20200122 Ver 1_31 Endangered Species_20200120

Attachment 31 Endangered Species
United States Department of the Interior
FISH AND WILDLIFE SERVICE
Raleigh ES Field Office
Post Office Box 33726
Raleigh, North Carolina 27636-3726
August 8, 2019
Skip Green
Skip Green and Associates, Inc.
123 Windgate Drive
Clayton, NC 27527
Re: Town of Four Oaks Water & Sewer Extensions - Johnston County
Dear Mr. Green:
This letter is to inform you that the Service has established an on-line project planning and
consultation process which assists developers and consultants in determining whether a
federally-listed species or designated critical habitat may he affected by a proposed project. For
future projects. please Visit the Raleigh Field Office's project planning website at
https://www.fws.gov!raleighlpp.html. If you are only searching for a list of species that may be
present in the project's Action Area, then you may use the Service's Information, Planning, and
Consultation System (IPaC) website to determine if any listed, proposed, or candidate species
may be present in the Action Area and generate a species list. The IPaC website may be viewed
at https://ecos.fws.gov/ipac/. The IPaC web site contains a complete and frequently updated list
of all endangered and threatened species protected by the provisions of the Endangered Species
Act of 1973, as amended (16 U.S.C. 1531 et seq.)(Act), a list of federal species of concern' that
are known to occur in each county in North Carolina, and other resources.
Section 7 of the Act requires that all federal agencies (or their designated non-federal
representative), in consultation with the Service, insure that any action federally authorized,
funded, or carried out by such agencies is not likely to jeopardize the continued existence of any
federally-listed endangered or threatened species. A biological assessment or evaluation may be
prepared to fulfill that requirement and in determining whether additional consultation with the
Service is necessary. In addition to the federally-protected species list, information on the
species' life histories and habitats and information on completing a biological assessment or
The term federal species of concern" refers to those species which the Service believes might be in need of
concentrated conservation actions. Federal species of concern receive no legal protection and their designation does
not necessarily imply that the species will eventually be proposed for listing as a federally endangered or threatened
species. However, we recommend that all practicable measures be taken to avoid or minimize adverse impacts to
federal species of concern.
evaluation and can be found on our web page at http:Ilwww.fws.gov/raleigh. Please check the
web site often for updated information or changes.
If your project contains suitable habitat for any of the federally-listed species known to be
present within the county where your project occurs, the proposed action has the potential to
adversely affect those species. As such, we recommend that surveys be conducted to determine
the species' presence or absence within the project area. The use of North Carolina Natural
Heritage program data should not be substituted for actual field surveys.
If you determine that the proposed action may affect (i.e., likely to adversely affect or not likely
to adversely affect) a federally-protected species, you should notify this office with your
determination, the results of your surveys, survey methodologies, and an analysis of the effects
of the action on listed species, including consideration of direct, indirect, and cumulative effects,
before conducting any activities that might affect the species. If you determine that the proposed
action will have no effect (i.e., no beneficial or adverse, direct or indirect effect) on federally
listed species, then you are not required to contact our office for concurrence (unless an
Environmental Impact Statement is prepared). However, you should maintain a complete record
of the assessment, including steps leading to your determination of effect, the qualified personnel
conducting the assessment, habitat conditions, site photographs, and any other related articles.
With regard to the above-referenced project, we offer the following remarks. Our comments are
submitted pursuant to, and in accordance with, provisions of the Endangered Species Act.
Based on the information provided and other information available, it appears that the proposed
action is not likely to adversely affect any federally-listed endangered or threatened species, their
formally designated critical habitat, or species currently proposed for listing under the Act at
these sites. We believe that the requirements of section 7(a)(2) of the Act have been satisfied for
your project. Please remember that obligations under section 7 consultation must be
reconsidered if: (1) new information reveals impacts of this identified action that may affect
listed species or critical habitat in a manner not previously considered; (2) this action is
subsequently modified in a manner that was not considered in this review; or, (3) a new species
is listed or critical habitat determined that may be affected by the identified action.
However, the Service is concerned about the potential impacts the proposed action might have
on aquatic species. Aquatic resources are highly susceptible to sedimentation. Therefore, we
recommend that all practicable measures be taken to avoid adverse impacts to aquatic species,
including implementing directional boring methods and stringent sediment and erosion control
measures. An erosion and sedimentation control plan should be submitted to and approved by
the North Carolina Division of Land Resources, Land Quality Section prior to construction.
Erosion and sedimentation controls should be installed and maintained between the construction
site and any nearby down-gradient surface waters. In addition, we recommend maintaining
natural, vegetated buffers on all streams and creeks adjacent to the project site.
The North Carolina Wildlife Resources Commission has developed a Guidance Memorandum (a
copy can be found on our website at (http://www.fws.gov/raleigh) to address and mitigate
secondary and cumulative impacts to aquatic and terrestrial wildlife resources and water quality.
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e~~` (7~~
ete Benjamin
Field Supervisor
We recommend that you consider this document in the development of your projects and in
completing an initiation package for consultation (if necessary).
We hope you find our web page useful and informative and that following the process described
above will reduce the time required, and eliminate the need, for general correspondence for
species' lists. If you have any questions or comments, please contact John Ellis of this office at
[phone] ext. 26.
Sincerely,
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Sg Skip Green and Associates, Inc.
July 25, 2019
Pete Benjamin, Ecological Services Supervisor
Raleigh Field Office
U.S. Fish and Wildlife
551 Pylon Drive, Suite F
Raleigh, North Carolina 27606-1487
SUBJECT: Johnston County and the Town of Four Oaks Water and Sewer
Extensions To Serve Town of Four Oaks 1-95 Corridor Where
Broad River Retail Is Locating A Warehouse/Distribution and Retail
Center
Request for comments concerning compliance with the
Endangered Species Act of 1973 as Amended (16 U.S.C. 1531-
1543)
Dear Mr. Benjamin:
The Town of Four Oaks is submitting a Small Cities Community Development Block
Grant - Economic Development (CDBG-ED) to the Rural Economic Development
Division, North Carolina Department of Commerce; and the Town of Four Oaks and
Johnston County are submitting a joint application to the Economic Development
Administration, U.S. Department of Commerce for grant funds that will help finance
Town of Four Oaks sewer and Johnston County water extensions to a site where Broad
River Retail, LLC is locating a warehouse/distribution and retail center. The water and
sewer extensions will occur within a corridor on the east side of 1-95 between the I-
95/U5701 and 1-95 Keen Road interchanges.
The EDA application requires the submittal of an Environmental Narrative that includes
US Fish & Wildlife Service project comments in respect to the Endangered Species Act
of 1973 as Amended (16 U.S.C. 1531-1543).
Enclosed for your review and comments are:
• US Fish & Wildlife Outline of a Biological Assessment / Biological Evaluation.
• Project Maps.
• Project Photos.
Please send your written comments to attention:
Skip Green, Project Administrator
Skip Green and Associates, Inc.
123 Windgate Drive
Clayton, North Carolina 27527
123 Windgate Drive, Clayton, NC 27527
Phone/Fax: [phone]
Sg Skip Green and Associates, Inc.
July 25, 2019
Pete Benjamin
Ecological Services Supervisor
Page 2
and
Keith Dyche, Regional Environmental Officer
Economic Development Administration, US Department of Commerce
Atlanta Regional Office
Suite 1820
401 West Peachtree St., N.W.
Atlanta, Georgia 30308-3510.
Please contact me if you have any questions.
Thank you for your assistance.
Sincerely,

President
Enclosures: US Fish & Wildlife Outline of a Biological Assessment / Biological
Evaluation
123 Windgate Drive, Clayton, NC 27527
Phone/Fax: [phone]
Johnston County/Town of Four Oaks
Water/Sewer Improvements to Serve Four Oaks/I-95 Corridor
Where Broad River Retail (Ashley Furnitre) Is Locating
Outline of a Biological Assessment I Biological Evaluation
A. Cover letter - Include project title, purpose, and effect determinations for each listed species
and designated critical habitat (i.e., no effect; may affect, not likely to adversely affect; and/or,
may affect, likely to adversely affect).
1. PROPOSED PROJECT —JthiCotrtyaidTown of Four Oaks Water/Sewer Infrastructure
Improvements to Serve the Four Oaks/1-95 Corridor That Support a Broad River Retail
(Ashley Furniture) Warehouse/distribution and Retail Center that will employ 161 full-time
positions within 24 months of opening.
The Town of Four Oaks is submitting a Small Cities Community Development Block Grant -
Economic Development (CDBG-ED) to the Rural Economic Development Division, North Carolina
Department of Commerce; and the Town of Four Oaks and Johnston County are submitting a joint
application to the Economic Development Administration, U.S. Department of Commerce (EDA) for
grant funds that will help finance Town of Four Oaks sewer and Johnston County water extensions to
a site where Broad River Retail, LLC is locating a warehouse/distribution and retail center. The water
and sewer extensions will occur within a corridor on the east side of 1-95 between the 1-95/U5701
and 1-95 Keen Road interchanges.
Johnston County is targeting the development of the 1-95 corridor running north to south through
central Johnston County to promote job creation and private investment particularly to the central
and eastern portion of the county. The Johnston County 1-95 corridor is centrally located on the East
Coast with a major 1-40 interchange with direct access via 1-40 to the North Carolina Port at
Wilmington (108 miles from Four Oaks) and the Research Triangle Park/Raleigh-Durham
International Airport with adjacent Free Trade Zone 93 (49 miles from Four Oaks). Within Johnston
County 1-95 and 1-40 also have major interchanges with US 70. The North Carolina Port at Morehead
City, via four-lane US 70, is located approximately 120 miles from the intersection of 1-95 and US 70
at Smithfield. The presence of 1-95 and 1-40 with major 1-95/1-40 and 1-95/US 70 interchanges and its
central East Coast location results in the Johnston County 1-95 corridor being ideally suited for
warehouse/distribution facilities. The major obstacle to 1-95 corridor development is the lack of public
infrastructure.
The focus of the proposed EDA investment is to extend sewer to and loop the water transmission
system serving the approximate 28 acre site in the section of the 1-95/Four Oaks corridor where
Broad River Retail, LLC, an Ashley Home Store licensee, (Broad River) will locate a $16 million
warehouse/ distribution/retail/training campus that will employ 161 full-time positions in a 182,300 sq.
ft. facility. The average annual wage for all employees is projected to be $42,236 with additional
employer paid benefits. The site size and location of the building footprint will enable planned future
campus expansions. The sizing and location of proposed EDA water and sewer improvements are
to meet Broad River's domestic sewer and fire protection needs, as well as, serve the entire corridor
on the eastern side of 1-95 where improvements will occur between 1-95 interchanges with Keen
Road and NC 96.
A. Existing and Proposed Infrastructure
Johnston County currently has a 12" watermain in the area that extends from the intersection of I-
95 and NC 96 then south on US 701. A 6" and 8" watermain extends east from this 12" watermain
toward 1-95 on Heath and Spring Lake Roads. Both of these mains "dead-end" at their intersection
with NC 96. The 8" watermain on Spring Lake Road directly serves Broad River's 28 acre site. This
watermain serves the 28-acre site where Broad River is locating. Johnston County's proposed
6,880 LF water main extension from the intersection of 1-95 and NC 96 along NC 96/Brewer Road
to its intersection with Spring Lake Road will provide looping and duplicity to meet Broad River and
future businesses locating in the corridor fire protection needs.
Johnston County/Town of Four Oaks
Water/Sewer Improvements to Serve Four Oaks/I-95 Corridor
Where Broad River Retail (Ashley Furnitre) Is Locating
There currently is no public sewer infrastructure in the corridor to be served by the EDA investment.
The Town of Four Oaks' proposed 3,700 LF gravity sewer extension/forcemain transmission project
will serve an approximate 71-acre area that includes the project site and up to an approximate 165
up to a 400 acre area with additional gravity line extensions.
The project site is served by Brewer Road a two-lane paved service road that parallels 1-95 with I-
95 interchanges at Keen Road and NC 96. See attached Project Site Map.
The EDA and CDBG investment will be used toward the following water and sewer infrastructure
improvements:
• Water improvements: Approximately 6,880 LF of ductile iron pipe; bore & jack - 30" steel
encasement pipe w/16" RJ ductile iron carrier; 7 fire hydrants; wedge gate valves with value
boxes and markers; appurtances; and driveway removal/replacement.
• Sewer improvements: Approximately 3,700 LF 8" PVC SDR-35 gravity sewer line; 14 4'
manholes; 5,000 LF 6" PVC C-900 forcemain; 3 air release valves; 3 6" bore and jack (1-95 and 2
on NC 96; and sewer lift station.
With the exception of the extension of approximately 2,500 LF of gravity sewer and the construction
of the lift all infrastructure improvements will occur within or in close proximity to land disturbed by
road/drainage construction. The site that Broad River Retail will locate has been disturbed by prior
clearance/agricultural use.
Soil types in the project area consist of Bib sandy loam, 0 -2% slopes; Cowarts
loamy sand, 2 - 6% slopes; Faceville sandy loam, 0 - 2% slopes;
Faceville sandy loam, 2 - 6% slopes; Gilead sandy loam, 2 - 6%
slopes; Gilead sandy loam, 8 - 15% slopes; Goldsboro sandy loam, 0
- 2% slopes; Marlboro sandy loam, 2 - 8% slopes; Norfolk loamy
sand, 0 -2% slopes; Norfolk loamy sand, 2 - 6% slopes; Rains sandy
loam, 0 -2% slopes; Toisnot loam, 0 to 2% slopes; Uchee loamy
coarse sand, 2 - 6% slopes; Udorthents, loamy; and Wagram loamy
sand, 0 - 6% slopes. A review of Johnston County's GIS webpage and F E M A
f I o o d p I a i n m a p ( s) indicates no Dwarf Wedge Mussel Habitat or FEMA Floodplain in the
project area.
C. Species and suitable habitat and critical habitat description(s).
US Fish and Wildlife Environmental Conservation Online for Johnston County, NC lists the following
Endangered Species: Red-cockaded woodpecker; Tar River spinymussel; Dwarf wedgemussel; and
Michaux's sumac.
D. Effects of the proposed action.
No endangered species or suitable and critical habitat has been identified.
E. Conservation measures - Describe conservation measures, or actions, that are committed to
be completed, taken to benefit or promote the recovery of listed species that are included as
an integral part of the proposed action (protective measures to minimize or compensate for
effects to each species).
There are no known conservation measures required to minimize or compensate for endangered
species as none have been identified in the project area.
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Johnston County/Town of Four Oaks
Water/Sewer Improvements to Serve Four Oaks/I-95 Corridor
Where Broad River Retail (Ashley Furnitre) Is Locating
F. Conclusion(s) - Provide effect determinations for each species and/or critical habitat.
USGS Topographic maps do not indicate that proposed construction will directly impact any named
streams/surface water sources. The area to be served drains toward Miry Branch. As Johnston
County's GIS webpage does not identify any Dwarf Wedge Mussel Habitat in the project area, and
no streams/surface water sources are impacted - it is concluded that no suitable habitat for the Tar
River spinymussel or Dwarf wedgemussel will be impacted by the project. Due to water and sewer
construction occurring within NC DOT right-of-way except for 2,500 LF of gravity sewer and the
sewer pump station which will be constructed on sites that are currently heavily wooded/vines - it is
concluded that the no suitable habitat for the Red-cockaded woodpecker will be impacted by the
project.
The majority of water and sewer construction will occur within existing cleared NC DOT right-of-way.
It is anticipated that mowing within right-of-way would eliminate any potential impact on Michaux's
sumac. Soil maps and photos are included with this assessment for your review and comments on
this determination.
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