ownership map and corresponding table demonstrating that the parcels necessary for
construction of the interchange have been acquired by the applicant.

Mercury Development, LLC
Page 3 of 3
November 2, 2006
18. Please provide documentation that the mitigation for the proposed interchange has been
transferred to the applicant from the NCDOT.
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 me in writing and Eric Kulz
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.
Sincerely,
n, ~ ~ G~-r
-~ "r~
Cyndi Karoly, Supervisor
401 Oversight/Express Review Permitting Unit
CBK/ijm
Enclosures: Draft Internal Policy Cumulative Impacts and the 401 Water Quality Certification and
Isolated Wetland Permit - NC Division of Water Quality
cc: Eric Kulz, DWQ Raleigh Regional Office
USACE Raleigh Regulatory Field Office
File Copy
Central Files
Todd Preuninger, Withers & Ravenel, 111 MacKenan Drive, Cary, NC 27511
Filename: 061617W endellFalls(W ake)On_Hold