20061617 Ver 1_More Info Letter_20070327

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~Q~ W ATFR p Michael F. Easley, Governor
`Q (i William G. Ross Jr., Secretary
Vj~..- North Carolina Department of Environment and Natural Resources
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0 .,C Alan W. Klimek, P.E. Director
Division of Water Quality
March 27, 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 5.2 acres of 404/wetland, 3,4161inear feet of stream, and 355,450
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, and February 9, 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 1 SA 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. As previously requested, please resubmit plans on full plan sheets at a scale of no smaller than
1"=50', and please include topographic information, i.e., contour intervals on the plan.
2. As previously requested, please submit your mitigation plan. The DWQ cannot issue your
Certification without an approved mitigation plan.
3. Please provide a table of clearly indicating all permanent and temporary impacts. Also, please
be sure to differentiate between Zone 1 and Zone 2 buffer impacts.
None hCarolina
401 Oversight/Express Review Permitting Unit ~QtuCQ«y
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, NoRh Carolina 27604
Phone: [phone] /FAX [phone] /Internet: httv://h2o.enr.state.nc.us/ncwetlands
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper

Mercury Development, LLC
Page 2 of 4
March 27, 2007
4. As previously requested, please clearly indicate all 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 at the larger scale.
6. As previously requested, please submit information on proposed project imperviousness, i.e.,
an inventory of proposed impervious surfaces.
7. As previously mentioned, deed notifications must be placed on all lots that abut buffers or
wetlands.
8. As previously requested, please provide detail for the stormwater BMPs as required by
GC3402.
9. As previously noted, the applicant is advised that constructed wetlands will be required for this
project as the stormwater BMP.
10. As previously requested, please provide proposed lot layout with building envelopes.
11. As previously requested, please quantify intermittent and perennial stream impacts, and
.provide documentation from a DWQ representative that the stream is determined to be
intermittent or perennial.
12. Please specify the linear footage of sewer line and water line impacts in the buffers. Also be
aware that sewer and water line impacts are not "temporary" as stated on your impact table.
Please revise your impact table entitled, "Impact Tables Temporary Impacts", to reflect these
changes.
13. You have proposed bottomless culverts for your site. Please provide a signed and sealed
geotechnical report per, NCDOT - DIVISION OF HIGHWAYS -GUIDELINES
FORDRAINAGE STUDIES AND HYDRA ULIC DESIGN, PREPARED BYA. L.
HANKINS, JR., P.E. STATE HYDRAULICS ENGINEER -1999. This report states, "When
a shallow (3-5 foot max. depth) non-erosive rock foundation is found throughout the proposed
site, the structure can be built on footings without a bottom allowing retention of the natural
channel bed. Please verify that your proposed bottomless culverts comply with the above-
referenced manual.
14. Please address the following:
R-1 -This office recommends shifting the proposed crossing to the southwest in order to
avoid some stream impact. The current crossing is not at the best perpendicular location.
R-3 -Three proposed lots near R-3 appear unbuildable without further impacts. Please
address this situation.

Mercury Development, LLC
Page 3 of 4
March 27, 2007
• R-7 - Is this a proposed culvert crossing or fill? A culvert should be emplaced to ensure
proper drainage.
• R-11 -This office recommends shifting the proposed road to reduce buffer and stream
impacts.
• S2/G2 -Please address why this proposed crossing is not perpendicular.
• S/6 -Please address whether the two proposed manholes in the wetland may be moved
out of the wetland.
• R8A -Your proposed project design includes a stub road after crossing an unnamed
tributary of Marks Creek. You have not provided details related to the development
planned on the other side of the stream, or a potential connecting road to be tied to your
proposed road. Please revise your site plan to either eliminate this stub road altogether, or
re-design it so that it ends as a cul-de-sac with the surrounding properties, including the
area adjacent to the stream, incorporated into the lots. If this stub road has been required
by the local municipality, please note that a full alternatives analysis must be provided to
justify the future crossing currently being established at this location. If this stream
crossing would merely provide for interconnectivity where reasonable access already
exists, the proposed crossing would not be approvable. If the crossing would be required
within or between developments for safety purposes, please provide documentation from
the local municipality or emergency services to support this claim.
15. As previously requested, further information is need for the justification of impacts at the
areas R4 and R9. In the City of Wendell letter, they reference R8, R3, R4, and R2 as the
necessary impacts for interconnectivity. However, R4 and R9 were not mentioned as necessary
impacts for interconnectivity. Please revise your plans eliminating impacts R4 and R9.
16. This office believes that the greenway trail can be bridged to avoid the stream and buffer
impacts. Please revise your plans to avoid the impacts.
17. The DWQ still has concerns regarding the proposed interchange and Wendell Falls Parkway.
John Hennessy, Supervisor, with the DWQ-TPU unit will be formalizing these concerns and a
follow-up "Request For More Information" letter will be forthcoming.
Please contact the DWQ within three weeks of the date of this letter to verify that you have received
this letter and to provide us with a date that we may expect to receive this requested information. If
we do not receive this requested information within one week of the date you indicate it will be
forthcoming, your project will be withdrawn and you will need to reapply with a new application and a
new fee. Please contact me in writing and Lauren Cobb 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, or John Hennessy at 919-733-5694, if you have any questions regarding or would like to set
up a meeting to discuss this matter.

Mercury Development, LLC
Page 4 of 4
March 27, 2007
Sin.~erely,
/! CCU.,
Cy di Karoly, Supervisor
401 Oversight/Express Review Permitting Unit
CBK/ijm
cc: John Hennessy, Supervisor, DWQ-TPU Central Office
Lauren Cobb, 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 endellFa lls(W a ke)On_Hold3