20231474 Ver 1_More Info Received_20240227

Baker, Caroline D
From:
Trone, Rick <[e-mail]>
Sent:
Tuesday, February 27, 2024 3:21 PM
To:
Myers, Joseph M; Hopper, Christopher D CIV USARMY CESAW (USA)
Cc:
Phillips, George L CIV USARMY CESAW (USA)
Subject:
RE: [External] RE: SAW-2020-02133 / Legacy Station / 3609 US Hwy 64 W / Goldberg
Companies / Apex / Wake County, NC - REQUEST FOR ADDITIONAL INFORMATION
Attachments:
EMAIL_ Online submittal for Legacy Station_2024-02-07.pdf, Cover Letter Legacy
Station_Modification.pdf, 2024-02-07_LegacyStreamlmpacts_Final.pdf, Legacy Station
- SOA 2-7-24.pdf
Importance:
High
CAUTION: External email. Do not click links or open attachments unless verified. Report suspicious emails with the Report Message
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After speaking with Joe and Zach it appears that the additional information I submitted through Laserfiche on
2/7/24 (see attached confirmation) went into the abyss never to be found. I am attaching the same information
here. Anything you all can do to expedite this now that we have lost a few weeks would be appreciated.
Let me know if you have any questions or need anything further.
Thanks,
-00 Rick Trone
OENVIRONMENTAL SCIENTIST III
t:919.469.3340 87919.538.8184
From: Trone, Rick
Cary, INC WITH ERSRAVEN EL.COM
Sent: Wednesday, February 7, 2024 10:39 AM
To: 'Myers, Joseph M' <[e-mail]>; 'Hopper, Christopher D CIV USARMY CESAW (USA)'
<[e-mail]>
Cc: 'Phillips, George L CIV USARMY CESAW (USA)' <[e-mail]>
Subject: RE: [External] RE: SAW-2020-02133 / Legacy Station / 3609 US Hwy 64 W / Goldberg Companies / Apex / Wake
County, NC - REQUEST FOR ADDITIONAL INFORMATION
Chris and Joe,
After a lot of work between WR and the Town of Apexthe redesigned crossings have been finalized with an overall
reduction in permanent impacts.
Permanent functional loss impacts are reduced by 181 linear feet, permanent no -functional loss impacts have
increased by 19 If, and permanent wetland impacts were reduced by 0.184 acres. After I get a revised mitigation
SOA letter, I will submit that alongwith these updated exhibits. As I mentioned before, issues with buffer
mitigation in this HUC forced a redesign of the crossings to reduce impacts.

Thanks,
-%0 Rick Trone
ENVIRONMENTAL SCIENTIST III
A y
t:919.469.3340 d:919.538.8184 Cary, INC WITH ERSRAVEN EL.COM
From: Trone, Rick
Sent: Friday, January 19, 2024 12:56 PM
To: Myers, Joseph M <joseph.myers@deg. nc.gov>; Hopper, Christopher D CIV USARMY CESAW (USA)
<[e-mail]>; Goss, Stephanie <stephanie.goss@deg. nc.gov>
Cc: Phillips, George L CIV USARMY CESAW (USA) <George.L.PhiIli [e-mail]>
Subject: RE: [External] RE: SAW-2020-02133 / Legacy Station / 3609 US Hwy 64 W / Goldberg Companies / Apex / Wake
County, NC - REQUEST FOR ADDITIONAL INFORMATION
Hey Joe,
Thanks for following up.
The road crossings are in the process of being modified and the impacts are likely to change significantly where we
will need to submit new impact maps to you. My latest understanding is that this will all be finalized next week
sometime. WR is workingwith the Town to get these crossings finalized. I hope to send alongthe revised impacts
within the next week or two.
Thanks,
%0 Rick Trone
NoENVIRONMENTAL SCIENTIST III 8011000
t:919.469.3340 d:919.538.8184 Cary, INC WITH ERSRAVEN EL.COM
From: Myers, Joseph M <joseph.myers@deg. nc.gov>
Sent: Friday, January 19, 2024 12:04 PM
To: Trone, Rick <[e-mail]>; Hopper, Christopher D CIV USARMY CESAW (USA)
<[e-mail]>; Goss, Stephanie <stephanie.goss@deg. nc.gov>
Cc: Phillips, George L CIV USARMY CESAW (USA) <George.L.PhiIli [e-mail]>
Subject: [EXTERNAL] RE: [External] RE: SAW-2020-02133 / Legacy Station / 3609 US Hwy 64 W / Goldberg Companies /
Apex / Wake County, NC - REQUEST FOR ADDITIONAL INFORMATION
CAUTION: This email originated from outside of WithersRavenel. Do not click links or open attachments unless you
recognize the sender and know the content is safe.
Hey Rick,
We're at the 30-day mark on this and I'll have to make a decision regarding how to best proceed sometime next week.
Have there been any updates with this project?
Thanks,
Joe Myers
Environmental Specialist II
North Carolina Department of Environmental Quality

Office: [phone] 1 Cell: [phone]
[e-mail]
z - ���E-
NOP I H C;AROLINA ��
kJ101i
Department of Environmental Quality
Email correspondence to and from this address is subject to the North
Carolina Public Records Law and may be disclosed to third parties.
From: Trone, Rick <[e-mail]>
Sent: Tuesday, December 19, 2023 1:14 PM
To: Myers, Joseph M <joseph.myers@deg. nc.gov>; Hopper, Christopher D CIV USARMY CESAW (USA)
<[e-mail]>; Goss, Stephanie <stephanie.goss@deg. nc.gov>; Thomas, Zachary T
<zachary.thomas@deg. nc.gov>
Cc: Phillips, George L CIV USARMY CESAW (USA) <George.L.PhiIli [e-mail]>
Subject: RE: [External] RE: SAW-2020-02133 / Legacy Station / 3609 US Hwy 64 W / Goldberg Companies / Apex / Wake
County, NC - REQUEST FOR ADDITIONAL INFORMATION
CAUTION: External email. Do not click links or open attachments unless verified. Report suspicious emails with the Report Message
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Thanks Joe.
I don't think it will take quite that long.
@Hopper, Christopher D CIV USARMY CESAW (USA) please go ahead with the administrative withdrawal on your
end.
WO Rick Trone
ENVIRONMENTAL SCIENTIST III
AWi � #
t:919.469.3340 d:919.538.8184 Cary, INC WITH ERSRAVEN EL.COM
From: Myers, Joseph M <joseph.myers@deg. nc.gov>
Sent: Tuesday, December 19, 2023 11:45 AM
To: Hopper, Christopher D CIV USARMY CESAW (USA) <[e-mail]>; Trone, Rick
<[e-mail]>; Goss, Stephanie <stephanie.goss@deg. nc.gov>; Thomas, Zachary T
<zachary.thomas@deg. nc.gov>
Cc: Phillips, George L CIV USARMY CESAW (USA) <George.L.PhiIli [e-mail]>
Subject: [EXTERNAL] RE: [External] RE: SAW-2020-02133 / Legacy Station / 3609 US Hwy 64 W / Goldberg Companies /
Apex / Wake County, NC - REQUEST FOR ADDITIONAL INFORMATION
CAUTION: This email originated from outside of WithersRavenel. Do not click links or open attachments unless you
recognize the sender and know the content is safe.
Hey Rick,

A new PCN will not be required. I will put this project on hold for 30 days and will reassess at the 30-day mark if the new
plans have not been finalized and submitted to our office. When you do have the redesigned plans completed, please
submit a new impact table and new impact maps so we have a complete application. Please see the link below to submit
the additional information.
Additional Information Submittal Form: https://edocs.deg.nc.gov/Forms/Supplemental-Information-Form
Let me know if you have any questions.
Thank you,
Joe Myers
Environmental Specialist II
North Carolina Department of Environmental Quality
Office: [phone] 1 Cell: [phone]
[e-mail]
oolor—all—DE
NOR I H (;AHOI INn �
Department of Environmental Quality
Email correspondence to and from this address is subject to the North
Carolina Public Records Law and may be disclosed to third parties.
From: Hopper, Christopher D CIV USARMY CESAW (USA) <[e-mail]>
Sent: Tuesday, December 19, 2023 11:11 AM
To: Trone, Rick <[e-mail]>; Goss, Stephanie <stephanie.goss@deg. nc.gov>; Myers, Joseph M
<joseph.myers@deg. nc.gov>; Thomas, Zachary T <zachary.thomas@deg. nc.gov>
Cc: Phillips, George L CIV USARMY CESAW (USA) <George.L.PhiIli [e-mail]>
Subject: [External] RE: SAW-2020-02133 / Legacy Station / 3609 US Hwy 64 W / Goldberg Companies / Apex / Wake
County, NC - REQUEST FOR ADDITIONAL INFORMATION
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.
Any new information would be received as a continuation of the existing project for the Corps. No new PCN would be
required for us.
Christopher. D. Hopper
TREC Team Lead / Wilmington District Liaison
US Army Corps of Engineers Savannah District
3331 Heritage Trade Drive, Suite 105
Wake Forest, NC 27587
[phone]

We would appreciate your feedback on how we are performing our duties. Our automated Customer Service Survey can
be accessed by copying and pasting the following link into your web browser:
https://re_ u�y.ops.usace.army.mil/customer-service-surveY1. Thank you for taking the time to visit this site and
complete the survey.
From: Trone, Rick <[e-mail]>
Sent: Tuesday, December 19, 2023 10:27 AM
To: Hopper, Christopher D CIV USARMY CESAW (USA) <[e-mail]>; Goss, Stephanie
<stephanie.goss@deg. nc.gov>; ioseph.myers@deg. nc.gov; Thomas, Zachary T <zachary.thomas@deg. nc.gov>
Cc: Phillips, George L CIV USARMY CESAW (USA) <George.L.PhiIli [e-mail]>
Subject: [Non-DoD Source] RE: SAW-2020-02133 / Legacy Station / 3609 US Hwy 64 W / Goldberg Companies / Apex /
Wake County, NC - REQUEST FOR ADDITIONAL INFORMATION
Chris,
Thanks for replying. I thinkthis is the best option, but I do have one question. Once we have revised site plans for
impacts, can these be submitted as additional information without the need to resubmit a new PCN?
@[e-mail] @Thomas, ZacharyT let me know if a similar approach can be done on your end for a
withdrawal. Will you require an all new PCN or can you go with the same approach as the USACE.
Thanks everyone for your patience while we navigate through this process.
%M Rick Trone �
ENVIRONMENTAL SCIENTIST III eo kirl'
t:919.469.3340 d!919.538.8184 Cary, INC WITH ERSRAVEN EL.COM
From: Hopper, Christopher D CIV USARMY CESAW (USA) <[e-mail]>
Sent: Tuesday, December 19, 2023 9:08 AM
To: Trone, Rick <[e-mail]>; Goss, Stephanie <stephanie.goss@deg. nc.gov>;
[e-mail]
Cc: Phillips, George L CIV USARMY CESAW (USA) <George.L.PhiIli [e-mail]>; Thomas, Zachary T
<zachary.thomas@deg. nc.gov>
Subject: [EXTERNAL] RE: SAW-2020-02133 / Legacy Station / 3609 US Hwy 64 W / Goldberg Companies / Apex / Wake
County, NC - REQUEST FOR ADDITIONAL INFORMATION
CAUTION: This email originated from outside of WithersRavenel. Do not click links or open attachments unless you
recognize the sender and know the content is safe.
Thanks for the update, Rick. If the impacts are going to change, any interaction I have with the Service may be moot.
What I'll do is put this on an administrative withdrawal. Otherwise, our clock keeps ticking and it doesn't take long for
HQ to ask why it's been sitting so long.
An Admin Withdrawal is only a way for us to stop the clock; you will not be required to re -submit an entirely new PCN.
We will continue to review and/or process your permit application upon receipt of any new information.
Sound fair?
Christopher. D. Hopper
TREC Team Lead / Wilmington District Liaison

US Army Corps of Engineers Savannah District
3331 Heritage Trade Drive, Suite 105
Wake Forest, NC 27587
[phone]
We would appreciate your feedback on how we are performing our duties. Our automated Customer Service Survey can
be accessed by copying and pasting the following link into your web browser:
https://regulatory.ops.usace.army.mil/customer-service-surveY1. Thank you for taking the time to visit this site and
complete the survey.
From: Trone, Rick <[e-mail]>
Sent: Monday, December 18, 2023 10:54 AM
To: Hopper, Christopher D CIV USARMY CESAW (USA) <[e-mail]>; Goss, Stephanie
<[e-mail]>
Cc: Phillips, George L CIV USARMY CESAW (USA) <[e-mail]>; Thomas, Zachary T
<[e-mail]>
Subject: [Non-DoD Source] RE: SAW-2020-02133 / Legacy Station / 3609 US Hwy 64 W / Goldberg Companies / Apex /
Wake County, NC - REQUEST FOR ADDITIONAL INFORMATION
Importance: High
Good morning, Chris,
Proposed impacts for this project also include riparian buffer impacts which require mitigation. Currently, buffer
mitigation projects are suspended in the watershed and no credits are available for purchase leaving the applicant
in a bind to meet the buffer mitigation requirements. In order to address this, WR is currently evaluating road
crossing redesign options to reduce or eliminate buffer impacts requiring mitigation.
Because most of your request is design related and due to the likelihood of the stream crossings having to be
redesigned, WR would like to respectfully request a 30-day extension to your request in order to have time to work
with the Town of Apex on the buffer mitigation and the crossing redesigns. A resubmittal of the project may also be
required but at this time I am trying to avoid that.
Please let me know if you have any questions/concerns. In the meantime, I can respond to item 10 in your request
unless you would rather wait.
Thanks,
%0 Rick Trone
NoENVIRONMENTAL SCIENTIST III
t:919.469.3340 d:919.538.8184
Cary, INC WITH ERSRAVEN EL.COM
From: Hopper, Christopher D CIV USARMY CESAW (USA) <[e-mail]>
Sent: Tuesday, November 21, 2023 9:52 AM
To: Trone, Rick <[e-mail]>; Goss, Stephanie <[e-mail]>
Cc: Phillips, George L CIV USARMY CESAW (USA) <[e-mail]>; Thomas, Zachary T
<[e-mail]>
Subject: [EXTERNAL] SAW-2020-02133 / Legacy Station / 3609 US Hwy 64 W / Goldberg Companies / Apex / Wake
County, NC - REQUEST FOR ADDITIONAL INFORMATION

CAUTION: This email originated from outside of WithersRavenel. Do not click links or open attachments unless you
recognize the sender and know the content is safe.
Good morning, Rick:
This email is in reference to the Pre -construction notification (PCN) for the proposed Legacy Station Project / Legacy
Apex 3609 US HWY 64 W (SAW-2020-02133), received on October 31, 2023.
The following information is required to complete our evaluation, confirm compliance with one or more General or
Regional Conditions, and/or complete consultation with another federal/state agency to verify the use of the
Nationwide Permit (NWP):
1) Were retaining walls or an alternative alignment considered for impact W-11? Please clarify what would become
of the proposed -isolated portion of wetland C. It does not appear that any provision for its connectivity is
proposed.
2) Please provide cross -sections for all culverts, including those proposed for wetland connectivity. Please note
that culvert burial is discouraged in wetlands due to the likelihood for scour / head -cutting that often results. If
burial is necessary, please incorporate measures to address these concerns.
3) Impact S-1 appears to make good use of headwalls to reduce impacts. Other crossings that may benefit from use
of a similar strategy include W-2, W-7, W-1, S-7, W-8, and W-5 and S-4.
4) Impact W-2 appears to be partially for construction of the crossing, but also for road fill. Please explain the need
for such extensive road fill north of this crossing. Would moving some parking spaces to the west side enable a
reduction in fill on the east?
5) Impact S-1 proposes the use of a 60-inch culvert (Calusa Ct) to pipe what is reported in the impact table as an
average one -foot -wide channel (1.17 ft wide based on exhibit calculation). This impact is also reported as 92.5 If
on exhibit, but 108 If in impact table. Please review for consistency and explain how this crossing would be
complaint with NWP 29 General Condition 9 and Regional Condition 9b.
6) Impact S-4 proposes the use of a 72-inch culvert (Transit Tr) to pipe what is reported in the impact table as an
average two -foot -wide channel (2.11 ft wide based on exhibit calculation). Please explain how this crossing
would be complaint with NWP 29 General Condition 9 and Regional Condition 9b.
7) Impact S-7 proposes the use of a 48-inch culvert (Bellerive PI) to pipe what is reported in the impact table as an
average one -foot -wide channel (0.59 ft wide based on exhibit calculation). Please explain how this crossing
would be complaint with NWP 29 General Condition 9 and Regional Condition 9b.
8) For requests 5-7 above, burial of a culvert 1-foot below bed may be excessive for a one -foot -wide channel. The
one -foot / 20 percent burial assumes an appropriately sized culvert is used; stream width is the ultimate basis
for these recommendations. The depth of mobile substrate for a feature this small is likely 2-3 inches.
Excavation deeper than this is likely to result in stream degradation both up- and down -gradient. If correctly
sized culverts cannot be used, please reduce the proposed burials to appropriate depths.
9) SCM 2 Wet Pond appears to be sited to collect stormwater from the majority of the area south of Stream 2. Its
outfall would be directed into a 0.7 acre pond that has a much smaller natural watershed. Please discuss the
integrity of the receiving pond's impounding structure, and whether the increased flow could result in future
failure and subsequent loss of downstream waters.
10) The T&E discussion concludes not likely to adversely affect for several species. To facilitate our consultation with
the Service and expedite concurrence with the Corps' affect determinations, please provide photos of the
streams on -site, particularly at and below proposed crossings. Any images of potentially suitable sumac habitat
would also be helpful. We agree with eagle and RCW assessments and require no additional information for
those species.

Please provide the requested information within 30 days, or your application will be administratively withdrawn. To
clarify, if the requested information is submitted after the 30-day timeframe, you will not be required to re -submit an
entirely new PCN (unless otherwise specified). We will continue to review and/or process your permit application upon
receipt of the requested information.
Please contact me with any questions or concerns.
Christopher. D. Hopper
TREC Team Lead / Wilmington District Liaison
US Army Corps of Engineers Savannah District
3331 Heritage Trade Drive, Suite 105
Wake Forest, NC 27587
[phone]
We would appreciate your feedback on how we are performing our duties. Our automated Customer Service Survey can
be accessed by copying and pasting the following link into your web browser:
https://re_ u�y.ops.usace.army.mil/customer-service-surveY1. Thank you for taking the time to visit this site and
complete the survey.
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.