20231420 Ver 1_DWR RFAI_20231208

Baker, Caroline D
From: Thomas, Zachary T
Sent: Friday, December 8, 2023 12:56 PM
To: Kevin Martin; Meyer, Laura J CIV USARMY CESAW (USA);
[e-mail]
Cc: Witt, Katie; Evan Conder
Subject: RE: [External] RE: SAW-2023-01446 Yardly Buffalo Village / 5221 & 5225 Forestville
Road / Raleigh NC / Wake County - Request for Additional Information
Good Afternoon,
I have reviewed your application and subsequent design changes provided 11/18/23 & 12/6/23 for the Yardly Buffalo
Project (DWR#20231420). Before I can proceed, I need clarification on a few items:
It appears that there was a change in jurisdictional status to features W2, LW1, & LW2 that are proposed to be
impacted. Please provide a copy of the correspondence indicating these features were determined to be non -
jurisdictional for our records.
Your updated PCN (12/6/23) contains riparian buffer impacts for Zone 1 (330 sq ft) and Zone 2 (2,245 sq ft) for a
non -parallel road crossing. However, your updated impact map (12/4/23) indicates a change to the road
crossing and depicts impacts to Zone 2 only (1,064 sq ft).
o Please confirm which buffer impact totals are correct.
o This type of buffer impact requires mitigation (15A NCAC 02B .0714 (11)(x)). Depending on your
response to the above question, please confirm the required amount of buffer mitigation proposed
(4,358 credits or 1,596 credits).
This application will be placed on hold and a written response to the above items is requested within 30 days.
If you have any questions, please let me know.
Thank you,
Zach Thomas
Environmental Program Consultant, Division of Water Resources
North Carolina Department of Environmental Quality
Office: [phone]
[e-mail]
Raleigh Regional Office
1628 Mail Service Center
Raleigh, NC 27699-1628
Email correspondence to and from this address is subject to the North Carolina Public Records Law
and may be disclosed to third parties.
From: Kevin Martin <[e-mail]>
Sent: Wednesday, December 6, 2023 10:41 AM

To: Meyer, Laura J CIV USARMY CESAW (USA) <[e-mail]>; [e-mail]
Cc: Thomas, Zachary T <[e-mail]>; Myers, Joseph M <[e-mail]>; Witt, Katie
<[e-mail]>; Evan Conder <[e-mail]>
Subject: [External] RE: SAW-2023-01446 Yardly Buffalo Village / 5221 & 5225 Forestville Road / Raleigh NC / Wake
County -Request for Additional Information
Importance: High
CAUTION: External email. Do not click links or open attachments unless verified. Report suspicious emails with the Report Message
button located on your Outlook menu bar on the Home tab.
Laura, please see the revised impact map (attached) and justification for the need for the impacts to W1 and part of LW3
in the email below from the project engineer. The road grading would have impacted LW1 and LW2 which are no longer
jurisdictional even if units and parking were eliminated, so we are not providing an exhibit that I referenced in my
11/18/23 email. The engineer has stated, " channelized flow is being provided to the east of units 41 and 42 to allow for
the pond discharge to make it to the stream and to provide an environment for wetlands to establish in that area as well
as continue to allow for hydrology inputs to the remainder of LW3 and the stream below. This will help to offset the
linear wetlands impacted by units 41 and 42". Please let us know if you need anything else to process the permit for this
project. Please note that impacts to LW3 have been further reduced so that the project total wetland impact is now
0.054ac, a revised PCN form is attached.
From: Witt, Katie <[e-mail]>
Sent: Thursday, November 30, 2023 4:23 PM
To: Kevin Martin <[e-mail]>; Evan Conder <[e-mail]>
Cc: Megan Ledbetter (MLed [e-mail]) <MLed [e-mail]>; Skylar White
([e-mail]) <[e-mail]>; David Hunter <[e-mail]>;
Holcomb, John <[e-mail]>
Subject: RE: SAW-2023-01446 Yardly Buffalo Village / 5221 & 5225 Forestville Road / Raleigh NC / Wake County -
Request for Additional Information
Kevi n,
Please see justification below for the parking area and residential units. I have also attached our updated impact exhibit.
The parking area impacting wetland 1 is required to provide units on the east side of the development with safe and
convenient parking without having to cross the main public road (Yardly Village Lane). Flow conveyance and wetland
function will be maintained behind units 41 and 42 through a new channel which will be planted with permanent wetland
seed mix.
Thank you!
Katie Witt, P.E. (NC, Tx)
Kimley-Horn 1 300 S Main Street, Suite 212, Holly Springs, NC 27540
Direct: 984 275 3559 1 Main: 984 212 4572
Celebrating 16 years as one of FORTUNE's 100 Best Companies to Work For
Kevin C Martin
Principal
NC Licensed Soil Scientist #1003
Senior Professional Wetland Scientist #851
Soil & Environmental Consultants, Inc
North Quarter Office Park

8412 Falls of Neuse Road, Suite 104
Raleigh, NC 27615
Mobile [phone]
[e-mail]
Visit us at sandec.com
From: Kevin Martin
Sent: Saturday, November 18, 2023 8:34 AM
To: Meyer, Laura J CIV USARMY CESAW (USA) <[e-mail]>; [e-mail]
Cc: [e-mail]; [e-mail]; Witt, Katie <[e-mail]>; Evan Conder
<[e-mail]>
Subject: SAW-2023-01446 Yardly Buffalo Village / 5221 & 5225 Forestville Road / Raleigh NC / Wake County - Request
for Additional Information
Importance: High
Laura, based on the decision that Wetland 2, Linear wetland 1 (LW1) & linear wetland 2 (LW2) are not jurisdictional I
have revised the PCN form on pages 5 & 6 (attached) to indicate that the proposed total wetland impacts are now
0.0582 acre and that no wetland mitigation is proposed. I have asked the project engineer to revise the impact maps
accordingly and will forward those when I receive them.
Also, I presume that item 3 in your email below no longer needs to be addressed since LW2 is not jurisdictional.
In regard to the first part of item 2 in your email below, since W2 has been determined not to be jurisdictional, I assume
the question regarding units 21-22 is no longer a concern. For the question in item 2 regarding units 41-46, the engineer
has advised that due to geometrical and topographical constraints, the road adjacent to units 41-46 sits higher than
existing grade. If units 41-46 were removed, the wetlands in this area would still be impacted by the road grading. I have
asked that they prepare an exhibit that demonstrates that this is the case and will forward it when I receive it.
So pending the receipt of the two items above, I believe I have addressed all your questions. Let me know if you have
others.
Kevin C Martin
Principal
NC Licensed Soil Scientist #1003
Professional Wetland Scientist #851
Soil & Environmental Consultants, PA
North Quarter Office Park
8412 Falls of Neuse Road, Suite 104
Raleigh, NC 27615
Mobile [phone]
[e-mail]
Visit us at sandec.com
From: Kevin Martin <[e-mail]>
Sent: Monday, November 6, 2023 4:44 PM
To: Meyer, Laura J CIV USARMY CESAW (USA) <[e-mail]>; [e-mail]
Cc: [e-mail]; [e-mail]
Subject: Re: SAW-2023-01446 Yardly Buffalo Village / 5221 & 5225 Forestville Road / Raleigh NC / Wake County -
Request for Additional Information
Laura as far as your item la, we would like for you to evaluate wetland 2 (your optionl) to determine if it is jurisdictional
I had discussed this with Lyle several times in the past since he felt like there was a good chance even before the new
Supreme Court determination that it would not be jurisdictional. I gave detailed directions how to best access this area.
If you did not get them from Lyle let me know and I will resend. please let me know if you want someone to meet you
there.

I included an SOA for mitigation from an approved wetland bank with the application in case W2 is determined to be
jurisdictional so we should be covered there and that should address Item 4 in your email.
I will ask the project engineer and developer to address your items 2 and 3 in your email and wlll get back with you with
their response as soon as I can.
Kevin Martin
Sent from my Verizon, Samsung Galaxy smartphone
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From: Meyer, Laura J CIV USARMY CESAW (USA) <[e-mail]>
Sent: Monday, November 6, 2023 4:17:49 PM
To: Kevin Martin <[e-mail]>; [e-mail] <MLed [e-mail]>
Cc: [e-mail] <[e-mail]>; [e-mail]
<joseph. myers@deg. nc.�ov>
Subject: SAW-2023-01446 Yardly Buffalo Village / 5221 & 5225 Forestville Road / Raleigh NC / Wake County - Request
for Additional Information
ALCON,
This email is in reference to the Pre -construction notification (PCN) for the proposed Yardly Buffalo Village Project (SAW-
2023-01446), received on October 17, 2023.
The following information is required to complete our evaluation, confirm compliance with one or more General or
Regional Conditions, and/or complete consultation with another federal/state agency to verify the use of the
Nationwide Permit (NWP):
1. As you know, on August 29, 2023, the U.S. Environmental Protection Agency (EPA) and Department of the Army
(the agencies) issued a final rule to amend the final "Revised Definition of `Waters of the United States"' rule,
published in the Federal Register on January 18, 2023. This final rule conforms the definition of "waters of the
United States" to the U.S. Supreme Court's May 25, 2023, decision in the case of Sackett v. Environmental
Protection Agency. On September 8, 2023, the updated Waters rule was published in the Register and became
effective. Per your October 17, 2023, email and Section D 2e. of the PCN, the Corps has not made a
determination on the jurisdictional status of the area labeled "W2". As such I offer the following comments for
you and the applicant to consider:
In order to move the permitting process forward please advise as to how you would like the Corps to
proceed. The Corps could 1) review "W2" for jurisdictional status through the approved jurisdictional
determination process or 2) proceed with permitting without determining jurisdictional status and
therefore, assuming that all features that meet the three wetland criteria or exhibit an ordinary high water
mark are potentially jurisdictional. Option 1 as described above would require a Corps site visit to evaluate
the area and gather the necessary data to determine jurisdictional status.
2. The project proposed to discharge fill material within 0.114 ac of potential wetland waters for lot fill. The need
for residential dwellings in Wake County is not disputed, however, it is unclear if the project has demonstrated
avoidance and minimization to the maximum extent practicable as required by NWP General Conditions 23(a)
and (b). For example, it appears that the impacts to potentially jurisdictional wetlands could be avoided by
excluding the construction of units 21-22 and 41-46 and associated parking. It is not clear that project viability is
dependent on the inclusion of these 8 units, when the overall development proposes 222 residential
units. Please provide additional information to this effect, including updates to the PCN/plans as necessary.
3. It is unclear based on the PCN and plans if the portions of the potentially jurisdictional wetland LW2 which are
not impacted by fill, would be indirectly impacted. For example, it is unclear how a hydrologic connection of

up/downgradient waters would be maintained, and therefore, unclear if additional indirect loss of waters would
occur. Please provide additional information to support the continued function of the remaining portions of the
potentially jurisdictional Wetland LW2.
4. As stated in your October 17, 2023, email, the proposed activities exceed the compensatory mitigation
threshold for wetland loss based on the assumed jurisdiction of "W2". If the applicant proceeds with option 2 as
described in comment 1 above, then per General Condition 32, the prospective permittee must submit a
statement describing how the mitigation requirement will be satisfied, or explaining why the adverse
environmental effects are no more than minimal and why compensatory mitigation should not be required. As
part of the compensatory mitigation statement please provide a statement of availability from a private
mitigation bank or from DMS in lieu -fee.
Please provide the requested information within 30 days, or your application will be administratively withdrawn. To
clarify, if the requested information is submitted after the 30-day timeframe, you will not be required to re -submit an
entirely new PCN (unless otherwise specified). We will continue to review and/or process your permit application upon
receipt of the requested information.
Please contact me with any questions or concerns.
Regards,
Laura
Laura J. Meyer, PWS
Regulatory Specialist
U.S. Army Corps of Engineers
CE-SAW-RG-R
3331 Heritage Trade Drive, Suite 105
Wake Forest, NC 27587
Phone: [phone]
Email: [e-mail]