20061617 Ver 1_Other Agency Comments_20061215

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DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P. O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890 ~O~ ~ / ~ /~
IN REPLY REFER TO
December 14, 2006
Regulatory Division
Action ID. SAW-2005-20100-292
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Mercury Development ~ ~ `~ "~ `~ ~' ~ ~ ~°'~ , ~~~ ~I
Attn: Mr. Greg Ferguson Ilk- E. ~1 ~~ '/~~~,~
5660 Six Forks Road, Suite 202
Raleigh, North Carolina 27609 ,~~I~}~ ~u,~~.r ~~~
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Dear Mr. Ferguson:
Reference our October 13, 2006, Public Notice for the proposed impacts associated with
the construction of Wendell Falls located on the west side of Martin Pond Road, 2,600 feet north of
the intersection of Martin Pond Road and Poole Road in Wendell, Wake County, North Carolina.
Permanent impacts associated with the proposed project include 3.09-acres of jurisdictional
wetlands and 2,191 linear feet of streams having important aquatic functions. Proposed temporary
impacts include 1.65-acres of jurisdictional wetlands and 720 linear feet of streams having
important aquatic functions. All impacts are associated with the construction of a
residential/commercial development project.
After review of your proposal, letters were received from the North Carolina Wildlife
Resources Commission (NCWRC), the U.S. Fish and Wildlife Service, and Brown & Bunch,
PLLC-Attorneys and Counselors at Law which raised comments/concerns on your proposed project.
All letters have been attached for your review, consideration and comment. The primary concerns
include cumulative and indirect impacts to downstream aquatic features; the use of proper sediment
and erosion control measures along with adequate stormwater control; protection of any historic
features listed, or eligible for listing in the National Register of Historic Places; the establishment of
buffers along streams, protection of remaining wetla~ids; location of sewer lines; possible use of
bridges, proper culvert installation; and other items found within these letters.
Also, the NCWRC has requested additional information on several bulleted items. Please
provide this information to facilitate their review of your proposal. In addition, in order to further
expedite review of your project, we will need you to please provide additional information on the
following items:
1. Please detail the site selection process, including all potential sites considered at the
conception of the project and the reason for not-selecting each site.

2. Further information is also needed for the justification of impacts at areas R2, R3, R4,
and R9 due to the potential use of cul-de-sacs or road realignment rather than stream
crossings.
3. Impacts at S 11 and S 12 appear to serve no purpose/need, as well as, S 15 and R8.
Therefore, justification of these impacts is also necessary. If any impacts are expected
within these areas from future development, they should be included within this permit
application.
4. Please indicate if any impacts are necessary for the construction of the schools identified
on the impact map. If these schools are a required component from a local or state
permitting agency and have the potential for impacts to jurisdictional features, layout details
should be included within this permit application.
5. Please clarify if there are any potential impacts to the pond shown north of impact S6 and
G6.
6. The greenway and sewer impacts appear separate throughout the project rather than co-
located. Please provide additional information as to why they can not be collocated within
the same construction corridor.
7. The compensatory mitigation plan will need finalizing once all minimization and
avoidance measures have been completed. Please continue to work on this plan and provide
us the status of your progress in your response letter.
8. In a letter dated June 9, 2006, the SHPO office requested the Corps establish the permit
area for determination of potential archeology surveys. Due to the location and number of
impacts to jurisdictional features, the permit area will encompass the entire project site.
Please coordinate the permit area determination with Ms. Gledhill-Earley of the SHPO's
office for further recommendations and actions which may be necessary for you to complete
prior to further processing of your permit.
Please note while we have not specifically identified all concerns raised by the
commenter's in this letter, you still need to respond to each and every issue presented. As stated
above, copies of all letters have been attached for your review and consideration. If possible, please
provide a response to these issues within 60 days. If you have any questions or concerns, please
contact Mr. Monte Matthews at [phone] x30 or at the letterhead address.
Sincerely,

Jean B. Manuele
Chief, Raleigh Regulatory
Field Office
Attachments

Copy Furnished: (with attachments)
NC DENR
Division of Water Quality
Attn: Cyndi Karoly
1650 Mail Service Center
Raleigh, NC 27699-16150
Withers and Ravenel
Attn: Todd Preuninger
111 MacKenan Drive
Cary, NC 27511
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