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HomeMy WebLinkAbout20111062 Ver 3_401 Application_20210127DWR mrlslon of Water Resources Pre -Construction Notification (PCN) Form April 11, 2020 Ver 3.1 Initial Review Has this project met the requirements for acceptance in to the review process?* r Yes r No Is this project a public transportation project?* C Yes r No Change only if needed. BIMS # Assigned 20111062 Is a payment required for this project?* r No payment required r Fee received r Fee needed - send electronic notification Reviewing Office * Raleigh Regional Office - (919) 791-4200 Information for Initial Review 1a. Name of project: Hawthorne at The Forest 1a. Who is the Primary Contact?* Deborah Shirley 1b. Primary Contact Email:* dshirley@sandec.com Date Submitted 1 /27/2021 Nearest Body of Water Smith Creek Basin Neuse Water Classification QNSW Site Coordinates Latitude: 35.9385 A. Processing Information County (or Counties) where the project is located: Wake Is this a NCDMS Project r Yes r No Longitude: -78.5382 Is this project a public transportation project?* r Yes r No 1a. Type(s) of approval sought from the Corps: W Section 404 Permit (wetlands, streams and waters, Clean Water Act) r Section 10 Permit (navigable waters, tidal waters, Rivers and Harbors Act) Version#* 3 What amout is owed?* r $240.00 r $570.00 Select Project Reviewer* Stephanie Goss:eads\szgoss 1c. Primary Contact Phone:* (919)846-5900 1b. What type(s) of permit(s) do you wish to seek authorization? W Nationwide Permit (NWP) r Regional General Permit (RGP) r Standard (IP) 1c. Has the NWP or GP number been verified by the Corps? r Yes r No Nationwide Permit (NWP) Number: NWP Numbers (for multiple NWPS): 1d. Type(s) of approval sought from the DWR: W 401 Water Quality Certification - Regular r Non-404 Jurisdictional General Permit r Individual Permit 29 - Residential Developments le. Is this notification solely for the record because written approval is not required? For the record only for DWR 401 Certification: For the record only for Corps Permit: F- 401 Water Quality Certification - E)press W Riparian Buffer Authorization 1f. Is this an after -the -fact permit application?* r Yes r No 1g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? r Yes r No 1g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? r Yes r No Acceptance Letter Attachment 1h. Is the project located in any of NC's twenty coastal counties? r Yes r No 1j. Is the project located in a designated trout watershed? r Yes r No B. Applicant Information 1d. Who is applying for the permit? r Owner W Applicant (other than owner) le. Is there an Agent/Consultant for this project?* r Yes r No 2. Owner Information 2a. Name(s) on recorded deed: Forest Greenery Group, LLC 2b. Deed book and page no.: DB: 017305 DP: 02127 2c. Responsible party: Scott Fields 2d.Address Street Address 500 Avenue P Address tine 2 city Newark Postal / Zip Code 07105 2e. Telephone Number: (973)589-5931 2g. Email Address:* tgill@dbke.com 2a. Name(s) on recorded deed: Hawthorne at Wakefield Apartments, LLC State / Rwince / Ifgion NJ Country United States 2f. Fax Number: (973)344-5114 r Yes r No r Yes r No 2b. Deed book and page no.: DB: 018170 DP: 00099 2c. Responsible party: 2d.Address Street Address 806 Green Valley Road, Suite 311 Address Line 2 City Greensboro Postal / Zip Code 27408-7076 2e. Telephone Number: (919)455-1051 2g. Email Address:* matt@evolvecos.com 3. Applicant Information (if different from owner) 3a. Name: Matt Rogers 3b. Business Name: Evolve Acquisition, LLC 3c.Address Street Address 2918-A Martinsville Road Address Line 2 CKY Greensboro Postal / Zip Code 27408 3d. Telephone Number: (919)455-1051 3f. Email Address:* matt@evolvecos.com 4. Agent/Consultant (if applicable) 4a. Name: Deborah Shirley 4b. Business Name: Soil & Environmental Consultants, PA 4c.Address Street Address 8412 Falls of Neuse Road, Suite 104 Address Line 2 City Raleigh Postal / Zip (ode 27615 4d. Telephone Number: (919)846-5900 4f. Email Address:* dshirley@sandec.com Agent Authorization Letter* SEC Agent Authorization Form Applicant copy.pdf C. Project Information and Prior Project History 1. Project Information State / Province / legion NC Country USA 2f. Fax Number: State / Province / Rion NC Country United States 3e. Fax Number: State / Province / legion NC Country United States 4e. Fax Number: (919)846-9467 145.07KB 1b. Subdivision name: (d appropriate) 1c. Nearest municipality/town: Wake Forest 2. Project Identification 2a. Property Identification Number: 1739668930 & 1739662623 2c. Project Address Street Address 10728 Star Road Address Une 2 City Wake Forest Fbstal / Zip Code 27587 3. Surface Waters 3a. Name of the nearest body of water to proposed project:* Smith Creek 3b. Water Resources Classification of nearest receiving water:* C, NSW 3c. What river basin(s) is your project located in?* Neuse 3d. Please provide the 12-digit HUC in which the project is located. 030202010702 4. Project Description and History 2b. Property size: +/- 28 acres State / Ftovince / Ifgion NC Country United States 4a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this application:* Existing conditions onsite consist of vrooded land as veil as an existing 20' City of Raleigh sanitary sewer easement and a power easement bisecting the property. Additionally, this property received previous Section 404 & 401 permits in 2012 and 2013 and grading activities were previously started, therefore there are cleared areas and E&SC basins. There are three (3) perennial stream features (SA, SB & S132), two (2) wetland features (W1 & W2), and two (2) existing BMPs (BMP1 & BMP2) on the property. SA bisects the middle of the property while SB2 converges with SB at the north portion of the property before SB confluences With SA in the middle of the property. W1 is located to the west of SA in the center of the property, while W2 is to the east of SA in the southern portion of the property. The general land use in the vicinity of the project is a mix of forested, rural residential and commercial developments. Star Road bounds the property to the west. 4b. Have Corps permits or DWR certifications been obtained for this project (including all prior phases) in the past?* r Yes r No r Unknovm 4c. If yes, please give the DWR Certification number or the Corps Action ID (exp. SAW-0000-00000). A 404 NWP 29 verification (SAW-2011-02359) was issued on December 16, 2011 and April 2, 2013.A401 Water Quality Certification Approval was issued on March 12, 2012 (DWR Project #11-1062) and March 13, 2013 (DWR Project #11-1062 v.2), please see attached. Project History Upload 404 NWP 29 verification _Villagio_04-02-13.pdf 403.49KB 404 NWP 29_12-16-11.pdf 417.77KB 401 WQC Approval FINAL _Villagio_03-13-13.pdf 201.01 KB WQC 3821_Villagio_03-12-12.pdf 897.52KB 4d. Attach an 8 1/2 X 11 excerpt from the most recent version of the USGS topographic map indicating the location of the project site. (for DWR) USGS.pdf 7.32MB 4e. Attach an 8 1/2 X 11 excerpt from the most recent version of the published County NRCS Soil Survey map depicting the project site. (for DWR) SS.pdf 4.92MB 4f. List the total estimated acreage of all existing wetlands on the property: Approximately .10 acres 4g. List the total estimated linear feet of all existing streams on the property: Approximately 1,656 linear feet 4h. Explain the purpose of the proposed project:* The purpose of this project is to construct a multi -family residential development and necessary infrastructure. 4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used:* The overall project consists of the construction of a multi -family residential development, including but not limited to roads, parking, amenities, stormvater devices and residential structures. Specifically, there is one (1) road crossing that impacts wetlands, streams, and riparian buffers and two (2) utility relocation that impacts riparian buffers. Equipment to be used will include excavators, bull dozers, and other typical equipment used for land clearing, grading, and excavating. 4j. Please upload project drawings for the proposed project. Impact Map Set_Hawthorne.pdf 5MB 5. Jurisdictional Determinations 5a. Have the wetlands or streams been delineated on the property or proposed impact areas?* r Yes r No r Unknown Comments: 5b. If the Corps made a jurisdictional determination, what type of determination was made?* r Preliminary r Approved r Not Verified r Unknown r N/A Corps AID Number: SAW-2011-02359 5c. If 5a is yes, who delineated the jurisdictional areas? Name (if known): Steven Ball Agency/Consultant Company: Soil & Environmental Consultants, PA Other: 5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made bythe Corps or DWR NCDWR: Site visit and determination made by Erin Deck on June 2, 2020 (NBRRO #20-154). USACE: Site visit and field determination made by Andy Williams on November 4, 2020. ***Note that "preliminary JD" not issued to date, preliminary was checked at C5b to provide this data box for project details.*** 5d1. Jurisdictional determination upload Villagio_DWR buffer letter 2020.pdf 765.16KB 6. Future Project Plans 6a. Is this a phased project?* r Yes r No Are any other NWP(s), regional general permit(s), or individual permits(s) used, or intended to be used, to authorize any part of the proposed project or related activity? It is my understanding that there are no intended future phases beyond the property boundaries shown. Therefore, no additional NWP, Regional General Permits, or IP are anticipated. D. Proposed Impacts Inventory 1. Impacts Summary 1a. Where are the impacts associated with your project? (check all that apply): W Wetlands 9 Streams -tributaries W Buffers 17 Open Waters r Pond Construction 2. Wetland Impacts 2a1 Reason (?) 2b. Impact type * (?) 2c. Type of W. 2d. W. name * 2e. Forested * 2f. Type of 2g. Impact Jurisdicition*(?) area* Im act 1 Road Crossing - Fill P Bottomland Hardwood Forest W1 Yes Both 0.007 P 9- slopes (acres) 2g. Total Temporary Wetland Impact 0.000 2g. Total Wetland Impact 0.007 2h. Comments: 3. Stream Impacts 2g. Total Permanent Wetland Impact 0.007 3a. Reason for impact (?) 3b.lmpact type 3c. Type of impact" 3d. S. name" 3e. Stream Type 3f. Type of 3g. S. width 3h. Impact u (?) Jurisdiction* length* P Im act 1-Road Crossing - Permanent Culvert Stream A Perennial Both 4 113 and retaining walls Average (feet) HCulvert (linear feet) S2 Impact 1-Rip-Rap Permanent Other Stream Perennial Both 12 65 Dissipators:upstream and Average (feet) (lir�rfeet) downstream (Permanent -no permanent loss) S3 Impact 1 -Coffer Temporary Other Stream Perennial Both 15 30 Dam/Diversion Channel Average (feet) (linearfeet) (Temporary Construction Access) 31. Total jurisdictional ditch impact in square feet: 0 31. Total permanent stream impacts: 178 31. Total stream and ditch impacts: 208 31. Total temporary stream impacts: 30 3j. Comments: Total permanent loss stream = 113 LF; Total permanent -no permanent loss stream = 65LF; Total temporary stream = 30 LF; Temporary stream impacts will be brought back to pre -construction stream bed elevations and the stream banks will be stabilized. 6. Buffer Impacts (for DWR) 6a. Project is in which protect basin(s)? Check all that apply. 17 Neuse r Tar -Pamlico r Catawba r Randleman r Goose Creek r Jordan Lake r Other 6b. Impact Type 6c. Per or Temp 6d. Stream name 6e. Buffer mitigation required? 6f. Zone 1 impact 6g. Zone 2 impact Impact 1-Road Crossing P StreamA No 6,771 4,551 Impact 2A- Sewer Relocation P StreamA No 2,255 139 Impact 213- Sewer Relocation P Stream A No 100 0 6h. Total buffer impacts: Zone 1 Total Temporary impacts: 0.00 Zone 1 Total Permanent impacts: 9,126.00 Zone 1 Total combined buffer impacts: 9,126.00 6i. Comments: Supporting Documentation E. Impact Justification and Mitigation 1. Avoidance and Minimization Zone 2 0.00 Zone 2 4,690.00 Zone 2 4,690.00 1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project: S&EC completed a wetland delineation and Neuse River Buffer evaluation for the entire property in order to identify natural resources so that impacts could be avoided & minimized to the mapmum e)dent practicable. Impact 1 is a proposed road crossing on a perennial stream. Impacts include permanent and temporary stream, wetland and riparian buffer impacts. This road crossing is necessary to provide access to the entire development from Star Road. This crossing and its location has been authorized two times in the past, 2012 & 2013 (see project history). A retaining wall has been added to minimize wetland impacts, in addition to minimizing stream and riparian buffer impacts. The road cannot be shifted any further south to avoid the wetland impact because of the property boundaries. Riprap will be utilized at the upstream and downstream ends of the culvert with the top of the riprap placed flush with eAsting stream grade to help with minimizing velocities and stream erosion. Temporary construction activities include a coffer dam and diversion channel which will be utilized during the construction process to allow continuous stream flow as well as minimizing sedimentation impacts. Impacts 2A & 2B are proposed riparian buffer impacts associated with an eAsting sewer relocation. All remaining wetlands, streams and riparian buffers have been avoided onsite. It's important to note that the proposed stream impact location within this request is within the same stream impact footprint of previously authorized activities, previous stream impacts were not completed. 6 1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques: Per the project engineer, coffer dams, temporary lined diversion ditches, silt fencing and sediment skimmer basins will all be utilized. 2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State 2a. Does the project require Compensatory Mitigation for impacts to Waters of the U.S. or Waters of the State? r Yes r No 2b. If this project DOES NOT require Compensatory Mitigation, explain why: Permanent loss stream impacts are less than 150 Linear Feet, permanent loss wetland impacts are less than 0.10 acre. Impacts have been avoided to the maximum extent practicable. Therefore compensatory mitigation in the form of mitigation payment has not been proposed F. Stormwater Management and Diffuse Flow Plan (required by DWR) 1. Diffuse Flow Plan 1a. Does the project include or is it adjacent to protected riparian buffers identified within one of the NC Riparian Buffer Protection Rules? r Yes r No What type of SCM are you providing? (-' Level Spreader r Vegetated Conveyance (lower SHWT) r Wetland Swale (higher SHWT) 17 Other SCM that removes minimum 30 % nitrogen r Proposed project will not create concentrated stormwater flow through the buffer Diffuse Flow Documentation SCM Drainage Maps.pdf 1.55MB 2. Stormwater Management Plan 2a. Is this a NCDOT project subject to compliance with NCDOT's Individual NPDES permit NCS000250?* r Yes r No 2b. Does this project meet the requirements for low density projects as defined in 15A NCAC 02H .1003(2)? r Yes r No 2c. Does this project have a stormwater management plan (SMP) reviewed and approved under a state stormwater program or state -approved local government stormwater program? r Yes r No r WA - project disturbs < 1 acre 2d. Which of the following stormwater management program(s) apply: W Local Government F State Local Government Stormwater Programs W Phase II W NSW r USMP r Water Supply Please identify which local government stormwater program you are using. Town of Wake Forest Comments: G. Supplementary Information 1. Environmental Documentation 1a. Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federal/state) land?* r Yes r No 2. Violations (DWR Requirement) 2a. Is the site in violation of DWR Water Quality Certification Rules (15A NCAC 21-1.0500), Isolated Wetland Rules (15A NCAC 2H .1300), or DWR Surface Water or Wetland Standards or Riparian Buffer Rules (15A NCAC 2B .0200)? * r Yes r No I Cumulative Impacts (DWR Requirement) 3a. Will this project result in additional development, which could impact nearby downstream water quality?* r Yes r No 3b. If you answered "no," provide a short narrative description. We have reviewed the "Draft Internal Policy, Cumulative impacts and the 401 Water Quality Certification and Isolated Wetlands Programs" document prepared by the NC Division of Water Quality on April 10, 2004, version 2.1. The draft states that many private developments are unlikely to cause cumulative impacts, including projects such as urban in -fill, most residential subdivisions and small commercial developments as well as agricultural and silvicultural operations. The Hawthorne at The Forest project is a residential development. Additionally, the project is located within the Town of Wake Forest ETJ, therefore the adjacent properties that have potential for development will have the following regulations to protect downstream waters: 1) the Neuse River Basin Riparian Buffer Protection regulations, these regulations require limited development within the riparian buffer area, in addition Best Management Practices may be required that control nitrogen if diffuse fiowcannot be achieved; 2) the Phase II NPDES Stormwater Permit Program, this program includes permitting requirements for Municipal Separate Storm Sewer Systems (MS4s) in addition to post -construction stormwater management requirements. We anticipate that the DWR will advise us if any additional information is needed. 4. Sewage Disposal (DWR Requirement) 4a. Is sewage disposal required by DWR for this project?* r Yes r Nor WA 4b. Describe, in detail, the treatment methods and dispositions (non -discharge or discharge) of wastewater generated from the proposed project. If the wastewater will be treated at a treatment plant, list the capacity available at that plant. Non -discharge wastewater will be generated and treated at the Smith Creek Wastewater Treatment Plant, which has a total capacity of 3.0 MGPD. 5. Endangered Species and Designated Critical Habitat (Corps Requirement) 5a. Will this project occur in or near an area with federally protected species or habitat?* r Yes r No 5b. Have you checked with the USFWS concerning Endangered Species Act impacts?* r Yes r No 5c. If yes, indicate the USFWS Field Office you have contacted. Raleigh 5d. Is another Federal agency involved?* r Yes r No r Unknown 5e. Is this a DOT project located within Division's 1-8? r Yes r No 5f. Will you cut anytrees in order to conduct the work in waters of the U.S.? r Yes r No 5g. Does this project involve bridge maintenance or removal? r Yes r No 5h. Does this project involve the construction/installation of a wind turbine(s)?' r Yes r No 51. Does this project involve (1) blasting, and/or (2) other percussive activities that will be conducted by machines, such as jackhammers, mechanized pile drivers, etc.? r Yes r No 5j. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? S&EC completed a Threatened & Endangered Species Report, to include a Self -Certification letter through the US Fish & Wildlife Service (USFWS), a query through the NC Natural Heritage Program database, and an official Species List through the iPac. A formal request was sent to the USFWS on July 21, 2020. The USFWS has 30 days to respond from the date of the sent request. S&EC received no response from USFWS within the 30 days meaning that they concurred with the determinations made by S&EC that the proposed actions 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). Please see attached S&EC Threatened & Endangered Species report. Consultation Documentation Upload SEC La Scala TE Report Draft 7_21_20.pdf 5.64MB 6. Essential Fish Habitat (Corps Requirement) 6a. Will this project occur in or near an area designated as an Essential Fish Habitat?* r Yes r No 6b. What data sources did you use to determine whether your site would impact an Essential Fish Habitat?* The NOAA Habitat Conservation/Habitat Protection: National Marine Fish Service; Essential Fish Habitat Mapper website was referenced. No Essential Fish Habitat was identified near the project. 7. Historic or Prehistoric Cultural Resources (Corps Requirement) 7a. Will this project occur in or near an area that the state, federal or tribal governments have designated as having historic or cultural preservation status?* r Yes r No 7b. What data sources did you use to determine whether your site would impact historic or archeological resources?* The NC State Historic Preservation Office HPOWEB GIS Service interactive map was referenced on June 9, 2020, no historic listings or study list entries or determined eligible listings were identified within the property boundaries. Additionally, no structures ebst within the property boundaries. 7c. Historic or Prehistoric Information Upload 8. Flood Zone Designation (Corps Requirement) 8a. Will this project occur in a FEMA-designated 100-year flood plain?* f Yes G No 8c. What source(s) did you use to make the floodplain determination?* NC Flood Risk Information System Floodplain Mapping Program and confirmation from the project engineer. Miscellaneous U Comments Miscellaneous attachments not previously requested. Signature U W By checking the box and signing below, I certify that: • I have given true, accurate, and complete information on this form; • I agree that submission of this PCN form is a "transaction" subject to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions AGC); • I agree to conduct this transaction by electronic means pursuant to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act'); • I understand that an electronic signature has the same legal effect and can be enforced in the same way as a written signature; AND • I intend to electronically sign and submit the PCN form. Full Name: Deborah E. Shirley Signature PF�OF- Date 1 /27/2021 Environmental Consultants, 8412 FaIls of N use Road, Suite 104, Raleigh, NC 27615 • Phone: (919) W-5900 • Fax: (919) W-9467 sandcc.crnn AGENT AUTHORIZATION Project Name/Description: Villagio at La Scala S&EC Project # 7750 Date: 10-30-2020 The Department of the Army U.S. Army Corps of Engineers, Wilmington District 69 Darlington Avenue Wilmington, NC 28403 Attn: Andy Williams Field Office: Raleigh Regulatory Field Office I, the undersigned, authorizes S&EC, as my agent, to act on my behalf and take all actions necessary for the processing, issuance and acceptance of a permit or certification and any and all associated standard and special conditions. This notification supersedes any previous correspondence concerning the agent for this project. PARCEL INFORMATION: Parcel Index Number(s) (PIN): 1739677070, 1739662623 & 1739760570 Site Address: 10728 Star Road City, County, State: Wake Forest, Wake County, NC APPLICANT INFORMATION: Name: Evolve Acquisition, LLC Mailing Address: 2918-A Martinsville Rd Greensboro, NC 27408 Telephone Number: 919-455-1051 Email: matt 9evolvecos.com 10-30-2020 Applicant (please print) Date Applicant Signature We hereby certify the above information submitted in this application is true and accurate to the best of our knowledge, �'w—M 1 • d All �r 1'. O,-�EROSA,PIq,QkO 1 LLL(-- EIGHT LN 9 u 3 0 << /RAN DR ,E VA V -� . `�,A J v C� C� r kil � V r NGCeriter for Geograpliic Information &Analysis Project Number: Map Title: N 7750.W13 0 1,000 2,000 Project Manager: Figure 1- USGS Map I i i i I i i i I SB 10728 Star Rd Feet Scale: Wake Forest, NC 27587 1 " = 1000' • Source: 2019 NC Wake Soil & Environmental Consultants, PA Date: 8412 FA, of Na,- RoA. Sure 1K RA,igh. NC 27615 • Ph.- (919) 846-5900 • Fa,,: (919) 846-946 03/12/2020 Forest Quad a °°�n �f COB B Apg2 I 4 I A o Zt. �f , CeB� V�y . 1 � Lw B CeB2 ' P 1 C,eC2 `ApC2 B 1' ApC2 - APB C i C 3 W C v1 62 /J i Ww L Ap82 AnC2 -� ; G CIE3 �, E. • ,..APB CeB2 CC? A vir n1� G� f CIC3 rCeC WmE Gu - CeB2 � A C Ap B LoB Wa C9C2 \ N F WwE ApB2 �_. A 82 r B. P.N t C nter for G. ®graphic Inform tion & An I si Project Number: Map Title: N 7750.W13 0 500 1,000 Project Manager: Figure 2- Soil Survey/ I i i i I i i i I SB 10728 Star Rd Feet Scale: Wake Forest, NC 27587 1=500' • Date: Source: Wake County Soil Soil & Environmental Consultants, PA 8412 Falls of Ne.. Road, Suite 104, Raleigh, NC 27615 • Phone: (919) 846-5900 • F-: (9l9) 846-9467 03/12/2020 Survey Sheets 14 & 21 amde°°°m 8 0' 04 0' 8 0' 1/6 0' ' GRAPHIC SCALE inch = 80 ft.B 2 G/ GTuVT-32&ff M 4 A N R S V1 4 43 G 5 rp RA T Y I C /�17N;'179- -7 52 'G 2 F,� DE C J M \ R PA E b \ s \ `~3 R. B. PAT A RII R. P, T M 'F 's ` CHANDRIK R. P' TF .. P : 173 -67-23 \� SIN.3A5' 9-67- 40 D.B. 7585 4 D.B. 85 PG P ONED: ZO y`V VA NT USE: VACAN I TA"6 LLL RNEWER EASES N 20 NA DRI 'ATE.3g E BUFF / PI 7 -6 16 308 TZSE: V CA 3,0 'LIP /ti WOODS GB Hr TOP. u 00D i i 4 4,ti / E E B FF]'R �R 286 200 �z / q 320 7� F O D AZ' L 3 16 4 / R Z AI C 312� / 30 —310 306 _ , 300 G 58 30223 304/ _294 -N1P28 / 292� l ; V FOPXST GREENERW GROUP, L ; P-66-2623 3fo F0 AD 17305 PG 2 WOODS ( l OPOSED Z NG: NIF / USE: VA NT �, C , Easement ' o Wake Foresi 6�1 iY /AN�2Q% N - 1 g c°u° 4? I _ 1I r0r-p a86 OUr-328°6 � I H. 3 C C J 1 4 1 / / 1 �30£ / I S AR D 6A T LLC. "b • 739-6 3 � � �' � ► � '� D. . 11 4 1 7( � Z E B 304-) EX.HH / A�282-W / Wh MH S IT �sf J / T ` Z / �DAVE 1D J. CO & / P : 1 _ 9- , -7 2 ��� / \ '� R-OI 47 26 �zF ` : 1739-77 74 2243 PG�F / w � / � S e •29'2 E ,any O�\� / x ` I.TSF: 1' 71�1V1 -saep ARD ILS O. S j w E SE BL F / AV EIB LCrW LINE O B ' R ' IOV 'D 30 a 2 ' A EIG S, NIT R SFW'FR F, SF iEN .B 58 G. 152 o sf lee, \ I I C RE A wooDs A�PIN: 1739-66-89 D APARIENT / w EU E BU FER 302 I G 9 I APPOSEDnzqIN NIF � w . `ACA �`w `r? To'M l a�.? \ x -1 . LOW NDE-295. 88.8 m 3 s �8 0 1 I OF POPERTY LINE ST 1326 \2 W POPE I N I �� l\\\ FLATBAR 13� GR D O 0-272 LO RE O G-290. 1 CJ}•+ rWOODS \ � \\ 31ar r� ` D VI OOK & I PP OCOOI E w GROJMWW 68. \ ` 173t,77-60�4 LOwoaww.7 —� 3f \ �-302 B 224 PG 1 w BT,00 PG 1 90 0 Z NE : RD L; E. AR�I I L OD A OILS I I R N'AI' C�GIS �R94 I 2 292 r' I ,w Ol Olt - TA P U EB F I NIP 2 "1-1,330 pp 99. 9 L 211, U z Lo U�Dz z J .� 5= cn cn o L) U 025 i2 c00 e l) W Lo m'� wzf`rl -Coiw z o cal ri LL x t3 >- U Lo xt zoq (n U)a Lu L o v QJ Q > ti J z(OUd z- r� rT V J O ' 1 1 < z N W oJ�z rN W N� � O J O 1 1 U Q U V W l W � W C)Ctnl-)Pr Qtl, ?.n?.n DRAWING NO, B-600 Site Data Table 1. Wake County PIN 1739-66-8930 & 1739-66-2623 2. Proposed Zoning (Town of Wake Forest): MF 3. Total Site Area Developed: = 23.4 Ac. 4. Total Impervious = 11.57 Ac. (49.4%) 5. Total Length of Important Perennial Streams On This Site = 11570 LF 6. NO PORTION OF THE SUBJECT PROPERTY IS IN A SPECIAL FLOOD HAZARD AREA PER MAP NUMBER 3720173900J. (EFFECTIVE DATE: MAY 2nd, 2006). SAID MAP WAS DOWNLOADED ON 07-08-2011 FROM THE FOLLOWING WEBSITE. " .NCFLOODMAPS.COM" Of TOP 329-V / / e /NV vJ / O / / / TOP-33/82 / OUf-32877 / TOP324-W 00T J2278 l30225 IE 2!rarPP /r � r TOTAL PROPOSED IMPACTS: / / / STREAM A i / / a UT TO SMITH CREEK — TOP-33EN off --3E90 � STREAM B � \ FUTURE DEVELOPMENT WETLAND (W 1) IMPACT SEE SHEET B-200 IMPORTANT PERENNIAL STREAM IMPACT= 113LF _------ W aKe Fosesi Uil\iy Easetn=nt - p g, 4320 PG.26i IMPORTANT / PERENNIAL STREAM IMPACT = 442 SF W ETAL N D IMPACT = 300 SF BUFFER IMPACT ZONE 1 = 6,771 SF ZONE 2 = 45551 SF TEMPORARY COFFER DAM & DIVERSION CHANNEL IMPACT UPSTREAM = 450 SF, 30 LF DOWNSTREAM = 0 SF STREAM CHANNEL (RIP -RAP) UPSTREAM= 43 LF - 528 SF DOWNSTREAM= 22 LF - 270 SF PIPE S/ZE UWKWOWW- W-amm WETLAND (W2) IMPACT SEE SHEET B-201 — -JF`/•------ pll i MPORTANT / PERENNIAL STREAM SEE SHEET B-200 FOR DETAILS SEE SHEET B-401 FOR PROFILE ,r UT TO SMITH CREEK 0/ 40/ 80/ inch - 80/ Gto X `EIP FOUND E OF PROPERTY LINE NIP 16 0' U z LO z z cn s= z cc:)) O U v o i2 cn Q 00 N LLUU z o cN T-i LL x t3 >- U Lo xt z�zOq (n �a w o >ti¢M J� zCOUd z- OC � W r � OC W oJ�z W � O J O c� U � Q W W w w W Qt11 ?n?n DRAWING NO, B-100 Site Data Table / 1. Wake County PIN 1739-66-8930 & / 1739-66-2623 2. Proposed Zoning (Town of Wake Forest): MF /� T 3. Total Site Area Developed: = 23.4 Ac. I / I STREA-I-A 4. Total Impervious = 11.57 Ac. (49.4%) 5. Total Length of Important Perennial Streams On / UT TO SMITH CREEK This Site = 1,570 LF / I �� \/ / 6. NO PORTION OF THE SUBJECT PROPERTY IS V/1 STREAM B IN A SPECIAL FLOOD HAZARD AREA PER MAP NUMBER 3720173900J. (EFFECTIVE DATE: MAY 2nd, 2006). SAID MAP WAS DOWNLOADED ON 07-08-2011 FROM THE FOLLOWING WEBSITE. "WWW.NCFLOODMAPS.COM" F � ♦O 1 SEE SHEET B-2( TOTAL PROPOSED IMPACTS: IMPORTANT / PERENNIAL STREAM IMPACT= 113 LF IMPORTANT / PERENNIAL STREAM IMPACT = 442 SF WETALND IMPACT = 300 SF BUFFER IMPACT ZONE 1 = 6,771 SF ZONE 2 = 4,551 SF WETLAND (W2) IMPACT SEE SHEET B-201 00 IMPORTANT / PERENNIAL STREAM SEE SHEET B-200 FOR DETAILS SEE SHEET B-401 FOR PROFILE TEMPORARY COFFER DAM & DIVERSION GRAPHIC E inch = 150 ft. CHANNEL IMPACT �� UT TO SMITH CREEK UPSTREAM = 450 SF, 30 LF I DOWNSTREAM = 0 SF STREAM CHANNEL RIP -RAP II UPSTREAM= 43 LF - 528 SF I i DOWNSTREAM= 22 LF - 270 SF October 9tb 2020 DRAWING NO. B-100 1®L\ L / 7\ �2J! LIMITS OF CONST. MOONBOW TRAIL _zg$�WITHIN ENVIROMENTALLY'` 60' PUBLIC RIGHT OF WAY-2ENSlT�/E AREAS Zai ` s IMPACT 1 - PERMANENT IMPORTANT / PERENNIAL STREAM RETAINlI1F8 STREAM CHANNEL IMPACT = 113 LF WALL STREAM CHANNEL IMPACT = 442 SF ZONE 1 IMPACT = 6,771 SF ZONE 2 IMPACT = 4,551 SF STREAM CHANNEL (RIP -RAP) / UPSTREAM= 43 LF - 528 SF DOWNSTREAM= 22 LF - 270 SF t 1 — M STORM MH TOP=275.08 12" OUTFALL- OUT=264.20 (ABANDON) EX.STORM STRUCTURE (DO NOT DISTURB) PIPE SIZE UNKNOWN RIP RAP KEYED INTO STREAM INv- NEW 12" 0 2�� SS OUTFACE PERMANENT -NO PERMANENT LOSS. ---owe 50' 0' 25' 50' 50' NEUSE BUFFERmm#m� 2 ZONE 2 GRAPHIC SCALE UT TO SMITH CREEK I inch = 50 ff. EX. POWER ESMT. EX. 20" CITY OF RALED.B. 4343 PG 158 SANITARY SEWER EASEMENT �, I D.B.5866 PG.152 \1 00 a :F 299 �- -UT TO SMITH CREEK (Sa REA/-A)/ \ z V TEMPORARY - COFFER DAM & DIVERSION CHANNEL IMPACT UPSTREAM = 450 SF, 30 LF NEW 12" SS DOWNSTREAM = 0 SF OUTFACE � � � 2Q /I/ I 295 UPSTREAM COFFERDAM � RIP RAP KEYED INTO STREAM PERMANENT -NO PERMANENT LOSS. I M PACT 2A SEWER RELOCATION 9' ZONE 1 = 2,255 SF f ZONE 2=139SF 1 10 S EX.MH-I TOP: 266.61 IN: 256.47' OUT: 256.47 ctober 9tb 2020 DRAWING NO. B-200 00 RETAINING WALL W W I M PACT 2A 11 SEWER RELOCATION z / ZONE 1 = 2,255 SF z ZONE 2=139SF LIMITS OF CONST. a y MOONBOW TRAIL �— � ti 60' PUBLIC RIGHT OF WAY —WITHIN ENVIROMENTALLY 2g5 ENSIT�VE AREAS a zOQv IMPACT 1 - PERMANENT w a ® 260 z�a za IMPORTANT / PERENNIAL STREAM STREAM CHANNEL IMPACT = 113 LF 27g ti �z,5 STREAM CHANNEL IMPACT = 442 SF ,5 I ® s5 20 NEW 12" SS OUTFALL�273 ZONE 1 IMPACT = 6,771 SF 2, 2 QO 5!{ELF-269 rT, ZONE 2 IMPACT = 4,551 SF EX.MH 261 268.401 STREAM CHANNEL (RIP -RAP) / 1 .1, 58.101 gonoM-2 Q UPSTREAM= 43 LF - 528 SF OUT: 8.101 ^ W H DOWNSTREAM= 22 LF - 270 SF _ " BED= V J LIMITS OF CONST. WITHIN ENVIROMENTAL SENSITIVE 3 — AREAS STORM MH \ c TOP=275.08 12" OUT FALL D OUT=264.20 (ABANDON) EX. STORM STRUCTURE N \ \ SO�oM_265 (DO NOT DISTURB) PIPE SIZE UNKNOWN / z rn \ \ H 451) EX.MH-1 RIP RAP KEYED INTO STREAM lNv o NEW /2" PERMANENT -NO PERMANENT LOSS. SS OUTFALL OUT: 256. EX. POWER ESMT. 2 Zp \ \ NE D.I.4343 PG I58� 50' NEUSE BUFFER UT TO SMITH CREEK 3p- I \ \ W WET \ \ IMPACT 2B SEWER RELOCATION �m ZONE 1 = 100 SF W1' a' -\ W1w 4 1, \ 266 U 1 \ 266 CDC)PLIIIi n H � � Q WETLAND (W2) I o W NO IMPACT m \ - f� rnrn ml - \ w � DRIVE � z D PRIVATE z m r \ \ \ 19 86 29 50' 0' 25' 50' \ N 2a PROPERTY U October 9tb 2020 GRAGHC SCALE DRAWING NO. 1 inch - 50 ff. B-201 SCALE: z L'l H Z 1" = 50' H 1=10'V 320 J� Q00 N W Z i o ZON c-I LL ZS w F Z m w0} cl -c v J 3/0 ,WEL W 300 �2 x n VA=300AY 290 K 26F W d 60" RCP STORM PIPE 280 (PIPE BURIED 12" FOR N AQUATIC LIFE PASSAGE W 270 EXISTING GROUND cry PROPOSED GRADE 260 1 1� U � I MPORT ANT PERENNIAL STREAM - STREAM CHANNEL IMPACT = 113 LF 250 STREAM CHANNELIMPACT = 442 SF Q 16+00 /7+00LE--18+00 /9+00 20+00 2/+00 22+00 W w 50' 0' 25' 50' 100' GRAPHIC SCALE October9tb 2020 I inch = 50 ft. oRRwtN6 No. B-400 295 290 275 270 265 260 255 RIP RAP DETAIL (NT S) NATURAL CLASS B RIP RAP (l8" THICKNESS MIN.) TOP OF STONE SAME ELEV.AS CREEK BOTTOM PROPOSED GRADE RETAINING WALL CL CREEK BED 18" MIN. KEYED IN RIP RAP (CLASS B) TOP OF STONE SAME ELEV.— AS CREEK BOTTOM.— , i 12" DIP SEWER INV='-- 263.00 Q SCALE: 1" = 25' H 1= 5' V 60" RCP STORM PIPE (PIPE BURIED I2" FOR AQUATIC LIFE PASSAGE RCP'@ 207% lNV = 260.83 - I KEYED IN RIP RAP (CLASS B) I2+00 October 9tb 2020 DRAWING NO. B-401 To: Soil & Environmental Consultants, PA 8412 Falls of Neuse Road, Suite 104, Raleigh, NC 27615 • Phone: (919) 846-5900 • lax: [919) 846-9467 sandec.com U.S. Fish and Wildlife Service Raleigh Field Office P.O. Box 33726 Raleigh, NC 27636-3726 July 20, 2020 S&EC Project No: 7750.W17 Re: Online Project Review Request, Villagio at La Scala, Wake Forest — Wake County, 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 July 20, 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 permanent loss impacts to wetlands and streams. The location of the project and the action area are identified on the enclosed maps. Villagio at La Scala (35.938518,-78.538532). The site is located at 10728 Star Road, Wake Forest, 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 y DN: ii- cn—ason Montgomery, o-Soil &Environmental Consultants, PA ou-5&EC, Mason Montgomer email=mmontgomery@sandec.com, -US Date: 2020.07.21 12:22:36-04'00' Mason Montgomery Environmental Specialist, Wetlands Department Enclosures: 1) Project Request Review Package 2) S&EC T&E Species Report 3) Vicinity Maps 7) N11P Report 4) S&EC Photo Report 8) FWS Species Conclusion Table 5) Overall Site Plan 9) FWS Self -Certification Letter 6) FWS Official Species List Environmental Consultants, 104, Raleigh, NC 27615 • Phone: (919) 846-5900 • Fax sand�e. oom July 20, 2020 S&EC Project No.: 7750.W 17 To: Evolve Companies Attn: Matt Rogers 2918 Martinsville Road Greensboro, NC 27408 Re: THREATENED & ENDANGERED SPECIES REPORT Villagio at La Scala (+/- 28 acres) 10728 Star Road, Wake Forest, Wake County, NC Dear Matt Rodgers: On June 15, 2020, Soil & Environmental Consultants, PA (S&EC) evaluated the La Scala project shown on the attached maps for potential endangered species. The property is located at 10728 Star Road in Wake County, NC. Surface waters onsite flow into Smith Creek 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 C; 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 & NHP 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. This survey did not include any detailed sampling or netting. The results of the search are discussed below. Villagio at La Scala - S&EC Threatened & Endangered Species Report Page 1 of 6 July 20, 2020 S&EC Project #7750.W17 RESULTS: The FWS official species list identified the following species for the Evaluation limits: • 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 • Michaux's Sumac (Rhus michauxii), Endangered Of the species identified on the official species list, the NHP report did not identify any Federally threatened or endangered species within the project area or within 1 mile of the project area. Other State listed species were found within the project area as listed in the attached NHP report. The NHP Report Identified 1 natural area and 22 managed area within the project area or 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 it. We found no ideal suitable habitat (e.g., Long Leaf pine forests) within the project area. Majority of the site has been previously cut. There are some small fragments of mature pines, but no areas large enough to be considered potential habitat for RCW's. 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 lewisal: S&EC personnel conducted preliminary surveys of the streams onsite for potential suitable habitat for the Neuse River Waterdog. The NHP report did not list any known elemental occurrence within the project area or within 1 mile of it. 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 Villagio at La Scala - S&EC Threatened & Endangered Species Report Page 2 of 6 July 20, 2020 S&EC Project #7750.W17 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 streams onsite were +/-4 feet wide with medium baseflow and had a sandy gravel substrate with medium to large size cobble throughout. Due to these observations we have concluded that the project would "may affect, not likely to adversely affect" the Neuse River Waterdog CAROLINA MADTOM (Noturus furiosus): S&EC personnel conducted preliminary surveys of the streams onsite for potential suitable habitat for the Carolina Madtom. The NHP report did not list any known elemental occurrence within the project area or within 1 mile of it. This species is found in the Neuse River and Tar River basins. The suitable habitat this species is found in is also medium to large streams and rivers with a moderate gradient and large bed material. The Carolina Madtom also needs continuous year-round flow, and cover for nesting habitat. 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 streams onsite were +/-4 feet wide with medium baseflow and had a sandy gravel substrate with medium to large size cobble throughout. Due to these observations we have concluded that the project would "May affect, not likely to adversely affect" the Carolina Madtom. ATLANTIC PIGTOE (Fusconaia masona): 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 not list any known elemental occurrence within the project area or within 1 mile of it. 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 Villagio at La Scala - S&EC Threatened & Endangered Species Report Page 3 of 6 July 20, 2020 S&EC Project #7750.W17 Our preliminary survey concluded that potential suitable habitat does exist onsite. The perennial streams onsite were +/-4 feet wide with medium baseflow and had a sandy gravel substrate with medium to large size cobble throughout. Due to these observations we have concluded that the project would "May affect, not likely to adversely affect" 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 not list any known elemental occurrence within the project area or within 1 mile of it. 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. Due to the potential suitable habitat onsite, we concluded that the project would "May affect, not likely to adversely affect" the Dwarf Wedgemussel NHCHAUX'S SUMAC (Rhus michauxial: 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 fences, roads, previously graded roads, and easements. These areas were observed in detail. Other sumac species identified onsite included Winged sumac (Rhus copallinum). The Winged sumac was primarily close to star road. It should be noted that most of this site has been cleared and some areas on the east side of the streams were too thick to evaluate. Given the lack of species present during the optimal survey window, we concluded that the project would have "No effect" on the 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 Villagio at La Scala - S&EC Threatened & Endangered Species Report Page 4 of 6 July 20, 2020 S&EC Project #7750.W17 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. 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 Mason Digitally signed by Mason Montgomery DN: cn=Mason Montgomery, o=Soil & Environmental Consultants, PA, ou=S&EC, Montgomery Date: 2020 07.21 2 23 09 04e00 om, c=US 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. June 15, 2020. 7. NHP report re La Scala. June 15, 2020. 8. S&EC — FWS Species Conclusion Table. 07/20/2020. 9. S&EC — FWS Self -Certification Letter. 07/20/2020. Villagio at La Scala - S&EC Threatened & Endangered Species Report Page 5 of 6 July 20, 2020 S&EC Project #7750.W17 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 (IPaQ & 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. -U.S. Fish and Wildlife Service. 1993. Michaux's Sumac Recovery Plan. Atlanta, Georgia: U.S. Fish and Wildlife Service. 30pp. -U.S. Fish and Wildlife Service. 2003. Recovery Plan for the Red -cockaded Woodpecker (Picoides borealis) Second Revision. Atlanta GA 316 pp. -U.S. Fish and Wildlife Service/ Southeast Region. 2019. Carolina Madtom. Species Profile. https://www.fws.gov/southeast/wildlife/fishes/carolina-madtom/. - U.S. Fish and Wildlife Service/ Southeast Region. 2019. Neuse River Waterdog. Species Profile. https://www.fws.gov/southeast/wildlife/amphibians/neuse-river-waterdog/ Villagio at La Scala - S&EC Threatened & Endangered Species Report Page 6 of 6 44 o LLI fit CII �r �' r LA INAKEFt�/ p ^ l � Q1 Qr _ gip► - �'�i DR o o S 3p0 360 U d 01 ? D HEIGHT LN ti OJ C . NCenterfor GeograpRic Information &Analysis Project Number: USGS Map Map Title: N 7750.W17 0 1,000 2,000 Project Manager: I i i i I i i i I DS 10728 Star Rd Feet Scale: Wake Forest, NC 27587 1 " = 1000' • Source: 2019 NC Wake Soil & Environmental Consultants, PA Date: 8412 F.11—f N,— Rwd S.Rc 104. a,1d& \C 27613 - Phac! (919) 846-3W- F.: (919) 9661 6 06/24/2020 Forest Quad t � ; y B A Pg 2 I2 �- # I � ApC2 i `CeQ•' Wy _ L w B %r r C,eC '�� .APC2 Acr APC2 Ai3B 00 . ' Wv > ., a anC2 I Ww Gu CIE3 AP Ce82 LI C eCA )p — - -►-- -- - CIN CeC2 Wm E CeB2 A C • Wo APB B �. Lo 0 C& C2 u Ww E ApB2 2 B. P. NC nter for G ®graphic Inform tion ' Aned is Project Number: $OII $UCVey Map Title: N 7750.W17 0 500 1,000 Project Manager: I i i i I i i i I DS 10728 Star Rd Feet Scale: Wake Forest, NC 27587 1 " = 500' M ource: Wake County SoilSoil & Environmental Consultants, PA 8412 Falk aF X— R.& S.kr 104. Ra1d& \C 27615 - Phac! (919) 846-5M- F—(919) 896-916 06/24/2020 Survey Sheets 14 & 21 Legend. Evaluation Area ��o Potentially Jurisdictional Perennial Stream m ,� . ,_ •+ _'- " ., Non -Jurisdictional Stormwater BMP/Sediment BasinQ�' ', •. �4 t'1� , ;'r . .... �; Potentially Jurisdictional Wetland CO Potentially Jurisdictional Marginal Wetland 01 ,,i� _ hoto 8 4 Potential 50 Neuse River Riparian Buffer Culvert '' 0 0 Photo 6 Photo 2 - � O 'sa. � • ,. *k photo Photo 1 ' 0 Photo 4 Photo .f l F * �X All5k6s. 0 r N enter for 0,15phic Infor ation Ana Project No. N Aerial Photo Map 7750.W17 Project Mgr.:lk w E 10728 Star Rd ` cS S ' Wake Forest, NC 27587 Soil & Envirom ScaleQ 150 300 600 8412 Falls of Newt Road, Suite 104, Raleigh, NC 27615 • Phone: (919) 946-5900 • Fax: (919) 846-9467 : 1 " = 1Source: san&c.com Aerials from NC One Map 06/24/2020 Feet Job 4: 7750.W17 June 24, 2020 Threatened and Endangered Species Photo Report for Villagio at La Scala Photo 1: Star road Photo 2: Winged sumac in cleared area ri .' h. ,}parr . ; .� `• , . � r%• . � � r� . •� � � - - - � �f R jai • � . _••. r w rye i IL 4elV mom AR ik ram. 49' 4- or Job 4: 7750.W 17 June 24, 2020 Photo 9: Sediment basin Aw Site Data Table 1. Wake County PIN 1739-67-1143, 1739-77-1300 1739-66-5889, 1739-76-0427 2. Proposed Zoning (Town of Wake Forest): MF 3. Total Site Area Developed: = 23.4 Ac. 4. Total Impervious = 11.57 Ac. (49.4%) 5. Total Length of Important Perennial Streams On This Site = 11570 LF 6. NO PORTION OF THE SUBJECT PROPERTY IS IN A SPECIAL FLOOD HAZARD AREA PER MAP Nl1MRFR 37?01739f1f11 (FFFFCTIVF DATF• MAY 2nd, 2006). SAID MAP WAS DOWNLOADED ON �® / 07-08-2011 FROM THE FOLLOWING WEBSITE.---- " .NCFLOODMAPS.COM" / 1 � 0 /00P 0 CIIQ/' �' ! a / FUTURE / DEVELOPMENT ' ' l CHOP Roo .7 9®- - EW1 TOTAL PROPOSED IMPACTS: IMPORTANT /PERENNIAL STREAM IMPACT= 89 LF IMPORTANT /PERENNIAL STREAM IMPACT = 356 SF WETALND IMPACT = 25024 SF BUFFER IMPACT ZONE 1 = T134 SF ZONE 2 = 4,694 SF TEMPORARY BUFFE ZONE 1 = 0 SF ZONE 2 = 425 SF R IMPACT 0' 401 8 0' inch = 80' fto 521 .ia0 — — — EBB UT TO SMITH CREEK // I I I I I P / � II I ss 1� I i e 8 m2®m97 ® E oP \ 28 5.040 SS — POOL HOUSE --- ---- POOL CLUB \ HOUSE \ i — — 9 0A WETLAND IMPACT SEE SHEET B-200 SEWER IMPACT SEE SHEET B-200 . I- 1 I 9 coy' BMP"All Lh SS I i IMPORTANT SEE SHEET • 1 / VIA SEE SHEET B-400 FOR PROFILE O O .,v O UT TO SMITH CREEK H e P P M� EBB e �1 ® CEO[ 1� x ® CHOP BOUND 3® EAST OF PROPERTY LONE FLATMAR NIr 6 0' February 18th, 2012 DRAWING NO. B-100 United States Department of the Interior FISH AND WILDLIFE SERVICE Raleigh Ecological Services Field Office Post Office Box 33726 Raleigh, NC 27636-3726 Phone: (919) 856-4520 Fax: (919) 856-4556 In Reply Refer To: Consultation Code: 04EN2000-2020-SLI-1333 Event Code: 04EN2000-2020-E-03043 Project Name: La Scala June 15, 2020 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 06/15/2020 Event Code: 04EN2000-2020-E-03043 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. 06/15/2020 Event Code: 04EN2000-2020-E-03043 Attachment(s): • Official Species List 06/15/2020 Event Code: 04EN2000-2020-E-03043 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 06/15/2020 Event Code: 04EN2000-2020-E-03043 KA Project Summary Consultation Code: 04EN2000-2020-SLI-1333 Event Code: 04EN2000-2020-E-03043 Project Name: La Scala Project Type: DEVELOPMENT Project Description: Project is located at 10728 Star Road, Wake Forest, Wake County, NC (28 AC) Project Location: Approximate location of the project can be viewed in Google Maps: https: www.google.com/maps/place/35.938533861072365N78.53844359458785W Counties: Wake, NC 06/15/2020 Event Code: 04EN2000-2020-E-03043 3 Endangered Species Act Species There is a total of 6 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 06/15/2020 Event Code: 04EN2000-2020-E-03043 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 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. a ■■N Roy Cooper. Governor 00 i NC DEPARTMENT OF Susi Hamilton, Secretary notan NATUPAL AND CULTURAL RESOURCES E sow Walter Clark, Director, Land and Water Stewardship NCNHDE-12257 June 15, 2020 Robert Zarzecki Soil & Environmental Consultants, PA 8412 Falls of Neuse Road, Suite 104 Raleigh, NC 27615 RE. La Scala, 7750.W17 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. Based on the project area mapped with your request, a query of the NCNHP database indicates that there are no records for rare species, important natural communities, natural areas, and/or conservation/managed areas within the proposed project boundary. Please note that although there may be no documentation of natural heritage elements within the project boundary, it does not imply or confirm their absence, the area may not have been surveyed. The results of this query should not be substituted for field surveys where suitable habitat exists. In the event that rare species are found within the project area, please contact the NCNHP so that we may update our records. The attached `Potential Occurrences' table summarizes rare species and natural communities that have been documented within a one -mile radius of the property boundary. The proximity of these records suggests that these natural heritage elements may potentially be present in the project area if suitable habitat exists. Tables of natural areas and conservation/managed areas within a one -mile radius of the project area, if any, are also included in this report. If a Federally -listed species is found within the project area or is indicated within a one -mile radius of the project area, the NCNHP recommends contacting the US Fish and Wildlife Service (USFWS) for guidance. Contact information for USFWS offices in North Carolina is found here: https://www.fws.gov/offices/Directory/ListOffices.cfm?statecode=37. Please note that natural heritage element data are maintained for the purposes of conservation planning, project review, and scientific research, and are not intended for use as the primary criteria for regulatory decisions. Information provided by the NCNHP database may not be published without prior written notification to the NCNHP, and the NCNHP must be credited as an information source in these publications. Maps of NCNHP data may not be redistributed without permission. The NC Natural Heritage Program may follow this letter with additional correspondence if a Dedicated Nature Preserve, Registered Heritage Area, Clean Water Management Trust Fund easement, or Federally -listed species are documented near the project area. If you have questions regarding the information provided in this letter or need additional assistance, please contact Rodney A. Butler at rodnev.butlerWncdcr.aov or 919-707-8603. Sincerely, NC Natural Heritage Program DEPARTMENT OF NATURAL AND CULTURAL RESOURCES 1:1 W. JONES STREET, PALE01_ P<_ 27603 - 16S1 MAIL SERVICE CENTER. RALEiGH. NC 276" OFC !J19 707.9120 • FAX 919.707.4121 Natural Heritage Element Occurrences, Natural Areas, and Managed Areas Within a One -mile Radius of the Project Area La Scala Project No. 7750.W17 June 15, 2020 NCNHDE-12257 Element Occurrences Documented Within a One -mile Radius of the Project Area Taxonomic EO ID Scientific Name Common Name M Element Group Observation Occurrence Date Rank Amphibian 4373 Hemidactylium Four -toed Salamander 1996? H? Dragonfly or Damselfly Dragonfly or Damselfly Freshwater Bivalve Freshwater Bivalve Freshwater Bivalve scutatum 32043 Coryphaeschna ingens Regal Darner 2004-Pre H? 26060 Gomphurus septima Septima's Clubtail 2012-05-03 29256 Alasmidonta undulata Triangle Floater 2017-10-30 36501 Elliptic roanokensis Roanoke Slabshell 2016-07-27 33429 Lampsilis radiata Eastern Lampmussel 2017-09-26 Natural Areas Documented Within a One -mile Radius of the Project Area BC E E E Accuracy Federal State Status Status 3-Medium --- Special Concern 5-Very --- Significantly Low Rare 3-Medium --- Significantly Rare 3-Medium --- Threatened 3-Medium --- Special Concern 3-Medium --- Threatened Site Name entational Rating Collective Rating Upper Neuse River Floodplain R2 (Very High) C3 (High) Managed Areas Documented Within a One -mile Radius of the Project Area Managed Area Name wner= er Type AM City of Raleigh Open Space City of Raleigh Local Government Town of Wake Forest Open Space Town of Wake Forest Local Government Wake County Open Space Easement Wake County Private Town of Wake Forest Open Space - OS-078 Town of Wake Forest Local Government City of Raleigh Open Space City of Raleigh Local Government NC Clean Water Management Trust Fund Funded NC DNCR, Clean Water Management Trust State Project Fund City of Raleigh Greenway - Richland Creek City of Raleigh Local Government Greenway City of Raleigh Greenway - Richland Creek City of Raleigh Local Government Greenway Global State Rank Rank G5 S3 G5 S2? G2 S3 G4 S3 G3 S3 G5 S3 Page 2 of 4 Managed Areas Documented Within a One -mile Radius of the Project Area Managed Area Name Owner Owner Type Town of Wake Forest Greenway - Smith Creek Town of Wake Forest Local Government Greenway NC Clean Water Management Trust Fund Funded NC DNCR, Clean Water Management Trust State Project Fund City of Raleigh Greenway - Wakefield Trail City of Raleigh Local Government Town of Wake Forest Greenway - Smith Creek Town of Wake Forest Local Government Greenway Town of Wake Forest Greenway - Smith Creek Town of Wake Forest Local Government Greenway North American Land Trust Easement North American Land Trust Private Town of Wake Forest Greenway - Sanford Creek Town of Wake Forest Local Government Greenway NC Clean Water Management Trust Fund Funded NC DNCR, Clean Water Management Trust State Project Fund Town of Wake Forest Greenway Town of Wake Forest Local Government Town of Wake Forest Greenway Town of Wake Forest Local Government Town of Wake Forest Open Space Town of Wake Forest Local Government City of Raleigh Easement City of Raleigh Private Town of Wake Forest Open Space Town of Wake Forest Local Government Town of Wake Forest Open Space Town of Wake Forest Local Government Definitions and an explanation of status designations and codes can be found at httr)s://ncnhde.natureserve.org/helr). Data query generated on June 15, 2020; source: NCNHP, Q2 Apr 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 3 of 4 NCNHDE-12257: La Scala e � � a a ? "try. J•a '..R. �. .. `.` Jv ILn i' Jay RN•ry P " rte Pr "J . wac y F•4 �'� r LL it llr l•Pmm n� ;i .�'PN Cps s ,w tse °n, falnntTc� °r•• y .rur r SM1.c.Oh Gt mn HO Pr S V. "ylran []r SO SeliVel `g flav!u' a°5n ap.u{�, ■1 Odra - � Fb itler'' �$C w6 ' ,, r •7 P 2 hkglY Ln G Walkers ' Crossroads 'w.+ E June 15, 2020 ❑ Project Boundary ❑ Buffered Project Boundary NH Natural Area (NH NA) Managed Area (MAREA) 1:22,537 0 0.175 0.35 0.7 mi 0 0.3 0.6 12 km Sources: Esri. HERE, Gan-Nn. Inlermap, incr-I P Corp., GEaCO, uSGS, FAO, NPS, NRCAN, Geal3ase. IG N, KCadas[er NL, Ordnance Survey, Esri ,lepan. AAEfI. Evi China {Hong Kong). Ic] Open$IreeN°,ap cantrBuEors, and the GIS User Community Page 4 of 4 Species Conclusions Table Project Name: Villagio at La Scala Date: 07/20/2020 / Resource Name Conclusion ESA Section 7 / Eagle Act Determination Notes / Documentation -Species Red -cockaded Woodpecker No suitable habitat present No effect Preliminary survey conducted by S&EC Picoides borealis staff on June 15, 2020 Neuse River Waterdog Suitable habitat present, May affect, not likely to adversely affect Preliminary survey conducted by S&EC Necturus lewisi species not present staff on June 15, 2020 Carolina Madtom Suitable habitat present, May affect, not likely to adversely affect Preliminary survey conducted by S&EC Noturus furiosus species not present staff on June 15, 2020 Atlantic Pigtoe Suitable habitat present, May affect, not likely to adversely affect Preliminary survey conducted by S&EC Fusconaia masoni species not present staff on June 15, 2020 Dwarf Wedgemussel Suitable habitat present, May affect, not likely to adversely affect Preliminary survey conducted by S&EC Alasmidonta heterodon species not present staff on June 15, 2020 Michaux's Sumac Suitable habitat present, No effect Preliminary survey conducted by S&EC Rhus michauxii species not present staff on June 15, 2020 Bald Eagle No suitable habit present No Eagle Act Permit required Preliminary survey conducted by S&EC Haliaeetus leucocephalus staff on June 15, 2020 Northern Long-eared Bat Suitable habitat present, May affect, not likely to adversely affect Preliminary survey conducted by S&EC Myotis septentrionalis species not present staff on June 15, 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 July/20/2020 Signature /Title Date Ep1T OF Ty�2m a. 0 9 �gaCti 3, t$A United States Department of the Interior Project Name FISH AND WILDLIFE SERVICE Raleigh Field Office P.O. Box 33726 Raleigh, NC 27636-3726 Date: 07/20/2020 Self -Certification Letter Villagio at La Scala Dear Applicant: U.S. F 8t, d W ILD AFT. 31iNV lCl3 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 0 "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; 0 "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@fws.gov or please contact Leigh Mann of this office at 919-856-4520, ext. 10. Sincerely, /s/Pete Benjamin Pete Benjamin Field Supervisor Raleigh Ecological Services Enclosures - project review package