20221496 Ver 3_More Info Requested_20240319 (4)

Baker, Caroline D
From: Homewood, Sue
Sent: Tuesday, March 19, 2024 11:36 AM
To: David Rabon; Jennifer Robertson
Cc: Capito, Rachel A CIV USARMY CESAW (USA)
Subject: RE: [External] Response to comments/add info for Apex Gateway SAW-2023-00049
Hi Jennifer & David,
I reviewed the information you submitted as a partial response to my request for additional information. I had
suggested that you submit a draft/partial response to facilitate DWR's review while waiting on the approved AJD from
the USACE in the hopes that this would improve the review timeline once the AJD was provided. I had some follow up
comments/issues on some of the RAI items. The numbers below follow the RAI Comment numbers listed in your
preliminary/partial response:
RAI #3: Thank you for the DWR stream forms documenting intermittent streams. Upon further review, I have questions
about CH100. The IP application resource table identifies CH100 as 1428 LF of intermittent stream, however the
resource maps show that CH100 transitions from intermittent to perennial as shown below. As previously requested,
can you please provide DWR stream forms for each section independently, and if possible, provide photo
documentation within this area of CH100. If the maps are accurate, please update the resource table and impact tables
previously submitted with the application. If you believe the maps are incorrect then DWR would like to conduct a site
visit for CH100.

Note. Stream length and area
includes culvert
Resource Sketch
l Ahuflmg Wofland
`1 WL 1600. - 0.9Ga Ac
1 �
Isolated W©tland
W L 10DO: - O.DB8 Ac
Patennial RPW
G►1 100 Per - 926 LF 0143 Ac
Legend
N" RPw
0 Review Area EPH 100. 69 LF.0,001 Ac
a Streets
0 Chatham Co. Parcels
Delineation
Ephemeral
Intermittent
M Perennial
Wetlarld Adocom Wetland
= culvert
wL 1100: 0.099 Ac
Pro)ed Name: NC Highway 751
J towtion: 301 NC Highway 751 Apex, NC 27523
IRONMENTAL For: Beacon Partners Attn: Ms. Maggie Houston
Figure: Coordinates: 35.74442,-78,95617 Date: May 26, 207.2
225 300 FL

Aquatic Resource Sketch Ma
Abutting WBtl�nd
WL 1200: - 0.388 Ac
Intermrttem RP1N
CH 2O0 - 573 LF. 0.o15 Ac
Legend
O Review Area
o Streets
0 Chatham Co_ Parcels
Delineation
Ephemeral
Intermittent
Perennial
Wetland
= culvert
Pro)ed Name: NC Highway 751
T Q S Location: 301 NC Highway 751 APK NC 27523
_"4%IRONMFN7AL For: Beacon Partners Attn: Ms, Maygie Houston
Figure: coordinates: 35.74442,-78.95617 Date: May 26, 2022
50 100 150 200 Ft.
RAI #4: It was unclear from your response that you are acknowledging that any confirmed non -jurisdictional
intermittent or perennial streams (isolated streams) will require authorization from DWR for proposed impacts.
RAI#6: I understand the response to RAI#5 regarding layout of buildings, parking, internal roads etc, however the
Division does not agree that SCMs cannot be redesigned to provide additional avoidance and minimization based on the
response to RAI#5. Based on the response I'm not sure that the original comments was clear, I apologize for that. The
areas circled in blue in the snapshot below appear to be impacts that are a result of SCMs. These are not
insignificant. In order to document avoidance and minimization specific to SCM design, you must show that alternative
SCM types, locations and designs were considered. For example, often wet detention basins can be replaced with
multiple bioretention cells or sand filter systems located on either side of a jurisdictional feature, or within parking
areas. Is there any opportunity to incorporate Disconnected Impervious Surfaces to decrease the required footprint of
the SCMs? The NC Stormwater Design Manual provides for many different potential methods of stormwater
treatment. When a project proposes a significant amount of impacts resulting from SCM design/location, as this project
does, a thorough evaluation of alternative Stormwater management plans must be provided to show avoidance and
minimization to the maximum extent possible. SCM location, type, and design are expected to have more flexibility than
building alignments/shapes, parking needs, road infrastructure etc.

RAI#7. The response states that a new SCM will be placed above the upper reach of CH100 and CH400 and WL 1400 to
ensure hydrology is fed to these features. I see on the plan sheets where an SCM outlet drains to the top of CH100 but I
do not see any SCM feeding the remaining portion of CH400.
RAI#9: It is DWR's understanding that the 2008 Final Rule on Compensatory Mitigation supersedes the Memorandum
referenced in your response, but we recognize that this is within the USACE authority with regards to their mitigation
requirements. In order to ensure that DWR regulations are satisfied with regards to mitigation, it would be extremely
helpful to clearly document the DWR mitigation requirements separate from the USACE requirements so that we may
determine whether the proposed preservation will be relevant to DWR. To that end, would you please itemize all
perennial stream impact amounts in linear feet and all wetland impacts in acreage. As you know, DWR requires
mitigation for perennial stream impacts equal to or greater than 300 linear feet and for wetland impacts equal to or
greater than 0.10 acres. Please provide a clear accounting of the proposed mitigation strategy for DWR requirement
mitigation amounts: what type and amounts of mitigation will be provided via in-leiu fee, mitigation bank, and PRIM
Preservation. If DWR required mitigation amounts are proposed to be provided in whole or partially by on site PRIM,
then further evaluation of this strategy will be necessary by DWR.
Thanks,
Sue Homewood (she/her/hers)
401 & Buffer Permitting Branch
Division of Water Resources
[e-mail] please note my new email address
336 813 1863 mobile
919-707-3679 office
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.
From: David Rabon <drabon @atlasenvi.com>
Sent: Tuesday, February 20, 2024 4:58 PM
To: Homewood, Sue <[e-mail]>; Capito, Rachel A CIV USARMY CESAW (USA)
<[e-mail]>
Cc: Jennifer Robertson <[e-mail]>
Subject: [External] Response to comments/add info for Apex Gateway SAW-2023-00049
CAUTION: External email. Do not click links or open attachments unless verified. Report suspicious emails with the Report Message
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Sue
Per your conversation with Jennifer, see the link below for our responses to comments received and
the add info request for the Apex Gateway project SAW-2023-00049. We prepared the response to
all comments received in November 2023. We have provided a response to all comments even
though we understand that some of these may change or be irrelevant based on decisions by USACE
and EPA.
Rachel:
We are providing these comments to Sue so that she can review relevant information based on
DEQ's comments and request for info. We understand that you are still working on the AJDs and are

not submitting this to imply we are moving forward with an IP. We just want to be responsive and
provide information in a timely manner so as not create additional delays in the review process.
Here is the link to our comments.
https://www.d ropbox.com/scl/fi/7sh2vi 103ftuzmglo72x0/Apex-Gateway-I P- Res Pon se- 1.0-SAW-2023-
00049-Package-20240220-COM PRESSED. pdf?rlkev=csgoz225009wkbi 1 z8pixdwe6&d I=0
Please let me know if I need to submit in a different way.
Thank you,
David
David Rabon, Ph.D.
Senior Environmental Specialist
ATLAS Environmental, Inc.
338 S. Sharon Amity Road #411
Charlotte, NC 28211
[phone] office
[phone] mobile
www.atlasenvi.com
Offices in Asheville and Charlotte
ONMENTAL