20201964 Ver 4_More Info Received_20230413

Baker, Caroline D
From: Ward Marotti <ward @spanglerenvironmental.com >
Sent: Thursday, April 13, 2023 9:05 AM
To: Thomas, Zachary T; [e-mail]; Al Varick; Stephen Dorn
Subject: RE: [External] RE: Request for Additional Information: SAW-2019-02355 (Apollo 55 site/ Lennar/ NC
Highway 55 / Cary / Wake County / residential)
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Report Spam.
Thanks for the quick responses.
I just sent a Teams invitation for 0930 on 19 April. Please advise if you do not receive it.
z
SPAN LER
ENVIRONKEWT11R., INC.
Ward Marotti
Director - Land & Water Resources
Raleigh • Charlotte • Charleston • Tampa
866-772-6453
fF� 980-308-9888
spanglerenvironmental. corn
0 ward(aDspanglerenvironmental. com
10 525 N. Tryon St, Suite 1600 Charlotte, NC 28202
Mon
Any email message sent by any employee of Spangler Environmental is intended only for the identified recipient. It (and any attachment) is strictly confidential
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From: Thomas, Zachary T <[e-mail]>
Sent: Thursday, April 13, 2023 8:49 AM
To: David. [e-mail]; Ward Marotti <[e-mail]>; AJ Varick
<[e-mail]>; Stephen Dorn <[e-mail]>
Subject: RE: [External] RE: Request for Additional Information: SAW-2019-02355 (Apollo 55 site / Lennar / NC Highway
55 / Cary / Wake County / residential)
Hello,
Those dates and times currently work for me as well.
Thank you,

Zach Thomas
Environmental Program Consultant, Division of Water Resources
North Carolina Department of Environmental Quality
Office: [phone]
[e-mail]
Raleigh Regional Office
1628 Mail Service Center
Raleigh, NC 27699-1628
Email correspondence to and from this address is subject to the North Carolina Public Records Law
and may be disclosed to third parties.
From: Bailey, David E CIV USARMY CESAW (USA)<[e-mail]>
Sent: Thursday, April 13, 2023 8:09 AM
To: Ward Marotti <ward@ spanglerenvironmental.com>; AJ Varick <[e-mail]>; Stephen Dorn
<[e-mail]>; Thomas, Zachary T <[e-mail]>
Subject: [External] RE: Request for Additional Information: SAW-2019-02355 (Apollo 55 site / Lennar / NC Highway 55 /
Cary / Wake County / residential)
CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to
Report Spam.
Hi Ward, sounds good. I'm available:
• Next week (April 17-21) on Wednesday (8-11am), Thursday (12-4pm), and Friday 9am-1pm), and
• The following week (April 24-28) on Monday (9:30am-3pm) and Thursday (12-4pm).
-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/
Thank you for taking the time to visit this site and complete the survey.
From: Ward Marotti <[e-mail]>
Sent: Wednesday, April 12, 2023 3:38 PM
To: Bailey, David E CIV USARMY CESAW (USA) <[e-mail]>; AJ Varick
<[e-mail]>; Stephen Dorn <[e-mail]>; Thomas, Zachary T
<[e-mail]>

Subject: [URL Verdict: Neutral][Non-DoD Source] RE: Request for Additional Information: SAW-2019-02355 (Apollo 55
site / Lennar / NC Highway 55 / Cary / Wake County / residential)
Thanks Dave. We are in the process of preparing written responses to your below questions/comments, but think that
having a brief call to discuss some components would be best for all.
Please advise your availability to participate in a Teams meeting and I will send an invitation to all.
Thanks!
z
SPANGLER
ENVIRONMENTAI, INC.
Ward Marotti
Director - Land & Water Resources
Raleigh • Charlotte • Charleston • Tampa
a 866-772-6453
90 980-308-9888
spanglerenvironmental.com
® ward(cDspanglerenvironmental. corn
19 525 N. Tryon St, Suite 1600 Charlotte, NC 28202
men
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: Tuesday, April 11, 2023 1:37 PM
To: AJ Varick <[e-mail]>; Stephen Dorn <[e-mail]>; Thomas, Zachary T
<[e-mail]>
Cc: Ward Marotti <[e-mail]>
Subject: Request for Additional Information: SAW-2019-02355 (Apollo 55 site / Lennar / NC Highway 55 / Cary / Wake
County / residential)
ME
Thank you for your additional information submitted for the above referenced project. I have reviewed the information
and need additional clarification before proceeding with verifying the use of Nationwide Permits (NWPs) 29 and 18
(https://saw-reg.usace.army.mil/NWP2021/NWP29.pdf; https://saw-reg.usace.army.mil/NWP2021/NWP-18.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 NWPs or consider your application withdrawn and close the file:

1) Thank you for your responses to items 1) a, c-e, 2), 5), and 7) of our request for additional information. These
items are resolved accordingly.
Other items as referenced in our earlier request require additional clarification per the below:
2) Items 1)b, 3), and 4): 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.
As such:
a. The Corps does not consider the proposal to be a single and complete project for the following reasons:
i. All five parcels are owned/controlled by the same owner;
ii. All five parcels were petitioned for annexation into the Town of Cary by the owner at the same
time in the same application;
iii. Development within all five parcels (including New Lots A and D) is made possible only by
infrastructure (roads, utilities, etc.) proposed by your submitted plan;
iv. Roadway networks on the provided plans show planned future interconnectivity between the
townhomes and proposed New Lots A and D;
b. The current proposal represents piecemealing, as future development in New Lots A and D is reasonably
foreseeable to result in additional proposed impacts to Wetland WA (e.g. apparent connection to
Wellness Drive to the north and any development in Lot D) and potentially Wetland WB, thereby
cumulatively exceeding NWP impact thresholds for the single and complete project;
c. Additional avoidance and minimization of wetland or stream impacts appears to be practicable as
required by NWP General Condition 23(a) given the available uplands in New Lot A that are not
encumbered by any proposed development in this area.
3) Impact #4 was not proposed previously and calls for a "micro plunge pool" in the stream channel below the fill
slope of SCM #1. Given that this footprint of stream channel is not proposed to be restored to previous grade
and contour, the Corps would consider this impact to be permanent rather than temporary. Further, the pattern
and profile of the impact footprint is proposed to be altered from its current state into essentially a scour hole,
and thus a reduction in stream function is reasonably foreseeable. The Corps would require compensatory
mitigation for this impact. Although 2:1 is the typical mitigation to impact ratio for permanent impacts, it may be
possible to justify a reduced mitigation ratio (-1:1) in this footprint if retention of partial aquatic function can be
supported. In addition, please update the compensatory mitigation proposal accordingly.
4) The response to item 6) states, in part, "Attached are preliminary plan and profiles of each." However, these
referenced plans and profiles were not attached.
5) The response to item 8) included an updated SOA from Wildlands Engineering. However, as stated the SOA
would only "partially satisfy the stream and/or wetland mitigation requirements related to the above -
mentioned project." Specifically, the available riparian wetland credits only accounted for 0.04 of the total
0.8492 credits needed to satisfy the proposal. We cannot rely on a provider's future anticipated credit releases
to satisfy a compensatory mitigation proposal. Please provide a revised SOA that satisfies the entirety of the
mitigation proposal credit need, or provide an amended plan that accounts for additional credits to be provided
by another mitigation bank (or NCDMS credits if mitigation banks are unavailable) in HUC 03030002.
6) Please note that responses to the questions above may prompt additional information requests to allow full
evaluation of the proposed project.
It appears that an Individual 401 Water Quality Certification (WQC) is required from the North Carolina Division of Water
Resources (NCDWR) for this project. Please note that the Corps cannot verify the use of any NWP without a valid 401
WQC.
For NCDWR: Within 14 days, please notify me if the certification request does not contain the nine (9) components listed
in Section 121.5(b) of the 2020 Clean Water Act Section 401 Certification Rule; otherwise, we will consider our receipt
date (3/9/2023) as accurate. As specified in the 9/16/2022, Programmatic Agreement (PA) between the USACE and the
NCDWR, the reasonable period of time (RPOT) for DWR to act on a Section 401 certification request is 120 days unless

the RPOT is extended per the terms of this PA. As such, unless we receive an email request for an extension of the RPOT,
the USACE will consider the Section 401 certification for this project to be waived on 7/7/2023.
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://regulatorV.ops.usace.armV.mil/customer-service-survey/
Thank you for taking the time to visit this site and complete the survey.
From: Ward Marotti <[e-mail]>
Sent: Thursday, March 9, 2023 7:57 AM
To: Bailey, David E CIV USARMY CESAW (USA) <[e-mail]>; Thomas, Zachary T
<[e-mail]>
Cc: AJ Varick <[e-mail]>; [e-mail]
Subject: [URL Verdict: Neutral][Non-DoD Source] RE: Request for Additional Information: SAW-2019-02355 (Apollo 55
site / Lennar / NC Highway 55 / Cary / Wake County / residential)
Per below, the updated PCN is attached.
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SPANGLED
ENVIRONMENTAL, INS:.
Ward Marotti
Director - Land & Water Resources
Raleigh • Charlotte • Charleston • Tampa
IM 866-772-6453
980-308-9888
spanglerenvironmental.com
0 ward6a spanglerenvironmental. corn
525 N. Tryon St, Suite 1600 Charlotte, NC 28202
won

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
calling toll free 1-866-772-6453, then delete the email (and any attachment) from your system. Use of the email (or any attachment) by any person other than
the identified recipient is strictly prohibited.
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
Eim%rimcFjmmmTAi_ INC.
Ward Marotti
Director - Land & Water Resources
Raleigh • Charlotte • Charleston • Tampa
a 866-772-6453
L 980-308-9888
a spanglerenvironmental.com
E•.4 ward(cDspanglerenvironmental. corn
0 525 N. Tryon St, Suite 1600 Charlotte, NC 28202
linlGl f
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
calling toll free 1-866-772-6453, then delete the email (and any attachment) from your system. Use of the email (or any attachment) by any person other than
the identified recipient is strictly prohibited.
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)

0
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/
Thank you for taking the time to visit this site and complete the survey.

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
This email was automatically generated by Laserfiche workflow. Please do not respond to this email address, as
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