20160217 Ver 1_Emails_20160308

Strickland, Bev
From:Bowers, Todd <[e-mail]>
Sent:Tuesday, March 08, 2016 9:42 AM
To:Lastinger, James C SAW; [e-mail]; Smith, Cherri L; Bryant, Shari L.;
Gledhill-earley, Renee; Higgins, Karen
Subject:RE: USACE Pre-Construction Notice with < 300 linear feet of impacts -- 10 Calendar
Day Suspense (UNCLASSIFIED)
James,

I have reviewed the subject PCN for the Meridian at Nichols Plaza project submitted by North View Partners, LLC in
Apex, NC. The project will destroy approximately 503 linear feet of presumed poor quality (no information other than
photos provided) intermittent channel in order to meet the project purpose; to construct a high-density residential
apartment complex. Since this is not a water dependent project, alternatives are presumed to exist that will allow the
applicant to achieve their project. However, the applicant has reasonably justified the impacts and met the conditions of
NWPs 12 and 29 with waiver conditions, including agency notification, met. No compensatory mitigation for either
impacts to waters of the US or riparian buffers are being offered by the applicant as either impact size or resource
condition do not warrant mitigation.

Upon review of the materials received I have concluded that issuance of a NWPs 12 and 29 are appropriate for this
project. Given the nature of the project and based on past experience, it is presumed that construction activities will
likely have detrimental effects on the receiving waters. I encourage the applicant to seriously consider a stringent
erosion and sediment control strategy, along with effective storm water management, in order to protect the adjacent
perennial stream and the lake immediately downstream. Failure to do so may result in unacceptable impacts to the
functions of the receiving waters, namely loss of habitat due to excessive sedimentation. I also highly recommend that
the Corps encourage the applicant to perform a preconstruction/baseline condition of the perennial stream adjacent to
the project in order to conclude that the proposed project (or the project immediately to the south) has not had an
adverse effect on the stream upon project completion. Performing the North Carolina Stream Assessment Method
before and after construction is rapid, inexpensive and can provide defensible evidence that the project did not have an
adverse effect on the adjacent stream.

Thank you for the opportunity to provide feedback and comments on the PCN for the Meridian at Nichols Plaza project
in Apex, NC.

Best Regards,
Todd Bowers

Todd Allen Bowers
Wetlands Regulatory Project Manager - NC Region 4 Water Protection Division US Environmental Protection Agency
61 Forsyth St. SW
Atlanta, GA 30303
404.562.9225 office
404.562.9343 fax
[e-mail]
www.epa.gov/region4/water/wetlands

"A thing is right if it tends to preserve the beauty, integrity and stability of the biotic community; it is wrong when it
tends otherwise."
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Aldo Leopold, "The Land Ethic," A Sand County Almanac

-----Original Message-----
From: Lastinger, James C SAW \[mailto:[e-mail]\]
Sent: Tuesday, March 08, 2016 8:24 AM
To: [e-mail]; Smith, Cherri L <[e-mail]>; Bowers, Todd <[e-mail]>;
[e-mail]; [e-mail]
Subject: USACE Pre-Construction Notice with < 300 linear feet of impacts -- 10 Calendar Day Suspense (UNCLASSIFIED)

CLASSIFICATION: UNCLASSIFIED

All:

The Wilmington District, Corps of Engineers (Corps) has received an application from North View Partners, LLC seeking
Department of the Army authorization to permanently place fill material in 503 linear feet of intermittent stream
channel, and temporarily place fill in 11 linear feet of perennial stream channel to facilitate the installation of a sewer
line, stormwater BMP, and lot fill for the construction of residential townhomes in Apex, Wake County, North Carolina.
Please see the attached project drawings and preconstruction notification for a more detailed depiction of the proposed
work.

AID: SAW-2015-02515

County: Wake

Project Location: X: -78.8271, Y: 35.7489

You are receiving this notification, as the U.S. Army Corps of Engineers (USACE) Nationwide Permit (NWP) general
condition number 31(d)(2) states that for NWP 29 activities that require pre-construction notification and will result in
the loss of greater than 300 linear feet of intermittent and ephemeral streambed, the district engineer will immediately
provide a copy of the complete PCN to the appropriate state and federal officials.

Attached is the PCN and plans for the project known as Meridian at Nichols Plaza.

Based on our assessment of this stream at the proposed impact sites, the loss of greater than 300 linear feet will result
in a minimal adverse effect. Impacts to stream 1 account for 503 linear feet of the 514 linear feet of impacts. The
regulations state that the agencies will have 10 calendar days from the day that the material is transmitted to telephone
or fax the district engineer notice that they intend to provide substantive, site specific comments. These comments must
explain why the agency believes the adverse effects will be more than minimal.

If you have any comments, please provide them to me.

Thank you.

James Lastinger
Regulatory Specialist
Raleigh Regulatory Field Office
US Army Corps of Engineers, Wilmington District
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ADDRESS: 3331 Heritage Trade Drive, Suite 105 Wake Forest, NC 27587
Tel: [phone], x32
Fax: [phone]
Regulatory Homepage: http://www.saw.usace.army.mil/WETLANDS
The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we
continue to do so, please complete the Customer Satisfaction Survey located at
http://corpsmapu.usace.army.mil/cm_apex/f?p=136:4:0

CLASSIFICATION: UNCLASSIFIED
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