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HomeMy WebLinkAbout20240322 Ver 1_PCN Attachments_20240222Appendices Agent Authorization Site Plans Impact Exhibits Delineation Concurrence Riparian Buffer Determination Protected Species Documentation FEMA Firmette Agent Authorization AGENT AUTHORIZATION / RIGHT OF ENTRY FORK4 Date: Project Information S&ME Project Name: WCPSS Swift Creek Elementary School Site Type of Project: Institutional Location: Raleigh, Wake County, NC. Property Owner/Representative Information Business Name: Mailing Address: City, State, Zip Code: Telephone No. / Email Contact: Agent Information Wake County Board of Education I I I Corning Road, Suite 190 1 Cary, NC 27518 (919) 588-3573 / mrstrickland@wcpss.net Mr. Mark Strickland Business Name: S&ME, Inc. Street Address: 3201 Spring Forest Road City, State, Zip Code: Raleigh, NC 27616 Telephone No. 919-872-2660 Contact: Mr. Walter Cole Authorization: 1, on behalf of Mark Strickland, Chief Facilities and Operations Officer Wake County Board of Education (Name of Landowner or Duly Authorized Agent) a duly authorized owner of record of the property/ properties identified herein, hereby authorize S&ME to act as agent with the USCAE in connection with the above -mentioned project. By signing above, I also authorize representatives of the Wilmington District, U.S. Army Corps of Engineers (Corps) to enter upon the property herein described for the purposes 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 River and Harbors Act of 1889. I, the above signed, 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. Site Plans T ^ gi� �e� <<otoa--e :iosroaa aesI 'Ne3 O `� F� y`�, 4 909LZ 3N Pb UONi LUS o S°JNIMVda NOLLOfRIlSNOO 8 8 ....No 8 9 a �aJn J <¢w sm' i(ae;uauaa13 �aaa� }}inns a ee r ' ° �V R a W "Rue HE - s 3 e 8 9 a6 Fpo q12 _ o gY � a> - w OF -e�e '__" -'sa -. two 4= H r. g s ig Pia <6r NF. €Yg 8 s W® Et oa'.x Q83 § N�-.a - e •. Boa¢ - a _- ;e ssRm a w_w toy Y�� s9 _Ysoa goae e _ _ - _t2,- a€ �= m M. ode $By sY�ro a IN H E+'.FS'° 9e �a mui ___________________________________________-___-______-Y_-___-____ ------------------- H1a0N Vtl3atl ; HN059tl3atl -- ; 1 1 ✓ � � 1 1 1 1 1 XSTO YATESM"IT' 11D ROAD i cvareiaerecwo,re e�ere cre/w 1 1 vo 1 1HE 2 1 1 Of� 1 - h�, 1 �gi 1 sp§ 1 Y 1 I ds. a�om 1 \4 1 1 1 — 1 , Q W.IIVOre aHi'm10d' „�aeA, avoan3sawv� _- I 1 1 1 C 1 1 1 I ' 1 1 o ; I ° 1 I ' 1 1 1 1 Impact Exhibits I d.1 o o Elnl 909ZZDN AOe3 Pd SONimviia Nouonmi -SNOO E 10043S T M 'soon AMWOW013 MGaJO IMMS ----------------------------------------------------- -- ---------- 7 ----------- �7� —ON ----------- 7-7 --- 77.7777 n 9 m aPaouoki o 999LZ ONro Aoz 3 loL9 'o SONIMb214 NoaonMISNOO IOOLIOS J fue}uawa13 maaac) }}innsIL co o�v Q Q o0 w w w 0 0 0 as am s 0 ovv om a am II a a � O w w o o 0 0 0 Z m rm rma rma a a � z c s 0 0 .e i R i Delineation Concurrence Ashley Steele Bentz From: Walter Cole Sent: Wednesday, February 21, 2024 3:28 PM To: Ashley Steele Bentz Subject: Fwd: Swift Creek Elementary School / Raleigh / Wake County / SAW-2022-01001 / JD Request Attachments: Feature Exhibit.pdf Get Outlook for iOS From: Phillips, George L CIV USARMY CESAW (USA) <George.L.Phillips@usace.army.mil> Sent: Wednesday, September 7, 2022 3:38:17 PM To: Walter Cole <WCole@smeinc.com> Subject: RE: Swift Creek Elementary School / Raleigh / Wake County / SAW-2022-01001 / JD Request This message originated outside of S&ME. Please report this as phishing if it implies it is from an S&ME employee. Dear Walter, Reference is made to ORM ID SAW-2022-01001, please reference this number on any correspondence regarding this action. On 05/19/2022, we met at Swift Creek Elementary School, Raleeligh Wake County, North Carolina to review the boundaries of the aquatic resources delineation you submitted on 05/03/2022. We have reviewed the information provided by you concerning the aquatic resources, and by copy of this e-mail, are confirming that the aquatic resources delineation has been verified by the Corps to be a sufficiently accurate and reliable representation of the location and extent of aquatic resources within the identified review area. The location and extent of these aquatic resources are shown on the delineation map, labeled Feature Exhibit and dated 05/19/2022. Regulatory Guidance Letter (RGL) 16-01 https://usace.contentdm.ocic.org/utils/getfile/collection/P16021coll9/id/l256 provides guidance for Jurisdictional Determinations (JD) and states "The Corps generally does not issue a JD of any type where no JD has been requested". At this time we are only verifying the delineation. This delineation may be relied upon for use in the permit evaluation process, including determining compensatory mitigation. "This verification does not address nor include any consideration for geographic jurisdiction on aquatic resources and shall not be interpreted as such. This delineation verification is not an Approved Jurisdictional Determination (AJD) and is not an appealable action under the Regulatory Program Administrative Appeal Process (33 CFR Part 331). However, you may request an AJD, which is an appealable action. If you wish to receive a Preliminary Jurisdictional Determination (PJD), or an Approved Jurisdictional Determination (AJD) please respond accordingly, otherwise nothing further is required and we will not provide any additional documentation. The delineation included herein has been conducted to identify the location and extent of the aquatic resource boundaries and/or the jurisdictional status of aquatic resources for purposes of the Clean Water Act for the particular site identified in this request. This delineation may not be valid for the Wetland Conservation Provisions of the Food Security Act of 1985, as amended. If you or your tenant are USDA program participants, or anticipate participation in USDA programs, you should discuss the applicability of a certified wetland determination with the local USDA service center, prior to starting work. 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: George. L.PhiIlips@usace.army.miI 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. ' Tryon Rd r P f%V%9. n � ! L F I . N N n� Potential Wetland Water of the US �► µ, 5d Wetland Feature W2; 0.01 acres °p, All Represented Represented by Flags W2.1-W2.8 4:r �t r He a z SF1 Potential Non -Wetland Water of the US SF2 Stream Feature S2; 150 LF E Represented by Flags S2.5-S2.13 „rR Potential Non -Wetland Water of the US UP1 Stream Feature S1; 543 LF Potential Wetland Water of the US Wetland Feature W1; 0.10 acres Represented by Flags S1.1-S1.25 Represented by Flags W1.1-W1.12 UP2 r z N to 3 N iN 0 ® Culvert N • NCDWR Stream Form Location 0 0 200 400 � (FRET) O USACE Data Form Location Potential Non -wetland Waters 5 REFERENCE: w GIS BASE LAYERS WERE OBTAINED FROM THE 2021 NCONEMAP AERIAL ORTHOIMAGERY Potential Wetland Waters L LAYER. THIS MAP IS FOR INFORMATIONAL PURPOSES ONLY. ALL FEATURE LOCATIONS Site Parcel a DISPLAYED ARE APPROXIMATED. THEY ARE NOT BASED ON CIVIL SURVEY INFORMATION, ° UNLESS STATED OTHERWISE. 50-Foot Riparian Buffer 0 SCALE: FIGURE NO. FEATURE EXHIBIT 1 " = 200 ' DATE: I' I SWIFT CREEK ELEMENTARY SCHOOL 5-19-22 4 5601 TRYON ROAD PROJECT NUMBER RALEIGH, WAKE COUNTY, NORTH CAROLINA 22050227 Riparian Buffer Determination DocuSign Envelope ID: A823FEDO-F7C2-44CF-BDBC-135COF4FE771 ROY COOPER Governor ELIZABETH S. BISER Secretary RICHARD E. ROGERS, JR. Director NORTH CAROLINA Environmental Quality 05/04/2022 Contact: Wake County Board of Elections Address: I I I Coming Steet, Suite 190, Cary, NC 27518 Subject: Buffer Determination Letter NBRRO # 22-111 County: Wake County Determination Type: Buffer Intermittent/Perennial ® Neuse (15A NCAC 2B .0714) ❑ Tar -Pamlico (15A NCAC 2B .0734) ❑ Intermittent/Perennial Determination (where local buffer ordinances apply) pp Y) ❑ Jordan (15A NCAC 2B .0267) (governmental and/or interjurisdictional projects) Project Name: Swift Creek Elementary Renovation Address/Location: 5601 Tryon Road, Raleigh, NC Stream(s): Woody's Lake, WS-III; NSW Index 27-43-4 Determination Date: 4/29/22 Staff: Joe Myers Feature VIM(') Not (�) Subject Start @ Stop @ Soil USGS Subject Survey_To o A I X Start: DWR Flag A 35.743435,-78.734462 X X Stop: DWR Flag A 34.742095,-78.734731 (1) E = Ephemeral, I = Intermittent, P = Perennial, NP = Not Present, N/A=Not Applicable (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 "blot 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 them to be subject to the buffer rules. There may be other streams located on the property that are not depicted 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. DocuSign Envelope ID: A823FEDO-F7C2-44CF-BDBC-135COF4FE771 5601 Tryon Road, Raleigh, NC Wake County 05/04/22 Page 2 of 2 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. If sending 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. If you have questions regarding this determination, please feel free to contact Joe Myers at (919) 791-4248. Sincerely, DocuSigned by: Sett BCDA9 825D4A46D... Scott Vinson, egional Supervisor Water Quality Regional Operations Section Raleigh Regional Office Division of Water Resources, NCDEQ cc: RRO DWR File Copy Laserfiche Contact via e-mail at Wcoleksmeinc,com o�.,ry North Carolina Department of Environmental Quality I Division of Water Resources I Raleigh Regional Office 3800 Barrett Drive 1 1628 Mail Service Center I Raleigh, North Carolina 27699-1628 919.791.4200 DocuSign Envelope ID: A823FEDO-F7C2-44CF-BDBC-135COF4FE771 #22-111 Swift Creek Elementary Renovation Wake County NAP let Feature A: Subject CIL �5rA7EMap provided by S&ME Legend: Locations are approximate n; A' and are provided for refer- -Approximate Site Boundary: �' �§ � ence only -Approximate Start/Stop Point``';y4 DocuSign Envelope ID: A823FEDO-F7C2-44CF-BDBC-135COF4FE771 Legend: -Approximate Site Boundary: r -Approximate Start/Stop Point #22-111 Swift Creek Elementary Renovation Wake County 0 0 In Srart•, Map provided by S&ME Locations are approximate r a; and are provided for refer- ence only N :n Protected Species Documentation �,.� e�rJ KW WX 4.: United States Department of the Interior -41 p FISH AND WILDLIFE SERVICE Raleigh Ecological Services Field Office 3916 Sunset Ridge Rd Raleigh, NC 27607-3726 Phone: (919) 856-4520 Fax: (919) 856-4556 In Reply Refer To: Project Code: 2024-0052909 Project Name: Swift Creek Elementary School February 22, 2024 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 Project code: 2024-0052909 02/22/2024 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/defaultlfiles/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. 2of12 Project code: 2024-0052909 02/22/2024 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 3916 Sunset Ridge Rd Raleigh, NC 27607-3726 (919) 856-4520 Project code: 2024-0052909 02/22/2024 PROJECT SUMMARY Project Code: 2024-0052909 Project Name: Swift Creek Elementary School Project Type: New Constr - Above Ground Project Description: Proposed demolition of existing school building and construction of new building and associated facilities. Project Location: The approximate location of the project can be viewed in Google Maps: https: www.google.com/maps/(@35.743936649999995,-78.73391826410759,14z k,>ki Maeadonia kA'1e F�*H l cr r141P. maul 5 Counties: Wake County, North Carolina a �s �A Y� 4of12 Project code: 2024-0052909 02/22/2024 ENDANGERED SPECIES ACT SPECIES There is a total of 9 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 Fisheriesl, 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. 1. 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 sub flavus Proposed No critical habitat has been designated for this species. Endangered Species profile: https://ecos.fws.gov/ecp/species/10515 NAME STATUS Red -cockaded Woodpecker Picoides borealis Endangered No critical habitat has been designated for this species. Species profile: https://ecos.fws.gov/ecp/species/7614 AMPHIBIANS NAME STATUS Neuse River Waterdog Necturus lewisi Threatened 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 FISHES NAME ►` K1111I Carolina Madtom Noturus furiosus Endangered 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 5of12 Project code: 2024-0052909 02/22/2024 CLAMS NAME STATUS Atlantic Pigtoe Fusconaia masoni Threatened 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 Dwarf Wedgemussel Alasmidonta heterodon No critical habitat has been designated for this species. Species profile: https://ecos.fws.gov/ecp/species/784 Endangered Yellow Lance Elliptio lanceolata Threatened There is final critical habitat for this species. Your location does not overlap the critical habitat. Species profile: https://ecos.fws.gov/ecp/species/4511 INSECTS NAME STATUS Monarch Butterfly Danaus plexippus Candidate No critical habitat has been designated for this species. Species profile: https://ecos.fws.gov/ecp/species/9743 FLOWERING PLANTS NAME STATUS Michaux's Sumac Rhus michauxii Endangered No critical habitat has been designated for this species. Species profile: https://ecos.fws.gov/ecp/species/5217 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 Act1 and the Migratory Bird Treaty Act2. 6 or I? Project code: 2024-0052909 02/22/2024 Any person or organization who plans or conducts activities that may result in impacts to bald or golden eagles, or their habitats3, should follow appropriate regulations and consider implementing appropriate conservation measures, as described in the links below. Specifically, please review the "Supplemental Information on Migratory Birds and Eagles". 1. The Bald and Golden Eap-le Protection Act of 1940. 2. The Migratory Birds Treat. Act of 1918. 3. 50 C.F.R. Sec. 10.12 and 16 U.S.C. Sec. 668(a) There are likely bald eagles present in your project area. For additional information on bald eagles, refer to Bald Eagle Nesting and Sensitivity to Human Activity For guidance on when to schedule activities or implement avoidance and minimization measures to reduce impacts to migratory birds on your list, see the PROBABILITY OF PRESENCE SUMMARY below to see when these birds are most likely to be present and breeding in your project area. NAME BREEDING SEASON Bald Eagle Haliaeetus leucocephalus Breeds Sep 1 to This is not a Bird of Conservation Concern (BCC) in this area, but warrants attention Jul 31 because of the Eagle Act or for potential susceptibilities in offshore areas from certain types of development or activities. https://ecos.fws.gov/ecp/species/1626 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 "Supplemental Information on Migratory Birds and Eagles", specifically the FAQ section titled "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 (1) Vertical black lines; the number of surveys performed for that species in the 10km grid cell(s) your project area overlaps. No Data( ) 7of12 Project code: 2024-0052909 02/22/2024 A week is marked as having no data if there were no survey events for that week. probability of presence breeding season I survey effort — no data 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 Management https://www.fws.gov/program/eagle-management • Measures for avoiding and minimizing impacts to birds https://www.fws.gov/librq�r/ rator. • 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-mi ratory-birds-and-bald-and-golden-ea les-may-occur- project-action MIGRATORY BIRDS Certain birds are protected under the Migratory Bird Treaty Act' and the Bald and Golden Eagle Protection Act2. 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 in the links below. Specifically, please review the "Supplemental Information on Migratory Birds and Eagles". 1. The Migratory Birds Treaty Act of 1918. 2. The Bald and Golden Eagle Protection Act of 1940. 3. 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, see the PROBABILITY OF PRESENCE SUMMARY below to see when these birds are most likely to be present and breeding in your project area. 8of12 Project code: 2024-0052909 02/22/2024 NAME BREEDING SEASON Bald Eagle Haliaeetus leucocephalus Breeds Sep 1 to This is not a Bird of Conservation Concern (BCC) in this area, but warrants attention Jul 31 because of the Eagle Act or for potential susceptibilities in offshore areas from certain types of development or activities. https://ecos.fws.gov/ecp/species/1626 Black -billed Cuckoo Coccyzus erythropthalmus Breeds May 15 This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA to Oct 10 and Alaska. https://ecos.fws.gov/ecp/species/9399 Cerulean Warbler Dendroica cerulea Breeds Apr 28 This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA to Jul 20 and Alaska. https://ecos.fws.gov/ecp/species/2974 Chimney Swift Chaetura pelagica Breeds Mar 15 This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA to Aug 25 and Alaska. https://ecos.fws.gov/ecp/species/9406 Eastern Whip -poor -will Antrostomus voci ferns Breeds May 1 This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA to Aug 20 and Alaska. https://ecos.fws.gov/ecp/species/10678 Kentucky Warbler Oporornis formosus Breeds Apr 20 This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA to Aug 20 and Alaska. https://ecos.fws.gov/ecp/species/9443 Prairie Warbler Dendroica discolor Breeds May 1 This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA to Jul 31 and Alaska. https://ecos.fws.gov/ecp/species/9513 Prothonotary Warbler Protonotaria citrea Breeds Apr 1 to This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA Jul 31 and Alaska. https://ecos.fws.gov/ecp/species/9439 Red-headed Woodpecker Melanerpes erythrocephalus Breeds May 10 This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA to Sep 10 and Alaska. https://ecos.fws.gov/ecp/species/9398 Rusty Blackbird Euphagus carolinus Breeds This is a Bird of Conservation Concern (BCC) only in particular Bird Conservation Regions elsewhere (BCRs) in the continental USA https://ecos.fws.gov/ecp/species/9478 9of12 Project code: 2024-0052909 02/22/2024 BREEDING NAME SEASON Wood Thrush Hylocichla mustelina Breeds May 10 This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA to Aug 31 and Alaska. https://ecos.fws.gov/ecp/species/9431 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 "Supplemental Information on Migratory Birds and Eagles", specifically the FAQ section titled "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 (1) 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. probability of presence breeding season I survey effort — no data SPECIES JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC Bald Eagle Non -BCC Vulnerable Black -billed I I I I I I I I I I I I I I I I I Cuckoo Itttt t Ittt tttt tt It t ttt tttt BCC Rangewide (CON) Cerulean Warbler Ht II I II II II tIIIt I t IIII IIIIItBCC Rangewide t Ittt tttt t t t ttt tttt ttt tttt (CON) 10 of 12 Project code: 2024-0052909 02/22/2024 Chimney Swift BCC Rangewide Itttt t Ittt (CON) Eastern Whip -poor- L I I I I will BCC Rangewide (CON) Kentucky Warbler I I I I BCC Rangewide It_4t t It_4 tttt t (CON) Prairie Warbler BCC Rangewide I I Itttt t Ittt tttT (CON) Prothonotary Warbler I I It It It It It It It It It It It It BCC Rangewide (CON) Red-headed Woodpecker BCC Rangewide (CON) _44 4-4 ++++ -4-4 -144 ++++ 44 tot Rusty Blackbird t.14� tl 11 TTT I t�t++++ ++++ ++++ ++++ ++++ +++ I +014 I t BCC - BCR TTT I T I I Wood Thrush ttilBCC Rangewide 1111 114 *1 HI I 11111111 11111111 IIIf 1111 1.11.1. (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/librq�r/ rator. • 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-mi ratory-birds-and-bald-and-golden-ea les-may-occur- project-action 11of12 Project code: 2024-0052909 02/22/2024 IPAC USER CONTACT INFORMATION Agency: S&ME, Inc. Name: Ashley Bentz Address: 3201 Spring Forest Road City: Raleigh State: NC Zip: 27616 Email abentz@smeinc.com Phone: 9198960758 12 of 12 Roy Cooper, Governor on ■o INC DEPARTMENT OF N ) ■■minim NATURAL AND CULTURAL RESOURCES ■ ■®■ February 22, 2024 Ashley Bentz S&ME, Inc. 3201 Spring Forest Road Raleigh, NC 27616 RE: Swift Creek Elementary School Dear Ashley Bentz: D. Reid Wilson, Secretary Misty Buchanan Deputy Director, Natural Heritage Program NCNHDE-25052 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: httr)s://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 the NCNHP at natural.heritage�dncr.nc.gov. Sincerely, NC Natural Heritage Program DEPARTMENT OF NATURAL AND CULTURAL RESOURCES 09 121 L4 JC)NES STF EET, RALEK_,H. NC 27603 - 1651 r�IAUL 6EPVICE CENTER, PALEIGH. 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