20231474 Ver 1_Cover Letter Legacy Station_Modification_20240207

%0 WithersRavenel
NoOur People. Your Success.
February 7, 2024
US Army Corps of Engineers
Raleigh Regulatory Field Office
Mr. Chris Hopper
3331 Heritage Trade Drive
Suite 105
Wake Forest, NC 27587
NC -Division of Water Resources
401 & Buffer Permitting Unit
Ms. Stephanie Goss
1617 Mail Service Center
Raleigh, NC 27699
Re: Legacy Station - NWP's 29 & 18 Modification for Redesigned Road Crossings
Apex, Wake County
USACE AID: SAW-2020-02133
WR Project #02200685.00
Dear Mr. Hopper and Ms. Goss,
On behalf of Goldberg Companies Inc., WithersRavenel (WR) is submitting this modification to the
authorization request sent to the USACE and NCDWR on 10/30/2023. WR is requesting to use
NWP's 18 and 29 for 0.296 acres of permanent wetland impacts and 387 If (0.014 ac) of
permanent stream impacts for construction of a multi -family residential development. We are also
requesting a 401 WQC from NCDWR for the above referenced impacts.
The following table presents the proposed impacts:
Proposed Impact Table
Feature
Type of Impact
Impact Area
LF
SF
AC
NWP 29 Impacts
Stream
Permanent (Functional Loss)
284
410
0.009
Stream
Permanent (No Functional Loss)
102.6
193
0.005
Stream
Temporary
24.2
37
0.003
Stream Totals
410.8
640
0.017
Wetland
Permanent
-
12,886
0.272
Wetland
Temporary
-
1,069
0.025
Wetland Totals
-
13,955
0.297
NWP 18 Impacts
Wetland
Permanent
-
1,034
0.024
Wetland Totals
-
1,034
0.024
Because impacts for SCM grading are proposed, an NWP 29 cannot be used for the entire project,
therefore WR is requesting the impacts for the SCM grading (Impact W16) be authorized under
an NWP 18 and the remaining impacts for construction be authorized under NWP 29. The
proposed total permanent impacts to jurisdictional waters are 0.305 acres (see table below) The
proposed total permanent impacts to jurisdictional waters requested are less than 0.5 acres.
Therefore, the proposed impacts are eligible for authorization under a combination of NWPs 18 &
29.
115 MacKenan Drive I Cary, NC 27511
t: 910.469.3340 1 www.withersravenel.com I License No. F-1479
Asheville I Cary I Charlotte I Greensboro I Pittsboro I Raleigh I Southern Pines I Wilmington

Legacy Station
Apex, Wake Co.
NWP's 29 & 18 PCN Submittal
4: WithersRavenel
Qur People. Your Success.
Type of Impact
Impact Area (ac)
Stream Permanent (Functional Loss)
0.009
Wetlands
0.296
Totals
0.305
The proposed project consists of the construction of a multi -family residential development and
associated infrastructure (roads, sidewalks, open recreational space, amenities, utilities,
stormwater management, etc.).
The proposed Legacy Station residential development consists of a ± 60.97-acre site (PINS:
0712949922, 0722041522, 0722031218, and 0722047141) located at 3609 US 64 HWY W,
Apex, Wake County (Lat: 35.742086;-78.932688).
The project is in the Cape Fear River basin (HUC: 030300020609) and onsite waters drain to
Reedy Branch. The Water Quality Classification for Reedy Branch is: WS-IV;NSW and the Stream
Index Number is: 16-41-10-1.
Proposed Proiect
The purpose of the proposed project is to construct a multi -family residential subdivision to meet
the existing and growing demand for housing in Wake County.
The project consists of the construction of the following:
Six multi -family residential buildings (apartments)
Amenities including dog park, community gathering space, tot lot, electric vehicle charging
stations, and greenways
Construction of infrastructure (roads, utilities, stormwater management, etc.)
The proposed design for the primary access roads and an internal road will result in three stream
crossings, impacts for a SCM, a greenway trail, and areas of grading. Riprap dissipators will be
constructed below the culverts to dissipate flow velocity to prevent erosion and sedimentation of
the streams. The project is to be constructed in five phases and proposed impacts for the entire
project are being requested at this time.
Proiect History
WR conducted a delineation of the wetlands, streams, and riparian buffers in October 2020. Please
see attached Approved Wetland/Buffer Delineation Exhibit.
The USACE issued a delineation concurrence email on February 4, 2021. Please see attached
delineation concurrence email.
WR submitted a PCN application for NWP's 29 and 18 on October 30, 2023.
WR received a Request for Additional Information from the USACE on November 11, 2023.
Because the project was being redesigned to reduce impacts, it was agreed with the USACE and
NCDWR that the project would be put on hold with both agencies while the redesign was taking
place.
Page 2 of 7

Legacy Station
Apex, Wake Co.
NWP's 29 & 18 PCN Submittal
Proposed Impacts
k0 VIM a
0.024 acres of permanent wetland impacts (Impact W16).
11: WithersRavenel
Our PeoP.e. Your SLZCe55.
Impacts to Wetland A are proposed to install SCM 1 (Impact W16). Wetland A is located along
Stream 2, which bisects the middle of the site.
►�' A
0.286 acres of permanent impacts for the following:
• Permanent Stream Impacts - 0.014 acres/386.6
o Functional Loss - 0.009 acres/284 If
o No Functional Loss - 0.005 acres/102.6 If
• Permanent Wetland Impacts - 0.272 acres
• Temporary Stream Impacts - 0.003 acres/24.2 If
• Temporary Wetland Impacts - 0.025 acres
Proposed permanent impacts for road crossings are necessary for the installation of three
crossings required to reach developable uplands and provide site connectivity. Additional impacts
are proposed for grading to construct Transit Trail, building pad grading, and grading for SCM 1.
Temporary stream and wetland impacts are necessary for construction access and dewatering at
proposed road crossings. Proposed permanent impacts for construction of the subdivision and
infrastructure have been reconfigured and redesigned from the original application submittal in
October 2023. Total permanent stream impacts have been reduced by 162 linear feet and
permanent wetland impacts have been reduced by 0.071 acres. These reductions in impacts are
due to reconfiguring the three road crossings to reduce buffer impacts. Mitigating buffer impacts
was not possible due to the lack of feasible mitigation options in the HUC where the project is
located. The only option the applicant had was to work with the Town to utilize retaining walls.
The use of retaining walls resulted in shorter culverts and less permanent impacts overall.
The proposed road Transit Trail is part of Apex's future transportation plan as a connector road
between HWY 64 and Olive Chapel Road. Apex is requiring the applicant to build a portion of
Transit Trail as part of this project to provide access to the proposed project. Stream 2 bisects the
site west to east requiring Transit Trail to cross the stream with a 95'x72" RCP culvert with
retaining walls (Impacts S4, S5, S6, W6, W7, W8, and W9). The culvert will be buried a minimum
of 12" below the stream bed. A riprap dissipator will be installed below the culvert to prevent
erosion and sedimentation of downstream waters. The riprap will be installed by burying the riprap
such that the top of the riprap matches the pre -construction contours allowing for the passage of
aquatic life. The proposed Transit Trail parallels the eastern site boundary between Pond 1 and
wetlands making some wetland impacts unavoidable.
Two additional road crossings are proposed to provide internal site connectivity. Because Stream
2 bisects the entirety of the site, approximately half of the site is located on each side of the
stream. To provide interconnectivity and proper access to both site halves to Transit Trail, two
additional road crossings are required. The first of these two crossings are for Bellerive Place
providing egress and ingress for the northern development to Transit Trail. Bellerive Place is
proposed to cross the intermittent Stream 1 (Impacts S7, S8, S9, W12, W13, and W14)
perpendicularly at a location that allowed for the shortest culverts possible to minimize stream
impacts. An 8'x48" RCP culvert with retaining walls is proposed which will be buried a minimum
Page 3 of 7

Legacy Station 40 W i t h e rs Ra ve n e l
Apex, Wake Co. NO
NWP's 29 & 18 PCN Submittal �� F��,p-e ��� s >;.
of 20% of culvert diameter below the stream bed. A riprap dissipator will be installed below the
culvert to prevent erosion and sedimentation of downstream waters. The riprap will be installed
by burying the riprap such that the top of the riprap matches the pre -construction contours
allowing for the passage of aquatic life.
A third stream and wetland crossing is proposed near the center of the site (Impacts S1, S2, S3,
W2, W3, W4, and W5). Calusa Court is proposed to cross Stream 2 perpendicularly with a 58'x60"
culvert with retaining walls. Calusa Court is necessary to provide internal access to the amenities
without having to access Transit Trail. Since Transit Trail will be a public road which will eventually
connect to Olive Chapel Road, internal access is necessary to reduce the overall traffic on Transit
Trail. Additionally, internal access is necessary to meet emergency management requirements for
multiple points of access to the development for emergency vehicles in the event of an emergency.
The culvert is proposed to be buried a minimum of 12" of the culvert diameter to allow for aquatic
life passage. A riprap dissipator will be installed below the culvert to prevent erosion and
sedimentation of downstream waters. The riprap will be installed by burying the riprap such that
the top of the riprap matches the pre -construction contours. Impacts to Wetland B are proposed
for this crossing to achieve proper grade and install the culvert.
An impact to Wetland B is proposed for grading in order to construct Building 5 (Impact W1).
Wetland B extends from the center of the site towards Stream 2 as a long, narrow finger. Even if
the site had been designed to avoid direct impacts to Wetland B, all runoff would be directed away
from Wetland B and into the stormwater management system, thereby eliminating the drainage
basin and hydrologic source for Wetland B, rendering it secondarily impacted.
In the southeastern corner of the site, a 10' greenway trail is proposed that will provide access
from the proposed development to the existing American Tobacco Trail. The proposed greenway
crosses the long, narrow wetland with a 49'x36" culvert (Impact W10). 0.008 acres of temporary
wetland impacts are proposed for the greenway crossing (Impact W11). The culvert will provide
hydrologic connectivity for Wetland F. The greenway will be in a Town of Apex easement and the
Town of Apex public sewer outfall will be located underneath it and/or immediately adjacent to it.
The culverted crossing is required to enable Town utility service vehicles to maintain appropriate
sewer service access to the downstream side of the sewer outfall. This is the best, and the only
paved, maintenance access to the downstream crossing, which is an aerial crossing on the NC Rail
property (American Tobacco Trail).
During construction of the culverted stream crossings work will be completed "in the dry" by
constructing temporary coffer dams upstream and downstream of the culverts within the impact
areas and pumping flow around the construction area. Upon completion of construction, all
temporarily impacted streams will be restored to pre -construction contours and the banks will be
stabilized using a biodegradable matting and seeded with a riparian seed mix. No matting will be
placed on the stream beds. Additionally, all temporarily impacted wetlands will be restored to
natural grade and seeded with a wetland seed mix to provide temporary stabilization until natural
revegetation permanently stabilizes these areas.
Riparian Buffer impacts will be permitted by the Town of Apex as the delegated municipality.
Avoidance and Minimization
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.
Page 4 of 7

Legacy Station 40 W i t h e rs Ra ve n e l
Apex, Wake Co. NO
NWP's 29 & 18 PCN Submittal �� F��,p-e ��� s >;.
Proposed permanent impacts for construction of the subdivision and infrastructure have been
reconfigured and redesigned from the original application submittal in October 2023. Total
permanent stream impacts have been reduced by 162 linear feet and permanent wetland impacts
have been reduced by 0.071 acres. These reductions in impacts are due to reconfiguring the three
road crossings to reduce buffer impacts. Mitigating buffer impacts was not possible due to the lack
of feasible mitigation options in the HUC where the project is located. The only option the
applicant had was to work with the Town to utilize retaining walls. The use of retaining walls
resulted in shorter culverts and less permanent impacts overall. The remaining impacts are only
those necessary for construction of three road crossings to access developable uplands within the
site and provide necessary site connectivity, a greenway crossing, and necessary grading.
The proposed road Transit Trail will provide site access from HWY 64 site access to both sides of
Stream 2. Stream 2 bisects the entire site west to east making impacts for a road crossing
unavoidable. Additionally, road grading to construct Transit Trail requires wetland impacts of
Wetland C. The proposed Transit Trail parallels the eastern site boundary between Pond 1 and
wetlands making some wetland impacts unavoidable for proper road grading. The applicant has
elected to retain the existing pond and impacts to the pond have been avoided entirely. Retaining
walls have been utilized to the maximum extent to reduce impacts.
Two additional road crossings are proposed to provide site connectivity. Because Stream 2 bisects
the entirety of the site, approximately half of the site is located on each side of the stream. To
provide within -site connectivity and proper access to both site halves to Transit Trail, the two
internal road crossings are necessary. Calusa Court and Bellerive place are necessary for inner site
connectivity and to prevent vehicles from needing to drive on Transit Trail to move within the
overall site.
The first of these two crossings are for Bellerive Place providing egress and ingress for the
northern development to Transit Trail. Bellerive Place is proposed to cross the intermittent Stream
1 perpendicularly at a location that allowed for the shortest culverts possible to minimize stream
impacts. Retaining walls have been utilized to the maximum extent to reduce impacts. Stream 1
runs parallel to the proposed Transit Trail making impacts unavoidable to construct Bellerive Place.
Shifting the proposed crossing would have resulted in additional wetland impacts. The crossing
was designed to cross Stream 1 where a gap exists between Wetlands C and B. A riprap dissipator
will be installed below the culvert to prevent erosion and sedimentation of downstream waters.
The riprap will be installed by burying the riprap such that the top of the riprap matches the pre -
construction contours allowing for the passage of aquatic life.
A third stream and wetland crossing are proposed near the center of the site. Calusa Court is
proposed to cross Stream 2 perpendicularly with a culvert. Calusa Court is necessary to provide
access between both halves of the site across Stream 2. Retaining walls have been utilized to the
maximum extent to reduce impacts. A riprap dissipator will be installed below the culvert to
prevent erosion and sedimentation of downstream waters. The riprap will be installed by burying
the riprap such that the top of the riprap matches the pre -construction contours. Impacts to
Wetland B are proposed for this crossing to achieve proper grade and install the culvert and
impacts to the wetland are unavoidable due to the wetlands location adjacent to Stream 2.
An impact to Wetland B is proposed for grading to construct Building 5. Wetland B extends from
the center of the site towards Stream 2 as a long, narrow finger and its location makes complete
avoidance impractical.
Page 5 of 7

Legacy Station ■ 0 W i t h e rs Ra ve n e l
Apex, Wake Co. No
NWP's 29 & 18 PCN Submittal fur PeopleY-ur Success. .
In the southeastern corner of the site, a 10' greenway trail is proposed that will provide access
from the proposed development to the existing American Tobacco Trail. The proposed greenway
crosses the long, narrow wetland F with a 49'x36" culvert. The culvert will provide hydrologic
connectivity for Wetland F. The proposed greenway is designed to be located within the sanitary
sewer easement which dictates the route it follows before ultimately connecting with the
American Tobacco Trail. In order to be located within the easement and make the connection to
the existing trail, the long narrow Wetland F crossing could not be avoided. Locating the trail
connection north prior to the wetland would have resulted in stream impacts and a conflict with
an existing culvert under the American Tobacco Trail. Additionally, the crossing must allow for
maintenance vehicle access to maintain a sewer line located within the easement ruling out the
use of a small bridge or boardwalk.
Lastly, impacts to Wetland A are proposed to install SCM 1. Wetland A is located along Stream 2,
which bisects the middle of the site. The SCM is sited for proper operation and stormwater control
making its location necessary. Wetland A was avoided to the greatest extent possible to minimize
impacts to the overall wetland.
Upon completion of construction of the road crossings, the temporary coffer dams will be removed
and the temporarily impacted areas restored to natural grade. The stream banks will be lined with
biodegradable matting and temporarily 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.
Access during construction will occur within the uplands. Additionally, sediment and erosion
control measures will be installed prior to construction.
Mitigation
Stream Mitigation
The proposed project will result in less than 0.02 acres of permanent stream impacts; therefore,
no stream mitigation is proposed.
Wetland Mitigation
The proposed project will result in 0.296 acres of permanent wetland impacts that require
mitigation. The applicant proposes to mitigate for 0.296 acres at a 2:1 mitigation ratio resulting in
the provision of 0.592 acres of wetland mitigation. WithersRavenel contacted mitigation banks
that service the Cape Fear 03030002 basin to determine availability of wetland mitigation credits.
A Statement of Availability letter from Wildlands for 0.60 acres of wetland mitigation has been
provided as an attachment.
Stormwater Management Plan
The stormwater management plan consists of three SCM's, two wet ponds and a bioretention cell
(biocell). The stormwater management plan will be reviewed and approved by the Town of Apex
as the certified local municipality.
Page 6 of 7

Legacy Station
Apex, Wake Co.
NWP's 29 & 18 PCN Submittal
4: WithersRavenel
Our People. Ycur Success.
Please feel free to contact me if you have questions or require additional information to complete
your review.
Sincerely,
WithersRavenel
/-G-111�
Rick Trone
Environmental Scientist
Attachments:
• Revised Impact Exhibits
• Wildlands Statement of Availability for Mitigation
Page 7 of 7