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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 Legend Evaluation Area Sewer Easement , ti5o �J _ U4,6 'z.A res,La) 1 NORTH ND5-N DR m ME 0 If N 300 � oo Pia WHITLEY WAY LQk2 300 Johnson NC Cene'r or Geographic nformartion &Ana is Project Number: USGS Map Map Title: N 13918.W9 0 1,000 2,000 Project Manager: I i i i I i i i I DS 815 Old Zebulon Rd Feet Scale. 1 1000' Wake County, NC Date: Source: 2016 NC • Soil & Environmental Consultants, PA 09/29/2020 Zebulon Quad E412 diem.R—kX.n. 10.1. R.leigh.%C IML5-Phmie(919)& 56M-Fwx 9L9]NJ&9A6 �.be, 90 fLegend At AfA y V. :Easement AP103 1 pC! r 1, Apt2 ,. I (A pt�',2, AP02 ApC;? A Apt,. r APB A - ApC pR Me -A L APB2 b '.12 p82 r '7 " . 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I+x t + + _ + + .�. . . . . . . . . . . . . . . . . . . . . WETP D . . . . . . . . . . . . . . + + + + + + + / / • + + + -/ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . + t + t + t + t t + t + + t X /� / 30.0' COR /+ + + / RR + + + + + + + + + + + SANITARY SEWER O + x + + / // �p + + + + /+ +� + + + + + + + f EASEMENT (TYp) + + + + + + + + + r I i + + / 2-48"CMP I X + 4 + + + + // + + + + + + + + + + + +� . ' _ _ r + + + + + + + + r' + + + + + + + + + + I . + TEMPORARY NSTRUCTION +X + + + + + + + + + + + + + + + + + + + + + + + + + + �+ + + + + + + + + + + EASEMENT + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + z + + + + + + + + + + + + + + + + + + + + + + + + + + + + + 100, + + }. CONSTRUCTION + x + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + EMPORARY + I + + + + + + + + + + +50, / U�FEk + + + + + + + + + + + + + + + + + + + + + + EASEMENT I J t t t t t t t + t t RpME CH T FBAN )t t + t t + t + + t + + t + + t + t + + t + / -9 + + + + + + + + + + + + + + + + + + + + + + + + + + + + + / 'DRAINAGE AND + + + + + + + + + + + + + + + + + + + + + + + + + + + + / UTILITY EASEMENT / + + + + + + + + + + + + + + + O + + + + + + + + + .M.1986, PG.1232-1233 + + ++ +++++0+ ++++++++++++ +++++ + ++++ 0+++++++ �02 �� +++++++ +++ + + + + + +++++ +++ + + + 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 W N N Q 0000 N N oNN�r N M Z O W W W V) z z z Z j w w w 0 W Z�5 - > OOOw U U U Er CD O O O Z of of of Q w w w N M V 0 \\ �A �/ N ^< N � � n I 0 r�Vl A ° o� n ti H L0 r- 00 O U rn N 04 � U Z Z a c\i U O C� LLI .. U_ W W p W W Z C7 W W W z a o Y j a OZ Z ^ O W ZN QO 2S U g Q N O U W U2 (o LLIQ Q Z 12 Z CC) UZ Uv Z YLL1 LLI LLI Z w� U 0 0 0 Q 0 M Wawa a V) W0 d U M U U H d H d Q d W U z Q z z J CL O z o CL O Qzs W W z CO w o C � N O c� Z J Q W � J -� Lu z Q >_ E- U � J_ DRAWING C-2.0 PROJECT NUMBER 961-19 .:.,. Mal s WIIJJUrV. 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) a yie i �O mE i B _ "mqe Trl E / 0 Inn^. rn nYs. No::h fir RWers A— Hr R / Food' L lon H L' n Todd LI, Rd - r 66� er1:.• i.i -I G / IGA 3,ye lord or / Stratford Dr � � �• - E N°well St m / Y 'J / Indtsnraf Dr - Poplar St T.rr�-,ac °i o 'Nnrfky 4NaY / lake Jo hits— f ° Ba r°n Dr _ '6 x ` N 'N Academy ¢ Z \ st P E Academy St a 3• / wan st g nmlto� st "morct Dr ----m \ \ N Wend - -- ---- --~q a -Oobh St r- ✓i ` ;bdf OWE Wer4619.t 06 W �11�r�11 Polk c W 'Jth St F cl Old Vlrlxo^ pj n NS U � _ - September 22, 2020 Project Boundary Buffered Project Boundary ® NHP Natural Area (NHNA) Managed Area (MAREA) � �hlon Glej Or E 2 r a 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