20211564 Ver 1_01_Sunnybrook PCN Cover Letter_20211028

Kimley»>Horn
October 29, 2021
Mr. Lyle Phillips
U.S. Army Corps of Engineers
Raleigh Regulatory Field Office
3331 Heritage Trade Drive, Suite 105
Wake Forest, NC 27587
Mr. Rick Trone
NC Division of Water Resources
401 & Buffer Permitting Unit
512 North Salisbury Street
Raleigh, NC 27604
RE: Nationwide Permit 29 Application — Sunnybrook Apartments Project
Raleigh, Wake County, North Carolina
Dear Mr. Phillips and Mr. Trone:
On behalf of our client, Halle Acquisitions, LLC, who is under option to purchase the two contiguous
properties currently owned by the Wal-Mart Stores East LP LTD PTNRP (See attached Figure 5:
Project Property Parcels Map), Kimley-Horn is submitting the attached application for authorization
under Nationwide Permit (NWP) 29 for the above referenced project in Wake County, NC. The project
proposes to construct a multi -family residential development located north of Rock Quarry Road and
east of Sunnybrook Road in Raleigh, NC. Access is proposed to be provided by a driveway along
Rock Quarry Road and two driveways along Sunnybrook Road, as well as interior roadways and
walking paths. Various amenities such as a clubhouse and pool are also included as a part of the
proposed site plan.
Kimley-Horn staff delineated the project study area on January 7, 2021 and identified three
jurisdictional streams (S1, S2, and S3) and two jurisdictional wetlands (W2 and W3). An Approved/
Preliminary Jurisdictional Determination (SAW-2021-00812) was issued by Lyle Phillips of the
USACE on July 8, 2021. A Buffer Determination (NBRRO #21-125) was issued by Andy Kiley of
NCDWR on June 2, 2021.
The project design has been modified to avoid and minimize impacts to jurisdictional features to the
extent practical. However, the project will result in unavoidable permanent impacts to wetland W3 will
result from the necessary paving, grading and construction of the multi -family residential
development and associated parking. In total, the project proposes approximately 0.15 acre of
permanent wetland impacts at Site 1. Unavoidable permanent impacts to the protected riparian buffer
associated with stream S2 (UT to Walnut Creek) will result from the necessary grading to construct
the multi -family residential development and associated stormwater pond. The proposed grading will
be reseeded upon completion of the project. In total, the project proposes 306 square feet of

Kimley»>Horn
Page 2
permanent impacts to Buffer Zone 2 at Site 2. Riparian buffer impacts resulting from grading and
revegetation are "Deemed Allowable" in Buffer Zone 2 per the Neuse Basin Buffer Rules Table of
Uses.
The project proposes to purchase compensatory mitigation credits at a 2:1 ratio for the 0.15 acre of
unavoidable impacts to wetland W3. To offset these losses, wetland credits have been reserved
through WLS Neuse 01 Umbrella Mitigation Bank (Water & Land Solutions, LLC). The Statement of
Availability from the WLS Neuse 01 Umbrella Mitigation Bank has been included as part of this
application.
To assist in your review of this NWP application, the following information has been included:
• PCN Application Form
• Signed Agent Authorization Form
• Figures
• Mitigation Bank Statement of Availability
• Approved/Preliminary Jurisdictional Determination (SAW-2021-00812)
• NCDWR Buffer Determination Letter (NBRRO #21-125)
• Permit Impacts Drawings
• Plan Sheets
• NCDWR 401 Application Fee of $240
If you need any additional information to assist in your review of this NWP application, feel free to
contact me at 919-677-2215 or Emma. [e-mail].
Sincerely,
5?.trr.Gt-
Emma Radford, WPIT