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Home My WebLink About20200172 Ver 1_T&E Review Request Package (PN 44877)_20200129 CIVIL ENGINEERING | ENVIRONMENTAL | SURVEYING | GIS | LANDSCAPE ARCHITECTURE | CONSTRUCTION SERVICES 5410 Trinity Road Suite 102 Raleigh,NC 27607 P 919.866.4951 F 919.859.5663 www.timmons.com January 28, 2020 Mr. Pete Benjamin U.S. Fish and Wildlife Service – Raleigh Field Office P.O. Box 33726 Raleigh, NC 27636-3726 Re: Protected Species Survey and Habitat Assessment: Briarhaven (Approx. 2.9 acres) Wake County, North Carolina Dear Mr. Benjamin, On behalf of Briarhaven Properties, LLC, please find the enclosed Protected Species and Habitat Review for the above referenced property (hereafter the “Site”). The purpose of the investigation was to evaluate the Site for the presence or absence of federally protected species or suitable habitat for federally protected species which have the potential to occur within the Site boundaries or within 1 mile of the Site. The Site encompasses approximately 2.9 acres and is located southeast of the intersection of Bricksteel Lane and Raynor Road in Wake County, North Carolina. Land use at the Site consists of 2.9 acres of forested area with 0.58 acres of that being palustrine forested (PFO) wetland. In addition to this wetland feature that runs north to south through the center of the site, there is an intermittent stream immediately east of the property boundary. Vegetation onsite is dominated by approximately mixed bottomland hardwood forest. The USFWS IPaC search for the Site (Raleigh Field Office Consultation Code 04EN2000-2020-SLI-0253 and Event Code 04EN2000-2020-E-00577) identified three (3) federally endangered species: red-cockaded woodpecker (Picoides borealis), dwarf wedgemussel (Alasmidonta heterodon), and Michaux’s sumac (Rhus michauxii); one (1) federally threatened species: yellow lance (Elliptio lanceolata); and three (3) species proposed for listing: Neuse River waterdog (Necturus lewisi), Carolina madtom (Noturus furiosus), and Atlantic pigtoe (Fusconaia masoni). The site does not contain any stream features, therefore, it is the opinion of Timmons that the proposed project will have no effect on the following species: Neuse River waterdog, Carolina madtom, Atlantic pigtoe, dwarf wedgemussel, and yellow lance. Due to the absence of mature pine and mixed hardwood-pine stands in the vicinity of the Site, it is the opinion of Timmons Group that no suitable habitat for the red-cockaded woodpecker exists on-Site. Further, no occurrences were observed. Therefore any proposed disturbance will have no effect on the red-cockaded woodpecker. CIVIL ENGINEERING | ENVIRONMENTAL | SURVEYING | GIS | LANDSCAPE ARCHITECTURE | CONSTRUCTION SERVICES 5410 Trinity Road Suite 102 Raleigh,NC 27607 P 919.866.4951 F 919.859.5663 www.timmons.com During the Site inspection, no suitable habitat for Michaux’s sumac was observed. Additionally, no occurrences were observed at the time of inspection, which was conducted within the recommended survey window (occurred on August 11, 2019). Therefore, due to the lack of suitable habitat and known occurrences within one mile of the Site, it is the opinion of Timmons that any proposed disturbance will have no effect on Michaux’s sumac. Additionally, Timmons Group assessed the potential for impacts to the northern long- eared bat (Myotis septentrionalis) and bald eagle (Haliaeetus leucocephalus). Several standing dead trees were observed on-Site, which may represent potentially suitable habitat for the northern long-eared bat. However, the site is not located within the known range of the northern long-eared bat and there are no known maternity roost trees or hibernacula documented at the Site or within one-mile of the Site. . Potentially suitable bald-eagle roosting habitat was observed, but no suitable foraging habitat was noted, and no nests were observed. Therefore, it is the opinion of Timmons Group that any proposed disturbance will have no effect on the northern long-eared bat and bald eagle. Please review this enclosure and contact Lauren Norris-Heflin at (919) 866-4943 or lauren.norris-heflin@timmons.com with any questions. Sincerely, Timmons Group Sydni Law Environmental Technician Lauren Norris-Heflin Senior Environmental Scientist APPENDICES APPENDIX A – Self Certification Letter Self-Certification Letter Project Review Checklist Species Conclusion Table APPENDIX B – Species Reports Official IPaC Species Reports NCNHP Species Reports APPENDIX C - Figures Figure 1 Vicinity Map Figure 2 Aerial Map APPENDIX A Raleigh Field Office P.O. Box 33726 Raleigh, NC 27636-3726 Self-Certification Letter Project Name______________________________ Dear Applicant: Thank you for using the U.S. Fish and Wildlife Service (Service) Raleigh Ecological Services online project review process. By printing this letter in conjunction with your project review package, you are certifying that you have completed the online project review process for the project named above in accordance with all instructions provided, using the best available information to reach your conclusions. This letter, and the enclosed project review package, completes the review of your project in accordance with the Endangered Species Act of 1973 (16 U.S.C. 1531-1544, 87 Stat. 884), as amended (ESA), and the Bald and Golden Eagle Protection Act (16 U.S.C. 668-668c, 54 Stat. 250), as amended (Eagle Act). This letter also provides information for your project review under the National Environmental Policy Act of 1969 (P.L. 91-190, 42 U.S.C. 4321-4347, 83 Stat. 852), as amended. A copy of this letter and the project review package must be submitted to this office for this certification to be valid. This letter and the project review package will be maintained in our records. The species conclusions table in the enclosed project review package summarizes your ESA and Eagle Act conclusions. Based on your analysis, mark all the determinations that apply: “no effect” determinations for proposed/listed species and/or proposed/designated critical habitat; and/or “may affect, not likely to adversely affect” determinations for proposed/listed species and/or proposed/designated critical habitat; and/or “may affect, likely to adversely affect” determination for the Northern long- eared bat (Myotis septentrionalis) and relying on the findings of the January 5, 2016, Programmatic Biological Opinion for the Final 4(d) Rule on the Northern long-eared bat; “no Eagle Act permit required” determinations for eagles. January 28, 2020 Briarhaven ✔ ✔ Applicant Page 2 We certify that use of the online project review process in strict accordance with the instructions provided as documented in the enclosed project review package results in reaching the appropriate determinations. Therefore, we concur with the “no effect” or “not likely to adversely affect” determinations for proposed and listed species and proposed and designated critical habitat; the “may affect” determination for Northern long-eared bat; and/or the “no Eagle Act permit required” determinations for eagles. Additional coordination with this office is not needed. Candidate species are not legally protected pursuant to the ESA. However, the Service encourages consideration of these species by avoiding adverse impacts to them. Please contact this office for additional coordination if your project action area contains candidate species. Should project plans change or if additional information on the distribution of proposed or listed species, proposed or designated critical habitat, or bald eagles becomes available, this determination may be reconsidered. This certification letter is valid for 1 year. Information about the online project review process including instructions, species information, and other information regarding project reviews within North Carolina is available at our website http://www.fws.gov/raleigh/pp.html. If you have any questions, you can write to us at Raleigh@fws.gov or please contact Leigh Mann of this office at 919-856-4520, ext. 10. Sincerely, /s/Pete Benjamin Pete Benjamin Field Supervisor Raleigh Ecological Services Enclosures - project review package Project Review Checklist Step Item Required Date completed/ Notes 1 and 2 Official Species List from IPaC (will include map showing the action area) Yes IPaC report generated 11.20.2019 (Appendix B), with a map of project area. Additional maps included in Appendix C. 3 NCDENER-Heritage Program database results or correspondence. If applicable NCDENR NCNHP database results/correspondence obtained 11.19.2019 (Appendix B). 4 and 5 Habitat Assessments or Species Surveys If applicable 6 Bald Eagle Conclusion Table Yes Included in Species Conclusion Table (Appendix B). 7 NLEB Yes Included in Species Conclusion Table (Appendix B). 8 Species Conclusion Table Yes Finished on 11.21.2019. Included in Appendix A. 9 Online project review request letter or Online project review certification letter Yes Finished on 11.21.2019. Included in Appendix A. 10 Other documentation to support your conclusions If applicable Additional maps included in Appendix C. Photographic log included in Appendix D. Instructions Contact us Submit project review packages electronically to Raleigh@fws. gov. Please indicate in your email subject title if you are submit- ting a "Review Request Letter" or a "Self-Certification Letter." All project reviews will receive a return receipt to inform you that your project has been successfully submitted to this office. Please note that any single email, including attachments, must be smaller than 25 MB. If a single email would be larger than 25 MB, please spread out multiple attachments among several emails (use the same subject name and project reference in all emails related to an individual project). If this is not practical, please mail a hard copy or DVD containing the project review package to our office: Raleigh Field Office P.O. Box 33726 Raleigh, NC 27636-3726 Maintain a complete copy of the project review package in your files since it will become an integral part of your official record of compliance. If you have questions or comments concerning this process, please contact Leigh Mann at (919) 856-4520 extension 10 or via email at Raleigh@fws.gov. http://Raleigh.fws.gov Federal Relay Service for the deaf and hard‐of‐hearing 1 800/877 8339 U.S. Fish and Wildlife Service http://www.fws.gov 1 800/344 WILD January 2017 U.S. Fish & Wildlife Service Species Conclusions Table Project Name: Briarhaven (Garner, NC) Date: January 27, 2020 Species / Resource Name Conclusion ESA Section 7 / Eagle Act Determination Notes / Documentation Critical habitat No critical habitat present No effect Bald eagle (Haliaeetus leucocephalus) Unlikely to disturb nesting bald eagles No Eagle Act permit required No occurrences of bald eagles or associated nests observed during site inspection. No suitable foraging habitat observed within vicinity of site. Red-cockaded woodpecker (Picoides borealis) Potential habitat present, no current survey conducted No effect Based on aerials during winter months, there are a few pine trees within the action area, however, the area is primarily hardwood dominated. Further, no mature pine stands were observed within the vicinity of the site. An NCNHP database search reports no known occurrences or surveys for the action area. Neuse river waterdog (Necturus lewisi) No suitable habitat present No effect No streams located onsite Carolina madtom (Noturus furiosus) No suitable habitat present No effect No streams located onsite Atlantic Pigtoe (Fusconaia masoni) No suitable habitat present No effect No streams located onsite Dwarf wedgemussel (Alasmidonta heterodon) No suitable habitat present No effect No streams located onsite Yellow lance (Elliptio lanceolate) No suitable habitat present No effect No streams located onsite Michaux’s sumac (Rhus michauxii) No suitable habitat present No effect The site consists of a bottomland hardwood forest with a relatively dense understory. Further, no occurrences of Michaux’s sumac were observed during the site inspection. Acknowledgement: I agree that the above information about my proposed project is true. I used all of the provided resources to make an informed decision about impacts in the immediate and surrounding areas. _______________________________________________________________ _01/27/2020__________________________ Signature /Title Date APPENDIX B November 20, 2019 United States Department of the Interior FISH AND WILDLIFE SERVICE Raleigh Ecological Services Field Office Post Office Box 33726 Raleigh, NC 27636-3726 Phone: (919) 856-4520 Fax: (919) 856-4556 In Reply Refer To: Consultation Code: 04EN2000-2020-SLI-0253 Event Code: 04EN2000-2020-E-00577 Project Name: Briarhaven Subject: List of threatened and endangered species that may occur in your proposed project location, and/or may be affected by your proposed project To Whom It May Concern: The species list generated pursuant to the information you provided 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.). 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 ECOS-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 ECOS-IPaC system by completing the same process used to receive the enclosed list. 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 11/20/2019 Event Code: 04EN2000-2020-E-00577 2 evaluation and can be found on our web page at http://www.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. Please be aware that bald and golden eagles are protected under the Bald and Golden Eagle Protection Act (16 U.S.C. 668 et seq.), and projects affecting these species may require development of an eagle conservation plan (http://www.fws.gov/windenergy/ eagle_guidance.html). Additionally, wind energy projects should follow the wind energy guidelines (http://www.fws.gov/windenergy/) for minimizing impacts to migratory birds and bats. Guidance for minimizing impacts to migratory birds for projects including communications towers (e.g., cellular, digital television, radio, and emergency broadcast) can be found at: http:// www.fws.gov/migratorybirds/CurrentBirdIssues/Hazards/towers/towers.htm; http:// www.towerkill.com; and http://www.fws.gov/migratorybirds/CurrentBirdIssues/Hazards/towers/ comtow.html. Not all Threatened and Endangered Species that occur in North Carolina are subject to section 7 consultation with the U.S Fish and Wildlife Service. Atlantic and shortnose sturgeon, sea turtles,when in the water, and certain marine mammals are under purview of the National Marine Fisheries Service. If your project occurs in marine, estuarine, or coastal river systems you should also contact the National Marine Fisheries Service, http://www.nmfs.noaa.gov/ 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 Tracking Number in the header of this letter with any request for consultation or correspondence about your project that you submit to our office. If you have any questions or comments, please contact John Ellis of this office at john_ellis@fws.gov. 11/20/2019 Event Code: 04EN2000-2020-E-00577 3 Ƒ Attachment(s): Official Species List 11/20/2019 Event Code: 04EN2000-2020-E-00577 1 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 Post Office Box 33726 Raleigh, NC 27636-3726 (919) 856-4520 11/20/2019 Event Code: 04EN2000-2020-E-00577 2 Project Summary Consultation Code: 04EN2000-2020-SLI-0253 Event Code: 04EN2000-2020-E-00577 Project Name: Briarhaven Project Type: DEVELOPMENT Project Description: Preparing land to sell for commercial use. Project Location: Approximate location of the project can be viewed in Google Maps: https:// www.google.com/maps/place/35.673787433294436N78.54971913553649W Counties: Wake, NC 11/20/2019 Event Code: 04EN2000-2020-E-00577 3 1. Endangered Species Act Species There is a total of 7 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 Fisheries , 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. 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. Birds NAME STATUS Red-cockaded Woodpecker Picoides borealis No critical habitat has been designated for this species. Species profile: https://ecos.fws.gov/ecp/species/7614 Endangered Amphibians NAME STATUS Neuse River Waterdog Necturus lewisi There is proposed critical habitat for this species. Your location is outside the critical habitat. Species profile: https://ecos.fws.gov/ecp/species/6772 Proposed Threatened Fishes NAME STATUS Carolina Madtom Noturus furiosus There is proposed critical habitat for this species. Your location is outside the critical habitat. Species profile: https://ecos.fws.gov/ecp/species/528 Proposed Endangered 1 11/20/2019 Event Code: 04EN2000-2020-E-00577 4 Clams NAME STATUS Atlantic Pigtoe Fusconaia masoni There is proposed critical habitat for this species. Your location is outside the critical habitat. Species profile: https://ecos.fws.gov/ecp/species/5164 Proposed Threatened 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 No critical habitat has been designated for this species. Species profile: https://ecos.fws.gov/ecp/species/4511 Threatened Flowering Plants NAME STATUS Michaux's Sumac Rhus michauxii No critical habitat has been designated for this species. Species profile: https://ecos.fws.gov/ecp/species/5217 Endangered Critical habitats THERE ARE NO CRITICAL HABITATS WITHIN YOUR PROJECT AREA UNDER THIS OFFICE'S JURISDICTION. NCNHDE-10725 November 19, 2019 Sydni Law Timmons Group 5410 Trinity Road Raleigh, NC 27607 RE: Briarhaven Dear Sydni Law: 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: https://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, Clean Water Management Trust 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 Rodney A. Butler at rodney.butler@ncdcr.gov or 919-707-8603. Sincerely, NC Natural Heritage Program Natural Heritage Element Occurrences, Natural Areas, and Managed Areas Within a One-mile Radius of the Project Area Briarhaven November 19, 2019 NCNHDE-10725 Element Occurrences Documented Within a One-mile Radius of the Project Area Taxonomic Group EO ID Scientific Name Common Name Last Observation Date Element Occurrence Rank Accuracy Federal Status State Status Global Rank State Rank Dragonfly or Damselfly 32043 Coryphaeschna ingens Regal Darner 2004-Pre H? 5-Very Low --- Significantly Rare G5 S2? No Natural Areas are Documented Within a One-mile Radius of the Project Area No Managed Areas are Documented Within a One-mile Radius of the Project Area Definitions and an explanation of status designations and codes can be found at https://ncnhde.natureserve.org/content/help. Data query generated on November 19, 2019; source: NCNHP, Q4 Oct 2019. Please resubmit your information request if more than one year elapses before project initiation as new information is continually added to the NCNHP database. Page 2 of 3 Page 3 of 3 APPENDIX C U.S.G.S. QUADRANGLE(S):DATE(S):WATERSHED(S):HYDROLOGIC UNIT CODE(S): TIMMONS GROUP JOB NUMBER:PROJECT STUDY LIMITS:LATITUDE:LONGITUDE: BriarhavenWAKE COUNTY, NORTH CAROLINAFIGURE 1: VICINITY MAP 44877 35.674157 -78.549887 2.9 ACRES GARNER2016 03020201UPPER NEUSE (NEUSE RIVER BASIN) These plans and associated documents are the exclusive property of TIM MONS GRO UP and may not be reproduced in whole or in part and shall not be used for any purpose whatsoever, inclusive, but not limited to construction, bidding, and/or construction staking without the express written consent of TIM MONS GRO UP. Path: Y:\805\44877 - Briarhaven\Environmental\T & E Species\_FINAL\Fig 1-VIC.mxd 5 0 1,000 2,000 3,000 4,000Feet Site limits are approximate.Topographic imagery from USGS. Site Limits U.S.G.S. QUADRANGLE(S):DATE(S):WATERSHED(S):HYDROLOGIC UNIT CODE(S): TIMMONS GROUP JOB NUMBER:PROJECT STUDY LIMITS:LATITUDE:LONGITUDE: H ein D rBRIARHAVENWAKE COUNTY, NORTH CAROLINAFIGURE 2: AERIAL MAP 44877 35.674157 -78.549887 2.9 ACRES GARNER2016 03020201UPPER NEUSE (NEUSE RIVER BASIN) These plans and associated documents are the exclusive property of TIM MONS GRO UP and may not be reproduced in whole or in part and shall not be used for any purpose whatsoever, inclusive, but not limited to construction, bidding, and/or construction staking without the express written consent of TIM MONS GRO UP. Path: Y:\805\44877 - Briarhaven\Environmental\T & E Species\Supporting documents\Fig 2 - Aeriall Map.mxd 5 0 90 180 270 360Feet 1730307514BRIARHAVEN PROPERTIES, LLC Legend Project Limits - 2.9 Acres