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,
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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
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Date: Source: Wake County Soil Soil & Environmental Consultants, PA
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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
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SEE SHEET B-200
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W aKe Fosesi Uil\iy Easetn=nt -
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W ETAL N D IMPACT = 300 SF
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ZONE 2 = 45551 SF
TEMPORARY COFFER DAM & DIVERSION
CHANNEL IMPACT
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DOWNSTREAM = 0 SF
STREAM CHANNEL (RIP -RAP)
UPSTREAM= 43 LF - 528 SF
DOWNSTREAM= 22 LF - 270 SF
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WETLAND (W2) IMPACT
SEE SHEET B-201
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SEE SHEET B-401 FOR PROFILE
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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"
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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\
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MOONBOW TRAIL
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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
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STORM MH
TOP=275.08 12" OUTFALL-
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EX.STORM STRUCTURE
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0 2�� SS OUTFACE
PERMANENT -NO PERMANENT LOSS. ---owe
50' 0' 25' 50' 50' NEUSE BUFFERmm#m� 2
ZONE
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GRAPHIC SCALE UT TO SMITH CREEK
I inch = 50 ff.
EX. POWER ESMT.
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PERMANENT -NO PERMANENT LOSS.
I M PACT 2A
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ZONE 1 = 2,255 SF f
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1 10 S
EX.MH-I
TOP: 266.61
IN: 256.47'
OUT: 256.47
ctober 9tb 2020
DRAWING NO.
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00 RETAINING WALL W W I M PACT 2A 11
SEWER RELOCATION z
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ZONE 2=139SF
LIMITS OF CONST. a y
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ZONE 1 IMPACT = 6,771 SF 2, 2
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268.401
STREAM CHANNEL (RIP -RAP) / 1 .1, 58.101 gonoM-2 Q
UPSTREAM= 43 LF - 528 SF OUT: 8.101 ^ W H
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_ " BED= V J
LIMITS OF CONST. WITHIN
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— AREAS
STORM MH \ c
TOP=275.08 12" OUT FALL D
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EX. STORM STRUCTURE N \ \ SO�oM_265
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2 Zp \ \
NE D.I.4343 PG I58�
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1 \ 266
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October 9tb 2020
GRAGHC SCALE DRAWING NO.
1
inch - 50 ff. B-201
SCALE:
z
L'l
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1" = 50' H
1=10'V
320 J�
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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
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Project Number: USGS Map Map Title: N
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Project Manager: I i i i I i i i I
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Scale: Wake Forest, NC 27587
1 " = 1000' •
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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 .
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Potentially Jurisdictional Wetland CO
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Project No. N Aerial Photo Map
7750.W17
Project Mgr.:lk
w E 10728 Star Rd
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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
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Job 4: 7750.W 17
June 24, 2020
Photo 9: Sediment basin
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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" /
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FUTURE
/ DEVELOPMENT
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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
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inch = 80' fto
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SEE SHEET B-200
SEWER IMPACT
SEE SHEET B-200
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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 � �
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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