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HomeMy WebLinkAbout20060447 Ver 3_01_Individual Appliction_2020-02-03_20200205�� MCADAMS February 3, 2020 Mr. James Lastinger U.S. Army Corps of Engineers Raleigh Regulatory Field Office 3331 Heritage Trade Drive, Suite 105 Wake Forest, North Carolina 27587 RE: Individual Permit Application Olde Towne Master Plan Community Raleigh, Wake County, North Carolina Dear Mr. Lastinger and Mr. Wojoski: INDIVIDUAL PERMIT > HLE-18020 Mr. Paul Wojoski NC Division of Water Resources 401 & Buffer Permitting Branch 512 N. Salisbury St. Archdale Bldg. 9th Floor Raleigh, NC 27604 On behalf of Olde Towne WEH, LP, we are applying for a Individual Permit from the US Army Corps of Engineers (USACE) and an Individual Water Quality Certification and Riparian Buffer Authorization from the NC Division of Water Resources (DWR) for proposed impacts to jurisdictional waters and Neuse buffers associated with the project known as Olde Towne Master Plan Community. The project area is located in the northeast quadrant of S. New Hope Road and Rock Quarry Road in Raleigh, North Carolina. The project lies within the Neuse River Basin. The following attachments are included as part of this permit application: > Application for Department of the Army Permit (Eng Form 4345, > Individual Permit Application Report) and > Check $570 (DWR only) Consideration of this project is greatly appreciated. If you should have any questions or require additional information, please do not hesitate to contact me at (919) 361-5000. Sincerely, MCADAMS 4 Jennifer Burdette Senior Environmental Consultant cc: Eric Rifkin, Olde Towne WEH, LP creating experiences through experience 1 of 1 U.S. ARMY CORPS OF ENGINEERS APPLICATION FOR DEPARTMENT OF THE ARMY PERMIT OMB APPROVAL 003 EXPIRES: 28 FEBRURUARY RY 20 2013 33 CFR 325. The proponent agency is CECW-CO-R. Public reporting for this collection of information is estimated to average 11 hours per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding this burden estimate or any other aspect of the collection of information, including suggestions for reducing this burden, to Department of Defense, Washington Headquarters, Executive Services and Communications Directorate, Information Management Division and to the Office of Management and Budget, Paperwork Reduction Project (0710-0003). Respondents should be aware that notwithstanding any other provision of law, no person shall be subject to any penalty for failing to comply with a collection of information if it does not display a currently valid OMB control number. Please DO NOT RETURN your form to either of those addresses. Completed applications must be submitted to the District Engineer having jurisdiction over the location of the proposed activity. PRIVACY ACT STATEMENT Authorities: Rivers and Harbors Act, Section 10, 33 USC 403; Clean Water Act, Section 404, 33 USC 1344; Marine Protection, Research, and Sanctuaries Act, Section 103, 33 USC 1413; Regulatory Programs of the Corps of Engineers; Final Rule 33 CFR 320-332. Principal Purpose: Information provided on this form will be used in evaluating the application for a permit. Routine Uses: This information may be shared with the Department of Justice and other federal, state, and local government agencies, and the public and may be made available as part of a public notice as required by Federal law. Submission of requested information is voluntary, however, if information is not provided the permit application cannot be evaluated nor can a permit be issued. One set of original drawings or good reproducible copies which show the location and character of the proposed activity must be attached to this application (see sample drawings and/or instructions) and be submitted to the District Engineer having jurisdiction over the location of the proposed activity. An application that is not completed in full will be returned. (ITEMS 1 THRU 4 TO BE FILLED BY THE CORPS) 1. APPLICATION NO. 2. FIELD OFFICE CODE 3. DATE RECEIVED 4. DATE APPLICATION COMPLETE (ITEMS BELOW TO BE FILLED BYAPPLICANT) 5. APPLICANT'S NAME 8. AUTHORIZED AGENT'S NAME AND TITLE (agent is not required) First - Eric Middle - Last- Rifkin First - Jennifer Middle -A. Last - Burdette Company - Olde Towne WEH, LP Company - McAdams Company E-mail Address-erifkin@hallecompanies.com E-mail Address-burdette@mcadamsco.com 6. APPLICANT'S ADDRESS: 9. AGENT'S ADDRESS: Address- 56 Hunter Street Address- 2905 Meridian Parkway City - Apex State - NC Zip - 27502 Country -USA City - Durham State - NC Zip - 27713 Country -USA 7. APPLICANT'S PHONE NOs. w/AREA CODE 10. AGENTS PHONE NOs. w/AREA CODE a. Residence b. Business c. Fax a. Residence b. Business c. Fax NA 919-387-1885 NA NA 919-361-5000 NA STATEMENT OF AUTHORIZATION 11. 1 hereby authorize, Jennifer A. Burdette to act in my behalf as my agent in the processing of this application and to furnish, upon request, supplemental information in support of this permit application. SIGNATURE OF APPLICANT DATE NAME, LOCATION, AND DESCRIPTION OF PROJECT OR ACTIVITY 12. PROJECT NAME OR TITLE (see instructions) Olde Towne Master Plan Community 13. NAME OF WATERBODY, IF KNOWN (if applicable) 14. PROJECT STREET ADDRESS (if applicable) Walnut Creek & Big Branch Address NE quadrant of S. New Hope & Rock Quarry Road Raleigh NC 15. LOCATION OF PROJECT Latitude: �N 35.743344 Longitude: -W 78.554096 Latitude: City - State- Zip - OTHER LOCATION DESCRIPTIONS, IF KNOWN (see instructions) State Tax Parcel ID See application attachment Municipality Raleigh Section - NA Township - St. Mary's Range - NA ENG FORM 4345, OCT 2012 PREVIOUS EDITIONS ARE OBSOLETE. Page 1 of 3 17. DIRECTIONS TO THE SITE From Raleigh, take the I-440 beltline to I-87 east. Take S. New Hope Road south to Rock Quarry Road. The site is located in the northeast quadrant of the intersection of S. New Hope Road and Rock Quarry Road. 18. Nature of Activity (Description of project, include all features) See application attachment 19. Project Purpose (Describe the reason or purpose of the project, see instructions) 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. Therefore, the project is not water dependent. 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. USE BLOCKS 20-23 IF DREDGED AND/OR FILL MATERIAL IS TO BE DISCHARGED 20. Reason(s) for Discharge Fill material, culverts, and riprap will be placed in stream channels and wetlands to construct road and utility crossings, stormwater BMPs, and suitable development sites for the residential and recreational components of the project. 21. Type(s) of Material Being Discharged and the Amount of Each Type in Cubic Yards: Type Type Type Amount in Cubic Yards Amount in Cubic Yards Amount in Cubic Yards Soil 22. Surface Area in Acres of Wetlands or Other Waters Filled (see instructions) Acres See IP Application Report or Linear Feet 23. Description of Avoidance, Minimization, and Compensation (see instructions) See IP Application Report ENG FORM 4345, OCT 2012 Page 2 of 3 24. Is Any Portion of the Work Already Complete? �X Yes F—]No IF YES, DESCRIBE THE COMPLETED WORK See IP Application Report 25. Addresses of Adjoining Property Owners, Lessees, Etc., Whose Property Adjoins the Waterbody (if more than can be entered here, please attach a supplemental list). a. Address- See IP Application Report City - State - Zip - b. Address - City - State - Zip - c. Address - City - State - Zip - d. Address - City - State - Zip - e. Address - City - State - Zip - 26. List of Other Certificates or Approvals/Denials received from other Federal, State, or Local Agencies for Work Described in This Application. AGENCY TYPE APPROVAL* IDENTIFICATION DATE APPLIED DATE APPROVED DATE DENIED NUMBER See IP Permit Application Report * Would include but is not restricted to zoning, building, and flood plain permits 27. Application is hereby made for permit or permits to authorize the work described in this application. I certify that this information in this application is complete and accurate. I further certify that I possess the authority to undertake the work described herein or am acting as the duly authorized agent of the applicant. SIGNATURE OF APPLICANT DATE SIGNATURE OF AGENT DATE The Application must be signed by the person who desires to undertake the proposed activity (applicant) or it may be signed by a duly authorized agent if the statement in block 11 has been filled out and signed. 18 U.S.C. Section 1001 provides that: Whoever, in any manner within the jurisdiction of any department or agency of the United States knowingly and willfully falsifies, conceals, or covers up any trick, scheme, or disguises a material fact or makes any false, fictitious or fraudulent statements or representations or makes or uses any false writing or document knowing same to contain any false, fictitious or fraudulent statements or entry, shall be fined not more than $10,000 or imprisoned not more than five years or both. ENG FORM 4345, OCT 2012 Page 3 of 3 '' MCADAMS INDIVIDUAL PERMIT APPLICATION > OLDE TOWNE OLDE TOWNE MASTER PLAN COMMUNITY INDIVIDUAL PERMIT APPLICATION REPORT PREPARED FOR: OLDE TOWNE WEH, LP ATTN: MR. ERIC RIFKIN PREPARED BY: MCADAMS COMPANY PROJECT #: HLE-18020 'J MCADAMS FEBRUARY 3, 2020 creating experiences through experience 2905 Meridian Parkway, Durham, NC 27713 / 919. 361. 5000 'J MCADAMS INDIVIDUAL PERMIT APPLICATION > OLDE TOWNE TABLE OF CONTENTS EXECUTIVESUMMARY.........................................................................................................................................6 SECTION 1.0 PROJECT INFORMATION...................................................................................................................9 SECTION 2.0 PROJECT DESCRIPTION...................................................................................................................10 2.1 BACKGROUND............................................................................................................................................. 11 2.2 ZONING........................................................................................................................................................ 11 2.3 ROAD & GREENWAY REQUIREMENTS/IMPROVEMENTS............................................................................ 12 2.3.1 ONSITE.............................................................................................................................................. 12 2.3.2 OFFSITE............................................................................................................................................. 12 2.4 DEVELOPMENT PLAN & SCHEDULE............................................................................................................. 12 SECTION 3.0 PROJECT DESCRIPTION...................................................................................................................13 3.1 SITE LOCATION............................................................................................................................................ 13 3.2 SITE CONDITIONS......................................................................................................................................... 13 3.3 PERMIT HISTORY.......................................................................................................................................... 14 3.4 JURISDICTIONAL WATERS AND WETLANDS + RIPARIAN BUFFERS.............................................................. 15 3.4.1 DELINEATION AND VERIFICATION.................................................................................................... 15 3.4.2 ASSESSMENTS.................................................................................................................................. 15 SECTION4.0 PURPOSE AND NEED.......................................................................................................................17 SECTION 5.0 ALTERNATIVE ANALYSIS..................................................................................................................17 5.1 SITE SELECTION............................................................................................................................................ 17 5.1.1 OLDE TOWNE.................................................................................................................................... 17 5.1.2 RIVER TOWNE................................................................................................................................... 18 5.1.3 401/BUFFALOE ROAD....................................................................................................................... 18 5.1.4 SWIFT CREEK STATION..................................................................................................................... 18 5.2 PROPOSED ACTION AND ALTERNATIVES..................................................................................................... 19 5.2.1 PREFERRED ALTERNATIVE................................................................................................................ 19 5.2.2 NO -ACTION ALTERNATIVE................................................................................................................ 20 5.2.3 OFF -SITE ALTERNATIVES................................................................................................................... 20 5.2.3.1 RIVER TOWNE...................................................................................................................... 20 5.2.3.2 401/BUFFALOE ROAD.......................................................................................................... 21 5.2.4 LEAST ENVIRONMENTAL DAMAGING PRACTICABLE ALTERNATIVE(LEDPA)................................... 22 creating experiences through experience 2 of 28 'J MCADAMS INDIVIDUAL PERMIT APPLICATION > OLDE TOWNE SECTION 6.0 AVOIDANCE AND MINIMIZATION...................................................................................................22 6.1 ON -SITE ALTERNATIVES............................................................................................................................... 22 6.2 PREFERRED ALTERNATIVE JURISDICTIONAL + RIPARIAN BUFFER IMPACTS ............................................... 23 SECTION 7.0 COMPENSATORY MITIGATION........................................................................................................24 SECTION 8.0 ENDANGERED SPECIES ACT.............................................................................................................26 SECTION 9.0 NATIONAL HISTORIC PRESERVATION ACT........................................................................................27 SECTION 10.0 STORMWATER MANAGEMENT.....................................................................................................27 10.1 PEAK RUNOFF CONTROL REQUIREMENTS................................................................................................ 27 10.2 POLLUTANT AND NUTRIENT CONTROL REQUIREMENTS.......................................................................... 27 SECTION 11.0 CUMULATIVE IMPACTS.................................................................................................................27 SECTION 12.0 CONCLUSIONS..............................................................................................................................28 creating experiences through experience 3 of 28 '' MCADAMS INDIVIDUAL PERMIT APPLICATION > OLDE TOWNE FIGURES Figure 1. Vicinity Map Figure 2. Project Area Parcels & Adjacent Properties Map Figures 3-9. Overall Master Plan & Amenity Vision Figure 10. Overall Master Plan Phases Figure 11. City of Raleigh Street Plan Excerpt Figure 12. Proposed Greenway Exhibit Figure 13. USGS Topographic Map Figure 14. 2017 Aerial Map Figure 15. Wake County WEB Soil Survey Map Figure 16. Historic Wake County Soil Survey Map (1970) Figure 17. NC Floodplain Mapping Program Figure 18. March 2007 Aerial Map Figure 19. Delineation Map Figure 20. Stream & Wetland Assessment Map Figure 21. Alternative Sites Location Map Figure 22. River Towne Site Plan Figure 23. River Towne Sewer Expansion Figure 24. 401/Buffaloe Road Site Assessment Figure 25. 401/Buffaloe Road Sewer Expansion Figure 26. Original Site Development Plan Figure 27. Alternative Site Development Plan Figure 28. Overall Impact Area Map Figure 29-31. Grading Plan Figure 32-42. Impact Area Insets (A-K) Figure 43. Road Crossing Cross-section Figure 44. Stream Realignment Details TABLES Table 1. Master Plan Table 2. Assessment Summary Table 3. Site Selection Criteria Table 4. Alternative Analysis Summary Table 5. Federally Protected Species for the Project Study Area ATTACHMENTS A. Agent Authorization Forms B. Adjacent Property Owner Names + Addresses C. Draft Transportation Impact Analysis Excerpt D. Nationwide Permit 12 & 39 (SAW-2006-20287-292 - 12/15/2005) E. 401 Water Quality Certification (#06-0447 - 6/30/2006) F. NCEEP Receipt (1/31/2007) G. 401 Water Quality Certification (#06-0447 V2 - 11/6/2009) H. NCDWR Close -Out Letter (#06-0447 V2 - 12/2/2015) creating experiences through experience 4 of 28 '' MCADAMS INDIVIDUAL PERMIT APPLICATION > OLDE TOWNE ATTACHMENTS (continued) I. Olde Towne Residential Development NCDEQ Neuse Buffer Determination Letter (4/10/19) J. Additional Wetland Data Forms K. Commercial District NCDEQ Neuse Buffer Determination Letter (12/3/19) L. Wetland and Stream Assessments M. Jurisdictional Stream and Wetland + Riparian Buffer Impact Tables N. Wetland + Riparian Buffer Mitigation Statements of Availability O. Stream Realignment Monitoring Plan P. Protected Species Review Package + Correspondence Q. State Historic Preservation Office Letter creating experiences through experience 5 of 28 'J MCADAMS INDIVIDUAL PERMIT APPLICATION > OLDIE TOWNE EXECUTIVE SUMMARY The purpose of this Individual Permit application is to demonstrate that the proposed Olde Towne development plan is the Least Environmentally Damaging Practicable Alternative (LEDPA) that meets the project's purpose to create a large-scale master -planned community and that fulfills the need to meet the current demand for residential housing mixed with commercial space near downtown Raleigh. Olde Towne is a proposed 574-acre master planned community comprised of five residential sub -communities, a commercial district, amenity center, greenways, a multi -use path, a road network and public gathering spaces located at the northeast quadrant of S. New Hope Road and Rock Quarry Road in southeast Raleigh, North Carolina (Figures 1-9). Early construction for the project, which was originally planned as a golf course community, focused on Phase 1 of the development and ceased in 2008 before any structures or roads were constructed (Figure 10). The applicant has obtained approval to update the zoning of the property to allow up to 360 multi -family units, including age restricted housing. The City of Raleigh's Street Plan requires a two-lane, undivided avenue with an on -street greenway from S. New Hope Road across the project site to Barwell Road (Figure 11). A second greenway trail will connect from this through road to Holiday Drive on the northeast side of Olde Towne (Figure 12). A Transportation Impact Analysis (TIA) required by the re -zone amendment established the road improvements necessary to accommodate the current and future impacts of the development as it progresses through the phased development (see Attachment C for details). A stream and wetland delineation within the project site owned by Olde Towne WEH, LP was performed in late 2018 by McAdams staff and was field verified by Ross Sullivan of the US Army Corps of Engineers (USACE) on April 24, 2019. Jurisdictional areas within the commercial district and off -site road improvement area were delineated by McAdams staff in the fall of 2019 but have not been verified by the USACE (Figure 19). Determinations of streams subject to the Neuse Riparian Buffer Rule were issued by the NC Department of Environmental Quality on April 10, 2019 for the parcels owned by Olde Towne WEH, LP (Attachment 1) and December 3, 2019 for the commercial district (Attachment K). The overall project site, including the commercial district and area necessary for road improvements, contains approximately 20,804 linear feet of jurisdictional streams, 3.3 acres of open water and 57 acres of jurisdictional wetlands. No isolated waters or wetlands were identified on the project site. Wetlands and streams were evaluated using the North Carolina Wetland and Stream Assessment Methods (NCWAM, NCSAM), respectively, at each proposed impact area (Attachment Q. Proposed stream and wetland mitigation ratios range from 0.5:1 to 2:1 depending on each impact area's NCWAM or NCSAM rating. The preferred alternative (Olde Towne) and three other alternative sites were analyzed using the following site selection criteria: project size, proximity to target market, proximity to utilities, zoning and cost. The locations of these sites are provided on Figure 21. The preferred alternative, no -action alternative and economically viable off -site alternatives were evaluated to determine the Least Environmentally Damaging Practicable Alternative (LEDPA). The following environmental factors were used to evaluate the practicable alternatives identified: total stream impacts (LF), total wetland impacts creating experiences through experience 6 of 28 'J MCADAMS INDIVIDUAL PERMIT APPLICATION > OLDIE TOWNE (AC), potential cumulative impact (high/medium/low), potential impact to Federally listed species (yes/no), and potential impact to historic resources (yes/no). Other factors evaluated were project size (high/medium/low) and whether the site had been previously graded (yes/no). Considering the seven factors described above, the applicant's preferred alternative is the least environmentally damaging practicable alternative (LEDPA) that would meet the overall project purpose. The LEDPA site development plan avoids and minimizes impacts to streams and wetlands to the maximum extent practicable while achieving the project purpose and need. Approximately 700 LF of stream and 2.5 AC of wetland impacts shown on the original Olde Towne site plan from September 2018 were avoided by shifting and reconfiguring the entrance road from S. New Hope Road and reconfiguring the site plan to avoid wetlands (Figure 26). An Alternative Site Development Plan (Figure 27) further minimized impacts but was not the LEDPA due to 1.64 AC of wetland and 1,165 LF of stream impacts necessitated by four additional road crossings required by the City of Raleigh. A waiver of these requirements will be requested to avoid 0.207 AC of wetland and 550 LF of stream impacts. The final site plan (Figures 28-31) minimizes and avoids jurisdictional stream and wetland and riparian buffer impacts to the maximum practicable extent. The proposed impacts are depicted in Figures 32-42. Four road crossings (Impact Areas A, B, D and E) are required to provide safe egress from all portions of the site; these impacts are unavoidable due to three tributaries bisecting the site. All culverts will be designed to maintain the dimension, pattern and profile of the stream and will buried one foot below the stream bed to maintain aquatic life passage (Figure 43). Mass grading is proposed at Impact Areas C, E, F and G; these impacts are impractical to avoid due to the need for a functional road network. A retaining wall will minimize wetland impacts at Impact Area C. Road improvements at the intersection of Rock Quarry Road and S. New Hope/Jones Sausage Road and widening of Rock Quarry Road necessitate the stream, wetland and buffer impacts in Impact Areas H and I, including the relocation of a portion of Stream C. A monitoring plan to ensure stability of the realigned stream and planting success is provided in Attachment N. The preferred alternative as proposed would result in the following total impacts, which are summarized in Attachment M: • 368 LF of permanent, perennial stream loss, • 247 LF of permanent, intermittent stream loss, • 431 LF of permanent, perennial stream impact with no loss (riprap dissipators/stream realignment), • 37 LF of permanent, intermittent stream impact with no loss (riprap dissipators/stream realignment), • 47 LF of temporary, perennial stream impact, • 18 LF of temporary, intermittent stream impact, • 1.154 AC of permanent, wetland impact and • 0.012 AC of temporary, wetland impact. A total of 580 LF of stream credits and 1.9835 AC of riparian wetland credits are proposed to mitigate the project's impact to these jurisdictional resources. Proposed mitigation ratios for each impact are listed in Table L1 creating experiences through experience 7 of 28 'J MCADAMS INDIVIDUAL PERMIT APPLICATION > OLDIE TOWNE (Attachment M). Before the original project was abandoned, payment was made for 300 stream credits and 0.4752 AC riparian wetland credits; 0.283 AC of wetland impacts with an approved mitigation ratio of 1:1 were completed at that time. 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. Buffer mitigation is required for Impact Areas A and E due to the required width of the mixed -use street from S. New Hope Road to Barwell Road and for Impact Area B because the road alignment was adjusted to avoid wetland impacts, resulting in additional buffer impacts. The applicant proposes to purchase stream, wetland and buffer credits from a private mitigation bank prior development of each phase of the project. McAdams conducted assessments of the projects potential effect on federally protected species and historical resources. The US Fish and Wildlife (USFWS) concurred with biological opinions of "may affect, not likely to adversely affect" for Michaux's sumac, Neuse River waterdog, Carolina madtom, Atlantic pigtoe, and dwarf wedgemussel, and "no effect" for the red -cockaded woodpecker within the residential portion of the project based on a review package submitted to the USFWS on September 9, 2019. Additional habitat evaluations were conducted on the commercial portion of the project in October 2019, after the decision was made to include this portion with the residential portion of the project. The addition of the commercial site did not change the biological opinions for any of the listed species. Coordination with the State Historic Preservation Office (SHPO) resulted in a recommendation to conduct a comprehensive archaeological survey due to a high probability for pre -colonial American Indian sites to be present given the property's proximity to Walnut Creek and four mapped structures that may contain associated archaeological remains. The SHPO concluded that the project will not have an effect on any historic properties. Per City of Raleigh regulations, stormwater management on this site shall address two primary issues: (1) peak discharge rates and (2) water quality management. Eleven proposed stormwater control measures will be designed to attenuate peak flows such that post -development peak flow rates are reduced below the pre -development rates in the 2- and 10-year storm events and meet the water quality design requirements in the NC Stormwater BMP Manual. Cumulative impacts anticipated by the Olde Towne development include additional commercial and retail development in the area around the project site to serve the large number of residents anticipated. This additional development is not anticipated to impact downstream water quality. In conclusion, the site selection and alternatives analyses resulted in the selection of the preferred alternative as the LEDPA. Impacts to jurisdictional streams, wetlands and buffers have been minimized to the maximum extent practicable by altering the original site design to reduce road crossings, installing culverts to maintain aquatic life passage, and minimizing mass grading impacts to the greatest practicable extent. The resulting site design allows the project purpose and need to be fulfilled while minimizing impacts to Water of the U.S. creating experiences through experience 8 of 28 '' MCADAMS INDIVIDUAL PERMIT APPLICATION > OLDE TOWNE 1.0 PROJECT INFORMATION Applicant Information: Eric Rifkin, Assistant Vice President Olde Towne WEH, LP 56 Hunter Street Apex, NC 27502 Email - erifkin@hallecompanies.com Telephone - (919) 387-1885 Authorized Agent Information Jennifer A. Burdette McAdams Company 2905 Meridian Parkway Durham, NC 27713 Email — burdette(@mcadamsco.com Telephone — (919) 361-5000 Project Name: Olde Towne Master Plan Community Name of Waterbody: Walnut Creek & Big Branch (HUC — 03020201) Project Street Address: NE quadrant of S. New Hope & Rock Quarry Road (Figure 1— Vicinity Map) Location of Project: Latitude N 35.743344' Longitude W 78.554096° State Tax Parcel IDs for Individual Tracts: Tract ID PIN Size (ac) Owner A 1732073161 69.5 Olde Towne WEH, LP B 1732373509 54.1 Olde Towne WEH, LP C 1732062346 14.4 Olde Towne WEH, LP D 1732372031 40.6 Olde Towne WEH, LP E 1732150043 87.5 Olde Towne WEH, LP F 1732268167 33.6 Olde Towne WEH, LP G 1732254316 24.7 Olde Towne WEH, LP H 1732358949 23.4 Olde Towne WEH, LP 1 1732451381 12.4 Olde Towne WEH, LP J 1732355204 11.6 Olde Towne WEH, LP K 1732346972 11.4 Olde Towne WEH, LP L 1732344507 15.8 Olde Towne WEH, LP M 1722846111 6.5 Olde Towne WEH, LP N 1732040116 24.9 Olde Towne WEH, LP creating experiences through experience 9 of 28 'J MCADAMS Tract ID PIN 0 1732111958 P 1722939573 Q 1722937105 R 1722848717 S 1722945976 T 1732041995 Total (20) INDIVIDUAL PERMIT APPLICATION > OLDE TOWNE Size (ac) Owner 37.7 Olde Towne WEH, LP 19.4 Olde Towne WEH, LP 27.1 Olde Towne WEH, LP 17.2 OT Retail East Company, LLC 22.2 LOBRO, LLC 19.3 OT Retail East Company, LLC 574 Figure 2 — Project Area Parcels & Adjacent Properties Map shows the individual parcels that make up the project and key for adjacent properties. Agent authorizations forms for the applicant/owner and other property owners included within the project are provided in Attachment A. Names and address of adjacent property owners are provided in Attachment B. Municipality: Raleigh Township: St. Mary's List of Other Certificates or Approvals/Denials received from other Federal, State, or Local Agencies: Agency Type Approval Identification Number Date Applied* Date Date Approved Denied City of Raleigh Rezoning Z-7-2018 2018-03-06 2018-09-04 NA ...................................................................................................................................................................................................................................................................................................................................................................................._.................................................................................................................... City of Raleigh Phase 1 Mass Grading MASS-0070-2019 2019-03-28 2019-09-17 NA Cityof Raleigh g Phase 1 Preliminary Y 2019-05 2020-01 ( ) Subdivision Plan NCDWR 401 W C Buffer Q / 06-0447 V3 2020-02 ( ) Authorization ...................................................................................................................................................................................................................................................................................................................................................................................._.................................................................................................................... NCDOT Off -site TIA (2020-02) (2020-05) Improvements ...................................................................................................................................................................................................................................................................................................................................................................................._.................................................................................................................... City of Raleigh Phase 1 Final (2020-02) (2020-04) Subdivision Plat Cityof Raleigh g Phase 2 Master 2020-09 ( ) 2021-03 ( ) Subdivision & Infrastructure *(Date) = anticipated submittal/approval date 2.0 PROJECT DESCRIPTION Olde Towne is a large-scale, master plan community comprised of five residential sub -communities, a commercial district and a central amenity center combined with greenways, a multi -use path, a road network and public spaces creating experiences through experience 10 of 28 'J MCADAMS INDIVIDUAL PERMIT APPLICATION > OLDIE TOWNE designed to facilitate community connections (Figures 3-9 — Overall Master Plan & Amenity Vision). The five sub - communities will provide a complete range of residential dwelling options including single-family homes, duplexes, townhomes and apartments. Two sub -communities are planned as single-family housing developments including some duplexes. The largest of these is a high -density subdivision. A conservation subdivision, with a larger percentage of the total project area dedicated to common open space, is planned for the second sub -community. One apartment and two townhouse developments make up the remaining three sub -communities proposed for the project. Table 1 lists the types and number of units planned for each proposed sub -community. Table 1. Master Plan Sub -community Development Pod - Type Units Meadow Village 1— Conservation Subdivision 74 Duplex Units (37 Buildings) 88 Single-family Homes Hilltop Townes 2 & 3 - Townhomes 225 Knollridge Apartments 4 - Apartments 360 (15 Buildings) Cobblestone Cove 5 & 6 - Townhomes 255 Hamlet Green 7 — Single -Family Homes 633 This master plan community also includes a commercial district, called Crossroad Market, that is owned and will be developed by others. Crossroad Market shares the entrance from S. New Hope Road, and stormwater from this outparcel will be treated by stormwater control measures (SCMs) located within the residential development area of Olde Towne. 2.1 BACKGROUND Olde Towne was originally planned as a golf course community. Construction was in progress but ceased in 2008 during the economic recession. Early construction was focused on what was then referred to as Olde Towne Phase 1. This was generally the area west of the north/south stream feature that runs from the western terminus of Royal Acres Road in the central south portion of the site due north to Walnut Creek. The overall master plan rendering shows two phases of development as currently envisioned (Figure 10); these phases are comparable to the plan in 2008. The previous developer/owner had recorded City of Raleigh Tree Conservation areas for the previously entitled master planned community. That deeded and recorded tree conservation, in concert with the current, updated jurisdictional determinations of streams and wetlands, allowed for the current developers to obtain a mass grading permit for those areas outside of the environmental features and required conservation areas (Phase 1). 2.2 ZONING Olde Towne was zoned in 2017 to a base residential zoning (R-10) district with conditional uses by PNC Bank. In the rezoning, there were conditions placed on the development capping the total number of units to 1,700 with a maximum of 300 that could be multifamily and a portion that must be age restricted (55 years and older). That creating experiences through experience 11 of 28 'J MCADAMS INDIVIDUAL PERMIT APPLICATION > OLDIE TOWNE rezoning posed challenges with the current applicant's desire to provide a mix of uses and affordable products for this region. As such, the applicant obtained approval for an updated zoning (Re -zone Amendment) that allows up to 360 multi -family units and the age restricted portions to be located in other phases and subphases of Olde Towne. 2.3 ROAD & GREENWAY REQUIREMENTS/IMPROVEMENTS 2.3.1 ONSITE The City of Raleigh's Street Plan, updated August 4, 2015, calls for a mixed -use street from S. New Hope Road across the project site to Barwell Road. This proposed road is required to be a two-lane, undivided avenue with an on - street greenway. Figure 11 shows the area of the project site on an excerpt from the City's Street Plan. A second greenway trail is planned from this through road north along the eastern most road network and connecting to Holiday Drive. Proposed greenway trail access and routes along with a typical cross-section of an on -street greenway are shown on Figure 12. 2.3.2 OFFSITE As required by the re -zone amendment, a Transportation Impact Analysis (TIA) was performed by Ramey & Kemp and Associates to establish the road improvements necessary to accommodate the current and future impacts of the development as it progresses through the phased development. These recommendations from the draft TIA require the following off -site road improvements for full build -out of the project and are provided in Attachment C: > Widen the southeast side of S. New Hope Road from the project site's entrance (Site Drive #1) south to its intersection with Rock Quarry Road, > Widen the northwest side of S. New Hope Road for approximately 375 feet from its intersection with Rock Quarry Road, > Widen the southeast side of Jones Sausage Road for approximately 360 feet from its intersection with Rock Quarry Road, > Minor widening in the western quadrant of the intersection of Jones Sausage Road and Rock Quarry Road, and > Widen the northeast side of Rock Quarry Road from Site Drive #3 to the its intersection with S. New Hope Road/Jones Sausage Road. 2.4 DEVELOPMENT PLAN & SCHEDULE As discussed above, a Re -zone Amendment and Phase 1 Mass Grading Permit have been issued for the project. There are no jurisdictional waters or riparian buffers within the area of this permit. A Preliminary Subdivision Plan for Phase 1 was submitted in May 2019 and is anticipated to be approved in January 2020. The only jurisdictional waters and riparian buffer impacts required for Phase 1 are related to the off -site road improvements required by the TIA for this phase. Pending issuance of an Individual Permit and Water Quality Certification, concurrent construction drawings for these improvements are anticipated to be submitted February 2020 for an anticipated approval in May. Submission and approval of the Final Subdivision Plat for Phase 1 follows the same general timeframe. Master Plan and Infrastructure for Phase 2 is planned to be submitted in September 2020 with approval anticipated by March 2021. creating experiences through experience 12 of 28 'J MCADAMS INDIVIDUAL PERMIT APPLICATION > OLDIE TOWNE Typical construction equipment will be used consisting of excavators, graders, bulldozers, front end loaders, dump trucks and pump around equipment. Due to the presence of shallow rock, blasting may be necessary in some areas. W1=4111 9 4 11*14.112 9 W L11 3.1 SITE LOCATION The proposed Olde Towne Master Plan Community site (project site) is located on the southeast side of Raleigh in Wake County, North Carolina. This 574-acre site is bordered by Walnut Creek to the north, S. 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. Figure 13 depicts the location of the property on the US Geological Survey (USGS) Garner and Raleigh East, NC 7.5-minute quadrangle topographic maps. 3.2 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). The existing site conditions are shown on the attached 2017 Aerial Map (Figure 14). 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. Figure 15 shows the subject property overlaid with the Wake County soil map units obtained from the Natural Resource Conservation Service WEB Soil Survey. The most recently published Wake County Soil Survey map (1970) is provided for Neuse River Riparian Buffer rule applicability (Figure 16). creating experiences through experience 13 of 28 'J MCADAMS INDIVIDUAL PERMIT APPLICATION > OLDIE TOWNE 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 (Figure 17 — NC Floodplain Mapping Program) 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. 3.3 PERMIT HISTORY In 2006, a Nationwide Permit (NWP) 12 and 39 and a corresponding 401 General Water Quality Certification approval (WQC) were issued to Olde Towne, LLC for a mixed -use golf course development that encompassed the project site and other adjacent tracts (Attachment D & E). The Ecosystem Enhancement Program (EEP) issued the attached receipt for payment of 300 linear feet (LF) of perennial stream impact and 0.4752 acre (AC) of riparian wetland impact on January 31, 2007 (Attachment F). Kelly Williams with the NC Division of Mitigation Services (formerly EEP) confirmed that this compensatory mitigation payment had not been reimbursed. By March 2007 as shown in Figure 18, approximately 180 AC of the project site had been graded. A compliance visit by the US Army Corps of Engineers (USACE) in November 2007 found an intermittent stream that was determined to be "unimportant" and was not subject to riparian buffers had been relocated without approval. The Division of Water Resources (DWR) issued two Notices of Violation (NOV-2008-PC-0158) for this issue as well as sediment and erosion control issues in March and April 2008. A plan to delineate, clean up and stabilize problem areas on the site was approved and completed to resolve the sediment and erosion control issues. Because the NWP had expired, an application to request re -authorization of NWP 12 and 29 with corresponding WQCs and approval of a restoration plan to resolve the stream relocation violation was submitted in June 2008. This application indicated that a total of 0.283 AC of permanent wetland impact from two road crossings (P-1 & P-6) and 145 LF of temporary stream impacts from three sanitary sewer crossings (T-4, T-5 & T-6) had been completed. The application also reported that the unauthorized stream relocation had impacted 340 LF of intermittent stream channel and 0.03 AC of wetland and provided a restoration plan for 341 LF of stream and 0.04 AC of wetland. By the time the WQC approval was issued on November 6, 2009, the property had been transferred to National City Bank and development of the project had discontinued (Attachment G). After five years of monitoring, the USACE and DWR staff reviewed the final creating experiences through experience 14 of 28 'J MCADAMS INDIVIDUAL PERMIT APPLICATION > OLDIE TOWNE monitoring report and conducted a site inspection of the restoration. On December 2, 2015, DWR issued a close-out letter indicating that the stream and wetland mitigation requirements had been met (Attachment H). 3.4 JURISDICTIONAL WATERS AND WETLANDS + RIPARIAN BUFFERS 3.4.1 DELINEATION AND VERIFICATION McAdams staff re -delineated the project site owned by Olde Towne WEH, LP in late 2018. Ross Sullivan with the USACE conducted a field visit on April 24, 2019 to verify the streams and wetland boundaries within the area labeled as verified on the attached Delineation Map (Figure 19). On April 8, 2019, a field determination of streams subject to the Neuse Riparian Buffer Rule was completed by Gary Kreiser and reported in the attached Department of Environmental Quality letter dated April 10, 2019 (Attachment 1). On October 14, 2019, McAdams staff completed a delineation of jurisdictional streams and wetlands and riparian buffers within the limit of disturbance identified for off -site road improvements involving S. New Hope Road, Rock Quarry Road, Jones Sausage Road and the project entrance road from S. New Hope Road. These features are also shown on the Delineation Map (Figure 19). It was then determined that the commercial district by others would be included with Olde Towne residential development project due primarily to its dependency on this project for stormwater treatment. On November 5, 2019, McAdams staff completed a delineation of jurisdictional streams and wetlands and riparian buffers on the commercial district portion of the project. It was at this time additional wetland area within the residential portion immediately south of the commercial district (extension of the Wetland AA) was identified. Data forms to support the additional delineation are provided in Attachment J and the locations are shown on the Delineation Map (Figure 19). While delineating the area required for road improvements along S. New Hope Road, the boundary of Wetland Z within the verified delineation area was also revised slightly. Neither of these areas were examined in the field by Ross Sullivan. On December 3, 2019, a field determination of streams subject to the Neuse Riparian Buffer Rule within the commercial district property was completed by Erin Deck and Zach Thomas and reported in the attached Department of Environmental Quality letter dated the same day (Attachment K). It is important to note that Stream G was classified as perennial on the delineation map provided for the Preliminary Jurisdictional Determination. The original delineation was completed at time of extended wetter than normal conditions. During the assessment field work discussed below, this stream was determined to be intermittent at Impact Area E and upstream. The overall project site, including the commercial district and area necessary for road improvements, contains approximately 20,804 linear feet of jurisdictional streams, 3.3 acres of open water and 57 acres of jurisdictional wetlands. No isolated waters or wetlands were identified on the project site. 3.4.2 ASSESSMENTS At each impact area, wetlands and streams were evaluated using the North Carolina Wetland and Stream Assessment Methods, respectively. A summary of the wetland and stream rating results are provided in Table 2 below. Field assessment results, rating sheets and supporting photographs are included as Attachment L. creating experiences through experience 15 of 28 'J MCADAMS INDIVIDUAL PERMIT APPLICATION > OLDIE TOWNE Table 2. Assessment Summary Impact Area Name Assessment Area/Reach AA Size (AC/LF) Hydrology Rating WQl Rating Habitat Rating Overall Rating Mitigation Ratio Impact ID Wetlands B A B-1 0.323 Medium High High High 2 W3 C W C-1 0.037 High Medium High High 2 W5 C X C-2 0.097 High High Low High 1.5 W6 E A E-1 0.013 High High Medium High 2 W7 E, F, G O F-1 0.424 High High High High 2 W8 H Z H-1 0.031 Low Low Low Low 0.5 W9 H Z H-2 0.033 High High Medium High 2 W9 H KK H-3 0.134 Low Low Low Low 0.5 W10 I BB 1-1 0.005 Low Medium Low Low 1 W12 I BB 1-2 0.114 Medium High Medium Medium 1.5 W11-15 Streams A B A-1 178 Low High High High 1.5 S2-3 B R B-1 225 High Medium High High 2 S6-7 D O D-1 53 Low High Low Low 0.5 S9 D F D-2 75 Low Low Low Low 0 S7 E G E-1 172 Low Low Low Low 0 S12 H C H-1 54 High Low Low Low 13 S17 I C 1-1 274 Medium Low Low Low 0.5 S18 I C 1-2 130 Low Low Low Low 0 S18 t Water Quality Condition/Opportunity 2 see Impact Area Insets A — I (Figures 32-40) and Attachment L discussed later in section 6.2 3 perennial stream A mitigation ratio of 2:1 is proposed for wetlands with an overall rating of high and no subcategory rating of low. For wetlands with an overall rating of medium and overall rating of high but at least one subcategory rating of low, a mitigation ratio of 1.5:1 is proposed. A mitigation ratio of 1:1 is proposed for wetlands with an overall rating of low but at least one subcategory rating of medium or high. For wetlands with an overall rating and all subcategory ratings of low, a mitigation ratio of 0.5:1 is proposed. A mitigation ratio of 2:1 is proposed for streams with an overall rating of high and no subcategory rating of low. For streams with an overall rating of high but at least one subcategory rating of low, a mitigation ratio of 1.5:1 is proposed. A mitigation ratio of 1:1 or 0.5:1 is proposed for streams with an overall rating of low but at least one subcategory rating of high or medium, respectively. For streams that are rated as low overall and in all subcategories, no mitigation is proposed based on the retention of aquatic life passage and stream bed sediments within the culverts. creating experiences through experience 16 of 28 'J MCADAMS INDIVIDUAL PERMIT APPLICATION > OLDIE TOWNE 4.0 PURPOSE AND NEED 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. Therefore, the project is not water dependent. 5.0 ALTERNATIVE ANALYSIS 5.1 SITE SELECTION Site selection criteria discussed in detail below were used to identify the preferred alternative and three alternative sites. Locations of these sites are provided on Figure 21. Alternative Sites Location Map. The applicant has prepared a confidential analysis of projected return on capital investment to evaluate these sites. It is available upon request provided this information may be kept confidential. > Project Size: A minimum of 300 acres is necessary for a mixed -use development of a large-scale, residential community that includes a commercial component and a complete range of residential dwelling options including single-family homes, duplexes, townhomes and apartments. > Proximity to Target Market: The purpose of the project is to provide a full -service housing community to serve the major employment centers in the Triangle including downtown Raleigh, downtown Durham and Research Triangle Park. Only sites within a 15-mile radius of Triangle meet this purpose. > Proximity to major highways: For the proposed community to meet the needs of two -career households that may require travel to more than one employment center, it must have access to major highways. Project sites located within 3 miles of major highways would meet this criterion. > Proximity to utilities: Availability of sanitary sewer service is critical to the economic viability of a residential community. > Zoning: Potential project sites must be zoned for residential development. > Costs: For a successful project, the overall cost of development including costs for the property, entitlement, engineering, sanitary sewer infrastructure to the site, construction and mitigation balanced with the return on that investment must be economically viable. 5.1.1 OLDE TOWNE Olde Towne is the applicant's preferred site. It is 574 acres in size and located in the in the northeast quadrant of Rock Quarry Road and S. New Hope Road southeast of Raleigh in Wake County. It is zoned as residential and approximately 2.2 miles from the Interstate 440 beltline around Raleigh. Approximately one half of this site consists of early successional herbaceous vegetation mixed with stands of young loblolly pines. 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 except for a few former agricultural fields that are now dominated by kudzu. Several headwater streams originate on or flow north through the site to Walnut Creek. One tributary in the creating experiences through experience 17 of 28 'J MCADAMS INDIVIDUAL PERMIT APPLICATION > OLDIE TOWNE southern end of the site flows west to Big Branch. These streams have surface water classifications of C; NSW. Sanitary sewer service is available on the site. Construction of the project on this site would be economically viable. 5.1.2 RIVER TOWNE This approximately 307-acre site is located on the north side of Buffaloe Road east of Raleigh in Wake County. It is zoned as residential and approximately 2.3 miles from Interstate 540. It is primarily forested with mixed hardwood/pine and a few pine stands. Several agricultural fields are also located on the site. Several headwater streams originate on the site and flow north to Hodges Mill Creek or south to Beaverdam Creek. These streams have surface water classifications of C; NSW. To provide sanitary sewer service to this site, a pump station and approximately 2.9 miles of gravity sewer line, including easement acquisition, would need to be constructed. Construction of the project with the additional infrastructure cost required for this site would be economically viable. 5.1.3 401/BUFFALOE ROAD This approximately 364-acre site is located on the southeast side of Fayetteville Road (US Highway 401) south of Raleigh in Wake County. It is zoned as residential and located on a major highway approximately 5.8 miles from the Interstate 440 beltline around Raleigh. It is primarily forested with mixed hardwood/pine, young pine stands, successional areas and a pine planation. Agricultural fields also occupy approximately 40 acres of the site. Several headwater streams originate on the site and flow east to an unnamed tributary to Swift Creek or north to Swift Creek. These streams have surface water classifications of WS-III; NSW. Although sanitary sewer service is available to this site, it is currently at capacity and would need upgrades to handle the additional discharge from development of this site. This would not require new easement acquisition but would require upsizing the gravity sewer, pump station and force main. Construction of the project with the additional infrastructure cost required for this site would be economically viable. 5.1.4 SWIFT CREEK STATION This approximately 434-acre site is located between Fayetteville Road (US Highway 401) and Old Stage Road along the north side of Swift Creek south of Raleigh in Wake County. It is zoned as residential and approximately 4.9 miles from the Interstate 440 beltline around Raleigh. This site is primarily forested with mixed hardwood/pine and a few pine stands. Grading for a spine road and a few cul-de-sac roads are present on the site. In addition to the FEMA- designated 100-year floodplain there are a few headwater streams that originate on the site and flow east to Swift Creek. These streams have surface water classifications of WS-III; NSW. Although sanitary sewer service is available to this site, the pump station and force main are currently at capacity and would need upgrades to handle the additional discharge from development of this site. This would not require new easement acquisition. This site also poses an additional expense related to boring a road under the railroad corridor that bisects the site. Construction of the project with the additional infrastructure cost required for this site would not be economically viable. creating experiences through experience 18 of 28 'J MCADAMS INDIVIDUAL PERMIT APPLICATION > OLDIE TOWNE Table 3 summarizes the evaluation criteria of the alternative sites and preferred alternative. Table 3. Site Selection Criteria Site Selection Criteria Preferred Alternative Rivertowne 401/Buffaloe Road Swift Creek Station Project Size Yes Yes Yes Yes Proximity to Target Market Yes Yes Yes Yes Proximity to Utilities Yes Yes Yes Yes Zoning Yes Yes Yes Yes Cost Yes Yes Yes No Practicable Site Yes Yes Yes No 5.2 PROPOSED ACTION AND ALTERNATIVES The preferred alternative, no -action alternative and economically viable off -site alternatives were evaluated to determine the Least Environmentally Damaging Practicable Alternative (LEDPA). The following environmental factors were used to evaluate the practicable alternatives identified: • Total stream impacts (LF), • Total wetland impacts (AC), • Potential cumulative impact (high/medium/low), • Potential impact to Federally listed species (yes/no), and • Potential impact to historic resources (yes/no). Other factors evaluated were project size (high/medium/low) and whether the site had been previously graded (yes/no). The results of the analysis of each practicable site based on these seven factors were used to determine the LEDPA. 5.2.1 PREFERRED ALTERNATIVE The applicant's preferred alternative requires four road crossings to provide safe egress from each pod of development and road improvements to the existing intersection of Rock Quarry Road and S. New Hope Road/Jones Sausage Road. These road crossings involve 570 LF of permanent stream impact for installation of culverts and riprap. Because the stream channel (Stream C) runs parallel to the existing fill slope of the northeast side of Rock Quarry Road, the widening of this road would permanently impact approximately 225 LF of stream that appears to have been straighten as part of the construction of Rock Quarry Road. To minimize this impact, 404 LF of low -quality stream will be realigned using natural channel design techniques to create 359 LF of stable, high quality stream for a net loss of 45 LF. Impacts to wetlands resulting from the project include 0.37 AC for road crossings, 0.31 AC for road improvements and 0.47 AC for mass grading for a total of 1.2 AC. Wetland impacts from partial development of the site under a previous permit total 0.28 AC for a cumulative project total of 1.43 AC. creating experiences through experience 19 of 28 'J MCADAMS INDIVIDUAL PERMIT APPLICATION > OLDIE TOWNE Sufficient sanitary sewer infrastructure to serve the proposed development is present on the project site. Therefore, this alternative does not require installation of sanitary sewer infrastructure off -site that would be expected to spur additional development around the project site. Therefore, the potential cumulative impact for the preferred alternative is rated as low. Habitat assessments and surveys for federally threatened or endangered species were completed and compiled into a review package that was submitted to the US Fish and Wildlife Service (USFWS). The USFWS concurred with biological conclusions of no effect or may affect, not likely to adversely affect for protected species identified on the Official Species List. An environmental review by the State Historic Preservation Office (SHPO) indicated a high probability for pre- colonial American Indian sites given the property's proximity to Walnut Creek but did not identify any historic properties that may be affected by the project. Although the minimum project size is 300 acres, larger sites are most conducive to development of a community with a complete range of residential dwelling options and supporting commercial space and recreational amenities. The preferred alternative is rated as high in regard to Project Size because it is greater than 500 acres. Approximately one-half of the preferred alternative was graded in preparation for development prior to its abandonment due to the economic recession. This alternative utilizes a previously disturbed site. 5.2.2 NO -ACTION ALTERNATIVE One alternative to the proposed project would be for the applicant to avoid jurisdictional impacts by taking no action to develop the site. This alternative would prevent the applicant from developing private property and not achieve the applicant's purpose to create a large-scale, master planned community to meet the demand for residential and commercial space in the Triangle area. 5.2.3 OFF -SITE ALTERNATIVES 5.2.3.1 RIVER TOWNE Impacts for this alternative are based on a previously approved site plan obtained from DWR's Public Record Laserfiche Document Management System and an estimate of impacts required for road improvements to Buffaloe Road designed by McAdams (Figure 22. River Towne Site Plan). River Towne requires three road crossings and road improvements to Buffaloe Road. These road crossings and improvements involve 382 LF of permanent stream impact and 0.40 AC of permanent wetland impact for installation of culverts and riprap and stormwater outlets. In order to provide sanitary sewer service for this alternative, approximately 2.3 miles of off -site gravity sanitary sewer must be constructed within a new easement. This expansion would provide sanitary sewer service to approximately 5,200 acres around this alternative site (Figure 23. River Towne Sewer Expansion). New access to creating experiences through experience 20 of 28 'J MCADAMS INDIVIDUAL PERMIT APPLICATION > OLDIE TOWNE sanitary sewer service would be expected to spur additional high -density development that warrants a high rating for potential cumulative impacts. A preliminary review of the USFWS Official Species List and element occurrences reported by the NC Natural Heritage Program database was conducted for this site. From a desktop review, suitable habitat for protected species does not appear to be present on the site except for approximately 800 feet of a powerline easement suitable for Michaux's sumac. The nearest known occurrence of this species is approximately 3.5 miles southwest of the site. Since a Nationwide permit was previously issued for this site, development of this alternative would not be expected to affect federally protected species. A review of NC Historic Preservation Office's HPOWEB 2.0 indicates the presence of the Battle C. Jones House on this site. However, this house was determined ineligible for listing on the National Register in 2013. Therefore, this alternative would not be expected to affect historic resources. Although the minimum project size is 300 acres, larger sites are most conducive to development of a community with a complete range of residential dwelling options and supporting commercial space and recreational amenities. At 307 acres, this alternative is rated as low for its suitability for project size. Although previously permitted for development, this site has not been disturbed by mass grading. This alternative does not utilize a previously disturbed site. 5.2.3.2 401/BUFFALOE ROAD A delineation of jurisdictional areas was not available for this site. The extent of streams on the site were estimated from available sources including the USGS topographic map, Wake County Soil Survey, flood prone soils, LIDAR elevation data, National Wetlands Inventory map and aerial photography. No wetland areas were identified by the available information on the site. This alternative would require four roading crossings to provide safe egress and access to the upland areas of the site. Based on the presence of Wehadkee soils along the drainageways through the site, jurisdictional wetland areas are presumed present in these areas. It is estimated that 508 LF of stream for culvert and riprap installation and 0.40 acres of wetlands would be impacted by development of this site (See Figure 24. 401/Buffaloe Road Site Assessment). Providing sanitary sewer service for this site requires upgrades to off -site gravity sewer, force main and a pump station. These upgrades will allow future high -density development connections to an additional 92 acres by gravity sewer and 380 acres west of 401 that would be able to pump over to this discharge basin (Figure 25. 401/Buffaloe Road Sewer Expansion). The potential cumulative impact for this alternative was rated as medium based additional development that would be possible by sewer expansion to these new areas. A preliminary review of the USFWS Official Species List and element occurrences reported by the NC Natural Heritage Program database was conducted for this site. From a desktop review, suitable habitat for protected creating experiences through experience 21 of 28 'J MCADAMS INDIVIDUAL PERMIT APPLICATION > OLDIE TOWNE species does not appear to be present on the site. Development of this alternative would not be expected to affect federally protected species. A review of NC Historic Preservation Office's HPOWEB 2.0 indicates the Dr. L. J. Faulhaber Farm is present on the site. A determination of eligibility under Criterion A was prepared for this farm complex in 2014. Development of this site would affect this resource. This site has not been disturbed by mass grading and does not utilize a previously disturbed site. 5.2.4 LEAST ENVIRONMENTALLY DAMAGING PRACTICABLE ALTERNATIVE (LEDPA) Table 4 summarizes the alternatives analysis. Considering the seven factors described at the beginning of Section 5.2, the applicant's preferred alternative is the least environmentally damaging practicable alternative (LEDPA) that would meet the overall project purpose. Table 4. Alternative Analysis Summary FACTORS No Action Alternative Applicant's Preferred Rivertowne 401/Buffaloe Road Environmental Factors Stream Impacts (LF) None 615' 382' 508' Wetland Impacts (AC) None 1.432 0.40 0.32 Potential Cumulative Impact NA Low High Medium Federal Endangered Species NA No No No Historic Resources NA No No Yes Other Factors Property Size NA High Low Low Previous Grading Disturbance NA Yes No No LEDPA No Yes No No 1 These are permanent impacts from culvert and riprap installation Z Includes permanent impacts of 0.28 AC completed under a previous permit 6.0 AVOIDANCE AND MINIMIZATION 6.1 ON -SITE ALTERNATIVES 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 that this plan was not the LEDPA due to 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 avoid wetlands as shown on Figure 26. Original Site Development Plan. Approximately 700 LF of stream and 2.5 AC of wetland impacts were avoided by the revisions to the final plan. An Alternative Site Development Plan (Figure 27) was developed to refine the development plan and further minimize impacts. This plan included four additional road crossings that the City of Raleigh requires based on creating experiences through experience 22 of 28 'J MCADAMS INDIVIDUAL PERMIT APPLICATION > OLDIE TOWNE development block perimeters. This alternative site plan was not the LEDPA due to 1.64 AC of wetland and 1,165 LF of stream impacts. A waiver of these requirements will be requested to avoid 0.207 AC of wetland and 550 LF of stream impacts. 6.2 PREFERRED ALTERNATIVE JURISDICTIONAL + RIPARIAN BUFFER IMPACTS The final site plan is shown on the Overall Impact Area Map (Figure 28) and serves as a key for the Grading Plan (Figure 29-31) and Impact Area Insets A — K (Figures 32-42). Jurisdictional stream and wetland and riparian buffer impacts (Table M1 and M2) for the preferred alternative are summarized in Attachment M. There are four road crossings that are unavoidable due to three tributaries bisecting the site. These crossings are the minimum number of crossings required to provide safe egress (i.e. two ways of egress for each upland development pod) and were designed to cross perpendicular to each channel to minimize stream and riparian buffer impacts. Impact Areas A and E (Stream B and G) are necessary to construct the mixed -use street from S. New Hope Road across the project site to Barwell Road required by the City of Raleigh's Street Plan. This proposed road must be a two-lane, undivided avenue with an on -street greenway. Road crossings shown as Impact Area B (Stream R) and D (Stream F and O) are required to provide two means of egress from the northwest corner of the site. 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 (See NCSAM forms for SAR D-1 and D-2 in Attachment L) instead of impacting the high -quality downstream portion of the stream. All culverts will be designed to maintain the dimension, pattern and profile of the stream and will buried one foot below the stream bed to maintain aquatic life passage. The four road crossings will be completed in Phase 2 of the project. A culvert cross-section for the road crossing at Impact Area A is provided as an example of the measures to be implemented for each proposed road crossing (Figure 43). Because these road crossings will not be completed in Phase 1 of the project, final culvert designs have also not been completed. The applicant requests final design of road crossings and culvert designs be provided as a special condition of the permit. The majority of Wetland O is proposed to be impacted by mass grading (Impact Area E-G). With a mass grading project, the linear shape and location of this wetland combined with the necessity for functional road network makes the impact impractical to avoid. Similarly, 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. Road improvements are required at the intersection of Rock Quarry Road and S. New Hope/Jones Sausage Road. Impact Area H shows a portion of two wetlands (KK and Z) located along the toe of the existing fill slope of the road that will be impacted by road widening. The existing culvert on Stream C will also need to be extended at this intersection. 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 1). As previously mentioned in section 5.2.1, this low -quality stream reach creating experiences through experience 23 of 28 'J MCADAMS INDIVIDUAL PERMIT APPLICATION > OLDIE TOWNE will be realigned using natural channel design. Planting plan and J-hook log vane details are provided on Figure 44. 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 is provided in Attachment N. The preferred alternative as proposed would result in the following total jurisdictional impacts: • 368 LF of permanent, perennial stream loss, • 247 LF of permanent, intermittent stream loss, • 431 LF of permanent, perennial stream impact with no loss (riprap dissipators/stream realignment), • 37 LF of permanent, intermittent stream impact with no loss (riprap dissipators/stream realignment), • 47 LF of temporary, perennial stream impact, • 18 LF of temporary, intermittent stream impact, • 1.154 AC of permanent, wetland impact and • 0.012 AC of temporary, wetland impact. Permanent stream impacts for the proposed project total 1,083 LF and temporary stream impacts total 65 LF. Installation of previously permitted, sanitary sewer line resulted in 30 LF of perennial stream impact and 115 LF of intermittent stream impact for a total of 145 LF of previously permitted and completed temporary stream impacts. The proposed project would increase the cumulative temporary perennial stream impacts to 77 LF and intermittent stream impact to 133 LF. The proposed permanent wetland impact of 1.154 AC combined with previously permitted wetland impacts (0.283 AC) brings the cumulative, permanent wetland impact for the proposed project to 1.437 AC. The project will also permanently impact 44,901 SF of Zone 1 and 31,676 SF of Zone 2 riparian buffer 7.0 COMPENSATORY MITIGATION As previously discussed in section 3.4.2, assessments were completed for each permanent, jurisdictional impact area. Mitigation ratios proposed for each impact listed in Table M1 (Attachment M) reflects the results of these quality assessments except for the loss from the stream realignment (Impact Area I — S18). Because no mitigation was proposed for 130 LF of the impacted stream, no mitigation is proposed for 40 LF of stream loss from the realignment. A total of 580 LF of stream credits and 1.9835 AC of riparian wetland credits are proposed to mitigate the project'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. creating experiences through experience 24 of 28 'J MCADAMS INDIVIDUAL PERMIT APPLICATION > OLDIE TOWNE Impact Areas H and I are the only impacts located within Phase 1 of the project requiring 35 LF of stream and 0.3110 AC of wetland mitigation credits. These stream credits have already been paid with 265 LF of paid stream credits remaining for Phase 2 of the project. After deducting the remaining wetland credits that have been paid but unused, 0.1188 AC of wetland credits need to be purchased for Phase 1 of the project. Mitigation required for Phase 2 of project consists of 545 LF of stream and 1.6725 AC of wetland credits. After deducting the remaining stream credits that have been paid but unused by the original project and Phase 1 of the proposed project, 280 LF of additional stream credits and the entire amount of wetland credits (1.6725 AC) need to be purchased for Phase 2 of the project. Because road crossings shown as Impact Areas A and E (Stream B and G) include a greenway, they each exceed one- third of an acre of buffer impact and require buffer mitigation. The road crossing shown as Impact Area B (Stream R) crosses the riparian buffer perpendicularly but buffer impacts exceed one-third of an acre and require buffer mitigation. Road crossing D (Stream F and O) crosses the riparian buffer perpendicularly, impacts less than one-third of an acre of buffer and does not require buffer mitigation. These road crossings are proposed to be completed in Phase 2 of the project. Road improvements are required at the intersection of Rock Quarry Road and S. New Hope/Jones Sausage Road are proposed to be completed in Phase 1 of the project. As shown on Impact Area H, the existing culvert on Stream C will need to be extended at this intersection. The existing alignment of the road across the stream is not aligned perpendicularly and requires buffer mitigation. The road widening on the northwest side of S. New Hope Road does not require buffer mitigation because it is perpendicular to the buffer and less than one-third of an acre of buffer impact. Widening of Rock Quarry Road will also impact a stream (C) that runs parallel and close to the fill slope of the existing road (Impact Area 1). As previously mentioned in section 5.2.1, this low -quality stream reach will be realigned using natural channel design. This realignment will create a more stable channel with a larger left bank riparian buffer resulting in a functional uplift to the stream. Non perpendicular impacts to the newly established buffer will require buffer mitigation. Table M2 within Attachment M lists the buffer mitigation required for each proposed impact. The applicant requests that buffer mitigation be paid prior to commencement of the phase of construction. Buffer mitigation credits for Phase 1 (Impact Area H and 1) and Phase 2 (Impact Area A, B, D and E) total 10,920 SF and 137,540 SF, respectively. 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 is provided in Attachment O. Stream mitigation credits are currently not available from private mitigation banks. However, stream mitigation is not required for Phase 1 as discussed above. Prior to beginning any impact to streams in Phase 2, stream mitigation credits will be obtained creating experiences through experience 25 of 28 'J MCADAMS INDIVIDUAL PERMIT APPLICATION > OLDIE TOWNE from a private mitigation bank or NC Division of Mitigation Services if stream credits are not available from a private bank. 8.0 ENDANDGERED SPECIES ACT On July 12, 2019, McAdams used the US Fish and Wildlife (USFWS) Information for Planning and Consultation (IPaC) website to obtain a list of threatened and endangered species that may occur in the proposed project location and/or may be affected by the proposed Olde Towne residential project. This process generates an Official Species List that is summarized in Table 5. Critical Habitat was not identified within one mile of the project area. A list of natural heritage resources was obtained from the NC Natural Heritage Program (NCNHP) on August 14, 2019. Table 5. Federally Protected Species for the Project Study Area (7/12/2019) Scientific Name T Common Name Federal Status Birds Picoides borealis Red -cockaded Woodpecker Endangered Amphibians Necturus lewisi Neuse River Waterdog Proposed Threatened Fishes Noturus furiosus Carolina Madtom Proposed Endangered Clams Fusconaia masoni Atlantic Pigtoe Proposed Threatened Alasmidonta heterodon Dwarf Wedgemussel Endangered Flowering Plants Rhus michauxii Michaux's Sumac Endangered The protected species assessment concluded that suitable habitat for certain federally protected species was present within the project area. McAdams staff evaluated the site for potential protected species habitat and conducted a survey on August 15, 2019 and August 21, 2019. Michaux's sumac was not observed during field surveys conducted by McAdams resulting in a biological opinion of "may affect, not likely to adversely affect". A biological opinion of "no effect" was determined for the red -cockaded woodpecker due to the lack of suitable habitat. A biological opinion of "may affect, not likely to adversely affect" was determined for the Neuse River waterdog, Carolina madtom, Atlantic pigtoe, and dwarf wedgemussel based on the project's avoidance of Walnut Creek and its associated wetlands, floodplain and riparian buffer. The assessment also determined that no Eagle Act permit would be required for the project. A review package, including a self -certification letter, was submitted to the USFWS on September 9, 2019 (Attachment P). John Ellis with the USFWS confirmed that, in addition to the maintained rights -of way, the disturbed areas of the site were surveyed and concurred with the determinations of the assessment. creating experiences through experience 26 of 28 'J MCADAMS INDIVIDUAL PERMIT APPLICATION > OLDIE TOWNE After it was determined that the commercial district by others would be included with Olde Towne residential development project, a habitat evaluation for federally protected species was conducted. The only suitable habitat present on the commercial property was maintained right -of way and disturbed areas for Michaux's sumac. McAdams staff conducted a field survey of these areas on October 25, 2019 and did not find individuals of Michaux's sumac. An updated Official Species List was requested on January 3, 2020, which did not contain any species that were not identified by the list obtained on July 12, 2019 (Attachment P). 9.0 NATIONAL HISTORIC PRESERVATION ACT An Environmental Review request was sent to SHPO on August 2, 2019 to solicit their comments on potential impacts to historic and cultural resources that may result from the proposed project. In a letter dated September 10, 2019 the SHPO stated, "There are no recorded archaeological sites located within the proposed project area. However, there is a high probability for pre -colonial American Indian sites to be present given the property's proximity to Walnut Creek. The 1914 Wake County Soil Survey map also shows four structures in the proposed project area, that may contain associated archaeological remains." SHPO recommended a comprehensive archaeological survey and that the project will not have an effect on any historic properties. Their response is provided in Attachment Q. Guidance regarding the action areas for the proposed project that are subject to SHPO review is requested. 10.0 STORMWATER MANAGEMENT The proposed development shall be subject to the stormwater management requirements set forth in Section 9.2.2. of the City of Raleigh regulations. Per City of Raleigh regulations, stormwater management on this site shall address two primary issues: (1) peak discharge rates and (2) water quality management. 10.1 PEAK RUNOFF CONTROL REQUIREMENTS To mitigate impacts from proposed development compared to the predevelopment conditions (prior to 2007 mass grading) at the points of analysis, eleven stormwater control measures are proposed and will be designed to attenuate peak flows such that post -development peak flow rates are reduced below the pre -development rates in the 2- and 10-year storm events. A portion of the site drains directly to a FEMA 100-year floodplain located on -site. Detention will not be provided where the site discharges directly to the floodplain as a detained flow would compound with the much larger watershed and have an adverse impact downstream. 10.2 POLLUTANT AND NUTRIENT CONTROL REQUIREMENTS The eleven proposed stormwater control measures will be designed to meet the water quality design requirements in the NC Stormwater BMP Manual. The site will meet the nitrogen loading rate target 3.6 Ibs/ac/yr through on -site treatment and nutrient offset credits. 11.0 CUMULATIVE IMPACTS A residential development of this size would be expected to induce additional commercial and retail development in the area around the project site to serve the large number of residents anticipated. This area is located within the creating experiences through experience 27 of 28 'J MCADAMS INDIVIDUAL PERMIT APPLICATION > OLDE TOWNE City of Raleigh's planning jurisdiction, which has developed a program to meet the Neuse Nutrient Sensitive Waters Strategy and Phase II post -construction stormwater requirements. Therefore, this additional development is not anticipated to impact downstream water quality. Although Walnut Creek is listed on the 2018 Final 303(d) List for copper and PCB fish tissue advisory, the proposed project is not anticipated to contribute to these parameters of interest. Additionally, future buffer authorizations will be required for some stormwater outlets in Phase 1 and all of those in Phase 2 that have not yet been designed. 12.0 CONCLUSIONS In conclusion, the site selection and alternatives analyses resulted in the selection of the preferred alternative as the LEDPA. Impacts to jurisdictional streams, wetlands and buffers have been minimized to the maximum extent practicable by altering the original site design to reduce road crossings, installing culverts to maintain aquatic life passage, and minimizing mass grading impacts to the greatest practicable extent. The resulting site design allows the project purpose and need to be fulfilled while minimizing impacts to Water of the U.S. creating experiences through experience 28 of 28