20061617 Ver 6_Corps of Engineer Correspondence_20140509

REPLY TO
ATTENTION OF:
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
69 DARLINGTON AVENUE
WILMINGTON, NORTH CAROLINA 28403-1343
�# U
Regulatory Division
Action ID: SAW - 2006 -20100
Mr. Wiliam Mumford
NASH Wendell Falls, LLC
13777 Ballantyne Corporate Place, Suite 550
Charlotte, NC 28277
Dear Mr. Mumford,
COPY
re
Reference is made to the Department of the Army (DA) permit issued to Mr. Greg
Ferguson with Mercury Development, on October 31, 2007, which authorized Mercury
Development to permanently impact 0.16 acre of open water, 2,354 linear feet of perennial
channel, 581 linear feet of intermittent channel, and 3.24 acres of wetlands. In addition, the
permit authorized temporary impacts to 0.2 acres of wetlands and 625 linear feet of stream
channels for utility line construction associated with the development and construction of
Wendell Falls Development. Specifically, the project site is located on the west side of
Martin Pond Road (SR2503), 2,600 feet north of the intersection of Martin Pond Road and
Poole Road (SR 1007), in Wendell, Wake County, North Carolina. The site is comprised of
approximately 1,300 acres and is found at Latitude and Longitude in decimal degrees of
35.7694621 N and 78.4220719 W. The project contains unnamed tributaries of Mark's Creek
within the Neuse River Basin (HUC 03020201).
Reference is also made to your request, submitted on your behalf by your agent, Mr.
Chris Huysman. with Wetland and Natural Resource Consultants, Incorporated to transfer the
DA permit issued to Mercury Development to NASH Wendell Falls, LLC. In this request,
you signed as Transferee on April 10, 2014. Accordingly, as you have agreed to abide by all
of the conditions of the current permit, which expires December 31, 2022, the DA permit is
hereby transferred to NASH Wendell Falls, LLC.

Should you have any questions or concerns pertaining to your DA permit, please do
not hesitate to contact Mr. David Shaeffer, at [phone], Extension 31.
Steven A. Baker
Colonel, U.S. Army
District Commander
Enclosures
cc: with attaclu-nents (copy of transfierred DA permit)
Ms. Jennifer Burdette, NCDWR
cc: without attachments
Mr. Chris Huysman
Wetland & Natural Resource Consultants, Inc.
170 Dew Drop Road
Sparta, North Carolina 28675
N

Action ID No, SAW-2006-20 100
Mercury Development
Attn: Mr. Greg Ferguson
5660 Six Forks Road, Suite 202
Raleigh, North Carolina 27609
Dear Mr. Ierguson:
In accordance with the written request of September 9, 2006., submitted on your behalf by
Mr. Todd 9ocuningerof Withers and Rmvenel' and the ensuing administrative record, enclosed
are two copies o[a permit toauthorize total permanent impacts to0.l6 acres mf open water,
2,354liocor feet of perennial channel, 5Ql linear feet of intermittent channel, arid 3.24 acres of
vvoUaud. Temporary impacts are authorized to 0.2 nozea of wetlands for mc�,baoized land
clearing, and an additional 2.39 acres of wetlands and 625 linear feet ofstrean-i channels for
utility line installation associated with the construction of the Wendell Falls Development, The
project site is located on the west side of Martin Pond Road (SR 2503), 2,600 feet north ofthe
intersection of Martin Pond Rd. and Poole Rd, (SR 1007), in Wendell, Wake County, Nortli
Carol/na. The site is comprised of approximately 1,300 acres arid is found at Latitude and
Longitude io Decimal Degrees of35.760462l^N and 78.42207l9`W. The project 000iuins
uooanncd tributaries of Mark's Creek within the Neumc River Basin (BDC 0]020201).
You should acknowledge that you accept (lie terms and conditions o[ the enclosed permit
by signing and dating each copy in the spaces provided ("Permittee" on page 3). Your signature,
uapeondboo, indicates LhuL as consideration for the issuance of this permit, you voluntarily
accept and agree im comply with all of the terms and conditions nf this permit. All pages ofboth
copies 0f the signed permit with drawings and exhibits should then bo returned to this office for
final authorization, /L self-addressed envelope in enclosed for your convenience.
Title 33, Part 325,|H\' of the Code of Federal Regulations reads, iu part, that, "A $10 fee
will be charged for permit applications when the work is noncommercial in nature arid provides
personal beocfiLmthat have oo connection with a commercial cnterprixo—", and "/\ fee of $100
will be charged for permit applications when the planned or ultimate purpose of the project im
commercial or industrial in ou1oro and is in support ofoperations that charge for Lbeproduotion.
distribution, or sale of goods or services." As Your application fits the latter category, you are

—Titis correspondence contains a proffered •en-nit for the above described site. If You Gbiect
to this decision, you may request an administrative appeal tinder Corps regulations at -3 3� CFR'
Part 33 1. Enclosed you will find a Notification of Appeal Process (NAP) fact sheet and request
ror appeal (PTA) form. If you request to appeal this decision you must submit a completed RFA
form to the South Atlantic Division, Raleigh Regulatory, Field Office at the Following address:
Ms. Jean Manucle, Chief Raleigh Regulatory Field Office
U.S. Army Corps of Engineers
6508 Falls of Neuse Road, Suite 120
Raleigh, North Carolina 27615
In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete,
that it meets the criteria for appeal under 33 CFR part 331 .5, and that it has been received by the
Division Office within 60 days of the date of the NAP, Should you decide to Submit an RFA
form, it must be received at the above address by December 29, 2007,
* *It is not necessary to submit an RFA form to the Division Office if you do not object to the
decision in contained in this correspondence.**
After the permit is authorized in this office, the original copy will be returned to you and
the duplicate copy will be permanently retained in this office. Should you have questions, please
contact Mr. Monte Matthews, Raleigh Regulatory Field Office, at telephone [phone],
extension 30,
9�
Jean B. Manucle
Chief, Raleigh Regulatory
Field Office
Enclosures
Copy Furnished:
Cary, NC 27511

Action ID 200620100
Mercury Development
Mr. Greg Ferguson
5660 Six Forks Road, Suite 202
Raleigh, North Carolina 27609
Dear Mr. Ferguson:
Enclosed is a Department of the Army permit to construct the Wendell Falls
Development, on the west side of Martin Pond Road (SR 2503)7 2,600 feet north of the
intersection of Martin Pond Rd. and Poole Rd. (SR 1007), in Wendell, Wake County,
North Carolina. The Corps is issuing this permit in response to your written request of
September 9, 2006, and the ensuing administrative record.
Any deviation in the authorized work will likely require modification of this permit, if
a change in the authorized work is necessary, you should promptly submit revised plans to
the Corps showing the proposed changes. You may not undertake the proposed changes
Until the Corps notifies YOU that Your permit has been modified.
Carefully read your permit. The general and special conditions are important. Your
failure to comply with these conditions could result in a violation of Federal law. Certain
significant conditions require that:
a. You must complete construction before December 31, 2022,
b. You must allow representatives from this office to make periodic Visits to Your
worksite as deemed necessary to assure compliance with permit plans and conditions.
You must notify this office in advance as to when you intend to commence and
complete work.

N
You should address all questions regarding this authorization to Monte Matthews,
Regulatory Division, telephone [phone], extension 30.
John E. Pulliam, Jr.
Colonel, U.S. Army
District Commander
Copy Furnished With enclosures:
Chief, Source Data Unit
NOAA/National Ocean Servic
ATTN: Sharon Tear N/CS261
1315 East-West f lwy., Rn-i 73 15L,
Silver Spring, MD 20910-328'".
Mr, Ronald J, Mikulak, Chief
Wetlands Regulatory Section
61 Forsyth Street
Mr, Doug Huggett
Atlanta, Georgia 30303
Division of Coastal Management
North Carolina Department of
Mr. Pete Benjamin
Environment and Natural Resources
U.S. Fish and Wildlife Service
400 Commerce Avenue
Fish and Wildlife Enhancement
Morehead City, North Carolina 28557
Post Office Box 33726
Raleigh, North Carolina 27636-3726
Mr. David Rackley
National Marine Fisheries Service
Mr. Ron Sechler
219 Fort Johnson Road
National Marine Fisheries Service
Charleston, South Carolina 29412-9110
Pivers Island
Beaufort, North Carolina 28516

NOTE. The term "you" and its derivatives, as used in this permit, means the permittee or any future transferee, The
term "this office" refers to the appropriate district or division office of the Corps of Engineers having jurisdiction over
the permitted activity or the appropriate official of the office acting under the authority or the commanding officer.
You are authorized to perform work in the accordance with the terms avid conditions specified below.
Project Description: The project, known as the Wendell Falls Development, is a 1,300 acre planned unit
development that would involve a variety of land uses including residential, commercial, office,
institutional, and a County park. The development would involve the construction of 4,000 residential
dwelling units and approximately 450, 000 square feet of retail and office space. Approximately 160
acres of land along the Marks Creek corridor and Lake Myra would be dedicated to Wake County for the
creation of a park. A large component of this project involves a proposal for the construction of a major
thoroughfare, Wendell Falls Boulevard, which would bisect the property from cast to west. This
boulevard would connect with a proposed interchange at US 64/264 bypass at the intersection with Eagle
Knightdale Road (SR 2501/2502) at mile marker 427 on the western side of the project area. The eastern
terminus would be at the intersection of Richardson Road with Wiley Oaks Road, just east of the existing
intersection of SR 2502 and Martin Pond Road. The interchange at US 64/264 is considered part of this
project
Total proposed permanent impacts for this proposal are 0.16 acres of open water impacts to a
pond, 2,354 linear feet of perennial channel impact, 581 linear feet of intermittent channel impacts, and
3.24 acres of wetland impact, Temporary impacts are proposed to 0.2 acres of wetlands for mechanized
land clearing, and an additional 2,39 acres of wetlands and 625 linear feet of stream charinels for utility
line installation. The compensatory mitigation would be secured through the on-site preservation of
35,383 linear feet of stream channel, 40.9 acres of wetlands, and 42.62 acres of upland stream/wetland
buffer. In addition, a payment to the North Carolina Ecosystem Enhancement Program will be made for
the restoration of 2,354 linear feet of Stream and 2.15 acres of wetlands in the Neuse River Basin (HUC
03020201), Ina letter dated, October 3, 2007, the NCEEP has agreed to provide this mitigation,
Project Location: The project, known as Wendell Falls, is located on the west side of Martin Pond Road
(SR 2503), 2,600 -feet north of the intersection of Martin Pond Rd. and Poole Rd. (SR 1007), in Wendell,
Wake County, North Carolina, The proposed site is comprised of approximately 1,300 acres and is found
at Latitude and Longitude in Decimal Degrees of 35,769462]'N and 78.4220719° W. The project contains
unnamed tributaries of Mark's Creek within the Neuse River Basin (HUC 03020201).
ENG Form 1721, Nov N6 EDITIONS OF SEP 82 IS OBSOLETE, (33 DFR 325 (Appendix A))

General Conditions:
Special Conditions:
2 *LJ,S. GOVERNMENT PRINTING OFFICE: 1986-717-425

3 *U,S. GOVERNA [ENT PRINTING OFFICE: 1986-717425

Your signature below, as permittee, indicates that you accept and agree to comply with the terms and conditions of this
permit.
C ZY N T (D A Tk)
(PER MITiEE) VE hi- W DEVELOPME
T, �
MR. GREG FERGUSON
This permit becomes effective when the Federal official, designated to act for the Secretary of the Army, has signed
below.
Q—\ .k--\ 7" "".' --11— —Vl c'-"- a-01 cj-:k-
7D �YRICT Cotnnw&Nr JOHN E. PULLIAM, JR., COLONEL (DA TE)
When the structures or work authorized by this permit are still inexistence at the time the property Is trii as rerred, (lie terms land conditions or this
permit will continue to be binding on the new owner(s) oft he property. To validate the trnnsferof this permit and the associated liabilities associated
with compliancewilh its terms and conditions, have the transferee sign and date beiniv.
(TRANSFEREE) William Mumford (DA TE)
Authorized Signatory
NASH Wendell Falls, LL4
911�11

Mercury Develonmot rWendell Falls Develo mentl
WORK LIMITS
a) All work authorized by this permit must be performed in strict compliance with the
attached plans, which are a part of this permit. Any modification to these plans must be
approved by the US Army Corps of Engineers (USACE) prior to implementation.
b) Except as authorized by this permit or any USACE approved modification to this
permit, no excavation, fill or mechanized land-clearing activities shall take place at any
time in the construction or maintenance of this project, within waters or wetlands. This
permit does not authorize temporary placement or double handling of excavated or fill
material within waters or wetlands outside the permitted area. This prohibition applies to
all borrow and fill activities connected with this project.
c) Except as specified in the plans attached to this permit, no excavation, fill or
mechanized land-clearing activities shall take place at any time in the construction or
maintenance of this project, in such a manner as to impair normal flows and circulation
patterns within waters or wetlands or to reduce the reach of waters or wetlands.
d) The North Carolina Division of Water Quality (DWQ) permit/certification number
3707 was issued for this project on October 3, 2007. Special conditions were issued
associated with this water quality permit /certification and a copy of these conditions is
attached as Exhibit A. These referenced conditions are hereby incorporated as special
conditions of this permit.
e) The permittee shall make payment to the North Carolina Ecosystem Enhancement
Program (NC EEP) in the amount determined by the NC EEP, sufficient to perform the
restoration of 2,354 linear feet of streams and 2.15 acres of riparian wetlands. By letter
dated April 1, 2005, the N(..EEP has agreed to accept payment for the proposed impacts.
Payment into the NCEEP is an acceptable form of mitigation as established by the
Memorandum of Understanding between the North Carolina Department of Environment
and Natural Resources and the U.S. Army Corps of Engineers, Wilmington District,
dated November 4, 1998,
Construction within jurisdictional areas on the property shall begin only after the
permittee has made felt payment to the NC EEP and provided a copy of the payment
documentation to the Corps, and the NC EEP has provided written confirmation to the
Corps that it agrees to accept responsibility for the mitigation work required, in
compliance with the MOU between the North Carolina Department of Environment and
Natural Resources and the United States Army Corps of Engineers, Wilmington District,
dated November 4, 1998.

'k q'Note: Habitat type may be described as found in Schafale and Weakley,
Classification of the Natural Communities of North Carolina, Third Approximation,
1990; or in accordance with Cowardin, et al (1979), Classification of Wetlands and
Deepwater Habitats of the of the United States
Permittee shall execute and cause to be recorded in the Wake County Register of
Deeds the Restrictive Covenants, the form of which was transmitted to USACE in an
October 26, 2007, email from Mr. Greg Ferguson, which shall preserve in perpetuity the
40.9 acres of wetlands, 35,383 linear feet of stream channel, and 42.621 acres of riparian
buffer described on the map Within the October 23, 2007, email from Mr. Todd
Preuriingcr (authorized agent). A copy of the Restrictive Covenants to be recorded and
the associated map is attached to this permit as Exhibit B. The permittee shall enforce
the terms of the restrictive covenants and shall take no action on the property described in
the declaration inconsistent with the terms thereof. The permittee will provide the Corps
a recorded copy of the Restrictive Covenants within 60 days from issue date of this
pen-nit, The Corps understands that the recording of the maps for each subdivision phase,
associated with the Restrictive Covenants, will be completed on a phased approach. The
permitlee shall provide to the Corps a copy of each recorded map, showing the exact
locations of preservation areas, within 30 days of the recording date.
NOTE: The preservation totals listed above account for 20 acres of potential riparian
buffer to be excluded from the recorded preservation area, to account for minor
adjustments in alignments of infrastructure and/or property lines. Perinittec will be
responsible for insuring that at least 42,261 acres of riparian buffer- are preserved.
RELATED LAWS
0 All mechanized equipment will be regularly inspected and maintained to prevent
contamination of waters and wetlands from Fuels, lubricants, hydraulic fluids, or other
toxic materials. In the event of a spill of petroleurn products or any other hazardous
waste, the peimittee shall immediately report it to the N.C. Division of Water Quality at
[phone], Ext. 526 or [phone] and provisions of the North Carolina Oil
Pollution and Hazardous Substances Control Act will be followed.
PRO J, CT MAINTENANCE
g) The permittee shall advise the Corps in writing prior to beginning the work authorized
by this permit and again LIP011 completion of the work authorized by this permit. In
addition, a pre-construction meeting shall take place prior to beginning the construction
activities. This meeting shall be comprised of the applicant, the contractors, ally sub-
contractors and their equipment operators working within jurisdictional areas. Please
contact the Corps of Engineers Project Manager at least 2 weeks prior to the
commencement of construction to schedule this meeting,
1)

h) Unless otherwise authorized by this permit, all fill material placed in waters or
wetlands shall be generated from an upland source and will be clean and free of any
pollutants except in trace quantities. Metal products, organic materials (including debris
from land clearing activities), or unsightly debris will not be used.
i) The permittee shall require its contractors and/or agents to comply with the terms and
conditions of this permit in the construction and maintenance of this project, and shall
provide each of its contractors and/or agents associated with the construction or
maintenance of this project with a copy of this permit. A copy of this permit, including
all conditions, shall be available at the project site during construction and maintenance
of this project
j) The permittee shall employ all sedimentation and erosion control measures necessary
to prevent an increase in sedimentation or turbidity within waters and wetlands outside
the permit area. This shall include, but is not limited to, the immediate installation of silt
fencing or similar appropriate devices around all areas subject to soil disturbance or the
movement of earthen fill, and the immediate stabilization of all disturbed areas.
Additionally, the Project Must remain in full compliance with all aspects of the
Sedimentation Pollution Control Act of 1973 (North Carolina General Statutes Chapter
I 13A Article 4).
During the clearing phase of the project, heavy equipment must not be operated in
surface waters or stream channels. Temporary stream crossings will be used to access the
opposite sides of stream channels, All temporary diversion channels and stream
crossings will be constructed of non-erodible materials. Grubbing of riparian vegetation
will not occur until immediately before construction begins on a given segment of strearn
channel.
No fill or excavation for the purposes of sedimentation and erosion control shall occur
within j arisdictional waters, including wetlands, unless it is included on the plan
drawings and specifically authorized by this permit.
k) The permittee, upon receipt of a notice of revocation of this permit or upon its
expiration before completion of the work will, without expense to the United States and
in such time and inariner as the Secretary of the Army or his authorized representative
may direct, restore the water or wetland to its pre-project condition.
1) Violations of these conditions or violations of Section 404 of the Clean Water Act or
Section 10 of the Rivers and Harbors Act Must be reported in writing to the Wilmington
District U.S. Army Corps of Engineers within 24 hours of the perinittee's discovery of
the violation,

CONSTRUCTION PLANS
n1) The permitlee will ensure that the construction design plans for this project do not
deviate from the permit plans attached to this authorization. Written verification shall be
provided that the final construction drawings comply with the attached permit drawings
prior to any active construction in waters of the United States, including wetlands. Any
deviation in the construction design plans will be brought to the attention of the Corps of
Engineers, Raleigh Regulatory Field Office prior to any active construction in waters or
wetlands,
MI 11
n) Failure to institute and carry out the details of these special conditions, will result in a
directive to cease all ongoing and permitted work within waters and/or wetlands
associated witli the permitted project, or such other remedies and/or fines as the District
Engineer or his authorized representatives may seek.
WET CONCRETE
o) The permittee shall take measures to prevent live or fresh concrete from coming into
contact with any surface waters until the concrete has hardened.
V
p) Measures will be included in the construction/installation that will promote the safe
passage of Fish and other aquatic organisms. The dimension, pattern, and profile of the
stream above and below a pipe or culvert should not be modified by widening the stream
channel or by reducing the depth of the stream in connection with the construction
activity. The width, height, and gradient of a proposed opening should be such as to pass
the average historical low flow and spring flow without adversely altering flow velocity.
Spring flow should be determined from gage data, if available. In the absence of such
data, bankfull flow can be used as a comparable level.
Culverts greater than 48 inches in diameter will be buried at least one foot, below the bed
of the stream. Culverts 48 inches in diameter or less shall be buried or placed oil the
stream bed as practicable and appropriate to maintain aquatic passage, and every effort
shall be made to maintain the existing channel slope. The bottom of the culvert must be
placed at a depth below the natural stream bottom to provide for passage during drought
or low flow conditions. Destabilizing the channel and head cutting upstream should be
considered in the placement of the culvert. A waiver from the depth specifications in this
condition may be requested in writing. The waiver will be issued if it can be
demonstrated that the proposal would result in the least impacts to the aquatic
environment,
8

q) To ensure that all borrow and waste activities occur on high ground and do not result
in the degradation of adjacent wetlands and streams, except as authorized by this permit,
the permittee shall require its contractors and/or agents to identify all areas to be used to
borrow material, or to dispose of dredged, fill, or waste material. The permittee shall
provide the USACE with appropriate maps indicating the locations of proposed borrow
or waste sites as soon as the permittee has that information. The permittee will
coordinate with the USACE before approving any borrow or waste sites that are within
400 feet of any streams or wetlands. All jurisdictional wetland lines on borrow and waste
sites shall be verified by the Corps of Engineers and shown on the approved reclamation
plans. The perraittee shalt ensure that all such areas comply with Special Condition b) of
this permit, and shall require and maintain documentation of the location and
characteristics of all borrow and disposal sites associated with this project. This
information will include data regarding soils, vegetation and hydrology sufficient to
clearly demonstrate compliance with the Special Condition b), All information will be
available to the USACE upon request. Mercury Development shall require its contractors
to complete and execute reclamation plans for each waste and borrow site and provide
written documentation that the reclamation plans have been implemented and all work is
completed. This documentation will be provided to the Corps of Engineers within 30
days of the completion of the reclamation work.