HomeMy WebLinkAboutUSACE Permit Condition #4 Update - Tricolored Bat EmailFrom:
Bailey, David E CIV USARMY CESAW (USA)
To:
Ward Marotti; Stephen Dorn
Cc:
Charlie.YoklevCallennar.com; Thomas, Zachary T; Williams. Kelly; Capito. Rachel A CIV USARMY CESAW (USA);
Isenhour, Kimberly T CIV USARMY CESAW (USA); Haywood, Casey M CIV USARMY CESAW (USA)
Subject:
[External] RE: Nationwide Permits 29 and 18 verification: SAW-2019-02355 (Apollo 55 site / Lennar / NC
Highway 55 / Cary / Wake County / residential)
Date:
Friday, September 1, 2023 4:01:44 PM
Attachments:
imaae001.pna
imaae002.pna
imaae003.pna
imaae004.pna
imaae005.pna
imaae006.pna
imaae007.pna
imaae008.pna
imaae009.pna
imaae010.Dna
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The following condition hereby replaces Species Condition 4 from the Nationwide Permit 29 and 18
verification dated 8/16/2023, for the above referenced project:
4. Suitable habitat for tricolored bat (Perimyotis subflavus) may be present at the site. On
September 14, 2022, the USFWS published a proposal in the Federal Register to list the
tricolored bat as endangered under the Endangered Species Act (ESA). The permittee
understands and agrees that all work associated with the clearing and removal of trees and
removal or modification of culverts must be completed prior to the effective date of the final
listing of this species in the Federal Register. Work associated with the aforementioned
activities not completed by that time must cease and the permittee must contact Rachel
Capito of the Corps at (919) 440-1823 or Rachel.A.Capito(Musace.army.mil to determine if
additional coordination with the United States Fish and Wildlife Service is required under
Section 7 of the Endangered Species Act prior to continuing work.
Please retain a copy of this email for your records, as hard copies will not be distributed. 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: (919) 817-2436
Email: David. E.Bailey2Pusace.army.mil
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-
s u rve
Thank you for taking the time to visit this site and complete the survey.
From: Ward Marotti <ward@spanglerenvironmental.com>
Sent: Thursday, August 31, 2023 1:43 PM
To: Bailey, David E CIV USARMY CESAW (USA) <David.E.Bailey2@usace.army.mil>; Stephen Dorn
<stephen.dorn@lennar.com>
Cc: Charlie.Yokley@lennar.com;Thomas, Zachary T <zachary.thomas@deq.nc.gov>; Williams, Kelly
<kelly.williams@deq.nc.gov>; Capito, Rachel A CIV USARMY CESAW (USA)
<Rachel.A.Capito@usace.army.mil>; Isenhour, Kimberly T CIV USARMY CESAW (USA)
<Kimberly.T.Isenhour@usace.army.mil>; Haywood, Casey M CIV USARMY CESAW (USA)
<Casey.M.Haywood @usace.army.mil>
Subject: [Non-DoD Source] RE: Nationwide Permits 29 and 18 verification: SAW-2019-02355 (Apollo
55 site / Lennar / NC Highway 55 / Cary / Wake County / residential)
Dave, per the attached statement re: the tri-colored bat from Rachel, please update Condition #4 in
the executed permit document, also attached for your convenience.
Thanks!
Ward Marotti
Director - Land & Water Resources
Raleigh • Charlotte • Charleston • Tampa
❑ 866-772-6453
❑ 980-308-9888
❑ spanglerenvironmental.com
❑ wardQspanaIerenvironmental.corn
❑ 525 N. Tryon St. Suite 1600 Charlotte, NC 28202
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)
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From: Bailey, David E CIV USARMY CESAW (USA) <David.E.Bailey2(@usace.army.mil>
Sent: Wednesday, August 16, 2023 8:37 AM
To: Stephen Dorn <stephen.dornPlennar.com>; Ward Marotti
<ward (cDspanglerenvironmental.com>
Cc: Charlie.Yokleyna lennar.com; Thomas, Zachary T <zachary.thomas(@deq.nc.gov>; Williams, Kelly
<kelly.williams(@deq.nc.gov>; Capito, Rachel A CIV USARMY CESAW (USA)
<Rachel.A.Capito(@usace.army.mil>; Isenhour, Kimberly T CIV USARMY CESAW (USA)
<Kimberly.T.Isenhour(@usace.army.mil>; Haywood, Casey M CIV USARMY CESAW (USA)
<Casey.M.Haywood (@usace.army.mil>
Subject: Nationwide Permits 29 and 18 verification: SAW-2019-02355 (Apollo 55 site / Lennar / NC
Highway 55 / Cary / Wake County / residential)
0
Please see the attached Nationwide Permits 29 and 18 verification, including Special Conditions and
terms and conditions, for the above referenced project. Importantly, this verification includes a
monitoring (Special Condition 2) and Compensatory Mitigation (Special Condition 1) requirement.
Note that hard copies of the attached documents will not be distributed unless specifically
requested. 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: (919) 817-2436
Email: David. E.Bailey2Pusace.army.mil
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-
s u rve
Thank you for taking the time to visit this site and complete the survey.
From: Ward Marotti <wardna spanglerenvironmental.com>
Sent: Tuesday, August 1, 2023 5:38 PM
To: Bailey, David E CIV USARMY CESAW (USA) <David.E.Bailey2(@usace.army.mil>
Cc: Charlie.Yokley(@lennar.com; Stephen Dorn <stephen.dorn(@lennar.com>; Thomas, Zachary T
<zachary.thomas(@cleq.nc.gov>
Subject: [URL Verdict: Neutral][Non -Do D Source] RE: [External] RE: SAW-2019-02355 (Apollo 55 site
/ Lennar / NC Highway 55 / Cary / Wake County / residential)
Dave:
Attached please find an updated SOA from DMS for all mitigation credits detailed below. I reached
out to Wildlands (original provider of stream credits) and they advised that they now have none
available in the CF 02 HUC. As a result, all credits will now be purchased from DMS, per attached,
dated today.
Please advise if you need anything else, or if we have addressed all questions/issues and can expect
formal approval in the near future.
Thanks for keeping this project at the top of your deep pile!
Ward Marotti
Director - Land & Water Resources
Raleigh • Charlotte • Charleston • Tampa
❑ 866-772-6453
❑ 980-308-9888
❑ spanglerenvironmental.com
❑ wardQspanglerenvironmental. corn
❑ 525 N. Tryon St. Suite 1600 Charlotte, NC 28202
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) <David.E.Bailey2(@usace.army.mil>
Sent: Monday, July 31, 2023 1:57 PM
To: Ward Marotti <wardna spanglerenvironmental.com>
Cc: Charlie.Yokley(cDlennar.com; Stephen Dorn <stephen.dorn(@lennar.com>; Thomas, Zachary T
<zachary.thomasPdeq.nc.gov>
Subject: RE: [External] RE: SAW-2019-02355 (Apollo 55 site / Lennar/ NC Highway 55 / Cary / Wake
County/ residential)
Hi Ward. I reviewed the updated PCN/plans for this project and all looks promising. One thing I
noticed that requires clarification is the proposed compensatory mitigation plan. The SOAs included
in the PCN package (Wildlands from 1/23/2023, NCDMS from 2/20/2023) are older than the SOA
from NCDMS (4/21/2023) included with your 4/24/2023 submittal. It would be simplest if you could
respond to this email specifying who would supply the riparian non-riverine wetland credits (0.3384
acre at 2:1 = 0.677 credits) and warm water stream credits (395 If at 2:1 + 15 If at 1:1 = 805 credits)
for this project, and also attach the most up to date SOA(s). Thanks, and 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: (919) 817-2436
Email: David. E.Bailey2Rusace.army.mil
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-
s u rve
Thank you for taking the time to visit this site and complete the survey.
From: Ward Marotti <wardna spanglerenvironmental.com>
Sent: Tuesday, July 25, 2023 2:19 PM
To: Thomas, Zachary T <zachary.thomasna deq.nc.gov>; Bailey, David E CIV USARMY CESAW (USA)
<David.E.Bailey2(@usace.army.mil>
Cc: Charlie.Yokleyna lennar.com; Stephen Dorn <stephen.dornna lennar.com>
Subject: [URL Verdict: Neutral][Non-DoD Source] RE: [External] RE: SAW-2019-02355 (Apollo 55 site
/ Lennar / NC Highway 55 / Cary / Wake County / residential)
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!
Ward Marotti
Director - Land & Water Resources
Raleigh • Charlotte • Charleston • Tampa
[1 866-772-6453
❑ 980-308-9888
❑ spanglerenvironmental.com
❑ ward(Qspanglerenvironmental.corn
❑ 525 N. Tryon St. Suite 1600 Charlotte, NC 28202
FO-1 ❑® I ❑®
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 <zachary.thomasna deq. nc.gov>
Sent: Tuesday, July 25, 2023 11:11 AM
To: Bailey, David E CIV USARMYCESAW (USA) <David.E.Bailey2(@usace.army.mil>; Ward Marotti
<ward(@spanglerenvironmental.com>
Cc: Charlie.Yokle) n( lennar.com; Stephen Dorn <stephen.dornna lennar.com>
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: (919) 791-4255
zachary.thomasRdeq.nc..Qov "Please note my new email address"
Raleigh Regional Office
1628 Mail Service Center
Raleigh, NC 27699-1628
DEC_EmailLogo
0
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)<David.E.Bailey2(@usace.army.mil>
Sent: Tuesday, July 25, 2023 11:02 AM
To: Ward Marotti <wardna spa nglerenvironmental.com>; Thomas, Zachary
<zachary.thomasna deq.nc.gov>
Cc: Charlie.Yokleyna lennar.com; Stephen Dorn <stephen.dornna lennar.com>
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: (919) 817-2436
Email: David. E.Bailey2Rusace.army.mil
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-
s u rve
Thank you for taking the time to visit this site and complete the survey.
From: Ward Marotti <wardna spanglerenvironmental.com>
Sent: Friday, July 21, 2023 9:40 AM
To: Thomas, Zachary T <zachary.thomas@deq. nc.gov>
Cc: Charlie.Yokle) nlennar.com; Stephen Dorn <stephen.dornna lennar.com>; Bailey, David E CIV
USARMY CESAW (USA)<David.E.Bailey2Pusace.army.mil>
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.d ro pbox.com/scl/fi/a h 15 nd r2zte nOnO2wkrso/Apol to-55-PCN-2nd 2023-07-19. pdf?
rl key=vywx 1z219 kfgf3yta 6to75 m bx&d 1=0
https://www.dropbox.com/scl/fi/c5k3f3ovwde58rhsvcyas/Apollo-55-PCN-1st2O23-07-19.pdf?
rlkey=63tpbvnnie202suesvitugitc&d 1=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!
Ward Marotti
Director - Land & Water Resources
Raleigh • Charlotte • Charleston • Tampa
❑ 866-772-6453
❑ 980-308-9888
❑ spanglerenvironmental.com
❑ wardO—spanglerenvironmental. corn
❑ 525 N. Tryon St. Suite 1600 Charlotte, NC 28202
❑— ❑® ❑®
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 <zachary.thomasna deq.nc.gov>
Sent: Tuesday, July 18, 2023 9:37 AM
To: Ward Marotti <wardna spa nglerenvironmental.com>
Cc: Charlie.Yokleyna lennar.com; Stephen Dorn <stephen.dornna lennar.com>; Bailey, David E CIV
USARMY CESAW (USA)<David.E.Bailey2(@usace.army.miI>
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: (919) 791-4255
zachary.thomasna deq.nc.gov "Please note my new email address"
Raleigh Regional Office
1628 Mail Service Center
Raleigh, NC 27699-1628
DEC_EmailLogo
0
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)<David.E.Bailey2(@usace.army.mil>
Sent: Thursday, July 13, 2023 11:17 AM
To: Ward Marotti <wardna spanglerenvironmental.com>
Cc: Charlie.Yokleyna lennar.com; Stephen Dorn <stephen.dornna lennar.com>; Thomas, Zachary T
<zachary.thomasna deq.nc.gov>
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. I 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: (919) 817-2436
Email: David. E.Bailey2Pusace.army.mil
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-
s u rve
Thank you for taking the time to visit this site and complete the survey.
From: Ward Marotti <wardna spanglerenvironmental.com>
Sent: Monday, June 19, 2023 10:39 AM
To: Bailey, David E CIV USARMYCESAW (USA) <David.E.Bailey2(@usace.army.mil>
Cc: Charlie.Yokley(@lennar.com; Stephen Dorn <stephen.dorn(@lennar.com>; Thomas, Zachary T
<zachary.thomas(@ncdenr.gov>
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!
Ward Marotti
Director - Land & Water Resources
Raleigh • Charlotte • Charleston • Tampa
[1 866-772-6453
❑ 980-308-9888
❑ spanglerenvironmental.com
❑ ward(Qspanglerenvironmental.corn
❑ 525 N. Tryon St. Suite 1600 Charlotte, NC 28202
FO-1 ❑® I ❑®
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)<David.E.Bailey2(@usace.army.mil>
Sent: Thursday, May 25, 2023 1:58 PM
To: Ward Marotti <wardna spanglerenvironmental.com>
Cc: Charlie.Yokle) nlennar.com; Stephen Dorn <stephen.dornna lennar.com>; Thomas, Zachary T
<zachary.thomasna ncdenr.gov>
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.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 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) forth is 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: (919) 817-2436
Email: David. E.Bailey2Pusace.army.mil
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-
s u rve
Thank you for taking the time to visit this site and complete the survey.
From: Ward Marotti <wardna spanglerenvironmental.com>
Sent: Monday, April 24, 2023 2:59 PM
To: Bailey, David E CIV USARMY CESAW (USA) <David.E.Bailey2(@usace.army.mil>; Thomas, Zachary
T <zachary.thomasna ncdenr.gov>
Cc: Charlie.Yokleyna lennar.com; Stephen Dorn <stephen.dornna lennar.com>
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.
n
Ward Marotti
Director - Land & Water Resources
Raleigh • Charlotte • Charleston • Tampa
LJ 866-772-6453
❑ 980-308-9888
❑ spanglerenvironmental.com
❑ wardQspanaIerenvironmental. corn
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