20240054 Ver 1_ePCN Application_20240103

DW R
DHlsloo of Water Resources
Pre -Construction Notification (PCN) Form
For Nationwide Permits and Regional General Permits
(along with corresponding Water Quality Certifications)
October 2, 2023 Ver 4.3
Initial Review
Has this project met the requirements for acceptance in to the review process?
Yes No
Is this project a public transportation project?*
Yes No
Change only If needed.
Does this project involve maintenance dredging funded by the Shallow Draft Navigation Channel Dredging and Aquatic Weed Fund or involve the distribution or transmission of energy or
fuel, including natural gas, diesel, petroleum, or electricity?
Yes No
BIMS # Assigned
Version# *
20240054
1
Is a payment required for this project?*
No payment required
What amount is owed?*
Fee received
$240.00 $570.00
Fee needed - send electronic notification
$323.00 $767.00
Reviewing Office*
Select Project Reviewer*
Raleigh Regional Office - [phone]
Kristina Morales: Kristina.Morales
Information for Initial Review
1a. Name of project:
Timber Drive Retail
la. Who is the Primary Contact?*
Chad Ponce
1b. Primary Contact Email:* 1c. Primary Contact Phone:*
[e-mail] [phone]
Date Submitted
1 /3/2024
Nearest Body of Water
Mahlers Creek
Basin
Neuse
Water Classification
C; NSW
Site Coordinates
Latitude: Longitude:
35.688335-78.582822
A. Processing Information -
Is this project connected with ARPA funding?
Yes No
County (or Counties) where the project is located:
Wake
Is this a NCDMS Project
Yes No
Is this project a public transportation project?*
Yes No

1a. Type(s) of approval sought from the Corps:
Section 404 Permit (wetlands, streams and waters, Clean Water Act)
Section 10 Permit (navigable waters, tidal waters, Rivers and Harbors Act)
Has this PCN previously been submitted?*
Yes
No
1b. What type(s) of permit(s) do you wish to seek authorization?
Nationwide Permit (NWP)
Regional General Permit (RGP)
Standard (IP)
1c. Has the NWP or GP number been verified by the Corps?
Yes No
Nationwide Permit (NWP) Number:
NWP Numbers (for multiple NWPS):
1d. Type(s) of approval sought from the DWR:
401 Water Quality Certification - Regular
Non-404 Jurisdictional General Permit
Individual 401 Water Quality Certification
39 - Commercial/Institutional Developments
le. Is this notification solely for the record because written approval is not required?
For the record only for DWR 401 Certification:
For the record only for Corps Permit:
1f. Is this an after -the -fact permit application? *
Yes No
1g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts?
Yes No
1g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts?
Yes No
1h. Is the project located in any of NC's twenty coastal counties?
Yes No
1j. Is the project located in a designated trout watershed?
Yes No
B. Applicant Information
401 Water Quality Certification - Express
Riparian Buffer Authorization
1d. Who is applying for the permit?
Owner Applicant (other than owner)
le. Is there an Agent/Consultant for this project?
Yes No
2. Owner Information
2a. Name(s) on recorded deed:
Yeargan, Sherman A Jr. Trustee of the Sherman A Yeargan Jr Receivable Trust
2b. Deed book and page no.:
018716,01616
2c. Contact Person:
Sherman A. Yeargan Jr.
2d.Address
Street Address
7777 White Oak Road
Address Line 2
City State / Province / Region
Garner NC
Postal / Zip Code Country
27529 USA
Yes No
Yes No

2e. Telephone Number: 2f. Fax Number:
[phone]
2g. Email Address:*
[e-mail]
3. Applicant Information (if different from owner)
3a. Name:
Grady Matthews
3b. Business Name:
Wycliff Development, LLC
3c.Address
Street Address
3117 Stone Gap Court
Address Line 2
City
State / Province / Region
Raleigh
NC
Postal / Zip Code
Country
27612
USA
3d. Telephone Number: 3e. Fax Number:
[phone]
3f. Email Address:
[e-mail]
4. Agent/Consultant (if applicable)
4a. Name:
Chad Ponce
4b. Business Name:
Bolton & Menk
4c.Address
Street Address
116 N. Markley Street
Address Line 2
Suite 101
city
State / Province / Region
Greenville
SC
Postal / Zip Code
Country
29601
USA
4d. Telephone Number: 4e. Fax Number:
[phone]
4f. Email Address:*
[e-mail]
C. Project Information and Prior Project History
1. Project Information
1b. Subdivision name:
(if appropriate)
1c. Nearest municipality / town:
Garner, NC
2. Project Identification
2a. Property Identification Number: 2b. Property size:
1720271132 16
Q

2c. Project Address
Street Address
southwest corner of Timber Drive East and White Oak Road
Address Line 2
City
Garner
Postal / Zip Code
27529
3. Surface Waters
3a. Name of the nearest body of water to proposed project:
Mahlers Creek
3b. Water Resources Classification of nearest receiving water:
C; NSW
3c. What river basin(s) is your project located in?*
Neuse
3d. Please provide the 12-digit HUC in which the project is located.
030202011004
4. Project Description and History
State / Province / Region
NC
Country
USA
4a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this application: *
This project is a proposed commercial development in Garner, NC. The project is located on an approximately 16-acre portion of an undeveloped parcel with a Wake County Parcel ID
number 1720271132 (See attached figures). The portion of the parcel which is subject to this proposed project is located on the southwest side of Timber Drive East and White Oak Road.
Road stubs were built at the proposed project site during construction of Timber Drive approximately 12 years ago in anticipation of the development of the site. A planned commercial
development has been designed for the eastern portion of the site and includes infrastructure improvements for the remainder of the site.
The site is mostly forested, dominated by Pines. Land use in the vicinity of the site is mixed and includes undeveloped, residential, and commercial.
4b. Have Corps permits or DWR certifications been obtained for this project (including all prior phases) in the past?*
Yes No Unknown
4f. List the total estimated acreage of all existing wetlands on the property:
0.13
4g. List the total estimated linear feet of all existing streams on the property:
0
4h. Explain the purpose of the proposed project: *
The purpose of the project is to provide commercial and retail space for the growing community of Garner. Planned tenants currently include a bank and restaurant. Other tenants are not
yet known, however, additional restaurants are expected. This site is across from a future WakeMed whole -person health campus. The proposed project will provide access to
commercial/retail services to the hospital and this busy area. This project is in accordance with the Garner Forward Comprehensive Plan (2018) and the PLANWake Comprehensive Plan
(2021).
4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used:
The project includes a commercial/retail development on the east side of the property as well as stormwater improvements to the entire property, including installation of a stormwater
pond. Four buildings, a pergola with a seat wall, pavement and parking are proposed. Typical construction techniques will be used to develop the site. See the attached Plan Set for
details.
This project is expected to begin construction in late winter/early Spring 2024.
5. Jurisdictional Determinations
5a. Have the wetlands or streams been delineated on the property or proposed impact areas?*
Yes No O Unknown
Comments:
5b. If the Corps made a jurisdictional determination, what type of determination was made?
Preliminary Approved Not Verified Unknown N/A
Corps AID Number:
SAW-2022-02724
5c. If 5a is yes, who delineated the jurisdictional areas?
Name (if known): Chad Ponce, PWS
Agency/Consultant Company: Bolton & Menk
Other:
5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made by the Corps or DWR
A Delineation Concurrence was received from the Corps for the site in April 2023. The DC determined that one aquatic resource, Wetland 1 (0.13 acres), occurs at the site.

6. Future Project Plans
6a. Is this a phased project?"
Yes O No
6b. If yes, explain.
This project is a proposed commercial development on the eastern portion of the site and includes infrastructure improvements for the remainder of the site. Once tenants are chosen for
the west portion of the site, the new tenants will be required to permit the future development areas. Those areas do not have wetlands and will therefore have no wetland impacts.
Are any other NWP(s), regional general permit(s), or individual permits(s) used, or intended to be used, to authorize any part of the proposed project or related activity?
No
D. Proposed Impacts Inventory
1. Impacts Summary
1a. Where are the impacts associated with your project? (check all that apply):
Wetlands Streams -tributaries Buffers
Open Waters Pond Construction
2. Wetland Impacts
2a1 Reason (?)
2b. Impact type" (?)
2c. Type of W.
2d. W. name
2e. Forested"
2f. Type of JurisdicitionI
(?)
2g. Impact
area"
grading, stormwater
P
Head
Headwater Forest
Wetland 1
Yes
Both
0 (.093
acm
(acres)
2g. Total Temporary Wetland Impact 2g. Total Permanent Wetland Impact
0.000 0.093
2g. Total Wetland Impact
0.093
2i. Comments:
The impact to Wetland 1 are due to encroachment of the roadway and grading and the installation of a stormwater outfall. The stormwater outfall is not
draining stormwater at the site, it is receiving flow from the DOT ROW and is piped through site via an easement to the ouffall
E. Impact Justification and Mitigation O
1. Avoidance and Minimization
la. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project:
Minimization:
• The selected property is primarily upland with 0.13 acres of wetland
Parking lot circulation and orientation designed to minimize impact
• A headwall is proposed in the vicinity of Wetland 1 to minimize impacts outside of the stomwater easement
• Plunge pools with riprap included at outfalls to disperse flow and prevent scouring
Steep grading at south side of project to tie back into existing grade
1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:
Avoidance:
Alternative 1 - No build: A no build alternative was considered. This alternative would not provide the commercial and retail opportunities which are
needed to meet the growth rate in the City of Garner and Wake County. This alternative is not considered feasible.
Alternative 2 — Installation of a headwall on the north side of Wetland 1 and discharge stormwater outside of the wetland. These measures would
remove all direct wetland impacts. The outfall would be placed upgradient of Wetland 1 but would still drain to Wetland 1. This would result in erosion by
overland flow from the outfall to the wetland. The installation of a headwall would require altering the location of the roadway and would remove
approximately 10 parking spaces and some planted area. This would not meet the needs of the site for expected tenants including restaurants which
need the parking area. This is not considered a feasible alternative.
2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State
2a. Does the project require Compensatory Mitigation for impacts to Waters of the U.S. or Waters of the State?
Yes No
2b. If this project DOES NOT require Compensatory Mitigation, explain why:
Impacts at the site are minimal and less than the required mitigation threshold. We do not believe mitigation is required for this project.
F. Stormwater Management and Diffuse Flow Plan (required by DWR) O
1. Diffuse Flow Plan

la. Does the project include or is it adjacent to protected riparian buffers identified within one of the NC Riparian Buffer Protection Rules?
Yes No
If no, explain why:
No located near aquatic features with buffers according to Neuse River Riparian Buffer Rules
2. Stormwater Management Plan
2a. Is this a NCDOT project subject to compliance with NCDOT's Individual NPDES permit NCS000250?
Yes No
2b. Does this project meet the requirements for low density projects as defined in 15A NCAC 02H .1003(2)?
Yes No
2c. Does this project have a stormwater management plan (SMP) reviewed and approved under a state stormwater program or state -approved local government stormwater program?
Yes No
N/A - project disturbs < 1 acre
2d. Which of the following stormwater management program(s) apply:
Local Government State
Local Government Stormwater Programs
Phase II NSW USMP Water Supply
Please identify which local government stormwater program you are using.
City of Garner
State Stormwater Programs
Phase II Coastal Counties
HWQ or ORW Other
Comments:
Final approval of stormwater management plan is pending.
G. Supplementary Information
1. Environmental Documentation
la. Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federal/state) land?
Yes No
2. Violations (DWR Requirement)
2a. Is the site in violation of DWR Water Quality Certification Rules (15A NCAC 2H .0500), Isolated Wetland Rules (15A NCAC 2H .1300), or DWR Surface Water or Wetland Standards or
Riparian Buffer Rules (15A NCAC 2B .0200)? *
Yes No
3. Cumulative Impacts (DWR Requirement)
3a. Will this project result in additional development, which could impact nearby downstream water quality?
Yes No
3b. If you answered "no," provide a short narrative description.
Only one wetland, Wetland 1, is present at the site. The current phase of development is impacting the area of the site where the wetland is present.
Additional phases will have no impact.
4. Sewage Disposal (DWR Requirement)
4a. Is sewage disposal required by DWR for this project?
Yes No N/A
4b. Describe, in detail, the treatment methods and dispositions (non -discharge or discharge) of wastewater generated from the proposed project. If the wastewater will be treated at a
treatment plant, list the capacity available at that plant.
Tying into manhole from adjacent property. Treatment will go to City of Raleigh sewer treatment plant which has available capacity.
5. Endangered Species and Designated Critical Habitat (Corps Requirement)
5a. Will this project occur in or near an area with federally protected species or habitat?*
Yes No
5b. Have you checked with the USFWS concerning Endangered Species Act impacts?
Yes No
5d. Is another Federal agency involved?*
Yes No Unknown

5e. Is this a DOT project located within Division's 1-8?
Yes No
5f. Will you cut any trees in order to conduct the work in waters of the U.S.?
Yes No
5g. Does this project involve bridge maintenance or removal?
Yes No
5h. Does this project involve the construction/installation of a wind turbine(s)?*
Yes No
5i. Does this project involve (1) blasting, and/or (2) other percussive activities that will be conducted by machines, such as jackhammers, mechanized pile drivers, etc.?
Yes No
5j. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat?
USFWSIPaC
6. Essential Fish Habitat (Corps Requirement)
6a. Will this project occur in or near an area designated as an Essential Fish Habitat?
Yes No
6b. What data sources did you use to determine whether your site would impact an Essential Fish Habitat?
NOAA Essential Fish Habitat Mapper
7. Historic or Prehistoric Cultural Resources (Corps Requirement)
7a. Will this project occur in or near an area that the state, federal or tribal governments have designated as having historic or cultural preservation status?"
Yes No
7b. What data sources did you use to determine whether your site would impact historic or archeological resources?
NC HPOWEB 2.0
8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA-designated 100-year floodplain?"
Yes No
8c. What source(s) did you use to make the floodplain determination?
FEMA floodplain map 3720172000K, effective on7/19/2022
Miscellaneous
Please use the space below to attach all required documentation or any additional information you feel is helpful for application review. Documents should be combined into one file when
possible, with a Cover Letter, Table of Contents, and a Cover Sheet for each Section preferred.
Click the upload button or drag and drop files here to attach document
Timber Drive Retail Wetland Permit Cover and Atts.pdf 32.81 MB
File must be PDF or KMZ
Comments
Signature
By checking the box and signing below, I certify that:
• The project proponent hereby certifies that all information contained herein is true, accurate, and complete to the best of my knowledge and belief'; and
• The project proponent hereby requests that the certifying authority review and take action on this CWA 401 certification request within the applicable reasonable period of time.
• I have given true, accurate, and complete information on this form;
• I agree that submission of this PCN form is a "transaction' subject to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act");
• I agree to conduct this transaction by electronic means pursuant to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act");
• I understand that an electronic signature has the same legal effect and can be enforced in the same way as a written signature; AND
• I intend to electronically sign and submit the PCN form.
Full Name:
Thomas Chad Ponce
Signature
tyr4"d 6:t'91�ir
Date
1 /3/2024
O