20201964 Ver 4_More Info Received_20230309

Baker, Caroline D
From: Ward Marotti <ward @spanglerenvironmental.com >
Sent: Thursday, March 9, 2023 7:57 AM
To: [e-mail]; Thomas, Zachary T
Cc: AJ Varick; [e-mail]
Subject: [External] RE: Request for Additional Information: SAW-2019-02355 (Apollo 55 site / Lennar / NC
Highway 55 / Cary / Wake County / residential)
Attachments: Apollo 55 PCN-SAW-2019-02355 resubmittal2023-03-08.pdf
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Per below, the updated PCN is attached.
SPANGLER
EN vmcN mzNITAL, IMC.
Ward Marotti
Director - Land & Water Resources
Raleigh • Charlotte • Charleston • Tampa
866-772-6453
980-308-9888
spanglerenvironmental. corn
0 ward6a spanglerenvironmental. com
525 N. Tryon St, Suite 1600 Charlotte, NC 28202
in G f
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From: Ward Marotti
Sent: Thursday, March 9, 2023 7:56 AM
To: [e-mail]; Thomas, Zachary T <[e-mail]>
Cc: AJ Varick <[e-mail]>; [e-mail]
Subject: RE: Request for Additional Information: SAW-2019-02355 (Apollo 55 site / Lennar / NC Highway 55 / Cary /
Wake County / residential)
David:
Attached please find our response to your below comments/questions. The updated PCN will be sent under separate
cover.

Please confirm your receipt of both and advise if you have any questions. If so, please advise a few dates/times that you
are available for a Teams meeting, as that is likely to be the best way to proceed.
Thanks.
SPANGLER
ENYIRONmcNTAL, INC.
Ward Marotti
Director - Land & Water Resources
Raleigh • Charlotte • Charleston • Tampa
866-772-6453
980-308-9888
ilP spanglerenvironmental. corn
p ward6a spanglerenvironmental. com
9 525 N. Tryon St, Suite 1600 Charlotte, NC 28202
non
Any email message sent by any employee of Spangler Environmental is intended only for the identified recipient. It (and any attachment) is strictly confidential
and may contain attorney -privileged work product. If you have obtained an email by error or you are not the identified recipient, please notify the sender by
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From: Bailey, David E CIV USARMY CESAW (USA)<[e-mail]>
Sent: Thursday, February 9, 2023 5:27 PM
To: AJ Varick <[e-mail]>; Stephen Dorn <[e-mail]>
Cc: Thomas, Zachary T <[e-mail]>
Subject: Request for Additional Information: SAW-2019-02355 (Apollo 55 site / Lennar / NC Highway 55 / Cary / Wake
County / residential)
on
Thank you for your PCN for the above referenced project. I have reviewed the information and need clarification before
proceeding with verifying the use of Nationwide Permits (NWPs) 29 and 43 (https://saw-
reg.usace.army.mil/NWP2021/NWP29.pdf, https://saw-reg.usace.army.mil/NWP2021/NWP43.pdf). Please submit the
requested information below (via e-mail is fine) within 30 days of receipt of this Notification, otherwise we may deny
verification of the use of the Nationwide Permit or consider your application withdrawn and close the file:
1) The PCN is not considered complete, and the following items must be addressed:
a. The PCN is not signed;
b. Section B.6a states that the project is not phased, but New Lots A and B would be part of the same
single and complete project and development plans are not shown;
c. Section C.2 is not filled out;
d. A portion of the description in Section D.1a is cut off;
e. Section D.3 is not completed, and proposed compensatory mitigation ratios are not specified.

2) Neither NWP 43 or 29 can be used in the Wilmington District to authorize discharges in streams and wetlands
for stormwater management facilities, per NWP 43 and 29 Regional Condition C. a.
It is possible that NWP 18 could be used to authorize proposed impact 3; however, you would need to justify
that the quantity of discharged fill material in proposed Impact 3 would not exceed 25 cubic yards below the
plane of the ordinary high water mark (OHWM). Photographs showing this portion of Stream SD, its indicators of
OHWM, and the dimensions of the channel (length, width, and depth) proposed to be filled for Impact 3
respective to its indicators of OHWM would be useful in documenting compliance with this requirement.
If Impact 3 cannot fit NWP 18, than this project would require redesign to fit within the terms and conditions of
an applicable NWP or submittal of an Individual (i.e. Standard) Permit application.
3) Per NWP General Condition 23(a), the activity must be designed and constructed to avoid and minimize adverse
effects, both temporary and permanent, to waters of the United States to the maximum extent practicable at
the project site. There are several acres of uplands on the property (identified as New lots A and B) where no
development is currently shown. It appears that multifamily units and associated stormwater management
facilities currently proposed in or reliant upon fill within Stream SD and Wetland WA could be re -designed to
occur within the upland areas. In order to comply with NWP General condition 23(a), please redesign the project
accordingly, or provide documentation that such avoidance and minimization measures are not practicable (i.e.
available and capable of being done after taking into consideration cost, existing technology, and logistics in light
of overall project purposes).
4) The above item notwithstanding, based on the information provided, there are future plans for development
within the subject property in New Lots A and B which the Corps would consider to be part of the same single
and complete project (see NWP General Condition 15) as the residential project currently designed. Given the
location and extent of aquatic resources within New Lots A and B, additional impacts to these resources are
reasonably foreseeable absent justification to the contrary. Impacts to these resources would be considered
cumulative with impacts for all phases of the single and complete project with respect to Nationwide Permit
(NWP) thresholds. As such, please provide additional information to justify that all reasonably foreseeable
impacts associated with full buildout of this single and complete project would not cumulatively exceed NWP
thresholds. Otherwise the project would require evaluation as an Individual (i.e. Standard) Permit.
5) The PJD issued 8/13/2020, shows Stream SC extending from the property to the north. However, the proposed
design shows this stream channel originating approximately 50 feet south of the northern property line. Please
clarify this discrepancy. Further, this area of discrepancy between the PJD and the plans is proposed for grading.
Impacts to this feature must be avoided or proposed and justified accordingly per NWP General Conditions 23.a
and b.
6) Lunar Walk Drive and Giant Leap Drive extend to the west and north property lines, respectively, and appear to
be "aimed" directly at the off -site portion of Stream SC (see item 5 above) to the north and likely wetlands
and/or streams to the west. Are there plans to extend these roads in the future? If so, additional information
about their conceptual route is required to ensure that these road locations avoid and minimize future
anticipated impacts to the maximum extent practicable.
7) Based on proposed fill and grading, the project would eliminate the drainage area/hydrology source for the
majority of Stream SD downgradient of SCM #1 and associated fill:
a. Please provide justification that hydrologic input will be maintained to this feature. Common designs
include routing approximately equivalent surface water/runoff area to this location, altering locations of
stormwater outlets, usage of French drains and under -drains where appropriate, etc. Please also update
applicable plansheets to clearly show such measures/details;
b. If maintenance of stream hydrology is unable to be justified as appropriate, the Corps would consider
this area as a reasonably foreseeable indirect impact (see NWP General Conditions "District Engineers
Decision") resulting from a loss of hydrology. In such cases compensatory mitigation may be required for
indirect impacts resulting in a loss of hydrology and therefore aquatic function; compensatory mitigation
is typically required at a 1:1 ratio for such indirect impacts (although may be situationally up to 2:1),
depending largely on aquatic function (e.g. NCSAM);
c. A monitoring plan (typically including groundwater monitoring wells and visual observations for a period
of 5 years post -construction) to document maintenance of stream hydrology may also be proposed for
Corps evaluation and approval; such monitoring plans would also include a contingency plan, typically

including compensatory mitigation, in the event that monitoring does not indicate maintenance of pre -
project stream flow.
8) The SOA provided in your submittal by Wildlands Engineering is for credits available in the Neuse River
watershed (HUC 03020201), whereas the proposed impacts for this project occur in the Cape Fear River
watershed (HUC 03030002). Please provide an SOA for mitigation bank credits (or NCDMS credits if mitigation
banks are unavailable) in the correct HUC.
9) It appears that an Individual 401 Water Quality Certification (WQC) is required from the North Carolina Division
of Water Resources (NCDWR) for this project. Per the 2020 CWA Section 401 Rule, the PCN must contain the 9
elements listed in Section 121.5(b) of the Rule. According to the 9/16/2022, Programmatic Agreement (PA)
between the USACE, Wilmington District, and the NCDWR, the Reasonable Period of Time (RPOT) for NCDWR to
act on a Section 401 certification request is 120 days after receipt of a certification request containing the 9
required elements. However, it appears that items 3, 8, and 9 of the 9 elements are not met; as such, NCDWR's
RPOT has not started yet. Please note that the Corps cannot verify the use of any NWP without a valid 401 WQC.
10) Please note that responses to the questions above may prompt additional information requests to allow full
evaluation of the proposed project.
Please let me know if you have any questions.
Sincerely,
Dave Bailey
David E. Bailey, PWS
Regulatory Project Manager
US Army Corps of Engineers
CE-SAW-RG-R
3331 Heritage Trade Drive, Suite 105
Wake Forest, North Carolina 27587
Mobile: [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/
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From: RaleighNCREG <[e-mail]>
Sent: Thursday, January 12, 2023 11:25 AM
To: AJ Varick <[e-mail]>
Cc: Bailey, David E CIV USARMY CESAW (USA)<[e-mail]>
Subject: SAW-2019-02355 (Apollo site/McCrimmon Parkway/Cary/Wake County)
Good Morning,
Your Modification (NWP 29&43) request has been received and forwarded to Dave Bailey for further processing.
Thank you,
Josephine Schaffer

From: [e-mail] <[e-mail]>
Sent: Thursday, January 12, 2023 9:58 AM
To: RaleighNCREG <[e-mail]>
Cc: SAW-PCN-RG <[e-mail]>
Subject: [Non-DoD Source] More Information Received - Non -DOT - Wake
Modification/New Project with Existing ID has been received on 1/12/2023 9:56 AM for Apollo 55. The link below will
take you to the project folder.
https://edocs.deg.nc.gov/Laserfiche/index.aspx?db=WaterResources#id=546066;view=browse
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