20200281 Ver 3_More Info Received_20220808

Cohn, Colleen M
From:Harbour, Jeff W <[e-mail]>
Sent:Monday, August 8, 2022 8:20 AM
To:Phillips, George L CIV USARMY CESAW (USA)
Cc:Cohn, Colleen M; Patrick Kiernan
Subject:\[External\] RE: Friendship Station Section 1&2 / Apex / Wake County /
SAW-2017-00235 / 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,
Pursuant to your comments dated 8/4/2022; we respectfully submit the following response to Item #1. The mitigation
SOA (Item # 2) was provided to you earlier last week.

1. Based on the application the project proposes to discharge fill material at Impact Area A. Based on the scale of
the site (232 townhome lots) it is unclear if the project has avoided and minimized to the maximum extent
practicable as required by NWP General Conditions 23(a) and (b). Please provide additional information to assist
the Corps in verifying compliance with GC 23(a) and (b) or redesign to avoid or minimize to the maximum extent
practicable.

Applicant’s Response - Based on the project size of 30 acres, and the avoidance of almost all low-lying wetlands within
stream buffers and near stream channels, we feel that we have minimized the wetland impact on site while still achieving
an efficient yield of townhome lots. The wetland associated with Impact Area A is a small Headwater Forest wetland;
consisting primarily of shrub, sapling and herbaceous vegetation. Mature woody vegetation is absent due to the area
being timbered approximately 12-15 years ago. The area was maintained in a low growing state, apparently for some
agriculture or silviculture purposes, until around 2014-2015.

The impact to this wetland at Impact Area A could not be avoided and still meet the purpose and need of the project due
to the small size of the property being developed (30 acres). The wetland impact is being compensated for through
wetland mitigation with NCDMS, as documented in the SOA previously provided. Avoidance and minimization measures
have been employed elsewhere on the project site as described in the PCN. The road crossing has been minimized by
using 3:1 slopes to minimize the footprint and the crossing location was placed to minimize the impact to wetlands.

It is our opinion that the project has demonstrated avoidance and minimization as much as practicable while still
meeting the project’s purpose and need. Those unavoidable impacts to aquatic resources are being compensated for
through mitigation as required by current regulations.

Thank you for the opportunity to response to you and we hope that this will allow you to continue your review of the
project.

Jeff Harbour, PWS
Senior Scientist I Natural Resources

2401 Brentwood Road, Suite 107 I Raleigh, NC 27604
D [phone] I M [phone]
[e-mail] I Terracon.com
1

From: Phillips, George L CIV USARMY CESAW (USA) <[e-mail]>
Sent: Thursday, August 4, 2022 11:27 AM
To: Harbour, Jeff W <[e-mail]>
Cc: Cohn, Colleen M <[e-mail]>; Patrick Kiernan <[e-mail]>
Subject: RE: Friendship Station Section 1&2 / Apex / Wake County / SAW-2017-00235 / Request for Additional
Information

Recieved. Thanks Jeff.

I am in a training class this week, but if a quick phone call next week would be helpful just let me know.

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.
From: Harbour, Jeff W <[e-mail]>
Sent: Thursday, August 4, 2022 11:09 AM
To: Phillips, George L CIV USARMY CESAW (USA) <[e-mail]>
Cc: Cohn, Colleen M <[e-mail]>; Patrick Kiernan <[e-mail]>
Subject: \[URL Verdict: Neutral\]\[Non-DoD Source\] RE: Friendship Station Section 1&2 / Apex / Wake County / SAW-2017-
00235 / Request for Additional Information

Here is the SOA. I will address your other comment asap. Thanks Lyle

Jeff Harbour, PWS
Senior Scientist I Natural Resources

2401 Brentwood Road, Suite 107 I Raleigh, NC 27604
D [phone] I M [phone]
[e-mail] I Terracon.com

From: Phillips, George L CIV USARMY CESAW (USA) <[e-mail]>
Sent: Thursday, August 4, 2022 10:58 AM
To: Harbour, Jeff W <[e-mail]>
2

Cc: Cohn, Colleen M <[e-mail]>
Subject: Friendship Station Section 1&2 / Apex / Wake County / SAW-2017-00235 / Request for Additional Information

Mr. Harbour,

I have reviewed the above referenced project and need the following questions/comments addressed to ensure
compliance with NWP terms and conditions.

1. Based on the application the project proposes to discharge fill material at Impact Area A. Based on the scale of
the site (232 townhome lots) it is unclear if the project has avoided and minimized to the maximum extent
practicable as required by NWP General Conditions 23(a) and (b). Please provide additional information to assist
the Corps in verifying compliance with GC 23(a) and (b) or redesign to avoid or minimize to the maximum extent
practicable.
2. Based on the application it is unclear which mitigation option is proposed. The options presented on the on the
PCN include: mitigation bank, payment to in-lieu fee program, and permittee responsible mitigation. Please
provide a brief statement indicating which options is proposed and if necessary what ratio is proposed. If a bank
or ILF is proposed please provide a letter from the entity.
Please submit the above information within 30 days of receipt of this Notification or we may consider your application
withdrawn and close the file. Please email ([e-mail]) me if you have any questions/concerns.
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.

3