20231420 Ver 1_ePCN Application_20231016

i DWR
Division of Water Resources
Pre -Construction Notification (PCN) Form
For Nationwide Permits and Regional General Permits
(along with corresponding Water Quality Certifications)
October 2, 2023 Ver 4.3
Initial Review
Has this project met the requirements for acceptance in to the review process?
Yes No
Is this project a public transportation project?*
Yes No
Change only If needed.
Pre -Filing Meeting Date Request was submitted on:
9/13/2023
Does this project involve maintenance dredging funded by the Shallow Draft Navigation Channel Dredging and Aquatic Weed Fund or involve the distribution or transmission of energy or
fuel, including natural gas, diesel, petroleum, or electricity?
Yes No
BIMS # Assigned
Version# *
20231420
1
Is a payment required for this project?*
No payment required
What amount is owed?*
Fee received
$240.00 $570.00
Fee needed - send electronic notification
$323.00 $767.00
Reviewing Office*
Select Project Reviewer*
Raleigh Regional Office - [phone]
Zachary Thomas:zachary.thomas
Information for Initial Review
la. Name of project:
Yardly Buffaloe Village
1a. Who is the Primary Contact?*
Kevin C Martin
1b. Primary Contact Email: *
[e-mail]
Date Submitted
10/16/2023
Nearest Body of Water
Nauss River
Basin
Neuse
Water Classification
C-NSW
Site Coordinates
.................................
Latitude: Longitude:
35.840324-78.513905
A. Processing Information
Is this project connected with ARPA funding?
Yes No
County (or Counties) where the project is located:
Wake
1c. Primary Contact Phone: *
[phone]
O
Is this a NCDMS Project
Yes No

Is this project a public transportation project?*
Yes No
1a.Type(s)of approval sought from the Corps:
Section 404 Permit (wetlands, streams and waters, Clean Water Act)
Section 10 Permit (navigable waters, tidal waters, Rivers and Harbors Act)
Has this PCN previously been submitted?*
Yes
No
1b. What type(s) of permit(s) do you wish to seek authorization?
Nationwide Permit (NWP)
Regional General Permit (RGP)
Standard (IP)
1c. Has the NWP or GP number been verified by the Corps?
Yes No
Nationwide Permit (NWP) Number: 29 - Residential Developments
NWP Numbers (for multiple NWPS):
1d. Type(s) of approval sought from the DWR:
401 Water Quality Certification - Regular
Non-404 Jurisdictional General Permit
Individual 401 Water Quality Certification
401 Water Quality Certification - Express
Riparian Buffer Authorization
le. Is this notification solely for the record because written approval is not required?
For the record only for DWR 401 Certification: Yes No
For the record only for Corps Permit: Yes No
1f. Is this an after -the -fact permit application? *
Yes No
1g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts?
Yes No
1g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts?
Yes No
1h. Is the project located in any of NC's twenty coastal counties?
Yes No
1j. Is the project located in a designated trout watershed?
Yes No
B. Applicant Information
1d. Who is applying for the permit?
Owner Applicant (other than owner)
le. Is there an Agent/Consultant for this project?
Yes No
2. Owner Information
2a. Name(s) on recorded deed:
Joyce S Miles,Teresa Vogt Hunt, & Stephen Vogt
2b. Deed book and page no.:
2c. Contact Person:
Joyce Miles

2d. Address
Street Address
P.O. Box 513
Address Line 2
city
Knightdale
Postal / Zip Code
27545
2e. Telephone Number:
[phone]
2g. Email Address:*
[e-mail]
3. Applicant Information (if different from owner)
3a. Name:
TM BTR of Carolinas LLC, Attn. Megan Ledbetter
3b. Business Name:
3c. Address
Street Address
11405 N Community House Road, Suite 150
Address Line 2
city
Charlotte
Postal / Zip Code
28277
3d. Telephone Number:
[phone]
3f. Email Address:*
[e-mail]
4. Agent/Consultant (if applicable)
4a. Name:
Kevin C Martin
4b. Business Name:
S&EC, PA
4c.Address
Street Address
8412 Falls of Neuse Rd., Ste. 104
Address Line 2
City
Raleigh
Postal / Zip Code
27615
4d. Telephone Number:
[phone]
4f. Email Address:*
[e-mail]
C. Project Information and Prior Project History
1. Project Information
1b. Subdivision name:
(if appropriate)
1c. Nearest municipality / town:
Raleigh
2. Project Identification
State / Province / Region
NC
Country
USA
2f. Fax Number:
State / Province / Region
NC
Country
USA
3e. Fax Number:
State / Province / Region
NC
Country
USA
4e. Fax Number:
O

2a. Property Identification Number:
1746410189&1746308877
2c. Project Address
Street Address
5221 & 5225 Forestville Rd.
Address Line 2
city
Raleigh
Postal / Zip Code
27603
3. Surface Waters
3a. Name of the nearest body of water to proposed project:"
Neuse River
3b. Water Resources Classification of nearest receiving water:'
C-NSW
3c. What river basin(s) is your project located in?
Neuse
3d. Please provide the 12-digit HUC in which the project is located.
030202010704
4. Project Description and History
2b. Property size:
37.1
State / Province / Region
NC
Country
USA
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 site is mostly wooded however there are 2 single family residences and small agricultural fields within the project area. Surrounding area is either undeveloped or residential.
4b. Have Corps permits or DWR certifications been obtained for this project (including all prior phases) in the past?
Yes No Unknown
4f. List the total estimated acreage of all existing wetlands on the property:
0.1395
4g. List the total estimated linear feet of all existing streams on the property:
596
4h. Explain the purpose of the proposed project: *
To allow for development of the site for a public roadway along with private roadways internal to the site. 6 commercial lots, 222 residential units, and associated improvements are
proposed.
41. Describe the overall project in detail, including indirect impacts and the type of equipment to be used:
Grading equipment typically utilized for residential construction in the piedmont of Nc will be utilized. Indirect impacts are not anticipated.
5. Jurisdictional Determinations
5a. Have the wetlands or streams been delineated on the property or proposed impact areas?*
Yes No
Comments:
Northern portion has a confirmed Jd, southern portion JD was submitted in July 2023 and has not
been confirmed yet
5b. If the Corps made a jurisdictional determination, what type of determination was made?
Preliminary Approved Not Verified Unknown N/A
Corps AID Number:
SAW-2021-02043 (northern) & SAW-2023-01446 (southern)
5c. If 5a is yes, who delineated the jurisdictional areas?
Name (if known): Kevin C Martin
Agency/Consultant Company: S&EC, PA
Other:
O Unknown
5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made by the Corps or DWR
Northern Portion: Corps 11/1/2021
DWR 9/16/2019
Southern Portion: DWR 6/2/2022
6. Future Project Plans

6a. Is this a phased project?"
Yes O No
6b. If yes, explain.
The initial subdivision plan that will be permitted and have the impacts will include public roadway along with private roadways internal to the site.
Are any other NWP(s), regional general permit(s), or individual permits(s) used, or intended to be used, to authorize any part of the proposed project or related activity?
buildout will include 6 commercial lots, 222 residential units, and associated improvements. The phased buildout is not anticipated to have any environmental impacts beyond what is
included with the current Subdivision Plan.
D. Proposed Impacts Inventory O
1. Impacts Summary
1a. Where are the impacts associated with your project? (check all that apply):
Wetlands Streams -tributaries p Buffers
Open Waters Pond Construction
2. Wetland Impacts
Reason (?)
Lot fill
2b. Impact type* (')
P
2c. Type of W."
Headwater Forest
2d. W. name
W1, LW12&3
2e. Forested"
Yes
2f. Type of Jurisdicition *
(?)
Both
2g. Impact
area
0.074
(acres)
lot fill
P
Headwater Forest
W2
Yes
Both 1�=]_
2g. Total Temporary Wetland Impact 2g. Total Permanent Wetland Impact
0.000 0.114
2g. Total Wetland Impact
0.114
21. Comments:
Impact W2 is assumed to be jurisdictional since our JD has not been verified by the Corps. Based on previous conversations with Lyle Phillips of the
Corps he may decide that this wetland is not jurisdictional because it is immediately upstream of an offsite SCM, if he does them impacts would fall
below 0.1 acres and wetland mitigation would not be required for the project. This conversation took place prior to the May 2023 Supreme Court decision
on wetlands so it is even more likely now that the wetland is not jurisdictional.
6. Buffer Impacts (for DWR)
6a. Project is in which protect basin(s)?
Check all that apply.
Neuse Tar -Pamlico
Catawba Randleman
Goose Creek Jordan Lake
Other
6b. Impact Type _716c.
Per or Temp
6d. Stream name
6e. Buffer mitigation required?
6f. Zone 1 impact
6g. Zone 2 impact
Road Crossing
P
S1b
No
330
2,245
6h. Total buffer impacts:
Zone 1 Zone 2
Total Temporary impacts: 0.00 0.00
Zone 1 Zone 2
Total Permanent impacts: 330.00 2,245.00
Zone 1 Zone 2
Total combined buffer impacts: 330.00 2,245.00
6i. Comments:
E. Impact Justification and Mitigation 8

1. Avoidance and Minimization
la. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project:
Retaining walls have been utilized to avoid stream impacts and to minimize wetland and buffer impacts.
1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:
Silt fence, tree protection fencing, sediment basins, inlet protection, concrete washouts, construction entrances will be employed during project
construction
2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State
2a. Does the project require Compensatory Mitigation for impacts to Waters of the U.S. or Waters of the State?
Yes No
2c. If yes, mitigation is required by (check all that apply):
D W R Corps
2d. If yes, which mitigation option(s) will be used for this project?
Mitigation bank Payment to in -lieu fee program Permittee Responsible Mitigation
3. Complete if Using a Mitigation Bank
3a. Name of Mitigation Bank:
Falling Creek Umbrella Mitigation Bank
3b. Credits Purchased/Requested (attach receipt and letter)
Type: Quantity:
Riparian wetland 0.23ac
3c. Comments
As mentioned above, mitigation may not be required for the project if during the processing of the application, the Corps determines that wetland #2 is
not jurisdictional.
F. Stormwater Management and Diffuse Flow Plan (required by DWR)
1. Diffuse Flow Plan
la. Does the project include or is it adjacent to protected riparian buffers identified within one of the NC Riparian Buffer Protection Rules?
Yes No
What type of SCM are you providing?
Level Spreader
Vegetated Conveyance (lower SHWT)
Wetland Swale (higher SHWT)
Other SCM that removes minimum 30 % nitrogen
Proposed project will not create concentrated stormwater flow through the buffer
2. Stormwater Management Plan
2a. Is this a NCDOT project subject to compliance with NCDOT's Individual NPDES permit NCS000250?
Yes No
2b. Does this project meet the requirements for low density projects as defined in 15A NCAC 02H .1003(2)?
Yes No
2c. Does this project have a stormwater management plan (SMP) reviewed and approved under a state stormwater program or state -approved local government stormwater program?
Yes No
N/A - project disturbs < 1 acre
2d. Which of the following stormwater management program(s) apply:
Local Government State
Local Government Stormwater Programs
Phase II NSW USMP Water Supply
Please identify which local government Stormwater program you are using.
City of Raleigh
Comments:
G. Supplementary Information
a
1. Environmental Documentation

1a. Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federal/state) land? *
Yes No
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), or DWR Surface Water or Wetland Standards or
Riparian Buffer Rules (15A NCAC 2B .0200)? *
Yes No
3. Cumulative Impacts (DWR Requirement)
3a. Will this project result in additional development, which could impact nearby downstream water quality? *
Yes No
3b. If you answered "no," provide a short narrative description.
We have reviewed the "Draft Internal Policy, Cumulative impacts and the 401 Water Quality Certification and
Isolated Wetlands Programs' document prepared by the NC Division of Water Quality on April 10, 2004, version
2.1. The draft states that many private developments are unlikely to cause cumulative impacts, including
projects such as urban in -fill, most residential subdivisions and small commercial developments as well as
agricultural and silvicultural operations. The Yardly Buffaloe Village project is a residential development. Additionally, the
project is located within the City of Raleigh jurisdiction, therefore the adjacent properties that have potential for
development will have the following regulations to protect downstream waters: the Neuse River Basin Riparian
Buffer Protection regulations, these regulations require limited development within the riparian buffer area, in
addition Best Management Practices may be required that control nitrogen if diffuse flow cannot be achieved; the
Water Supply, Watershed Protection Program which limits development densities as well as requires protective
riparian buffers; We anticipate that the DWR will advise us if any additional information is needed.
4. Sewage Disposal (DWR Requirement)
4a. Is sewage disposal required by DWR for this project?
Yes No N/A
4b. 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.
All sanitary sewer discharge will be sent to City of Raleigh treatment plant. A sewer analysis was prepared for the project and submitted to City of
Raleigh to confirm capacity.
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?*
Yes No
5b. Have you checked with the USFWS concerning Endangered Species Act impacts?
Yes No
5c. If yes, indicate the USFWS Field Office you have contacted.
Raleigh
5d. Is another Federal agency involved?*
Yes No Unknown
5e. Is this a DOT project located within Division's 1-8?
Yes No
5f. Will you cut any trees in order to conduct the work in waters of the U.S.?
Yes No
5g. Does this project involve bridge maintenance or removal?
Yes No
5h. Does this project involve the construction/installation of a wind turbine(s)?*
Yes No
5i. Does this project involve (1) blasting, and/or (2) other percussive activities that will be conducted by machines, such as jackhammers, mechanized pile drivers, etc.?
Yes No
5j. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat?
S&EC, PA reviewed the referenced project using the USFWS North Carolina Field Office's online project review process and have followed all guidance
and instructions in completing the review. We completed our review September 27, 2023 and submitted our project review package on 10/6/23 in
accordance with the instructions for further review (see attached S&EC T&E report)
6. Essential Fish Habitat (Corps Requirement)
6a. Will this project occur in or near an area designated as an Essential Fish Habitat?*
Yes No

6b. What data sources did you use to determine whether your site would impact an Essential Fish Habitat? *
The NOAA Habitat Conservation/Habitat Protection: National Marine Fish Service; Essential Fish Habitat Mapper website was referenced. No Essential
Fish Habitat was identified near the project.
7. Historic or Prehistoric Cultural Resources (Corps Requirement)
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?
Yes No
7b. What data sources did you use to determine whether your site would impact historic or archeological resources? *
The NC State Historic Preservation Office HPOWEB GIS Service interactive map was referenced on September 15th, 2023, no historic listings or study
list entries or determined eligible listings were identified within the property boundaries. See attached project report
8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA-designated 100-year floodplain? *
Yes No
8c. What source(s) did you use to make the floodplain determination?
Wake County GIS and FEMA FIRM panel
Miscellaneous
Please use the space below to attach all required documentation or any additional information you feel is helpful for application review. Documents should be combined into one file when
possible, with a Cover Letter, Table of Contents, and a Cover Sheet for each Section preferred.
Click the upload button or drag and drop files here to attach document
DWR prefiling notice reciept conf.pdf
606.68KB
DWR prefiling request Yardley Bufaloe.pdf
656.72KB
SHPO project _report _foresville_buffalo _48168_48168.pdf
1.08MB
Yardly Buffalos Village_Environmental Impacts_Full Buildout.pdf
1.49MB
S&EC Yardly Buffaloe T&E Report Signed.pdf
5.34MB
5221 5225 Forestville Rd. JD Request.pdf
10.83MB
signed 5225 Forestville rd Agent Authorization_1746410189.pdf
259.02KB
signed 5221 forestville rd Agent Authorization_1746308877.pdf
257.85KB
Wetland survey KV94.800_Miles Property_Wetlands_signed 6-15-23.pdf
1.84MB
DWR buffer Letter 5221 & 5225 Forestville Rd.pdf
2.85MB
Corps email confirmation of delineation.pdf
50.43KB
AJD Map_Updated.pdf
7.9MB
Buffaloe_Forestville SE DWR Ietter.pdf
19.31MB
File must be PDF or KMZ
Comments
Signature
By checking the box and signing below, I certify that:
• The project proponent hereby certifies that all information contained herein is true, accurate, and complete to the best of my knowledge and belief'; and
• 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 have given true, accurate, and complete information on this form;
• I agree 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");
• I agree to conduct this transaction by electronic means pursuant to Chapter 66, Article 40 of the INC 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 PCN form.
Full Name:
Kevin C Martin
Signature
&- �Wwor
Date
10/16/2023
O