20220518 Ver 1_More Information Received_20220622

Staff Review Form
NORTH CAROLINA
Envlronm¢ntcl Qvofiry
Updated September 4, 2020
Staff Review
Does this application have all the attachments needed to accept it into the review process?*
Yes No
ID#*
20220518
Version* 1
Is this project a public transportation project?*
Yes
• No
Reviewer List: * Sue Homewood:eads\slhomewood
Select Reviewing Office: *
Winston-Salem Regional Office - [phone]
Does this project require a request for payment to be sent?*
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No

Project Submittal Form
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mandatory questions are answered.
Project Type: *
For the Record Only (Courtesy Copy)
New Project
Modification/New Project with Existing ID
More Information Response
Other Agency Comments
Pre -Application Submittal
Re-Issuance\Renewal Request
Stream or Buffer Appeal
Pre -Filing Meeting Date Request was submitted on:
8/30/2021
Is this supplemental information that needs to be sent to the Corps?*
Yes No
Project Contact Information
Name:
Troy Beasley
Who is submitting the information?
Email Address: [e-mail]
Project Information
Existing ID #:
20220518
20170001 (no dashes)
Project Name: Legacy -Cary
Is this a public transportation project?
Yes
No
Existing Version:
1
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County (ies)
Wake
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Legacy Cary -Response to USACE-NCDWR Request
for Additional Information_2022-06-21.pdf
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34.65MB
Formal response to USACE & NCDWR Requests for Additional Information

Sign and Submit
By checking the box and signing box below, I certify that:
• I, the project proponent, hereby certifies that all information contained herein is true, accurate, and complete to the
best of my knowledge and belief.
• I, the project proponent, hereby requests that the certifying authority review and take action on this CWA 401
certification request within the applicable reasonable period of time.
• I agree that submission of this online form is a "transaction" subject to Chapter 66, Article 40 of the NC General
Statutes (the "Uniform Electronic Transactions Act");
• I agree to conduct this transaction by electronic means pursuant to Chapter 66, Article 40 of the NC General
Statutes (the "Uniform Electronic Transactions Act");
• I understand that an electronic signature has the same legal effect and can be enforced in the same way as a
written signature; AND
• I intend to electronically sign and submit the online form.
Signature:
Submittal Date: Is filled in automatically.

M• WithersRavenet
IMOOur People.Your Success.
June 21, 2022
US Army Corps of Engineers NC-Division of Water Resources
Raleigh Regulatory Field Office 401 & Buffer Permitting Unit
Ms. April Norton Ms. Sue Homewood
3331 Heritage Trade Drive 1617 Mail Service Center
Suite 105 Raleigh, NC 27699
Wake Forest, NC 27587
Re: Legacy Cary (Twyla Rd) - USACE/NCDWR Request for Additional Information Response
Cary, Wake County
USACE AID: SAW-2018-02111
NCDWR Project#20220518
WR Project#02170857.10
Dear Ms. Norton and Ms. Homewood,
This letter is in response to the USACE Request for Additional Information letter dated 5/19/2022
and NCDWR Request for Additional Information letter dated 5/11/2022. Below are the
comments for each of the letters and our responses which are based on the discussions at our
meeting on 6/6/2022:
USACE Request for Additional Information Letter(5/19/2022)
A.i. The Corps disagrees with your stated Purpose and Need,given that the term"affordable housing"
is not defined. Please note that the Corps makes the final determination regarding Basic and
Overall Purpose and Need for a project. Based on your application, we have determined the
Purpose and Need of your project to be the following:
Basic: To construct a mixed-use, multifamily apartment complex and commercial/retail
development.
Overall: To construct a mixed-use multifamily apartment complex and commercial/retail
development to meet the existing housing demand in Town of Cary and Wake County.
As discussed during the 6/6/2022 meeting, we are revising the project Purpose and Need to
eliminate the reference to "affordable workforce housing."
The revised Purpose and Need is:
To construct a mixed-use, multifamily apartment complex and commercial/retail development to
provide alternative housing options for people who want to live in the Town of Cary but cannot
afford to purchase a home due to high real estate prices.
Currently, the median home sale price in the Town of Cary is in excess $600,000 (per
www.Redfin.com on 6/17/2022) resulting in a significant barrier for entry into home ownership.
These levels of high real estate prices persist throughout Wake County. Based on current interest
rates (5.91%) on a 30-year mortgage with 20% down ($120,00), the monthly mortgage payment
would be $2,850 per month before taxes and insurance. And interest rates continue to go up
making the purchase of a home even more expensive. The current monthly cost of home
219 Station Road,Suite 101 I Wilmington,NC 28405
t:910.256.9277 I www.withersravenel.com I License No. F-1479
Asheville I Cary I Charlotte I Greensboro I Lumberton I Pittsboro I Raleigh I Southern Pines I Wilmington

Legacy Cary - IP - Response to Requests for Additional Info , WitherSRavene l
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ownership is more than 30% higher than the projected average rents for the proposed apartment
complex. The proposed project will provide a garden style apartment community which will offer
a quality home to the residents of Cary who cannot afford to purchase a home in Cary.
The applicant also has a "Preferred Employer Program" (PEP) for all of their properties. The PEP
offers special incentives for employees of specific businesses/organizations in the geographic area
of a property. The PEP incentives include a waived application fee and 50% off the security
deposit,which provides a significant savings for residents who are part of the Triangle work force.
For the Cary Legacy property,the designated employers for the PEP program will be: NCSU,Cisco,
John Deere, MetLife, ABB, Epic Games, Wells Fargo, Duke Progress Energy, Verizon, SAS, IBM,
Relias Learning, Wake County Healthcare Professionals, State/Federal Employees, Wake County
Schools, Duke, UNC,Wake Med and Rex Hospitals, Duke University, University of North Carolina
at Chapel Hill, Sapiens Americas, Dataflux, Red Hat and Research Triangle Park.
A.ii. For the offsite alternatives analysis, several siting criteria presented are not adequately justified
in the application:
a. The terms"Size/Yield"were used but not adequately explained, and it is unclear what the size
requirements are for potentially smaller sites that may use a parking deck to minimize impacts.
The"Size/Yield"criterion established the minimum size requirement for feasible sites as-20 acres
of usable area to yield 300-500 multifamily units. A simple straight density calculation of 15-20
units per acre is used for garden style apartments. The density calculation allows for quick
evaluation of sites to determine if they can potentially yield the required 300-500 minimum units to
be feasible. While the initial density calculation may determine that a site could potentially provide
the necessary units, other factors that reduce the usable area and unit yield must be evaluated.
These factors include configuration/dimensions of the site, zoning setbacks, potential streams,
wetlands,and riparian buffers(based on publicly available GIS data), FEMA floodplain,topography,
sufficient area for stormwater management, etc. The attached revised Alternatives Analysis has
been revised to provide additional explanation of the basis for the "Site/Yield" site selection
criteria.
The "potentially smaller sites," which are Alternative Site 3 (Macedonia Rd) and Alternative Site 4
(Kit Creek Rd), were initially included in the Offsite Alternatives Analysis to demonstrate that the
applicant had evaluated numerous sites within Cary for the proposed project, including smaller
sites through the use of parking structures. Since these smaller sites were eliminated by the
applicant for several reasons, site planning and costs estimates for a parking structure were not
completed and cannot be provided. Therefore,Alternative Site 3 (Macedonia Rd) and Alternative
Site 4 (Kit Creek Rd) have been eliminated from the attached revised Alternatives Analysis.
b. "Access"is used as a siting criterion;however,it is not clear that to be a practicable alternative,
a multifamily housing and commercial development must be located within Y mile of an
interstate.
Per our discussion out the 6/6/2022 meeting, all of the offsite alternative sites met the "Access"
criterion. Therefore, we have eliminated the "Access" criterion from the attached revised
Alternatives Analysis.
c. "Visibility"is used as a siting criterion;however,this criterion seems restrictive for the proposed
project as it is not measurable. Please elaborate on the required distance for visibility from
major roads and provide supporting documentation.
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The applicant's "Visibility" criteria is not based on a specific required distance from major roads.
The "Visibility" criteria is based on a site having frontage along a heavily traveled road with direct
line of sight of the buildings for commuters passing by the development.
Visibility is a key component of a multifamily site evaluation because it is important for prospective
residents to be able to easily see the property, not just the signage, from the road. A quality built
property visible as one passes by on the road adds to the overall attractiveness of a development.
It should also not be underestimated that strong visibility from a heavily travelled road results in
potential residents driving by the property stopping in for impromptu tours or will note the
property name and call back to schedule a tour. Based on the applicant's extensive expertise in
the rental multifamily developments, apartment complexes with visibility from primary traffic
routes have a substantially faster leasing rate than those developments that do not have visibility
from primary traffic routes. The ability to quickly lease a property to a high occupancy rate also
affects the applicant's ability to refinance an apartment complex development from a construction
loan to a commercial loan.
The Visibility criterion is even more important to the commercial/retail component of the
proposed project. The commercial lot on the west side of Twyla Rd will be developed as a hotel
as shown in the revised Impact Maps (attached). The users/business types for two "future
commercial" lots on the east side of Twyla Rd have not been determined to date. However, the
approved Planned Density Development (PDD) for the project site allows nonresidential
(commercial/retail) uses on the future commercial lots such as restaurants, banks, ABC stores,
convenience stores, small shopping centers, indoor recreation, retail stores, wellness centers, etc.
All of these potential uses/businesses rely on visibility from a heavily traveled road for exposure
to attract customers/patrons. Visibility is a key component of the success for any type of
commercial/retail business that would be located on these future commercial lots.
It should be noted that the Town of Cary has a sign ordinance(Chapter 9 of the Land Development
Ordinance) that has restrictions on the location, size, and height of signage. The sign ordinance
prohibits signs in the ROW, and also requires signs for multifamily developments be no more than
42" in height and no more than 32 sf in area. As an example, 32 sf sign would be an 8' long x 4'
tall sign,which cannot be higher than 42"off the ground and must be located outside of the ROW.
This results in small signage for the apartment complex and commercial/retail businesses, making
visibility from a heavily travelled road even more important for the ability to quickly lease the
apartment complex and success of the commercial/retail businesses within the development.
The revised Alternative's Analysis has been updated to provide additional explanation of the
"Visibility" criterion.
d. "Utilities"is used as siting criterion; however, this criterion does not provide any information
pertaining to the differences to provide utilities to all alternatives, if needed. A cost
comparison should be provided for each alternative.
The availability of utilities immediately adjacent to a potential site is a particularly important
criterion when determining a feasible site. The general cost to construct a water main is
approximately $160/LF and the general cost to construct a gravity sewer line is approximately
$455/LF, with some variability in cost depending on the size and type of pipe used.
The proposed project site (Twyla Rd) and Alternative 1 (Alston Ave) had existing water and sewer
immediately adjacent and therefore, there were no additional costs associated with connecting to
these utilities.
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There are no existing water or sewer lines immediately adjacent to Alternative Site 2 (Green Level
West Road). At the time of the applicant's evaluation of Alternative Site 2, the nearest existing
water main was located approximately 5,000 LF west and the nearest existing sewer line was
located approximately 1,100 feet west of the site. In order to develop this site,the applicant would
be responsible for cost of constructing these utilities to the site. Based on the applicant's
discussion with their contractors, construction of the water main to the site would be $800,000
($160/LF x 5,000 LF) and construction of the gravity sewer line to the site would be $500,000
($455/LF x 1,100 LF). This represents a total cost of $1.3 million to bring utilities to Alternative
Site 3. This is a substantial additional cost which renders this site financially unfeasible and
therefore Alternative Site 3 not a viable alternative site.
The"Utilities"criterion in the Alternatives Analysis has been revised to provide the requested cost
information for each site for comparison.
e. If 20 acres of developable upland is required for the proposed project,please explain why off-
site areas that offered less than 20 acres of developable upland were assessed. This is a basic
requirement that should be met for all alternatives for them to be considered.
The sites smaller than 20 acres included in the Alternatives Analysis were Alternative Site 3
(Macedonia Road)and Alternative Site 4(Kit Creek Road). These sites were included in the original
Alternatives Analysis to demonstrate that the applicant had completed an extensive evaluation of
various sites for their proposed project with alternative product styles. Per our discussion at the
6/6/2022 meeting, we have eliminated Alternative Site 3 (Macedonia Road) and Alternative Site
4 (Kit Creek Road) from the Alternatives Analysis. The revised Alternatives Analysis has been
provided as an attachment.
f. The Corps is interested in additional information referencing Alternative Site 1 - Alston
Avenue, as it appears this would be the least environmentally damaging alternative resulting
in no impacts to waters of the US. Specifically, explain if site size requirements would be met
if a parking deck were used for the site. Also, please provide a cost estimate to import fill for
the site.
The applicant's site selection process begins with initial due diligence of sites based on publicly
available information, such as the Wake County iMaps website. The applicant evaluated
Alternative Site 1 (Alston Avenue) in 2017. Based on Wake County iMaps, there are five streams
and a pond shown on the site. At the time of evaluation, the applicant had to assume that these
features existed and were likely jurisdictional to the USACE/NCDWR. Therefore, the initial due
diligence evaluation determined that development of this site and would result in approximately
1,550 LF of stream impacts and 1.0 acre of pond impacts, which would have been more impacts
than the preferred alternative site (Twyla Road), which results in 1,087 LF of permanent stream
impacts and 0.442 ac of permanent wetland impacts). The previous Alternatives Analysis in the
original IP application discussed the wetland delineation and USACE/NCDWR verifications
completed by WithersRavenel for Alternative Site 1 (Alston Ave). However, WithersRavenel
completed the delineation/agency verifications for another developer after the applicant had
eliminated this site. Therefore, the applicant had no knowledge that this site did not have any
jurisdictional features during their due diligence investigation. Therefore, we have eliminated the
discussion of the WithersRavenel delineation and agency approvals in the alternatives analysis, as
this was completed for another developer after the applicant moved on from the site and therefore
had no bearing on the applicant's evaluation of the site. Alternative Site 1 (Alston Ave) has since
been purchased by another developer and is no longer an option as an alternative site.
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Since the applicant's initial due diligence determined Alternative Site 1 (Alston Ave) was not a
suitable site,a formal grading plan was not completed,so we are unable to provide an estimate for
the cost to import fill to the site.
The attached Alternatives Analysis has been revised to include this information in the analysis for
Alternative Site 1 (Alston Ave).
B.i. Please provide additional information regarding the Stockwell Lane extension. Specifically,could
the Stockwell Lane extension be used as primary access for the proposed development, thereby
eliminating the need to relocate Twyla Road.
Per the Town of Cary's requirements, the project site must have two points of access, both for
efficiency of traffic patterns and emergency access. Therefore,the Stockwell Lane extension must
be constructed even if Twyla Road was not relocated/improved.
Twyla Road must be connected to the Morrisville Parkway traffic circle per the Town of Cary's
approved PDD for the project. An excerpt from the approved PDD documenting this connection
requirement is attached.
Additionally, Morrisville Parkway is a NCDOT controlled access road, and NCDOT approved a
controlled access break at the traffic circle for the Twyla Road connection as documented in the
attached emails from NCDOT.
B.ii Could additional avoidance and minimization be achieved by relocating Stream 1 on either side
of Twyla Road.
Relocation of Stream 1 to the west side of the improved Twyla Road is not feasible onsite
alternative because it would require the stream to be relocated onto a parcel not owned by the
applicant. If Stream 1 were relocated to the west side of Twyla Road,the 50'Jordan Lake Riparian
Buffers and 100' Town of Cary Urban Transition Buffers would encumber most of this parcel,
rendering the parcel unusable. Additionally, relocation of Stream 1 to the west would result in
only short sections of open channel, with the majority of the stream still being piped to allow for
construction of the western parking area and SCM. Therefore,the relocated portions of Stream 1
would have little functional value thereby not resulting in any significant minimization of impacts
to Stream 1, and the functional value of Stream 1 is better served through provision of mitigation
in a regionally significant mitigation site.
Relocation of Stream 1 to the east side of the improved Twyla Road is not a feasible onsite
alternative because the 50' Jordan Lake Buffers and 100' Town of Cary Urban Transition Buffers
would be pushed further into the eastern portion of the project site. This would greatly reduce
the developable area within the eastern portion of the project site, resulting in the elimination of
several buildings and parking which would reduce the total unit yield to well below the 300 unit
minimum necessary for the project to be feasible.
The attached Alternatives Analysis has been revised to include this information in the onsite
alternatives analysis.
B.iii Regarding the Twyla Road improvements and Stockwell Lane extension, could additional
avoidance and minimization of streams and wetlands be achieved by bridging?
Based on information provided by WithersRavenel engineers familiar with the cost of bridge
construction, the general cost for construction of a two-lane concrete bridge is approximately
$8,000/LF.
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Bridging the Stockwell Lane extension to avoid impacts to Streams 2 & 3 would require a 250 LF
bridge to connect to the existing Stockwell Lane road stub and span the entirety Streams 2 &3 to
avoid impacts. The approximate cost of the bridge would be $2 million. There would also be
additional costs resulting from having to hire a bridge contractor to construct the bridge.
Please note the proposed project has not been issued for bid,so the actual cost of construction of
the Stockwell Lane as proposed (traditional culverted road) is not known at this time. However,
based on industry standard costs for similar roadways, the approximate cost of construction is
$250/LF. Construction of this same 250 LF section of Stockwell Lane is approximately $62,500.
Also, assuming $100,000 cost for necessary additional fill and $200,000 for the approximate cost
of the two culverts, the total approximate cost for construction of Stockwell Lane as a traditional
culverted road would be around $362,500. The cost of a bridge is over 5 times higher than the
cost of a traditional culverted road. Therefore, bridging the Stockwell Lane extension is not a
practicable onsite alternative due to the $2 million cost.
In order to utilize a bridge for the Twyla Road improvements, a 950 LF bridge would be required
to avoid impacts to Stream 1,which would cost approximately$7.6 million. This design would also
result in Stream 1 being located beneath the bridge for the entire length of the bridge, resulting in
secondary impacts such as shading.
The cost of construction of the improvements to Twyla Road at the $250/LF is approximately
$237,500. Also, assuming $300,000 cost for bringing in additional fill to construct the road, the
total approximate cost for construction of Twyla Road as a traditional road would be around
$537,500. The cost of a bridge is 14 times higher than the cost of a traditional road. Therefore,
bridging the Twyla Road is not a practicable onsite alternative due to the $7.6 million cost.
This information has been included in the revised Alternatives Analysis which has been provided
as an attachment.
B.iv. Please confirm that wetland impacts are not proposed for Wetland D. If so, please update the
site application and plan sheets accordingly.
The proposed improvements to Twyla Road will result in impacts to Wetland D. These impacts
were overlooked during preparation of the impact maps due to the amount of linework for the
grading in this area. The Wetland Impact Maps have been revised to include the 0.107 acres of
permanent impact(Impact W9)to Wetland D. We have also updated the PCN form to include the
impacts to Wetland D. The revised PCN form and updated Wetland Impact Maps have been
provided as attachments.
The applicant proposes to mitigate for the 0.107 acres of impacts to Wetland D at a 2:1 mitigation
ratio. The proposed mitigation in the revised PCN form has been updated. We have also provided
an updated NCDMS Letter of Acceptance to reflect the revised mitigation as an attachment.
NCDWR Request for Additional Information Letter(5/11/2022)
2. The applicant states that Twyla Rd is required to be constructed to the northern cul-de-sac. Please
provide further justification for the need to road improvements beyond the traffic circle at the
entrance into Legacy Cary. It is not evident that the impacts associated with this portion of the
road are necessary.
The northern cul-de-sac is necessary to continue to provide access to the privately owned parcels
adjacent to the north of Legacy Cary which currently use Twyla Road for access. There are existing
access easements extending from the current terminus of Twyla Road to provide access to these
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parcels. Therefore, the applicant is required to maintain the existing access easements from the
northern cul-de-sac to these properties. The impact maps have been updated to show and label
these existing easements more clearly.
3. Will the roadways be conveyed to the Town of Cary upon completion. Please clarify.
Stockwell Lane and Twyla Road will be conveyed to the Town of Cary as public roads upon
completion of construction.
4. Please clarify how stormwater will be collected and treated from the improved Twyla Rd and new
portion of Stockwell Lane. Please note that if the road is to become publicly maintained then
stormwater for the roadway must be treated in accordance with regulations applicable to linear
transportation facilities. If the road, or any portion thereof, will not be maintained by the Town or
NCDOT in the future then all stormwater from the roadway must be treated as part of the
development.
The project has been designed to capture stormwater runoff from Twyla Road and Stockwell Lane
and convey it the proposed SCM on the west side of Twyla Road for treatment.
5. The application states that Stream 2 is an intermittent channel, however Figure 6 indicates that
the stream is Perennial. Please clarify. Based on remote mapping it appears that Stream 2 is
sufficiently large enough to be classified as Perennial throughout the project limits.
The classification of Stream 2 as an intermittent stream was based on the original delineation
completed in March 2018 which was approved by the USACE. The March 2018 delineation
determined that the upper reach of Stream 2 was intermittent and transitioned to perennial below
the confluence of Streams 2, 3&4. However,the construction of Morrisville Parkway in late 2018
(after the original delineation) created a stormwater outfall for the road runoff into the crenulation
associated with Streams 2, 3 & 4 . This discharge of stormwater from Morrisville Parkway has
resulted in high velocity flows during heavy rain events which has caused significant erosion and
downcutting of Stream 2 as noted in the attached photo documentation. The downcutting within
Stream 2 is approximately 4-6 feet deep. WithersRavenel conducted an additional site visit on
6/15/2022 to complete NCDWR stream forms for Streams 2 & 3. As a result of the
erosion/downcutting of Stream 2, the channel within the S5 impact area now receives constant
groundwater baseflow and currently scores as a perennial stream (36 points). The perennial start
point has migrated upstream of the culvert alignment due to the erosion/downcutting of the
stream bed, whereas the perennial start point in 2018 was at the confluence of Streams 2, 3 &4.
The NCDWR stream forms for Streams 2 & 3 have been provided as an attachment. Therefore,
we have updated the impact maps to note Stream 2 as a perennial stream, and we have updated
the Stream Impact Table in the PCN form to show impacts to Stream 2 (Impacts S4, S5 & S6) as
perennial stream impacts. The updated impacts maps and revised PCN form have been provided
as attachments.
6. Please provide NCDWR stream forms to support the classification of Streams 1 and 3 as
intermittent streams/stream segments.
NCDWR stream forms for Streams 1, 2, 3 &4 have been provided as attachments.
7. Please clarify if Wetland K has been delineated by the USACE. Figure 6 and Wetland Impact maps
show Wetland K,however the figure attached to the USACE JD does not include a wetland at this
location.
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Wetland K was included in the delineation that was approved by the USACE in 2019. At that time,
Wetland K was labeled as "Wetland E" as shown in the "Approved Delineation Exhibit" in the
attached concurrence email from the USACE dated 6/12/2019. WithersRavenel submitted an
updated Preliminary JD Request to the USACE in December 2021 reflecting the migration of the
origin of Stream 3 further downstream. When preparing the exhibits for the new PJD request,the
WithersRavenel staff member who prepared the exhibits did not include Wetland K (formerly
Wetland E) in the exhibits because it was "offsite" as is our typical practice and renumbered the
wetlands,which is why this wetland was not shown on the 12/21/2021 PJD issued by the USACE.
However,Wetland K(formerly Wetland E)was previously delineated and approved by the USACE
as documented in the attached concurrence email from the USACE dated 6/12/2019.
8. The impact maps and PCN application do not appear to include impacts to Wetland D
however the proposed site plan appears to eliminate Wetland D.
The proposed improvements to Twyla Road will result in the elimination of Wetland D. These
impacts were overlooked during preparation of the impact maps due to the amount of linework
for the grading in this area. The Wetland Impact Maps have been revised to include the 0.107
acres of permanent impact (Impact W9) to Wetland D. We have also updated the PCN form to
include the impacts to Wetland D. The revised PCN and updated Wetland Impact Maps have been
provided as attachments.
The applicant proposes to mitigate for the 0.107 acres of impacts to Wetland D at a 2:1 mitigation
ratio. The proposed mitigation in the revised PCN form has been updated. We have also provided
an updated NCDMS Letter of Acceptance to reflect the revised mitigation as an attachment.
9. Impacts to Wetland E appear to be for"future commercial use." In order to adequately document
avoidance and minimization, please provide a specific site plan for this development area. It
appears that impacts to this wetland could be minimized by reducing the fill area slightly which
would still provide for a sufficient area for future commercial development.
The "future commercial area" adjacent to Wetland E will be developed as a hotel and the impact
maps have been updated to show the design of the hotel and associated impacts.
The impact maps have been revised to break out the impacts to Wetland E into separate impacts
for road grading(Impact W1 - 0.025 ac) and construction of the hotel (Impact W11 - 0.051 ac).
The applicant did not have a formal design of the hotel prior to the original IP application submittal.
The incorporation of the hotel design into site plan and completion of the grading plan, it was
determined that additional impacts to Wetland K would be necessary for the hotel grading.
The Wetland Impact Table in the PCN form have been updated to reflect the separation of the
impacts. The updated Wetland Impact Maps and PCN form have been provided as attachments.
10. The application states that further avoidance and minimization cannot be accomplished because
it would cause a loss in area to provide stormwater control measure (SCM). While the Division
recognizes the need for the project to provide options for meeting stormwater management,there
are a wide variety of treatment options for meeting stormwater requirements,including providing
smaller SCMs,SCMs that can be integrated into the greenspace, and/or require smaller acreage.
Please either provide further justification for this statement or remove it from the onsite
alternative analysis.
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The statement/discussion regarding relocation of Twyla Road to the west not being a feasible
alternative due to reduction of the SCM has been removed from the onsite alternatives analysis in
the attached revised Alternatives Analysis.
11. Please clarify why the culvert for Stream 3 is proposed to be installed at a 2% slope to reduce
outlet velocity, however culvert for Stream 2 is proposed at a 2.38%slope. Given that Stream 3
starts under the roadway fill,it is unclear what surface flow would be generating the velocity.
The Stream 3 culvert will only convey flood level flows during extreme rain events when velocity
of overland flow moving through the area is extremely high due to concentrated discharge from
Morrisville Parkway storm drainage outfall. Since there is no channel upstream of the Stream 3
culvert, the culvert did not have to be buried to maintain aquatic life passage. Therefore, the
Stream 3 culvert could be designed at a 2% slope resulting in the downstream end of the culvert
perched above the riprap plunge pool to further dissipate flow velocity.
The Stream 2 culvert was designed at a 2.38% slope to match the gradient of the existing stream
channel and will be buried 12" below the stream bed to meet aquatic life passage requirements.
12. Please provide a restoration plan detail and vegetation planting plan for the temporary impact
areas.
As discussed at the 6/6/2022 meeting, the temporary wetland impacts at Impact W8 (0.026 ac)
will occur from the construction of a temporary riprap coffer dam to allow flow to by bypassed
around the Stockwell Lane extension construction area so that work can be completed "in the dry".
The coffer dam will also provide temporary access during construction. Once construction is
complete, the coffer dam will be removed entirely, and the temporary wetland impact area will be
restored to pre-construction grades and seeded with a wetland seed mix to stabilize the area.
13. The Division questions whether Stream 4 will continue to function at the same level upon
construction of Stockwell Lane. It appears to be a stream that is formed by flow from the upslope
wetland. Construction of Stockwell Lane will divert most of the flow in the area into the two
culverts, therefore bypassing Stream 4,starving its hydrology, and reducing its function.
During a site visit on 6/15/2022 to prepare NCDWR stream forms for Streams 1, 2 & 3, we also
completed a form for Stream 4. During the original delineation in March 2018, Stream 4 scored
as an intermittent stream. However, Stream 4 currently scores as ephemeral (9.5) as shown in the
attached NCDWR stream form. Photos taken on 6/15/2022 have also been provided
documenting the current conditions of Stream 4 (see attached Photo Documentation).
We believe that the changes in conditions of Stream 4 are due to several factors. The stormwater
discharge into the overall crenulation has created highly erosive flows through the crenulation.
This has resulted in altered flow/drainage patterns that have directed flow away from Stream 4.
There currently are no discernable drainage patterns within the upslope wetlands (Wetland J) that
flow to Stream 4. Additionally, the erosion/downcutting of Stream 2 has resulted in the channel
being deepened up to 6' in places. We believe this may have changed the subsurface groundwater
movement, as the bed of Stream 2 is now much lower than Stream 4 and may be draining
groundwater away from Stream 4. For comparison of hydrologic conditions, we have also
provided photos taken on 6/15/2022 of Streams 2 & 3 which show flow in both streams (see
attached Photo Documentation).
Please note that we are not requesting a formal reclassification of Stream 4 as an ephemeral
channel. We are providing this information in order to document the current conditions of Stream
Page 9 of 12

Legacy Cary - IP - Response to Requests for Additional Info 4111 withers Rave n e l
Cary,Wake County
6/21/2022 our Prr`I._ ur SuccISS.
4 as it pertains to the current hydrology and function. Stream 4 is not currently functioning as a
stream primarily because it is no longer receiving significant flow from the upslope wetland.
Therefore, we are not assessing any secondary impacts to Stream 4 as the construction of
Stockwell Lane will not alter the hydrology or affect the function of Stream 4 in excess of the
current conditions and will not cause any further degradation of Stream 4.
14. Please clarify how the riprap dissipators will be installed such that the remainder of Wetland J
below the culverts will continue to function. The Division is concerned that excavation of the area
to install culvers and the large dissipators will cause significant changes to the hydrology of the
wetland in this area.
The hydrology of Wetland J is already being affected by the erosion of Streams 2 & 3 to depths
that are causing a draining affect within Wetland J. The small size of the undisturbed portions of
Wetland J between Stockwell Lane and Streams 2,3&4, and the bypassing of surface flow around
this portion of Wetland J through the culverts once Stockwell Lane is constructed may result in
the hydrology being affected. Therefore, we have assessed this portion of Wetland J as a
permanent, indirect secondary impact(Impact W6 - 0.004 ac &W10 - 0.032 ac = 0.036 ac). The
attached revised PCN form and revised Wetland Impact Maps include the addition of the 0.032
ac of secondary impacts to Wetland J.
The applicant proposes to mitigate for the 0.036 ac of potential indirect secondary impacts to
Wetland J at a 1:1 mitigation ratio. The proposed mitigation in the revised PCN form has been
updated. We have also provided an updated NCDMS Letter of Acceptance to reflect the revised
mitigation as an attachment.
Additional In formation
Updated Mitigation Plan
Due to the additional permanent impacts to Wetland D,Wetland K and indirect secondary impacts
to Wetland J, the mitigation plan has been updated as noted in the following table:
Proposed Wetland Mitigation Table (Revised)
Impact Type Impacts Ratio Mitigation Proposed
Permanent Wetland Impacts 0.480 ac 2:1 0.96 ac
(Direct)
Secondary Wetland Impact 0.036 ac 1:1 0.036 ac
Total Wetland Mitigation Proposed 0.996 ac
As discussed in the original IP application, an NCSAM assessment was conducted for Stream 1
(intermittent)which determined that the functional value was"Low" due to the historic alterations
during construction of Twyla Road. An NCSAM assessment was conducted for Stream 2
(perennial)which determined the functional value was"Low" due to the degradation of the stream
from erosion. An NCSAM assessment was conducted for Stream 3 (intermittent) which
determined the functional value was "High".
Due to the"Low"functional value of Streams 1 &2, the applicant proposes to mitigate for the 793
LF of permanent impacts to Stream 1 and 188 LF of permanent impacts to Stream 2 at a 1:1
mitigation ratio. The applicant proposes to mitigate for 106 LF of permanent impacts to Stream 3
at a 2:1 mitigation ratio.
Page 10 of 12

Legacy Cary - IP - Response to Requests for Additional Info 41111111
withers Rave n e l
Cary,Wake County
6/21/2022 Our People r Success.
Proposed Stream Mitigation Table (Revised)
Impact Type Impacts Ratio Mitigation Proposed
Stream 1 Impacts 793 LF 1:1 793 LF
(Intermittent)
Stream 2 Impacts 188 LF 1:1 188 LF
(Perennial)
Stream 3 Impacts 106 LF 2:1 212 LF
(Intermittent)
Total Mitigation Proposed 1,193 LF
WR contacted mitigation banks that service the Cape Fear 0303000206 basin (RES/Restoration
Systems) to determine availability of stream and wetland mitigation. Neither mitigation bank has
enough stream or credits currently available to provide the total 1,193 LF of stream mitigation and
0.996 acres of wetland mitigation even when combined. Both banks are expecting future releases
of stream credits prior to issuance of the 404/401 permits. In order to provide certainty that the
applicant has the ability to provide the proposed 1,193 LF of stream mitigation and 0.996 acres of
wetland mitigation for the project, WR obtained a ILF Letter of Acceptance from NCDMS for the
entire stream and wetland mitigation proposed, which is attached. Prior to issuance of the
404/401 permits, WR will coordinate with the mitigation banks to determine what stream and
wetland credits are available at that time and will reserve as much stream mitigation credits as
possible within the banks and submit a mitigation proposal modification notification to the USACE
and NCDWR specifying the stream/wetland mitigation credits to be purchased from a mitigation
bank, or combination of mitigation banks and NCDMS (if necessary) for the preparation of the
M RTFs.
Existing Driveway Culvert Removal in Stream 1
The applicant received comments from the Town of Cary requesting that an existing 30"x 12' long
culvert within Stream 1 be removed. This is an old driveway culvert which is undersized and
restricts flow during significant rain events due to its small size. This culvert is located in the
northeastern portion of Stream 1, outside of our limits of disturbance and downstream of the
Stream 1 impact area. This culvert is where Stream 1 transitions from intermittent to perennial.
Per the Town's, the applicant will remove the culvert and restore an open channel. Once the
culvert is removed, the channel will be graded to match the shape, size, and grades of the
upstream/downstream portions of Stream 1. Removal of the culvert will be conducted during a
period with no forecasted rainfall so that work can be done in the dry. Appropriate sediment &
erosion control measures will be put in place to prevent sedimentation of the downstream waters,
including placement of biodegradable jute matting on the banks. Please note that no matting will
be placed on the stream bed.
The removal of the culvert will only result in disturbance within the existing footprint of the
culvert. Therefore,there will not be any temporary or permanent stream impacts associated with
removal of the culvert and therefore no additional impacts have been included in the PCN form or
revised Stream Impact Maps. We have noted the location of the culvert to be removed on the
Stream Impact Maps and added a note specifying that the culvert will be removed to restore an
open channel.
Page 11 of 12

Legacy Cary - IP - Response to Requests for Additional Info r, WithersRavenel
Cary,Wake County
6/21/2022 0, F'r( `I._ jr 5u[[t SS.
Please feel free to call if you have questions or require additional information to complete your
review of the application.
Sincerely,
WithersRavenel
Troy Beasley
Environmental Practice Area Lead
Attachments:
1) NCDWR Stream Forms for Stream 1, 2, 3 &4
2) USACE Concurrence Email (6/12/2019) Approving Delineation of Wetland E (Formerly
Wetland K)
3) Excerpt from Approved PDD for Required Connection of Twyla Road to Morrisville
Parkway Traffic Circle
4) NCDOT Emails Approving Controlled Access Break for Connection of Twyla Road to
Morrisville Parkway Traffic Circle
5) Photo Documentation for Streams 2, 3 &4 (taken 6/15/2022)
6) Revised PCN Form
7) Revised NCDMS Letter of Acceptance for Wetland/Stream Mitigation
8) Revised Wetland Impact Maps (6/20/2022)
9) Revised Stream Impact Maps (6/20/2022)
10) Revised Alternatives Analysis
11) USACE Request for Additional Information Dated 5/19/2022
12) NCDWR Request for Additional Information Dated 5/11/2022
Page 12 of 12

41461 OurWithersRavenel
People.Your Success.
ATTACHMENTS

:: WithersRavenel
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NCDWR STREAM FORMS FOR
STREAMS 1, 2 3 & 4

stream 1 intermittent reach
NC DWQ Stream Identification Form Version 4.11
Date: 3/10/22 Project/Site: Latitude:
Evaluator: GSK County: Wake Longitude:
Total Points: Stream Determination (circle one) Other
Stream is at least intermittent 21.5 Ephemeral Intermittent Perennial e.g. Quad Name:
if>_ 19 or perennial if>_30`
A. Geomorphology (Subtotal = 7 ) Absent Weak Moderate Strong
la.Continuity of channel bed and bank 0 1 2 3
2. Sinuosity of channel along thalweg 0 1 2 3
3. In-channel structure: ex. riffle-pool,step-pool, 0 1 2 3
ripple-pool sequence
4. Particle size of stream substrate 0 1 2 3
5.Active/relict floodplain 0 1 2 3
6. Depositional bars or benches 0 1 2 3
7. Recent alluvial deposits 0 1 2 3
8. Headcuts 0 1 2 3
9. Grade control 0 0.5 1 1.5
10. Natural valley 0 0.5 1 1.5
11. Second or greater order channel No= 0 Yes=3
a artificial ditches are not rated;see discussions in manual
B. Hydrology (Subtotal = 7.5 )
12. Presence of Baseflow 0 1 2 3
13. Iron oxidizing bacteria 0 1 2 3
14. Leaf litter 1.5 1 0.5 0
15. Sediment on plants or debris 0 0.5 1 1.5
16. Organic debris lines or piles 0 0.5 1 1.5
17. Soil-based evidence of high water table? No= 0 Yes=3
C. Biology (Subtotal = 7.5 )
18. Fibrous roots in streambed 3 2 1 0
19. Rooted upland plants in streambed 3 2 1 0
20. Macrobenthos (note diversity and abundance) 0 1 2 3
21.Aquatic Mollusks 0 1 2 3
22. Fish 0 0.5 1 1.5
23. Crayfish 0 0.5 1 1.5
24.Amphibians 0 0.5 1 1.5
25.Algae 0 0.5 1 1.5
26.Wetland plants in streambed FACW= 0.75; OBL= 1.5 Other= 0
*perennial streams may also be identified using other methods. See p. 35 of manual.
Notes: 2 scuds found
Sketch:

stream 1 perennial reach
NC DWQ Stream Identification Form Version 4.11
Date: 3/10/22 Project/Site: Latitude:
Evaluator: GSK County: Wake Longitude:
Total Points: Stream Determination (circle one) Other
Stream is at least intermittent 31 Ephemeral Intermittent Perennial e.g. Quad Name:
if>_ 19 or perennial if>_30`
A. Geomorphology (Subtotal = 13.5 ) Absent Weak Moderate Strong
la.Continuity of channel bed and bank 0 1 2 3
2. Sinuosity of channel along thalweg 0 1 2 3
3. In-channel structure: ex. riffle-pool,step-pool, 0 1 2 3
ripple-pool sequence
4. Particle size of stream substrate 0 1 2 3
5.Active/relict floodplain 0 1 2 3
6. Depositional bars or benches 0 1 2 3
7. Recent alluvial deposits 0 1 2 3
8. Headcuts 0 1 2 3
9. Grade control 0 0.5 1 1.5
10. Natural valley 0 0.5 1 1.5
11. Second or greater order channel No= 0 Yes=3
a artificial ditches are not rated;see discussions in manual
B. Hydrology (Subtotal = 8.5 )
12. Presence of Baseflow 0 1 2 3
13. Iron oxidizing bacteria 0 1 2 3
14. Leaf litter 1.5 1 0.5 0
15. Sediment on plants or debris 0 0.5 1 1.5
16. Organic debris lines or piles 0 0.5 1 1.5
17. Soil-based evidence of high water table? No= 0 Yes=3
C. Biology (Subtotal = 9 )
18. Fibrous roots in streambed 3 2 1 0
19. Rooted upland plants in streambed 3 2 1 0
20. Macrobenthos (note diversity and abundance) 0 1 2 3
21.Aquatic Mollusks 0 1 2 3
22. Fish 0 0.5 1 1.5
23. Crayfish 0 0.5 1 1.5
24.Amphibians 0 0.5 1 1.5
25.Algae 0 0.5 1 1.5
26.Wetland plants in streambed FACW= 0.75; OBL= 1.5 Other= 0
*perennial streams may also be identified using other methods. See p. 35 of manual.
Notes: several scuds found,3-4 crawfish,frogs present
Sketch:

SI-"€d.v- 2
NC DWQ Stream Identification Form Version 4.11
Date: /13 /Z Z Project/Site: Latitude:
Evaluator: U 5 kL County: V Z Longitude:
Total Points: Stream Determination(circle one) Other
Stream is at least intermittent 3( Ephemeral Intermittent P�Fenn e.g. Quad Name:
if>_19 or perennial if>_30*
A. Geomorphology (Subtotal = 2 i ) Absent Weak Moderate Strong
la.Continuity of channel bed and bank 0 1 2 C�
2. Sinuosity of channel along thalweg 0 1 3
3. In-channel structure: ex. riffle-pool,step-pool, 0 1 2
ripple-pool sequence
4. Particle size of stream substrate 0 're; 2 (.
5.Active/relict floodplain 0 2 3
6. Depositional bars or benches 0 0 3
7. Recent alluvial deposits 0 1 (-- 3
8. Headcuts SZI) 1 2
9. Grade control 0 0.5 1 4.
10. Natural valley 0 0.5 1 1�5>
11. Second or greater order channel No=0 Yew 31
a artificial ditches are not rated;see discussions in manual
B. Hydrology (Subtotal= ilc )
12. Presence of Baseflow 0 1 2C-3
13. Iron oxidizing bacteria 1 2 3
14. Leaf litter 1. 1 0.5 0
15. Sediment on plants or debris 0 1 1.5
16. Organic debris lines or piles 0 0.5 Cjh 1.5
17. Soil-based evidence of high water table? No=0 Yes.
C. Biology (Subtotal = 4, )
18. Fibrous roots in streambed 67 2 1 0
19. Rooted upland plants in streambed 2 1 0
20. Macrobenthos(note diversity and abundance) 0 1 2 3
21.Aquatic Mollusks 0 1 2 3
22. Fish 0 0.5 1 1.5
23. Crayfish 0.5 1 1.5
24.Amphibians Co 0.5 1 1.5
25.Algae 0-> 0.5 1 1.5
26.Wetland plants in streambed FACW=0.75; OBL= 1.5 OtherE19)
*perennial streams may also be identified using other methods.See p.35 of manual.
Notes:
Sketch: 07--c,. 2 ` 1'\C;seX >L J .ek I} I b 1

f(cZ} 3 :
NC DWQ Stream Identification Form Version 4.11
Date: 4//45 //2 Z Project/Site: Latitude:
Evaluator: .5 County: (v A
c G Longitude:
Total Points: Stream Determination(circle one) Other
Stream is at least intermittent Q Lt° Ephemeral k term Perennial e.g. Quad Name:
if..19 or perennial if_>30* ! p
A. Geomorphology (Subtotal = I '-5) Absent Weak Moderate Strong
1 a.Continuity of channel bed and bank 0 1 (2D 3
2. Sinuosity of channel along thalweg 0 1 C 3
3. In-channel structure: ex. riffle-pool, step-pool, 0 1 2 3
ripple-pool sequence
4. Particle size of stream substrate 0 63447, 2 3
5.Active/relict floodplain 0 1 (2._) 3
6. Depositional bars or benches 0 CO 2 3
7. Recent alluvial deposits 0 2 3
8. Headcuts 0 1 0 3
9. Grade control Q� 0.5 1 1.5
10. Natural valley 0 0.5 1 L✓
11. Second or greater order channel No Yes=3
a artificial ditches are not rated;see discussion manual
B. Hydrology (Subtotal = /0,S )
12. Presence of Baseflow 0 1 C 3
13. Iron oxidizing bacteria 0 2 (3)14. Leaf litter 1.5 0.5 0
15. Sediment on plants or debris 0 0. 1.5
16. Organic debris lines or piles 0 0.5 ch1.5
17. Soil-based evidence of high water table? No=0 Ye J.....,
3
C. Biology (Subtotal = )
18. Fibrous roots in streambed 3 0 1 0
19. Rooted upland plants in streambed O 2 1 0
20. Macrobenthos(note diversity and abundance) 10+ 1 2 3
21.Aquatic Mollusks 1 2 3
22. Fish 0.5 1 1.5
23. Crayfish 0.5 1 1.5
24.Amphibians 0.5 1 1.5
25.Algae 0.5 1 1.5
26.Wetland plants in streambed FACW=0.75; OBL= 1.5 Other=0
*perennial streams may also be identified using other methods.See p.35 of manual.
Notes:
Sketch: 3 r"1G.sc./ ,�' kre rGrjJ -,T/JCp�
sf 'GSw.
� h� rz. - ,ado i hre A-- - 4/'a 7'�/ �/�
d

,S-1CCc r^ P
NC DWQ Stream Identification Form Version 4.11
Date: 4/i -/2 Z Project/Site: Latitude:
Evaluator: G'St County: VV c ill Longitude:
Total Points: Stream Determination(circle one) Other
Stream is at least intermittent
if>_19 or perennial if>_30* efihemet I Intermittent Perennial e.g. Quad Name:
A. Geomorphology (Subtotal = Gt c) Absent Weak Moderate Strong
1a.Continuity of channel bed and bank . 1 2 3
2. Sinuosity of channel along thalweg 0 2 3
3. In-channel structure: ex. riffle-pool, step-pool, 1 2 3
ripple-pool sequence 0
4. Particle size of stream substrate 1 2 3
5.Active/relict floodplain 0 2 3
6. Depositional bars or benches p,_,, 1 2 3
7. Recent alluvial deposits lg/ 1 2 3
8. Headcuts 0 co 2
9. Grade control 0 0.5 1
10. Natural valley 0.5 1 1.5
11. Second or greater order channel No=0 Yes=3
a artificial ditches are not rated;see discussions in manual
B. Hydrology (Subtotal = 3 )
12. Presence of Baseflow 1 2 3
13. Iron oxidizing bacteria e7 1 2 3
14. Leaf litter 1.5 1 0.5
15. Sediment on plants or debris , 0.5 1 1.5
16. Organic debris lines or piles `�J 0.5 1 1.5
17. Soil-based evidence of high water table? No=0 Yes
C. Biology (Subtotal = Z )
18. Fibrous roots in streambed 3 26 0
19. Rooted upland plants in streambed 3 2 0
20. Macrobenthos(note diversity and abundance) 5) 1 2 3
21.Aquatic Mollusks (llP 1 2 3
22. Fish (0 0.5 1 1.5
23. Crayfish �.9 0.5 1 1.5
24.Amphibians 0.5 1 1.5
25.Algae 6) 0.5 1 1.5
26.Wetland plants in streambed FACW=0.75; OBL= 1.5 Other=0
*perennial streams may also be identified using other methods.See p.35 of manual.
Notes:
Sketch: 9t r&c r. 2 11(6 t 1 C r Sa be l/61/4, 5f/4. Y � Y

:: WithersRavenel
Our People.Your Success.
USACE CONCURRENCE EMAIL (6/12/2019)
APPROVING DELINEATION OF WETLAND E
(FORMERLY WETLAND K)

Phillips, Lyle
From: Lastinger, James C CIV USARMY CESAW (USA) <[e-mail]>
Sent: Wednesday, June 12, 2019 1:47 PM
To: Phillips, Lyle
Subject: RE: Twyla road 2018-02111 (UNCLASSIFIED)
Lyle,
I am not inclined to object to any of the calls that Tasha made on site, and concur with the delineation as submitted in
your email below. Please let me know if you have any further questions or concerns.
James Lastinger
Regulatory Project Manager
Raleigh Regulatory Field Office
US Army Corps of Engineers,Wilmington District
ADDRESS: 3331 Heritage Trade Drive,Suite 105 Wake Forest, NC 27587
Tel: [phone], x32
Cell: [phone]
Fax: [phone]
Original Message
From: Phillips, Lyle [mailto:[e-mail]]
Sent:Wednesday,June 12, 2019 9:01 AM
To: Lastinger,James C CIV USARMY CESAW(USA) <[e-mail]>
Subject: [Non-DoD Source] RE:Twyla road 2018-02111 (UNCLASSIFIED)
Hey James,
I wanted to follow up on the email below.
Please let me know if you have any questions or would like to review the site for yourself.
Thanks!
Lyle Phillips
Original Message
From: Phillips, Lyle
Sent:Thursday, May 2, 2019 3:29 PM
To: 'Lastinger,James C CIV USARMY CESAW (US)' <[e-mail]>
Subject: RE:Twyla road 2018-02111 (UNCLASSIFIED)
Hey James,
This email is in follow-up to site meeting conducted by Tasha Alexander on 12/12/2018 and 01/22/2019 to verify the
delineation for Twyla Road Assemblage located in Cary,Wake County, NC. We received an exhibit from the Town of Cary
and used this to depict features for the areas still under the Morrisville Pkwy Phase II IP. I have updated the exhibit
I.

g
TLAND A
TIAL WETLAND
ERS OF US
•
r
WETLAND B
POTENTIAL WETLAND
WATERS OF US
GRAPHIC SCALE
0 125 250
1 inch = 250 ft.
STREAM 1 WETLAND L
POTENTIAL NON -WETLAND POTENTIAL WETLAND
WATERS OF US WATERS OF US WETLAND K
POTENTIAL WETLAND
l WATERS OF US
WETLAND C
POTENTIAL WETLAND
WATERS OF US
NON -JURISDICTIONAL
CONVEYANCE
WETLAND E
POTENTIAL WETLAND
WATERS OF US
NON -JURISDICTIONAL
CONVEYANCE
WETLAND F—
POTENTIAL WETLAND
WATERS OF US
1
0
CC
J
CULVERT
DP-1 &
WETLAND D
POTENTIAL WEI AND
WATERS OF S
WETLAND J
POTENTIAL WETLAND
`"- WATERS OF US
STREAM 2
POTENTIAL NON -WETLAND
WATERS OF US
�- STREAM
POTENTIAL NON -WETLAND
WATERS OF US IF
MORRISVILLE PARKWAY
BOUNDARY
STREAM 5 '
POTENTIAL NON -WETLAND
WATERSbF US.
1
WETLAND G --
J f bTENTIAL WETLAND
WATERS OF US
a
S �
REVIEW AREA
W
POTEN
WA
j
ST
POT
NON.
WAT
N
WA
Aft
WETLAND
POTENTIAL WETLANDI•
WATERS OF US
NOTES:
1) WETLAND DELINEATION AND JURISDICTIONAL STATUS WAS FIELD VERIFIED BY
TASHA ALEXANDER OF THE USACE ON 12/12/2018 & 01/22/2019.
2) WETLAND/STREAM LOCATIONS ARE APPROXIMATE, BASED ON GPS LOCATION,
WAKE COUNTY GIS DATA, AND TOPOGRAPHIC INTERPRETATION.
CARY
TWYLA ROAD ASSEMBLAGE
WAKE COUNTY NORTH CAROLINA
APPROVED WETLAND
DELINEATION EXHIBIT
!WithersRavenel
Engineers Planners Surveyors

::WithersRavenel
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EXCERPT FROM APPROVED PDD FOR REQUIRED
CONNECTION OF TWYLA RD TO MORRISVILLE
PARKWAY TRAFFIC CIRCLE

1.3.3 Vehicular and Pedestrian Circulation
As shown on the Buffer, Streetscape and Circulation Plan, this site provides
internal vehicular circulation, but has limited vehicular access points. The site is bound by
NC 540 to the west, floodplain and stream buffer to the north, existing development to the
east and Morrisville Parkway to the south. The site access will be provided via a fourth
leg to the roundabout on Morrisville Parkway at the NC 540 northbound ramps with both
an ingress and egress into the site. Additionally, the existing Stockwell Lane street stub
will be extended into the property, providing access to Highcroft Drive.
Pedestrian circulation is planned in locations to limit interaction with vehicular
traffic. Additionally, sidewalks meeting current LDO standards shall be provided along
the property frontage. There is also a private greenway system.
1.3.4 Buffers and Streetscapes
Buffers and Streetscapes for the proposed PDD are per the Land Development
Ordinance (LDO) unless otherwise stated in this Document. A 15' streetscape will be
maintained along both sides of Stockwell Lane. A 30' streetscape will be maintained
along Morrisville Parkway.
1.3.5 Utilities
Water, sanitary sewer, and reclaimed water will be provided to this development
via service connection to and/or extensions of existing Town of Cary utility lines. Water
service is expected to be provided by service connection to the existing 12" water main
in Morrisville Parkway and existing 8" water main in Stockwell Lane. Sanitary sewer is
expected to be served by the existing 12" sanitary sewer main on the northern side of
the site. Reclaimed water is expected to be served by the existing 6" reclaimed water
main along Morrisville Parkway and the existing 4" main along Stockwell Lane.
1.3.6 Storm Drainage
Any future development plans must demonstrate compliance with all applicable
stormwater management requirements of the Land Development Ordinance. Additionally,
site development shall adhere to all applicable local, state, and or federal stormwater-
related statutes.

(D) Neighborhood Recreation Site
As part of the program for the residential component of the project, a
private recreational amenity will be provided. This amenity will include at a
minimum a clubhouse with outdoor pool. Other amenities such as fire pits and
shade structures may be included. These amenities will be available to
residents of the project only. This site shall be a minimum of 0.5 acres and is in
addition to the committed square footage for the Community Gathering Space.
(E) Vehicular and Pedestrian Connectivity
Vehicular and pedestrian connectivity is identified on the Buffer,
Streetscape and Circulation Plan. All internal streets shall be constructed with
curb and gutter.
(F) Parking Requirements
The parking standard for the RMF-1 subdistrict shall be 1 parking space
per bedroom, plus 0.10 space per dwelling unit for visitor spaces. The parking
standard for C-1 subdistrict will be in accordance with the Land Development
Ordinance.
(G) TAR Recommendations
The applicant is proposing the following improvements as part of this
development.
• NC 55 at Morrisville Parkway:
Prior to issuance of first certificate of occupancy, construct a second
eastbound left -turn lane at NC 55 with 400' of storage and appropriate taper,
and corresponding traffic signal modifications.
• Morrisville Parkway at Site Access 2:
At driveway permit submittal for Site Access 2 (RI/RO) and prior to issuance
of first certificate of occupancy within sub -district C-1, construct an exclusive
westbound right -turn lane with 100' of storage and appropriate taper.

K:\17\17-0850\170857-Twyla Road -GCI\CAD\Exhibits\Circulation-Master-Setbacks-Natural Plans.dwg-Tuesday, March 12, 20192:56:22 PM -ALLEN, JERARD
I 1 /
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WithersRavenel
Engineers I Planners I Surveyors
115 MacKenan Drive 1 Cary, NC 27511 1 t: 919.469.3340 1 license #: C-0832 1 www.withersravenel.com
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::WithersRavenel
Our People. Your Success.
NCDOT EMAILS APPROVING CONTROLLED
ACCESS BREAK FOR CONNECTION OF TWYLA
RD TO MORRISVILLE PKWY TRAFFIC CIRCLE

Beasley, Troy
From: Brennan, Sean P <[e-mail]>
Sent: Wednesday, March 27, 2019 8:25 AM
To: Fluitt, Travis
Cc: Wheeler, Millard S; Bunting, Clarence B; Ishak, Doumit Y; David Spencer
([e-mail]); Priyatham Konda; Glenda Toppe; Evan Vlaeminck
Subject: Re: [External] Twyla Road North Interchange Analysis
Travis,
The District Office has reviewed your request for the 4th leg of the roundabout and is in agreement to allow the
connection.
Regards,
Sean Brennan
Get Outlook for iOS
From: Fluitt, Travis <[e-mail]>
Sent: Wednesday, February 27, 2019 2:04 PM
To: Brennan, Sean P
Cc: Wheeler, Millard S; Bunting, Clarence B; Ishak, Doumit Y; David Spencer ([e-mail]); Priyatham
Konda; Glenda Toppe; Evan Vlaeminck
Subject: [External] Twyla Road North Interchange Analysis
[CAUTION: ternal email. Do not click links or open attachments u s you verify. Send all suspicious email as an attachment
^+nc
ShareFile Attachments Expires August 26, 2019
Build -out (2035) Scenario A AM.syn 159.8 KB
Build -out (2035) Scenario A PM.syn 159.8 KB
Build -out (2035) Scenario C AM.syn 166.2 KB
Build -out (2035) Scenario C PM.syn 166.2 KB
Morrisville Parkway at NC 540 NB Ramps.sip8 4 MB
Twylallorth_InterchangeTechMemo 2-27-19.pdf 23 MB
Download Attachments
1

Travis Fluitt uses ShareFile to share documents securely. Learn More.
Sean,
Per our discussion a couple of weeks ago, the Twyla Road North development is proposing to tie into the 4th leg of the
roundabout currently under construction on Morrisville Pkwy at the 1-540 interchange northbound ramps. Per the
roadway plans prepared by RK&K, there is a 60' break in C/A where the 4th leg would go. As discussed we have prepared
an analysis of this intersection with and without the 4th leg for both the short-term condition with roundabouts and 2
lanes on Morrisville Parkway as well as the long-term condition with signals and 4 lanes on Morrisville Parkway.
Attached is a memorandum summarizing our findings (it works!) and our recommendations (that you allow it!). Synchro
and SIDRA analysis files are also attached.
We have discussed this with the Town of Cary. They have not reviewed this report in detail, but they are in favor and
supportive of this access connection. David and Priyatham are copied on this email.
Please let us know if you have any questions about this or if you would like hard copies.
Thank you,
Travis Fluitt, P.E.
Kimley-Horn 1421 Fayetteville Street, Suite 600, Raleigh, NC 27601
Direct: 919-653-2948 I Mobile: [phone] I Main: 919-677-2000
Email correspondence to and from this sender is subject to the N.C. Public Records Law and may be disclosed to third parties.
2

Beasley, Troy
From: Fluitt, Travis <[e-mail]>
Sent: Wednesday, March 30, 2022 2:53 PM
To: Brennan, Sean P
Cc: McKenzie, Zach; Warren, Jeremy L
Subject: RE: [External] Cary Legacy - Site Access 2 Approval
Great!
Thank you,
Travis
From: Brennan, Sean P <[e-mail]>
Sent: Wednesday, March 30, 2022 2:52 PM
To: Fluitt, Travis <[e-mail]>
Cc: McKenzie, Zach <[e-mail]>; Warren, Jeremy L <[e-mail]>
Subject: Re: [External] Cary Legacy - Site Access 2 Approval
Travis,
We are okay with the location of the right-in/right-out assuming that it has adequate sight distance.
Regards,
Sean Brennan, PE
Senior Assistant District Engineer
Division 5/District 1
Department of Transportation
919-733-3213 office
919-715-5778 fax
[e-mail]
4009 District Drive (Physical Address)
Raleigh, NC 27607
1575 Mail Service Center (Mailing Address)
Raleigh, NC 27699-1575
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.
From: Fluitt, Travis <[e-mail]>
Sent: Wednesday, March 30, 2022 10:40 AM
To: Brennan, Sean P <[e-mail]>
1

Cc: McKenzie, Zach <[e-mail]>
Subject: [External] Cary Legacy - Site Access 2 Approval
CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to
Report Spam.
Sean,
See attached exhibit showing the RIRO driveway on Morrisville Parkway for Cary Legacy. I don't remember there being
any issues with this, but just wanted to confirm y'all were OK with it.
Thanks,
Travis Fluitt, P.E.
Kimley-Horn 1421 Fayetteville Street, Suite 600, Raleigh, NC 27601
Direct: 919-653-2948 I Mobile: [phone] I Main: 919-677-2000
Email correspondence to and from this sender is subject to the N.C. Public Records Law and may be disclosed to third parties.
2

::WithersRavenel
Our People. Your Success.
PHOTO DOCUMENTATION FOR
STREAMS 2, 3 & 4
(Taken 6/15/2022)

40 WithersRavenel
. Our People.Your Success.
Legacy-Cary(Twyla Road) -Cary,Wake County
Photographic Documentation (06/15/2022)
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erosion.
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erosion.
115 MacKenan Drive I Cary,NC 27511
t:919.469.3340 I www.withersravenel.com I License No. F-1479
Asheville I Cary I Charlotte I Greensboro I Lumberton I Pittsboro I Raleigh I Southern Pines I Wilmington

:: WithersRavenel
Our People.Your Success•
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Photo 3:View of Stream 2(perennial)within the southern portion of Impact Area S5. Note failing stream banks due to
erosion. Also note the hanging roots which are indicative of the historic depth of the channel.
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Photo 4:View of Stream 2(perennial)upstream of Impact Area S5 where erosion/downcutting begins,facing
upstream. Note the channel is much narrower(4-6 ft&shallower(-12")than within the channel within the
impact area.
Page 2 of 5

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Photo 5: View of Stream 3(intermittent)within Impact S9,facing upstream.
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Photoh: View of Stream 3(intermittent)within Impact S9.facing downstream.
Page 3of5

:: WithersRavenel
Our People.Your Success.
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Photo 8: View of Stream 4 origin,facing upstream from within channel.
Page 4 of 5

:: WithersRavenel
Our People.Your Success.
1.
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Photo 9: View of Stream 4 below origin,facing downstream. Note lack of discernable bed/bank,significant leaf litter
accumulation and vegetation growing in channel.
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Photo 10: View of Stream 4 at confluence with Stream 2. Photo taken standing in Stream 2 looking upstream at
Stream 4. Note lack of discernable bed/bank and vegetation growing within channel.
Page 5 of 5

::WithersRavenel
Our People. Your Success.
REVISED PCN FORM
(6/20/2022)

NORTH CAROLINA
Environmental Quality
Water Resources
Office Use Only
Corps Action ID no. SAW-2018-02111
DWR project no. 20220518 v1
Site Coordinates:
Latitude (DD.DDDDDD): 35.811562
Longitude (DD.DDDDDD): 78.888654
Form Version 1.5. September 2020
Date received: [Click to enter.]
Date received: [Click to enter.]
Pre -Construction Notification (PCN) Form
(Ver. 1.5, September 2020)
For Nationwide Permits and Regional General Permits and corresponding Water Quality Certifications
Please note: fields marked with a red asterisk are required. The form is not considered complete until all mandatory
questions are answered.
The online help file may be found at this link:
https://edocs.deq. nc.gov/WaterResou rces/0/edoc/624704/PCN%20He I p%20File%202018-1-30. pdf
The help document may be found at this link:
http://www.saw. usace.armv.mil/Missions/Regulatory-Permit-Program/Permits/2017-Nationwide-Permits/Pre-
construction-Notification/
Before submitting this form, please ensure you have submitted the Pre -Filing Meeting Request Form as DWR will not be
able to accept your application without this important first step. The Pre -Filing Meeting Request Form is used to satisfy 40
C.F.R. Section 121.4(a) which states "At least 30 days prior to submitting a certification request, the project proponent shall
request a pre -filing meeting with the certifying agency." In accordance with 40 C.F.R. Section 121.5(b)(7), and (c)(5), all
certification requests must include documentation that a pre -filing meeting request was submitted to the certifying authority
at least 30 days prior to submitting the certification request.
Attach documentation of Pre -Filing Meeting Request to this Application.
Date of Pre -filing Meeting Request (MM/DD/YYYY) : 8/30/2021
DWR ID # Click to enter. Version Click to enter. (If applicable)
A. Processing Information
County (counties) where project is located:
Wake Additional (if needed).
Is this a public transportation project?
(Publicly funded municipal, state, or federal road, rail,
or airport project)
❑ Yes ❑x No
Is this a NCDOT project?
❑ Yes ❑x No
If yes, NCDOT TIP or state project number:
Click to enter.
If yes, NCDOT WBS number:
Click to enter.
1 a.
Type(s) of approval sought from the Corps:
❑x Section 404 Permit (wetlands, streams, waters,
Clean Water Act)
❑ Section 10 Permit (navigable waters, tidal
waters, Rivers and Harbors Act)
Page 1 of 22
PCN Form - Version 1.5, September 2020

1 b. Permit type(s)?
❑ Nationwide Permit (NWP)
❑ Regional General Permit (RGP)
❑x Standard (IP)
This form may be used to initiate the standard/ individual permit process with the USACE. Please contact your Corps
representative concerning submittals for standard permits. All required items can be included as separate attachments
and submitted with this form.
1 c. Has the NWP or GP number been verified by the Corps?
• Yes ❑x No
NWP number(s):
Individual Permit
RGP number(s):
Click to enter.
1 d. Type(s) of approval sought from the DWR (check all that apply): *
❑ 401 Water Quality Certification — Regular ❑ 401 Water Quality Certification— Express
❑ Non-404 Jurisdictional General Permit ❑ Riparian Buffer Authorization
❑x Individual 401 Water Quality Certification
le. Is this notification solely for the record because written approval is not required?
For the record only for DWR 401 Certification: *
❑ Yes ❑x No
For the record only for Corps Permit: *
❑ Yes ❑x No
1f. Is this an after -the -fact permit/certification application?
❑ Yes ❑x No
1 g. Is payment into a mitigation bank or in -lieu fee program proposed for
mitigation of impacts?
Yes ❑ No
If yes, attach the acceptance letter from mitigation bank or in -lieu fee program.
1 h. Is the project located in any of NC's twenty coastal counties?
❑ Yes ❑x No
1 i. Is the project located within an NC DCM Area of Environmental
Concern (AEC)?
El Yes ❑x No El Unknown
1j. Is the project located in a designated trout watershed?
❑ Yes ❑x No
If yes, you must attach a copy of the approval letter from the appropriate Wildlife Resource Commission Office.
Trout information may be found at this link: http://www.saw.usace.army.mil/Missions/Regulatory-Permit-
Program/Agency-Coordination/Trout.aspx
Page 2 of 22 PCN Form - Version 1.5, September 2020

B. Applicant Information
1 a.
Who is the primary contact?
Troy Beasley — WithersRavenel — Authorized Agent
1 b.
Primary Contact Email:
[e-mail]
1 c.
Primary Contact Phone: (###)###-####
[phone]
1 d.
Who is applying for the permit/certification?
all that apply)
(check
el Owner El Applicant (other than owner)
1 e.
Is there an agent/consultant for this project?
el Yes ❑ No
2. Landowner Information
2a. Name(s) on Recorded Deed:
Legacy Cary LLC
2b. Deed Book and Page No.:
See attached Parcel/Owner Info
2c. Responsible Party (for corporations):
Derek Boesch
2d. Address
Street Address:
10720 Sikes Place
Address line 2:
#150
City:
Charlotte
State/ Province/ Region:
NC
Postal/ Zip Code:
28277
Country:
USA
2e. Telephone Number: (###)###-####
[phone]
2f. Fax Number: (###)###-####
Click to enter.
2g. Email Address: *
[e-mail]
3.
Applicant Information (if different from owner)
3a.
Name:
Click to enter.
3b.
Business Name (if applicable):
Click to enter.
3c.
Address:
Street Address:
Click to enter.
Address line 2:
Click to enter.
City:
Click to enter.
State/ Province/ Region:
Click to enter.
Postal/ Zip Code:
Click to enter.
Country
Click to enter.
3d.
Telephone Number: (###)###-####
Click to enter.
3e
Fax Number: (###)###-####
Click to enter.
Page 3 of 22
PCN Form - Version 1.5, September 2020

3f. Email Address:
Click to enter.
4. Agent/ Consultant (if applicable)
4a. Name: *
Troy Beasley
4b. Business Name:
WithersRavenel, Inc
4c. Address: *
Street Address:
219 Station Road
Address line 2:
Suite 101
City:
Wilmington
State/ Province/ Region:
NC
Postal/ Zip Code:
28405
Country:
USA
4d. Telephone Number: (###)###-####
[phone]
4e Fax Number: (###)###-####
Click to enter.
4f. Email Address: *
[e-mail]
Agent Authorization Letter:
Attach a completed/signed agent authorization form or letter. A sample form may be found at this link:
httbs://www.saw. usace.armv. mil/Missions/Regulatorv-Permit-Program/Permits/2017-Nationwide-Permits/Pre-
construction-Notification/
Page 4 of 22 PCN Form - Version 1.5, September 2020

C. Project Information and Prior Project History
1.
Project Information
1 a.
Name of project:
Legacy -Cary (Twyla Rd)
1 b.
Subdivision name (if appropriate):
Click to enter.
1 c.
Nearest municipality/town: *
Cary
2.
Project Identification
2a.
Property identification number (tax PIN or parcel ID):
See attached Parcel/Owner Info
2b.
Property size (in acres):
36.42
2c.
Project Address:
Street Address:
1112 Twyla Road
Address line 2:
Click to enter
City:
Cary
State/ Province/ Region:
NC
Postal/ Zip Code:
27519
Country:
USA
2d.
Site coordinates in decimal degrees (using 4-6 digits
after the decimal point): *
Latitude (DD.DDDDDD): 35.811562
Longitude (-DD.DDDDDD): -78.888654
3.
Surface Waters
3a.
Name of nearest body of water to proposed project:
Panther Creek (Stream Index: 16-41-1-17-3)
3b.
Water Resources Classification of nearest receiving
water:
S-IV;NSW
The Surface Water Classification map may be found at this link:
https://ncdenr.maps.arcgis.com/apes/webappviewer/index.html?id=6e125ad7628f494694e259c8Odd64265
3c.
In what river basin(s) is your project located?*
Cape Fear
Choose additional (if needed)
3d.
Please provide the 12-digit HUC in which the project is
located:
0303000206
The Find Your HUC map may be found at this link:
https://ncdenr.maps.arcgis.com/apes/PublicInformation/index.html?appid=ad3a85a0c6d644a0b97cd069db238ac3
Page 5 of 22 PCN Form - Version 1.5, September 2020

4. Project Description and History
4a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of
this application:
The project site consists primarily of mature forest. The project site previously contained several single family
lots/dwellings and associated yards on both sides of Twyla Road prior to being purchased by the applicant.
Twyla Road bisects the project site and currently is the only point of access to the project area, as well as
privately owned property to the north and west of the project.
4b. Have Corps permits or DWR certifications been obtained for this
project (including all prior phases) in the past?
El Yes ❑x No ❑Unknown
4c. If yes, please give the DWR Certification number and/or Corps
Action ID (ex. SAW-0000-00000):
SAW-2018-02111
jClick to enter.]
Attach any pertinent project history documentation
4d. Attach an 8% x 11" excerpt from the most recent version of the USGS topographic map indicating the location of
the project site.
4e. Attach an 8% x 11" excerpt from the most recent version of the published County NRCS Soil Survey map
depicting the project site.
4f. List the total estimated acreage of all existing wetlands on the
property:
1.2 acres
4g. List the total estimated linear feet of all existing streams (intermittent
and perennial) on the property:
3,587 linear feet
4g1. List the total estimated acreage of all existing open waters on the
property:
0 acres
4h. Explain the purpose of the proposed project:
The purpose of the proposed project is to construct a mixed -use, multifamily apartment complex and
commercial/retail development to provide alternative housing options for people who want to live in the Town of
Cary but cannot afford to purchase a home due to high real estate prices. .
The applicant chose the Town of Cary as the desired location for the proposed project based on numerous
factors including proximity/access to high paying jobs within Cary and surrounding municipalities, thriving
social/entertainment scene, schools, access to various transportation networks, and other factors that make Cary
a desirable place to live. The applicants market research determined that there is a deficit of affordable rental
workforce housing within the Town of Cary. Additionally, the median home price within the Town of Cary is in
excess of $600,000 (per www.Redfin.com on 6/17/2022) resulting in a significant barrier for entry into home
ownership. The high home prices and deficit in affordable rental workforce housing makes the Town of Cary the
ideal location for the proposed project. These levels of high real estate prices persist throughout Wake County.
Based on current interest rates (5.91 %) on a 30-year mortgage with 20% down ($120,00), the monthly mortgage
payment would be $2,850 per month before taxes and insurance. And interest rates continue to go up making
the purchase of a home even more expensive. The current monthly cost of home ownership is more than 30%
higher than the projected average rents for the proposed apartment complex. The proposed project will provide a
garden style apartment community which will offer a quality home to the residents of Cary who cannot afford to
purchase a home in Cary.
Additionally, the proposed project is located 0.17 miles from the Morrisville Parkway/540 interchange, allowing
residents immediate access to 540 to travel to various locations throughout the triangle and eliminating traffic
congestion on smaller roads and thoroughfares within the Town of Cary.
4i. Describe the overall project in detail, including the type of equipment to be used:
See PCN Cover Letter for details on the proposed project.
4j. Attach project drawings/site diagrams/depictions of impact areas for the proposed project.
Page 6 of 22
PCN Form - Version 1.5, September 2020

5. Jurisdictional Determinations
5a. Have the wetlands or streams been delineated on the property or in
proposed impact areas?
- Yes ❑ No ❑Unknown
Comments:
The wetland delineation for the proposed project was approved by the USACE in the Preliminary Jurisdictional
Determination (SAW-2018-02111) dated 12/15/2021 which has been provided as an attachment to this
application.
5b. If 5a is yes, who delineated the jurisdictional
areas?
Name (if known): Troy Beasley
Agency/Consultant Company: WithersRavenel
Other: Click to CI Ile,
5c. If the Corps made a jurisdictional determination,
what type of determination was made?
❑x Preliminary ❑ Approved ❑ Emailed Concurrence
❑ Not Verified ❑ Unknown
Corps AID number (ex. SAW-0000-00000):
^,lick to enter
5d. List the dates of the Corps jurisdictional determination or State determination if a determination was made by
either agency.
USACE issued a Preliminary Jurisdictional Determination (SAW-2018-02111) for the project area dated
12/15/2021 which has been provided as an attachment to this application.
The Town of Cary issued a Buffer Determination Letter for the proposed project (TCRB 18-008) on 3/15/2019
which has been provided as an attachment to this application.
5d1. Attach jurisdictional determinations.
Page 7 of 22 PCN Form - Version 1.5, September 2020

6. Future Project Plans
6a. Is this a phased project?
❑ Yes ❑x No
6b. If yes, explain.
'lick to enter.
Are any other NWP(s), regional general permit(s), or individual permit(s) used, or intended to be used, to authorize
any part of the proposed project or related activity? This includes other separate and distant crossings for linear
projects that require Department of the Army authorization but don't require pre -construction notification.
No
Page 8 of 22 PCN Form - Version 1.5, September 2020

D. Proposed Impacts Inventory
1. Impacts Summary
1 a. Where are the impacts associated with your project
(check all that apply):
❑x Wetlands
❑ Buffers
❑ Pond Construction
❑x Streams - tributaries
❑ Open Waters
2. Wetland Impacts
If there are wetland impacts proposed on the site, complete this table for each wetland area impacted.
2a.
Site #
2a1.
Impact
Reason/Type
2b.
Impact
Duration
2c.
Wetland Name
2d.
Wetland Type
2e.
Forested
?
2f.
Jurisdiction
Type*
2g.
Impact Area
(ac)
W1
Choose one
Temp/
Perm
Click to enter
Choose one
Choose one
Click to
enter
W2
Choose one
Temp/
Perm
Click to enter
Choose one
Choose one
Click to
enter
W3
Choose one
Temp/
Perm
Click to enter
Choose one
Y/N
Choose one
Click to
enter
W4
Choose one
Temp/
Perm
Click to enter
Choose one
Y/N
Choose one
Click to
enter
W5
Choose one
Temp/
Perm
Click to enter
Choose one
Y/N
Choose one
Click to
enter
W6
Choose one
Temp/
Perm
Click to enter
Choose one
Y/N
Choose one
Click to
enter
2g1. Total temporary wetland impacts
Click to enter. ac
2g2. Total permanent wetland impacts
Click to enter. ac
2g3. Total wetland impacts
Click to enter. ac
2h. Comments:
See Wetland Impact Table on next page
Page 9 of 22 PCN Form - Version 1.5, September 2020

2. Wetland Impacts
If there are wetland impacts proposed on the site, complete this table for each wetland area impacted.
2a.
Site #
2a1.
Impact
Reason
2b.
Impact
Duration
2c.
Wetland
Name
2d.
Type of
Wetland
2e.
Forested?
2f.
Jurisdiction
Type
2g.
Impact
Area (ac)
W1
Road
Improvements
(Twyla Rd)
Permanent
Wetland K
Headwater
Forest
Yes
Both
0.025
W2
Road
Improvements
(Twyla Rd)
Permanent
Wetland E
Headwater
Forest
Yes
Both
0.20
W3
Greenway
Permanent
Wetland F
Headwater
Forest
Yes
Both
0.001
W4
Road
Crossing
(Stockwell Ln)
Permanent
Wetland J
Headwater
Forest
Yes
Both
0.233
W5
Riprap
Dissipator
Permanent
Wetland J
Headwater
Forest
Yes
Both
0.035
W6
Indirect
Secondary
Impact
Permanent
Wetland J
Headwater
Forest
Yes
Both
0.004
W7
Riprap
Stabilization
Permanent
Wetland J
Headwater
Forest
Yes
Both
0.009
W8
Coffer
Dam/Temp
Construction
Access
Temporary
Wetland J
Headwater
Forest
Yes
Both
0.027
W9
Road
Improvements
(Twyla Rd)
Permanent
Wetland D
Headwater
Forest
Yes
Both
0.107
W10
Indirect
Secondary
Impact
Permanent
Wetland J
Headwater
Forest
Yes
Both
0.032
W11
Site Fill for
Hotel
Permanent
Wetland K
Headwater
Forest
Yes
Both
0.051
2g1. Total temporary wetland impacts
0.027 ac
2g2. Total permanent wetland impacts
0.516 ac
2g3. Total Wetland Impacts
0.543 ac
2h. Comments
See PCN Cover Letter for Additional Information on Proposed Wetland Impacts

3. Stream Impacts
If there are perennial or intermittent stream/ tributary impacts (including temporary impacts) proposed on the site,
complete this table for all stream/ tributary sites impacted.
** All Perennial or Intermittent streams must be verified by DWR or delegated local government
Site #
3a.
Impact Reason/
Type
3b.
Impact
Duration
3d.
Stream Name
3e.
Stream
Type
3f.
Jurisdiction
Type
3g.
Stream Width
(avg ft)
3h.
Impact length
(linear ft)
S1
Fill (Incl. Riprap)
Permanent
Stream 1
Intermittent
Both
5
646
S2
Fill (Incl. Riprap)
Permanent
Stream 1
Intermittent
Both
5
147
S3
Other
Temporary
Stream 2
Intermittent
Both
10
10
S4
Fill (Incl. Riprap)
Permanent
Stream 2
Intermittent
Both
10
45
S5
Crossing/ Culvert
Permanent
Stream 2
Intermittent
Both
10
110
S6
Fill (Incl. Riprap)
Permanent
Stream 2
Intermittent
Both
9
33
S7
Other
Temporary
Stream 3
Intermittent
Both
10
10
S8
Fill (Incl. Riprap)
Permanent
Stream 3
Intermittent
Both
10
50
S9
Crossing/ Culvert
Permanent
Stream 3
Intermittent
Both
12
56
S10
Choose one,
Temp/ Perm
Click to enter
Per/Int
Choose one
Click to enter
Click to enter
S11
Choose one
Temp/ Perm
Click to enter
Per/Int
Choose one
Click to enter
Click to enter
S12
choose one
Temp/ Perm
Click to enter
Per/Int
Choose one
Click to enter
Click to enter
S13
Choose one
Temp/ Perm
Click to enter
Per/Int
Choose one
Click to enter
Click to enter
S14
Choose one
Temp/ Perm
Click to enter
Per/Int
Choose one
Click to enter
Click to enter
S15
Choose onf
Temp/ Perm
Click to enter
Per/Int
Choose one
Click to enter
Click to enter
3i1. Total jurisdictional ditch impact:
0 linear ft
3i2. Total permanent stream impacts:
1,087 linear ft
3i3. Total temporary stream impacts:
20 linear ft
3i4. Total stream and ditch impacts:
1,107 linear ft
3j. Comments:
See PCN Cover Letter for additional information on proposed stream impacts.
Page 10 of 22 PCN Form - Version 1.5, September 2020

4. Open Water Impacts
If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other
open water of the U.S., individually list all open water impacts in the table below.
4a.
Site #
4b.
Impact Reason/
Type
4c.
Impact
Duration
4d.
Waterbody Name
4e.
Waterbody
Type*
4e1.
Jurisdiction
Type
4f.
Impact area (ac)k
01
Choose one
Temp/
Perm
Click to enter.
Choose one
Choose one
Click to enter.
02
Choose one
Temp/
Perm
Click to enter.
Choose one
Choose one
Click to enter.
03
Choose one
Temp/
Perm
Click to enter.
Choose one
Choose one
Click to enter.
04
Choose one
Temp/
Perm
Click to enter.
Choose one
Choose one
Click to enter.
4g. Total temporary open water impacts
Click to enter. ac
4g. Total permanent open water impacts
Click to enter. ac
4g. Total open water impacts
Click to enter. ac
4h. Comments:
Click to enter.
5. Pond or Lake Construction
If pond or lake construction is proposed, complete the table below. (*This does NOT include offline stormwater
management ponds.)
5a.
Pond ID
#
5b.
Proposed use or
purpose of pond
5c.
Wetland Impacts (ac)
5d.
Stream Impacts (ft)
5e.
Upland
Impacts (ac)
Flooded
Filled
Excavated
Flooded
Filled
Excavated
P1
Choose one
Click tL.
enter.
Click tk.
enter.
Click to
enter.
Click to
enter.
Click to
enter.
Click to
enter.
Click to
enter.
P2
Choose one
Click to
enter.
Click to
enter.
Click to
enter.
Click to
enter.
Click to
enter.
Click to
enter.
Click to
enter.
5f. Total
Click to
enter.
Click to
enter.
Click to
enter.
Click to
enter.
Click to
enter.
Click to
enter.
Click to
enter.
5g. Comments:
Click to enter.
5h. Is a dam high hazard permit required?
❑ Yes ❑ No
If yes, permit ID no.:
Click to enter.
5i. Expected pond surface area (acres):
Click to enter.
5j. Size of pond watershed (acres):
Click to enter.
5k. Method of construction:
Click to enter.
Page 11 of 22 PCN Form - Version 1.5, September 2020

6. Buffer Impacts (DWR requirement)
If project will impact a protected riparian buffer, then complete the chart below. Individually list all buffer impacts.
6a. Project is in which protected basin(s)?
(Check all that apply.)
❑ Neuse ❑ Tar -Pamlico ❑ Catawba
❑ Jordan ❑ Goose Creek ❑ Randleman
❑ Other: Click to enter.
Site #*
6b.
Impact Type*
6c.
Impact Duration*
6d.
Stream Name*
6e.
Buffer
Mitigation
Required?*
6f.
Zone 1 Impact*
(sq ft)
6g.
Zone 2 Impact*
(sq ft)
B1
Choose one
Temp/ Perm
Click to enter.
Y/N
Click to enter.
Click to enter.
B2
Choose one
Temp/ Perm
Click to enter.
Y/N
Click to enter.
Click to enter.
B3
Choose one
Temp/ Perm
Click to enter.
Y/N
Click to enter.
Click to enter.
B4
Choose one
Temp/ Perm
Click to enter.
Y/N
Click to enter.
Click to enter.
B5
Choose one
Temp/ Perm
Click to enter.
Y/N
Click to enter.
Click to enter.
B6
Choose one
Temp/ Perm
Click to enter.
Y/N
Click to enter
Click to enter.
B7
Choose one
Temp/ Perm
Click to enter.
Y/N
Click to enter
Click to enter.
B8
Choose one
Temp/ Perm
Click to enter.
Y/N
Click to enter
Click to enter.
B9
Choose one
Temp/ Perm
Click to enter.
Y/N
Click to enter
Click to enter.
B10
Choose one
remp/ Perm
Click to enter.
Y/N
Click to enter
Click to enter.
6h. Total temporary impacts:
Zone 1: Click to enter. sq ft
Zone 2: Click to enter. sq ft
6h. Total permanent impacts:
Zone 1: Click to enter. sq ft
Zone 2: Click to enter. sq ft
6h. Total combined buffer impacts:
Zone 1: Click to enter. sq ft
Zone 2: Click to enter. sq ft
6i. Comments:
Click to enter.
Please attach supporting documentation (impact maps, plan sheets, etc.) for the proposed project.
Page 12 of 22 PCN Form - Version 1.5, September 2020

E. Impact Justification and Mitigation
1. Avoidance and Minimization
la. Specifically describe measures taken to avoid or minimize the proposed impacts through project design:
Prior to site plan design, the applicant requested that a detailed wetland delineation be conducted so that
impacts to wetlands and "waters" could be minimized.
Proposed wetland and stream impacts have been minimized to only those necessary for infrastructure. There
are no proposed impacts for construction of buildings, parking, or stormwater management.
The majority of the proposed wetland and stream impacts are necessary for construction of the roads for access
to the site. The primary access to the proposed Legacy Cary development will be Twyla Road from Morrisville
Parkway. The existing connection of Twyla Road to Morrisville Parkway will be relocated to the traffic circle
because the existing intersection is too close to the traffic circle to meet NCDOT separation standards. Also,
relocating Twyla Road to connect to the traffic circle provides safer conditions for vehicles entering and leaving
Twyla Road. Aside from the relocation of the connection of Twyla Road to the Morrisville Parkway traffic circle,
Twyla Road will be improved in its current location/alignment.
Twyla Road will be a public road and is required to be improved to meet Town of Cary design standards for a
public roadway and will have a 60' ROW. Twyla Road must be widened and raised 33 feet in elevation to match
the existing elevation of Morrisville Parkway traffic circle (350' elevation) and transition the road to natural grade
at the northern cul-de-sac (282' elevation). The required improvements to Twyla Road will result in permanent
impacts to the Stream 1 (intermittent) that runs parallel to Twyla Road only a few feet from the existing edge of
pavement. As discussed in depth in the "Onsite Alternatives" section of the attached Alternatives Analysis,
various alignments and designs for Twyla Road improvements were explored and determined to not be feasible
or not resulting in a reduction of impacts to Stream 1.
The extension of Stockwell Lane is necessary to meet Town of Cary's interconnectivity requirements and will
provide a secondary access to Morrisville Parkway for residents of Fryars Gate subdivision traveling west on
Morrisville Parkway. The alignment of the Stockwell Lane extension was restricted by the location of the existing
road stub within the Fryars Gate subdivision to the east. The proposed impacts for the Stockwell Lane extension
have been minimized to the greatest extent practicable while maintaining a functional design that prevents future
disturbance to Streams 2 & 3 as discussed in depth in the "Proposed Project" section above.
Upon completion of construction of the Stockwell Lane extension, the temporary coffer dams within Wetland J,
and Streams 2 & 3 will be removed. The temporary stream impact areas restored to natural grade (bed and
bank). The stream banks will be lined with biodegradable matting and seeded, if possible, depending on the
water levels. No matting will be placed on the stream bed. Additionally, temporary wetland impact areas will be
restored to natural grade and seeded with a wetland seed mix.
The greenway trail has been designed to minimize wetland impacts to only those necessary for a riprap
dissipator for a culvert in the greenway trail to prevent erosion within Wetland F. There are no proposed wetland
or stream impacts required for construction of the greenway trail.
1 b. Specifically describe measures taken to avoid or minimize proposed impacts through construction techniques:
During construction, access will occur within uplands where practical. Sediment & erosion control devices and
silt fencing will be installed prior to construction to prevent sediment from escaping into downstream waters and
also avoid disturbance wetlands and streams beyond the approved impact areas.
2.
Compensatory Mitigation for Impacts to Waters of the U.S., Waters of the State, or Riparian Buffers
2a.
If compensatory mitigation is required, by whom is it required?
❑ DWR ❑x Corps
(check all that apply)
Page 13 of 22
PCN Form - Version 1.5, September 2020

2b. If yes, which mitigation option(s) will be used for this
project? (check all that apply)
❑ Mitigation Bank
❑x In Lieu Fee Program
❑ Permittee Responsible Mitigation
3. Complete if using a Mitigation Bank (Must satisfy NC General Statute143-214.11 (d1).)
3a. Name of mitigation bank:
Click to enter.
3b. Credits purchased/requested:
Type: Choose one
Quantity Click to enter.
Type: Choose one
Quantity Click to enter.
Type: Choose one
Quantity Click to enter.
Attach receipt and/or approval letter.
3c. Comments:
Click to enter.
4. Complete if Using an In Lieu Fee Program
4a. Attach approval letter from in lieu fee program.
4b. Stream mitigation requested:
1,193 linear feet
4c. If using stream mitigation, what is the stream temperature:
warm
NC Stream Temperature Classification Maps can be found under the Mitigation Concepts tab on the Wilmington
District's RIBITS website: (Please use the filter and select Wilmington district)
https://ribits.usace.armv.mil/ribits apex/f?p=107:27:2734709611497::NO:RP:P27 BUTTON KEY:0
4d. Buffer mitigation requested (DWR only):
Click to enter. square feet
4e. Riparian wetland mitigation requested:
0.996 acres
4f. Non -riparian wetland mitigation requested:
Click to enter. acres
4g. Coastal (tidal) wetland mitigation requested:
Click to enter. acres
4h. Comments:
See PCN Cover Letter for details on the proposed compensatory mitigation.
WR contacted mitigation banks that service the Cape Fear 0303000206 basin (RES/Restoration Systems) to
determine availability of proposed stream and wetland mitigation. Neither mitigation bank has enough stream or
wetland credits currently available to provide the total 0.996 acres of wetland mitigation and 1,193 If of stream
mitigation proposed even when combined. Both banks are expecting future releases of stream and wetland
credits prior to issuance of the 404/401 permits. In order to provide certainty that the applicant has the ability to
provide the proposed stream and wetland mitigation for the project, WR obtained a ILF Letter of Acceptance
from NCDMS for the entire 0.996 acres of wetland mitigation and 1,193 If of stream mitigation proposed, which is
attached. Prior to issuance of the 404/401 permits, WR will coordinate with the mitigation banks to determine
what stream and wetland credits are available at that time and will reserve as much of each type of mitigation
credits as possible within the banks and submit a mitigation proposal modification notification to the USACE and
NCDWR specifying the wetland mitigation credits to be purchased from a mitigation bank, or combination of
mitigation banks and NCDMS (if necessary) for the preparation of the MRTFs.
Page 14 of 22
PCN Form - Version 1.5, September 2020

5. Complete if Providing a Permittee Responsible Mitigation Plan
5a. If proposing a permittee responsible mitigation plan, provide a description of the proposed mitigation plan,
including the amount of mitigation proposed.
(:lick to anfar
5b. Attach mitigation plan/documentation.
6. Buffer Mitigation (State Regulated Riparian Buffer Rules) — DWR requirement
6a. Will the project result in an impact within a protected riparian buffer
that requires buffer mitigation?
❑ Yes ❑ No
If yes, please complete this entire section — please contact DWR for more information.
6b. If yes, identify the square feet of impact to each zone of the riparian buffer that requires mitigation. Calculate the
amount of mitigation required in the table below.
Zone
6c.
Reason for impact
6d.
Total impact (square
feet)
Multiplier
6e.
Required mitigation
(square feet)
Zone 1
Click to enter.
Click to enter.
:,hoose one
Click to enter.
Zone 2
:,lick to enter.
Click to enter.
:,hoose one
Click to enter.
6f. Total buffer mitigation required
Click to enter.
6g. If buffer mitigation is required, is payment to a mitigation bank or
NC Division of Mitigation Services proposed?
❑ Yes ❑ No
6h. If yes, attach the acceptance letter from the mitigation bank or NC Division of Mitigation Services.
6i. Comments:
elicK to enter.
Page 15 of 22 PCN Form - Version 1.5, September 2020

F. Stormwater Management and Diffuse Flow Plan (DWR requirement)
1.
Diffuse Flow Plan
1 a.
Does the project include or is it adjacent to protected riparian buffers
identified within one of the NC Riparian Buffer Protection Rules?
► Yes ❑ No
1 b.
All buffer impacts and high ground impacts require diffuse flow or other forms of stormwater treatment. If the
project is subject to a state implemented riparian buffer protection program, include a plan that fully documents
how diffuse flow will be maintained.
All Stormwater Control Measures (SCM) must be designed in accordance with the NC Stormwater Design
Manual (https://deq.nc.gov/about/divisions/energy-mineral-land-resources/energy-mineral-land-permit-
quidance/stormwater-bmp-manual).
Associated supplement forms and other documentation must be provided.
What Type of SCM are you
providing?
(Check all that apply)
❑ Level Spreader
El Vegetated Conveyance (lower seasonal high water table- SHVVT)
❑ Wetland Swale (higher SHWT)
❑x Other SCM that removes minimum 30% nitrogen
❑ Proposed project will not create concentrated stormwater flow through the
buffer
For a list of options to meet the diffuse flow requirements, click here:
Attach diffuse flow documentation.
2.
Stormwater Management Plan
2a.
Is this an NCDOT project subject to compliance with NCDOT's
Individual NPDES permit NCS000250?
❑ Yes ❑x No
2b.
Does this project meet the requirements for low density projects as
defined in 15A NCAC 02H .1003(2)?
El Yes ❑x No
To look up low density requirements, click here:
http://reports.oah.state.nc.us/ncac/title%2015a%20-%20environmental%20quality/chapter%2002%20-
%20environmental%20management/subchapter%20h/15a%20ncac%2002h%20.1003.pdf
2c.
IS the project over an acre?
❑x Yes ❑ No
2d.
Does this project have a stormwater management plan (SMP)
reviewed and approved under a state stormwater program or state-
approved local government stormwater program?
❑x Yes ❑ No
Note: Projects that have vested rights, exemptions, or grandfathering from state or locally implemented
stormwater programs or projects that satisfy state or locally -implemented stormwater programs through use of
community in -lieu programs should answer "no" to this question.
2e.
Which of the following stormwater management program(s) apply?
(Check all that apply)
❑x Local Government
❑ State
If you have local government approval, please include the SMP on their overall impact map.
Page 16 of 22
PCN Form - Version 1.5, September 2020

Local Government Stormwater Programs
❑x Phase II
❑x NSW
❑ USMP
❑x Water Supply
Please identify which local government stormwater program you are using.
Town of Cary
State Stormwater Programs
El Phase II
❑ Coastal Counties
El HQW or ORW
❑ Other
Comments:
Page 17 of 22 PCN Form - Version 1.5, September 2020

G. Supplementary Information
1.
Environmental Documentation
1 a.
Does the project involve an expenditure of public (federal/state/local)
funds or the use of public (federal/state) land?
❑ Yes
0 No
1 b.
If you answered "yes" to the above, does the project require
preparation of an environmental document pursuant to the
requirements of the National or State (North Carolina) Environmental
Policy Act (NEPA/SEPA)?
❑Yes
❑ No
lc.
If you answered "yes" to the above, has the document review been
finalized by the State Clearing House? (If so, attach a copy of the
NEPA or SEPA final approval letter.)
❑ Yes
❑ No
Comments:
Click to enter.
2. Violations (DWR Requirement)
2a. Is the site in violation of DWR Water Quality Certification Rules (15A
NCAC 2H .0500), Isolated Wetland Rules (15A NCAC 2H .1300),
DWR Surface Water or Wetland Standards or Riparian Buffer Rules
(15A NCAC 2B .0200)?
❑ Yes 0 No
2b. If you answered "yes" to the above question, provide an explanation of the violation(s):
Click to enter.
3.
Cumulative Impacts (DWR Requirement)
3a.
Will this project (based on past and reasonably anticipated future
impacts) result in additional development, which could impact nearby
downstream water quality?
❑ Yes 0 No
3b.
If you answered "no", provide a short narrative description:
The proposed project is located within a heavily developed are of Cary/Wake County and is not anticipated to be
a specific catalyst for future development. Additionally, there are no additional phases anticipated nor additional
property proposed for purchase by the applicant adjacent to the proposed project. Therefore, the proposed
project will not result in additional development which could impact nearby downstream water quality.
3c.
If yes, attach a qualitative or quantitative cumulative impact analysis (.pdf) in accordance with the most recent
DWR policy.
4. Sewage Disposal (DWR Requirement)
4a. Is sewage disposal required by DWR for this project?
Yes ❑ No ❑ N/A
Page 18 of 22 PCN Form - Version 1.5, September 2020

4b. If yes, describe in detail the treatment methods and dispositions (non -discharge or discharge) of wastewater
generated from the proposed project. If the wastewater will be treated at a treatment plant, list the capacity
available at that plant.
Town of Cary sanitary sewer
5.
Endangered Species and Designated Critical Habitat (Corps Requirement)
5a.
Will this project occur in or near an area with federally protected
species or habitat? (IPAC weblink: https://www.fws.gov/ipac/ ffws.govl)
❑ Yes ❑x No
5b.
Have you checked with the USFWS concerning Endangered Species
Act impacts?
❑ Yes ❑x No
5c.
If yes, indicate the USFWS Field Office you have contacted.
choose one
5d.
Is another federal agency involved?
❑ Yes ❑x No ❑ Unknown
If yes, which federal agency?
Click to enter.
5e.
Is this a DOT project located within Divisions 1-8?
❑ Yes ❑x No
5f.
Will you cut any trees in order to conduct the work in waters of the
U.S.?
►�I Yes El No
5g.
Does this project involve bridge maintenance or removal? *
❑ Yes ❑x No
Link to NLEB SLOPES document: http://saw-req.usace.armv.mil/NLEB/1-30-17-signed NLEB-
SLOPES&apps.pdf
5h.
Does this project involve the construction/ installation of a wind
turbine(s)?
El Yes ❑x No
If yes, please show the location of the wind turbine(s) on the permit drawings/ project plans (attach .pdf)
5i.
Does this project involve blasting and /or other percussive activities
that will be conducted by machines, such as jackhammers,
mechanized pile drivers, etc.?
❑ Yes ❑x No
If yes, please provide details to include type of percussive activity, purpose, duration, and specific location of this
activity on the property (attach .pdf)
5j.
What data sources did you use to determine whether your site would impact Endangered Species or Designated
Critical Habitat?
See PCN Cover Letter for information regarding evaluation of the project for impacts to federally listed species
and critical habitat.
Attach consultation documentation.
6.
Essential Fish Habitat (Corps Requirement)
6a.
Will this project occur in or near an area designated as
an Essential Fish Habitat?
El Yes
❑x No
Are there submerged aquatic vegetation (SAV) around
the project vicinity?
El Yes
❑x No
El Unknown
Page 19 of 22
PCN Form - Version 1.5, September 2020

Will this project affect submerged aquatic vegetation?
❑ Yes ❑ No
Explain::,lick to enter.
❑ Unknown
6b. What data source(s) did you use to determine whether your site would impact Essential Fish Habitat?
WR reviewed the NOAA Essential Fish Habitat online mapper, located at:
http://www. habitat. noaa.gov/protection/efh/eth mapper/index. html. There are no waters classified as EFH in
Wake County.
Page 20 of 22 PCN Form - Version 1.5, September 2020

7.
Historic or Prehistoric Cultural Resources (Corps Requirement)
Link to the State Historic Preservation Office Historic Properties Map (does not include archaeological data):
http://q is. n cd cr.g ov/h powe b/
7a.
Will this project occur in or near an area that the state, federal or tribal
governments have designated as having historic or cultural
preservation status (e.g., National Historic Trust designation or
properties significant in North Carolina history and archaeology)?
❑Yes ❑x No
7b.
What data source(s) did you use to determine whether your site would impact historic or archeological
resources?
WR submitted a project review request to SHPO in January 2019. In a letter dated 1/31/2019, SHPO specified
that they are aware of no historic resources which would be affected by the project and have no comment on the
project as proposed. The SHPO comment letter has been provided as an attachment.
7c.
Attach historic or prehistoric documentation.
8. Flood Zone Designation (Corps Requirement)
Link to the FEMA Floodplain Maps: https://msc.fema.gov/portal/search
8a. Will this project occur in a FEMA-designated 100-year floodplain? *
❑ Yes
❑x No
8b. If yes, explain how the project meets FEMA requirements.
UIICK to enter.
8c. What source(s) did you use to make the floodplain determination?
www.ncfloodmaps.com
Page 21 of 22 PCN Form - Version 1.5, September 2020

H. Miscellaneous
Comments:
(`lirlr fn a -
Attach pertinent documentation or attachments not previously requested
I. Signature*
❑x By checking the box and signing below, I, as the project proponent, certify to the following:
• The project proponent hereby certifies that all information contained herein is true, accurate, and complete, to
the best of my knowledge and belief;
• The project proponent hereby requests that the certifying authority review and take action on this CWA 401
certification request within the applicable reasonable period of time;
• The project proponent hereby agrees that submission of this PCN form is a "transaction" subject to Chapter
66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act");
• The project proponent hereby agrees to conduct this transaction by electronic means pursuant to Chapter 66,
Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act");
• The project proponent hereby understands that an electronic signature has the same legal effect and can be
enforced in the same way as a written signature; AND
• As the project proponent, I intend to electronically sign and submit the PCN/online form.
Full Name: Troy Beasley — WithersRavenel — Authorized Agent
Signature: c
��,�
Date:\J
6/21 /2022 '
Page 22 of 22 PCN Form - Version 1.5, September 2020

::WithersRavenel
Our People. Your Success.
REVISED NCDMS LETTER OF ACCEPTANCE
FOR WETLAND/STREAM MITIGATION

ROY COOPER
Governor
r
ELIZABETH S.BISER �. �
Secretary ww
MARC RECKTENWALD NORTH CAROLINA
Director Environmental Quality
June 20, 2022
Derek Boesch
Legacy Cary, LLC
25101 Chagrin Blvd, Suite 300
Beachwood, OH 44122 Expiration of Acceptance: 12/20/2022
Project: Legacy-Cary (Twyla Rd) County: Wake
The purpose of this letter is to notify you that the NCDEQ Division of Mitigation Services (DMS) is willing to
accept payment for compensatory mitigation for impacts associated with the above referenced project as
indicated in the table below. Please note that this decision does not assure that participation in the DMS in-
lieu fee mitigation program will be approved by the permit issuing agencies as mitigation for project impacts.
It is the responsibility of the applicant to contact permitting agencies to determine if payment to the DMS will
be approved. You must also comply with all other state, federal or local government permits, regulations or
authorizations associated with the proposed activity including G.S. § 143-214.11.
This acceptance is valid for six months from the date of this letter and is not transferable. If we have not
received a copy of the issued 404 Permit/401 Certification within this time frame, this acceptance will
expire. It is the applicant's responsibility to send copies of the permits to DMS. Once DMS receives a copy
of the permit(s) an invoice will be issued based on the required mitigation in that permit and payment must
be made prior to conducting the authorized work. The amount of the in-lieu fee to be paid by an applicant is
calculated based upon the Fee Schedule and policies listed on the DMS website.
Based on the information supplied by you in your request to use the DMS, the compensatory mitigation
credit you are requesting is summarized in the following table. The amount of mitigation required and
assigned to DMS for this impact is determined by permitting agencies and may differ from the amounts
shown below.
River Basin Impact Location Impact Type Requested Credit
(8-digit HUG)
Cape Fear 03030002 Warm Stream 1,193
Cape Fear 03030002 Riparian Wetland 0.909
Upon receipt of payment, DMS will take responsibility for providing the compensatory mitigation. The
mitigation will be performed in accordance with the In-Lieu Fee Program instrument dated July 28, 2010 and
15A NCAC 02B .0295 as applicable. Thank you for your interest in the DMS in-lieu fee mitigation program.
If you have any questions or need additional information, please contact [e-mail].
Sincerely,
7‘t/VipjLtiCivytcs,a,
FOR James. B Stanfill
Asset Management Supervisor
cc: Troy Beasley, agent
ANorth Carolina Department of Environmental Quality I Division of Mitigation Services
hf E2TH CRR[]I INA 217 West Jones Street I1652 Mail Service Center Rleih,North Carolina 276941652
iIMisalren MEn/05,0, MRya 919.707.8976

::WithersRavenel
Our People. Your Success.
REVISED WETLAND IMPACT MAPS
(6/20/2022)

WETLAND IMPACT SUMMARY
MAP
IMPACT
NUMBER
TEMPORARY WETLAND IMPACT
PERMANENT WETLAND IMPACT
SECONDARY WETLAND IMPACT
(AC)
(SF)
(AC)
(SF)
(AC)
(SF)
2
WI
-
--
0025 AC
1078 SF
-
-
2
W2
--
--
0020 AC
881 SF
--
--
2
W3
--
- -
0001 AC
285F
--
- -
3
W4
--
--
0233 AC
10,149 SF
--
--
3
W5
--
- -
0035 AC
1,501 SF
--
--
3
W6
-
--
-
-
0004 AC
163 SF
3
W7
-
-
0009 AC
3935F
-
-
3
W8
0027 AC
118SF
-
-
-
-
4
W9
-
-
0.107 AC
4,652 SF
-
-
3
W10
-
-
--
-
0032 AC
1381 SF
2
W11
-
-
0051 AC
2,210SF
-
TOTALS
0027 AC
1186 SF
0480 AC
20,82 SF
0036AC
15445F
•
if;
\ \ \ 60' ACCESS EASEMENT
1 I FOR NORTHERN PARCELS
I IC71-
VERT TO BE REMOVED
1/ //
• I
II 1(
i) ((
//
30" x 12' LONG
It
13)/
AREA W3
WETLAND ENCROACHEMENT
SEE MAP 2 FOR DETAILED VIEW
AREA W9
WETLAND ENCROACHEMENT
SEE MAP 4 FOR DETAILED VIEW
till
Lel
AREA W4 THRU W8
WETLAND ENCROACHEMENT
SEE MAP 3 FOR DETAILED VIEW
j- f �j
M7 ,r, --
AREA W2
- WETLAND ENCROACHEMENT
SEE MAP 2 FOR DETAILED VIEW -. r '
AREA W1
WETLAND ENCROACHEMENT
SEE MAP 2 FOR DETAILED VIEW
FUTURE COMMERCIAL
FUTURE COMMERCIAL I '
0
200'
400'
LEGEND
PROPOSED IMPACT AREA
r
L- - - - J
PROJECT INFORMATION
PROJECT SITE
SITE ACREAGE:
PIN REFERENCES:
REAL ESTATE I.D.:
36.84± ACRES
0734297619, 0735217059, 0735209946,
0735209448, 0735209159, 0734392943,
0734294615, 0734390881, 0735209740,
0734294807, 0735203489, 0735203991,
0734390677, 0735203193, 0735304691,
0734395976
0105973, 0101553, 0135034,
0129571, 0105972, 0155315,
0100216, 0155314, 0105901,
0100217, 0105971, 0105900,
0481114, 0105970, 0446401,
0446400
1. EXISTING SURVEY INFORMATION PROVIDED BY WITHERSRAVENEL.
2. WETLAND DELINEATION APPROVED BY USACE PRELIMINARY
JURISDICTIONAL DETERMINATION (SAW-2018-0211) DATED 12/15/2021.
3. RIPARIAN BUFFERS APPROVED BY TOWN OF CARY BUFFER
DETERMINATION LETTER (TCRB 18-008) DATED 3/15/2019.
0
Z I-
J m
w X
3w
H
U
Q a
w 2
0
CO
0

C1T17.11]0&5]-T,Ia Road
'>\) 3 3 31
IMPACT AREA W3 j `3
PERMANENT RIPRAP
DISSIPATOR
(0.001 AC) 28 SF
3 3 3
3 3 3
3 3 3
3 3 3
PROPOSED 10' ASPHALT
GREENWAY TRAIL
.• 7
/
\I� 3 3
8'L x 4'W x 18"Thk
3 3
9
(8" D50 STONE)
RIPRAP VELOCITY DISSIPATOR
SEE DETAIL SHEET C9.8
J•
/
AREA W3
WETLAND ENCROACHMENT
0 20' 40'
WETLAND IMPACT SUMMARY
'MP
IMPACT
NUMBER
TEMPORARY WETLAND IMPACT
PERMANENT WETLAND IMPACT
SECONDARY WETLAND IMPACT
(AC)
(SF)
(AC)
(SF)
(AC)
(SF)
WI
--
--
0025 AC
1078 SF
-
-
2
W2
--
--
0.020 AC
881 SF
--
--
W3
--
--
001 AC
28 SF
--
--
3
W4
--
--
0233 AC
10149 SF
--
--
3
W5
--
--
0035 AC
1,501 SF
--
--
3
W5
- -
- -
-
-
0.004 AC
163 SF
3
W7
--
-
0009 AC
393 SF
-
- -
3
W8
0.027 AC
1186 SF
-
-
-
- -
4
W9
-
-
0.107 AC
4,652 SF
-
--
3
W10
-
-
-
-
0.032 AC
13r1._
2
W11
-
--
0051 AC
2,210 SF
-
TOTALS
0.027 AC
11865F
0480 AC
20,8928F
0.036 AC
15445F
W
TWYLA ROAD (SR 3068)
60' PUBLIC RIW
MB 1977 VOL. III PG 755
i
71 �i
JB-305
RIM: 309.17'
INV. IN: 298.40' (JB-306)
INV. IN: 295.10' (FES-317)
INV. OUT: 293.15' (JB-304)
i
MN
■ p I • ■ I ■ ■ ■ ■
300
FES-317
INV. OUT: 295.50' (JB-305)
9
3
3 3
—297-
WETLAND E
PROPERTY LINE ti \ 1
(TYP.)
9
N
9
9
4
23
-o
/
3 1 3
/ 7
305�___________ DRAINAGE (TYP.) STORM
9
3 3
9
3 3
3 3
• 7-
4 I4
* �l
I ) 1 1l
IMPACT W2
I PERMANENT ROAD CROSSING
(0.020 AC) 881 SF
3 •
4/
\ * /I*
\* 13 / /
/ I
EXISTING
WETLANDS (TYP.)
:7 r. - - :.
_ \
\
\
PROPOSED STORM
DRAINAGE EASEMENT (TYP.)
/
lam/ / /
TOWN OF CARY
PIN # 0735203193
1.78 ACRES
1 ) /
I / /
/ /
AREA W2
WETLAND ENCROACHMENT
0 20' 40'
LEGEND
PERMANENT WETLAND IMPACT
WIFF
!T-`I�-CM JB-307
RIM
V. IN:328.32' /
--
A / TWYLA ROAD (SR 3068) — INV. IN: 300.70' (JB-308)
60' PUBLIC RIW INV. IN: 303.55' (FES-318)
,I MB 1977 VOL. III PG 755 INV. OUT: 300.60' (JB-306)
IMPACT W1
PERMANENT ROAD CROSSING
(0.025 AC) 1,078 SF -
PROPOSED STORM
EXISTING
------ ----/ WETLANDS (TYP.)
f"i,,\5 r, ��
/ - WETLAND K
TOWN OF CARY _ — r \ N
PIN # 0735203193 / J \
1.78 ACRES — � � .\ -, \ — � � \
PROPOSED STORM
DRAINAGE (TYP.)
IMPACT W11 1
PERMANENT SITE GRADING '
FOR COMMERCIAL LOT I \
(0.051 AC) 2,210 SF
i ' \
1 T
0
40'
BREAKLINE BETWEEN
ROAD GRADING AND
HOTEL GRADING
FES-318
INV. OUT: 304.00 (JB-307)
80'
AREA W1
WETLAND ENCROACHMENT
FUTURE HOTEL
0
0
Z
0

C1T17.11]0&5]-T,Ia Road
FRIAR GET HOA, INC.
PIN # 0735304691
3.37 ACRES
TEMPORARY GRADING AND — —
\ CONSTRUCTION EASEMENT '
/ PER BM 2017, PG 951 \ � �—
IMPACT AREA W6 —0
y, SECONDARY (0.004 AC)_! --300
163SF
•
20' TYPE "B" BUFFER
— --_ WORK AREADEWATERING
PUMP INTAKE
RIPRAP STILLING BASIN
1 \
STREAM 3
INTERMITTENT
DOWNSTREAM
COFFER DAM
IMPACT AREA W10
SECONDARY IMACT
(0.032 AC) 1,381 SF
\\/'�\\
IMPACT AREA W5
PERMANENT RIPRAP\_
INSTALLATION
(0.035 AC) 1,501 SF "
•
STREAM 4
INTERMITTENT
EXISTING
\ WETLANDS (TYP.)
DOWNSTREAM \
COFFER DAM
RIPRAP STILLING BASIN
1
1 � �
WORK AREA DEWATERING
\ PUMP INTAKE
EXISTING STOCKWELL LANE —
EDGE OF PAVEMENT
TO BE REMOVED
\305
IMPACT AREA W4
PERMANENT ROAD CROSSING
(0.233 AC) 10,149 SF
HOSE FOR BYPASS PUMP(S)
\\\ I\
G \-1
1 p�� ,
— — _ 1 WETLAND J
PROPERTY LINE
(TYP.)
___—��'^
BYPASS PUMP(S) � — *-
4) 4--I 4 /
/ 4
IMPACT AREA W8
TEMPORARY CONSTRUCTION
ACCESS
(0.026AC) 1,141 SF
3 3 3 4
�.` TOP OF BANK
UPSTREAM COFFER DAM
AND TEMPORARY
CONSTRUCTION ACCESS 3
IMPACT W7
TEMPORARY GRADING AND
CONSTRUCTION EASEMENT
PER BM 2017, PG 951
z --
FRIAR FAMILY LIMITED
PARTNERSHIP
PIN # 0734395976
3.48 ACRES
/ \
TEMPORARY CONSTRUCTION ACCESS / /
(0.001 AC) 45 SF
AREAS W4 THRU W8
WETLAND
ENCROACHMENT
4 4
STREAM 2
PERENNIAL
7 7
BYPASS PUMP(S)
4\ y y y
1 /
IMPACT AREA W7
PERMANENT STABILIZATION
(0.009 AC) 393 SF
moo',
1,r�
T
m
4 4
4 4
4 4
gP
4 4
4 4
4 4 4 3
*/
4 4 �/
MAP
IMPACT
NUMBER
W1
W2
W3
W4
0
20'
40'
LEGEND
PERMANENT WETLAND IMPACT
TEMPORARY WETLAND IMPACT
SECONDARY WETLAND IMPACT
WETLAND IMPACT SUMMARY
TEMPORARY WETLAND IMPACT
PERMANENT WETLAND IMPACT
1
SECONDARY WETLAND IMPACT
(AC)
(SF)
(AC)
0023AC
0001AC
0233AC
(SF)
10785F
8815F
28SF
1o1495F
(AC)
(SF)
W5
D.AC
1,5015F
0004 AC
1035F
W/
0W3AC
3935F
W8
0027 AC
1180 SF
4
0101AC
46525F
W10
0032AC
1 815F
W11
0051 AC
22105F
TOTALS
0027AC
186 SF
048DAC
20,8925F
0.AC
1,5445F
y)O
O
Z
0
P
0

C1T17.11]0&5]-T,Ia Road
WETLAND IMPACT SUMMARY
MAP
IMPACT
NUMBER
TEMPORARY WETLAND IMPACT
PERMANENT WETLAND IMPACT
SECONDARY WETLAND IMPACT
(AC)
(SF)
(AC)
(SF)
(AC)
(SF)
2
WI
---
—
0025 AC
1078 SF
—
—
2
W2
—
—
0020 AC
881 SF
--
2
W3
—
---
0001 AC
28 SF
---
---
3
W4
—
---
0233 AC
10,149 SF
---
---
3
W5
---
---
0035 AC
1,501 SF
—
---
3
W6
0004 AC
163 SF
3
W7
—
—
0009 AC
393 SF
--
---
3
W8
0027 AC
1,186 SF
4
W9
—
—
0.107 AC
4,652 SF
—
—
3
W10
—
---
—
--
0032 AC
1,381 SF
2
W11
—
—
0051 AC
2,210 SF
—
—
TOTALS
0027AC
1,186 SF
0480 AC
20,892 SF
0036 AC
1544 SF
STORMWATER CONTROL
STRUCTURE AND ACCESS
EASEMENT (TYP.)
60' PUBLIC R/W
MB 1977 VOL. III PG 755
/
PROPOSED STORM /
DRAINAGE EASEMENT (TYP.) / J /
AREA W9
WETLAND ENCROACHMENT
LEGEND
PERMANENT WETLAND IMPACT
IMPACT W9
PERMANENT ROAD CROSSING
(0.107 AC) 4,652 SF
PROPOSED STORM
DRAINAGE (TYP.)
0
30'
60'
0
0
z
vo
n
z
0
0
P
0
)79

::WithersRavenel
Our People. Your Success.
REVISED STREAM IMPACT MAPS
(6/20/2022)

60'ACCESS EASE ENT
FOR NORTHERN, PAR L
30" x 12' LONG CULVERT
TO BE REMOVED
• F-
.
•
0
200'
400'
S3 THRU S9
STREAM ENCROACHEMENT
SEE MAP 3
FOR DETAILED VIEW
•
`TWYLA ROAD (SR 3068)
4 (e'i .5 r
S1 AND S2
STREAM ENCROACHEMENT.
SEE MAP 2
FOR DETAILED VIEW
r 'L
v�NG
t
La '73
Q
IMPACT NUMBER
IMPACT
SPECIFICATION
OVERALL STREAM IMPACT SUMMARY
TEMPORARY
PERMANENT
(NO FUNCTIONAL LOSS)
PERMANENT
(FUNCTIONAL LOSS)
(LF)
(SF/AC)
(LF)
(SF/AC)
(LF)
(SF/AC)
2
S1
NON-PERP ROAD CROSSING
646 LF
3,491 SF
(0.080 AC)
2
S2
NON-PERP ROAD CROSSING
147 LF
699 SF
(0.016 AC)
3
S3
TEMPORARY
10 LF
174 SF
(0.004 AC)
----
----
----
----
3
S4
RIPRAP INSTALLATION
45 LF
469SF
(0.011 AC)
3
S5
PERP ROAD CROSSING
110 LF
1,008 SF
(0.023 AC)
3
S6
RIPRAP STABILIZATION
33 LF
283 SF
(0.007 AC)
3
S7
TEMPORARY
10 LF
103 SF
(0.002 AC)
----
----
----
----
3
S8
RIPRAP INSTALLATION
50 LF
492SF
(0.011 AC)
3
S9
PERP ROAD CROSSING
56 LF
679 SF
(0.016 AC)
TOTAL
20 LF
277 SF
(0.006 AC)
1,087 LF
7'121 SF
(0.164 AC)
PROJECT INFORMATION
PROJECT SITE
SITE ACREAGE:
PIN REFERENCES:
REAL ESTATE I.D.:
36.84± ACRES
0734297619, 0735217059, 0735209946,
0735209448, 0735209159, 0734392943,
0734294615, 0734390881, 0735209740,
0734294807, 0735203489, 0735203991,
0734390677, 0735203193, 0735304691,
0734395976
0105973, 0101553, 0135034,
0129571, 0105972, 0155315,
0100216, 0155314, 0105901,
0100217, 0105971, 0105900,
0481114, 0105970, 0446401,
0446400
EXISTING SURVEY INFORMATION PROVIDED BY WITHERSRAVENEL.
2. WETLAND DELINEATION APPROVED BY USACE PRELIMINARY
JURISDICTIONAL DETERMINATION (SAW-2018-0211) DATED 12/15/2021.
3. RIPARIAN BUFFERS APPROVED BY TOWN OF CARY BUFFER
DETERMINATION LETTER (TCRB 18-008) DATED 3/15/2019.
LEGEND
dm - - - - -
PROPOSEDIMPACT AREA
im ----- mil
0
0
Z
vo
T3
0

I-11
o•
YAP;
--EXISTING 1
\ 36" RCP
282
IMPACT LEGEND
- PERMANENT STREAM (FUNCTIONAL LOSS)
TEMPORARY STREAM
IMPACT AREAS2 /� / — �,.��
PERMANENT STREAM IMPACT <`
NON-PERP ROAD CROSSING - X
(FUNCTIONAL LOSS)
--0.016AC(147LF/699SF) - � — /
11
7
60
GRAPHIC SCALE
0 30 60
120
1 inch = 60 ft.
J
EXISTING
36" RCP
l L_
/ % / / J
/ r (` >� )
- tiJ /-
/ //�
/
WETLA• NDS �`��}rhY (FUNCTIONAL LOSS)
— — _ 'yl 0.080 AC (646 LF / 3,491 SF) ;
4
_— _ IMPACT AREA S1
/ PERMANENT STREAM IMPACT
NON-PERP ROAD CROSSING
0
0
Z
11a
.°
P.
z
3 3
0
0

e
8
0
FRIAR GET HOA, INC.
PIN # 0735304691
3.37 ACRES
IMPACT AREA S8
PERMANENT STREAM IMPACT
RIPRAP INSTALLATION —
(FUNCTIONAL LOSS) —
0.011 AC (50 LF / 492 SF)
STREAM 3
INTERMITTENT
IMPACT AREA S7 1
TEMPORARY STREAM IMPACT
0.002 AC (10 LF/ 103 SF)
•• • •\
/ DOWNSTREAM _
COFFER DAM
\ \ T- RIPRAP STILLING BASIN
\� �\ SEE DETAIL MAP 6
\ \ CHANNEL TO BE CONSTRUCTED WITHIN
•* \ \\ THE RIPRAP DISSIPATOR TO SHOW THE
NEW FLOW LINE OF STREAM
\ SEE DETAIL ON MAP 6 \
� 1
/
\— ✓ STREAM2
r,
�•\' PERENNIAL
EXISTING
WETLANDS
(TYP.)
\ I DOWNSTREAM
COFFER DAM
J
IMPACT AREA S3
TEMPORARY STREAM IMPACT
0.004 AC (10 LF / 174 SF)
IMPACT AREA S4
/ \ PERMANENT STREAM IMPACT
RIPRAP INSTALLATION
�� (FUNCTIONAL LOSS) 0.011 AC (45 LF/469 SF)
/ \/ RIPRAP STILLING BASIN
/ SEE DETAIL MAP 6
-PROPOSED _
24" DEEP CLASS "A" RIPRAP WITH
NONWOVEN GEOSYNTHETIC
CONFORMING TO NCDOT
STANDARD SPECIFICATION 1056 \
TYPE 2 UNDERLAYMENT
SEE DETAIL SHEET C9.8 -
FILTER BAGS FOR
PUMP DISCHARGE -
GREENWAY
TRAIL
1r
11
)1,
1I 1�1.
- TEMPORARY GRADING AND I
CONSTRUCTION EASEMENT
PER BM 2017, PG 951
9 ._9
WORK AREA DEWATERING
PUMP INTAKE
1
PERMANENT STREAM IMPACT
PERP ROAD CROSSING
(FUNCTIONAL LOSS)
0.016 AC (56 LF / 679 SF)
WORK AREA DEWATERING
PUMP INTAKE
I\ \
-��
_ _ 1
EXISTING STOCKWELL LANE
EDGE OF PAVEMENT
_
TO BE REMOVED
-30
.�Pt
I •
I )IMPACT ABTA TS
PERMANENT STREAMIMPACT
�PERPOADCROSSING(FUNCTIONAL LOSS)I 0.023 AC (110 LF / 1,008 SF)
Itlitt
' HOSE FOR BYPASS PUMP(S)
WORK AREA
DEWATERING PUMP /
CULVERT ACCESS AND \
MAINTENANCE EASEMENT '
- FRIAR FAMILY LIMITED
PARTNERSHIP
PIN # 0734395976
3.48 ACRES
w
1\ TEMPORARY GRADING AND
PBM 2017, PG951 EASEMENT
PER BM 2017, PG`51
BYPASS PUMP INTAKE 9
9 * ^9 9
I 9 L
/
_ T 9 9 ,��F,P
�19 9 9
9 * * STREAM 2 9
9 9 9 / 9� PERENNIAL
19 9 i7 9 9 9
UPSTREAM COFFER DAM 9 9 9
AND TEMPORARY
CONSTRUCTION ACCESS
/*
9
•
PROPERTY LINE
(TYP.)
> 9 /i 9/ 9 9
9--" \9 9 9 9 9
9 9 9 9 /9 9 9
9 9 9 9 9 9
9 9 9 9'lam/
A 9
•
9 9 9 9• I WETLAND J /�
9 9 9 9 •
BYPASS PUMP INTAKE / o _
9 9 �// / �. / j JN
RELOCATEDED
CHANNEL AND / \/ / / / /
•
v..../RIPRAP )• 7
A STABILIZATION / / / �///� i r
/ /
BYPASS PUMP(S) •_ // - /`, V// op' / /
1 _// /
O IMPACT AREA S6 / \ — /
rj PERMANENT STREAM IMPACT `� I / o W z w • /
/• RIPRAP STABILIZATION \, /_ 1 / �, // "' p 11 / /
• (FUNCTIONAL LOSS)) — / / H Q m -
,./ / 0.007 AC (33 LF / 283 SF) / / / \ / / m / //
/ / \ / — /
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SEE TABLE FOR SIZE AND DEPTH
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28' (LENGTH OF BASIN)
DISSIPATOR POOL
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PLAN
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LEVEL
EXISTING STREAM
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SEE TABLE FOR
SIZE AND DEPTH
Wo
(PIPE DIAMETER)
WATER SURFACE PROFILE (NOMINAL)
AT DESIGN FLOW
RIP -RAP LINING
SEE TABLE FOR SIZE AND DEPTH
PROPOSED GRADE
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INCISE PIPE FOR AQUATIC PASSAGE
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PASSAGE)
2
—11
RIP -RAP LINING
SEE TABLE FOR SIZE AND DEPTH
WATER SURFACE PROFILE
AT DESIGN FLOW
GEOTEXTILE FABRIC
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WATER SURFACE PROFILE
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SEE TABLE FOR SIZE AND DEPTH
\ PIPE BEYOND
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STREAM CHANNEL (INCISE RIP -RAP TO
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SECTION "D-D"
GEOTEXTILE FABRIC
(NCDOT STANDARD
SPECIFICATION
SECTION 1056-TYPE 2)
EXISTING GRADE i
PROPOSED GRADE
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SECTION 1056-TYPE 2)
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::WithersRavenel
Our People. Your Success.
REVISED ALTERNATIVES ANALYSIS
(6/21/2022)

1110 WithersRavenel
our People. Your Success.
Legacy Cary (Twyla Rd)
Alternatives Analysis
Revised 6/21/2022
The applicant submits this discussion of alternatives to assist the USACE in evaluating the
application for authorization to discharge fill material into waters of the US. This alternatives
analysis is intended to demonstrate that there is not a practicable alternative to the proposed
project, both in location and design, which would result in less adverse impacts on the aquatic
ecosystem as required by the Section 404(b)(1) guidelines.
A. Project Location
The applicant chose the Town of Cary as the desired location for the proposed project based on
numerous factors including proximity/access to high paying jobs within Cary and surrounding
municipalities, thriving social/entertainment scene, schools, access to various transportation
networks, and other factors that make Cary a desirable place to live. The applicants market
research determined that there is a deficit of rental apartment housing within the Town of Cary.
Additionally, the median home sell price within the Town of Cary is in excess of $600,000 (per
www.Redfin.com on 6/17/2022) resulting in a high barrier for entry into home ownership. The
high home prices and deficit in rental housing options makes the Town of Cary the ideal location
for the proposed rental apartment complex.
B. Offsite Alternatives Analysis
The applicant considered four additional sites other than the preferred/proposed project site for
construction of the proposed project. A set of site selection criteria was developed to aid in the
search for suitable sites and ultimate selection of a site. The applicant's site selection criteria for
viable site selection were as follows:
1. Site Size/Yield - Total size of site may vary but generally must have -20 acres of usable
area to yield 300-500 multifamily units including necessary infrastructure. A simple
density calculation of 15-20 units per acre is used for garden style apartments. The density
calculation allows for quick evaluation of sites to determine if they can potentially yield the
required 300-500 minimum units to be feasible. While the initial density calculation may
determine that a site could potentially provide the necessary units, other factors, such as
configuration/dimensions of the site, zoning setbacks, potential streams/wetlands/riparian
buffers, FEMA floodplain, topography, stormwater requirements, etc., could further reduce
the usable area/unit yield and must be evaluated to determine feasibility of a potential site.
2. Topography - General topography of site must allow for a balanced site for grading, with
no excessive import or export of fill to manage construction costs.
3. Visibility - Must front primary traffic routes for ease of access by residents and prospective
residents and should have visibility from a major road so to be easily seen by approaching
traffic for exposure to prospective residents. Please note that there is not a specific metric
for the Visibility criteria such as a required distance from major roads, but rather having
frontage along a heavily travelled road with direct line of sight of the buildings for
commuters passing by the development.
219 Station Road, Suite 101 1 Wilmington, NC 28405
t: 910.256.9277 1 www.withersravenel.com 1 License No. F-1479
Asheville 1 Cary 1 Charlotte 1 Greensboro 1 Lumberton 1 Pittsboro 1 Raleigh 1 Southern Pines 1 Wilmington

:WiLhersRavenel
Cur People. Your Success.
Visibility is a key component of a multifamily site evaluation because it is important for
prospective residents to be able to easily see the property, not just the signage, from the
road. A quality built property visible as one passes by on the road adds to the overall
attractiveness of a development. Strong visibility from a heavily travelled road results in
potential residents driving by the property stopping in for impromptu tours or will note the
property name and call back to schedule a tour. Based on the applicant's extensive
expertise in the rental multifamily developments, apartment complexes with visibility from
primary traffic routes have a substantially faster leasing rate than those developments that
do not have visibility from primary traffic routes. The ability to quickly lease a property to
a high occupancy rate also affects the applicant's ability to refinance an apartment complex
development from a construction loan to a commercial loan.
The Visibility criterion is even more important to the commercial/retail component of the
proposed project. The potential users/business types for the commercial/retail
component of the project consist of restaurants, banks, ABC stores, convenience stores,
small shopping centers, indoor recreation, retail stores, wellness centers, etc. All of these
potential uses/businesses rely on visibility from a heavily traveled road for exposure to
attract customers/patrons. Visibility is key to the success for any type of business that
ultimately occupy the commercial/retail component of the project.
It should be noted that the Town of Cary has a sign ordinance (Chapter 9 of the Land
Development Ordinance) that has restrictions on the location, size, and height of signage.
The sign ordinance prohibits signs in the ROW, and also requires signs for multifamily
developments be no more than 42" in height and no more than 32 sf in area. As an
example, 32 sf sign would be an 8' long x 4' tall sign, which cannot be higher than 42" off
the ground and must be located outside of the ROW. This results in small signage for the
apartment complex and commercial/retail businesses, making visibility from a heavily
travelled road even more important for the ability to quickly lease the apartment complex
and success of the commercial/retail businesses within the development.
4. Utilities - Access to existing utilities (water/sewer) adjacent to or within 0.25 miles to the
site to avoid additional construction costs for bringing utilities to the site from long
distances. The general cost to construct a water main is approximately $160/LF and the
general cost to construct a gravity sewer line is approximately $455/LF, with some
variability in cost depending on the size and type of pipe used.
5. Zoning - Existing zoning allowing for multifamily, or ability to achieve favorable rezoning
by municipality to minimize risk of substantial investment in failed rezoning effort.
6. Parking Requirements - Preferably located in sub-market/municipality supporting surface
parking, with no structured parking (parking deck) required to minimize
construction/infrastructure costs. In the event that structured parking is required due to
site size and municipal requirements, site must be located in an area supporting higher rent
and density to offset structured parking costs.
7. Aquatic Resources - The preferred site would have minimal impacts to wetlands and
streams. Not all sites could be delineated before property acquisition due to the inability
to place the site under contract, or the site being deemed unsuitable based on failure to
219 Station Road, Suite 101 1 Wilmington, NC 28405
t: 910.256.9277 1 www.withersravenel.com 1 License No. F-1479
Asheville 1 Cary 1 Charlotte 1 Greensboro 1 Lumberton 1 Pittsboro 1 Raleigh 1 Southern Pines 1 Wilmington

1110 WithersRavenel
our People. Your Success.
meet key site selection criteria the due diligence investigation halted. For those sites that
were unable to be evaluated by WR with an actual field review/delineation, quantity and
potential impacts to aquatic resources were based on best desktop review utilizing best
available data including Wake County GIS data, USGS Quads, Wake County Soil Survey,
and professional experience/knowledge of the general area.
8. Proximity to FEMA Floodplain - Building within the FEMA 100-year floodplain is
undesirable. A site with enough buildable areas outside the designated 100-year
floodplain is preferred.
A discussion of the analysis for each alternative site evaluated for feasibility. Please note that for
each Alternative Site and Preferred Site, a Parcel Exhibit, Aerial Photograph, Topography Exhibit,
Cary Utilities Exhibit, Aquatic Resources Exhibit and FEMA Floodplain exhibit have been provided
as attachments to this Alternatives Analysis.
219 Station Road, Suite 101 1 Wilmington, NC 28405
t: 910.256.9277 1 www.withersravenel.com 1 License No. F-1479
Asheville 1 Cary 1 Charlotte 1 Greensboro 1 Lumberton 1 Pittsboro 1 Raleigh 1 Southern Pines 1 Wilmington

rdan Lake
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Figure 8 -
Alternative Sites
WithersRavenel
Engineers 1 PLanners I Surveyors
Our People. Your Success.
115 MacKenan Dr Cary NC, 27511
t: 919.469.3340
license #: F-1479
www.withersravenekcom
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• • • • • • • • • • 4
Alternative Sites
Preferred Site
7�

1110 WithersRavenel
our People. Your Success.
Alternative Site 1 - Alston Avenue
This site is a four parcel assemblage (PINs: 0736019838, 0736111742, 0736117574 &
0736213153) totaling approximately 22 acres located at 2110 Alston Avenue. The site is
accessed from Alston Avenue and has approximately 2,300 LF of frontage along Alston Avenue
and approximately 320 LF of frontage along O'Kelly Chapel Road. The applicant evaluated
Alternative Site 1 (Alston Avenue) in 2017 based on site information in Wake County iMaps.
1. The site is approximately 22 acres in total size, which based on a density calculation of 15-20
units per acre could potentially yield 300-500 units. Based on Wake County iMaps, there were
five streams and a pond shown on the site. At the time of evaluation, the applicant assumed
these features existed and were likely jurisdictional to the USACE/NCDWR, which reduced
the total usable area to approximately 17 acres. Based on a density calculation of 15-20 units
per acre, the maximum yield would be 320 units. Additionally, the linear nature of the site,
required setbacks and designating sufficient area for stormwater management further reduced
the usable area for buildings and required parking even further, reducing the realistic unit yield
to well below 300 units necessary to be a feasible site. Therefore, this site does not meet the
applicant's Site Size/Yield criteria.
2. While a formal grading plan was not completed due to the applicant being unable to place the
site under contract, the general topography of the site was anticipated to require import of fill
due to the five topographic crenulations and need to fill the pond to create sufficient usable
area to meet the unit yield. Therefore, this site does not meet the applicant's Topography
criteria.
3. The site is fronted and accessed by Alston Avenue, which is a tertiary dead end road that is
not heavily traveled. Additionally, this site has limited visibility from O'Kelly Chapel Road and
NC 55 which limits visibility and exposure to prospective residents and prospective patrons to
the businesses that would occupy the commercial/retail component of the proposed project.
Therefore, this site did not meet the applicant's Visibility criteria.
4. The site has access to an existing 14" sewer force main along Alston Avenue and an existing
16" water main along O'Kelly Chapel Road and therefore meets the applicant's Utilities criteria.
Please note that the utilities depicted within the site on the Cary utilities exhibit are proposed as
part of the approved development for this site and do not currently exist.
5. This site currently has both R40 and MXD zoning and would require rezoning. Favorable
rezoning was anticipated based on guidelines provided by the Alston Regional Activity Center
Plan and therefore there was minimal risk of a failed rezoning effort. Therefore, this site meets
the client's Zoning criteria.
6. Surface parking would be allowed at this site and therefore meets the applicant's Parking
Requirements criteria.
7. Based on Wake County iMaps at the time of the applicant's evaluation of this site, there were
five streams and a pond shown on the site which the applicant assumed existed and were likely
jurisdictional to the USACE/NCDWR. The initial due diligence evaluation determined that
development of this site would require approximately 1,550 LF of stream impacts and 1.0 acre
of pond impacts in order provide -20 acres of usable area to yield 300-500 units. Therefore,
development of this site for the proposed project would result in greater impacts than the
219 Station Road, Suite 101 1 Wilmington, NC 28405
t: 910.256.9277 1 www.withersravenel.com 1 License No. F-1479
Asheville 1 Cary 1 Charlotte 1 Greensboro 1 Lumberton 1 Pittsboro 1 Raleigh 1 Southern Pines 1 Wilmington

:WiLhersRavenel
Cur People. Your Success.
Proposed Alternative (Twyla Road), which proposes 1,087 LF of permanent stream impacts
and 0.442 ac of permanent wetland impacts. Therefore, this site did not meet the applicant's
Aquatic Resources criteria.
8. This site does not contain a mapped FEMA 100-year floodplain and therefore meets the
applicant's site selection criteria.
Alternative Site 1 - Site Selection Criteria Analysis
1.
Site Size/Yield
2.
Topography
3.
Visibility
4.
Utilities
5.
Zoning
6.
Parking
7.
Aquatic Resources
8.
FEMA
No
No
No
Yes
Yes
Yes
No
Yes
Alternative Site 1 meets criteria 4 (Utilities), 5 (Zoning), 6 (Parking) and 8 (FEMA). However, this
alternative fails to meet criteria 1 (Site Size/Yield), 2 (Topography), 3 (Visibility) and 7 (Aquatic
Resources) and therefore was not considered a feasible alternative.
Since the applicant's initial evaluation, Alternative Site 1 has been purchased by another developer
and is no longer an option as an alternative site.
219 Station Road, Suite 101 I Wilmington, NC 28405
t: 910.256.9277 I www.withersravenel.com I License No. F-1479
Asheville I Cary I Charlotte I Greensboro I Lumberton I Pittsboro I Raleigh I Southern Pines I Wilmington

c,r
PIN: 0736111742
2.0 acres
2140 Alston Ave
PIN: 0736117574
12.96 acres
2110 Alston Ave
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Disclaimer
iMaps makes every effort to produce and publish
the most current and accurate information possible.
However, the maps are produced for information purposes,
and are NOT surveys. No warranties, expressed or implied
,are provided for the data therein, its use,or its interpretation.

Alternative Site 1 - Alston Avenue
0 150 300
600 ft
� � I
1 inch equals 300 feet
Disclaimer
iMaps makes every effort to produce and publish
the most current and accurate information possible.
However, the maps are produced for information purposes,
and are NOT surveys. No warranties, expressed or implied
,are provided for the data therein, its use,or its interpretation.

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Disclaimer
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However, the maps are produced for information purposes,
and are NOT surveys. No warranties, expressed or implied
,are provided for the data therein, its use,or its interpretation.

Tic Cary Utilities
ALTERNATIVE SITE 1 — ALSTON AVENUE
ALSTON AVE, CARY, NC X
ALL UTILITIES SHOWN WITHIN ALTERNATIVE SITE
ARE PROPOSED AND NOT EXISTING
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FEMA FLOODPLAIN MAP (FEMA FIRM PANEL 0736; EFFECTIVE 5/2/2006)
Property
1% Annual Chance Flood Hazard
0.2% Annual Chance Flood Hazard
Regulatory Floodway
Alternative Site 1 - Alston Ave
0 400 800
1600 ft
1 1 1 1 1 1 1 1 1
1 inch equals 800 feet
Disclaimer
iMaps makes every effort to produce and publish
the most current and accurate information possible.
However, the maps are produced for information purposes,
and are NOT surveys. No warranties, expressed or implied
,are provided for the data therein, its use,or its interpretation.

1110 WithersRavenel
our People. Your Success.
Alternative Site 2 - Green Level West Road
This site consisted of one ±29.38 acre parcel (PIN: 0734218279) located in the northwest
quadrant of the intersection of Green Level West Road and 1-540. The site is accessed from Green
Level West Road and set back approximately 800 LF from Green Level West Road. The site has
approximately 2,200 LF of frontage along 1-540 and the Green Level West Rd exit ramp (Exit 62).
The site consists entirely of undeveloped forest land. Based on preliminary desktop evaluation by
WR, the site contains three streams which are subject to 50' riparian buffers, one of which is
subject to 100' Town of Cary Urban Transition Buffers, as well as significant wetlands along each
of the streams.
1. The site is ±29.38 acres in total size. Based on the preliminary desktop evaluation completed
by WR, there are three buffered streams and significant wetlands located within the three
topographic crenulations and therefore the site was anticipated to yield approximately 20
acres of usable uplands. A simple density calculation determined that the site could potentially
yield between 300-400 units.
The 20 acres of usable uplands is separated into three different upland areas by the onsite
buffered streams. The configuration of the separated upland areas would have resulted in
separated pods of development, creating design issues to provide enough buildings for the
required minimum 300 units and provide adequate parking and stormwater management for a
feasible site. The applicant determined that this site was unable to yield the minimum 300
units and therefore this site does not meet the applicants Site Size/Yield criteria.
2. General topography of the site is extremely steep, with elevations ranging from 348' to 296'
in elevation. Initial assessments for potential grading determined that this site would not be a
balanced site for cut/fill and therefore did not meet the applicant's Topography criteria.
3. The site does not have any visibility from Green Level West Road due to being located 800 LF
north of Green Level West Road within no frontage and access through a small driveway from
Green Level West Road. The lack of visibility from Green Level West Road, from which the
site is accessed, would result in commuters on Green Level West Road not being able to see
the apartment buildings or commercial/retail businesses within the development. Therefore,
the apartment complex and commercial/retail businesses within the development would have
to rely on signage being the primary draw for potential residents/patrons. It should be noted
that the Town of Cary has a sign ordinance (Chapter 9 of the Land Development Ordinance)
that has restrictions on the location, size, and height of signage. The sign ordinance prohibits
signs in the ROW, and also requires signs for multifamily developments be no more than 42"
in height and no more than 32 sf in area. As an example, 32 sf sign would be an 8' long x 4'
tall sign, which cannot be higher than 42" off the ground and located outside of the ROW of
Green Level West Road. Due to the lack of visibility from Green Level West Road, the ability
of passersby to become aware of the apartment complex or commercial/retail businesses
within the development would rely solely on a relatively small, short sign located beyond the
ROW of Green Level West Road.
Additionally, the site only has limited visibility from 1-540 due to trees growing within the
ROW.
219 Station Road, Suite 101 1 Wilmington, NC 28405
t: 910.256.9277 1 www.withersravenel.com 1 License No. F-1479
Asheville 1 Cary 1 Charlotte 1 Greensboro 1 Lumberton 1 Pittsboro 1 Raleigh 1 Southern Pines 1 Wilmington

1110 WithersRavenel
our People. Your Success.
The lack of visibility from Green Level West Road would affect the ability for the apartment
complex to quickly lease to a high occupancy rate and would have a significant impact on the
success of commercial/retail businesses within the development. Therefore, this site does not
meet the applicant's Visibility criteria.
4. The site does not have any existing water or sewer utilities within or immediately adjacent.
There is an existing 30" gravity sewer main located approximately 1,100 LF west of the site
which is within the 0.25-mile feasible site criteria. While there is a proposed 12" water main
near the site along Green Level West Road, the closest existing active water main is a 20"
water main along Green Level Church Road, approximately 5,000 LF west of the site which is
beyond the applicant's 0.25 mile criteria for a feasible site.
In order to develop this site, the applicant would be responsible for cost of constructing these
utilities to the site. Based on the applicant's discussion with their contractors, construction of
the water main to the site would be $800,000 ($160/LF x 5,000 LF) and construction of the
gravity sewer line to the site would be $500,000 ($455/LF x 1,100 LF). This represents a total
cost of $1.3 million to bring utilities to Alternative Site 3. This is a substantial additional cost
which renders this site financially unfeasible and therefore this site does not meet the
applicant's Utilities criteria.
5. This site is currently zoned as R40 and would require rezoning. After initial conversations with
applicable elected officials and planning staff regarding the future land use map for the area, it
became apparent that the required zoning would be extensive, with limited opportunity for
the property to be rezoned. The risk of substantial investment in a failed rezoning effort was
too high for this site to be considered feasible, therefore this site did not meet the applicant's
Zoning criteria.
6. Surface parking would be allowed at this site. However due to site constraints the ability to
provide sufficient surface parking was estimated to be unachievable, meaning that structured
parking (parking deck) would be required. The site could not yield enough units to offset
significant costs associated with structured parking and therefore did not meet the applicant's
Parking Requirements criteria.
7. Based on preliminary desktop evaluation by WR, the site contains three streams which are
subject to 50' riparian buffers, one of which is subject to 100' Town of Cary Urban Transition
Buffers, as well as significant wetlands along each of the streams.
Due to the location of the streams and wetlands, two road crossings through the southern and
central stream and wetlands. Additionally, the northern stream and northernmost wetland
would need to be impacted in order to provide continuity with the eastern pocket of uplands
in order to create enough developable area to get close to the minimum yield of 300 units. It
is anticipated that in order for this site to be feasible, approximately 700 LF of stream impacts
and 0.5 acres of wetland impacts would be required, which is comparable to the preferred
alternative. However, the ability to obtain USACE and NCDWR authorizations to impact the
northern stream and riparian buffers for construction of apartment buildings and parking was
not realistic and therefore this site did not meet the applicant's Aquatic Resources criteria.
9. This site does not contain a mapped FEMA 100-year floodplain and therefore meets the
applicant's Floodplain criteria.
219 Station Road, Suite 101 1 Wilmington, NC 28405
t: 910.256.9277 1 www.withersravenel.com 1 License No. F-1479
Asheville 1 Cary 1 Charlotte 1 Greensboro 1 Lumberton 1 Pittsboro 1 Raleigh 1 Southern Pines 1 Wilmington

1110 WithersRavenel
1110 our People. Your Success.
Alternative Site 2 - Site Selection Criteria Analysis
1'
Site
Size/Yield
2.
Topography
3.
Visibility
4.
Utilities
5.
Zoning
6.
Parking
7.
Aquatic Resources
8.
FEMA
No
No
No
No
No
No
No
Yes
Alternative Site 2 meets criteria 9 (FEMA). However, this alternative fails to meet criteria 1
(Size/Yield), 2 (Topography), 3 (Visibility), 4 (Utilities), 5 (Zoning), 6 (Parking) and 7 (Aquatic
Resources) and therefore was not considered a feasible alternative.
219 Station Road, Suite 101 I Wilmington, NC 28405
t: 910.256.9277 I www.withersravenel.com I License No. F-1479
Asheville I Cary I Charlotte I Greensboro I Lumberton I Pittsboro I Raleigh I Southern Pines I Wilmington

PIN: 0734218279
PIN Ext: 000
Real Estate ID: 0005379
Map Name: 0734 03
Owner: DUKE ENERGY PROGRESS LLC
Mail Address 1: DATA& DOCUMENTMGMT
Mail Address 2: 550 S TRYON ST DEC 22A
Mail Address 3: CHARLOTTE NC 28201
Deed Book: 017332
Deed Page: 01037
Deed Acres: 29.38
Deed Date: 1/4/2019
Land Value: 8434250
Total Value: 8434250
Biling Class: Public
Description: TR1 DUKE ENERGY PROGRESS
& SUSAN BEAVERS et al BM2018 -02523
Street Name: GREEN LEVEL WEST RD
Site Address: 0 GREEN LEVEL WEST RD
Planning Jursidiction: CA
Township: White Oak
Land Class: State Assessed
Old Parcel Number: --
A
0 200 400 800 ft
I I I I I I
1 inch equals 400 feet
Disclaimer
iMaps makes every effort to produce and publish
the most current and accurate information possible.
However, the maps are produced for information purposes,
and are NOT surveys. No warranties, expressed or implied,
are provided for the data therein, its use,or its interpretation.

Alternative Site 2- Green
PIN: 0734218279
PIN Ext: 000
Real Estate ID: 0005379
Map Name: 0734 03
Owner: DUKE ENERGY PROGRESS LLC
Mail Address 1: DATA& DOCUMENTMGMT
Mail Address 2: 550 S TRYON ST DEC 22A
Mail Address 3: CHARLOTTE NC 28201
Deed Book: 017332
Deed Page: 01037
Deed Acres: 29.38
Deed Date: 1/4/2019
Land Value: 8434250
Total Value: 8434250
Biling Class: Public
Description: TR1 DUKE ENERGY PROGRESS
& SUSAN BEAVERS et al BM2018 -02523
Street Name: GREEN LEVEL WEST RD
Level West Rd
Site Address: 0 GREEN LEVEL WEST RD
Planning Jursidiction: CA
Township: White Oak
Land Class: State Assessed
Old Parcel Number: --
A
0 200 400 800 ft
I I I I I I
1 inch equals 400 feet
Disclaimer
iMaps makes every effort to produce and publish
the most current and accurate information possible.
However, the maps are produced for information purposes,
and are NOT surveys. No warranties, expressed or implied,
are provided for the data therein, its use,or its interpretation.

Alternative Site 2- Green
PIN: 0734218279
PIN Ext: 000
Real Estate ID: 0005379
Map Name: 0734 03
Owner: DUKE ENERGY PROGRESS LLC
Mail Address 1: DATA& DOCUMENTMGMT
Mail Address 2: 550 S TRYON ST DEC 22A
Mail Address 3: CHARLOTTE NC 28201
Deed Book: 017332
Deed Page: 01037
Deed Acres: 29.38
Deed Date: 1/4/2019
Land Value: 8434250
Total Value: 8434250
Biling Class: Public
Description: TR1 DUKE ENERGY PROGRESS
& SUSAN BEAVERS et al BM2018 -02523
Street Name: GREEN LEVEL WEST RD
Level West Rd
Site Address: 0 GREEN LEVEL WEST RD
Planning Jursidiction: CA
Township: White Oak
Land Class: State Assessed
Old Parcel Number: --
A
0 200 400 800 ft
I I I I I I
1 inch equals 400 feet
Disclaimer
iMaps makes every effort to produce and publish
the most current and accurate information possible.
However, the maps are produced for information purposes,
and are NOT surveys. No warranties, expressed or implied,
are provided for the data therein, its use,or its interpretation.

ALTERNATIVE SITE 2 - GREEN LEVEL WEST ROAD
=°TC Carl UtiIltlp.
find an Address, Developmf
PROPOSED
WATER LINE
400ft
2,038,401.085 742,237.603 Feet
EXISTING 30" GRAVITY
SEWER MAIN
ALTERNATIVE
SITE 2

NOTES:
1. WETLAND/STREAMS/BUFFERS ARE APPROXIMATE, BASED ON DESKTOP
INTERPRETATION OF PUBLICLY AVAILABLE DATA AND HAS NOT BEEN FIELD
VERIFIED OR APPROVED BY THE USACE/NCDWR/TOWN OF CARY.
//
M (((
�Illl''
GRAPHIC SCALE
0 125 250
1 inch = 250 ft.
ALTERNATIVE SITE 2 -
GREEN LEVEL WEST ROAD
CARY
WAKE COUNTY NORTH CAROLINA
AQUATIC RESOURCES EXHIBIT
t• WithersRavenel
1/ Engineers I Planners I Surveyors

FEMA FLOODPLAIN MAP (FEMA FIRM PANEL 0734; EFFECTIVE 5/2/2006)
Property
1% Annual Chance Flood Hazard
Future Conditions 1% Annual Chance Flood Hazard
Alternative Site 2 - Green Level West Rd
0 400 800 1600 ft
1 1 1 1 1 1 1 1 1
1 inch equals 800 feet
Disclaimer
iMaps makes every effort to produce and publish
the most current and accurate information possible.
However, the maps are produced for information purposes,
and are NOT surveys. No warranties, expressed or implied
,are provided for the data therein, its use,or its interpretation.

1110 WithersRavenel
1110 our People. Your Success.
Preferred Alternative - Twyla Road (Cary)
The Preferred Alternative (Proposed Legacy -Cary) is ±36.42 acres in size and consists of an
assemblage of thirteen (13) parcels (PINs: 735203489, 735203991, 735217059, 735209946,
735209740, 735209448, 735209159, 734392943, 734390881, 734390677, 734297619,
734294615, 734294807) located at 1112 Twyla Road. The site is primarily forested and contains
several single family dwellings which have been vacated. The project site contains five streams,
including Panther Creek, which all drain to Panther Creek and ultimately Jordan Lake.
Additionally, the project site contains eleven (11) headwater forest wetlands. A Preliminary
Jurisdictional Determination (SAW-2018-02111) was issued by the USACE on 12/15/2021
approving the delineation. Three of the streams (Streams 1, 2 & 5) are subject to both 50' Jordan
Lake Riparian Buffers and 100' Town of Cary Urban Transition Buffers.
Site Size/Conditions
1. The site is ±36.42-acres in total size. Onsite constraints including wetlands, streams, 50'
Jordan Lake Riparian Buffers and 100' Town of Cary Urban Transition Buffers reduce the total
developable upland area to approximately 25 acres. The ±25-acres of developable uplands
consist of two separate areas: an ±17-acre area east of Twyla Road and an ±8-acre area west
of Twyla Road. The site is further constrained by the requirement to extend the existing stub
of Stockwell Lane to Twyla Road, as well as improve Twyla Road to meet Town design
standards and relocate the connection to Morrisville Parkway to the existing traffic circle.
Based on the size and configuration of the usable uplands, the preferred site yields a total of
390 units with enough area to provide surface parking and stormwater management.
Therefore, the preferred site meets the applicant's Site Size/Yield criteria.
2. The general topography of the site ranges from 342' to 292'. The engineering evaluation of
the site grading determined that this site would be balanced, with no major import or export
of fill necessary and therefore meets the applicant's Topography criteria.
3. The site has frontage Morrisville Parkway which is a heavily traveled road providing ample
visibility for prospective residents and commercial/retail business patrons which meets the
applicant's Visibility criteria.
4. The site has access to an existing 12" gravity sewer line immediately adjacent to the north and
an existing 8" water main located within Stockwell Lane to the east and therefore meets the
applicant's Utilities criteria.
5. This site is currently zoned as PDD Major which is the appropriate zoning for the proposed
project and therefore meets the applicant's Zoning criteria.
6. Surface parking is allowed at this site which meets the applicant's Required Parking criteria.
7. This site contains five streams, including Panther Creek, and eleven (11) headwater forest
wetlands. The proposed project will result in 1,087 LF of permanent stream impacts and 0.442
acres of permanent wetland impacts, most of which are necessary for the construction of the
Stockwell Lane extension and improvements to Twyla Road, which is the primary access to the
site. The required impacts to develop this site are less than Alternative 1 (Alston Ave) and
comparable to Alternative 2 (Green Level West Road). The majority of the stream impacts
(793 LF) will occur to Stream 1 for improvements to Twyla Road to match the existing elevation
219 Station Road, Suite 101 I Wilmington, NC 28405
t: 910.256.9277 1 www.withersravenel.com 1 License No. F-1479
Asheville 1 Cary 1 Charlotte 1 Greensboro 1 Lumberton 1 Pittsboro 1 Raleigh 1 Southern Pines 1 Wilmington

1110 WithersRavenel
1110 our People. Your Success.
of Morrisville Parkway. Stream 1 was historically channelized during construction of Twyla
Road and has "Low" function based on NCSAM. Additionally, Stream 2 experiences severe
erosion due to excessive runoff from Morrisville Parkway and has "Low" function based on
NCSAM. The quantity of impact was minimized to the extent practical and will not result in
an overall significant loss of aquatic function within the basin. Therefore, the preferred
alternative meets the applicant's Aquatic Resources criteria.
9. This site contains an area of mapped FEMA 100-year floodplain in the northeastern corner of
the site. However, there is no proposed development within the FEMA 100-year floodplain.
This site meets the applicant's Floodplain criteria.
Preferred Alternative - Site Selection Criteria Analysis
1'
Site
Size/Yield
2.
Topography
3.
Visibility
4.
Utilities
5.
Zoning
6.
Parking
7.
Aquatic Resources
8.
FEMA
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
The Preferred Alternative site meets all of the applicant's site selection criteria and therefore was
selected as the preferred site for the proposed project.
219 Station Road, Suite 101 I Wilmington, NC 28405
t: 910.256.9277 I www.withersravenel.com I License No. F-1479
Asheville I Cary I Charlotte I Greensboro I Lumberton I Pittsboro I Raleigh I Southern Pines I Wilmington

0
s
E
K:\17\17-0850\170&57.1D—CCI—Twyla Rood CDa\Wetl
LEGACY-CARY (TWYLA RD)
CARY WAKE COUNTY NORTH CAROLINA
PROJECT AREA PARCEL EXHIBIT
jilt WithersRavenel
1/ Engineers I Planners I Surveyors

Project Area - Parcel/Owner Information
(Source: Wake County GIS - 3/9/2022)
Parcels Owned By:
Legacy Cary, LLC
25101 Chagrin Blvd
Suite 300
Beachwood, OH 44122
Map ID
Parcel
Number
(PIN)
Deed Book/Page
Site Address
1
735203489
17637/243
1132 Twyla Rd
2
735203991
17637/233
1145 Twyla Rd
3
735217059
17637/261
Twyla Rd
4
735209946
17637/261
1148 Twyla Rd
5
735209740
17637/228
1140 Twyla Rd
6
735209448
17637/248
1128 Twyla Rd
7
735209159
17637/214
1120 Twyla Rd
8
734392943
17637/220
1116 Twyla Rd
9
734390881
17637/220
1112 Twyla Rd
10
734390677
18646/928
6100 Morrisville Pkwy
11
734297619
17637/238
1100 Twyla Rd
12
734294615
17637/257
1101 Twyla Rd
13
734294807
17637/253
1105 Twyla Rd
Parcels Owned By:
Town of Cary
PO Box 8005
Cary, NC 27512
Map ID
Parcel
Number
(PIN)
Deed Book/Page
Site Address
14
735203193
13967/2314
1117 Twyla Rd

Preferred Alternative - Tywla Road
0 200 400 800 ft
1 1 I 1 1 1
1 inch equals 400 feet
Disclaimer
iMaps makes every effort to produce and publish
the most current and accurate information possible.
However, the maps are produced for information purposes,
and are NOT surveys. No warranties, expressed or implied
,are provided for the data therein, its use,or its interpretation.

Preferred Alternative - Tywla Road
0 200 400 800 ft
1 inch equals 400 feet
Disclaimer
iMaps makes every effort to produce and publish
the most current and accurate information possible.
However, the maps are produced for information purposes,
and are NOT surveys. No warranties, expressed or implied
,are provided for the data therein, its use,or its interpretation.

WETLAND A
STREAM 1
PERENNIAL
WETLAND C
PROJECT
BOUNDARY
WETLAND K
STREAM 1
INTERMITTENT
WETLAND E
WETLAND F
PERENNIAL
DOWNSTREAM OF
CULVERT
WETLAND D
WETLAND G
WETLAND H
100' BUFFER
50'BUFFER
STREAM 2
PERENNIAL
WETLAND I
STREAM 4
INTERMITTENT
STREAM 3
INTERMITTENT
WETLAND J
GRAPHIC SCALE
0 125 250
1 inch = 250 ft.
STREAM 5
PERENNIAL
PANTHER CREEK
NOTES:
1) WETLAND DELINEATION APPROVED BY USACE PJD (SAW-2018-0211)
DATED 12/15/2021.
2) RIPARIAN BUFFERS APPROVED BY TOWN OF CARY BUFFER
DETERMINATION LETTER (TCRB 18-008) DATED 3/15/2019.
PREFERRED ALTERNATIVE - TWYLA RD
CARY
WAKE COUNTY NORTH CAROLINA
AQUATIC RESOURCES EXHIBIT
1!WithersRavenel
Engineers Planners Surveyors

FEMA FLOODPLAIN MAP (FEMA FIRM Panel: 0735; effective 5/2/2006)
Preferred Alternative - Twyla Rd
0 200 400
Disclaimer
800 ft iMaps makes every effort to produce and publish
the most current and accurate information possible.
i i i I i i i However, the maps are produced for information purposes,
and are NOT surveys. No warranties, expressed or implied
1 inch equals 400 feet ,are provided for the data therein, its use,or its interpretation.

:WiLhersRavenel
Cur People. Your Success.
Alternatives Analysis Matrix (Updated 6/21/2022)
Alternative
1'
Site
Size/Yield
2.
Topography
3.
Visibility
4.
Utilities
5.
Zoning
6.
Parking
7.
Aquatic Resources
8.
FEMA
Alternative 1 - Alston Ave
No
No
No
Yes
Yes
Yes
No
Yes
Alternative 2 - Green Level West Road
No
No
No
No
No
No
No
Yes
Preferred Alternative - Twyla Road
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
219 Station Road, Suite 101 1 Wilmington, NC 28405
t: 910.256.9277 1 www.withersravenel.com 1 License No. F-1479
Asheville 1 Cary 1 Charlotte 1 Greensboro 1 Lumberton 1 Pittsboro 1 Raleigh 1 Southern Pines 1 Wilmington

11110 WithersRavenel
our People. Your Success.
C. Onsite Alternatives Analysis
The project was evaluated for alternative layouts and design in an effort to minimize impacts to
wetlands, streams, and riparian buffers. Site constraints on design include the onsite wetlands and
streams, 50' Jordan Lake Riparian Buffers and 100' Town of Cary Urban Transition Buffers, which
limits the configuration of the project design while still allowing for a functional and feasible
project. The proposed site plan maximizes the use of onsite uplands for construction of all
buildings, parking, and stormwater treatment. The majority of proposed impacts are for roads
necessary to provide access to the project.
The design of the Stockwell Lane extension was constrained due to the existing stub within the
Fryars Gate subdivision to the east. Therefore, the alignment of the Stockwell Lane extension
across Wetland J and Streams 2 & 3 could not be modified and therefore there is no alternative
for the impacts associated within this crossing.
The primary access to the proposed Legacy Cary development will be Twyla Road from Morrisville
Parkway. The existing connection of Twyla Road to Morrisville Parkway will be relocated to the
traffic circle because the existing intersection is too close to the traffic circle to meet NCDOT
separation requirements. Also, relocating Twyla Road to connect to the traffic circle provides safer
conditions for vehicles entering and leaving Twyla Road. The following alternative designs for
Twyla Road were explored:
1. Relocation of Twyla Road to the East - abandoning the existing alignment of Twyla Road
and building a new road to the east would avoid impacts to Stream 1. However, this would
have further reduced the developable area within the eastern portion of the site and would
have resulted in the elimination of Buildings 2 & 3 (see attached Overall Site Plan), resulting
in a loss of 138 units. Therefore, the project would have only yielded 252 units, which is
less than the applicant's criteria of 300-500 units and therefore this was not a feasible
alternative.
2. Relocation of Twyla Road to the West - abandoning the existing alignment of Twyla Road
and constructing a new road to the west of the current location would have avoided 253
LF of impacts to the upper reach of Stream 1 (Impact S1) upstream of the culvert beneath
Twyla Road but would have still resulted in 147 LF of impacts (Impact S2) to the lower
reach of Stream 1 below the culvert beneath Twyla Road. While this alignment would
significantly reduce impacts to Stream 1, it would have required relocations of Twyla Road
through the parcel owned by the Town of Cary (PIN: 0735203193).
Additionally, this alternative alignment would have resulted in a loss of approximately 30
parking spaces within the proposed parking lot on the west side of Twyla Road. The site
as designed meets the minimum parking spaces required by the Town of Cary. The loss of
parking spaces for this alternative alignment would result in the project not meeting Town
of Cary's parking requirements and units would have to be eliminated. Therefore, the loss
of parking and buildings would render the project unable to meet the client's project
purpose, need and feasibility, and therefore this was not a feasible alternative.
3. Use of Retaining Walls to Stabilize Road Fill - Twyla Road will be a public road and is
required to be improved to meet Town of Cary design standards for a public roadway and
219 Station Road, Suite 101 1 Wilmington, NC 28405
t: 910.256.9277 1 www.withersravenel.com 1 License No. F-1479
Asheville 1 Cary 1 Charlotte 1 Greensboro 1 Lumberton 1 Pittsboro 1 Raleigh 1 Southern Pines 1 Wilmington

1110 WithersRavenel
our People. Your Success.
will have a 60' ROW. Twyla Road must be widened and raised 33 feet in elevation to match
the existing elevation of Morrisville Parkway traffic circle (350' elevation) and transition
the road to natural grade at the northern cul-de-sac (282' elevation). The use of retaining
walls to stabilize road fill was explored during the design of the Twyla Road improvements.
As shown in the attached Twyla Road Cross -Section Details, even with the use of retaining
walls varying in height from 7-10 feet, the retaining wall would need to be located beyond
Stream 1 to provide the required width and minimum slope of the road shoulder. Due to
the substantial cost of retaining walls of this size and length with no minimization of
impacts, retaining walls were not considered a feasible alternative.
4. Relocation of Stream 1 On Either Side of Twyla Road - Relocation of Stream 1 to the west
side of the improved Twyla Road is not feasible onsite alternative because it would require
the stream to be relocated onto a parcel not owned by the applicant (PIN: 0735203193).
If Stream 1 were relocated to the west side of Twyla Road, the 50' Jordan Lake Riparian
Buffers and 100' Town of Cary Urban Transition Buffers would encumber most of this
parcel, rendering the parcel unusable. Additionally, relocation of Stream 1 to the west
would result in only short sections of open channel, with the majority of the stream still
being piped to allow for construction of the western parking area and SCM. Therefore, the
relocated portions of Stream 1 would have little functional value, thereby not resulting in
any significant minimization of impacts to Stream 1, and the functional value of Stream 1
is better served through provision of mitigation in a regionally significant mitigation site.
Relocation of Stream 1 to the east side of the improved Twyla Road is not a feasible onsite
alternative because the 50' Jordan Lake Buffers and 100' Town of Cary Urban Transition
Buffers would be pushed further into the eastern portion of the project site. This would
greatly reduce the developable area within the eastern portion of the project site, resulting
in the elimination of several buildings and parking which would reduce the total unit yield
to well below the 300 unit minimum necessary for the project to be feasible.
5. Bridging of Stockwell Lane Extension - Based on information provided by WithersRavenel
engineers familiar with the cost of bridge construction, the general cost for construction
of a two-lane concrete bridge is approximately $8,000/LF.
Bridging the Stockwell Lane extension to avoid impacts to Streams 2 & 3 would require a
250 LF bridge to connect to the existing Stockwell Lane road stub and span the entirety
Streams 2 & 3 to avoid impacts. The approximate cost of the bridge would be $2 million.
There would also be additional costs resulting from having to hire a bridge contractor to
construct the bridge.
Please note the proposed project has not been issued for bid, so the actual cost of
construction of the Stockwell Lane as proposed (traditional culverted road) is not known
at this time. However, based on industry standard costs for similar roadways, the
approximate cost of construction is $250/LF. Construction of this same 250 LF section of
Stockwell Lane is approximately $62,500. Also, assuming $100,000 cost for necessary
additional fill and $200,000 for the approximate cost of the two culverts, the total
approximate cost for construction of Stockwell Lane as a traditional culverted road would
be around $362,500. The cost of a bridge is over 5 times higher than the cost of a
219 Station Road, Suite 101 I Wilmington, NC 28405
t: 910.256.9277 I www.withersravenel.com I License No. F-1479
Asheville I Cary I Charlotte I Greensboro I Lumberton I Pittsboro I Raleigh I Southern Pines I Wilmington

1110 WithersRavenel
1110 our People. Your Success.
traditional culverted road. Therefore, bridging the Stockwell Lane extension is not a
practicable onsite alternative due to the $2 million cost.
6. Bridging of Twyla Road - Based on information provided by WithersRavenel engineers
familiar with the cost of bridge construction, the general cost for construction of a two-
lane concrete bridge is approximately $8,000/LF.
In order to utilize a bridge for the Twyla Road improvements, a 950 LF bridge would be
required to avoid impacts to Stream 1, which would cost approximately $7.6 million. This
design would also result in Stream 1 being located beneath the bridge for the entire
length of the bridge, resulting in secondary impacts such as shading.
The cost of construction of the improvements to Twyla Road at the $250/LF is
approximately $237,500. Also, assuming $300,000 cost for bringing in additional fill to
construct the road, the total approximate cost for construction of Twyla Road as a
traditional road would be around $537,500. The cost of a bridge is 14 times higher than
the cost of a traditional road. Therefore, bridging the Twyla Road is not a practicable
onsite alternative due to the $7.6 million cost.
The proposed design represents the minimization of impacts to wetlands and streams to the
maximum extent practicable while maintaining a feasible project that meets the applicant's project
purpose and need.
D. No Action/No Permit Alternative
If the USACE opted to not issue the permit for this project as proposed, there would continue to
be a deficit of alternative housing options within the Town of Cary where the cost to purchase
housing is extremely difficult due to high real estate values. Therefore, the applicant's purpose
and need would not be met and therefore a No Action/No Permit Alternative is not a viable
alternative.
219 Station Road, Suite 101 1 Wilmington, NC 28405
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::WithersRavenel
Our People. Your Success.
USACE REQUEST FOR
ADDITIONAL INFORMATION
(5/19/2022)

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
69 DARLINGTON AVENUE
WILMINGTON, NORTH CAROLINA 28403-1343
May 19, 2022
Regulatory Division
Action ID: SAW-2018-02111
Mr. Derek Boesch
Legacy Cary, LLC.
10720 Sikes Place
Charlotte, North Carolina 28277
Dear Mr. Boesch:
Please reference your Individual Permit application for Department of the Army
(DA) authorization to permanently discharge dredged or fill material into a total of 0.164
acre (1,107 linear feet) of stream channel and 0.372 acre of riparian wetlands
associated with the construction of a mixed -use multifamily apartment complex and
commercial/retail development, as well as associated infrastructure. Roadway
improvements associated with this project are proposed along Twyla Road and the
extension of Stockwell Lane. The project area is located at 1112 Twyla Road, north of
Morrisville Parkway in Cary, Wake County, North Carolina.
The U.S. Army Corps of Engineers, Wilmington District (Corps) advertised your
proposal by public notice dated April 12, 2022. Comments in response to the notice
were received from the North Carolina Division of Water Resources (NCDWR), North
Carolina Department of Natural and Cultural Resources (NCDNCR), U.S. National
Marine Fisheries Service (NMFS), and the Town of Cary (TOC). The comments
received are enclosed for your information and to provide you with the opportunity to
address any of the stated concerns. Additionally, please provide written responses to
the comments from NCDWR and the TOC. Specifically, please address the TOC
concerns regarding your stated project purpose and how affordable rental workforce
housing would be achieved. Please address NCDWR's concerns regarding affordable
housing, site selection criteria, and project feasibility referencing financials for each
project alternative in comparison to the preferred alternative.
Please note that the NCDNCR stated that they are not aware of any historic
properties that would be affected by the project; and therefore, have no comment on the
project as proposed. Furthermore, the NMFS, in a letter dated April 15, 2022, stated
that the proposed project would not occur in the vicinity of essential fish habitat (EFH)
designated by the South Atlantic Fishery Management Council, Mid -Atlantic Fishery
Management Council, or the NMFS, and that they are neither supportive of nor in
opposition to authorization of the proposed work.

Further, on February 6, 1990, the Department of the Army (DA) and the EPA signed
a memorandum of agreement (MOA) establishing procedures to determine the type and
level of mitigation necessary to comply with Clean Water Act (CWA) Section 404(b)(1)
Guidelines. This MOA provides for first, avoiding impacts to waters and wetlands
through the selection of the least damaging, practical alternative; second, taking
appropriate and practical steps to reduce impacts on waters and wetlands; and finally,
compensation for remaining unavoidable impacts to the extent appropriate and
practical. To enable us to process your application, in compliance with the MOA, we
request that you provide the following additional information:
A. Permits for work within wetlands or other special aquatic sites are available
only if the proposed work is the least environmentally damaging, practicable
alternative. Please furnish information regarding any other alternatives,
including upland alternatives, to the work for which you have applied and
provide justification that your selected plan is the least damaging to water or
wetland areas.
i. The Corps disagrees with your stated Purpose and Need, given that
the term "affordable housing" is not defined. Please note that the
Corps makes the final determination regarding Basic and Overall
Purpose and Need for a project. Based on your application, we have
determined the Purpose and Need of your project to be the following:
Basic: To construct a mixed -use, multifamily apartment complex and
commercial/retail development.
Overall: To construct a mixed -use multifamily apartment complex and
commercial/retail development to meet the existing housing demand in
Town of Cary and Wake County.
ii. For the off -site alternatives analysis, several siting criteria presented
are not adequately justified in the application:
a. The terms "Size/Yield" were used but not adequately explained,
and it is unclear what the size requirements are for potentially
smaller sites that may use a parking deck to minimize impacts.
b. "Access" is used as a siting criterion; however, it is not clear
that, to be a practicable alternative, a multifamily housing and
commercial development must be located within'/2 mile of an
interstate.
-2-

c. "Visibility" is used as a siting criterion; however, this criterion
seems restrictive for the proposed project as it is not
measurable. Please elaborate on the required distance for
visibility from major roads and provide that supporting
documentation.
d. "Utilities" is used as a siting criterion; however, this criterion
does not provide any information pertaining to differences to
provide utilities to all alternatives, if needed. A cost comparison
should be provided for each alternative.
e. If 20 acres of developable upland is required for the proposed
project, please explain why off -site areas that offered less than
20 acres of developable upland were assessed? This basic
requirement should be met for all alternatives for them to be
considered.
f. The Corps is interested in additional information referencing
Alternative Site 1 — Alston Avenue, as it appears this would be
the least environmentally damaging alternative resulting in no
impacts to waters of the US. Please reevaluate and address
the Site Selection Criteria. Specifically, please explain if site
size requirements would be met if a parking deck were used for
the site. Also, please provide a cost estimate to import fill to the
site.
B. It is necessary for you to have taken all appropriate and practicable steps to
minimize losses of Waters of the U.S., including wetlands. Please indicate all
that you have done, especially regarding development and modification of
plans and proposed construction techniques, to minimize adverse impacts.
i. Please provide additional information regarding the Stockwell Lane
extension. Specifically, could the Stockwell Lane extension be used as
primary access for the proposed development, thereby eliminating the
need to relocate Twyla Road?
ii. Could additional avoidance and minimization be achieved by relocating
Stream 1 and/or Stream 2 on either side of Twyla Road?
-3-

iii. Regarding the Twyla Road improvements and Stockwell Lane
extension, could additional avoidance and minimization of streams and
wetlands be achieved by bridging?
iv. Please confirm that wetland impacts are not proposed for Wetland D. If
so, please update the site application and plan sheets accordingly.
Additionally, the following items must be resolved prior to continuing to process your
permit request:
1) Please copy the Corps on your response to NCDWR's Request for Additional
Information letter dated May 11, 2022.
2) Please note that responses to the questions above may prompt additional
information requests to allow full evaluation of the proposed project.
The above requested information is essential to the expeditious processing of your
application; please forward this information to us within 30 days of your receipt of this
letter. If you have any questions regarding these matters, please contact me at (919)
441-3637 or [e-mail].
Enclosures
Copies Furnished w/enclosures:
Mr. Troy Beasley
WithersRavenel
115 MacKenan Drive
Cary, North Carolina 27511
Copies Furnished w/o enclosures:
Mr. Todd Bowers
Permit Review Specialist
Sincerely,
Tommy E. Fennel
Chief, Regulatory Division
-4-

Wetlands Regulatory Section
U.S. Environmental Protection Agency - Region IV
Sam Nunn Atlanta Federal Center
61 Forsyth Street, SW
Atlanta, Georgia 30303
Ms. Sue Homewood
NCDEQ — Division of Water Resources
401 and Buffer Permitting Branch
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
-5-

::WithersRavenel
Our People. Your Success.
NCDWR REQUEST FOR
ADDITIONAL INFORMATION
(5/11/2022)

ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
RICHARD E. ROGERS, JR.
Director
NORTH CAROLINA
Environmental Quality
May 11, 2022
DWR # 20220518
Wake County
Legacy Cary LLC
Attn: Mr. Derek Boesch
10720 Sikes Place #150
Charlotte NC 28277
Delivered via email to: [e-mail]
Subject: REQUEST FOR ADDITIONAL INFORMATION
Legacy - Cary
Dear Mr. Boesch:
On March 31, 2022, the Division of Water Resources (Division) received your application requesting a
401 Individual Water Quality Certification from the Division for the subject project. The Division has
determined that your application is incomplete and cannot be processed. The application is on -hold
until all of the following information is received:
1. If the U.S. Army Corps of Engineers requests a response to any comments received as a result
of the Public Notice, please provide the Division with a copy of your response to the USACE.
2. The application states that Twyla Rd is required to be constructed to the northern cul-de-sac.
Please provide further justification for the need for road improvements beyond the traffic
circle at the entrance into Legacy Cary. It is not evident that the impacts associated with this
portion of the road are necessary.
3. Will these roadways be conveyed to the Town upon completion? Please clarify.
4. Please clarify how stormwater will be collected and treated from the improved Twyla Rd and
the new portion of Stockwell Lane. Please note that if the road is to become a publicly
maintained roadway then stormwater from the roadway must be treated in accordance with
regulations applicable to linear transportation facilities. If the road, or any portion thereof,
will not be maintained by the Town or NCDOT in the future then all stormwater from the
roadway must be treated as part of the development.
5. The application states that Stream 2 is an intermittent channel, however Figure 6 indicates
that the stream is Perennial. Please clarify. Based on remote mapping it appears that Stream
2 is sufficiently large to be classified as Perennial throughout the project limits.
6. Please provide NCDWR stream forms to support the classification of Streams 1 and 3 as
intermittent streams/stream segments.
NORTH ntntE NA
oeperereM m Environmental Puenry
North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 11611 Mail Service Center I Raleigh, North Carolina 27699-1611
919.707.9000

Legacy Cary LLC
DWR# 20220518
Request for Additional Information
Page 2 of 3
7. Please clarify if Wetland K has been delineated by the USACE. Figure 6 and Wetland Impact
maps show Wetland K, however the figure attached to the USACE JD does not include a
wetland at this location.
8. The Impact maps and PCN application do not appear to include impacts to Wetland D
however the proposed site plan appears to eliminate Wetland D.
9. Impacts to Wetland E appears to be for the purpose of "future commercial use". In order to
adequately document Avoidance and Minimization, please provide a specific site plan for this
development area. It appears that impacts to this wetland could be minimized by reducing
the fill area slightly which would still provide for a sufficient area for future commercial use.
10. The application states that further avoidance and minimization cannot accomplished because
it would cause a loss in area to provide stormwater control measure (SCM). While the
Division recognizes the need for the project to provide for property stormwater
management, there are wide variety of treatment options for meeting stormwater
requirements, including providing multiple smaller SCMs, SCMs that can be integrated into
greenspace, and/or require smaller acreage. Please either provide further justification for
this statement or remove it from the onsite alternative analysis.
11. Please clarify why the culvert for Stream 3 is proposed to be installed at a 2% slope to reduce
outlet velocity, however the culvert for Stream 2 is proposed for a 2.83% slope. Given that
Stream 3 starts under the roadway fill, it is unclear what surface flow would be generating
increased velocity.
12. Please provide a restoration plan detail and vegetation planting plan for the temporary
impact areas.
13. The Division questions whether Stream 4 will continue to function at the same level upon
construction of Stockwell Lane. It appears to be a stream that is formed by flow from the
upslope wetland. Construction of Stockwell Lane will divert most of the flow in the area into
the two culverts, therefore bypassing Stream 4, starving its hydrology, and reducing its
function.
14. Please clarify how the riprap dissipators will be installed such that the remainder of Wetland
J below the culverts will continue to function. The Division is concerned that excavation of
the area to install the culverts and the large dissipators will cause significant changes to the
hydrology of the wetland in this area.
Pursuant to Title 15A NCAC 02H .0502(e), the applicant shall furnish all of the above requested
information for the proper consideration of the application. Please respond in writing within 30
calendar days of receipt of this letter by submitting all of the above requested information through this
link: https://edocs.deq.nc.gov/Forms/Supplemental-Information-Form (note the DWR# requested on
the link is referenced above).
If all of the requested information is not received within 30 calendar days of receipt of this letter, the
Division will be unable to approve the application and it will be denied as incomplete. The denial of this
project will necessitate reapplication to the Division for approval, including a complete application
package and the appropriate fee.
Please be aware that you have no authorization under the Section 401 of the Clean Water Act for this
activity and any work done within waters of the state may be a violation of North Carolina General
NORTH raaoJNa
Department at Environmental Puolity
North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 11611 Mail Service Center I Raleigh, North Carolina 27699-1611
919.707.9000

Legacy Cary LLC
DWR# 20220518
Request for Additional Information
Page 3 of 3
Statutes and Administrative Code.
Please contact Sue Homewood at 336-776-9693 or [e-mail] if you have any
questions or concerns.
Electronic cc:
NORTH CAROLINA
Sincerely,
�PeDocuSigned by:
. SiWOLO
949D91 BA53EF4E0...
Paul Wojoski, Supervisor
401 & Buffer Permitting Branch
Troy Beasley, WithersRavenel
April Norton, USACE Raleigh Regulatory Field Office
DWR RRO
DWR 401 & Buffer Permitting Branch file
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Filename: 20220518_Legacy Cary SD_Wake_Addinfo.docx
North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 11611 Mail Service Center I Raleigh, North Carolina 27699-1611
919.707.9000