20231582 Ver 1_09_OriginalNPR_DeemedAllowable_Submittal_20231120

From: Richards, Mackenzie
To: Phillips. Georae L CIV USARMY CESAW (USA); Cohn. Colleen M; zacharv.thomasCabncdenr.aov
Cc: Hartshorn. Jason
Subject: No Permit Required/Deemed Allowable - Laurel Hills Townhomes (SAW-2021-02249; NBRRO# 21-368)
Date: Wednesday, November 2, 2022 12:03:00 PM
Attachments: 01 LaurelHills Impact Drawinas.Ddf
02 LaurelHills Plans.ndf
03 NCDWR Bufferl-etter LaurelHills.ndf
04 SAW-2021-02249 LaurelHills PJD.Ddf
Good afternoon, Lyle, Colleen, and Zach!
On behalf of our client, Baker Residential of the Carolinas, LLC, Kimley-Horn is submitting this No
Permit Required/Deemed Allowable documentation for the Laurel Hills Townhomes project (SAW-
2021-02249; NBRRO# 21-368) located in Raleigh, Wake County, NC. The project is proposing the
development of townhomes, including associated internal roadways, parking, stormwater control
measures, and utilities within the project property parcel. Attached for your review are the overall
project Site Plan, along with the Impact Drawings, which are discussed in more detail below. Note
that there are two Impact Drawings attached, Figure 5.1 shows the impacts over the grading plan,
but Figure 5.2 shows the impacts over the utility plan for improved clarity.
Kimley-Horn delineated the project on August 26, 2021 and identified one perennial stream (S1),
subject to 50' Neuse River Basin (NRB) riparian buffers, and one wetland (W1) within the project
study area (Figure 3). The USACE issued a delineation concurrence for the project (SAW-2021-
02249) via email on November 1, 2021 and Joe Myers of the NCDWR issued a Buffer Determination
Letter for the project (NBRRO# 21-368) on December 6, 2021. Documentation has been attached for
reference.
Based on the USACE and NCDWR verifications, no stream or wetland impacts will result from the
proposed project. However, unavoidable permanent impacts to the NRB riparian buffers are
proposed as a result of updating and replacing the existing sanitary sewer line that transects the site
as part of the proposed development. Based on our understanding of the NRB riparian buffer rules,
the buffer impacts associated with the project are considered "deemed allowable" according to the
Table of Uses. Therefore, it is Kimley-Horn's understanding that these impacts do not require written
authorization from NCDWR (Figures 5.1 and 5.2):
• Impact Site 1- the existing sanitary sewer line that transects the site (parallel to the western
bank of stream S1) will be replaced and the associated 20' existing sanitary sewer easement
will be updated to meet current City of Raleigh standards/requirements and provide a safe
easement for future sewer rehabilitation, as needed. Primarily, these updates include
widening the existing sanitary sewer easement from 20' to 30' throughout to meet current
requirements and retaining and protecting the northern section of the existing sanitary sewer
main. The widening of the existing sanitary sewer easement along the northern portion of the
sewer line involves no grading and is considered a "change of use", therefore, resulting 249
sq. ft. of permanent NRB Buffer Zone (BZ) 1 impacts and 1,021 sq. ft. of permanent NRB BZ 2
impacts.
o According to (jj)(i) of NCDWR's NRB Riparian Buffers Table of Uses, for the
"replacement/rehabilitation of existing sewer lines within, or adjacent to, an existing

right of way but outside of an existing utility line maintenance corridor" with a
"permanent maintenance corridor equal to or less than 30 feet wide provided there is
no grading and/or grubbing within 10 feet of the top of bank when the sewer line is
parallel to the stream" is "deemed allowable".
• Impact Site 2 - the proposed sewer alignment will be replaced and shifted approximately 15
feet east of the existing sewer line and will tie into the existing sewer line. Grading will occur
in the proposed sanitary sewer easement to ensure the proposed sewer line is correctly
buried and the sewer easement is safe for future sewer maintenance and/or rehabilitation.
Updating the proposed sanitary sewer easement and replacing the sanitary sewer line will
result in 144 sq. ft. of permanent NRB Buffer Zone (BZ) 1 impacts and 1,489 sq. ft. of
permanent NRB BZ 2 impacts.
c According to (jj)(i) of NCDWR's NRB Riparian Buffers Table of Uses, for the
"replacement/rehabilitation of existing sewer lines within, or adjacent to, an existing
right of way but outside of an existing utility line maintenance corridor" with a
"permanent maintenance corridor equal to or less than 30 feet wide provided there is
no grading and/or grubbing within 10 feet of the top of bank when the sewer line is
parallel to the stream" is "deemed allowable".
• Impact Site 3 - grading and revegetation is proposed within the existing sanitary sewer
easement, resulting in 739 sq. ft. of permanent NRB BZ 2 impacts.
According to (i) of NCDWR's NRB Riparian Buffers Table of Uses, "grading only in Zone 2
provided that the health of existing vegetation in Zone 1 is not compromised, Item (9) of
this Rule is complied with, and disturbed areas are stabilized and revegetated" is
"deemed allowable".
Therefore, it is Kimley-Horn's understanding that:
• Due to the lack of stream and wetland impacts as a result of the proposed development,
detailed in the above No Permit Required documentation, the proposed project can be
constructed with no further authorizations from the USACE.
• Since the buffer impacts associated with the project are considered "deemed allowable"
according to the Table of Uses, detailed above, the proposed project can be constructed with
no further authorizations from the NCDWR.
If this is incorrect, please let me know immediately. Thank you for your time!
Mackenzie Richards, PWS (she/her)
Kimley-Horn 1 421 Fayetteville Street, Suite 600, Raleigh, NC 27601
Direct: 919 678 4154 1 Mobile: [phone]
Connect with us: Twitter I Linkedln I Facebook I Instacri am I Kimlev-Horn.com
Celebrating 15 years as one of FORTUNE's 100 Best Companies to Work For

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Impact Site 3 -
Permanent Neuse River Basin Buffer Impacts
Grading in Existing Sanitary Sewer Easement
Buffer Zone 2 Impacts = 739 sq. ft.
NRB Buffer Rules Table of Uses (i)
Deemed Allowable- "Grading only in Zone 2
provided that the health of existing vegetation in
Zone 1 is not compromised, Item (9) of this Rule is
complied with, and disturbed areas are stabilized
and revegetated."
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Impact Site 1 -
Permanent Neuse River Basin Buffer Impacts
Outside LOD
No Clearing/Grading
Change of Use - Proposed Sanitary Sewer Easement
Buffer Zone 1 Impacts = 249 sq. ft.
Buffer Zone 2 Impacts = 1,021 sq. ft.
NRB Buffer Rules Table of Uses (ii)(i)
Deemed Allowable- "Replacement of existing sewer line"
with "permanent maintenance corridor equal to
or less than 30 feet wide provided there is no grading and/or
grubbing within 10 feet of the top of bank when the sewer line is
parallel to the stream"
/
Impact Site 2 -
Permanent Neuse River Basin Buffer Impacts
Grading in Proposed Sanitary Sewer Easement
Buffer Zone 1 Impacts = 144 sq. ft.
Buffer Zone 2 Impacts = 1,489 sq. ft.
NRB Buffer Rules Table of Uses (ii)(i)
Deemed Allowable- "Replacement of existing sewer line"
with "permanent maintenance corridor equal to
or less than 30 feet wide provided there is no grading and/or
grubbing within 10 feet of the top of bank when the sewer line is
parallel to the stream"
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Legend
Permanent NRB BZ1 1 Impacts (Change of Use - Prop. SS Esmnt.)
Permanent NRB BZ 2 Impacts (Change of Use - Prop. SS Esmnt.)
Permanent NRB BZ 1 Impacts (Grading Prop. SS Esmnt.)
Permanent NRB BZ 2 Impacts (Grading Prop. SS Esmnt.)
Permanent NRB BZ 2 Impacts (Grading Exist SS Esmnt.)
Neuse River Basin (NRB) Buffer Zone 2 (20')
Neuse River Basin (NRB) Buffer Zone 1 (30')
Streams
Wetlands
Limits of Disturbance
Figure 5.1: Permit Impact Drawings - Grading Plans
Laurel Hills Road Site
Raleigh, Wake County, NC
November 2022

Impact Site 3 -
N
Permanent Neuse River Basin Buffer Impacts
Grading in Existing Sanitary Sewer Easement o \
Buffer Zone 2 Impacts = 739 sq. ft. r
_ SS _ _ i S
NRB Buffer Rules Table of Uses
Deemed Allowable- "Grading only in Zone 2 i
provided that the health of existing vegetation in m
- Zone 1 is not compromised, Item (9) of this Rule is o
,• complied with, and disturbed areas are stabilized D
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Impact Site 1 -
Permanent Neuse River Basin Buffer Impacts
Outside LOD
No Clearing/Grading
Change of Use - Proposed Sanitary Sewer Easement
Buffer Zone 1 Impacts = 249 sq. ft.
Buffer Zone 2 Impacts = 1,021 sq. ft.
NRB Buffer Rules Table of Uses (ii)(i)
Deemed Allowable- "Replacement of existing sewer line"
with "permanent maintenance corridor equal to
or less than 30 feet wide provided there is no grading and/or
grubbing within 10 feet of the top of bank when the sewer line is
parallel to the stream"
Impact Site 2 -
Permanent Neuse River Basin Buffer Impacts
Grading in Proposed Sanitary Sewer Easement
Buffer Zone 1 Impacts = 144 sq. ft.
Buffer Zone 2 Impacts = 1,489 sq. ft.
NRB Buffer Rules Table of Uses (ii)(i)
Deemed Allowable- "Replacement of existing sewer line"
with "permanent maintenance corridor equal to
or less than 30 feet wide provided there is no grading and/or
grubbing within 10 feet of the top of bank when the sewer line is
parallel to the stream"
/
00M
Permanent NRB BZ1 1 Impacts (Change of Use - Prop. SS Esmnt.)
Permanent NRB BZ 2 Impacts (Change of Use - Prop. SS Esmnt.)
Permanent NRB BZ 1 Impacts (Grading Prop. SS Esmnt.)
Permanent NRB BZ 2 Impacts (Grading Prop. SS Esmnt.)
Permanent NRB BZ 2 Impacts (Grading Exist SS Esmnt.)
Neuse River Basin (NRB) Buffer Zone 2 (20')
Neuse River Basin (NRB) Buffer Zone 1 (30')
Streams
Wetlands
Limits of Disturbance
Figure 5.2: Permit Impact Drawings - Utility Plans
Laurel Hills Road Site
Raleigh, Wake County, NC
November 2022

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submitted to the NCDWR on November 2, 2022
due to the unavoidable permanent and I o-
allowable impacts to the NRB riparian buffers
that were proposed at this location.
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— Jurisdictional Streams 1 y
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Neuse River Basin (NRB) Buffer Zone 1 (30')
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Jurisdictional Wetlands
Permanent Wetland Impacts GRADING AND ���%���� Kimley*Horn
DRAINAGE PLAN t„ _
IIN
Updated Limits of Disturbance
dProject Study Area .. - Feet
0 150 300
Figure 5.0: Permit Impact Drawings
Kimley>>> Horn Laurel Hills Road Site
Raleigh, Wake County, NC
November 2023

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Impact Site 1:
Permanent Wetland Impact: 0.003 acre
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fir- Jurisdictional Streams
Neuse River Basin (NRB) Buffer Zone 1 (30') o //
DI
Neuse River Basin (NRB) Buffer Zone 2 (20')
Jurisdictional Wetlands
Permanent Wetland Impacts
Updated Limits of Disturbance
Project Study Area Feet
0 15 30
Figure 5.1: Permit Impact Drawings - Impact Site 1
Kimley>>> Horn Laurel Hills Road Site
Raleigh, Wake County, NC
November 2023

DocuSign Envelope ID: 1 F4E9A8C-A364-4948-83F0-06811 FADC652
ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
S. DANIEL SMITH
Director
NORTH CAROLINA
Environmental Quality
12/6/2021
Contact: Mark Bowles
Address: 7001 Weston Parkway, Suite 150, Cary, NC 27513
Subject: Buffer Determination Letter
NBRRO # 21-368
County: Wake
Determination Type:
Buffer
Intermittent/Perennial
® Neuse (15A NCAC 2B .0714)
❑ Tar -Pamlico (15A NCAC 2B .0734)
❑ Intermittent/Perennial Determination (where local
buffer ordinances apply)
❑ Jordan (15A NCAC 2B .0267) (governmental
and/or interjurisdictional projects)
Project Name:
Address/Location
Stream(s):
Laurel Hills Road Site
4008 Laurel Hills
Crabtree Creek
Determination Date: 12/6/2021
NC 27612
Staff: Joe Myers
Feature
E/UPM
Not c2�
Subject
Subject
Start @
Stop @
Soil
Survey
USGS
To o
Start: DWR Flag A
A
P
X
@ 35.83393° N 78.70460° W
X
End: Off Property
(1) E = Ephemeral, I = Intermittent, P = Perennial, NP = Not Present, N/A=Not Applicable
(2) Refers to State riparian buffer rules only. Stream, wetland, or pond impacts are still subject to applicable water
quality standards and permitting requirements.
Explanation: The stream(s)/pond(s) listed above has been located on the most recent published NRCS Soil Survey
of Wake County, North Carolina and/or the most recent copy of the USGS Topographic map at a 1: 24,000 scale.
Each feature that is checked "Not Subject" has been determined to not be an intermittent stream, perennial stream, a
pond connected to a stream feature, or the feature is determined not to be present. Stream features that are checked
"Subject" have been located on the property and possess characteristics that qualify them to be subject to the buffer
rules. There may be other streams located on the property that are not depicted on the maps referenced above and
are therefore not subject to the buffer rules. However, if the stream features are present on the tract they are subject
R E�� North Carolina Department of Environmental Quality I Division of Water Resources
Raleigh Regional Office 13800 Barrett Drive I Raleigh, North Carolina 27609
NORTH CAROLING
D. hw a WWI ,viQua1RV 919.791.4200

DocuSign Envelope ID: lF4E9A8C-A364-4948-83F0-06811FADC652
4008 Laurel Hills Road, Raleigh, NC 27612
Wake County
12/6/2021
Page 2 of 2
to all other applicable North Carolina stream standards and permitting requirements as outlined in 15A NCAC 0213,
and may be considered jurisdictional according to the US Army Corps of Engineers.
This on -site determination shall expire five (5) years from the date of this letter. Landowners or affected
parties that dispute a determination made by the DWR may request a determination by the Director. An
appeal request must be made within sixty (60) days of date of this letter. A request for a determination by the
Director shall be referred to the Director in writing. If sending via US Postal Service: c/o Paul Wojoski; DWR
— 401 & Buffer Permitting Unit; 1617 Mail Service Center; Raleigh, NC 27699-1617. If sending via delivery
service (UPS, FedEx, etc.): Paul Wojoski; DWR — 401 & Buffer Permitting Unit, 512 N. Salisbury Street;
Raleigh, NC 27604.
This determination is final and binding unless, as detailed above, an appeal is requested within sixty (60)
days.
This project may require a Section 404/401 Permit for the proposed activity. Any inquiries should be
directed to the US Army Corp of Engineers (Raleigh Regulatory Field Office) at (919)-554-4884.
If you have questions regarding this determination, please feel free to contact Joe Myers at [phone].
Sincerely,
DocuSigned by:
Sit
pA9D225kk4�A46:7Scott mson,egional Supervisor
Water Quality Regional Operations Section
Raleigh Regional Office
Division of Water Resources, NCDEQ
cc: RRO DWR File Copy
Laserfiche
Contact via e-mail at Mackenzie.Richards(&kimley-horn.com
OeparMen! of EnNranmenlal Qualll�
North Carolina Department of Environmental Quality I Division of Water Resources I Raleigh Regional Office
3800 Barrett Drive 11628 Mail Service Center I Raleigh, North Carolina 27699-1628
919.791.4200

DocuSign Envelope ID: 1 F4E9A8C-A364-4948-83F0-06811 FADC652
21-368
Laurel Hills Road Project
Wake
�a 5r 7-,E Map provided by Kimley-
Legend: �� ✓ , Horn
ay
n
Locations are approximate
-Approximate Site Boundary: o
and are provided for refer-
-Approximate Start/Stop Point `&u;' ence only ::

DocuSign Envelope ID: 1 F4E9A8C-A364-4948-83F0-06811 FADC652
21-368
Laurel Hills Road Project
Wake
�a 5r 7-,E Map provided by Kimley-
Legend: �� ✓ , Horn
ay
n
Locations are approximate
-Approximate Site Boundary: o
and are provided for refer-
-Approximate Start/Stop Point * `&u;' ence only ::

Richards, Mackenzie
From: Phillips, George L CIV USARMY CESAW (USA) <[e-mail]>
Sent: Monday, November 1, 2021 2:07 PM
To: Richards, Mackenzie
Subject: 4008 Laurel Hills Road / Raleigh / Wake County / SAW-2021-02249
Attachments: Figure 3 - Potentially Jurisdictional Features Map.pdf
Categories: External
Ms. Richards,
I do not need to make a site visit for the above referenced project, and concur with the delineation within the red
outlined "Project Study Area" depicted on the attached "Figure 3: Potentially Jurisdictional Features Map" exhibit. Due
to workload volume it may take 90-120 days for the issuance of a standalone JD, however, you may use the delineation
for planning and permitting purposes. Should the need for a permit arise the JD can be issued with the permit
verification. The AID for this project is SAW-2021-02249. I have attached the "Figure 3: Potentially Jurisdictional Features
Map" exhibit for reference.
Please let me know if you have any questions/concerns.
Lyle Phillips
Regulatory Specialist
US Army Corps of Engineers
CE-SAW-RG-R
3331 Heritage Trade Drive, Suite 105
Wake Forest, North Carolina 27587
Phone: [phone], Ext. 25.
Fax: [phone]
Email: [e-mail]
We would appreciate your feedback on how we are performing our duties. Our automated Customer Service Survey is
located at https://regulatory.ops.usace.army.mil/customer-service-survey/ . Thank you for taking the time to visit this
site and complete the survey.

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Legend
Raleigh
Wake County
r
Project Study Area
Ce3:71►1�/1���
FRANKLIN
Project Location
WAKE /
JOHNSTON
Figure 1: Vicinity Map
Laurel Hills Road Site
Raleigh, Wake County, NC
November 2023

'4-
A
BOXWOOD RD
Ift-
Legend
Project Study Area
Kimley>>> Horn
n
cc
�I
c
Feet
0 200 400
Figure 2: USGS Topographic Map
Laurel Hills Road Site
Raleigh, Wake County, NC
November 2023

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GeB2
-IUM
Legend A&
Project Study Area Feet
0 200 400
Figure 4: NRCS Soil Survey
Kimley>>)Horn Laurel Hills Road Site
Raleigh, Wake County, NC
November 2023
L r W

AGENT AUTHORIZATION FORM
Name: VA 4,U 6,w as
Address: -7OD ( Wei4o F► C'+ �kk_ 2--7s(3
Phone: 5' l `t — 6S 6 — (Z'� I
Project Name/Description: Laurel Hills Road Site
Date: is) il2lZozl
The Department of the Army
U.S. Army Corps of Engineers, Wilmington District
Attention: Lyle Phillips
Field Office: Raleigh Reeulatory Field Office
Re: Wetland Related Consulting and Permitting
To Whom It May Concern:
Baker Residential of the Carolinas, LLC hereby designates and authorizes Kimley-Horn and
Associates, Inc. to act in my/our behalf as my/our agent solely for the purpose of processing
Jurisdictional Determinations, Section 404 permits/Section 401 Water Quality Certifications
applications, and Jordan Lake Water Supply Watershed Riparian Buffer Determinations, and to furnish
upon request supplemental information in support of applications, etc. from this day forward until
successful completion of the permitting process or revocation by the owner.
In addition, 1, the undersigned, a duly authorized optionce of record of the property/properties identified
herein, do authorize representatives of the Wilmington District, U.S. Army Corps of Engineers (Corps)
to enter upon the property herein described for the purpose of conducting on -site investigations and
issuing a determination associated with Waters of the U.S. subject to Federal jurisdiction under Section
404 of the Clean Water Act and/or Section 10 of the Rivers and Harbors Act of 1899.
Authorized this the 1 2- day of Oc,%4*-v— , 2-o2-
Responsible Party's Name Ilesponsible Party's Signature
Cc: Rick Trone
NC Division of Water Resources
401 & Buffer Permitting Unit
1650 Mail Service Center
Raleigh, NC 27699-1650

Kimley»>Horn
November 20, 2023
Mr. Lyle Phillips
U.S. Army Corps of Engineers
Raleigh Regulatory Field Office
3331 Heritage Trade Drive, Suite 105
Wake Forest, North Carolina 27587
Mr. Zach Thomas
NC Division of Water Resources
401 & Buffer Permitting Unit
3800 Barrett Drive
Raleigh, NC 27609
RE: Nationwide Permit 18 Application — Laurel Hills Townhomes Project
Raleigh, Wake County, North Carolina
Dear Mr. Phillips and Mr. Thomas:
On behalf of our client, Baker Residential of the Carolinas, LLC, Kimley-Horn is submitting the
attached application for authorization under Nationwide Permit (NWP) 18 for minor discharges
for the above referenced project in Raleigh, Wake County, INC.
Kimley-Horn delineated the project on August 26, 2021 and identified one perennial stream
(S1), subject to 50' Neuse River Basin (NRB) riparian buffers, and one wetland (W1) within
the project study area (Figure 3 attached). The U.S. Army Corps of Engineers (USACE)
issued a delineation concurrence for the project (SAW-2021-02249) via email on November
1, 2021 and Joseph Myers of the North Carolina Division of Water Resources (NCDWR)
issued a Buffer Determination Letter (NBRRO# 21-368) on December 6, 2021.
The Site is located generally northwest of downtown Raleigh. Topography within the Project
generally slopes from west to east, ranging from approximately 405 to 330 feet above mean
sea level. The Project was originally able to fully avoid stream/wetland impacts and only
resulted in "allowable" impacts to NRB riparian buffers. Documentation was submitted to
USACE and NCDWR accordingly in November 2022. Project development of the single-family
residential townhomes is currently under construction. The majority of the project, including
grading associated with internal roadways, parking, and stormwater control measures, and
utility connections have been established. However, during the course of construction of the
Project, it was discovered that topography in the vicinity of wetland W1 was not allowing for
positive drainage from the proposed stormwater pond, and the engineering team determined
that the layout and size of the stormwater pond needed to be modified. Based on the steep
slopes surrounding the stormwater pond, the only way to reorient and expand the stormwater
pond will result in unavoidable impacts to the upper edge of wetland W1. While the majority
of W1 is being avoided, based on the limitations of site topography, unavoidable impacts to
0.003 acre of W1 are now proposed to facilitate the realignment/expansion of the stormwater
pond.
Compensatory mitigation is not proposed as part of this permit application due to minimal
permanent impacts to wetlands (<O.10 acre) resulting from the proposed project.

Kimley»>Horn
Page 2
To assist in your review of this NWP application, the following information has been included:
• ePCN Application Form
• Signed Agent Authorization Form
• Project Figures
• USACE Delineation Concurrence Email (SAW-2021-02249)
• NCDWR Buffer Determination Letter (NBRRO# 21-368)
• Original No Permit Required/Deemed Allowable Documentation
• Permit Impact Drawings
• Site Plans
• NCDWR 401 Application Fee $323
If you need any additional information to assist in your review of this NWP application, feel
free to contact me at [phone] or [e-mail].
Sincerely,
Emma Radford, WPIT, CA
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