20231420 Ver 1_DWR prefiling request Yardley Bufaloe_20231016

1
Kevin Martin
From:Kevin Martin
Sent:Wednesday, September 13, 2023 8:30 AM
To:[e-mail]
Subject: prefiling meeting request
Attachments:2023-09-12_Site Plan - Environmental Impacts.pdf
Contact: Kevin Martin
Contact Email Address: [e-mail]
Project Applicant: TM BTR of Carolinas LLC, Contact: Megan Ledbetter, [e-mail]
Project Name: Yardly Buffaloe Village
Project County: Wake County
Is This a Transportation Project: No
Types of Approvals Sought From DWR: 401 WQC
Types of Approvals Sought From USACE: NWP 29
Does This Project Have an Existing Project ID#: No
Name of Staff Member you Would Like to Request a Meeting with, if Necessary: No preference.
Brief Description of Proposed Project: The proposed project is located at the southeastern quadrant of
Forestville and Buffaloe Rds., Raleigh, Wake County, NC. The Project is approximately 37.53 acres. The Project
purpose is to construct a residential development with associated commercial out parcels and its necessary
infrastructure including but not limited to; buildings, parking, roadway infrastructure, SCM's, and utilities.
There is one road crossing and fill associated with construction of residential buildings. See attached overall
site plans.

1
Kevin Martin
From:Phillips, George L CIV USARMY CESAW (USA) <[e-mail]>
Sent:Monday, November 1, 2021 9:57 AM
To:Kevin Martin
Subject:SAW-2021-02043 / Buffalo/Forestville SE / 7415 Buffalo Rd / Wake County / Raleigh
NC
Attachments:Figure 3 - Sketch Map.pdf
Mr. Martin,

Based on my site visit on 10/26/2021 the Corps concurs with the delineation within the red outlined "Property
Boundary” depicted on the attached “Figure 3 – Sketch Map” exhibit. Due to workload it may take 90‐120 days for the
issuance of a written jurisdictional determination. The delineation may be used for planning and permitting purposes.
The AID for the project is SAW‐2021‐02043. I have attached the “Figure 3 – Sketch Map” for reference.

Let me know if you have any questions or 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: (919) 554‐4884, Ext. 25.
Fax: (919) 562‐0421
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.

Prepared by: JH
Aerials from NC One Map
Figure 3 - Sketch Map
10/28/2021
1" = 150'
Scale:
SB
13899.W1
Project Mgr.:
Project No.
.
!?DP1
Stream is likely to begin
B
F O RE S T VIL L E R D
BUFFALOE RD
B I R C H S H I R E D R
RANDSHIRE WAY
WILLIAM AND MARY DR
C
L
O
V
E
R
G
L
E
N

C
T
NCCGIA¯0 300 600150 Feet
Buffaloe/Forestville SE
Legend
Property Boundary
Potentially Non-Jurisdictional Ephemeral Stream
2' Contour

Detailed Delineation of Waters of the US
Suitable for Preliminary Planning Only

S&EC reserves the right to modify this map based on more fieldwork,
and any other additional information. Approximations were mapped using
topographic maps, air photos and ground truthing. If the site is going
to be disturbed, S&EC’s detailed delineation should be approved and
permitted by the U.S. Army Corps of Engineers as required. If the user of
this work desires an accurate map of the regulated features flagged by
S&EC, they should retain a NC Registered Professional Land Surveyor to
locate S&EC’s flagging.
DocuSign Envelope ID: 7222F97D-D1A0-44BE-88FD-54A647D070F6
ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
RICHARD E. ROGERS, JR.
Director
NORTH CAROLINA
Environmental Quality
June 2"d, 2022
James & Joyce Miles, James Hunt & Teresa Vogt
P.O. Box 513
Knightdale NC, 27545
Subject: Buffer Determination Letter
NBRRO #22-165
Wake County
Determination Type:
Buffer Intermittent/Perennial
Neuse 05A 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):
w .rnnDE Q
oeo.nmem m nwammw awmr
5221 & 5225 Forestville Rd
5221 & 5225 Forestville Rd, Raleigh, NC
Neuse River
North Carolina Department of Environmental Quality I Division of Water Resources
Raleigh Regional Office 1 3800 Barrett Drive I Raleigh, North Carolina 27609
919.791.4200
DocuSign Envelope ID: 7222F970-D1A0-44BE-88FD-54A647D070F6
5221 & 5225 Forestville Rd
Wake County
6/2/2022
Page 2 of 3
Determination Date: 5/25/2022 Staff: Josh Rriuham
Stream
Feature
E/UPM
Not (
Z) Subject
Subject Start@ Stop@
Soil
Survey
USGS
To o
A NP X X
Flag "start buffer
B X
B" at
approximately
Off project X X
35.840621, boundary
78.512916
C X X
D X Subject throughout X
1) E = Ephemeral, I = Intermittent, P = Perennial, NP — Not Present, NE = Not Evaluated
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 it to be subject to the buffer
rules. There may be other streams located on the property that do not show up 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 to
all other applicable North Carolina stream standards and permitting requirements as outlined in 15A NCAC 02B 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. Ifsending 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.
D E Q 4
North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 1 1611 Mad Service Center I Raleigh, North Carolina 27699-1611
NpgnGAFlrIIIW .
t
awe n m .aa.nwmi 919.707.9000
DocuSign Envelope ID: 7222F97D-D1A0-44BE-88FD-54A647D070F6
5221 & 5225 Forestville Rd
Wake County
6/2/2022
Page 3 of 3
If you have questions regarding this determination, please feel free to contact Josh Brigham at [phone].
Sincerely,
DocuSigned by:
Sc vtwsaw
BCDA9D825D4A48D...
Scott Vinson, Regional Supervisor
Water Quality Regional Operations Section
Raleigh Regional Office, Division of Water Resources, NCDEQ
cc: Laserfiche
Consultant via e-mail, Kevin Martin, S&EC, PA, kmartin,sandea.com
D E Q
North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street i 1611 Mail Service Center I Raleigh, North Carolina 27699-1611 919.707.9000
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DocuSign Envelope ID: 7222F97D-D1A0-44BE-88FD-54A647D070F6
5221 & 5225 Forestville Rd
Wake County, NC-DWR Project # 22-165
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NRCS Soil Survey Sheet 41 a ATp4 Base Map provided by S&EC
Wake CO., NC 1970 Locations are approximate
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DocuSign Envelope ID: 7222F97D-D1A0-44BE-88FD-54A647D070F6
5221 & 5225 Forestville Rd
Wake County, NC-DWR Project # 22-165
LACKA;
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NIF... NOW OR FORMERLY
PG... PAGE
PIN... PARCEL IDENTIFIER NUMBER
POB... POINT OF BEGINNING
SF... SOUAREFEET
TT... TIE TO
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0 EIR.....EXISTING IRON PIPE
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PROJECTDATA: I N/F N/F
OWNERS: ),/ STATE OF JAMES S. PRICE WETLANDS DELINEATION PROVIDED BY SSEC
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MILES AND SPOUSE JOYCE STAFFORD MILES (NCDOT)
/
JAMES DOUGLAS MILES AND SPOUSE JOYCE STAFFORD MILES \ / 8412 FALLS OF NEUSE ROAD, SUITE 104
RALEIGH, NC 27615
WAKE COUNTY PROJECT PINS I DEEDS: / \ �\ \ [phone]
PIN: 174641-0189/ DID 14595 PG 49 N/F
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FERNANDINA, LLC ' ` BOUNDARY I �NAD 6J/2m1
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UNDIVIDED INTEREST EACH
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4 OF 5

PROPERTY OWNER CERTIFICATION / AGENT AUTHORIZATION

Project Name/Description: __________________________________

The Department of the Army
U.S. Army Corps of Engineers, Wilmington District
69 Darlington Avenue
Wilmington, NC 28403

Attn: Lyle Phillips Field Office: ____________Raleigh_______________

I, the undersigned, a duly authorized owner of record of the property/properties identified
herein, do authorize representatives of the Wilmington District, U.S. Army Corps of Engineers
(Corps) and Soil & Environmental Consultants, PA (S&EC) staff, as my agent, 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. This
document also authorizes S&EC, as my agent, to act on my behalf and take all actions
necessary for the processing, issuance and acceptance of a permit or certification and any and
all associated standard and special conditions. This notification supersedes any previous
correspondence concerning the agent for this project.

NOTICE: This authorization, for liability and professional courtesy reasons, is valid only for
government officials to enter the property when accompanied by S&EC staff. You should call
S&EC to arrange a site meeting prior to visiting the site.

PARCEL INFORMATION:

Parcel Index Number(s) (PIN): _______________________________________
Site Address: ________________________________________
City, County, State: ________________________________________

PROPERTY OWNER INFORMATION (mailing address, email and phone)
Name:
Mailing Address:
Email: Phone:

______________________________ ________________________
Property Owner Name (please print) Date

Property Owner Signature

We hereby certify the above information submitted in this application is true and accurate to
the best of our knowledge.
Yardly Buffaloe Village
1746410189
5225 Forestville Rd
Raleigh, NC
PO Box 513 Knightdale, NC 27545
Joyce S Miles,Teresa Vogt Hunt, & Stephen Vogt
[e-mail] 919-749-2530
Joyce S Miles
DocuSign Envelope ID: 96D5948F-37B7-48C5-9887-B542579FF9F1
5/27/2023

PROPERTY OWNER CERTIFICATION / AGENT AUTHORIZATION

Project Name/Description: __________________________________

The Department of the Army
U.S. Army Corps of Engineers, Wilmington District
69 Darlington Avenue
Wilmington, NC 28403

Attn: Lyle Phillips Field Office: ____________Raleigh_______________

I, the undersigned, a duly authorized owner of record of the property/properties identified
herein, do authorize representatives of the Wilmington District, U.S. Army Corps of Engineers
(Corps) and Soil & Environmental Consultants, PA (S&EC) staff, as my agent, 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. This
document also authorizes S&EC, as my agent, to act on my behalf and take all actions
necessary for the processing, issuance and acceptance of a permit or certification and any and
all associated standard and special conditions. This notification supersedes any previous
correspondence concerning the agent for this project.

NOTICE: This authorization, for liability and professional courtesy reasons, is valid only for
government officials to enter the property when accompanied by S&EC staff. You should call
S&EC to arrange a site meeting prior to visiting the site.

PARCEL INFORMATION:

Parcel Index Number(s) (PIN): _______________________________________
Site Address: ________________________________________
City, County, State: ________________________________________

PROPERTY OWNER INFORMATION (mailing address, email and phone)
Name:
Mailing Address:
Email: Phone:

______________________________ ________________________
Property Owner Name (please print) Date

Property Owner Signature

We hereby certify the above information submitted in this application is true and accurate to
the best of our knowledge.
Yardly Buffaloe Village
Raleigh, NC
PO Box 513 Knightdale, NC 27545
1746308877
5221 Forestville Rd
Joyce S Miles
Joyce S Miles
[e-mail] 919-749-2530
DocuSign Envelope ID: 96D5948F-37B7-48C5-9887-B542579FF9F1
5/27/2023
Preliminary ORM Data Entry Fields for New Actions
ACTION ID #: SAW- Begin Date (Date Received):
Prepare file folder ❑ Assign Action ID Number in ORM
1. Project Name [PCN Form A2a]: 5221 & 5225 Forestville Rd (Yardly Buffalo Village)
2. Work Type: ❑✓ Private ❑ Institutional ❑ Government ❑ Commercial
3. Project Description / Purpose [PCN Form B3d and B3e]:
Unknown
4. Property Owner / Applicant [PCN Form A3 or A4]: Joyce S Miles,Teresa Vogt Hunt, & Stephen Vogt
5. Agent / Consultant [PNC Form A5 — or ORM Consultant ID Number]:
Soil & Environmental Consultants, P.A. - Kevin C. Martin
6. Related Action ID Number(s) [PCN Form B5b]: N/A
7. Project Location —Coordinates, Street Address, and/or Location Description [PCN Form Blb]:
5221 & 5225 Forestville Rd., Raleigh, Wake County, NC
(35.840324,-78.513905)
8. Project Location— Tax Parcel ID [PCN Form Bla]: 0047172, 0109904
9. Project Location — County [PCN Form A2b]: Wake
10. Project Location — Nearest Municipality or Town [PCN Form A2c]: Raleigh
11. Project Information — Nearest Waterbody [PCN Form 132a]: Neuse River 27-(22.5); C; NSW
12. Watershed / 8-Digit Hydrologic Unit Code [PCN Form 132c]: Neuse 03020201
Authorization: Section 10 ❑ Section 404 ❑✓
Regulatory Action Type:
❑ Standard Permit
Nationwide Permit #
Regional General Permit #
Jurisdictional Determination Request
Section 10 and 404 ❑
❑ Pre -Application Request
❑ Unauthorized Activity
❑ Compliance
❑ No Permit Required
Revised 20150602

urisdictional Determination Reauest
US Army Corps
of Engineers
Wilmington District
This form is intended for use by anyone requesting a jurisdictional determination (JD) from the
U.S. Army Corps of Engineers, Wilmington District (Corps). Please include all supporting
information, as described within each category, with your request. You may submit your request
via mail, electronic mail, or facsimile. Requests should be sent to the appropriate project
manager of the county in which the property is located. A current list of project managers by
assigned counties can be found on-line at:
http://www.saw.usace.LM.mil/Missions/Re ug latoiyPennitProgram/Contact/CountyLocator.aspx,
by calling 910-251-4633, or by contacting any of the field offices listed below. Once your
request is received you will be contacted by a Corps project manager.
ASHEVILLE & CHARLOTTE REGULATORY
FIELD OFFICES
US Army Corps of Engineers
151 Patton Avenue, Room 208
Asheville, North Carolina 28801-5006
General Number: [phone]
Fax Number: [phone]
RALEIGH REGULATORY FIELD OFFICE
US Army Corps of Engineers
3331 Heritage Trade Drive, Suite 105
Wake Forest, North Carolina 27587
General Number: [phone]
Fax Number: [phone]
INSTRUCTIONS:
WASHINGTON REGULATORY FIELD OFFICE
US Army Corps of Engineers
2407 West Fifth Street
Washington, North Carolina 27889
General Number: [phone]
Fax Number: [phone]
WILMINGTON REGULATORY FIELD OFFICE
US Army Corps of Engineers
69 Darlington Avenue
Wilmington, North Carolina 28403
General Number: 910-251-4633
Fax Number: [phone]
All requestors must complete Parts A, B, C, D, E, F and G.
NOTE TO CONSULTANTS AND AGENCIES: If you are requesting a JD on behalf of a
paying client or your agency, please note the specific submittal requirements in Part H.
NOTE ON PART D — PROPERTY OWNER AUTHORIZATION: Please be aware that
all JD requests must include the current property owner authorization for the Corps to
proceed with the determination, which may include inspection of the property when
necessary. This form must be signed by the current property owner(s) or the owner(s)
authorized agent to be considered a complete request.
NOTE ON PART D - NCDOT REQUESTS: Property owner authorization/notification for
JD requests associated with North Carolina Department of Transportation (NCDOT)
projects will be conducted according to the current NCDOT/USACE protocols.
NOTE TO USDA PROGRAM PARTICIPANTS: A Corps approved or preliminary JD
may not be valid for the wetland conservation provisions of the Food Security Act of
1985. If you or your tenant are USDA Program participants, or anticipate participation in
USDA programs, you should also request a certified wetland determination from the local
office of the Natural Resources Conservation Service, prior to starting work.
Version: May 2017 Page 1

Jurisdictional Determination Request
A. PARCEL INFORMATION
Street Address: 5221 & 5225 Forestville Rd.
City, State:
County:
Raleigh, NC
Wake
Parcel Index Number(s) (PIN): 1746410189, 1746308877
B. REQUESTOR INFORMATION
Name: Kevin C. Martin
Mailing Address: 8412 Falls of Neuse Road
Raleigh, NC 27615
Telephone Number: 828.270.7941
Electronic Mail Address: [e-mail]
Select one:
I am the current property owner.
✓❑ I am an Authorized Agent or Environmental Consultant'
❑ Interested Buyer or Under Contract to Purchase
❑ Other, please explain.
C. PROPERTY OWNER INFORMATION
Name: Joyce S Miles,Teresa Vogt Hunt, &
Mailing Address: Stephen Vogt; PO Box 513
Knightdale, NC 27545
Telephone Number: 919-749-2530
Electronic Mail Address: [e-mail]
' Must provide completed Agent Authorization Form/Letter.
2 Documentation of ownership also needs to be provided with request (copy of Deed, County GIS/Parcel/Tax Record).
Version: May 2017 Page 2

Jurisdictional Determination Request
D. PROPERTY ACCESS CERTIFICATION',4
By signing below, I 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, if necessary, and issuing a jurisdictional determination pursuant to Section
404 of the Clean Water Act and/or Section 10 of the Rivers and Harbors Act of 1899. I, the
undersigned, am either a duly authorized owner of record of the property identified herein, or
acting as the duly authorized agent of the owner of record of the property.
*See Agent Authorization Form Attached
Print Name
Capacity: ❑ Owner ❑✓ Authorized Agent'
Date
Signature
E. REASON FOR JD REQUEST: (Check as many as applicable)
I intend to construct/develop a project or perform activities on this parcel which would be
designed to avoid all aquatic resources.
❑ I intend to construct/develop a project or perform activities on this parcel which would be
designed to avoid all jurisdictional aquatic resources under Corps authority.
✓❑ I intend to construct/develop a projector perform activities on this parcel which may
require authorization from the Corps, and the JD would be used to avoid and minimize
impacts to jurisdictional aquatic resources and as an initial step in a future permitting
process.
❑ I intend to construct/develop a projector perform activities on this parcel which may
require authorization from the Corps; this request is accompanied by my permit application
and the JD is to be used in the permitting process.
❑ I intend to construct/develop a project or perform activities in a navigable water of the
U.S. which is included on the district Section 10 list and/or is subject to the ebb and flow of
the tide.
❑ A Corps JD is required in order obtain my local/state authorization.
❑ I intend to contest jurisdiction over a particular aquatic resource and request the Corps
confirm that jurisdiction does/does not exist over the aquatic resource on the parcel.
❑ I believe that the site may be comprised entirely of dry land.
❑� Other:
For NCDOT requests following the current NCDOT/USACE protocols, skip to Part E.
If there are multiple parcels owned by different parties, please provide the following for each additional parcel on a
continuation sheet.
s Must provide agent authorization form/letter signed by owner(s).
Version: May 2017 Page 3

Jurisdictional Determination Request
F. JURISDICTIONAL DETERMINATION (JD) TYPE (Select One)
❑� I am requesting that the Corps provide a preliminary JD for the property identified herein.
A Preliminary Jurisdictional Determination (PJD) provides an indication that there may
be "waters of the United States" or "navigable waters of the United States"on a property.
PJDs are sufficient as the basis for permit decisions. For the purposes of permitting, all
waters and wetlands on the property will be treated as if they are jurisdictional "waters of
the United States". PJDs cannot be appealed (33 C.F.R. 331.2); however, a PJD is
"preliminary" in the sense that an approved JD can be requested at any time. PJDs do
not expire.
❑ I am requesting that the Corps provide an approved JD for the property identified herein.
An Approved Jurisdictional Determination (AJD) is a determination that
jurisdictional "waters of the United States" or "navigable waters of the United
States" are either present or absent on a site. An approved JD identifies the limits of
waters on a site determined to be jurisdictional under the Clean Water Act and/or
Rivers and Harbors Act. Approved JDs are sufficient as the basis for permit
decisions. AJDs are appealable (33 C.F.R. 331.2). The results of the AJD will be
posted on the Corps website. A landowner, permit applicant, or other "affected
party" (33 C.F.R. 331.2) who receives an AJD may rely upon the AJD for five years
(subject to certain limited exceptions explained in Regulatory Guidance Letter 05-
02).
❑ I am unclear as to which JD I would like to request and require additional information
to inform my decision.
G. ALL REQUESTS
Map of Property or Project Area. This Map must clearly depict the boundaries of the
review area.
✓❑ Size of Property or Review Area ± 14.6 acres.
❑✓ The property boundary (or review area boundary) is clearly physically marked on the site.
Version: May 2017 Page 4

Jurisdictional Determination Request
H. REQUESTS FROM CONSULTANTS
Project Coordinates (Decimal Degrees): Latitude:
Longitude
35.840324
-78.513905
A legible delineation map depicting the aquatic resources and the property/review area.
Delineation maps must be no larger than I Ix17 and should contain the following: (Corps
signature of submitted survey plats will occur after the submitted delineation map has been
reviewed and approved).6
■ North Arrow
■ Graphical Scale
■ Boundary of Review Area
■ Date
■ Location of data points for each Wetland Determination Data Form or tributary
assessment reach.
For Approved Jurisdictional Determinations:
■ Jurisdictional wetland features should be labeled as Wetland Waters of the US, 404
wetlands, etc. Please include the acreage of these features.
■ Jurisdictional non -wetland features (i.e. tidal/navigable waters, tributaries,
impoundments) should be labeled as Non -Wetland Waters of the US, stream, tributary,
open water, relatively permanent water, pond, etc. Please include the acreage or linear
length of each of these features as appropriate.
■ Isolated waters, waters that lack a significant nexus to navigable waters, or non -
jurisdictional upland features should be identified as Non -Jurisdictional. Please
include a justification in the label regarding why the feature is non jurisdictional (i.e.
"Isolated", "No Significant Nexus", or "Upland Feature"). Please include the acreage
or linear length of these features as appropriate.
For Preliminary Jurisdictional Determinations:
■ Wetland and non -wetland features should not be identified as Jurisdictional, 404,
Waters of the United States, or anything that implies jurisdiction. These features can be
identified as Potential Waters of the United States, Potential Non -wetland Waters of
the United States, wetland, stream, open water, etc. Please include the acreage and
linear length of these features as appropriate.
❑ Completed Wetland Determination Data Forms for appropriate region
(at least one wetland and one upland form needs to be completed for each wetland type)
6 Please refer to the guidance document titled "Survey Standards for Jurisdictional Determinations" to ensure that the
supplied map meets the necessary mapping standards. http://www.saw.usace.army.mil/Missions/Re ulatory-Permit-
Pro gram/Jurisdiction/
Version: May 2017 Page 5

Jurisdictional Determination Request
Completed appropriate Jurisdictional Determination form
• PJDs, please complete a Preliminary Jurisdictional Determination Form' and include the
Aquatic Resource Table
• AJDs, please complete an Approved Jurisdictional Determination Form'
❑ Vicinity Map
a Aerial Photograph
❑ USGS Topographic Map
Soil Survey Map
❑ Other Maps, as appropriate (e.g. National Wetland Inventory Map, Proposed Site
Plan, previous delineation maps, LIDAR maps, FEMA floodplain maps)
❑� Landscape Photos (if taken)
❑ NCWAM and/or NCWAM Assessment Forms and Rating Sheets
❑ NC Division of Water Resources Stream Identification Forms
❑ Other Assessment Forms
' www.saw.usace.gM.mil/Portals/59/docs/re ug latorregdocs/JD/RGL 08-02_App_A_Prelim _JD_Form _fillable.pdf
' Please see http://www.saw.usace.army.mil/Missions/Re ug latory-Permit-Proaram/Jurisdiction/
Principal Purpose: The information that you provide will be used in evaluating your request to determine
whether there are any aquatic resources within the project area subject to federal jurisdiction under the regulatory
authorities referenced above.
Routine Uses: This information may be shared with the Department of Justice and other federal, state, and local
government agencies, and the public, and may be made available as part of a public notice as required by federal
law. Your name and property location where federal jurisdiction is to be determined will be included in the
approved jurisdictional determination (AJD), which will be made available to the public on the District's website
and on the Headquarters USAGE website.
Disclosure: Submission of requested information is voluntary; however, if information is not provided, the
request for an AJD cannot be evaluated nor can an AJD be issued.
Version: May 2017 Page 6

Appendix 2 - PRELIMINARY JURISDICTIONAL DETERMINATION (PJD) FORM
BACKGROUND INFORMATION
A. REPORT COMPLETION DATE FOR PJD: 07/14/2023
B. NAME AND ADDRESS OF PERSON REQUESTING PJD: Kevin C. Martin- 8412 Falls of Neuse Road, Raleigh NC 27615
C. DISTRICT OFFICE, FILE NAME, AND NUMBER: N/A
D. PROJECT LOCATION(S) AND BACKGROUND INFORMATION:
(USE THE TABLE BELOW TO DOCUMENT MULTIPLE AQUATIC RESOURCES AND/OR
AQUATIC RESOURCES AT DIFFERENT SITES)
State: NC County/parish/borough: Wake City: Raleigh
Center coordinates of site (lat/long in degree decimal format):
Lat.: 35.840324 Long.:-78.513905
Universal Transverse Mercator: NAD 83
Name of nearest waterbody: Neuse River 27-(22.5); C; NSW
E. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY):
❑ Office (Desk) Determination. Date:
❑ Field Determination. Date(s):
TABLE OF AQUATIC RESOURCES IN REVIEW AREA WHICH "MAY BE" SUBJECT TO REGULATORY
JURISDICTION.
Site
number
Latitude
(decimal
degrees)
Longitude
(decimal
degrees)
Estimated amount
of aquatic resource
in review area
(acreage and linear
feet, if applicable)
Type of aquatic
resource (i.e., wetland
vs. non -wetland
waters)
Geographic authority
to which the aquatic
resource "may be"
subject (i.e., Section
404 or Section 10/404)
LW1
35.841316
-78.513056
355 sq ft
Linear Wetland
Section 404
LW2
35.841361
-78.512704
294 sq ft
Linear Wetland
Section 404
LW3
35.840775
-78.512861
852 sq ft
Linear Wetland
Section 404
W1
35.841126
-78.512916
.047 ac
Wetland
Section 404
W2
35.839493
-78.514433
.058 ac
Wetland
Section 404
S 1 b
35.839977
-78.512857
450 L. f t
Intermittent/Perennial Stream
Section 404

S2 35.840402-78.512758 146 L. ft Perennial Stream Section 404

1) The Corps of Engineers believes that there may be jurisdictional aquatic resources in
the review area, and the requestor of this PJD is hereby advised of his or her option
to request and obtain an approved JD (AJD) for that review area based on an
informed decision after having discussed the various types of JDs and their
characteristics and circumstances when they may be appropriate.
2) In any circumstance where a permit applicant obtains an individual permit, or a
Nationwide General Permit (NWP) or other general permit verification requiring "pre -
construction notification" (PCN), or requests verification for a non -reporting NWP or
other general permit, and the permit applicant has not requested an AJD for the
activity, the permit applicant is hereby made aware that: (1) the permit applicant has
elected to seek a permit authorization based on a PJD, which does not make an
official determination of jurisdictional aquatic resources; (2) the applicant has the
option to request an AJD before accepting the terms and conditions of the permit
authorization, and that basing a permit authorization on an AJD could possibly result
in less compensatory mitigation being required or different special conditions; (3) the
applicant has the right to request an individual permit rather than accepting the terms
and conditions of the NWP or other general permit authorization; (4) the applicant can
accept a permit authorization and thereby agree to comply with all the terms and
conditions of that permit, including whatever mitigation requirements the Corps has
determined to be necessary; (5) undertaking any activity in reliance upon the subject
permit authorization without requesting an AJD constitutes the applicant's acceptance
of the use of the PJD; (6) accepting a permit authorization (e.g., signing a proffered
individual permit) or undertaking any activity in reliance on any form of Corps permit
authorization based on a PJD constitutes agreement that all aquatic resources in the
review area affected in any way by that activity will be treated as jurisdictional, and
waives any challenge to such jurisdiction in any administrative or judicial compliance
or enforcement action, or in any administrative appeal or in any Federal court; and (7)
whether the applicant elects to use either an AJD or a PJD, the JD will be processed
as soon as practicable. Further, an AJD, a proffered individual permit (and all terms
and conditions contained therein), or individual permit denial can be administratively
appealed pursuant to 33 C.F.R. Part 331. If, during an administrative appeal, it
becomes appropriate to make an official determination whether geographic
jurisdiction exists over aquatic resources in the review area, or to provide an official
delineation of jurisdictional aquatic resources in the review area, the Corps will
provide an AJD to accomplish that result, as soon as is practicable. This PJD finds
that there "may be" waters of the U.S. and/or that there "may be" navigable waters of
the U.S. on the subject review area, and identifies all aquatic features in the review
area that could be affected by the proposed activity, based on the following
information:

SUPPORTING DATA. Data reviewed for PJD (check all that apply)
Checked items should be included in subject file. Appropriately reference sources
below where indicated for all checked items:
® Maps, plans, plots or plat submitted by or on behalf of the PJD requestor:
Map:
Fol Data sheets prepared/submitted by or on behalf of the PJD requestor.
❑ Office concurs with data sheets/delineation report.
❑ Office does not concur with data sheets/delineation report. Rationale
❑ Data sheets prepared by the Corps:
❑ Corps navigable waters' study:
❑ U.S. Geological Survey Hydrologic Atlas:
❑ USGS NHD data.
❑ USGS 8 and 12 digit HUC maps.
0 U.S. Geological Survey map(s). Cite scale & quad name: 1"=2000' National Map Raleigh East Quad
❑j Natural Resources Conservation Service Soil Survey. Citation Wake County Soil Survey Sheet 41
❑ National wetlands inventory map(s). Cite name:
❑ State/local wetland inventory map(s):
❑ FEMA/FIRM maps:
❑ 100-year Floodplain Elevation is: .(National Geodetic Vertical Datum of 1929)
® Photographs: ❑X Aerial (Name & Date): Wetland Sketch Map _
or Fx_J Other (Name & Date): WLDP1 & UPLDPI 1/12/2022
❑ Previous determination(s). File no. and date of response letter:
❑ Other information (please specify):
IMPORTANT NOTE: The information recorded on this form has not necessarily_
been _verified by the Corps and should not be relied upon for later jurisdictional
determinations.
Signature and date of
Regulatory staff member
completing PJD
Signature and date of '
person requesting PJD
(REQUIRED, unless obtaining
the signature is impracticable)'
V; Z�/`//2!a23
' Districts may establish timeframes for requestor to return signed PJD forms. If the requestor does not respond
within the established time frame, the district may presume concurrence and no additional follow up is
necessary prior to finalizing an action.

DocuSign Envelope ID: 96D5948F-37B7-48C5-9887-B542579FF9F1
Environmental Consultants,
8412 Falls ofNeuse Road, Suite 104, Raleigh, NC 27615 • Phone; [phone]
s andec.com
PROPERTY OWNER CERTIFICATION / AGENT AUTHORIZATION
Project Name/Description: Yardly Buffaloe Village
The Department of the Army
U.S. Army Corps of Engineers, Wilmington District
69 Darlington Avenue
Wilmington, NC 28403
Attn: Lyle Phillips Field Office
Raleigh
I, the undersigned, a duly authorized owner of record of the property/properties identified
herein, do authorize representatives of the Wilmington District, U.S. Army Corps of Engineers
(Corps) and Soil & Environmental Consultants, PA (S&EC) staff, as my agent, 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. This
document also authorizes S&EC, as my agent, to act on my behalf and take all actions
necessary for the processing, issuance and acceptance of a permit or certification and any and
all associated standard and special conditions. This notification supersedes any previous
correspondence concerning the agent for this project.
NOTICE: This authorization, for liability and professional courtesy reasons, is valid only for
government officials to enter the property when accompanied by S&EC staff. You should call
S&EC to arrange a site meeting prior to visiting the site.
PARCEL INFORMATION:
Parcel Index Number(s) (PIN):
Site Address:
City, County, State:
1746308877
5221 Forestville Rd
Raleigh, NC
PROPERTY OWNER INFORMATION (mailing address, email and phone)
Name: Joyce S Miles
Mailing Address: PO Box 513 Knightdale, NC 27545
Email: [e-mail] Phone: [phone]
Joyce S Miles
up (WA Owner Name (please print)
ocu igne y:
6tiu_ Atitt,s
Signature
5/27/2023
Date
We hereby certify the above information submitted in this application is true and accurate to
the best of our knowledge.

DocuSign Envelope ID: 96D5948F-37B7-48C5-9887-B542579FF9F1
Environmental Consultants,
8412 Falls ofNeuse Road, Suite 104, Raleigh, NC 27615 • Phone; [phone]
s andec.com
PROPERTY OWNER CERTIFICATION / AGENT AUTHORIZATION
Project Name/Description: Yardly Buffaloe Village
The Department of the Army
U.S. Army Corps of Engineers, Wilmington District
69 Darlington Avenue
Wilmington, NC 28403
Attn: Lyle Phillips Field Office
Raleigh
I, the undersigned, a duly authorized owner of record of the property/properties identified
herein, do authorize representatives of the Wilmington District, U.S. Army Corps of Engineers
(Corps) and Soil & Environmental Consultants, PA (S&EC) staff, as my agent, 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. This
document also authorizes S&EC, as my agent, to act on my behalf and take all actions
necessary for the processing, issuance and acceptance of a permit or certification and any and
all associated standard and special conditions. This notification supersedes any previous
correspondence concerning the agent for this project.
NOTICE: This authorization, for liability and professional courtesy reasons, is valid only for
government officials to enter the property when accompanied by S&EC staff. You should call
S&EC to arrange a site meeting prior to visiting the site.
PARCEL INFORMATION:
Parcel Index Number(s) (PIN):
Site Address:
City, County, State:
1746410189
5225 Forestville Rd
Raleigh, NC
PROPERTY OWNER INFORMATION (mailing address, email and phone)
Name: Joyce S Miles,Teresa Vogt Hunt, & Stephen Vogt
Mailing Address: PO Box 513 Knightdale, NC 27545
Email: [e-mail] Phone:[phone]
Joyce S Miles 5/27/2023
Property Owner Name (please print)
DocuSigned by:
INt, O-S
Signature
Date
We hereby certify the above information submitted in this application is true and accurate to
the best of our knowledge.

U.S. Army Corps of Engineers OMB Control #: 0710-xxxx, Exp: Pending
WETLAND DETERMINATION DATA SHEET — Eastern Mountains and Piedmont Region Requirement Control Symbol EXEMPT:
See ERDC/EL TR-07-24; the proponent agency is CECW-CO-R (Authority: AR 335-15, paragraph 5-2a)
Project/Site: 5221 & 5225 Forestville Rd City/County: Raleigh/Wake Sampling Date: 1-12-22
Applicant/Owner: Venture South Investments/Miles-Hunt State: NC Sampling Point: UPLDP1
Investigator(s): Kevin Martin Section, Township, Range:
Landform (hillside, terrace, etc.): headslope Local relief (concave, convex, none): concave Slope (%): 2
Subregion (LRR or MLRA): LRR P, MLRA 136 Lat: 35.839780 Long:-78.514330 Datum:
Soil Map Unit Name: Wy (Worsham) NWI classification:
Are climatic / hydrologic conditions on the site typical for this time of year? Yes No X (If no, explain in Remarks.)
Are Vegetation Soil or Hydrology significantly disturbed? Are "Normal Circumstances" present? Yes X No
Are Vegetation Soil or Hydrology naturally problematic? (If needed, explain any answers in Remarks.)
SUMMARY OF FINDINGS — Attach site map showing sampling point locations, transects, important features, etc.
Hydrophytic Vegetation Present? Yes X No Is the Sampled Area
Hydric Soil Present? Yes X No within a Wetland? Yes No X
Wetland Hydrology Present? Yes No X
Remarks:
Rainfall is above normal
HYDROLOGY
Wetland Hydrology Indicators:
Secondary Indicators (minimum of two required)
Primary Indicators (minimum of one is required; check all that apply)
—Surface Soil Cracks (136)
_Surface Water (Al) _True
Aquatic Plants (B14)
_Sparsely Vegetated Concave Surface (138)
—High Water Table (A2) _
Hydrogen Sulfide Odor (Cl)
—Drainage Patterns (1310)
—saturation (A3) —Oxidized
Rhizospheres on Living Roots (C3)
—Moss Trim Lines (1316)
—Water Marks (61) —Presence
of Reduced Iron (C4)
_ Dry -Season Water Table (C2)
—sediment Deposits (62) —Recent
Iron Reduction in Tilled Soils (C6)
—Crayfish Burrows (C8)
_ Drift Deposits (63) _Thin
Muck Surface (C7)
—Saturation Visible on Aerial Imagery (C9)
_Algal Mat or Crust (134) —Other
(Explain in Remarks)
—Stunted or Stressed Plants (D1)
_Iron Deposits (65)
_Geomorphic Position (D2)
—Inundation Visible on Aerial Imagery (67)
—Shallow Aquitard (D3)
—Water-Stained Leaves (69)
_ Microtopographic Relief (D4)
Aquatic Fauna (1313)
FAC-Neutral Test (D5)
Field Observations:
Surface Water Present? Yes No
X Depth (inches):
Water Table Present? Yes X No
Depth (inches): 14
Saturation Present? Yes X No
Depth (inches): 12
Wetland Hydrology Present? Yes No X
includes capillary fringe)
Describe Recorded Data (stream gauge, monitoring well, aerial photos, previous inspections), if available:
Remarks:
ENG FORM 6116-4-SG, JUL 2018 Eastern Mountains and Piedmont — Version 2.0

VEGETATION (Four Strata) - Use scientific names of plants.
Sampling Point: UPLDP1
Absolute Dominant Indicator
Tree Stratum
(Plot size: )
% Cover Species? Status
Dominance Test worksheet:
1
Number of Dominant Species
2.
That Are OBL, FACW, or FAC: (A)
3.
Total Number of Dominant
4.
Species Across All Strata: (B)
5.
Percent of Dominant Species
6.
That Are OBL, FACW, or FAC: (A/B)
7.
Prevalence Index worksheet:
=Total Cover
Total % Cover of: Multiply by:
50% of total cover:
20% of total cover:
OBL species x 1 =
Sapling/Shrub Stratum (Plot size:
)
FACW species x 2 =
1.
FAC species x 3 =
2.
FACU species x 4 =
3.
UPL species x 5 =
4.
Column Totals: (A) (B)
5.
Prevalence Index = B/A =
6.
Hydrophytic Vegetation Indicators:
7.
_ 1 - Rapid Test for Hydrophytic Vegetation
8.
2 - Dominance Test is >50%
9.
_
3 - Prevalence Index is :-3.0'
=Total Cover
_
4 - Morphological Adaptations' (Provide supporting
50% of total cover:
20% of total cover:
data in Remarks or on a separate sheet)
Herb Stratum
(Plot size: )
_ Problematic Hydrophytic Vegetation' (Explain)
1
'Indicators of hydric soil and wetland hydrology must be
2.
present, unless disturbed or problematic.
Definitions of Four Vegetation Strata:
3.
4.
Tree - Woody plants, excluding vines, 3 in. (7.6 cm) or
5.
more in diameter at breast height (DBH), regardless of
6
height.
7•
Sapling/Shrub - Woody plants, excluding vines, less
8.
than 3 in. DBH and greater than or equal to 3.28 ft (1
9
m) tall.
10.
Herb - All herbaceous (non -woody) plants, regardless
11
of size, and woody plants less than 3.28 ft tall.
=Total Cover
Woody Vine - All woody vines greater than 3.28 ft in
50% of total cover:
20% of total cover:
height.
Woody Vine Stratum (Plot size: )
1.
2.
3.
4.
5.
Hydrophytic
=Total Cover
Vegetation
50% of total cover:
20% of total cover:
Present? Yes No
Remarks: (Include photo numbers here or on a separate sheet.)
ENG FORM 6116-4-SG, JUL 2018 Eastern Mountains and Piedmont - Version 2.0

VEGETATION (Five Strata) - Use scientific names of plants.
Sampling Point: UPLDP1
Absolute Dominant
Indicator
Tree Stratum (Plot size: 30'r )
% Cover Species?
Status
Dominance Test worksheet:
1. Pinus taeda
20 Yes
FAC
Number of Dominant Species
2. Liquidambarstyraciflua
20 Yes
FAC
That Are OBL, FACW, or FAC: 2 (A)
3'
Total Number of Dominant
4.
Species Across All Strata: 3 (B)
5.
Percent of Dominant Species
6.
That Are OBL, FACW, or FAC: 66.7% (A/B)
40 =Total Cover
Prevalence Index worksheet:
50% of total cover:
20 20% of total cover:
8
Total % Cover of: Multiply by:
Sapling Stratum (Plot size: 30'r )
OBL species 0 x 1 = 0
1. Ilex opaca
40 Yes
FACU
FACW species 0 x 2 = 0
2. Liquidambarstyraciflua
10 No
FAC
FAC species 57 x 3 = 171
3. Acer rubrum
5 No
FAC
FACU species 42 x 4 = 168
4.
UPL species 0 x 5 = 0
5.
Column Totals: 99 (A) 339 (B)
6.
Prevalence Index = B/A = 3.42
55 =Total Cover
Hydrophytic Vegetation Indicators:
50% of total cover:
28 20% of total cover:
11
1 - Rapid Test for Hydrophytic Vegetation
Shrub Stratum (Plot size: 15'r )
X 2 - Dominance Test is >50%
1. Ligustrum sinense
2 No
FACU
_ 3 - Prevalence Index is :53.01
2.
4 - Morphological Adaptations' (Provide supporting
3
data in Remarks or on a separate sheet)
4.
_ Problematic Hydrophytic Vegetation' (Explain)
5.
'Indicators of hydric soil and wetland hydrology must be
6.
present, unless disturbed or problematic.
Definitions of Five Vegetation Strata:
2 =Total Cover
50% of total cover:
1 20% of total cover:
1
Tree - Woody plants, excluding woody vines,
Herb Stratum (Plot size: 5'r )
approximately 20 ft (6 m) or more in height and 3 in.
1
(7.6 cm) or larger in diameter at breast height (DBH).
2•
Sapling - Woody plants, excluding woody vines,
3.
approximately 20 ft (6 m) or more in height and less
than 3 in. (7.6 cm) DBH.
4
5.
Shrub - Woody Plants, excluding woody vines,
6
approximately 3 to 20 ft (1 to 6 m) in height.
7•
Herb - All herbaceous (non -woody) plants, including
8.
herbaceous vines, regardless of size, and woody
9
plants, except woody vines, less than approximately
3 ft (1 m) in height.
10.
11.
Woody Vine - All woody vines, regardless of height.
=Total Cover
50% of total cover:
20% of total cover:
Woody Vine Stratum (Plot size: 30'r
)
1. Smilax rotundifolia
2 No
FAC
2.
3.
4.
5.
Hydrophytic
2 =Total Cover
Vegetation
50% of total cover:
1 20% of total cover:
1
Present? Yes X No
Remarks: (Include photo numbers here or on a separate sheet.)
ENG FORM 6116-4-SG, JUL 2018 Eastern Mountains and Piedmont - Version 2.0

SOIL Sampling Point: UPLDP1
Profile Description: (Describe to the depth needed to document the indicator or confirm the absence of indicators.)
Depth Matrix Redox Features
(inches) Color (moist) % Color (moist) % Type' Loc2 Texture Remarks
0-1 10YR 3/2 100 Loamy/Clayey
1-10 10YR 5/1 100 Loamy/Clayey
'Type: C=Concentration, D=Depletion, RM=Reduced Matrix, MS=Masked Sand Grains.
2Location: PL=Pore Lining, M=Matrix.
Hydric Soil Indicators.
Indicators for Problematic Hydric Soils3:
_ Histosol (A1)
_ Polyvalue Below Surface (S8) (MLRA 147, 148)
_ 2 cm Muck (A10) (MLRA 147)
_ Histic Epipedon (A2)
_Thin Dark Surface (S9) (MLRA 147, 148)
—Coast Prairie Redox (A16)
—Black Histic (A3)
—Loamy Mucky Mineral (F1) (MLRA 136)
(MLRA 147, 148)
—Hydrogen Sulfide (A4)
—Loamy Gleyed Matrix (F2)
—Piedmont Floodplain Soils (F19)
—Stratified Layers (A5)
X Depleted Matrix (F3)
(MLRA 136, 147)
_ 2 cm Muck (A10) (LRR N)
_ Redox Dark Surface (F6)
—Red Parent Material (F21)
X Depleted Below Dark Surface (A11)
_ Depleted Dark Surface (F7)
(outside MLRA 127, 147, 148)
_Thick Dark Surface (Al2)
_ Redox Depressions (F8)
—Very Shallow Dark Surface (F22)
_Sandy Mucky Mineral (S1)
_Iron -Manganese Masses (F12) (LRR N,
_Other (Explain in Remarks)
—Sandy Gleyed Matrix (S4)
MLRA 136)
—Sandy Redox (S5)
_ Umbric Surface (F13) (MLRA 122, 136)
3Indicators of hydrophytic vegetation and
—Stripped Matrix (S6)
_ Piedmont Floodplain Soils (F19) (MLRA 148)
wetland hydrology must be present,
Dark Surface (S7)
Red Parent Material (F21) (MLRA 127, 147, 148)
unless disturbed or problematic.
Restrictive Layer (if observed):
Type:
Depth (inches):
Hydric Soil Present? Yes X No
Remarks
No redox
ENG FORM 6116-4-SG, JUL 2018 Eastern Mountains and Piedmont — Version 2.0

U.S. Army Corps of Engineers OMB Control #: 0710-xxxx, Exp: Pending
WETLAND DETERMINATION DATA SHEET — Eastern Mountains and Piedmont Region Requirement Control Symbol EXEMPT:
See ERDC/EL TR-07-24; the proponent agency is CECW-CO-R (Authority: AR 335-15, paragraph 5-2a)
Project/Site: 5221 & 5225 Forestville Rd City/County: Raleigh/Wake Sampling Date: 1-12-22
Applicant/Owner: Venture South Investments/Miles - Hunt State: NC Sampling Point: WLDP1
Investigator(s): Kevin Martin Section, Township, Range:
Landform (hillside, terrace, etc.): headslope Local relief (concave, convex, none): concave Slope (%): 2
Subregion (LRR or MLRA): LRR P, MLRA 136 Lat: 35.841068 Long:-78.512937 Datum:
Soil Map Unit Name: Wy (Worsham) NWI classification:
Are climatic / hydrologic conditions on the site typical for this time of year? Yes No X (If no, explain in Remarks.)
Are Vegetation Soil or Hydrology significantly disturbed? Are "Normal Circumstances" present? Yes X No
Are Vegetation Soil or Hydrology naturally problematic? (If needed, explain any answers in Remarks.)
SUMMARY OF FINDINGS — Attach site map showing sampling point locations, transects, important features, etc.
Hydrophytic Vegetation Present? Yes X No Is the Sampled Area
Hydric Soil Present? Yes X No within a Wetland? Yes X No
Wetland Hydrology Present? Yes X No
Remarks:
Rainfall above normal
HYDROLOGY
Wetland Hydrology Indicators:
Secondary Indicators (minimum of two required)
Primary Indicators (minimum of one is required; check all that apply)
—Surface Soil Cracks (136)
_Surface Water (Al) _True
Aquatic Plants (1314)
_Sparsely Vegetated Concave Surface (138)
—High Water Table (A2) _
Hydrogen Sulfide Odor (Cl)
X Drainage Patterns (1310)
X Saturation (A3) —Oxidized
Rhizospheres on Living Roots (C3)
—Moss Trim Lines (B16)
—Water Marks (61) —Presence
of Reduced Iron (C4)
_ Dry -Season Water Table (C2)
—sediment Deposits (62) —Recent
Iron Reduction in Tilled Soils (C6)
—Crayfish Burrows (C8)
_ Drift Deposits (63) _Thin
Muck Surface (C7)
—Saturation Visible on Aerial Imagery (C9)
_Algal Mat or Crust (134) —Other
(Explain in Remarks)
—Stunted or Stressed Plants (D1)
_Iron Deposits (65)
_Geomorphic Position (D2)
—Inundation Visible on Aerial Imagery (67)
—Shallow Aquitard (D3)
X Water -Stained Leaves (69)
_ Microtopographic Relief (D4)
Aquatic Fauna (1313)
FAC-Neutral Test (D5)
Field Observations:
Surface Water Present? Yes No
X Depth (inches):
Water Table Present? Yes X No
Depth (inches): 0
Saturation Present? Yes X No
Depth (inches): 0
Wetland Hydrology Present? Yes X No
includes capillary fringe)
Describe Recorded Data (stream gauge, monitoring well, aerial photos, previous inspections), if available:
Remarks:
ENG FORM 6116-4-SG, JUL 2018 Eastern Mountains and Piedmont — Version 2.0

VEGETATION (Four Strata) - Use scientific names of plants.
Sampling Point: WLDP1
Absolute Dominant Indicator
Tree Stratum
(Plot size: )
% Cover Species? Status
Dominance Test worksheet:
1
Number of Dominant Species
2.
That Are OBL, FACW, or FAC: (A)
3.
Total Number of Dominant
4.
Species Across All Strata: (B)
5.
Percent of Dominant Species
6.
That Are OBL, FACW, or FAC: (A/B)
7.
Prevalence Index worksheet:
=Total Cover
Total % Cover of: Multiply by:
50% of total cover:
20% of total cover:
OBL species x 1 =
Sapling/Shrub Stratum (Plot size:
)
FACW species x 2 =
1.
FAC species x 3 =
2.
FACU species x 4 =
3.
UPL species x 5 =
4.
Column Totals: (A) (B)
5.
Prevalence Index = B/A =
6.
Hydrophytic Vegetation Indicators:
7.
_ 1 - Rapid Test for Hydrophytic Vegetation
8.
2 - Dominance Test is >50%
9.
_
3 - Prevalence Index is :-3.0'
=Total Cover
_
4 - Morphological Adaptations' (Provide supporting
50% of total cover:
20% of total cover:
data in Remarks or on a separate sheet)
Herb Stratum
(Plot size: )
_ Problematic Hydrophytic Vegetation' (Explain)
1
'Indicators of hydric soil and wetland hydrology must be
2.
present, unless disturbed or problematic.
Definitions of Four Vegetation Strata:
3.
4.
Tree - Woody plants, excluding vines, 3 in. (7.6 cm) or
5.
more in diameter at breast height (DBH), regardless of
6
height.
7•
Sapling/Shrub - Woody plants, excluding vines, less
8.
than 3 in. DBH and greater than or equal to 3.28 ft (1
9
m) tall.
10.
Herb - All herbaceous (non -woody) plants, regardless
11
of size, and woody plants less than 3.28 ft tall.
=Total Cover
Woody Vine - All woody vines greater than 3.28 ft in
50% of total cover:
20% of total cover:
height.
Woody Vine Stratum (Plot size: )
1.
2.
3.
4.
5.
Hydrophytic
=Total Cover
Vegetation
50% of total cover:
20% of total cover:
Present? Yes No
Remarks: (Include photo numbers here or on a separate sheet.)
ENG FORM 6116-4-SG, JUL 2018 Eastern Mountains and Piedmont - Version 2.0

VEGETATION (Five Strata) - Use scientific names of plants.
Sampling Point: WLDP1
Tree Stratum (Plot size: 30'r )
1. Acer rubrum
2. Liquidambar styraciflua
3.
4.
5.
6.
% Cover Species? Status
60 =Total Cover
50% of total cover: 30 20% of total cover: 12
Sapling Stratum (Plot size: 30'r )
1. Ilex opaca 25 Yes FAC
2. Magnolia virginiana 5 No FAC
3.
4.
5.
6.
30 =Total Cover
50% of total cover: 15 20% of total cover: 6
Shrub Stratum (Plot size: 15'r )
1.
2.
3.
4.
5.
6.
50% of total cover
Herb Stratum (Plot size: 5'r )
1. Arundinaria gigantea
2. Carex
3. Microstegium vimineum
4.
5.
6.
7.
8.
9.
10.
11.
50% of total cover: 3
Woody Vine Stratum (Plot size: 30'r )
1.
2.
3.
4.
5.
_=Total Cover
20% of total cover:
2 Yes FACW
2 Yes
2 Yes FAC
6 =Total Cover
20% of total cover: 2
=Total Cover
50% of total cover: 20% of total cover:
Remarks: (Include photo numbers here or on a separate sheet.)
Dominance Test worksheet:
Number of Dominant Species
That Are OBL, FACW, or FAC: 4 (A)
Total Number of Dominant
Species Across All Strata: 6 (B)
Percent of Dominant Species
That Are OBL, FACW, or FAC: 66.7% (A/B)
Prevalence Index worksheet:
Total % Cover of: Multiply by:
OBL species 0 x 1 = 0
FACW species 7 x 2 = 14
FAC species 62 x 3 = 186
FACU species 25 x 4 = 100
UPL species 0 x 5 = 0
Column Totals: 94 (A) 300 (B)
Prevalence Index = B/A = 3.19
Hydrophytic Vegetation Indicators:
1 - Rapid Test for Hydrophytic Vegetation
X 2 - Dominance Test is >50%
_ 3 - Prevalence Index is :53.0'
_4 - Morphological Adaptations' (Provide supporting
data in Remarks or on a separate sheet)
Problematic Hydrophytic Vegetation' (Explain)
'Indicators of hydric soil and wetland hydrology must be
present, unless disturbed or problematic.
Definitions of Five Vegetation Strata:
Tree - Woody plants, excluding woody vines,
approximately 20 ft (6 m) or more in height and 3 in.
(7.6 cm) or larger in diameter at breast height (DBH).
Sapling - Woody plants, excluding woody vines,
approximately 20 ft (6 m) or more in height and less
than 3 in. (7.6 cm) DBH.
Shrub - Woody Plants, excluding woody vines,
approximately 3 to 20 ft (1 to 6 m) in height.
Herb - All herbaceous (non -woody) plants, including
herbaceous vines, regardless of size, and woody
plants, except woody vines, less than approximately
3 ft (1 m) in height.
Woody Vine - All woody vines, regardless of height.
Hydrophytic
Vegetation
Present? Yes X No
ENG FORM 6116-4-SG, JUL 2018 Eastern Mountains and Piedmont - Version 2.0

SOIL Sampling Point: WLDP1
Profile Description: (Describe to the depth needed to document the indicator or confirm the absence of indicators.)
Depth Matrix Redox Features
(inches) Color (moist) % Color (moist) % Type' Loc2 Texture Remarks
0-10 2.5Y 3/2 75 5YR 3/4 25 C M Loamy/Clayey Prominent redox concentrations
'Type: C=Concentration, D=Depletion, RM=Reduced Matrix, MS=Masked Sand Grains.
2Location: PL=Pore Lining, M=Matrix.
Hydric Soil Indicators.
Indicators for Problematic Hydric Soils3:
_ Histosol (A1)
_ Polyvalue Below Surface (S8) (MLRA 147, 148)
_ 2 cm Muck (A10) (MLRA 147)
_ Histic Epipedon (A2)
_Thin Dark Surface (S9) (MLRA 147, 148)
—Coast Prairie Redox (A16)
—Black Histic (A3)
—Loamy Mucky Mineral (F1) (MLRA 136)
(MLRA 147, 148)
—Hydrogen Sulfide (A4)
—Loamy Gleyed Matrix (F2)
—Piedmont Floodplain Soils (F19)
—Stratified Layers (A5)
X Depleted Matrix (F3)
(MLRA 136, 147)
_ 2 cm Muck (A10) (LRR N)
X Redox Dark Surface (F6)
—Red Parent Material (F21)
_ Depleted Below Dark Surface (A11)
_ Depleted Dark Surface (F7)
(outside MLRA 127, 147, 148)
_Thick Dark Surface (Al2)
_ Redox Depressions (F8)
—Very Shallow Dark Surface (F22)
_Sandy Mucky Mineral (S1)
_Iron -Manganese Masses (F12) (LRR N,
_Other (Explain in Remarks)
—Sandy Gleyed Matrix (S4)
MLRA 136)
—Sandy Redox (S5)
_ Umbric Surface (F13) (MLRA 122, 136)
3Indicators of hydrophytic vegetation and
—Stripped Matrix (S6)
_ Piedmont Floodplain Soils (F19) (MLRA 148)
wetland hydrology must be present,
Dark Surface (S7)
Red Parent Material (F21) (MLRA 127, 147, 148)
unless disturbed or problematic.
Restrictive Layer (if observed):
Type:
Depth (inches):
Hydric Soil Present? Yes X No
Remarks
No redox
ENG FORM 6116-4-SG, JUL 2018 Eastern Mountains and Piedmont — Version 2.0

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Program, Geographic Names Information System, National Hydrography
Dataset, National Land Cover Database, National Structures Dataset, and
National Transportation Dataset; USGS Global Ecosystems; U.S. Census
Bureau TIGER/Line data; USFS Road Data; Natural Earth Data; U.S.
Department of State Humanitarian Information Unit; and NOAA National
Centers for Environmental Information, U.S. Coastal Relief Model. Data
,,. refreshed June, 2020.
Project Number: Map Title: N
14953.W4 0 2,000 4,000
Project Manager: Figure 1- USGS Map I I I I I I I 1 1
KM Feet
5221 & 5225 Forestville Rd
Scale: 1 2000'
Wake County, NC
" =
Date: Source:
Soil & Environmental Consultants, PA
01/10/2022 Created by: AJK-42Falls-NooseRoad,Suite104,Raleigh,NC27615•Phone:(919)W.5900•Fax:[phone]
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Project Number: Map Title: N
14953.W4 0 500 � ,000
Project Manager: Figure 2- Soil Survey Map I I I I I I I
KM Feet
5221 & 5225 Forestville Rd
Scale: 1 500' Wake County, NC
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Date: Source:
Soil & Environmental Consultants, PA
01/10/2022 Soil Survey Sheet No. 41 8412 Fa of NeueRoad, Suie 104, Releigh,NC 27615•Phone: [phone]•Fax [phone]
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PROPOSED
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PROPOSED
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PROPOSED
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PROPOSED
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PROPOSED
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PROPOSED
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PROPOSED
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PROPOSED
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PROPOSED ROW (TYP.)
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SCM OUTFALL
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PROPOSED
RETAINING WALL
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BUFFER IMPACT
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BUFFER IMPACT
This document, together with the concepts and designs presented herein, as an instrument of service, is intended only for the specific purpose and client for which it was prepared. Reuse of and improper reliance on this document without written authorization and adaptation by Kimley-Horn and Associates, Inc. shall be without liability to Kimley-Horn and Associates, Inc.
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To: U.S. Fish and Wildlife Service
Raleigh Field Office
P.O. Box 33726
Raleigh, NC 27636-3726

Re: Online Project Review Request, Yardly Buffaloe Village, Raleigh - Wake County, North
Carolina

We have 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 are submitting our project review package in accordance with the
instructions for further review.

Our proposed action consists of: A planned residential development that is proposing impacts to wetlands
and riparian buffers.

The location of the project and the action area are identified on the enclosed maps.
Yardly Buffaloe Village (35.841254, -78.514382). The site is located at 5221 & 5225 Forestville Road,
Raleigh – Wake County, North Carolina.

Construction will commence following the anticipated Section 404 & 401 Approvals and should be
completed by the Nationwide Permit Expiration date of March 15, 2026.

This project review is needed under provisions of Section 7 of the Endangered Species Act (ESA), and
per General Condition 18 of Nationwide Permit 29.

The enclosed project review package provides the information about the species and critical habitat
considered in our review. The species conclusions table included in the package identifies our
determinations for the resources that may be affected by the project.

For additional information, please contact Mason Montgomery at [e-mail]

Sincerely,
SOIL & ENVIRONMENTAL CONSULTANTS, PA

Mason Montgomery
Environmental Scientist, Wetlands Department

Enclosures:

September 27, 2023
S&EC Project No: 14953.W11
1. Project Request Review Package
2. S&EC T&E Species Report
3. Vicinity Maps
4. S&EC Photo Report
5. Overall Site Plan

6. FWS Official Species List
7. NHP Report
8. FWS Species Conclusion Table
9. FWS Self-Certification Letter

Yardly Buffaloe Village – S&EC Threatened & Endangered Species Report
Page 1 of 6

September 27, 2023
S&EC Project No.: 14953.W11

To: Venture South Investments, LLC
Attn: Evan Conder
120 West Trinity Place, Suite 400
Decatur, GA 30030

Re: THREATENED & ENDANGERED SPECIES REPORT
Yardly Buffaloe Village (+/- 35 acres)
5221 & 5225 Forestville Road, Raleigh, Wake County, NC

Evan Conder:

On September 27, 2023, Soil & Environmental Consultants, PA (S&EC) evaluated the Yardly Buffaloe
Village property shown on the attached maps for potential endangered species. The property is located at
5221 & 5225 Forestville Rd in Wake County, NC. Surface waters on-site flow into Neuse River in the
Neuse River Basin, which has been classified in the “Classification and NC DWQ Standards Applicable
to Surface Waters and Wetlands of North Carolina” as C; NSW.

We obtained the attached automatically generated official species list from the U.S. Fish & Wildlife
Service (FWS) and N.C. Natural Heritage Program (NHP) report identifying the protected species on or
within one mile of the project area that could potentially be affected by the project. These FWS & NHP
reports were updated as of the date of this report. The official species list is valid for 90 days.

We conducted preliminary habitat assessments to identify suitable habitat for the individual species
listed on the official species list. Detailed botanical surveys were conducted within the optimal survey
windows for the listed plant species. The preliminary habitat assessments included assessing the physical
characteristics of the streams, identifying forest types, and looking for evidence of the listed species on-
site. This survey did not include any detailed sampling or netting of aquatic species, nor did it include
any detailed mist netting or acoustic surveys for bat species. The results of the search are discussed
below.
September 27, 2023
S&EC Project #14953.W11

Yardly Buffaloe Village – S&EC Threatened & Endangered Species Report
Page 2 of 6
RESULTS:
The FWS official species list identified the following species for the Evaluation limits:
• Tricolored Bat, (Perimyotis subflavus), Proposed Endangered
• Red-cockaded Woodpecker (Picoides borealis), Endangered
• Neuse River Waterdog (Necturus lewisi), Threatened
• Carolina Madtom (Noturus furiosus), Endangered
• Atlantic Pigtoe (Fusconaia masoni), Threatened
• Dwarf Wedgemussel (Alasmidonta heterodon), Endangered
• Monarch Butterfly (Danaus plexippus), Candidate
• Michaux’s Sumac (Rhus michauxii), Endangered

Of the species identified on the official species list, the NHP report did identify a Federally endangered
species within one mile of the project area. This historical occurrence is from 1902 and is for the
Carolina Madtom. Other State listed species were found within one mile of the project area as listed in
the attached NHP report. The NHP report identified two natural areas and twenty six managed areas
within one mile of the project area. These are listed out in the attached NHP Report.

TRICOLORED BAT (Perimyotis subflavus):
S&EC personnel conducted preliminary surveys of potential suitable habitat for the Tricolored Bat’s
within the project area. Relying upon the findings of the December 2021 Species Status Assessment
(SSA) Report for the Tricolored Bat. S&EC did not identify any vacant structures or culverts on-site or
within adjacent ROW large enough to be considered roosting habitat. Due to the nature of the project
being residential development, which will include tree removal, we concluded that the project would
“may affect, not likely to jeopardize the existence of the species” for TCB’s.

RED-COCKADED WOODPECKER (Picoides borealis):
S&EC personnel conducted preliminary surveys of potential suitable habitat (foraging and cavity trees)
for Red-cockaded Woodpeckers (RCWs) within the project area. During our evaluation, we found no
evidence of individual RCWs within the project area. The NHP report did not list any known elemental
occurrence within the project area or within one mile of the site. We found no ideal suitable habitat
September 27, 2023
S&EC Project #14953.W11

Yardly Buffaloe Village – S&EC Threatened & Endangered Species Report
Page 3 of 6
(e.g., Long Leaf pine forests) within the project area. Given the lack of suitable habitat, we concluded
that the project would have “No effect” on RCWs.

NEUSE RIVER WATERDOG (Necturus lewisi):
S&EC personnel conducted preliminary surveys of the streams on-site for potential suitable habitat for
the Neuse River Waterdog. The NHP report did not list any known elemental occurrence within the
project area or within one mile of the site. This species is found in the Neuse River and Tar River
basins. The suitable habitat this species is found in is typically medium to large streams and rivers with
a moderate gradient and large bed material. The Neuse River Waterdog also needs riffles, runs, and
pools. While we did not specifically sample for the species, we also did not find any evidence of the
species while conducting our preliminary surveys of the streams for potential suitable habitat.

Our preliminary survey concluded that potential suitable habitat does not exist on-site. The perennial
stream on-site was +/- 3 feet wide with medium baseflow and had a sandy silty substrate. Additionally,
the other streams on-site did not have suitable habitat. Due to these observations, we have concluded
that the project would have “No effect” on the Neuse River Waterdog. Please note that no stream
crossings are proposed.

CAROLINA MADTOM (Noturus furiosus):
S&EC personnel conducted preliminary surveys of the streams on-site for potential suitable habitat for
the Carolina Madtom. The NHP report did list a known historical elemental occurrence within one
mile of the site. This species is found in the Neuse River and Tar River basins. The suitable habitat this
species is found in is also medium to large streams and rivers with a moderate gradient and large bed
material. The Carolina Madtom also needs continuous year-round flow and cover for nesting habitat.
While we did not specifically sample for the species, we also did not find any evidence of the species
while conducting our preliminary surveys of the streams for potential suitable habitat.

Our preliminary survey concluded that potential suitable habitat does not exist on-site. The perennial
stream on-site was +/- 3 feet wide with medium baseflow and had a sandy silty substrate. Additionally,
the other streams on-site did not have suitable habitat. Due to these observations, we have concluded
September 27, 2023
S&EC Project #14953.W11

Yardly Buffaloe Village – S&EC Threatened & Endangered Species Report
Page 4 of 6
that the project would have “No effect” on the Carolina Madtom. Please note that no stream crossings
are proposed.

ATLANTIC PIGTOE (Fusconaia masoni):
S&EC personnel conducted preliminary surveys of the streams on-site for potential suitable habitat for
the Atlantic Pigtoe (Note: This did not include a detailed aquatic mussel survey for the presence of
mussels). The NHP report did not list any known elemental occurrence within the project area or
within one mile of the site. The suitable habitat for this species consists of medium sized creeks to large
rivers with excellent water quality. This species typically lives in streams with coarse sand and gravel
with moderate to high flowing water. While we did not specifically sample for the species, we also did
not find any evidence of the species while conducting our preliminary surveys of the streams for
potential suitable habitat.

Our preliminary survey concluded that potential suitable habitat does not exist on-site. The perennial
stream on-site was +/- 3 feet wide with medium baseflow and had a sandy silty substrate. Additionally,
the other streams on-site did not have suitable habitat. Due to these observations, we have concluded
that the project would have “No effect” on the Atlantic Pigtoe. Please note that no stream crossings are
proposed.

DWARF WEDGEMUSSEL (Alasmidonta heterodon):
S&EC personnel conducted preliminary surveys of the streams on-site for potential suitable habitat for
the Dwarf Wedgemussel (Note: This did not include a detailed aquatic mussel survey for the presence of
mussels). The NHP report did not list any known elemental occurrence within the project area or
within one mile of the site. The Dwarf Wedgemussel has little to no preference for stream size, flow
condition or bed material. Based on guidance from the USFWS staff, only 2nd order and larger perennial
streams are considered suitable habitat. While we did not conduct detailed mussel surveys, no mussels
(of any species) were observed during the preliminary suitable habitat survey.

Our preliminary survey concluded that potential suitable habitat does not exist on-site. The perennial
stream on-site was +/- 3 feet wide with medium baseflow and had a sandy silty substrate. Additionally,
the other streams on-site did not have suitable habitat. Due to these observations, we have concluded
September 27, 2023
S&EC Project #14953.W11

Yardly Buffaloe Village – S&EC Threatened & Endangered Species Report
Page 5 of 6
that the project would have “No effect” on the Dwarf Wedgemussel. Please note that no stream
crossings are proposed.

MONARCH BUTTERFLY (Danaus plexippus):
The Monarch Butterfly is currently listed as a candidate species, and not yet listed or proposed for
listing as threatened or endangered. Due to the current status of Monarch Butterfly, consultation with
USFWS under section 7 of the Endangered Species Act is not required. FWS recommends conserving
pollinator habitat where practicable.

MICHAUX’S SUMAC (Rhus michauxii):
S&EC personnel conducted preliminary surveys of suitable habitat within the project area. We visited
a known population of Michaux’s sumac within Wake County prior to conducting our preliminary
surveys. We found no individual Michaux’s Sumac species within the project area. The NHP report
did not list any known elemental occurrence within the project area. We found suitable habitat within
the project areas to include primarily disturbed open areas along field edges. Given the lack of species
present within the project area, we concluded that the project would have “No effect” on Michaux’s
sumac.

BALD EAGLE (Haliaeetus leucocephalus):
S&EC personnel conducted preliminary surveys of suitable habitat, nesting sites, and individual Bald
Eagles within the project area. During our survey, we found no evidence of Bald Eagles or any nesting
sites within the project area. The NHP report did not identify any known nests on-site or within one
mile of the site. Given the lack of species present, we have concluded that the project is “Unlikely to
disturb nesting bald eagles”. We believe no Eagle Act Permit is required.

CONCLUSION:
After completing the habitat assessments and preliminary surveys, S&EC completed the attached
“Species Conclusion Table” and “Self-Certification Letter”. Using language typically used by the FWS
in their conclusion letters, we have concluded that it appears the proposed project is not likely to
adversely affect any federally listed endangered or threatened species, their formally designated
September 27, 2023
S&EC Project #14953.W11

Yardly Buffaloe Village – S&EC Threatened & Endangered Species Report
Page 6 of 6
critical habitat, or species currently proposed for listing under the Endangered Species Act (ESA).
We strongly recommend requesting a concurrence letter from the FWS.

Sincerely,
SOIL AND ENVIRONMENTAL CONSULTANTS, PA

Mason Montgomery
Environmental Scientist, Wetlands Department

Attachments:
1. USGS Vicinity Map
2. Soil Survey Vicinity Map
3. Aerial Map
4. Photo Report
5. Overall Site Plan
6. FWS List of threatened and endangered species that occur in your proposed location, and/or may be affected by
your proposed project. Official Species List. September 25, 2023.
7. NHP Report: September 25, 2023.
8. S&EC – FWS Species Conclusion Table. September 27, 2023.
9. S&EC – FWS Self-Certification Letter. September 27, 2023.

References:

-North Carolina Natural Heritage Program. 2017. Biotics Database. Department of Environment and Natural Resources,
Raleigh, North Carolina.

-US Fish and Wildlife Service. Information for Planning and Consultation (IPaC) & Raleigh Ecological Services Field
Office Online Project Reviews website.

-U.S. Fish and Wildlife Service. 2021. Species status assessment report for the Atlantic Pigtoe (Fusconaia masoni). Version
1.2. December 2021. Atlanta, GA.

-U.S. Fish and Wildlife Service. 1993. Michaux’s Sumac Recovery Plan. Atlanta, Georgia:
U.S. Fish and Wildlife Service. 30pp.

-U.S. Fish and Wildlife Service. 2003. Recovery Plan for the Red-cockaded Woodpecker (Picoides borealis)
Second Revision. Atlanta GA 316 pp.

-U.S. Fish and Wildlife Service/ Southeast Region. 2021. Carolina Madtom. Species Profile.
https://www.fws.gov/southeast/wildlife/fishes/Carolina-madtom/.

- U.S. Fish and Wildlife Service/ Southeast Region. 2021. Neuse River Waterdog... Species Profile.
https://www.fws.gov/southeast/wildlife/amphibians/neuse-river-waterdog/

-U.S. Fish and Wildlife Service. 2021. Species Assessment (SSA) Report for the Tricolored Bat (Perimyotis subflavus)
Version 1.1. Hadley, MA.

-U.S Fish and Wildlife Service. 2022 Recommended Minimum Culvert Dimensions for Bat Roost Surveys in Western
North Carolina. Ashville, NC.
USGS The National Map: National Boundaries Dataset, 3DEP Elevation
Program, Geographic Names Information System, National Hydrography
Dataset, National Land Cover Database, National Structures Dataset, and
National Transportation Dataset; USGS Global Ecosystems; U.S. Census
Bureau TIGER/Line data; USFS Road Data; Natural Earth Data; U.S.
Department of State Humanitarian Information Unit; and NOAA National
Centers for Environmental Information, U.S. Coastal Relief Model. Data
refreshed June, 2022.
Project Number:
KMProject Manager:
1" = 1000'Scale:
09/27/2023Date:
Map Title:
Source:
USGS Map
Yardly Buffaloe Village
Wake County, NC
USGS National Map
¯0 1,000 2,000
Feet
14953.W11
NC Center for Geographic Information & Analysis
Project Number:
KMProject Manager:
1" = 500'Scale:
09/27/2023Date:Source:
Map Title:
Soil Survey Map
Yardly Buffaloe Village
Wake County, NC
Soil Survey Sheet No. 41
¯0 500 1,000
Feet
14953.W11
Prepared by: AJK
Aerials from NC One Map (2021)
Aerial Photo Map
09/27/2023
1" = 150'
Scale:
KM
14953.W11
Project Mgr.:
Project No.
.
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Yardly Buffaloe Village
Wake County, NC
Legend
Potentially Jurisdictional Perrenial Stream
Evaluation Area
Potentially Jurisdictional Intermittent Stream
Potentially Jurisdictional Linear Wetland
Potential 50 ft Buffer
Potentially Jurisdictional Wetland
2'Contours
Job #: 14953.W11
September 27, 2023
1
Threatened and Endangered Species Photo Report for the Yardly Buffaloe Village

Photo 1: Wetland
Photo 2: Perennial stream

Job #: 14953.W11
September 27, 2023
2
Photo 3: Perennial stream

Photo 4: Intermittent stream

Job #: 14953.W11
September 27, 2023
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Photo 5: Wetland

Photo 6: Field edge

Job #: 14953.W11
September 27, 2023
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Photo 7: Field edge

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PROPOSED
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±1.67 AC
(72,864 SF)
PROPOSED
LOT 7
±1.80 AC
(78,511 SF)
PROPOSED
LOT 3
±1.00 AC
(43,403 SF)
PROPOSED
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This document, together with the concepts and designs presented herein, as an instrument of service, is intended only for the specific purpose and client for which it was prepared. Reuse of and improper reliance on this document without written authorization and adaptation by Kimley-Horn and Associates, Inc. shall be without liability to Kimley-Horn and Associates, Inc.
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PROPOSED IMPROVEMENTS LEGEND
TOP OF BANK
TRAFFIC ARROWS
SIGNS - MONUMENT /
PYLON
SIGNS - SINGLE /
DOUBLE
SITE LIGHTING
PRIMARY TREECONSERVATION AREA
SECONDARY TREECONSERVATION AREA
FUT-ROW RIGHT-OF-WAYPROPERTY BOUNDARY
STOP BAR, "STOP"
MARKING & SIGN
CURB AND GUTTER
20' NEUSE RIVER
BUFFER 50' NEUSE RIVER
BUFFER
WETLAND
September 25, 2023
United States Department of the Interior
FISH AND WILDLIFE SERVICE
Raleigh Ecological Services Field Office
Post Office Box 33726
Raleigh, NC 27636-3726
Phone: [phone] Fax: [phone]
In Reply Refer To:
Project Code: 2023-0132678
Project Name: Yardley Buffaloe
Subject:List of threatened and endangered species that may occur in your proposed project
location or may be affected by your proposed project
To Whom It May Concern:
The enclosed species list identifies threatened, endangered, proposed and candidate species, as
well as proposed and final designated critical habitat, that may occur within the boundary of your
proposed project and/or may be affected by your proposed project. The species list fulfills the
requirements of the U.S. Fish and Wildlife Service (Service) under section 7(c) of the
Endangered Species Act (Act) of 1973, as amended (16 U.S.C. 1531 et seq.). If your project area 
contains suitable habitat for any of the federally-listed species on this species list, the proposed
action has the potential to adversely affect those species.  If suitable habitat is present, surveys 
should be conducted to determine the species’ presence or absence within the project area. The 
use of this species list and/or North Carolina Natural Heritage program data should not be
substituted for actual field surveys.  
New information based on updated surveys, changes in the abundance and distribution of
species, changed habitat conditions, or other factors could change this list. Please feel free to
contact us if you need more current information or assistance regarding the potential impacts to
federally proposed, listed, and candidate species and federally designated and proposed critical
habitat. Please note that under 50 CFR 402.12(e) of the regulations implementing section 7 of the
Act, the accuracy of this species list should be verified after 90 days. This verification can be
completed formally or informally as desired. The Service recommends that verification be
completed by visiting the IPaC website at regular intervals during project planning and
implementation for updates to species lists and information. An updated list may be requested
through the IPaC system by completing the same process used to receive the enclosed list.
The purpose of the Act is to provide a means whereby threatened and endangered species and the
ecosystems upon which they depend may be conserved. Under sections 7(a)(1) and 7(a)(2) of the
Act and its implementing regulations (50 CFR 402 et seq.), Federal agencies are required to
utilize their authorities to carry out programs for the conservation of threatened and endangered
09/25/2023   2

species and to determine whether projects may affect threatened and endangered species and/or
designated critical habitat.
A Biological Assessment is required for construction projects (or other undertakings having
similar physical impacts) that are major Federal actions significantly affecting the quality of the
human environment as defined in the National Environmental Policy Act (42 U.S.C. 4332(2)
(c)). For projects other than major construction activities, the Service suggests that a biological
evaluation similar to a Biological Assessment be prepared to determine whether the project may
affect listed or proposed species and/or designated or proposed critical habitat. Recommended
contents of a Biological Assessment are described at 50 CFR 402.12.
If a Federal agency determines, based on the Biological Assessment or biological evaluation, that
listed species and/or designated critical habitat may be affected by the proposed project, the
agency is required to consult with the Service pursuant to 50 CFR 402. In addition, the Service
recommends that candidate species, proposed species and proposed critical habitat be addressed
within the consultation. More information on the regulations and procedures for section 7
consultation, including the role of permit or license applicants, can be found in the "Endangered
Species Consultation Handbook" at:
https://www.fws.gov/sites/default/files/documents/endangered-species-consultation-
handbook.pdf
Migratory Birds: In addition to responsibilities to protect threatened and endangered species
under the Endangered Species Act (ESA), there are additional responsibilities under the
Migratory Bird Treaty Act (MBTA) and the Bald and Golden Eagle Protection Act (BGEPA) to
protect native birds from project-related impacts. Any activity, intentional or unintentional,
resulting in take of migratory birds, including eagles, is prohibited unless otherwise permitted by
the U.S. Fish and Wildlife Service (50 C.F.R. Sec. 10.12 and 16 U.S.C. Sec. 668(a)). For more
information regarding these Acts, see https://www.fws.gov/program/migratory-bird-permit/what-
we-do.
The MBTA has no provision for allowing take of migratory birds that may be unintentionally
killed or injured by otherwise lawful activities. It is the responsibility of the project proponent to
comply with these Acts by identifying potential impacts to migratory birds and eagles within
applicable NEPA documents (when there is a federal nexus) or a Bird/Eagle Conservation Plan
(when there is no federal nexus). Proponents should implement conservation measures to avoid
or minimize the production of project-related stressors or minimize the exposure of birds and
their resources to the project-related stressors. For more information on avian stressors and
recommended conservation measures, see https://www.fws.gov/library/collections/threats-birds.
In addition to MBTA and BGEPA, Executive Order 13186: Responsibilities of Federal Agencies
to Protect Migratory Birds, obligates all Federal agencies that engage in or authorize activities
that might affect migratory birds, to minimize those effects and encourage conservation measures
that will improve bird populations. Executive Order 13186 provides for the protection of both
migratory birds and migratory bird habitat. For information regarding the implementation of
Executive Order 13186, please visit https://www.fws.gov/partner/council-conservation-
migratory-birds.
09/25/2023   3

▪
▪
▪
▪
We appreciate your concern for threatened and endangered species. The Service encourages
Federal agencies to include conservation of threatened and endangered species into their project
planning to further the purposes of the Act. Please include the Consultation Code in the header of
this letter with any request for consultation or correspondence about your project that you submit
to our office.
Attachment(s):
Official Species List
USFWS National Wildlife Refuges and Fish Hatcheries
Bald & Golden Eagles
Migratory Birds
OFFICIAL SPECIES LIST
This list is provided pursuant to Section 7 of the Endangered Species Act, and fulfills the
requirement for Federal agencies to "request of the Secretary of the Interior information whether
any species which is listed or proposed to be listed may be present in the area of a proposed
action".
This species list is provided by:
Raleigh Ecological Services Field Office
Post Office Box 33726
Raleigh, NC 27636-3726
[phone]
09/25/2023   4

PROJECT SUMMARY
Project Code:2023-0132678
Project Name:Yardley Buffaloe
Project Type:Residential Construction
Project Description:This project is located in Wake County, NC and is approximately 35
acres.
Project Location:
The approximate location of the project can be viewed in Google Maps: https://
www.google.com/maps/@35.842308349999996,-78.51379190777043,14z
Counties:Wake County, North Carolina
09/25/2023   5

1.
ENDANGERED SPECIES ACT SPECIES
There is a total of 8 threatened, endangered, or candidate species on this species list.
Species on this list should be considered in an effects analysis for your project and could include
species that exist in another geographic area. For example, certain fish may appear on the species
list because a project could affect downstream species.
IPaC does not display listed species or critical habitats under the sole jurisdiction of NOAA
Fisheries , as USFWS does not have the authority to speak on behalf of NOAA and the
Department of Commerce.
See the "Critical habitats" section below for those critical habitats that lie wholly or partially
within your project area under this office's jurisdiction. Please contact the designated FWS office
if you have questions.
NOAA Fisheries, also known as the National Marine Fisheries Service (NMFS), is an
office of the National Oceanic and Atmospheric Administration within the Department of
Commerce.
MAMMALS
NAME STATUS
Tricolored Bat Perimyotis subflavus
No critical habitat has been designated for this species.
Species profile: https://ecos.fws.gov/ecp/species/10515
Proposed
Endangered
BIRDS
NAME STATUS
Red-cockaded Woodpecker Picoides borealis
No critical habitat has been designated for this species.
Species profile: https://ecos.fws.gov/ecp/species/7614
Endangered
AMPHIBIANS
NAME STATUS
Neuse River Waterdog Necturus lewisi
There is final critical habitat for this species. Your location does not overlap the critical habitat.
Species profile: https://ecos.fws.gov/ecp/species/6772
Threatened
FISHES
NAME STATUS
Carolina Madtom Noturus furiosus
There is final critical habitat for this species. Your location does not overlap the critical habitat.
Species profile: https://ecos.fws.gov/ecp/species/528
Endangered
1
09/25/2023   6

CLAMS
NAME STATUS
Atlantic Pigtoe Fusconaia masoni
There is final critical habitat for this species. Your location does not overlap the critical habitat.
Species profile: https://ecos.fws.gov/ecp/species/5164
Threatened
Dwarf Wedgemussel Alasmidonta heterodon
No critical habitat has been designated for this species.
Species profile: https://ecos.fws.gov/ecp/species/784
Endangered
INSECTS
NAME STATUS
Monarch Butterfly Danaus plexippus
No critical habitat has been designated for this species.
Species profile: https://ecos.fws.gov/ecp/species/9743
Candidate
FLOWERING PLANTS
NAME STATUS
Michaux's Sumac Rhus michauxii
No critical habitat has been designated for this species.
Species profile: https://ecos.fws.gov/ecp/species/5217
Endangered
CRITICAL HABITATS
THERE ARE NO CRITICAL HABITATS WITHIN YOUR PROJECT AREA UNDER THIS OFFICE'S
JURISDICTION.
YOU ARE STILL REQUIRED TO DETERMINE IF YOUR PROJECT(S) MAY HAVE EFFECTS ON ALL
ABOVE LISTED SPECIES.
USFWS NATIONAL WILDLIFE REFUGE LANDS
AND FISH HATCHERIES
Any activity proposed on lands managed by the National Wildlife Refuge system must undergo a
'Compatibility Determination' conducted by the Refuge. Please contact the individual Refuges to
discuss any questions or concerns.
THERE ARE NO REFUGE LANDS OR FISH HATCHERIES WITHIN YOUR PROJECT AREA.
BALD & GOLDEN EAGLES
Bald and golden eagles are protected under the Bald and Golden Eagle Protection Act and the
Migratory Bird Treaty Act .
1
2
09/25/2023   7

1.
2.
3.
 no data survey effort breeding season probability of presence
Any person or organization who plans or conducts activities that may result in impacts to bald or
golden eagles, or their habitats , should follow appropriate regulations and consider
implementing appropriate conservation measures, as described below.
The Bald and Golden Eagle Protection Act of 1940.
The Migratory Birds Treaty Act of 1918.
50 C.F.R. Sec. 10.12 and 16 U.S.C. Sec. 668(a)
There are bald and/or golden eagles in your project area.
For guidance on when to schedule activities or implement avoidance and minimization measures
to reduce impacts to migratory birds on your list, click on the PROBABILITY OF PRESENCE
SUMMARY at the top of your list to see when these birds are most likely to be present and
breeding in your project area.
NAME BREEDING SEASON
Bald Eagle Haliaeetus leucocephalus
This is not a Bird of Conservation Concern (BCC) in this area, but warrants attention
because of the Eagle Act or for potential susceptibilities in offshore areas from certain
types of development or activities.
Breeds Sep 1 to
Jul 31
PROBABILITY OF PRESENCE SUMMARY
The graphs below provide our best understanding of when birds of concern are most likely to be
present in your project area. This information can be used to tailor and schedule your project
activities to avoid or minimize impacts to birds. Please make sure you read the supplemental
information and specifically the FAQ "Proper Interpretation and Use of Your Migratory Bird
Report" before using or attempting to interpret this report.
Probability of Presence ()
Green bars; the bird's relative probability of presence in the 10km grid cell(s) your project
overlaps during that week of the year.
Breeding Season ()
Yellow bars; liberal estimate of the timeframe inside which the bird breeds across its entire
range.
Survey Effort ()
Vertical black lines; the number of surveys performed for that species in the 10km grid cell(s)
your project area overlaps.
No Data ()
A week is marked as having no data if there were no survey events for that week.
3
09/25/2023   8

▪
▪
▪
▪
1.
2.
3.
SPECIES JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC
Bald Eagle
Non-BCC
Vulnerable
Additional information can be found using the following links:
Eagle Managment https://www.fws.gov/program/eagle-management
Measures for avoiding and minimizing impacts to birds https://www.fws.gov/library/
collections/avoiding-and-minimizing-incidental-take-migratory-birds
Nationwide conservation measures for birds https://www.fws.gov/sites/default/files/
documents/nationwide-standard-conservation-measures.pdf
Supplemental Information for Migratory Birds and Eagles in IPaC https://www.fws.gov/
media/supplemental-information-migratory-birds-and-bald-and-golden-eagles-may-occur-
project-action
MIGRATORY BIRDS
Certain birds are protected under the Migratory Bird Treaty Act and the Bald and Golden Eagle
Protection Act .
Any person or organization who plans or conducts activities that may result in impacts to
migratory birds, eagles, and their habitats should follow appropriate regulations and consider
implementing appropriate conservation measures, as described below.
The Migratory Birds Treaty Act of 1918.
The Bald and Golden Eagle Protection Act of 1940.
50 C.F.R. Sec. 10.12 and 16 U.S.C. Sec. 668(a)
For guidance on when to schedule activities or implement avoidance and minimization measures
to reduce impacts to migratory birds on your list, click on the PROBABILITY OF PRESENCE
SUMMARY at the top of your list to see when these birds are most likely to be present and
breeding in your project area.
NAME
BREEDING
SEASON
Bald Eagle Haliaeetus leucocephalus
This is not a Bird of Conservation Concern (BCC) in this area, but warrants attention
because of the Eagle Act or for potential susceptibilities in offshore areas from certain types
of development or activities.
Breeds Sep 1 to
Jul 31
1
2
3
09/25/2023   9

NAME
BREEDING
SEASON
Black-billed Cuckoo Coccyzus erythropthalmus
This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA
and Alaska.
https://ecos.fws.gov/ecp/species/9399
Breeds May 15
to Oct 10
Chimney Swift Chaetura pelagica
This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA
and Alaska.
Breeds Mar 15
to Aug 25
Kentucky Warbler Oporornis formosus
This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA
and Alaska.
Breeds Apr 20
to Aug 20
Prairie Warbler Dendroica discolor
This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA
and Alaska.
Breeds May 1
to Jul 31
Prothonotary Warbler Protonotaria citrea
This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA
and Alaska.
Breeds Apr 1 to
Jul 31
Red-headed Woodpecker Melanerpes erythrocephalus
This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA
and Alaska.
Breeds May 10
to Sep 10
Rusty Blackbird Euphagus carolinus
This is a Bird of Conservation Concern (BCC) only in particular Bird Conservation Regions
(BCRs) in the continental USA
Breeds
elsewhere
Wood Thrush Hylocichla mustelina
This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA
and Alaska.
Breeds May 10
to Aug 31
PROBABILITY OF PRESENCE SUMMARY
The graphs below provide our best understanding of when birds of concern are most likely to be
present in your project area. This information can be used to tailor and schedule your project
activities to avoid or minimize impacts to birds. Please make sure you read the supplemental
information and specifically the FAQ "Proper Interpretation and Use of Your Migratory Bird
Report" before using or attempting to interpret this report.
Probability of Presence ()
Green bars; the bird's relative probability of presence in the 10km grid cell(s) your project
overlaps during that week of the year.
Breeding Season ()
Yellow bars; liberal estimate of the timeframe inside which the bird breeds across its entire
range.
09/25/2023   10

▪
▪
 no data survey effort breeding season probability of presence
Survey Effort ()
Vertical black lines; the number of surveys performed for that species in the 10km grid cell(s)
your project area overlaps.
No Data ()
A week is marked as having no data if there were no survey events for that week.
SPECIES JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC
Bald Eagle
Non-BCC
Vulnerable
Black-billed
Cuckoo
BCC Rangewide
(CON)
Chimney Swift
BCC Rangewide
(CON)
Kentucky Warbler
BCC Rangewide
(CON)
Prairie Warbler
BCC Rangewide
(CON)
Prothonotary
Warbler
BCC Rangewide
(CON)
Red-headed
Woodpecker
BCC Rangewide
(CON)
Rusty Blackbird
BCC - BCR
Wood Thrush
BCC Rangewide
(CON)
Additional information can be found using the following links:
Eagle Management https://www.fws.gov/program/eagle-management
Measures for avoiding and minimizing impacts to birds https://www.fws.gov/library/
collections/avoiding-and-minimizing-incidental-take-migratory-birds
09/25/2023   11

▪
▪
Nationwide conservation measures for birds https://www.fws.gov/sites/default/files/
documents/nationwide-standard-conservation-measures.pdf
Supplemental Information for Migratory Birds and Eagles in IPaC https://www.fws.gov/
media/supplemental-information-migratory-birds-and-bald-and-golden-eagles-may-occur-
project-action
09/25/2023   12

IPAC USER CONTACT INFORMATION
Agency:Soil & Environmental Consultants, PA
Name:Mason Montgomery
Address:8412 Falls of Neuse Road
Address Line 2:Suite 104
City:Raleigh
State:NC
Zip:27615
Email [e-mail]
Phone:[phone]
NCNHDE-23341
September 15, 2023
Robert Zarzecki
Soil & Environmental Consultants, PA
8412 Falls of Neuse Road, Suite 104
Raleigh, NC 27615
RE: Foresville & Buffalo; 14953.W7
Dear Robert Zarzecki:
The North Carolina Natural Heritage Program (NCNHP) appreciates the opportunity to provide
information about natural heritage resources for the project referenced above.
Based on the project area mapped with your request, a query of the NCNHP database indicates that
there are no records for rare species, important natural communities, natural areas, and/or
conservation/managed areas within the proposed project boundary. Please note that although there
may be no documentation of natural heritage elements within the project boundary, it does not
imply or confirm their absence; the area may not have been surveyed. The results of this query
should not be substituted for field surveys where suitable habitat exists. In the event that rare
species are found within the project area, please contact the NCNHP so that we may update our
records.
The attached ‘Potential Occurrences’ table summarizes rare species and natural communities that
have been documented within a one-mile radius of the property boundary. The proximity of these
records suggests that these natural heritage elements may potentially be present in the project area
if suitable habitat exists. Tables of natural areas and conservation/managed areas within a one-mile
radius of the project area, if any, are also included in this report.
If a Federally-listed species is found within the project area or is indicated within a one-mile radius of
the project area, the NCNHP recommends contacting the US Fish and Wildlife Service (USFWS) for
guidance. Contact information for USFWS offices in North Carolina is found here:
https://www.fws.gov/offices/Directory/ListOffices.cfm?statecode=37.
Please note that natural heritage element data are maintained for the purposes of conservation
planning, project review, and scientific research, and are not intended for use as the primary criteria
for regulatory decisions. Information provided by the NCNHP database may not be published
without prior written notification to the NCNHP, and the NCNHP must be credited as an information
source in these publications. Maps of NCNHP data may not be redistributed without permission.
The NC Natural Heritage Program may follow this letter with additional correspondence if a
Dedicated Nature Preserve, Registered Heritage Area, Land and Water Fund easement, or Federally-
listed species are documented near the project area.
If you have questions regarding the information provided in this letter or need additional assistance,
please contact Rodney A. Butler at [e-mail] or 919-707-8603.
Sincerely,
NC Natural Heritage Program
Natural Heritage Element Occurrences, Natural Areas, and Managed Areas Within a One-mile Radius of the Project Area
Foresville & Buffalo
Project No. 14953.W7
September 15, 2023
NCNHDE-23341
Element Occurrences Documented Within a One-mile Radius of the Project Area
Taxonomic
Group
EO ID Scientific Name Common Name Last
Observation
Date
Element
Occurrence
Rank
Accuracy Federal
Status
State
Status
Global
Rank
State
Rank
Dragonfly or
Damselfly
32043 Coryphaeschna ingens Regal Darner 2004-Pre H? 5-Very
Low
--- Significantly
Rare
G5 S2?
Freshwater
Bivalve
25712 Alasmidonta undulata Triangle Floater 2021-08-25 E 3-Medium --- Threatened G4 S3
Freshwater
Bivalve
19137 Lampsilis radiata Eastern Lampmussel 2021-08-25 E 3-Medium --- Threatened G5 S3
Freshwater Fish10676 Noturus furiosus Carolina Madtom 1902-08-18 H 3-Medium Endangered Endangered G2 S2
Natural Areas Documented Within a One-mile Radius of the Project Area
Site Name Representational Rating Collective Rating
Upper Neuse River Floodplain R2 (Very High)C3 (High)
NEU/Neuse River Aquatic Habitat R3 (High)C3 (High)
Managed Areas Documented Within a One-mile Radius of the Project Area
Managed Area Name Owner Owner Type
City of Raleigh Greenway City of Raleigh Local Government
City of Raleigh Greenway - Neuse River Greenway City of Raleigh Local Government
City of Raleigh Open Space - Buffaloe Road Athletic
Park
City of Raleigh Local Government
City of Raleigh Open Space - Buffaloe Road Canoe
Access Area
City of Raleigh Local Government
City of Raleigh Open Space - Planned
Neighborhood Park NPS-16
City of Raleigh Local Government
Mountains-to-Sea Trail NC DNCR, Division of Parks and Recreation State
NC Land and Water Fund Conservation Agreement NC DNCR, NC Land and Water Fund State
NC Land and Water Fund Conservation Agreement NC DNCR, NC Land and Water Fund State
NC Land and Water Fund Conservation Agreement NC DNCR, NC Land and Water Fund State
NC Land and Water Fund Conservation Agreement NC DNCR, NC Land and Water Fund State
NC Land and Water Fund Conservation Agreement NC DNCR, NC Land and Water Fund State
NC Land and Water Fund Conservation Agreement NC DNCR, NC Land and Water Fund State
NC Land and Water Fund Conservation Agreement NC DNCR, NC Land and Water Fund State
Page 2 of 4
Managed Areas Documented Within a One-mile Radius of the Project Area
Managed Area Name Owner Owner Type
NC Land and Water Fund Conservation Agreement NC DNCR, NC Land and Water Fund State
NC Land and Water Fund Conservation Agreement NC DNCR, NC Land and Water Fund State
NC Land and Water Fund Conservation Agreement NC DNCR, NC Land and Water Fund State
NC Land and Water Fund Conservation Agreement NC DNCR, NC Land and Water Fund State
NC Land and Water Fund Conservation Agreement NC DNCR, NC Land and Water Fund State
NC Land and Water Fund Conservation Agreement NC DNCR, NC Land and Water Fund State
NC Land and Water Fund Conservation Agreement NC DNCR, NC Land and Water Fund State
NC Land and Water Fund Conservation Agreement NC DNCR, NC Land and Water Fund State
NC Land and Water Fund Conservation Agreement NC DNCR, NC Land and Water Fund State
NC Land and Water Fund Conservation Agreement NC DNCR, NC Land and Water Fund State
NC Land and Water Fund Conservation Agreement NC DNCR, NC Land and Water Fund State
City of Raleigh Easement City of Raleigh Local Government
City of Raleigh Easement City of Raleigh Local Government
Definitions and an explanation of status designations and codes can be found at https://ncnhde.natureserve.org/help. Data query generated on September 15, 2023; source: NCNHP, Summer (July) 2023.
Please resubmit your information request if more than one year elapses before project initiation as new information is continually added to the NCNHP database.
Page 3 of 4
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Page 4 of 4
Species Conclusions Table
Project Name: Yardly Buffaloe Village
Date: September 27, 2023
Species / Resource Name Conclusion ESA Section 7 / Eagle Act Determination Notes / Documentation
Tricolored Bat
(Perimyotis subflavus)
Suitable habitat present May affect, not likely to jeopardize the
existence of the species
Preliminary habitat survey completed by
S&EC staff on September 27, 2023.
Red-cockaded Woodpecker
(Picoides borealis)
No suitable habitat present No effect Preliminary habitat survey completed by
S&EC staff on September 27, 2023.
Carolina Madtom
(Noturus furiosus)
No suitable habitat present No effect Preliminary habitat survey completed by
S&EC staff on September 27, 2023.
Atlantic Pigtoe
(Fusconaia masoni)
No suitable habitat present No effect Preliminary habitat survey completed by
S&EC staff on September 27, 2023.
Dwarf Wedgemussel
(Alasmidonta heterodon)
No suitable habitat present No effect Preliminary habitat survey completed by
S&EC staff on September 27, 2023.
Michaux’s Sumac
(Rhus michauxii)
Suitable habitat present,
species not present
No effect Preliminary habitat survey completed by
S&EC staff on September 27, 2023.
Bald Eagle
(Haliaeetus leucocephalus)
Unlikely to disturb nesting
Bald Eagles
No Eagle Act permit required Preliminary habitat survey completed by
S&EC staff on September 27, 2023.
Critical Habitat No critical habitat present No effect
Acknowledgement: I agree that the above information about my proposed project is true. I used all of the provided resources to make an
informed decision about impacts in the immediate and surrounding areas.

Mason Montgomery / Environmental Scientist, Wetlands Department at S&EC, PA September 27, 2023
Signature /Title Date

Raleigh Field Office
P.O. Box 33726
Raleigh, NC 27636-3726

Date:__________________________

Self-Certification Letter

Project Name______________________________

Dear Applicant:

Thank you for using the U.S. Fish and Wildlife Service (Service) Raleigh Ecological
Services online project review process. By printing this letter in conjunction with your
project review package, you are certifying that you have completed the online project
review process for the project named above in accordance with all instructions
provided, using the best available information to reach your conclusions. This letter,
and the enclosed project review package, completes the review of your project in
accordance with the Endangered Species Act of 1973 (16 U.S.C. 1531-1544, 87 Stat.
884), as amended (ESA), and the Bald and Golden Eagle Protection Act (16 U.S.C.
668-668c, 54 Stat. 250), as amended (Eagle Act). This letter also provides
information for your project review under the National Environmental Policy Act of
1969 (P.L. 91-190, 42 U.S.C. 4321-4347, 83 Stat. 852), as amended. A copy of this
letter and the project review package must be submitted to this office for this
certification to be valid. This letter and the project review package will be maintained
in our records.

The species conclusions table in the enclosed project review package summarizes
your ESA and Eagle Act conclusions. Based on your analysis, mark all the
determinations that apply:

“no effect” determinations for proposed/listed species and/or
proposed/designated critical habitat; and/or

“may affect, not likely to adversely affect” determinations for proposed/listed
species and/or proposed/designated critical habitat; and/or

“may affect, likely to adversely affect” determination for the Northern long-
eared bat (Myotis septentrionalis) and relying on the findings of the January 5,
2016, Programmatic Biological Opinion for the Final 4(d) Rule on the
Northern long-eared bat;

“no Eagle Act permit required” determinations for eagles.

Applicant Page 2

We certify that use of the online project review process in strict accordance with the
instructions provided as documented in the enclosed project review package results in
reaching the appropriate determinations. Therefore, we concur with the “no effect” or
“not likely to adversely affect” determinations for proposed and listed species and
proposed and designated critical habitat; the “may affect” determination for Northern
long-eared bat; and/or the “no Eagle Act permit required” determinations for eagles.
Additional coordination with this office is not needed. Candidate species are not
legally protected pursuant to the ESA. However, the Service encourages consideration
of these species by avoiding adverse impacts to them. Please contact this office for
additional coordination if your project action area contains candidate species.
Should project plans change or if additional information on the distribution of
proposed or listed species, proposed or designated critical habitat, or bald eagles
becomes available, this determination may be reconsidered. This certification letter is
valid for 1 year. Information about the online project review process including
instructions, species information, and other information regarding project reviews
within North Carolina is available at our website http://www.fws.gov/raleigh/pp.html.
If you have any questions, you can write to us at [e-mail] or please contact
Leigh Mann of this office at 919-856-4520, ext. 10.

Sincerely,

/s/Pete Benjamin

Pete Benjamin
Field Supervisor
Raleigh Ecological Services

Enclosures - project review package
NCNHDE-23341
September 15, 2023
Robert Zarzecki
Soil & Environmental Consultants, PA
8412 Falls of Neuse Road, Suite 104
Raleigh, NC 27615
RE: Foresville & Buffalo; 14953.W7
Dear Robert Zarzecki:
The North Carolina Natural Heritage Program (NCNHP) appreciates the opportunity to provide
information about natural heritage resources for the project referenced above.
Based on the project area mapped with your request, a query of the NCNHP database indicates that
there are no records for rare species, important natural communities, natural areas, and/or
conservation/managed areas within the proposed project boundary. Please note that although there
may be no documentation of natural heritage elements within the project boundary, it does not
imply or confirm their absence; the area may not have been surveyed. The results of this query
should not be substituted for field surveys where suitable habitat exists. In the event that rare
species are found within the project area, please contact the NCNHP so that we may update our
records.
The attached ‘Potential Occurrences’ table summarizes rare species and natural communities that
have been documented within a one-mile radius of the property boundary. The proximity of these
records suggests that these natural heritage elements may potentially be present in the project area
if suitable habitat exists. Tables of natural areas and conservation/managed areas within a one-mile
radius of the project area, if any, are also included in this report.
If a Federally-listed species is found within the project area or is indicated within a one-mile radius of
the project area, the NCNHP recommends contacting the US Fish and Wildlife Service (USFWS) for
guidance. Contact information for USFWS offices in North Carolina is found here:
https://www.fws.gov/offices/Directory/ListOffices.cfm?statecode=37.
Please note that natural heritage element data are maintained for the purposes of conservation
planning, project review, and scientific research, and are not intended for use as the primary criteria
for regulatory decisions. Information provided by the NCNHP database may not be published
without prior written notification to the NCNHP, and the NCNHP must be credited as an information
source in these publications. Maps of NCNHP data may not be redistributed without permission.
The NC Natural Heritage Program may follow this letter with additional correspondence if a
Dedicated Nature Preserve, Registered Heritage Area, Land and Water Fund easement, or Federally-
listed species are documented near the project area.
If you have questions regarding the information provided in this letter or need additional assistance,
please contact Rodney A. Butler at [e-mail] or 919-707-8603.
Sincerely,
NC Natural Heritage Program
Natural Heritage Element Occurrences, Natural Areas, and Managed Areas Within a One-mile Radius of the Project Area
Foresville & Buffalo
Project No. 14953.W7
September 15, 2023
NCNHDE-23341
Element Occurrences Documented Within a One-mile Radius of the Project Area
Taxonomic
Group
EO ID Scientific Name Common Name Last
Observation
Date
Element
Occurrence
Rank
Accuracy Federal
Status
State
Status
Global
Rank
State
Rank
Dragonfly or
Damselfly
32043 Coryphaeschna ingens Regal Darner 2004-Pre H?5-Very
Low
---Significantly
Rare
G5 S2?
Freshwater
Bivalve
25712 Alasmidonta undulata Triangle Floater 2021-08-25 E 3-Medium ---Threatened G4 S3
Freshwater
Bivalve
19137 Lampsilis radiata Eastern Lampmussel 2021-08-25 E 3-Medium ---Threatened G5 S3
Freshwater Fish 10676 Noturus furiosus Carolina Madtom 1902-08-18 H 3-Medium Endangered Endangered G2 S2
Natural Areas Documented Within a One-mile Radius of the Project Area
Site Name Representational Rating Collective Rating
Upper Neuse River Floodplain R2 (Very High)C3 (High)
NEU/Neuse River Aquatic Habitat R3 (High)C3 (High)
Managed Areas Documented Within a One-mile Radius of the Project Area
Managed Area Name Owner Owner Type
City of Raleigh Greenway City of Raleigh Local Government
City of Raleigh Greenway - Neuse River Greenway City of Raleigh Local Government
City of Raleigh Open Space - Buffaloe Road Athletic
Park
City of Raleigh Local Government
City of Raleigh Open Space - Buffaloe Road Canoe
Access Area
City of Raleigh Local Government
City of Raleigh Open Space - Planned
Neighborhood Park NPS-16
City of Raleigh Local Government
Mountains-to-Sea Trail NC DNCR, Division of Parks and Recreation State
NC Land and Water Fund Conservation Agreement NC DNCR, NC Land and Water Fund State
NC Land and Water Fund Conservation Agreement NC DNCR, NC Land and Water Fund State
NC Land and Water Fund Conservation Agreement NC DNCR, NC Land and Water Fund State
NC Land and Water Fund Conservation Agreement NC DNCR, NC Land and Water Fund State
NC Land and Water Fund Conservation Agreement NC DNCR, NC Land and Water Fund State
NC Land and Water Fund Conservation Agreement NC DNCR, NC Land and Water Fund State
NC Land and Water Fund Conservation Agreement NC DNCR, NC Land and Water Fund State
Page 2 of 4
Managed Areas Documented Within a One-mile Radius of the Project Area
Managed Area Name Owner Owner Type
NC Land and Water Fund Conservation Agreement NC DNCR, NC Land and Water Fund State
NC Land and Water Fund Conservation Agreement NC DNCR, NC Land and Water Fund State
NC Land and Water Fund Conservation Agreement NC DNCR, NC Land and Water Fund State
NC Land and Water Fund Conservation Agreement NC DNCR, NC Land and Water Fund State
NC Land and Water Fund Conservation Agreement NC DNCR, NC Land and Water Fund State
NC Land and Water Fund Conservation Agreement NC DNCR, NC Land and Water Fund State
NC Land and Water Fund Conservation Agreement NC DNCR, NC Land and Water Fund State
NC Land and Water Fund Conservation Agreement NC DNCR, NC Land and Water Fund State
NC Land and Water Fund Conservation Agreement NC DNCR, NC Land and Water Fund State
NC Land and Water Fund Conservation Agreement NC DNCR, NC Land and Water Fund State
NC Land and Water Fund Conservation Agreement NC DNCR, NC Land and Water Fund State
City of Raleigh Easement City of Raleigh Local Government
City of Raleigh Easement City of Raleigh Local Government
Definitions and an explanation of status designations and codes can be found at https://ncnhde.natureserve.org/help. Data query generated on September 15, 2023; source: NCNHP, Summer (July) 2023.
Please resubmit your information request if more than one year elapses before project initiation as new information is continually added to the NCNHP database.
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1
Kevin Martin
From:401PreFile <[e-mail]>
Sent:Wednesday, September 13, 2023 8:31 AM
To:Kevin Martin
Subject:Automatic reply: [External] prefiling meeting request
This email confirms receipt of your pre-filing meeting request. Please retain this email for your records and
submit this documentation as part of your 401 application (PCN Application) as required by federal law. DWR
will not be able to accept your application without this federally required documentation. 401 applications
received without documentation that a pre-filing meeting request was submitted at least 30 days prior will be
returned as incomplete.

Responses to this email are not monitored.

If you need to contact 401/Buffer Permitting Staff, please use the following link(s) to access of staff contact
list(s).

For Non-Transportation Central Staff:
https://deq.nc.gov/about/divisions/water-resources/water-quality-permitting/401-buffer-permitting/401-
buffer-permitting-contacts

For Non-Transportation Regional
Staff: https://edocs.deq.nc.gov/WaterResources/DocView.aspx?dbid=0&id=2162034&cr=1

For all Transportation Projects Including NCDOT Projects:
https://deq.nc.gov/about/divisions/water-resources/water-resources-permits/transportation-
permitting/staff-contacts

Email correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties by an authorized
state official.