20061617 Ver 1_USFWS Comments_20061215

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United States Department of the Interior ~,~~;~~ ~; ~~~~
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FISH AND WILDLIFE SERVICE
Raleigh Field Office
Post Office Box 33726
Raleigh, North Carolina 27636-3726
October 23, 2006
Mr. Monte Matthews
RRLEiG"rIREGL'I,ATORY riELD OFiiCE
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U.S. Army Corps of Engineers, Wilmington District
Raleigh Regulatory Field Office ~ D~~~~r ~~ : ~'7~'~
6508 Falls of the Neuse Road, Suite 120 ~ m: ~ i,:`'~'. ~~
Raleigh, North Carolina 27615 ,~~.. ~ ~ ~ ~ ~ I
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Re: Action ID No. SAW-2005-20100-292 r"'mow-~r~~ ~~~~
Dear Mr. Matthews:
The U.S. Fish and Wildlife Service (Service) has reviewed Action ID No. SAW-2005-20100-
292, dated October 13, 2006 whereby Mercury Development is proposing to discharge fill
material into streams and waters of the United States to facilitate the. construction of a high
density residential development (Wendell Falls) and commercial space along Mark's Creek, and
tributaries, in the Neuse River Basin near Wendell and Eagle Rock in Wake County, North
Carolina. This report is submitted in accordance with the Fish and Wildlife Coordination Act
(48 Stat. 401, as amended; 16 U.S.C. 661-667d); to be used in your determination of compliance
with 404(b)(1) guidelines (40 CFR 230) and in your public interest review (33 CFR 320.4)
relative to the protection offish and wildlife resources.
The project area is an approximately 1,300 acre site of contiguous land 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 (Lat. 35.7694 and Lon. 78.4221). The project site
Cnntain_s tributaries to Mark's Creek and bake Mvra which dra.?n into the Neuse River Basin.
The site is located in a rapidly developing area with numerous new residential developments
nearby, and consists of abandoned agricultural fields, and forestland. According to the Public
Notice, the site contains approximately 195 acres of wetlands and 6.6 miles of streams. The
Public Notice does not state the exact nature or acreages of waters of the United States that
would be impacted by the proposed project, or provide a detailed mitigation plan or protective
measures for the remaining natural features of the site. As stated by the applicant, the purpose of
the project is to provide additional housing, and commercial and office space in a rapidly
growing area.
The project would involve extensive clearing, grading, excavation, and fill for the construction
of lots, homes, roads, stormwater facilities and associated infrastructure. Proposed impacts to
waters of the United States are not known, however it is anticipated that significant direct
impacts, and cumulative secondary impacts can be expected with a development of this

magnitude. The applicant has not proposed mitigation for the anticipated impacts to streams,
wetlands, and riparian areas at this time. The Corps has indicated that the project will be
evaluated for impacts as a single and complete project for permitting purposes.
The streams which maybe impacted by the project are nutrient sensitive and provide important
ecological and hydrological functions for the receiving waters of Lake Myra and the Neuse
River. The Service is concerned about the cumulative and indirect impacts to Mark's Creek,
Lake Myra and the Neuse River which are associated with the rapid development in the area.
The cumulative impacts of multiple development places more and more stress on the terrestrial,
and especially the aquatic systems within the watershed, and eventually adversely affect the fish
and wildlife trust resources of the area, and affect natural communities through decreased species
diversity. For this reason, avoidance, minimization of impacts, and compensation are critical
components of the development that must be required if the quality of the aquatic environment is
to be maintained. The increase in the amount of impervious surface will alter the character and
quality of stormwater runoff leaving the site. The Service recommends that the impacts
associated with this project continue to be considered as a single project, and that mitigation
should be required for all of the wetland and stream impacts implied in this Public Notice as well
as other portions of the development. Additionally, any proposed compensatory mitigation must
comply with the Corps' mitigation success criteria, be implemented concurrently with the
development, and placed in perpetual conservation easements. Further, appropriate erosion and
sediment controls should be required for all aspects of the project to protect aquatic habitats as a
condition of any section 404 permit for the proposed project, and these measures should be
aggressively implemented and maintained to prevent the transport of sediment to adjacent
streams, wetlands and natural areas.
In order to affect fish and wildlife conservation and to fulfill the public trust stewardship
obligations in this matter, the Service recommends that appropriate. wetland and stream
mitigation be required and that remaining wetlands and streams on the site be placed under
permanent protective instruments for the life of the project. Additionally, appropriate
stormwater treatment, and sediment controls are a necessary condition for this project to protect
the aquatic life and water quality of the receiving streams downstream of this development. If
you have any questions regarding this information, please contact Mr. Mark D. Bowers of my
staff at [phone] (Ext. 191 or at the above address.
Y~

Pete
Fielc
cc: NMFS -Beaufort
EPA -Atlanta
NCWRC-Raleigh