20201964 Ver 2_USACE Incomplete Notice_20211210

Strickland, Bev
From: Lastinger, James C CIV USARMY CESAW (USA) <[e-mail]>
Sent: Friday, December 10, 2021 1:26 PM
To: Lisa Long
Cc: Eric Kulz; Cohn, Colleen M; Trone, Rick V; Wojoski, Paul A
Subject: [External] Apollo 55 Townhomes, Incomplete notice, SAW-2019-02355
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Lisa,
Project history:
On August 3, 2021, you applied for a Department of the Army authorization to place dredge or fill material in waters of
the U.S. for the construction of residential subdivision, known as Apollo 55.
Based upon an incomplete letter sent to you via email on August 25, 2021, it was determined that your application for
DA authorization was incomplete. The Corps received your response to the incomplete notice on September 3, 2021. On
September 7, 2021, you were notified that your response did not adequately address our concerns, and further
information was needed, and the application was subsequently withdrawn on October 19, 2021.
On November 11, 2021 we received a revised PCN. Proposed impacts for the project are 0.45 acre of permanent
wetland impacts, 0.03 acre of temporary wetland impacts, and 2,072 square feet (387 LF) of permanent stream channel
impacts for the installation of a road crossings, lot fill, and stormwater management facilities associated with the
construction of 91 townhomes.
By copy of this email your application is still considered incomplete. Please address the following items within 30 days
of receipt of this notification or your application may be withdrawn.
1. Your construction plans are inconsistent and inadequate. Sheets C.3.0 and sheet 1 of 4 do not match. The area of
concern is located in the northwest corner. One sheet shows a dead end road and associated parking, while the other
shows a cul-de-sac bulb and parking with impacts to a jurisdictional stream. Please clarify what is being proposed for
construction and adjust your associated maps appropriately.
2. Your avoidance and minimization statement is insufficient, there are several acres of uplands on the property
(identified as new lots A and B), where at this point no construction is proposed. Please provide further information
regarding the ability to redesign the proposed townhomes and stormwater device to be placed in uplands on these lots,
in order to further avoid and minimize impacts to potential waters of the US. please provide further justification for
proposed stream channel fill as it appears there are upland alternatives on site for the placement of stormwater
facilities and residential construction.
3. Furthermore, as proposed it appears that your project does not meet the definition of a single and complete non-
linear project. Previous responses to the Corps original incomplete notice indicates that the current design and
placement of Stormwater devices and townhomes are for future development of lots A and C that will have further
impacts to potentially jurisdictional features, yet no plans showing proposed development on lots A and C are on your
submitted impact maps. Future development on lots A and C appear to be tied to proposed infrastructure and therefore
potential impacts associated with the development of lots A and C should be included within this application. Should
total permanent impacts to waters of the U.S. exceed 0.5 acre, an Individual Permit will be required from this office.

4. A meeting with the Corps, DWR, and the town of Cary is strongly recommended in order to clearly relay the agencies
expectations regarding this project prior to moving forward with potential permitting of the project. Upon receipt of
this incomplete notice, please reach out to the agency contacts (also copied on this email) to set up this meeting.
James Lastinger
Regulatory PM
Raleigh Regulatory Field Office
US Army Corps of Engineers, Wilmington District
ADDRESS: 3331 Heritage Trade Drive, Suite 105 Wake Forest, NC 27587
Please note that I am teleworking almost exclusively. Email is the best way to reach me.
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