20201245 Ver 1_More Info Received_20211013

Strickland, Bev
From: Camden Brunick <[e-mail]>
Sent: Wednesday, October 13, 2021 1:14 PM
To: Cohn, Colleen M
Cc: Deborah Shirley; Phillips, George L CIV USARMY CESAW (USA)
Subject: FW: [External] RE: Horton Park Residential / Apex / Wake County / North Carolina /
SAW-2019-00283 / Request for Additional Information
Attachments: Buffer SOA - Horton Park Residential.pdf; Horton Park_Impact 13.pdf
CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to
Report Spam.
Good afternoon Colleen,
I hope you are doing well today. Please see our responses below in red. I have also attached an SOA for the buffer
mitigation for impact 13.
• Impact 13:
o The proposed buffer impacts are for the road crossing/widening of Gladsong Dr, but I am having
difficulties finding an existing Gladsong Dr. Is this a new road or does the existing road have a different
name? Gladsong Drive is a new street (not existing). The new Gladsong Drive will generally follow the
current alignment of Dezola Street (Dezola Street is a gravel access for property owners west of the
proposed creek crossing for Gladsong Drive). But it is being built as a new street to Town of Apex
Collector Street standards.
o This does not appear to be a perpendicular road crossing. Please provide an explanation of how this fits
under (y) in the Neuse River Riparian Buffer Rules Table of Uses or provide mitigation for these impacts
if it are not a perpendicular crossing. The crossing is not perpendicular as the street was aligned with (1)
the property boundaries by others and (2) the alignment avoids impacts to the channel (only buffer
impacts). I have attached the SOA for mitigation of these buffer impacts above.
Please let me know if you need anything else or have any more questions.
Thank you,
CAMDEN BRUNICK
Environmental Consultant
Soil & Environmental Consultants, PA
North Quarter Office Park
8412 Falls of Neuse Road, Suite 104
Raleigh, NC 27615
[phone](cell)
From: Cohn, Colleen M <[e-mail]>
Sent: Wednesday, October 6, 2021 3:35 PM
To: Deborah Shirley <[e-mail]>; Phillips, George L CIV USARMY CESAW (USA)
<[e-mail]>
Subject: RE: [External] RE: Horton Park Residential / Apex / Wake County / North Carolina / SAW-2019-00283 / Request
for Additional Information
i

Hi Deborah,
I am beginning my review for this project and require some additional information:
• Impact 13:
o The proposed buffer impacts are for the road crossing/widening of Gladsong Dr, but I am having
difficulties finding an existing Gladsong Dr. Is this a new road or does the existing road have a different
name?
o This does not appear to be a perpendicular road crossing. Please provide an explanation of how this fits
under (y) in the Neuse River Riparian Buffer Rules Table of Uses or provide mitigation for these impacts
if it are not a perpendicular crossing.
Thank you,
Colleen Cohn
Environmental Specialist II
North Carolina Department of Environmental Quality
Division of Water Resources
Raleigh Regional Office
380o Barrett Drive
Raleigh, NC 27609
Office: 919-791-4258
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: Deborah Shirley [mailto:[e-mail]]
Sent: Wednesday, September 22, 2021 2:37 PM
To: Phillips, George L CIV USARMY CESAW (USA) <[e-mail]>
Cc: Cohn, Colleen M <[e-mail]>
Subject: [External] RE: Horton Park Residential / Apex / Wake County / North Carolina / SAW-2019-00283 / Request for
Additional Information
CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to
Report Spam.
Lyle,
Thank you for meeting with us to discuss the project and review your comments/questions. We have provided
responses below in red and provided the attached additional information.
Attachments:
Proposed Site Exhibit -Rezoning Exhibit
Updated Horton Park Overall Site Map -Proposed Conditions
Horton Park -Partial Site Map -Proposed Conditions
Please let us know if you have any additional questions or need further information to continue your review of this
permit application.
Thank you,
DEBORAH E. SHIRLEY
Project Manager -Regulatory Specialist
Soil & Environmental Consultants, PA
Mobile [phone]
2

This electronic communication, including all attachments, is intended only for the named addressee (s) and may contain confidential information. This electronic
communication may not have passed through our standard review/quality control process. Design data and recommendations included herein are provided as a matter of
convenience and should not be used for final design. Rely only on final, hardcopy materials bearing the consultant's original signature and seal. If you are not the named
addressee (s), any use, dissemination, distribution or copying of this communication is prohibited. If you have received this electronic communication in error, please notify
the sender by return e-mail and delete the original communication from your system. Thank you.
Please consider the environment before printing this email.
From: Phillips, George L CIV USARMY CESAW (USA) <[e-mail]>
Sent: Wednesday, September 1, 2021 3:28 PM
To: Deborah Shirley <[e-mail]>
Cc: Cohn, Colleen M <[e-mail]>
Subject: Horton Park Residential / Apex / Wake County / North Carolina / SAW-2019-00283 / Request for Additional
Information
Ms. Shirley,
I have reviewed the above referenced project and need the following comments/questions addressed to evaluate the
proposed activities.
1) Per general conditions 15, the activity must be a single and complete project. The same NWP cannot be used
more than once for the same single and complete project.
a. Independent utility is a test to determine what constitutes a single and complete non -linear project in
the Corps Regulatory Program. A project is considered to have independent utility if it would be
constructed absent the construction of other projects in the project area. Portions of a multi -phase
project that depend upon other phases of the project do not have independent utility. Phases of a
project that would be constructed even if the other phases were not built can be considered as separate
single and complete projects with independent utility.
b. For non -linear projects, the term "single and complete project" is defined at 33 CFR 330.2(i) as the total
project proposed or accomplished by one owner/developer or partnership or other association of
owners/developers. A single and complete non -linear project must have independent utility (see
definition of "independent utility"). Single and complete non -linear projects may not be "piecemealed"
to avoid the limits in an NWP authorization. Based on a review of current property owners for PODs 1-8
and the "Proposed Site Exhibit" attached it is unclear if the proposed project is "single and complete".
i. Please provide information to support the proposed activities being a "single and complete
project" and having independent utility from the additional PODS 1-4 depicted on the "Proposed
Site Exhibit" attached.
PODS 2 & 4 would be considered part of this project. The project is providing sanitary sewer to these areas
however there are no anticipated additional stream or wetland impact for the future development of PODS 2 &
4. Note that POD 2 is proposed Tech/Flex and POD 4 is proposed multi -family. POD 1 was not a part of this
rezoning and is proposed to be Industrial and Office Employment development. POD 3 is zoned residential but is
separated by Jesse Drive, a Major Thoroughfare Road and it not anticipated to have shared
amenities/utilities/access.
2) Please provide an explanation as to why the proposed sewer infrastructure north of the proposed development
is necessary to service the downgradient proposed subdivision?
Please see attached updated Overall Site plan showing the POD 4 future development. This future development
has been designed to avoid wetland, stream and/or riparian buffer impacts.
3) Please describe the need for Impact 14. Based on the scale of the proposed subdivision please describe how the
activity has been designed to avoid and minimize adverse effects, to the maximum extent practicable in
compliance with NWP general conditions 23 (a) and (b).
Per the project engineer: In an effort to minimize and avoid impacts to the 928 SF wetland pocket identified as
"Wetland 'W12'" (page 24 of 24 in the Horton Park Impact Maps), Peak took another look at the design of the
surrounding roadway infrastructure and the impact 'W12'. The design of the streets in the area were established
with two requirements in mind: (1) the elevation of Horton Park Drive at the connection with Resteasy Drive,
3

and (2) the requirement to direct stormwater runoff to the proposed constructed wetland in the NW corner of
POD 5 West.
First, the elevation of Horton Park Drive — a major collector within the Town's adopted Master Transportation
Plan — is established using certain vertical and horizontal design guidelines. These guidelines established the
location and elevation of Horton Park Drive for any future connections to this public collector street.
Second is the requirement to treat the stormwater runoff from Horton Park Drive, Resteasy Drive, Pinecone
Court, and the residential homes. The elevation of Pinecone Court and Resteasy in the vicinity of Wetland 'W12'
is required to direct runoff to a proposed Constructed Stormwater Wetland in the NW corner of POD 5 West.
Based upon residential street designs standards and accepted design standards for stormwater conveyances, to
lower Pinecone Court and Resteasy Drive to avoid impacts to 'W12' would result in substandard roadway
designs and the need for a new stormwater control measure located near 'W12'.
In summary, the grading of the surrounding roadway infrastructure (Horton Park Drive, Resteasy Drive and
Pinecone Court) along with the existing elevations in the vicinity of the proposed constructed wetland have
resulted in the encroachment into the 928 SF 'W12' wetland pocket.
Please let me know if you have questions/concerns. We can set up a time for a phone call or virtual meeting if necessary.
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]
We would appreciate your feedback on how we are performing our duties. Our automated Customer Service Survey is
located at https://regulatory.ops.usace.army.mil/customer-service-survey/ . Thank you for taking the time to visit this
site and complete the survey.
4