20061617 Ver 1_More Info Letter_20060201

~QF W A TF9p Michael F. Easley, Governor
~~ G William G. Ross Jr., Secretary
rte" North Carolina Department of Environment and Natural Resources
~ ~
0 ~ Alan W. Klimek, P.E. Director
Division of Water Quality
February 1, 2007
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 5.57 acres of 404/wetland, 3,4901inear feet of stream, and 207,346 square feet of
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. On
January 26, 2007, the DWQ received additional information from you, however, the DWQ has
determined that your application remains 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 submit your responses to the USACOE comments.
2. Please provide detail for the stormwater BMPs.
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 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assume that you no longer want to pursue this project and we will consider the project as withdrawn.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
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: htto://h2o.enr.state.naus/ncwetlands
Noe Carolina
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An Equal Opportunity/Affirmative Action Employer - 50% Recycled/] 0% Post Consumer Paper

Mercury Development, LLC
Page 2 of 3
February 1, 2007
authorized (at this time) by the DWQ. Please call Ms. Cyndi Karoly or Mr. Ian McMilla at 919-733-
1786 if you have any questions regarding or would like to set up a meeting to discuss t~,ji matter.
~~~
-Cyndi Karoly, Supervisor
401 Oversight/Express Review Permitting Unit
CBK/ijm
cc: Mike Horan, DWQ Raleigh Regional Office
USACE Raleigh Regulatory Field Office
File Copy
Central Files
Todd Preuninger, Withers & Ravenel, 111 MacKenan Drive, Cary, NC 27511
Filename: 061617WendellFalls(Wake)On_Hold2