20221447 Ver 1_Public Notice_20221031

US Army Corps
Of Engineers
Wilmington District
PUBLIC NOTICE
Issue Date: October 31, 2022
Comment Deadline: November 30, 2022
Corps Action ID Number: SAW-2010-01907
The Wilmington District, Corps of Engineers (Corps) received an application on October
19, 2022, from RXR Len Apex Owner LLC, seeking Department of the Army
authorization to discharge fill and dredged material, associated with the Veridea mixed
use commercial -residential development in Apex, in Wake County, North Carolina.
Specific plans and location information are described below and shown on the attached
plans. This Public Notice and all attached plans are also available on the Wilmington
District Web Site at:
https://www.saw.usace.army.mil/Missions/Regulatory-Permit-Program/Public-Notices/
Applicant:
AGENT (if applicable):
Authority
RXR Len Apex Owner LLC.
Attn: Todd Rechler
625 RXR Plaza
Uniondale, New York 11553
Soil & Environmental Consultants, PA.
Deborah E. Shirley
8414 Falls of Neuse Road, Suite 104
Raleigh, North Carolina 27615
The Corps evaluates this application and decides whether to issue, conditionally issue,
or deny the proposed work pursuant to applicable procedures of the following Statutory
Authorities:
y Section 404 of the Clean Water Act (33 U.S.C. 1344)
❑ Section 10 of the Rivers and Harbors Act of 1899 (33 U.S.C. 403)
❑ Section 103 of the Marine Protection, Research and Sanctuaries Act of 1972 (33
U.S.C. 1413)
Version 10.03.2022
Page 1

Location
Location Description: The proposed project (Project) is located on the west side of NC
Highway 55, and primarily between US Highway 1 and NC Highway 540, in Apex, in
Wake County, North Carolina.
Project Area (acres): 1,092 Nearest Town: Apex
Nearest Waterway: Big Branch River Basin: Cape Fear
Latitude and Longitude: 35.697756N,-78.849608W
Version 10.03.2022
Page 2

Existing Site Conditions
The project area (Site) consists primarily of undeveloped woodlands, maintained
agricultural fields, and residential homesteads. The site is bound to the north by US
Highway 1, to the east by NC Highway 55, and to the west and south by NC Highway
540, with the exception of a few parcels. Surrounding land use north and west of the
Site primarily consists of undeveloped woodlands. Commercial land use is present east
of the Site adjacent to East Williams Street, and the South Wake Landfill is located to
the southeast near the intersection of East Williams Street and NC Highway 540.
The Site was delineated to determine the lateral limits of potential waters of the U.S.
(WOUS) in September 2010; the Corps issued an Approved Jurisdictional
Determination on December 7, 2011, which expired December 7, 2016. The Site was
re -delineated in February 2016; the Corps issued a Preliminary Jurisdictional
Determination on May 26, 2017. An additional delineation was performed in 2022 for the
proposed off -site utility areas. A Jurisdictional Determination for the Site was not
requested with this application.
Based on the most recent delineation, the Site contains approximately 58,390 linear feet
(If) of potentially jurisdictional non -wetland waters (stream), 6.07 acres (ac) of potentially
jurisdictional non -wetland waters (open water), and 6.72 ac of potentially jurisdictional
wetland waters (wetlands). Additionally, there are three non -wetland waters (open
water) determined to be non -jurisdictional in the AJD dated December 7, 2011.
Based on information obtained from the United States Department of Agriculture
(USDA) Natural Resources Conservation Service (NRCS) Soil Survey for Wake County,
the soils within the Site are composed of 12 soil series summarized in Table 1 below.
Table 1
Map Unit Symbol
Map Unit Name
AaA
Altavista fine sandy loam, 0 to 4 percent slopes, rarely flooded
CaB
Carbonton-Brickhaven complex, 2 to 6 percent slopes
CaC
Carbonton-Brickhaven complex, 6 to 10 percent slopes
CaD
Carbonton-Brickhaven complex, 10 to 15 percent slopes
ChA
Chewacla and Wehadkee soils, 0 to 2 percent slopes, frequently
flooded
CrB
Creedmoor-Green Level complex, 2 to 6 percent slopes
CrC
Creedmoor-Green Level complex, 6 to 10 percent slopes
CrD
Creedmoor-Green Level complex, 10 to 15 percent slopes
PkD
Pinoka gravelly fine sandy loam, 4 to 15 percent slopes
PkF
Pinoka gravelly fine sandy loam, 15 to 30 percent slopes
Ur
Urban land
W
Water
Applicant's Stated Purpose
Version 10.03.2022
Page 3

The applicant's stated purpose for the Project is to create a community of safe, healthy,
resource efficient and transit oriented mixed -use projects which create sustainable
economic growth in the Raleigh -Durham sub -market, where there is both current and
continually growing demand for commercial and life science spaces and residential
housing. Impacts to potential WOUS associated with the development include roads,
utilities, and lot fill.
Project Description
The applicant provided the following project description:
The Project is a large, mixed -use neighborhood that preserves large swathes of
environmentally sensitive areas while providing housing, employment, retail, and other
services within 1,092 ac. The zoning approval allows for a total of 8,000 dwelling units,
3.5 million square feet (sf) of retail and commercial uses, and 12 million sf of office and
industrial uses. The zoning requires that a minimum of 100 ac be dedicated as part of
the Town of Apex's Resource Conservation Area, and a minimum of 150 ac of
recreation and open space. There are four sub -communities that would provide a
complete range of residential dwelling options including single-family homes, duplexes,
townhomes, and apartments. One sub -community is planned as a mix of single-family,
townhomes, condos, and multi -family apartments. Table 2 lists the types and number of
units planned for each proposed sub -community.
Table 2
Master Plan
Sub -community
Development Pod - Type
Units
East Village
1 — Mixed Use
320 single-family homes, 520
townhomes, 150 condos, 1,100
multifamily apartments, and
200,000 sf of institutional
(approximately)
West Village
1 — Mixed Use
80 single-family homes, 240
townhomes, 800 multifamily
apartments, 850,000 sf of mixed -
use, 80,000 sf of commercial /
retail, 200,000 sf of hotel, 150,000
sf of life and sciences, 60,000 sf for
conference center, and 50,000 sf of
community recreation
(approximately)
South Village West
2 — Non-residential
880,000 sf of industrial space,
6,000 sf of mixed -use
(approximately)
South Village East
2 — Non-residential
130,000 sf commercial/retail,
150,000 sf of hotel, 50,000 sf of
office (approximately)
Version 10.03.2022
Page 4

The Project would require the permanent discharge of fill material within 1.092 ac (4,798
If) of stream channel (0.853 ac [3,961 If] of which are considered a permanent loss of
waters), 0.820 ac of wetlands, and 0.343 ac of open water. The Project would
temporarily discharge fill or dredged material within 0.318 ac (1,182 If) of stream
channel and 0.025 ac of wetlands. The installation of utility infrastructure and
establishment of permanently maintained utility corridors would result in the temporary
discharge of dredged material within, and permanent conversion of, 0.02 ac of forested
wetlands to herbaceous wetlands.
The proposed discharges are to accomplish forty-three (43) road crossings, seventeen
(17) utility (sanitary sewer/force main) crossings and seven (7) areas of lot fill. The
proposed impact areas would cross at twenty-one (21) perennial stream locations, thirty
(30) intermittent stream locations, eleven (11) forested wetlands, and three (3) open
waters. Note that four (4) crossings have a combination of stream, wetland and/or open
water impacts.
The forty-three (43) permanent road crossings proposed at the Site would be
constructed with reinforced concrete pipes (RCP) with gravity retaining walls or cast in
place headwalls and riprap dissipator pads. The RCP's are proposed to be buried to
achieve aquatic life passage and the riprap dissipator pads are proposed to be
constructed such that the top elevation of the riprap would not exceed the pre -
construction elevation of the stream bed. The proposed road crossings would be
necessary to access uplands for the development.
The seventeen (17) temporary utility crossings proposed at the Site that would require
open -cut construction methods to bury pipe to provide a collection system to treat
wastewater from the development throughout the Project and connect to the Town's
Middle Creek Water Reclamation Facility and a proposed regional pump station. The
seven (7) permanent lot fill areas proposed at the Site would facilitate mass grading for
structures and parking.
The Project design and proposed impacts are depicted in the attached Wetland and
Stream Impact Maps, located in the appendix of this document.
Avoidance and Minimization
The applicant provided information in support of efforts to avoid and/or minimize
impacts to the aquatic environment detailed in the attached appendix to this document
in Block 23.
Compensatory Mitigation
The applicant offered the following compensatory mitigation plan to offset unavoidable
functional loss to the aquatic environment:
Version 10.03.2022 Page 5

The applicant proposes to compensate for the permanent loss of stream channel and
wetlands by purchasing credits within hydrologic unit code (HUC) 03030004, through
payment into the North Carolina Department of Mitigation Services (NCDMS) in -lieu fee
program and Middle Cape Fear Umbrella Mitigation Bank, Daniels Creek Mitigation Site
sponsored by Wildlands Holdings IV, LLC. Specifically, the applicant proposed
mitigation at a 2:1 ratio for proposed permanent stream and wetland loss and proposes
mitigation at a 1:1 ratio for proposed permanent — no permanent loss (conversion)
wetland impacts. Included with the application were mitigation acceptance letters from
NCDMS and Wildlands Engineering, Inc., dated October 7, and October 5, 2022,
respectively, indicating that they are willing to provide compensatory mitigation credits
for the Project impacts.
Amount of stream mitigation requested (linear feet): 7,922 If
Amount of Riparian wetland mitigation requested (acres): 1.66 ac
Table 3.
Phase Number Impact Areas
Mitigation Required Construction/Mitigation
Payment Deadline
Phase 1
Stream
Credits
Wetland
Credits
Master
Infrastructure A
2.21A, 2.19A,
2.19B, 2.22, 2.17,
2.24, 1.23
2,090
N/A
12/31/2027
Master
Infrastructure B
2.1 A-1, 2.1 A-2,
4.1, 4.2
N/A
0.49
12/31/2027
RXR A
2.16, 2.18, 2.20
944
N/A
12/31/2027
LEN A
2.14
258
N/A
12/31/2027
LEN B
2.9, 2.10, 2.5, 2.4,
2.1B, 2.2A, 2.2B,
2.2C
1,964
0.01
12/31/2027
SVE
3.5, 3.6
138
N/A
12/30/2030
SVW
3.1, 3.2, 3.3,
3.4A, 3.4B
500
N/A
12/30/2030
Phase 2 '
Stream
Credits
Wetland
Credits
West Village - A
1.19, 1.16, 1.18,
1.17, 1.21
650
0.20
12/31/2035
West Village - B
1.1, 1.13, 1.14,
1.15
590
0.64
12/31/2040
West Village - C
1.2A, 1.2B, 1.4,
1.5, 1.6, 1.7, 1.8
660
0.18
12/31/2045
West Village - D
1.9, 1.10, 1.11 A,
1.11B
128
0.14
12/31/2050
Total
7,922
1.66
Version 10.03.2022
Page 6

Essential Fish Habitat
The Corps' determination is that the proposed project would not effect EFH or
associated fisheries managed by the South Atlantic or Mid Atlantic Fishery Management
Councils or the National Marine Fisheries Service.
Cultural Resources
Pursuant to Section 106 of the National Historic Preservation Act of 1966, Appendix C
of 33 CFR Part 325, and the 2005 Revised Interim Guidance for Implementing Appendix
C, the District Engineer consulted district files and records and the latest published
version of the National Register of Historic Places and initially determines that:
The proposed work takes place in an area known to have the potential for the
presence of prehistoric and historic cultural resources; however, the area has not
been formally surveyed for the presence of cultural resources. No sites eligible
for inclusion in the National Register of Historic Places are known to be present
in the vicinity of the proposed work. Additional work may be necessary to identify
and assess any historic or prehistoric resources that may be present.
In a letter dated June 20, 2016, the North Carolina State Historic Preservation Office
(SHPO) stated that the Site is considered to have a high probability for archaeological
remains, including both precontact Native American sites and historic period sites.
In a letter dated November 22, 2021, SHPO stated that five archeological sites
(31WA1500 — 31WA1503 and 31WA1514) and the Baker -Collins Cemetery
(31WA1504) are located within the Site. SHPO stated that the five archaeological sites
are not eligible for listing in the National Register of Historic Places, but it is likely that
additional, unrecorded sites are present in the project area. SHPO recommended that
prior to any ground disturbing activities within the project area, a comprehensive
archaeological survey of the project area be conducted by an experienced
archaeologist. Additionally, SHPO noted that cemeteries and unmarked graves are
protected under North Carolina General Statutes Chapter 14-148 and 14-149 and are
afforded consideration under NCGS Chapters 65 and 70.
In a letter dated September 14, 2022, SHPO stated that they had received the Historic
Structure Report (HSSR), Hunter -Prince House (WA0686), 3009 Veridea Parkway,
Apex, Wake County, North Carolina," and offered comments. SHPO stated that after
reviewing the HSSR evaluating the National Register eligibility of the Hunter -Prince
House, they concur that the property is not eligible for the reasons listed in the report
and they have determined that there would be no historic structures affected by the
Project.
In a letter dated October 7, 2022, SHPO stated that the methods described in the draft
archaeological survey report submitted August 18, 2022, for delineating cemeteries and
assessing historic archaeological site are inconsistent with the scope of work approved
Version 10.03.2022 Page 7

in an email dated November 29, 2021. SHPO recommended that additional fieldwork be
performed to ensure that cemeteries are properly delineated and historic sites are
properly assessed.
The District Engineer's final eligibility and effect determination will be based upon
coordination with the SHPO and/or THPO, as appropriate and required, and with full
consideration given to the proposed undertaking's potential direct and indirect effects on
historic properties within the Corps -identified permit area.
Endangered Species
Pursuant to the Endangered Species Act of 1973, the Corps reviewed the project area,
examined all information provided by the applicant and consulted the latest North
Carolina Natural Heritage Database. Based on available information:
The Corps determines that the proposed project may affect federally listed
endangered or threatened species or their formally designated critical habitat.
7
By copy of this public notice, the Corps initiates consultation under Section 7
of the ESA and will not make a permit decision until the consultation process is
complete.
The applicant included the following effect determinations for federally listed species
presented in Table 4. below, which were also provided to the U.S. Fish and Wildlife
Service (Service) via email on June 8, 2022.
Table 4.
Species / Resource
Name
Conclusion
ESA Section
7 / Eagle Act
Determination
Notes / Documentation
Red -cockaded
Woodpecker (Picoides
borealis)
No suitable habitat
present
No effect
Preliminary habitat
survey completed by
S&EC staff on May 4 & 5,
2022.
Neuse River Waterdog
(Necturus lewisi)
No suitable habitat
present
No effect
Preliminary habitat
survey completed by
S&EC staff on May 4 & 5,
2022.
Cape Fear Shiner
(Notropis
mekistocholas)
No suitable habitat
present
No effect
Preliminary habitat
survey completed by
S&EC staff on May 4 & 5,
2022.
Carolina Madtom
(Noturus furiosus)
No suitable habitat
present
No effect
Preliminary habitat
survey completed by
S&EC staff on May 4 & 5,
2022.
Version 10.03.2022
Page 8

Atlantic Pigtoe
(Fusconaia mason')
No suitable habitat
present
No effect
Preliminary habitat
survey completed by
S&EC staff on May 4 & 5,
2022.
Dwarf Wedgemussel
(Alasmidonta
heterodon)
No suitable habitat
present
No effect
Preliminary habitat
survey completed by
S&EC staff on May 4 & 5,
2022.
Yellow Lance (Elliptio
lanceolata)
No suitable habitat
present
No effect
Preliminary habitat
survey completed by
S&EC staff on May 4 & 5,
2022.
Michaux's Sumac
(Rhus michauxii)
Suitable habitat
present, species not
present
No effect
Preliminary habitat
survey completed by
S&EC staff on May 4 & 5,
2022.
Bald Eagle
(Haliaeetus
leucocephalus)
Unlikely to disturb
nesting Bald Eagles
No Eagle Act
permit
required
Preliminary habitat
survey completed by
S&EC staff on May 4 & 5,
2022.
Northern Long-eared
Bat (Myotis
septentrionalis)
Suitable habitat
present, species not
present
May affect,
not likely to
adversely
affect
Preliminary habitat
survey completed by
S&EC staff on May 4 & 5,
2022. Relying upon the
findings of the
1/5/2016 Programmatic
Biological Opinion for
Final 4(d) Rule on the
Northern Long -Eared Bat
and Activities Excepted
from Take Prohibitions to
fulfill our project -specific
section 7 responsibilities.
Critical Habitat
No critical habitat
present
No effect
The Service provided the applicant with the following statement via email on July 26,
2022: "The Service concurs with the determinations for the Veridea project."
Other Required Authorizations
The Corps forwards this notice and all applicable application materials to the
appropriate State agencies for review.
North Carolina Division of Water Resources (NCDWR):
Version 10.03.2022
Page 9

7
The Corps will generally not make a final permit decision until the NCDWR
issues, denies, or waives the state Certification as required by Section 401 of
the Clean Water Act (PL 92-500). The receipt of the application and this public
notice at the NCDWR Central Office in Raleigh constitutes initial receipt of an
application for a 401 Certification. Unless NCDWR is granted a time review
extension, a waiver will be deemed to occur if the NCDWR fails to act on this
request for certification within 120 days of the date of this public notice.
Additional information regarding the 401 Certification may be reviewed at the
NCDWR Central Office, 401 and Buffer Permitting Unit, 512 North Salisbury
Street, Raleigh, North Carolina 27604-2260. All persons desiring to make
comments regarding the application for a 401 Certification should do so, in
writing, by November 21, 2022, to:
NCDWR Central Office
Attention: Mr. Paul Wojowski, 401 and Buffer Permitting Unit
(USPS mailing address): 1617 Mail Service Center, Raleigh, NC 27699-
1617
Or,
(physical address): 512 North Salisbury Street, Raleigh, North Carolina
27604
North Carolina Division of Coastal Management (NCDCM):
7
Based upon all available information, the Corps determines that this application
for a Department of Army (DA) permit does not involve an activity which would
affect the coastal zone, which is defined by the Coastal Zone Management
(CZM) Act (16 U.S.C. § 1453).
Evaluation
The decision whether to issue a permit will be based on an evaluation of the probable
impacts including cumulative impacts of the proposed activity on the public interest.
That decision will reflect the national concern for both protection and utilization of
important resources. The benefit which reasonably may be expected to accrue from the
proposal must be balanced against its reasonably foreseeable detriments. All factors
which may be relevant to the proposal will be considered including the cumulative
effects thereof; among those are conservation, economics, aesthetics, general
environmental concerns, wetlands, historic properties, fish and wildlife values, flood
hazards, flood plain values (in accordance with Executive Order 11988), land use,
navigation, shoreline erosion and accretion, recreation, water supply and conservation,
water quality, energy needs, safety, food and fiber production, mineral needs,
considerations of property ownership, and, in general, the needs and welfare of the
people. For activities involving the discharge of dredged or fill materials in waters of the
Version 10.03.2022 Page 10

United States, the evaluation of the impact of the activity on the public interest will
include application of the Environmental Protection Agency's 404(b)(1) guidelines.
Commenting Information
The Corps of Engineers is soliciting comments from the public; Federal, State and local
agencies and officials, including any consolidated State Viewpoint or written position of
the Governor; Indian Tribes and other interested parties in order to consider and
evaluate the impacts of this proposed activity. Any comments received will be
considered by the Corps of Engineers to determine whether to issue, modify, condition,
or deny a permit for this proposal. To make this decision, comments are used to assess
impacts on endangered species, historic properties, water quality, general
environmental effects and the other public interest factors listed above. Comments are
used in the preparation of an Environmental Assessment (EA) and/or an Environmental
Impact Statement (EIS) pursuant to the National Environmental Policy Act (NEPA).
Comments are also used to determine the need for a public hearing and to determine
the overall public interest of the proposed activity.
Any person may request, in writing, within the comment period specified in this notice,
that a public hearing be held to consider the application. Requests for public hearings
shall state, with particularity, the reasons for holding a public hearing. Requests for a
public hearing will be granted, unless the District Engineer determines that the issues
raised are insubstantial or there is otherwise no valid interest to be served by a hearing.
The Corps of Engineers, Wilmington District will receive written comments pertinent to
the proposed work, as outlined above, until 5pm, December 3, 2022. Comments should
be submitted to George Lyle Phillips III, Raleigh Regulatory Field Office,
3331 Heritage Trade Drive, Suite 105 , Wake Forest, North Carolina 27587, at (919)
588-9200. Comments may also be submitted to [e-mail]
Version 10.03.2022 Page 11