20060447 Ver 3_Public Notice_20200225

US Army Corps
PUBLIC NOTICE
Of Engineers

Wilmington District

Issue Date: February 25, 2020

Comment Deadline: March 25, 2020
Corps Action ID Number: SAW-2006-20287

The Wilmington District, Corps of Engineers (Corps) received an application from Olde
Towne WEH, LP seeking Department of the Army authorization to discharge fill material
into wetlands and waters within the Hydrologic Unit Code (HUC) 03020201 (Neuse
River Basin), associated with the construction of the Old Towne residential subdivision
in Wake County, North Carolina.

Specific plans and location information are described below and shown on the attached
plans. This Public Notice and all attached plans are also available on the Wilmington
District Web Site at:
https://www.saw.usace.army.mil/Missions/Regulatory-Permit-Program/Public-Notices/

Applicant: Olde Towne WEH, LP
Attn: Eric Rifkin
56 Hunter Street
Apex, North Carolina, 27502

Agent: McAdams Company
Attn: Jennifer Burdette
2905 Meridian Parkway
Durham, North Carolina, 27713

Authority

The Corps evaluates this application and decides whether to issue, conditionally issue, or
deny the proposed work pursuant to applicable procedures of the following Statutory
Authorities:

Section 404 of the Clean Water Act (33 U.S.C. 1344)

Section 10 of the Rivers and Harbors Act of 1899 (33 U.S.C. 403)

Section 103 of the Marine Protection, Research and Sanctuaries Act of 1972
(33 U.S.C. 1413)

Location

Location Description: The proposed Olde Towne residential developments is
approximately 574 acres in size and is located in southeast Raleigh, Wake County, and is
bordered by Walnut Creek to the north, South New Hope Road to the west, Rock Quarry
Road to the southwest, and residential properties along Holiday Drive and Barwell Road
to the east and southeast.

Project Area (acres): 574 Nearest Town: Raleigh
Nearest Waterway: Walnut Creek River Basin: Neuse
Latitude and Longitude: 35.7433N, -78.5540W

Existing Site Conditions

The project site was partially developed for a planned residential golf community;
however, the project was abandoned after 2008 before any structures or roads were
constructed. Alterations to the site that remain include areas graded for lots and roads,
installed and uninstalled sewer and stormwater pipes, stormwater control facilities, tree
protection fencing, sediment and erosion control fencing, and two 48-inch bottomless
arch culverts for golf cart crossings.

The previously disturbed areas across the site now primarily consist of early successional
herbaceous vegetation mixed with stands of young loblolly pines (Pinus taeda). A power
transmission line runs generally along South New Hope Road north-south across the
project site. The northern project area contains a forested floodplain along Walnut Creek.
The undisturbed areas in the northeast portion of the project area are forested with mature
hardwoods. Uplands are vegetated by white oak (Quercus alba), southern red oak
(Quercus falcata), hickory (Carya), American beech (Fagus grandiflora), sweet gum
(Liquidambar styraciflua), loblolly pine (Pinus taeda) and tulip poplar (Liridendron
tulipifera). Wetlands are vegetated by red maple (Acer rubrum), tulip poplar (Liridendron
tulipifera), sweet gum (Liquidambar styraciflua) and ironwood (Carpinus caroliniana).

Situated in the Piedmont Physiographic Province of the state, topography of the project
site consists of gently rolling hills with side slopes primarily ranging from 2 to 10
percent; some areas, mainly along Walnut Creek, are as steep as 25 percent. Walnut
Creek and its floodplain form the northern border of the project site. Elevations on the
project site range from 170 to 300 feet above mean sea level.

Soil series mapped by the NRCS on the property are Augusta fine sandy loam, Chewacla
and Wehadkee soils, Helena sandy loam, Rawlings-Rion complex, Udorthents loamy,
Wake-Rolesville complex, Wedowee sandy loam and Wedowee-Saw complex. The most
abundant soil series within the project area are Rawlings-Rion complex, Udorthents
loamy, Wake-Rolesville complex and Chewacla and Wehadkee soils.

Areas of the site that were graded as part of the abandoned development project are now
mapped as Udorthents loamy. Rawlings-Rion and Wake-Rolesville complexes are well
drained soils found in upland areas and the uppermost portions of stream valleys.
Chewacla and Wehadkee soils are found on the floodplain of Walnut Creek and lower
stream valleys. Walnut Creek flows east across the northern boundary of the project site.
A FEMA 100-year floodplain is mapped along Walnut Creek and includes a contiguous
bottomland hardwood wetland that abuts the stream. All but one headwater stream on the
project site, several of which originate on the site, flow generally north to Walnut Creek.
Riparian wetlands occur along and in headwater drainages that connect to these streams.
One headwater stream located on the southwestern portion of the site flows west to Big
Branch. This drainage way contains riparian wetlands and a pond above the start point of
the stream. Streams on the project site have surface water classifications of aquatic life,
secondary recreation, fresh water (C) and Nutrient Sensitive Waters (NSW). Walnut
Creek (DWR Stream Index Number 27-34-(4)b) is listed on the 2018 Final 303(d) List as
exceeding criteria for Copper and PCB Fish Tissue Advisory.

ose

The purpose of the proposed Olde Towne Master Plan Community project is to create a
large-scale residential community with a complete range of housing options, a
commercial district, recreational amenities and necessary infrastructure such as
roadways, utilities and stormwater management facilities. This project is needed to meet
the current demand for residential housing mixed with commercial space near downtown
Raleigh.

The overall purpose of this project is to provide a residential community that balances
community goals and market dynamics for Raleigh and the surrounding areas.

Project Description

The project consists of the construction of a large-scale, master plan community
comprised of five residential sub-communities, a commercial district, and a central
amenity center, combined with greenways, multi-use paths, roadways, and utilities.

Impacts associated with this development include 679 linear feet of permanent stream
channel impacts from fill (570 linear feet from fill and 109 linear feet from rip rap
dissipator pad installation), 65 linear feet of temporary stream channel impacts for
construction access, 1.154 acre of permanent wetland impacts from fill, and 0.012 acre of
temporary wetland impacts from construction access for the installation of four road
crossings and lot fill. The applicant also proposes to relocate 404 linear feet of stream
channel utilizing natural stream channel design, in association with the widening of Rock
Quarry Road. (Impact site I).

Previously authorized impacts from the project include 145 linear feet of temporary
stream channel impacts and 0.283 acre of permanent wetland impacts.

Avoidance and Minimization

The applicant provided the following information in support of efforts to avoid and/or
minimize impacts to the aquatic environment: Prior to site plan design, the applicant
requested that a detailed wetland delineation be conducted so that impacts to wetlands
.

Due to the constraints of the site topography and stream network, the proposed project
cannot be reduced in size or shifted to avoid all jurisdictional impacts and meet the
purpose of the project. The original site development plan from September 2018 shows
3.9 AC of wetland impact and 1,315 LF of stream impact. Impacts to these features were
reduced by shifting and reconfiguring the entrance road from S. New Hope Road and
reconfiguring the site plan to further avoid wetlands. Approximately 700 LF of stream
and 2.5 AC of wetland impacts were avoided by the revisions to the final plan.

The alignment for road crossing B was adjusted to minimize the impact to adjacent
wetlands and avoid the stream confluence. Road crossing D was also shifted to the upper
end of two highly degraded channels instead of impacting the high-quality downstream
portion of the stream.

The upper end of two wetlands (W and X) at Impact Area C are proposed to be impacted
by mass grading. A retaining wall is planned in this area to minimize the amount of
impact to these wetlands.

Widening of Rock Quarry Road will also impact a wetland area (BB) and stream (C) that
runs parallel and close to the fill slope of the existing road (Impact Area I). This low-
quality stream reach will be realigned using natural channel design. The stream
realignment will result in a stream length reduction of approximately 45 linear feet,
largely due to the removal of a 90 degree turn at the upstream end of the realigned reach.
Because up and downstream of the realigned section appear to be historically
straightened, the realigned section was designed at the lower end of the sinuosity range in
order to better mimic the sediment transport characteristics of the existing stream and
prevent potential any aggradation or degradation. This realignment will create a more
stable channel with a larger left bank riparian buffer resulting in a functional uplift to the
stream. A monitoring plan to ensure stability of the realigned stream and planting success
was provided.

Compensatory Mitigation

The applicant offered the following compensatory mitigation plan to offset unavoidable
functional loss to the aquatic environment: A total of 580 LF of stream credits and 1.9835
AC of riparian wetland credits are proposed to mitigate s impact to these
jurisdictional resources. Before the original project was abandoned, payment was made
for 300 stream credits and 0.4752 AC riparian wetland credits. Of the permitted impacts,
only 0.283 AC of wetland impacts were completed.

The approved mitigation ratio for these permitted impacts was 1:1. Therefore, 0.1922 AC
of wetland and 300 LF of stream mitigation credits paid for this project remains. An
additional 280 LF of stream and 1.7913 AC of wetland credits must be acquired to
mitigate impacts for the proposed project.

The applicant proposes to purchase stream, wetland and buffer credits from a private
mitigation bank prior development of each phase of the project. A statement of
availability from Wildland Holdings III, LLC for the wetland and riparian buffer
mitigation for both Phase I and II was provided. Stream mitigation credits are currently
not available from private mitigation banks. Prior to beginning any impact to streams in
Phase 2, stream mitigation credits will be obtained from a private mitigation bank or NC
Division of Mitigation Services if stream credits are not available from a private bank.

Essential Fish Habitat

would not effect EFH or
associated fisheries managed by the South Atlantic or Mid Atlantic Fishery Management
Councils or the National Marine Fisheries Service.

Cultural Resources

Pursuant to Section 106 of the National Historic Preservation Act of 1966, Appendix C of
33 CFR Part 325, and the 2005 Revised Interim Guidance for Implementing Appendix C,
the District Engineer consulted district files and records and the latest published version
of the National Register of Historic Places and initially determines that:

No historic properties, nor properties eligible for inclusion in the National
Register, are pree, there will be no
historic properties affected. The Corps subsequently requests concurrence from
the SHPO (or THPO).

The proposed work takes place in an area known to have the potential for the
presence of prehistoric and historic cultural resources; however, the area has not
been formally surveyed for the presence of cultural resources. No sites eligible
for inclusion in the National Register of Historic Places are known to be present
in the vicinity of the proposed work. Additional work may be necessary to
identify and assess any historic or prehistoric resources that may be present.

The Distr
coordination with the SHPO and/or THPO, as appropriate and required, and with full
historic properties within the Corps-indentified permit area.

Endangered Species

Pursuant to the Endangered Species Act of 1973, the Corps reviewed the project area,
examined all information provided by the applicant and consulted the latest North
Carolina Natural Heritage Database. Based on available information:

The Corps is not aware of the presence of species listed as threatened or
endangered or their critical habitat formally designated pursuant to the
Endangered Species Act of 1973 (ESA) within the project area. The Corps will
make a final determination on the effects of the proposed project upon additional
review of the project and completion of any necessary biological assessment
and/or consultation with the U.S. Fish and Wildlife Service and/or National
Marine Fisheries Service.

Other Required Authorizations

The Corps forwards this notice and all applicable application materials to the appropriate
State agencies for review.

North Carolina Division of Water Resources (NCDWR): The Corps will generally not
make a final permit decision until the NCDWR issues, denies, or waives the state
Certification as required by Section 401 of the Clean Water Act (PL 92-500). The receipt
of the application and this public notice, combined with the appropriate application fee, at
the NCDWR Central Office in Raleigh constitutes initial receipt of an application for a
401 Certification. Unless NCDWR is granted a time review extension, a waiver will be
deemed to occur if the NCDWR fails to act on this request for certification within sixty
days of receipt of a complete application. Additional information regarding the 401
Certification may be reviewed at the NCDWR Central Office, 401 and Buffer Permitting
Unit, 512 North Salisbury Street, Raleigh, North Carolina 27604-2260. All persons
desiring to make comments regarding the application for a 401 Certification should do so,
in writing, by March 16, 2020 to:

NCDWR Central Office
Attention: Mr. Paul Wojoski, 401 and Buffer Permitting Unit
(USPS mailing address): 1617 Mail Service Center, Raleigh, NC 27699-1617

Or,

(Physical address): 512 North Salisbury Street, Raleigh, North Carolina 27604

North Carolina Division of Coastal Management (NCDCM):

Based upon all available information, the Corps determines that this application
for a Department of Army (DA) permit does not involve an activity which would
affect the coastal zone, which is defined by the Coastal Zone Management (CZM)
Act (16 U.S.C. § 1453).

Evaluation

The decision whether to issue a permit will be based on an evaluation of the probable
impacts including cumulative impacts of the proposed activity on the public interest.
That decision will reflect the national concern for both protection and utilization of
important resources. The benefit which reasonably may be expected to accrue from the
proposal must be balanced against its reasonably foreseeable detriments. All factors
which may be relevant to the proposal will be considered including the cumulative effects
thereof; among those are conservation, economics, aesthetics, general environmental
concerns, wetlands, historic properties, fish and wildlife values, flood hazards, flood plain
values (in accordance with Executive Order 11988), land use, navigation, shoreline
erosion and accretion, recreation, water supply and conservation, water quality, energy
needs, safety, food and fiber production, mineral needs, considerations of property
ownership, and, in general, the needs and welfare of the people. For activities involving
the discharge of dredged or fill materials in waters of the United States, the evaluation of
the impact of the activity on the public interest will include application of the

Commenting Information

The Corps of Engineers is soliciting comments from the public; Federal, State and local
agencies and officials, including any consolidated State Viewpoint or written position of
the Governor; Indian Tribes and other interested parties in order to consider and evaluate
the impacts of this proposed activity. Any comments received will be considered by the
Corps of Engineers to determine whether to issue, modify, condition or deny a permit for
this proposal. To make this decision, comments are used to assess impacts on endangered
species, historic properties, water quality, general environmental effects and the other
public interest factors listed above. Comments are used in the preparation of an
Environmental Assessment (EA) and/or an Environmental Impact Statement (EIS)
pursuant to the National Environmental Policy Act (NEPA). Comments are also used to
determine the need for a public hearing and to determine the overall public interest of the
proposed activity.

Any person may request, in writing, within the comment period specified in this notice,
that a public hearing be held to consider the application. Requests for public hearings
shall state, with particularity, the reasons for holding a public hearing. Requests for a
public hearing will be granted, unless the District Engineer determines that the issues
raised are insubstantial or there is otherwise no valid interest to be served by a hearing.

The Corps of Engineers, Wilmington District will receive written comments pertinent to
the proposed work, as outlined above, until 5pm, March 25, 2020. Comments should be
submitted to Mr. James Lastinger, Raleigh Regulatory Field Office,
3331 Heritage Trade Drive, Suite 105 ,Wake Forest, North Carolina 27587, at (919) 554-
4884 ext.32 or via email at [e-mail].

FIGURE 43. TYPICAL CULVERT CROSS SECTION
OLDE TOWNE MASTER PLAN COMMUNITY
RALEIGH, WAKE COUNTY, NC

FIGURE 44. STREAM RELOCATION DETAILS
OLDE TOWNE MASTER PLAN COMMUNITY
RALEIGH, WAKE COUNTY, NC