HomeMy WebLinkAbout20201252 Ver 1_S&EC Mckenzie Meadows T&E Report_20210125•
Soil & Environmental Consultants, PA
8412 Falls of Neuse Road, Suite 104, Raleigh, NC 27615 • Phone: (919) 846-5900 • lax: [919) 846-9467
sandec.com
To: U.S. Fish and Wildlife Service October 23, 2020
Raleigh Field Office S&EC Project No: 13918.W9
P.O. Box 33726
Raleigh, NC 27636-3726
Re: Online Project Review Request, McKenzie Meadows (Baynes Property), Wendell - Wake,
North Carolina
We have reviewed the referenced project using the USFWS North Carolina Field Office's online project
review process and have followed all guidance and instructions in completing the review. We completed
our review October 23, 2020 and are submitting our project review package in accordance with the
instructions for further review.
Our proposed action consists of. A planned residential development that is proposing impacts to
wetlands.
The location of the project and the action area are identified on the enclosed maps.
McKenzie Meadows (35.797098,-78.353602). The site is located at 815 Old Zebulon Road, Wendell —
Wake County, North Carolina.
Construction will commence following the anticipated Section 404 & 401 Approvals and should be
completed by the Nationwide Permit Expiration date of March 18, 2022.
This project review is needed under provisions of Section 7 of the Endangered Species Act (ESA), and
per General Condition 18 of Nationwide Permit 29.
The enclosed project review package provides the information about the species and critical habitat
considered in our review. The species conclusions table included in the package identifies our
determinations for the resources that may be affected by the project.
For additional information, please contact Mason Montgomery at mmontgomery@sandec.com
Sincerely,
SOIL & ENVIRONMENTAL CONSULTANTS, PA
Digitally signed by Mason Montgomery
Mason Montgomery PA, cn=Mason Montgomery, o mer @ Environmental Consultants,
PA, ou=5&EC, email=mmontgomery@sandec.com, c=US
Date: 2020.10.23 10:10:36-04'00'
Mason Montgomery
Environmental Specialist, Wetlands Department
Enclosures:
1. Project Request Review Package 6. FWS Official Species List
2. S&EC T&E Species Report 7. NIP Report
3. Vicinity Maps 8. FWS Species Conclusion Table
4. S&EC Photo Report 9. FWS Self -Certification Letter
5. Overall Site Plan
Environmental Consultants,
9412 falls of Neuse Road, Suite 104, Raleigh, NC 27615 • Phone
sandcc. com
October 23, 2020
S&EC Project No.: 13918.W9
To: Carolina Land Group, LLC
Attn: Kirby LaForce
341 Kilmayne Drive, Suite 201
Cary, NC 27511
Re: THREATENED & ENDANGERED SPECIES REPORT
McKenzie Meadows (Baynes Property) (+/- 69 acres)
815 Old Zebulon Road, Wendell, Wake County, NC
Dear Kirby LaForce
On September 22, 2020, Soil & Environmental Consultants, PA (S&EC) evaluated the McKenzie
Meadows Project shown on the attached maps for potential endangered species. The property is located
at 815 Old Zebulon Road in Wake County, NC. Surface waters on site flow into Little River in the Neuse
River Basin, which has been classified in the "Classification and NC DWQ Standards Applicable to
Surface Waters and Wetlands of North Carolina" as WS-V;NSW.
We obtained the attached automatically generated official species list from the U.S. Fish & Wildlife
Service (FWS) and N.C. Natural Heritage Program (NHP) report identifying the protected species on or
within one mile of the project area that could potentially be affected by the project. These FWS & N11P
reports were updated as of the date of this report. The official species list is valid for 90 days.
We conducted site assessments to identify potential suitable habitat and preliminary surveys for the
individual species listed on the official species list. This included assessing the physical characteristics of
the streams, identifying forest types and looking for evidence of the listed species onsite.
The results of the search are discussed below.
RFSTILTS:
The FWS official species list identified the following species for the Evaluation limits:
McKenzie Meadows - S&EC Threatened & Endangered Species Report
Page 1 of 6
October 23, 2020
S&EC Project #13918.W9
• Red -cockaded Woodpecker (Picoides borealis), Endangered
• Neuse River Waterdog (Necturus lewisi), Proposed Threatened
• Carolina Madtom (Noturus furiosus), Proposed Endangered
• Atlantic Pigtoe (Fusconaia masoni), Proposed Threatened
• Dwarf Wedgemussel (Alasmidonta heterodon), Endangered
• Tar River Spinymussel (Elliptio steinstansana), Endangered
• Yellow Lance (Elliptio lanceolate), Threatened
• Michaux's Sumac (Rhus michauxii), Endangered
Of the species identified on the official species list, the NHP report did identify Federally threatened or
endangered species within the project area or within 1 mile of the project area. The NHP listed
occurrences for the Neuse River Waterdog, Dwarf Wedgemussel, and Atlantic Pigtoe. Other State
listed species were found within the project area as listed in the attached NHP report. The NHP report
search identifies one natural areas and four managed land area within 1 mile of the project area. These
are listed out in the attached NHP report.
RED -COCKADED WOODPECKER (Picoides borealis):
S&EC personnel conducted preliminary surveys of suitable habitat (foraging and cavity trees) and
individual Red -cockaded Woodpeckers (RCWs) within the project area. We found no individual
RCWs within the project area. The NHP report did not list any known elemental occurrence within the
project area or within 1 mile of the site. We found no ideal suitable habitat (e.g., Long Leaf pine
forests) within the project area. The Loblolly pine stands onsite are too young (± 25 years old) to be
considered suitable habitat. Given the lack of species present, and no presence of suitable habitat we
concluded that the project would have "No effect' on RCWs.
NEUSE RIVER WATERDOG (Necturus lewisi):
S&EC personnel conducted preliminary surveys of the streams onsite for potential suitable habitat for
the Neuse River Waterdog. The NHP report did list a known elemental occurrence within 1 mile of
the site. This species is found in the Neuse River and Tar River basins. The suitable habitat this species
is found in is typically medium to large streams and rivers with a moderate gradient and large bed
material. The Neuse River Waterdog also needs riffles, runs, and pools. While we did not specifically
McKenzie Meadows - S&EC Threatened & Endangered Species Report
Page 2 of 6
October 23, 2020
S&EC Project #13918.W9
sample for the species, we also did not find any evidence of the species while conducting our
preliminary surveys of the streams for potential suitable habitat
Our preliminary survey concluded that potential suitable habitat does not exist onsite. The perennial
stream along the southern property boundary was +/-4 feet wide with medium baseflow and had a
sandy gravel substrate. Additionally, the only proposed impact to the stream is a 10' wide sewer
easement crossing. Due to these observations we have concluded that the project would have "No
effect' on the Neuse River Waterdog.
ATLANTIC PIGTOE (Fusconaia masonal:
S&EC personnel conducted preliminary surveys of the streams onsite for potential suitable habitat for the
Atlantic Pigtoe (Note: This did not include a detailed aquatic mussel survey for the presence of mussels).
The NHP report did list a known elemental occurrence within 1 mile of the site. The suitable habitat
for this species consists of medium sized creeks to large rivers with excellent water quality. This species
typically lives in streams with coarse sand and gravel with moderate to high flowing water. While we did
not specifically sample for the species, we also did not find any evidence of the species while
conducting our preliminary surveys of the streams for potential suitable habitat
Our preliminary survey concluded that potential suitable habitat does exist onsite. The perennial stream
along the southern property boundary was +/-4 feet wide with medium baseflow and had a sandy
gravel substrate. However, the only proposed impact to the stream is a 10' wide sewer easement
crossing. Due to these observations we have concluded that the project would have "No effect" on the
Atlantic Pigtoe.
DWARF WEDGEMUSSEL (Alasmidonta heterodon):
S&EC personnel conducted preliminary surveys of the streams onsite for potential suitable habitat for the
Dwarf Wedgemussel (Note: This did not include a detailed aquatic mussel survey for the presence of
mussels). The NHP report did list a known elemental occurrence within 1 mile of the site. The Dwarf
Wedgemussel has little to no preference for stream size, flow condition or bed material. Due to this all
the streams onsite could be considered suitable habitat, although no mussels were observed during the
preliminary suitable habitat survey.
McKenzie Meadows - S&EC Threatened & Endangered Species Report
Page 3 of 6
October 23, 2020
S&EC Project #13918.W9
Due to the only proposed impact to the stream is a 10' wide sewer easement crossing, we concluded
that the project would have "No effect" on the Dwarf Wedgemussel.
Tar River Spinymussel (Elliptio steinstansana):
S&EC personnel conducted preliminary surveys of the streams onsite for potential suitable habitat for
the Tar River Spinymussel (Note: This did not include a detailed aquatic mussel survey for the presence
of mussels). The NHP report did not list any known elemental occurrence within the project area or
within 1 mile of it. The suitable habitat for this species consists of silt free sand and gravel substrate,
with well oxygenated reaches. This species typically lives in streams with coarse sand and gravel with
moderate to high flowing water. While we did not specifically sample for the species, we also did not
find any evidence of the species while conducting our preliminary surveys of the streams for potential
suitable habitat.
Our preliminary survey concluded that potential suitable habitat does exist onsite. The perennial stream
along the southern property boundary was +/-4 feet wide with medium baseflow and had a sandy
gravel substrate. However, the only proposed impact to the stream is a 10' wide sewer easement
crossing. Due to these observations we have concluded that the project would have "No effect" on the
Tar River Spinymussel.
YELLOW LANCE (Elliptio lanceolata):
S&EC personnel conducted preliminary surveys of the streams on site for potential suitable habitat for
the Yellow Lance (Note: This did not include a detailed aquatic mussel survey for the presence of
mussels). The NHP report did not list any known elemental occurrence within the project area or
within 1 mile of the site. The suitable habitat for this species consists of medium sized rivers and small
creeks with excellent water quality. This species typically lives in streams clean, coarse sand, and some
gravel with moderate to high flowing water. While we did not specifically sample for the species, we
also did not find any evidence of the species while conducting our preliminary surveys of the streams
for potential suitable habitat
McKenzie Meadows - S&EC Threatened & Endangered Species Report
Page 4 of 6
October 23, 2020
S&EC Project #13918.W9
Our preliminary survey concluded that potential suitable habitat does exist onsite. The perennial stream
along the southern property boundary was +/-4 feet wide with medium baseflow and had a sandy
gravel substrate. However, the only proposed impact to the stream is a 10' wide sewer easement
crossing. Due to these observations we have concluded that the project would have "No effect" on the
Yellow Lance.
NHCHAUX'S SUMAC (Rhus michauxia):
S&EC personnel conducted preliminary surveys of suitable habitat within the project area. We visited
a known population of Michaux's sumac within Wake County prior to conducting our preliminary
surveys. We found no individual Michaux's Sumac species within the project area. The NHP report
did not list any known elemental occurrence within the project area. We found suitable habitat within
the project areas to include primarily disturb open areas along fields, paths, and roads. These areas
believed to be suitable habitat were evaluated in detail. Other sumac species identified onsite included
Winged sumac (Rhus copallinum). Given the lack of species present, within the suitable habitat we
concluded that the project would have "No effect" Michaux's sumac.
BALD EAGLE (Haliaeetus leucocephalus):
S&EC personnel conducted preliminary surveys of suitable habitat, nesting sites, and individual Bald
Eagles within the project area. During our survey, we found no evidence of Bald Eagles or any nesting
sites within the project area. The NHP report did not identify any known nests onsite or within 1 mile
of the site. Given the lack of species present, we have concluded that the project is "Unlikely to disturb
nesting bald eagles". We believe no Eagle Act Permit is required.
NORTHERN LONG-EARED BAT (Myotis septentrionalis):
S&EC personnel conducted preliminary surveys for suitable habitat and individual Northern Long-
eared Bats (NLEB's) within the project area. During our survey, we found no induvial species. Due to
the nature of the project being residential development, we concluded that the project would "May
affect, but not likely to adversely affect" NLEB's.
McKenzie Meadows - S&EC Threatened & Endangered Species Report
Page 5 of 6
October 23, 2020
S&EC Project #13918.W9
CONCLUSION:
After completing the habitat assessments and preliminary surveys, S&EC completed the attached
"Species Conclusion Table" and "Self -Certification Letter". Using language typically used by the
FWS in their conclusion letters, we have concluded that it appears the proposed project 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 Endangered Species Act (ESA).
We strongly recommend requesting a concurrence letter from the FWS.
Sincerely,
SOIL AND ENVIRONMENTAL CONSULTANTS, PA
Digitally signed by Mason Montgomery
Mason
DN: cn=Mason Montgomery, o=Soil &
Environmental Consultants, PA, ou=S&EC,
email=mmontgomery@sandec.com,
Montgomery C=US
J Date: 2020.10.23 10:13:38-04'00'
Mason Montgomery
Environmental Specialist, Wetlands Department
Attachments:
1. USGS Vicinity Map
2. Soil Survey Vicinity Map
3. Aerial Map
4. Photo Report
5. Overall Site Plan
6. FWS List of threatened and endangered species that occur in your proposed location, and/or may be affected by
your proposed project. Official Species List. September 22, 2020.
7. NHP report re: McKenzie Meadows. September 22, 2020.
8. S&EC — FWS Species Conclusion Table. Signed October 23, 2020.
9. S&EC — FWS Self -Certification Letter. Signed October 23, 2020.
References:
-North Carolina Natural Heritage Program. 2017. Biotics Database. Department of Environment and Natural Resources,
Raleigh, North Carolina.
-US Fish and Wildlife Service. Information for Planning and Consultation (IPaC) & Raleigh Ecological Services Field
Office Online Project Reviews website.
-U.S. Fish and Wildlife Service. 2017. Species status assessment report for the Atlantic Pigtoe (Fusconaia masoni). Version
1.2. March, 2017. Atlanta, GA.
McKenzie Meadows - S&EC Threatened & Endangered Species Report
Page 6 of 6
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STANDARD UTILITYNOTES OS APPLICABLE):
5.
3.0' MINIMUM COVER IS REQUIRED ON ALL WATER MAINS & SEWER FORCEMAINS. 4.0' MINIMUM COVER IS REQUIRED ON
1.
ALL MATERIALS & CONSTRUCTION METHODS SHALL BE IN ACCORDANCE WITH CITY OF RALEIGH DESIGN STANDARDS,
ALL REUSE MAINS.
DETAILS & SPECIFICATIONS (REFERENCE: CORPUD HANDBOOK, CURRENT EDITION)
6.
IT IS THE DEVELOPER'S RESPONSIBILITY TO ABANDON OR REMOVE EXISTING WATER & SEWER SERVICES NOT BEING
2.
UTILITY SEPARATION REQUIREMENTS:
USED IN REDEVELOPMENT OF A SITE UNLESS OTHERWISE DIRECTED BY THE CITY OF RALEIGH PUBLIC UTILITIES
a) A DISTANCE OF 100' SHALL BE MAINTAINED BETWEEN SANITARY SEWER & ANY PRIVATE OR PUBLIC WATER SUPPLY
DEPARTMENT. THIS INCLUDES ABANDONING TAP AT MAIN & REMOVAL OF SERVICE FROM ROW OR EASEMENT PER
SOURCE SUCH AS AN IMPOUNDED RESERVOIR USED AS A SOURCE OF DRINKING WATER. IF ADEQUATE LATERAL
CORPUD HANDBOOK PROCEDURE.
SEPARATION CANNOT BE ACHIEVED, FERROUS SANITARY SEWER PIPE SHALL BE SPECIFIED & INSTALLED TO
7.
INSTALL 3/4" COPPER WATER SERVICES WITH 518" METER LOCATED AT ROW OR WITHIN A 2'X2' WATERLINE EASEMENT
WATERLINE SPECIFICATIONS. HOWEVER, THE MINIMUM SEPARATION SHALL NOT BE LESS THAN 25' FROM A PRIVATE
IMMEDIATELY ADJACENT. NOTE: IT IS THE APPLICANT'S RESPONSIBILITY TO PROPERLY SIZE THE WATER SERVICE FOR EACH
WELL OR 50' FROM A PUBLIC WELL.
CONNECTION TO PRO HDE ADEQ UATE FLO W & PRESSURE.
b) WHEN INSTALLING WATER &/OR SEWER MAINS, THE HORIZONTAL SEPARATION BETWEEN UTILITIES SHALL BE 10'. IF
8.
INSTALL 4" PVC SEWER SERVICES @ 1.0% MINIMUM GRADE WITH CLEANOUTS LOCATED AT ROW OR EASEMENT LINE &
THIS SEPARATION CANNOT BE MAINTAINED DUE TO EXISTING CONDITIONS, THE VARIATION ALLOWED IS THE
SPACED EVERY 75 LINEAR FEET MAXIMUM.
WATER MAIN IN A SEPARATE TRENCH WITH THE ELEVATION OF THE WATER MAIN AT LEAST 18" ABOVE THE TOP OF
9.
PRESSURE REDUCING VALVES ARE REQUIRED ON ALL WATER SERVICES EXCEEDING 80 PSI; BACKWATER VALVES ARE
THE SEWER & MUST BE APPROVED BY THE PUBLIC UTILITIES DIRECTOR. ALL DISTANCES ARE MEASURED FROM
REQUIRED ON ALL SANITARY SEWER SERVICES HAVING BUILDING DRAINS LOWER THAN 1.0' ABOVE THE NEXT
OUTSIDE DIAMETER TO OUTSIDE DIAMETER.
UPSTREAM MANHOLE.
c) WHERE IT IS IMPOSSIBLE TO OBTAIN PROPER SEPARATION, OR ANYTIME A SANITARY SEWER PASSES OVER A
10.
ALL ENVIRONMENTAL PERMITS APPLICABLE TO THE PROJECT MUST BE OBTAINED FROM NCDWQ, USACE &/OR FEMA FOR
WATERMAIN, DIP MATERIALS OR STEEL ENCASEMENT EXTENDED IY ON EACH SIDE OF CROSSING MUST BE SPECIFIED
ANY RIPARIAN BUFFER, WETLAND &/OR FLOODPLAIN IMPACTS (RESPECTIVELY) PRIOR TO CONSTRUCTION.
& INSTALLED TO WATERLINE SPECIFICATIONS.
11.
NCDOT / RAILROAD ENCROACHMENT AGREEMENTS ARE REQUIRED FOR ANY UTILITY WORK (INCLUDING MAIN
d) 5.0' MINIMUM HORIZONTAL SEPARATION IS REQUIRED BETWEEN ALL SANITARY SEWER & STORM SEWER FACILITIES,
EXTENSIONS & SERVICE TAPS) WITHIN STATE OR RAILROAD ROW PRIOR TO CONSTRUCTION.
UNLESS DIP MATERIAL IS SPECIFIED FOR SANITARY SEWER.
12.
GREASE INTERCEPTOR / OIL WATER SEPARATOR SIZING CALCULATIONS & INSTALLATION SPECIFICATIONS SHALL BE
e) MAINTAIN 18" MIN. VERTICAL SEPARATION AT ALL WATERMAIN & RCP STORM DRAIN CROSSINGS; MAINTAIN 24" MIN.
APPROVED BY THE CORPUD FOG PROGRAM COORDINATOR PRIOR TO ISSUANCE OF A BUILDING PERMIT. CONTACT TIM
VERTICAL SEPARATION AT ALL SANITARY SEWER & RCP STORM DRAIN CROSSINGS. WHERE ADEQUATE SEPARATIONS
BEASLEY AT (919) 996-2334 OR timothy.beasley@raleighnc.gov FOR MORE INFORMATION.
CANNOT BE ACHIEVED, SPECIFY DIP MATERIALS & A CONCRETE CRADLE HAVING 6" MIN. CLEARANCE (PER CORPUD
13.
CROSS -CONNECTION CONTROL PROTECTION DEVICES ARE REQUIRED BASED ON DEGREE OF HEALTH HAZARD INVOLVED
DETAILS W-41 & S-49).
AS LISTED IN APPENDIX-B OF THE RULES GOVERNING PUBLIC WATER SYSTEMS IN NORTH CAROLINA. THESE GUIDELINES
f) ALL OTHER UNDERGROUND UTILITIES SHALL CROSS WATER & SEWER FACILITIES WITH 18" MIN. VERTICAL
ARE THE MINIMUM REQUIREMENTS. THE DEVICES SHALL MEET AMERICAN SOCIETY OF SANITARY ENGINEERING (ASSE)
SEPARATION REQUIRED.
STANDARDS OR BE ON THE UNIVERSITY OF SOUTHERN CALIFORNIA APPROVAL LIST. THE DEVICES SHALL BE INSTALLED
3.
ANY NECESSARY FIELD REVISIONS ARE SUBJECT TO REVIEW & APPROVAL OF AN AMENDED PLAN &/OR PROFILE BY THE
AND TESTED (BOTH INITIAL AND PERIODIC TESTING THEREAFTER) IN ACCORDANCE WITH THE MANUFACTURER'S
CITY OF RALEIGH PUBLIC UTILITIES DEPARTMENT PRIOR TO CONSTRUCTION.
RECOMMENDATIONS OR THE LOCAL CROSS -CONNECTION CONTROL PROGRAM, WHICHEVER IS MORE STRINGENT.
4.
CONTRACTOR SHALL MAINTAIN CONTINUOUS WATER & SEWER SERVICE TO EXISTING RESIDENCES & BUSINESSES
CONTACT JOANIE HELVEY AT (919) 996-5923 OR joanie.hartley@raleighnc.gov FOR MORE INFORMATION.
THROUGHOUT CONSTRUCTION OF PROJECT. ANY NECESSARY SERVICE INTERRUPTIONS SHALL BE PRECEDED BY A 24
HOUR ADVANCE NOTICE TO THE CITY OF RALEIGH PUBLIC UTILITIES DEPARTMENT.
SANITARY SEWER LEGEND
-SS-SS EXISTING SANITARY SEWER
_SS_ _ _ _ _ PROPOSED SANITARY SEWER
(BY OTHERS)
WATERLINE LEGEND
EXISTING 8" DIP WATERLINE
-W-W-PROPOSED 8" DIP WATERLINE
4)
GRAPHIC SCALE
100 0 50 100 200
( IN FEET )
1 inch = 100 ft.
THIS DRAWING IS THE PROPERTY OF:
The Spaulding Group, PA
and is not to be reproduced or copied in whole or in part without
permission from The Spaulding Group, PA. This drawing is not
to be used on any other project and is to be returned to
The Spaulding Group, PA, upon request.
FOR REVIEW ONLY -
NOT FOR CONSTRUCTION
PLAN IS SUBJECT TO REVISIONS DURING
THE CONSTRUCTION APPROVAL PROCESS
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DRAWING
C-2.0
PROJECT NUMBER
961-19
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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: September 22, 2020
Consultation Code: 04EN2000-2020-SLI-1965
Event Code: 04EN2000-2020-E-04303
Project Name: McKenzie Meadows (Baynes Property)
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
09/22/2020 Event Code: 04EN2000-2020-E-04303
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/CurrentBirdlssues/Hazards/towers/towers.htm; http://
www.towerkill.com; and http://www.fws.gov/migratorybirds/CurrentBirdlssues/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.
09/22/2020 Event Code: 04EN2000-2020-E-04303
Attachment(s):
• Official Species List
09/22/2020 Event Code: 04EN2000-2020-E-04303
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
09/22/2020 Event Code: 04EN2000-2020-E-04303
KA
Project Summary
Consultation Code: 04EN2000-2020-SLI-1965
Event Code: 04EN2000-2020-E-04303
Project Name: McKenzie Meadows (Baynes Property)
Project Type: DEVELOPMENT
Project Description: This project is located at 815 Old Zebulon Road, Wendell, Wake County,
NC
Project Location:
Approximate location of the project can be viewed in Google Maps: https:
www.google.com/maps/place/35.797355854019045N78.35455280272089W
Counties: Wake, NC
09/22/2020 Event Code: 04EN2000-2020-E-04303 3
Endangered Species Act Species
There is a total of 8 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
Fisheriesi, 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
Red -cockaded Woodpecker Picoides borealis
No critical habitat has been designated for this species.
Species profile: https:Hecos.fws.gov/ecp/species/7614
Amphibians
NAME
Neuse River Waterdog Necturus lewisi
There is proposed critical habitat for this species. Your location is outside the critical habitat.
Species profile: https:Hecos.fws.gov/ecp/species/6772
Fishes
NAME
STATUS
Endangered
STATUS
Proposed
Threatened
STATUS
Carolina Madtom Noturus furiosus Proposed
There is proposed critical habitat for this species. Your location is outside the critical habitat. Endangered
Species profile: https:Hecos.fws.gov/ecp/species/528
09/22/2020 Event Code: 04EN2000-2020-E-04303 4
Clams
NAME
STATUS
Atlantic Pigtoe Fusconaia masoni Proposed
There is proposed critical habitat for this species. Your location is outside the critical habitat. Threatened
Species profile: https:Hecos.fws.gov/ecp/species/5164
Dwarf Wedgemussel Alasmidonta heterodon Endangered
No critical habitat has been designated for this species.
Species profile: https:Hecos.fws.gov/ecp/species/784
Tar River Spinymussel Elliptio steinstansana Endangered
No critical habitat has been designated for this species.
Species profile: https:Hecos.fws.gov/ecp/species/1392
Yellow Lance Elliptio lanceolata Threatened
There is proposed critical habitat for this species. Your location is outside the critical habitat.
Species profile: https:Hecos.fws.gov/ecp/species/4511
Flowering Plants
NAME STATUS
Michaux's Sumac Rhus michauxii Endangered
No critical habitat has been designated for this species.
Species profile: https:Hecos.fws.gov/ecp/species/5217
Critical habitats
THERE ARE NO CRITICAL HABITATS WITHIN YOUR PROJECT AREA UNDER THIS OFFICE'S
JURISDICTION.
■ ■■■ Roy Cooper. Governor
00 0 NC DEPARTMENT OF Susi Hamilton, Secretary
■■L■■ NATURAL AND CULTURAL RESOURCES
IN won Walter Clark, Director, Land and Water Stewardship
NCNHDE-12916
September 22, 2020
Robert Zarzecki
Soil & Environmental Consultants, PA
8412 Falls of Neuse Road, Suite 104
Raleigh, NC 27615
RE. McKenzie Meadows (Baynes Property), 13918.W9
Dear Robert Zarzecki:
The North Carolina Natural Heritage Program (NCNHP) appreciates the opportunity to provide
information about natural heritage resources for the project referenced above.
A query of the NCNHP database indicates that there are records for rare species, important natural
communities, natural areas, and/or conservation/managed areas within the proposed project
boundary. These results are presented in the attached `Documented Occurrences' tables and map.
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 documented within the project area or 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.
Also please note that 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 an occurrence of a Federally -listed species is 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.butlerLncdcr.gov or 919-707-8603.
Sincerely,
NC Natural Heritage Program
DEPARTMENT OF NATURAL AND CULTURAL RESOVRCES
121 W. JONES STREET. RALEIGH. NC 27603 • 16S1 MAIL SERVICE CENTER, RALEIGH. NC 27699
& OFC g19.707.9120 • FAX 919.707.9121
Natural Heritage Element Occurrences, Natural Areas, and Managed Areas Intersecting the Project Area
McKenzie Meadows (Baynes Property)
Project No. 13918.W9
September 22, 2020
NCNHDE-12916
No Element Occurrences are Documented within the Project Area
There are no documented element occurrences (of medium to very high accuracy) that intersect with the project area. Please note, however, that although the
NCNHP database does not show records for rare species within the project area, it does not necessarily mean that they are not present, it may simply mean that
the area has not been surveyed. The use of Natural Heritage Program data should not be substituted for actual field surveys if needed, particularly if the project
area contains suitable habitat for rare species. If rare species are found, the NCNHP would appreciate receiving this information so that we may update our
database.
No Natural Areas are Documented within the Project Area
Managed Areas Documented Within Project Area
Managed Area Name Owner Owner Type
Town of Wendell Greenway Town of Wendell Local Government
NOTE: If the proposed project intersects with a conservation/managed area, please contact the landowner directly for additional information. If the project intersects with a Dedicated Nature Preserve
(DNP), Registered Natural Heritage Area (RHA), or Federally -listed species, NCNHP staff may provide additional correspondence regarding the project.
Definitions and an explanation of status designations and codes can be found at httr)s://ncnhde.natureserve.ora/heir). Data query generated on September 22, 2020; source: NCNHP, Q3 July 2020.
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 5
Natural Heritage Element Occurrences, Natural Areas, and Managed Areas Within a One -mile Radius of the Project Area
McKenzie Meadows (Baynes Property)
Project No. 13918.W9
September 22, 2020
NCNHDE-12916
Element Occurrences Documented
Within a One
-mile Radius of the Project Area
Taxonomic
EO ID
Scientific Name
Common Name
Element
Accuracy
Federal
State
Global
State
Group
Observation Occurrence
Status
Status
Rank
Rank
Date Rank
ddk J&
Amphibian
2396
Necturus lewisi
Neuse River Waterdog
2011-02-04
C
3-Medium
Proposed
Special
G2
S2
Threatened
Concern
Dragonfly or
32043
Coryphaeschna ingens
Regal Darner
2004-Pre
H?
5-Very
---
Significantly
G5
S2?
Damselfly
Low
Rare
Freshwater
18403
Alasmidonta
Dwarf Wedgemussel
1998-07-08
H?
3-Medium
Endangered
Endangered
G1G2
S1
Bivalve
heterodon
Freshwater
10152
Alasmidonta undulata
Triangle Floater
2007-09-28
A
3-Medium
---
Threatened
G4
S3
Bivalve
Freshwater
36527
Elliptic fisheriana
Northern Lance
2011-06-02
E
3-Medium
---
Significantly
G4
S3
Bivalve
Rare
Freshwater
3081
Fusconaia masoni
Atlantic Pigtoe
2019-06-19
E
3-Medium
Proposed
Endangered
G2
S3
Bivalve
Threatened
Freshwater
25399
Lasmigona subviridis
Green Floater
1998-06-22
H?
3-Medium
---
Endangered
G3
S2
Bivalve
Freshwater
3382
Villosa constricts
Notched Rainbow
1998-07-22
H?
3-Medium
---
Threatened
G3
S3
Bivalve
Freshwater Fish7564
Lampetra aepyptera
Least Brook Lamprey
1980-11-01
H
3-Medium
---
Threatened
G5
S2
Vascular Plant
39448
Didiplis diandra
Water Purslane
2019-08-30
E
2-High
---
Significantly
G5
S1
Rare
Peripheral
Vascular Plant
24009
Trifolium reflexum
Buffalo Clover
1961-05-23
H
3-Medium
---
Threatened
G3G4
S1S2
Natural Areas Documented Within a One -mile Radius of the Project Area
Site Name Representational Rating
NEU/Little River (Franklin/Wake/Johnston/ Wayne) R1 (Exceptional)
Aquatic Habitat
Managed Areas Documented Within a One -mile Radius of the Project Area
Managed Area Name Owner
US Fish and Wildlife Service Easement US Fish and Wildlife Service
Town of Wendell/Zebulon Open Space - OS-013 Town of Wendell, Town of Zebulon
Collective Rating
C1 (Exceptional)
Owner Type
Federal
Local Government
Page 3 of 5
Managed Areas Documented Within a One -mile Radius of the Project Area
Managed Area Name Owner
Town of Wendell/Zebulon Open Space - OS-013 Town of Wendell, Town of Zebulon
Town of Wendell Greenway Town of Wendell
Town of Wendell Open Space
Town of Wendell
Owner Type
Local Government
Local Government
Local Government
Definitions and an explanation of status designations and codes can be found at httr)s://ncnhde.natureserve.ora/heir). Data query generated on September 22, 2020; source: NCNHP, Q3 July 2020.
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 4 of 5
NCNHDE-12916: McKenzie Meadows (Baynes Property)
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September 22, 2020
Project Boundary
Buffered Project Boundary
®
NHP Natural Area (NHNA)
Managed Area (MAREA)
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1:23,224
0 0.2 0.4 0.8 mi
0 0.3 0.6 1.2 km
Sources: Esn, HERE, Garmin, Intermap, increment P Corp., GEBCO, USGS,
FAO, NIPS, NRCAN, GeoBase, IGN, Kadaster NIL, Ordnance Survey, Esri Japan,
METI, Esri China (Hong Kong), (c) OpenStreetMap contributors, and the GIS
User Community
Page 5 of 5
Species Conclusions Table
Project Name: McKenzie Meadows (Baynes Property)
Date: October 23, 2020
Species / Resource Name
Conclusion
ESA Section 7 / Eagle Act Determination
Notes / Documentation
Red -cockaded Woodpecker
No suitable habitat present
No effect
Preliminary habitat survey completed by S&EC
Picoides borealis
staff on September 28, 2020.
Neuse River Waterdog
No suitable habitat present
No effect
Preliminary habitat survey completed by S&EC
Necturus lewisi
staff on September 28, 2020.
Carolina Madtom
No suitable habitat present
No effect
Preliminary habitat survey completed by S&EC
Noturus furiosus
staff on September 28, 2020.
Atlantic Pigtoe
Suitable habitat present,
No effect
Preliminary habitat survey completed by S&EC
Fusconaia masoni
species not present
staff on September 28, 2020.
Dwarf Wedgemussel
Suitable habitat present,
No effect
Preliminary habitat survey completed by S&EC
Alasmidonta heterodon
species not present
staff on September 28, 2020.
Tar River Spinymussel
Suitable habitat present,
No effect
Preliminary habitat survey completed by S&EC
Elliptio steinstansana
species not present
staff on September 28, 2020.
Yellow Lance
Suitable habitat present,
No effect
Preliminary habitat survey completed by S&EC
Elliptio lanceolata
species not present
staff on September 28, 2020.
Michaux's Sumac
Suitable habitat present,
No effect
Preliminary habitat survey completed by S&EC
Rhus michauxii
species not present
staff on September 28, 2020.
Bald Eagle
Unlikely to disturb nesting
No Eagle Act Permit required
Preliminary habitat survey completed by S&EC
Haliaeetus leucocephalus
bald eagles
staff on September 28, 2020.
Northern Long-eared Bat
Suitable habitat present,
May affect, not likely to adversely affect
Preliminary habitat survey completed by S&EC
Myotis septentrionalis
species not present
staff on September 28, 2020.
Critical Habitat
No critical habitat present
No effect
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.
Mason Montgomery / Environmental Specialist, Wetlands Department at S&EC, PA October 23, 2020
Signature /Title Date
ENT OF Tye' F[FAIId& w%FE
2� United States Department of the Interior
a.
-` FISH AND WILDLIFE SERVICE,,
CH 3 Aar
Raleigh Field Office
P.O. Box 33726
Raleigh, NC 27636-3726
Date: October 23, 2020
Self -Certification Letter
Project NamcMckenzie Meadows
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.
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(cfws.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