20201964 Ver 4_More Info Received_20230728

Baker, Caroline D
From: Thomas, Zachary T
Sent: Friday, July 28, 2023 3:33 PM
To: Ward Marotti; Bailey, David E CIV USARMY CESAW (USA)
Cc: [e-mail]; Stephen Dorn
Subject: RE: [External] RE: SAW-2019-02355 (Apollo 55 site / Lennar / NC Highway 55 / Cary / Wake County /
residential)
Hi Ward,
DWR is in receipt of your supplemental information form. I have reached out to central office to ensure that both
attachments have come through and will be filed into our records. I will let you know once they respond.
It is my understanding that the USACE will receive notification if you check that box on the PCN, but I would confirm with
Dave to make sure they were received.
Once reviewed, I will reach out with any questions that may arise.
Thank you,
Zach Thomas
Environmental Program Consultant, Division of Water Resources
North Carolina Department of Environmental Quality
Office: [phone]
[e-mail] "Please note my new email address"
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: Ward Marotti <[e-mail]>
Sent: Tuesday, July 25, 2023 2:19 PM
To: Thomas, Zachary T <[e-mail]>; Bailey, David E CIV USARMY CESAW (USA)
<David. [e-mail]>
Cc: [e-mail]; Stephen Dorn <[e-mail]>
Subject: RE: [External] RE: 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 verified. Report suspicious emails with the Report Message
button located on your Outlook menu bar on the Home tab.
Zach:
Per the attached confirmation, the updated PCN has been uploaded using Laserfiche, per your below instruction/link. As
shown in the attached, "Yes" is checked in the "Is this supplemental information that needs to be sent to the Corps?"

box. As a result, please confirm that David will receive these files (2). Please also confirm that you were able to access
them.
David:
Please advise/confirm when you receive these files from DENR/Laserfiche.
Thanks!
SPANGLER
E7r11 IRONMENTA1111- INC.
Ward Marotti
Director - Land & Water Resources
Raleigh • Charlotte • Charleston • Tampa
# 866-772-6453
L 980-308-9888
i) spanglerenvironmental.com
E4 ward6a spanglerenvironmental. corn
0 525 N. Tryon St, Suite 1600 Charlotte, NC 28202
in G 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: Thomas, Zachary T <[e-mail]>
Sent: Tuesday, July 25, 2023 11:11 AM
To: Bailey, David E CIV USARMY CESAW (USA) <[e-mail]>; Ward Marotti
<[e-mail]>
Cc: [e-mail]; Stephen Dorn <[e-mail]>
Subject: RE: [External] RE: SAW-2019-02355 (Apollo 55 site / Lennar / NC Highway 55 / Cary / Wake County / residential)
Hi Ward,
I am unable to access the dropbox as well. If they cannot be sent as PDFs via email, you can upload a copy of the
additional information via the supplemental information form, and it will be filed in Laserfiche. Please ensure that you
use the "more information response" button and use the existing DWR ID for it to be filed in the correct
folder. https://edocs.deg.nc.gov/Forms/Supplemental-Information-Form
If you have any questions, please let me know.
Thank you,
Zach Thomas
Environmental Program Consultant, Division of Water Resources

North Carolina Department of Environmental Quality
Office: [phone]
[e-mail] "Please note my new email address"
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: Tuesday, July 25, 2023 11:02 AM
To: Ward Marotti <ward@ spanglerenvironmental.com>; Thomas, Zachary T <[e-mail]>
Cc: [e-mail]; Stephen Dorn <[e-mail]>
Subject: RE: [External] RE: 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 verified. Report suspicious emails with the Report Message
button located on your Outlook menu bar on the Home tab.
Hi Ward. I tried on 3 browsers and apparently I can't access drop box links. I'll send you a DoD SAFE link where you can
send them to me for my review. Thanks.
-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: Friday, July 21, 2023 9:40 AM
To: Thomas, Zachary T <[e-mail]>
Cc: [e-mail]; Stephen Dorn <[e-mail]>; Bailey, David E CIV USARMY CESAW (USA)
<David. E. [e-mail]>
Subject: [URL Verdict: Neutral][Non-DoD Source] RE: [External] RE: SAW-2019-02355 (Apollo 55 site / Lennar / NC
Highway 55 / Cary / Wake County / residential)
Dave and Zach:
Please use the below links to download the PCN, which has been updated, per below. To facilitate download, the
document has been split into two pdfs.

https://www.dropbox.com/scl/fi/ah15ndr2ztenOn02wkrso/Apollo-55-PCN-2nd2023-07-
19. pdf?rl key=vywx1z2l9kfgf3yta6to75 m bx&d I=0
https://www.dropbox.com/scl/fi/c5k3f3ovwde58rhsvcyas/Apollo-55-PCN-1st2023-07-
19.pdf?rlkey=63tpbvnnie202suesvitugitc&dI=0
Please confirm your receipt of this email, as well as your successful download of the two pdfs.
Should you have any questions, please call.
Thanks!
z
SPANGLER
ENIVIROMMENTAI, INC.
Ward Marotti
Director - Land & Water Resources
Raleigh • Charlotte • Charleston • Tampa
IM 866-772-6453
980-308-9888
spanglerenvironmental.com
0 ward(cDspanglerenvironmental. corn
1@ 525 N. Tryon St, Suite 1600 Charlotte, NC 28202
®a©
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: Thomas, Zachary T <[e-mail]>
Sent: Tuesday, July 18, 2023 9:37 AM
To: Ward Marotti <ward@ spanglerenvironmental.com>
Cc: [e-mail]; Stephen Dorn <[e-mail]>; Bailey, David E CIV USARMY CESAW (USA)
<[e-mail]>
Subject: RE: [External] RE: SAW-2019-02355 (Apollo 55 site / Lennar / NC Highway 55 / Cary / Wake County / residential)
Hi Ward,
DWR concurs with Dave's comments below and will consider this application on hold until the amended items are
submitted for review.
If you have any questions, please let me know.
Thank you,
Zach Thomas

Environmental Program Consultant, Division of Water Resources
North Carolina Department of Environmental Quality
Office: [phone]
[e-mail] "Please note my new email address"
Raleigh Regional Office
1628 Mail Service Center
Raleigh, NC 27699-1628
_.E Q
�i'\Je
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, July 13, 2023 11:17 AM
To: Ward Marotti <ward@ spanglerenvironmental.com>
Cc: [e-mail]; Stephen Dorn <[e-mail]>; Thomas, Zachary T
<[e-mail]>
Subject: [External] RE: 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 verified. Report suspicious emails with the Report Message
button located on your Outlook menu bar on the Home tab.
Hi Ward. I appreciate your patience and accommodating my delay. I reviewed your responses and the revised design.
also spoke with the Town this morning. Based on your plan and my conversation with the Town, Lennar would not be
responsible for extending Wellness Drive as part of the Apollo 55 Lennar multi -family residential project. As such, the
Corps is amenable in concept to your proposed design as a single and complete project. Please amend the proposed
impact narrative, proposed plans, and compensatory mitigation plan accordingly. The proposed retaining wall is an
appreciated avoidance and minimization measure; however, please confirm with the Town that this feature is
acceptable per their requirements in order to avoid future Corps permitting requirements for small design changes.
When you submit the revised information, please ensure that other commitments related to direct and indirect impacts
are still included.
Please let me know if you have any questions.
-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: Monday, June 19, 2023 10:39 AM
To: Bailey, David E CIV USARMY CESAW (USA)<[e-mail]>
Cc: [e-mail]; Stephen Dorn <[e-mail]>; Thomas, Zachary T
<[e-mail]>
Subject: [URL Verdict: Neutral][Non-DoD Source] RE: SAW-2019-02355 (Apollo 55 site / Lennar / NC Highway 55 / Cary /
Wake County / residential)
Dave:
Per you below comments, please see below and attached. If these responses adequately address them, please advise. If
you would like further clarification and/or documentation, please advise a few dates/times that you are available and I'll
send a Teams invitation so that we can clearly understand/adequately address your outstanding questions/concerns.
Thanks!
z
SPANGLER
ENYIRONMENTAt_ INC.
Ward Marotti
Director - Land & Water Resources
Raleigh • Charlotte • Charleston • Tampa
866-772-6453
980-308-9888
spanglerenvironmental.com
0 ward6a spanglerenvironmental. corn
If 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
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, May 25, 2023 1:58 PM
To: Ward Marotti <ward@ spanglerenvironmental.com>
Cc: [e-mail]; Stephen Dorn <[e-mail]>; Thomas, Zachary T
<[e-mail]>
Subject: RE: SAW-2019-02355 (Apollo 55 site / Lennar / NC Highway 55 / Cary / Wake County / residential)
Hi Ward, and thank you for your time during our virtual meeting on 4/19/2023, as well as the responses to our most
recent request for additional information. 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.miI/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 3), 4), and 5) of our request for additional information. These items are
resolved accordingly.
2) We understand that the applicant only plans to purchase parcels A and a portion of parcel B (New Parcel 4) from
the current property owner. However, the plans provided still show Lot D (which is within the "Land to be
Purchased by Applicant") as "Reserved for Future Development" even though a portion of that area includes
Wetland WA. Given that the applicant plans to recombine lots to acquire ownership of this area, the plans
provided should indicate that no additional development will occur here; otherwise, the impacts proposed do
not appear to encompass the single and complete project due to reasonably foreseeable additional wetland
impacts in Lot D. Further, impacts to Wetland WA in Lot D in addition to those currently proposed are likely to
exceed the Nationwide Permit thresholds, thereby requiring evaluation as an Individual Permit.
The plans will be updated and state that the applicant will not have additional impacts, beyond those already/currently
proposed.
3) During our meeting on 4/19/2023, 1 requested you provide documentation from the Town of Cary confirming
that extensions of Wellness Drive from the north and/or Orbit Street from the west (to connect with future
Wellness Drive) would not be required as part of your proposed development. The purpose of such
documentation would be to justify that the Impacts currently proposed for the Lennar Carolinas Apollo 55
project constitute a single and complete project, and that any future wetland impacts that may result from
these future road extensions are independent from the Lennar Apollo 55 project and not "piecemealing" to
avoid the limits in an NWP authorization. The Town of Cary LDO you referenced includes only general
requirements for street connections, some of which include potential exceptions due to "physical site
constraints, such as topography, presence of stream buffers or other natural features", and does not specify the
extent of the infrastructure that the Town would require Lennar to construct. As such, this concern remains
unresolved.
As shown in the attached, the design has been updated to remove the Orbit St. stub and its associated wetland
impacts. Additionally, a retaining wall has been added to further reduce impacts associated with Collins Park Ln. Lennar
met with the Town of Cary last week re: Wellness Dr. They (the Town) is drafting a memo that will confirm that any
extension of Wellness Dr. will be a Town project, driven by their internal planning/community transportation
connectivity goals and not part of, nor dependent on, Lennar's Apollo project. We will provide you with the memo upon
receipt.
4) The eastern stub of Orbit Street:
a. As discussed during our meeting on 4/19/2023, as shown on the plans the current stub location pushes
the fill slope into Wetland WA farther than it would if no stub was designed, and this does not appear to
minimize impacts as required by NWP General Condition 23(a). Provide a revised plan sheet and impact
calculations removing any proposed fill associated with this stub.
As stated above and shown in the attached, not only have wetland impacts associated with the previously planned Orbit
St. stub been eliminated, but impacts resulting from Collins Park Ln. have been further reduced by the addition of a
retaining wall. If this approach is acceptable, please advise and updated impact maps will be provided.
b. Further, the location of the stub road facilitates future impacts to Wetland WA (reasonably foreseeable
secondary impacts), and further ties the proposed project to "New Lot A (Future Development)." As a
minimization measure both for direct and future cumulative impacts, would it be practicable to remove
this stub or redesign the interconnecting road location to avoid or minimize future impacts to potential
waters of the US?
5) Please note that responses to the questions above may prompt additional information requests to allow full
evaluation of the proposed project.
See above.
Note also that an Individual 401 Water Quality Certification (WQC) is required from the North Carolina Division of Water
Resources (NCDWR) for this project, and that the Corps cannot verify the use of any NWP without a valid 401 WQC.

Lastly, per the question in your email dated 5/19/2023, installation of monitoring devices in Stream SD may be done at
your discretion; however, this does not imply pending or future verification or issuance of any Corps authorization.
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: Monday, April 24, 2023 2:59 PM
To: Bailey, David E CIV USARMY CESAW (USA) <[e-mail]>; Thomas, Zachary T
<[e-mail]>
Cc: [e-mail]; Stephen Dorn <[e-mail]>
Subject: [URL Verdict: Neutral][Non-DoD Source] SAW-2019-02355 (Apollo 55 site / Lennar / NC Highway 55 / Cary /
Wake County / residential)
Dave and Zach:
Per our Teams meeting last Wednesday (19 April 2023), below please find our summary of the outstanding items we
discussed at the meeting's conclusion, as well as the additional information that we've assembled to address each:
1. Provide documentation to demonstrate that the "stubs" of Wellness Dr. and Orbit St. depicted in the site plans
are required by the Town of Cary and not included by the applicant (Lennar) in order to connect future project
phases.
Response: As shown in the attached excerpts, "The Town of Cary Land Development Ordinance (LDO)"
requires that new developments provide street connections to adjacent undeveloped properties.
§7.10.3(B) "...roadway interconnections shall be provided during the initial phase of any development
plan between the development site and ... each direction ... the subject property abuts."
2. Provide a statement re: Lennar's plan to purchase the proposed portion(s) of existing parcels from the current
owner, as well as a draft depicting the proposed recombination and a narrative describing the process and
relative timeline:
Response: Apollo USA, LLC currently owns the five parcels near the intersection of McCrimmon Parkway
and NC HWY 55 highlighted in yellow on the attachment titled EXHIBIT A " PARCELS CURRENLTY OWNED
BY APOLLO USA LLC." Lennar-Raleigh Division is purchasing two of these parcels. The parcels to be
purchased by Lennar- Raleigh Division are highlighted in yellow on the attachment titled "EXHIBIT B
PARCEL OWNERSHIP AFTER PURCHASE."

After approval of all necessary permits for construction have been issued by all applicable governmental
agencies, the two parcels highlighted in yellow will be recombined and developed for the Townes at
Apollo neighborhood. Apollo USA, LLC will retain ownership of the remaining three parcels.
3. Show Stream Impact # 4 (plunge pool) as a permanent impact, resulting from loss of function. Because it will
not be a complete loss, only 1:1 mitigation:impact ratio will be required (15 If). As a result of the additional
permanent impact, provide an updated Statement of Availability from an approved mitigation provider to
document the availability of sufficient stream mitigation credits to offset this additional permanent functional
loss.
Response: Updated project plans that depict/quantify the above -referenced increase in stream impact
are attached, as is an updated SOA, provided by NC DMS. Note: an updated SOA was requested from
the originally proposed stream mitigation provider (Wildlands), but they advised SEI that stream credits
were no longer available within the project's HUC. As a result, DMS will provide all mitigation credits
necessary (stream and wetland) to offset the project's impacts.
SPANGLER
ENVIRONMENTAL, INC.
Ward Marotti
Director - Land & Water Resources
Raleigh • Charlotte • Charleston • Tampa
866-772-6453
980-308-9888
spanglerenvironmental.com
0 ward(cDspanglerenvironmental. corn
If 525 N. Tryon St, Suite 1600 Charlotte, NC 28202
in I G I 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.
Email correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties by an authorized
state official.