20200092 Ver 1_Eagle Permit - MB 30133D Avent Trailwood 6.19.19_20200115

U.S.
FISH & WIIMLIFE
SERVICE
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Issuing Office:
Department of the Interior
U.S. FISH AND WILDLIFE SERVICE
Migratory Bird Permit Office
1875 Century Boulevard, NE
Atlanta, GA 30345
Tel:[phone] Fax:[phone]
Permittee
AVENT TRAILWOOD LLC
dba CAPITAL ASSOCIATES MANAGEMENT LLC
5400 TRINITY ROAD SUITE 309
RALEIGH, NC 27607
U.S.A.
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SHORT-TERM EAGLE INCIDENTAL TAKE
Permit Number: MB30133D-1
Effective: 06/17/2019 Expires: 09/30/2023
CARMEN Digitally signed by
CARMEN SIMONTON
SIMONTON 115181819 04'00'
CHIEF. MIGRATORY BIRD PERMIT OFFICE - REGION 4
Name and Title of Principal Officer:
THOMAS R. HUFF - MANAGER OF CAPITAL ASSOCIATES MANAGEMENT LLC
Authority: Statutes and Regulations: 16 U.S.C. 668-668d, 16 U.S.0 703-712; 50 CFR Part 13, 50 CFR 22.26.
Location where authorized activity may be conducted:
See Condition D.
Reporting requirements:
Monitoring requirements are outlined in Condition I Monitoring Requirements.
Reporting requirements are outlined in Condition D, E, 11.and in Condition J Reporting Requirements.
Requirements for monthly (Condition 1.3.) and annual monitoring reports are outlined in Condition J Reporting Requirements
Authorizations and Conditions:
Southeast Region Eagle Biologist Ulgonda Kirkpatrick, [e-mail], [phone]
Southeast Region Eagle Permit Coordinator Resee Collins, [e-mail], [phone]
Link to federal permit regulations: https://www.fws.gov/birds/policies-and-regulations/permits/permit-policies-and-regulations.php
Reporting Form: Form 3-202-15 (Eagle Incidental Take Report): www.fws.gov/forms/3-202-15.pdf
To retain authorizations granted under this permit, you must comply with its reporting requirements. See Condition J for more information.
Eagle nest means any assemblage of materials built, maintained, or used by Bald Eagles or Golden Eagles for the purpose of reproduction.
In -use nest means a bald or golden eagle nest characterized by the presence of one or more eggs, dependent young, or adult eagles on the
nest in the past 10 consecutive days during the breeding season.
Disturb/disturbance means to agitate or bother a bald or golden eagle to a degree that causes, or is likely to cause, based on the best
scientific information available, (1) injury to an eagle, (2) a decrease in its productivity, by substantially interfering with normal breeding,
feeding, or sheltering behavior, or (3) nest abandonment, by substantially interfering with normal breeding, feeding, or sheltering
behavior.
A. General conditions set out in Subpart B of 50 CFR 13, and specific conditions contained in Federal regulations cited above, are hereby
made a part of this permit. All activities authorized herein must be carried out in accordance with and for the purposes described in the
application submitted. Continued validity, or renewal of this permit is subject to complete and timely compliance with all applicable conditions,
including the filing of all required information and reports.
B. You are responsible for ensuring that the permitted activity is in compliance with all federal, tribal, state, and local laws and regulations
applicable to eagles.

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C. Valid for use by permittee named and any subpermittees, (see Condition H).
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SHORT-TERM EAGLE INCIDENTAL TAKE
Permit Number: MB30133D-1
Effective: 06/17/2019 Expires: 09/30/2023
D. Due to all construction activities associated with the development of a (2) building three-story apartment complex, associated parking, a
maintenance building, swimming pool and a trash and recycle enclosure by Avent Trailwood LLC at 901 and 921 Trailwood Drive, Raleigh,
North Carolina, you are authorized to
Take by means of disturbance incidental to your activities (1) pair of nesting Bald Eagles, including the loss of productivity of
eggs or young due to potential abandonment of (1) Bald Eagle nest
Bald Eagle Nest Location: 35.7576022N,-78.6881443W, Raleigh, Wake County, North Carolina
Activity Dates: Ongoing - 9/30/2023
Reporting Required: Annual Summary by June 30 of 2019, 2020, 2021, 2022, 2023, 2024
Construction activities will be phased over a multi -year period and will include clearing, grading, landscaping and associated infrastructure
such as roads, trails, sidewalks, stormwater ponds and associated utilities. The Bald Eagle nest impacted is within the 660 foot buffer zone
around the eagle nest, with the closest construction occurring no closer than 236 feet from the eagle nest at any time.
The authorizations granted by this permit apply only to take that results from activities conducted in accordance with the description contained
in the permit application and the terms of the permit. If the permitted activity changes, you must immediately contact the Southeast Region
Eagle Biologist to determine whether a permit amendment is required in order to retain take authorization.
E. This permit does not authorize intentional take or injury of any live eagles, excluding take of eggs or young by nest abandonment as
described in Condition D, nor does it authorize take of any eagle nest.
You must immediately notify the Southeast Region Eagle Permit Coordinator by phone and email upon discovery of any unanticipated take or
regarding any apparent injury or death occurring to any eagle, including viable eggs or young, for any reason during project activities. You
must immediately contact the Rocky Point Animal Hospital/Cape Fear Raptor Rehabilitation Center, 9185 US Highway 117 South, Rocky
Point, NC, 910/602-6633, to coordinate transportation of any injured eagle.
F. You are authorized to salvage eagle feathers found on the ground in the vicinity of any Bald Eagle nest located in Condition D. Any
salvaged items found at the site must be shipped within 30 days to the National Eagle Repository. Contact: U.S. Fish and Wildlife Service,
National Eagle and Wildlife Repository, RMA, Bldg. 128, 6550 Gateway Road, Commerce City, CO, 80022, [phone].
You must immediately notify the Southeast Region Eagle Permit Coordinator by phone and email upon discovery of any eagle
carcass(es) at any location listed in Condition D.
G. You must comply with the following avoidance or minimization measures prescribed by this permit for take of eagle(s) identified in
Condition D. All minimization measures, unless noted otherwise, are applicable when any eagles are present at the nest site and the
nest meets the definition of an in -use nest during the Bald Eagle nesting season (October 1-May 15); or when the nest is in -use
before October 1 or after May 15:
1. To minimize impacts to the Atlantic pigtoe mussel, consider applying the following NC Wildlife Resources Commission's
Management Recommendations for Mussels to the project design wherever there may be potential impacts to protected
mussels and other rare aquatic resources:
https://www. ncwiIdlife. org/Learning/Species/Mollusks/Management-Recommendations#3350837-development-impacts
2. Eagle Nest Buffer Zone. You will erect a temporary protective barrier to delineate the 236 foot radius buffer zone around the
eagle nest tree and to prevent construction personnel or heavy equipment from entering into this buffer while any
construction or associated project activities are occurring. All habitat management activities within and adjacent to the eagle nest
buffer area will be conducted outside of eagle nesting season (October 1-May 15) or when eagles are not present.
You may remove all exotic and/or invasive species of vegetation outside of eagle nesting season or when the eagles are not present.
Native vegetation will not be removed within the eagle nest buffer area unless it is deemed necessary to best manage the habitat for
eagles. Utilize the removal of exotic and/or invasive species vegetation to ensure proper management of the timber stands containing
the eagle nest.
FOR ACTIVITIES WITHIN 660 FEET OF AN EAGLE NEST:
a. If any construction work or project activities outlined in Condition D are conducted:
(1) Initiate a noise abatement program for construction personnel within 660 feet of an eagle nest, to include:
(a) No excessive and/or sudden loud noise, including engine braking, tailgate banging, loud radios, shouting, singing, etc.;
(b) All motorized equipment, including saws or other hand held power tools, must be moved indoors if possible or placed behind
a temporary structure to minimize noise at and reflect noise away from the direction of the eagle nesting area;
(c) Minimize the need for "reverse" indicator horns and utilize ground flag crews to the degree practicable to avoid using reverse
indicator horns; and
(d) Provide signage in English and Spanish (if applicable) indicating the need for quiet to the extent practicable.

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SHORT-TERM EAGLE INCIDENTAL TAKE
Permit Number: MB30133D-1
Effective: 06/17/2019 Expires: 09/30/2023
4. FOR ACTIVITIES BETWEEN 660 FEET AND 330 FEET OF AN EAGLE NEST:
a. If any construction work or project activities outlined in Condition D are conducted when eagles are present at the nest site, you must
initiate a traffic abatement program which includes establishing offsite parking/carpool locations outside of 330 feet from an eagle
nest for all project personnel.
5. FOR ACTIVITIES WITHIN 236 FEET OF AN EAGLE NEST:
a. Avoid exterior construction, heavy landscaping and associated activities within 236 feet of the eagle nest during any time of year.
6. Prior to conducting or while activities in Condition D are occurring, in the event an eagle is injured or an eaglet is found on the ground,
you must provide educational materials that outline how to minimize disturbance to eagles, along with contact information for an eagle
rehabilitator to the following:
a. The contractor and construction personnel;
b. Residents occupying any house described in Condition D; and
c. Maintenance personnel responsible for the post -project maintenance of the project area described in Condition D.
7. Site stormwater ponds no closer than 330 feet from the eagle nest. Plant native pines and/or hardwoods and native groundcover
around the pond to create, enhance, or expand the visual buffer between construction and any associated activities described in
Condition D and the eagle nest.
8. Retain the largest native pines and hardwoods for use as potential eagle roost or nest sites by preserving all native trees outside of
project footprint. Maintain and/or create, enhance or expand the visual vegetation buffer between construction activities and the eagle
nest by planting appropriate native pines or hardwoods.
9. Down -shield all new permanent exterior lighting so that lights do not shine directly onto the eagle nest.
10. Follow state and federal guidelines, laws and label instructions at all times if using pesticides, herbicides, or other chemicals on
property identified in Condition D.
H. Subpermittees.
1. Any person who is employed by or under contract to you for the activities specified in this permit, or otherwise designated a
subpermittee by you in writing, may exercise the authority of this permit. Subpermittees must be at least 18 years of age.
2. Any subpermittee who has been delegated this authority may not re -delegate to another individual/business.
3. You are responsible for ensuring that your subpermittees are qualified to perform the work and adhere to the terms of your permit.
You are also responsible for maintaining current records of designated subpermittees. As the permittee, you are ultimately legally
responsible for compliance with the terms and conditions of this permit and that responsibility may not be delegated.
4. You and any subpermittees must carry a legible copy of this permit and display it upon request whenever exercising its authority.
I. Monitoring Requirements.
A qualified monitor is required to monitor eagle use of the nesting territory, which is defined as up to a 1.5 mile radius of the eagle
nest identified in Condition D, on property that is legally accessible by you here the activities outlined in Condition D occur.
The monitor must be experienced in recognizing specific patterns and changes of eagle behavior, and employed by or contracted by
the permittee, landowner, company or entity responsible for having the activity monitored. The monitor must also be as inconspicuous
as possible, so not to cause a disturbance with their presence, and when applicable, a wildlife blind or viewing location out of direct
sight of the eagles is recommended. Monitoring must not cause a disturbance as defined above in Condition D and must be
conducted at a distance that allows for observation without an interruption in the eagle's normal behavior.
If a new eagle nest is built on the Avent Trailwood development property, you must report that new eagle nest location within 10
days to the Southeast Region Eagle Biologist. Additional monitoring may be required based on the new eagle nest location in relation
to activities described in Condition D.
2. Monitoring must occur at a time of day when eagles are most likely to be in the area, (e.g. early morning, beginning'/2 hour
before sunrise, or late afternoon, beginning'/2 hour before sunset). You must assess whether or not the eagles return to the
nesting territory as identified in Monitoring Requirements No. 1 and continue to nest, roost and/or forage there, and/or if the
eagles attempt to build or occupy another nest.

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SHORT-TERM EAGLE INCIDENTAL TAKE
Permit Number: MB30133D-1
Effective: 06/17/2019 Expires: 09/30/2023
3. Once project activities have begun, including if construction activities have begun but are not occurring, monitoring is required
annually to determine eagle nesting activity and/or nest failure. During each nesting season, no additional monitoring is
required once eaglets have fledged from the nest or nest failure is documented.
The required monitoring period is:
a. During each eagle nesting season, defined as October 1 through May 15, or when eagles are present at the nest and
b. For an additional (1) nesting season after project has been completed.
Monitoring must be conducted according to the following schedule:
Frequency
Month
Time
Once
November
60 - 90 minutes
Once
Between December 15 and January 15
60 - 90 minutes
Once
Between February 15 and March 15
60 - 90 minutes
Once
April
60 - 90 minutes
Once
May
60 - 90 minutes
Once
Every month after until fledging or nest failure is documented
60 - 90 minutes
4. Monitoring reports must include the following information:
a. Date and length of time Bald Eagles were observed;
b. Time of day;
c. Number and age of Bald Eagles observed (i.e. juvenile, immature, subadult, adult); if age is not known, provide description;
d. Observed behavior (e.g. perching, feeding, sitting on or attending nest, in flight);
e. If a new eagle nest is built on or adjacent to your property, the new location and whether the eagles produced young at that site;
f. If any eagle nesting attempt was successful, failed or the eagles abandoned the area; and
g. A description of any human activity at the time eagles are observed during each month of the monitoring period,
(e.g. construction, road building, use of machinery, etc.).
If nesting activity is observed, monitoring must continue until successful fledging or nest failure/abandonment is documented,
which may be prior to or after May 15.
Reporting Requirements.
1. You may use Form 3-202-15 (Eagle Take Annual Report) found online at www.fws.ciov/forms/3-202-15.pdf to report monthly and
annual Bald Eagle monitoring activities. Use of this form is not mandatory, but the same information must be submitted.
2. You must annually submit your monitoring reports, including your summary Eagle Take Annual Report (Form 3-202-15), by June 30
of each calendar year a report is required, as follows:
a. Electronically to FW4eaglemonitorinciafws.gov. The email subject line for each report submittal must reference
the permit number, project title or name, and month/year of report, and
b. Mailed to the migratory bird permit issuing office at U.S. Fish and Wildlife Service, 1875 Century Boulevard, Atlanta,
Georgia, 30345.
If no eagle activity is observed, a report indicating "no activity observed" is still required.
If project activities were delayed or not conducted, an Annual Report indicating that "no activities occurred" is required.
Standard Conditions
Eagle Take (Disturbance) Permit
50 CFR 22.26
All of the provisions and conditions of the governing regulations at 50 CFR part 13 and 50 CFR part 22.26 are conditions of your permit.
Failure to comply with the conditions of your permit could be cause for suspension of the permit and/or citation. The standard conditions
below are a continuation of your permit conditions. If you have any questions regarding these conditions, refer to the regulations and forms,
or to obtain contact information for your issuing office, visit:
https://www.fws.gov/birds/policies-and-regulations/permits/permit-policies-and-regulations.php.
1. This permit does not authorize you to conduct activities on federal, state, tribal, or other public or private property without additional prior
written permits or permission from the agency/landowner.
2. You remain responsible for all outstanding monitoring requirements and mitigation measures required under the terms of the permit for
take that occurs prior to cancellation, expiration, suspension, or revocation of the permit. Provisions for discontinuance of permit activity are

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SHORT-TERM EAGLE INCIDENTAL TAKE
Permit Number: MB30133D-1
Effective: 06/17/2019 Expires: 09/30/2023
outlined in 50 CFR 13.26.
3. You must maintain records as required in 50 CFR 13.46 and 50 CFR 22. Your records must also include the data gathered for monitoring
and reporting purposes. All records relating to the permitted activities must be kept at the location indicated in writing by you to the migratory
bird permit issuing office.
4. Acceptance of this permit authorizes the U.S. Fish and Wildlife Service to inspect and audit or copy any permits, books or records required
to be kept by the permit and governing regulations (50 CFR 13.47).
5. You must allow Service personnel, or other qualified persons designated by the Service, access to the areas where eagles are likely to be
affected by your project activities, at any reasonable hour, and with reasonable notice from the Service, for purposes of monitoring eagles at
the site(s) while the permit is valid and for up to 3 years after it expires. (50 CFR 22.26(c)(4))
6. The Service may amend, suspend, or revoke a permit issued under this section if new information indicates that revised permit conditions
are necessary, or that suspension or revocation is necessary, to safeguard local or regional eagle populations. This provision is in addition to
the general criteria for amendment, suspension, and revocation of Federal permits set forth in 50 CFR §§13.23, 13.27, and 13.28.
7. To renew this permit if the activities described in Condition D have not been completed by the expiration date of this permit, permittee must
meet issuance criteria at the time of renewal and must also have been in compliance with permit conditions, including all monitoring and
reporting requirements of the original permit. Permit conditions may be modified based on changes in eagle or human use of the property
surrounding the project described in Condition D.