20230948 Ver 1_01_LEOatWendell_PCN_CoverLetter_20230630

Kimley»>Horn
June 30, 2023
Mr. Matt Martin
U.S. Army Corps of Engineers
Raleigh Regulatory Field Office
3331 Heritage Trade Drive, Suite 105
Wake Forest, NC 27587
Mr. Zachary Thomas
NC Division of Water Resources
401 & Buffer Permitting Unit
512 North Salisbury Street
Raleigh, NC 27604
RE: Nationwide Permit 14 & 29 Application Package
LEO at Wendell (SAW-2022-01400)
Wake County, North Carolina
Dear Mr. Martin and Mr. Thomas:
On behalf of our client, Advenir Oakley Capital, LLC, Kimley-Horn is submitting the attached application
for authorization under Nationwide Permit (NWP) #29 and #14 and corresponding Individual 401 Water
Quality Certifications for the LEO at Wendell project ("Project") located in Wake County, North Carolina.
The Project proposes to construct a single-family residential development within multiple property parcels
located off Eagle Rock Road and Old Battle Bridge Road in Wendell, Wake County, North Carolina. As
part of the proposed development, the offsite roadway, Eagle Rock Road, will be widened and improved
and Old Battle Bridge Road will be realigned and improved. These roadways are being improved to meet
the standards of the Town of Wendell UDO, to facilitate safe access into the development, and to
maintain safe traffic flow along the adjacent public roadway corridors. Additionally, a multi -use path will be
constructed along the eastern portion of the Site as part of the proposed development. A proposed sewer
line associated with the residential development will tie into the existing City of Raleigh sanitary sewer line
southeast of the Project. No impacts to any jurisdictional features will result from the proposed sewer line.
The Project Study Area currently exists as agricultural land, undeveloped forested land, and scattered
single-family residential houses with existing internal dirt access roads that transect the Project. The
Project vicinity is primarily composed of undeveloped forestland, agricultural land, and roadway corridors
with residential and commercial developments. The permit applicant, Advenir Oakley Capital, LLC, is
under option to purchase the parcels associated with the Project.
Kimley-Horn delineated the project study area in March and April of 2022 and identified five wetlands
(W1, W2, W3, W4, and W5) and four streams (S2, S4, S6, and Buffalo Creek). A Preliminary
Jurisdictional Determination (PJD) (SAW-2022-01400) email concurrence was issued for the project study
area by Mrs. Samantha Dailey of the USACE on July 21, 2022. A Buffer Determination (NBRRO #22-254)
was issued for the project study area by Mr. Scott Vinson of the NCDWR on July 19, 2022. Due to offsite
roadway improvements, small areas of the limits of disturbance (LOD) had to be located outside of the
original project study area. These small areas within the LOD outside of the project study area were

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delineated on June 8, 2023 and no features were identified. Documentation of the PJD email concurrence
and the Buffer Determination are attached as part of this permit application package.
Impacts to the wetlands, streams, and riparian buffers within the Project have been avoided and
minimized to the extent practical throughout the design of the project. Fill slopes along the proposed Old
Battle Bridge Road have been tightened to 2:1 near sensitive areas to avoid impacts to the protected
riparian buffers. The multi -use path was shifted west of the existing sanitary sewer easement to allow the
path to cross at close to the narrowest point on the wetland crossing of wetland W3, which results in less
impact than using the existing sewer easement and prevents conflicts with manholes and existing
infrastructure. Permanent stream impacts have been minimized and are limited to two new crossings as a
result of the construction of a new roadway into the Project and a new roadway north of the proposed
residential development. In addition, the existing Eagle Rock Road will be realignment and improved,
resulting in stream impacts associated with the replacement and extension of the existing culvert. To
minimize stream impacts, the development will be accessed from the relocated and improved Eagle Rock
Road and Old Battle Bridge Road. Due to the existing culvert carrying stream S2 under Eagle Rock Road
creating scour and erosion at the culvert outlet, the culvert will be replaced, and the outlet will be
stabilized to prevent further erosion, resulting in permanent stream impacts with no net loss of stream.
Culvert headwalls have been designed to reduce stream impacts and wingwalls are proposed to reduce
impacts to the surrounding riparian buffer areas. All stream crossings for the proposed project have been
designed to cross perpendicularly to minimize impacts. Proposed buildings and parking have been
located entirely in upland areas outside of jurisdictional features.
Unavoidable permanent impacts to wetland W3 (0.152 acres) at Impact Site 4 will result from the multi-
use path that will be constructed along the eastern portion of the Project as part of the proposed
development. The multi -use path and associated easement have been designed to be constructed at
grade to allow for surface flow across the pathway and allow for connectivity between the remaining
portion of W3 and the larger wetland system along Buffalo Creek.
At Impact Site 1, unavoidable permanent and temporary impacts to stream S2 are proposed for the
construction of a new entrance road from Old Battle Bridge Road to facilitate site access. The
construction of that entrance road will permanently impact 0.007 acre (97 LF) of S2 due to the installation
of a culvert and associated grading, and an additional 0.008 acre (103 LF) of temporary stream impact to
S2 to allow for construction dewatering.
At Impact Site 2, unavoidable permanent and temporary impacts to S2 are proposed for the construction
of a new roadway to facilitate connection through the development from Old Battle Bridge Road and
Eagle Rock Road to the development north of LEO at Wendell. The construction of this new roadway will
permanently impact 0.007 acre (68 LF) of S2 due to the installation of a culvert and associated grading,
and an additional 0.007 acre (73 LF) of temporary stream impact to S2 to allow for construction
dewatering.
At Impact Site 3, unavoidable permanent impacts to S2 are proposed for the realignment and
improvements to Eagle Rock Road to facilitate safe access into the development maintain safe traffic flow
along the adjacent public roadway corridor. The realignment and improvements to the existing roadway
will permanently impact 0.001 acre (22 LF) of S2 due to the replacement and extension of the existing
culvert under Eagle Rock Road. An additional 0.011 acre (41 LF) of permanent stream impacts that will

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result in no net loss of waters to S2 are proposed at the replaced and extended culvert outlet under Eagle
Rock Road. At this outlet, riprap will be keyed -in to the bed and bank of S2 to provide outlet protection
and prevent future erosion, while still allowing for normal flow and the movement of aquatic species.
All temporarily disturbed areas within the stream will be returned to pre -construction contours after
completion of the project. Compensatory mitigation for stream impacts has not been proposed as part of
this application due to the minimal permanent stream impacts (<0.02 acre) that would result from the
proposed project.
Unavoidable permanent impacts to the Neuse River Basin Buffer Zones 1 (BZ1) and Buffer Zones 2
(BZ2) of S2 will result from the installation of the culvert and the permanent grading associated with the
proposed new road crossings at Impact Sites 1 and 2 and the roadway realignment and improvement at
Impact Site 3. Temporary buffer impacts are proposed for construction access and dewatering of the
stream via pump -around to install the culvert and construct the new roadways at Impact Sites 1 and 2.
Temporary impacts will be restored to pre -construction contours and re -vegetated consistent with
NCDWR riparian buffer rules. Temporary impacts to BZ1 will be re -planted with native hardwood trees,
and both BZ1 and BZ2 will be seeded with a native riparian seed mix upon completion of the project.
Compensatory mitigation is not proposed for impacts to Neuse River Basin riparian buffers as a result of
this project. Permanent impacts to Buffer Zones 1 and 2 of S2 as will result from roadway construction,
culvert installation, and associated grading at Impact Site 1, Impact Site 2, and Impact Site 3. According
to NCDWR's Neuse River Basin Riparian Buffers Table of Uses, these riparian buffer impacts at Impact
Site 1, Impact Site 2, and Impact Site 3 are "perpendicular roadway crossings of streams" with "impacts
greater than one -tenth of an acre but equal to or less than one-third of an acre of riparian buffer" which
are considered "allowable upon authorization".
The project proposes to provide compensatory mitigation credits at a 2:1 ratio for the 0.152 acre of
permanent impacts to W3 at Impact Site 4. To offset these losses, wetland credits have been reserved
through payment to the EBX-Neuse I, LLC sponsored Neu -Con Wetland & Stream Umbrella Mitigation
Bank. Specifically, wetland credits will be provided from the Arrington Bridge III Site. The Statement of
Availability from the mitigation banker has been included as part of this application package.
To assist with the processing of this application, the following information is included:
• ePCN Application Form
• Signed Agent Authorization Form
• Project Figures
• Permit Impact Drawings
• Preliminary Jurisdictional Determination Delineation Concurrence Email (SAW-2022-01400)
• Buffer Determination Letter (NCWWR# NBRRO #22-254)
• Mitigation Bank Statement of Availability
• Plan Sheets

Kimley»>Horn
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If there is any additional information you need to assist in the processing of this NWP application, please
do not hesitate to contact me at [phone] or Mackenzie. Richards @ Kim ley-Horn.ccm.
Sincerely,
Mackenzie Richards, PWS
Kimley-Horn & Associates, Inc.
Attachments