20200281 Ver 1_USACE Incomplete Application Notification_20200402

Jeff,

On February 20, 2020, the Division of Water Resources (Division) received your application requesting a 401 Certification from the Division for your project. The Division has determined
that your application is incomplete and cannot be processed. The application is on-hold until the following information is received. Please complete the following items in the application:

* Please provide the Division a copy of your response from the U.S. Army Corps of Engineers requesting additional information. [15A NCAC 02H .0502(c)] [15A NCAC 02H .0502(c)
* The Corps of Engineers must also verify the Nationwide Permit that is to be used to authorize this project. [15A NCAC 02H .0502(a)(7)]

Pursuant to Title 15A NCAC 02B .0502 (c), the applicant shall furnish all of the above requested information for the proper consideration of the application. If all of the requested
information is not received in writing within 30 calendar days of receipt of this letter, the Division will be unable to approve the application and it will be returned.

Stephanie Z. Goss

Environmental Specialist II

Division of Water Resources

Raleigh Regional Office

3800 Barrett Drive

Raleigh, NC 27609

919-791-4256

E-mail correspondence to and from this address may be subject to the

North Carolina Public Records Law and may be disclosed to third parties

From: Harbour, Jeff W <[e-mail]>
Sent: Thursday, April 02, 2020 10:01 AM
To: Goss, Stephanie <[e-mail]>; Phillips, George L CIV USARMY CESAW (USA) <[e-mail]>
Subject: RE: [External] RE: Little Beaver Creek Sewer / SAW-2020-00386 / Incomplete Application Notification

CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to [e-mail] <mailto:[e-mail]>

Stephanie,

Please keep it active as we try to resolve the permitting pathway for the 404 process.

Thanks

Jeff Harbour, PWS

Department Manager II – Natural Resources

Environmental Services, Inc., A Terracon Company

4901 Trademark Drive I Raleigh, North Carolina 27610

D [phone] I M [phone]

[e-mail] <mailto:[e-mail]> I www.esinc.cc [esinc.cc] <https://urldefense.com/v3/__http:/www.esinc.cc__;!!HYmSToo!M3gcSpeoP-lVpAZLvOSgkkABT-CEklSCAGdtefi_CkETYo7s4OcD5gUFA3hDtAqDIWbYyg$>
I terracon.com [terracon.com] <https://urldefense.com/v3/__http:/www.terracon.com/__;!!HYmSToo!M3gcSpeoP-lVpAZLvOSgkkABT-CEklSCAGdtefi_CkETYo7s4OcD5gUFA3hDtArRQQqxpA$>

From: Goss, Stephanie <[e-mail] <mailto:[e-mail]> >
Sent: Thursday, April 2, 2020 9:55 AM
To: Harbour, Jeff W <[e-mail] <mailto:[e-mail]> >; Phillips, George L CIV USARMY CESAW (USA) <[e-mail] <mailto:[e-mail]>
>
Subject: RE: [External] RE: Little Beaver Creek Sewer / SAW-2020-00386 / Incomplete Application Notification

Jeff,

Can you provide a status update on this project. It is unclear to me whether it will be moving forward or will need to be withdrawn. Thanks in advance!

Stephanie Z. Goss

Environmental Specialist II

Division of Water Resources

Raleigh Regional Office

3800 Barrett Drive

Raleigh, NC 27609

919-791-4256

E-mail correspondence to and from this address may be subject to the

North Carolina Public Records Law and may be disclosed to third parties

From: Harbour, Jeff W <[e-mail] <mailto:[e-mail]> >
Sent: Monday, March 30, 2020 11:36 AM
To: Phillips, George L CIV USARMY CESAW (USA) <[e-mail] <mailto:[e-mail]> >
Cc: William Norton <[e-mail] <mailto:[e-mail]> >; Patrick Kiernan <[e-mail] <mailto:[e-mail]> >; Brad Zadell <[e-mail]
<mailto:[e-mail]> >; Goss, Stephanie <[e-mail] <mailto:[e-mail]> >
Subject: [External] RE: Little Beaver Creek Sewer / SAW-2020-00386 / Incomplete Application Notification

CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to [e-mail] <mailto:[e-mail]>

Mr. Phillips.

Thank you for your response. I am attaching an email from the Town of Apex regarding the sewer line for your consideration. Although I realize that how the Town separates projects
is not the same process as USACE, I believe it may help define the sewer line’s overall purpose, well beyond any development associated with Friendship Station.

Via this email I am asking the engineers to comment on phases 4-6 that you mention below as I have not reviewed any plans for those phases to date. We do acknowledge that the PUD, if
wetlands and WOUS impacts are proposed, may need to be permitted concurrently to identify any potential mitigation requirements per Section 404. We would, however, prefer to permit
the sewer separately so that it’s proposed construction timelines can be met. Compensatory wetland mitigation for the sewer line has been secured per your initial RAI letter.

In the meantime, the Friendship Station project could proceed with designs and plans suitable for inclusion into a separate Section 404 application. Thanks for your time and assistance.

Jeff Harbour, PWS

Department Manager II – Natural Resources

Environmental Services, Inc., A Terracon Company

4901 Trademark Drive I Raleigh, North Carolina 27610

D [phone] I M [phone]

[e-mail] <mailto:[e-mail]> I www.esinc.cc [esinc.cc] <https://urldefense.com/v3/__http:/www.esinc.cc__;!!HYmSToo!Np46hWdlq1efhWe4n99Q8Y5hZis4Jbj19yoNtGBjKtQfGlieYTmbLbHZr21vtjI22-fO5w$>
I terracon.com [terracon.com] <https://urldefense.com/v3/__http:/www.terracon.com/__;!!HYmSToo!Np46hWdlq1efhWe4n99Q8Y5hZis4Jbj19yoNtGBjKtQfGlieYTmbLbHZr21vtjJx7kYAuw$>

From: Phillips, George L CIV USARMY CESAW (USA) <[e-mail] <mailto:[e-mail]> >
Sent: Tuesday, March 24, 2020 2:19 PM
To: Harbour, Jeff W <[e-mail] <mailto:[e-mail]> >
Cc: William Norton <[e-mail] <mailto:[e-mail]> >; Patrick Kiernan <[e-mail] <mailto:[e-mail]> >; Brad Zadell <[e-mail]
<mailto:[e-mail]> >; '[e-mail]' <[e-mail] <mailto:[e-mail]> >
Subject: RE: Little Beaver Creek Sewer / SAW-2020-00386 / Incomplete Application Notification

Jeff,

Thank you for providing additional information.

Based on the information provided in your PCN, and information obtained through the Town of Apex website, it appears that the proposed sewer line expansion is a result of the proposed
Friendship Station planned urban development (PUD). Based on review of the delineation of Friendship Station and the conservation easement the approved “Friendship Station, Sections
4-6” appears to impact wetland and non-wetland waters.

The Friendship Station planned urban development (PUD) including the approved Friendship Station, Sections 4-6, appears to result in further loss to waters of the U.S., therefore these
impacts must be considered together before we are able to determine the appropriate Department of the Army permit for the proposed project.

Under conditions of nationwide permit 12 and 29 an application/pre-construction notification is considered complete only if the activity is deemed a single and complete project. For
non-linear projects “single and complete” is defined as the total proposed or accomplished by one owner/developer or partnership, and must have independent utility. Single and complete
non-linear projects may not be “piecemealed”. Please provide more information on the complete project. Project plans should depict the entire project, including all impacts to jurisdictional
features, roadways, utility lines, lot lines, greenway trails etc. Project plans should be no larger than 11x17.

Please let me know if you have any questions.

G. Lyle Phillips

Regulatory Specialist

US Army Corps of Engineers

CE-SAW-RG-R

3331 Heritage Trade Drive, Suite 105

Wake Forest, North Carolina 27587

Phone: [phone], Ext. 25.

Fax: [phone]

Email: [e-mail] <mailto:[e-mail]>

From: Harbour, Jeff W <[e-mail] <mailto:[e-mail]> >
Sent: Monday, March 16, 2020 1:28 PM
To: Phillips, George L CIV USARMY CESAW (USA) <[e-mail] <mailto:[e-mail]> >
Cc: William Norton <[e-mail] <mailto:[e-mail]> >; Patrick Kiernan <[e-mail] <mailto:[e-mail]> >; Brad Zadell <[e-mail]
<mailto:[e-mail]> >
Subject: [Non-DoD Source] RE: Little Beaver Creek Sewer / SAW-2020-00386 / Incomplete Application Notification

Mr. Phillips,

With regards to your RAI dated 3/12/2020 for the Little Beaver Creek Sewer, I am attaching the Little Beaver Creek Sewer Study prepared for the Town of Apex along with their Sewer Basin
Map. This portion of the LBC Sewer Line is having to be built and paid for by the future developer of Friendship Station because it is the first leg of the route. However, multiple
end users will connect to the line as identified in the report and map. The initial 2 phases of Friendship Station have been designed to avoid wetland/WOUS impacts. No information
is known for any phases other than Phase I and II. Future phases have not been designed to be best of my knowledge. Therefore, we are requesting that the PCN and the impacts resulting
from this initial segment of the LBC sewer line be reviewed as submitted.

Regarding mitigation, 0.203 acre of forested wetlands will be cleared for the sewer line project. As requested, the applicant is currently requesting compensatory mitigation for these
impacts through a private mitigation bank. Since the impacts to these wetlands will not be a loss of wetland acreage, merely a conversion, we are not proposing a full 2:1 replacement
ratio, but are asking that USACE consider a lesser ratio. I will forward the appropriate mitigation acceptance letter immediately upon receipt.

Thank you for your assistance with this project.

Regards,

Jeff Harbour, PWi

Department Manager II – Natural Resources

Environmental Services, Inc., A Terracon Company

4901 Trademark Drive I Raleigh, North Carolina 27610

D [phone] I M [phone]

[e-mail] <mailto:[e-mail]> I Blockedwww.esinc.cc <Blockedhttp://www.esinc.cc> I terracon.com <Blockedhttp://www.terracon.com/>

From: Phillips, George L CIV USARMY CESAW (USA) <[e-mail] <mailto:[e-mail]> >
Sent: Thursday, March 12, 2020 12:07 PM
To: Harbour, Jeff W <[e-mail] <mailto:[e-mail]> >
Cc: Goss, Stephanie <[e-mail] <mailto:[e-mail]> >
Subject: Little Beaver Creek Sewer / SAW-2020-00386 / Incomplete Application Notification

Jeff,

Please see the attached incomplete notice for the PCN submitted on February 20, 2020 for the above referenced project. A hard copy will not be mailed. Please let me know if you have
any questions.

G. Lyle Phillips

Regulatory Specialist

US Army Corps of Engineers

CE-SAW-RG-R

3331 Heritage Trade Drive, Suite 105

Wake Forest, North Carolina 27587

Phone: [phone], Ext. 25.

Fax: [phone]

Email: [e-mail] <mailto:[e-mail]>