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HomeMy WebLinkAbout20201828 Ver 1_S&EC Rosedale Averette Rd T&E Report signed_20210227To: U.S. Fish and Wildlife Service Raleigh Field Office P.O. Box 33726 Raleigh, NC 27636-3726 Re: Online Project Review Request, Rosedale: Averette Road Property, 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 January 4, 2021 and are submitting our project review package in accordance with the instructions for further review. Our proposed action consists of: A planned residential development that is proposing impacts to wetlands and streams. The location of the project and the action area are identified on the enclosed maps. Rosedale: Averette Road Property (35.968096, -78449959). The site is located East and West of Averette 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 Mason Montgomery Environmental Specialist, Wetlands Department Enclosures: January 4, 2021 S&EC Project No: 13414.W10 1.Project Request Review Package 2.S&EC T&E Species Report 3.Vicinity Maps 4.S&EC Photo Report 5.Overall Site Plan 6.FWS Official Species List 7.NHP Report 8.FWS Species Conclusion Table 9.FWS Self-Certification Letter Rosedale Averette Road Property– S&EC Threatened & Endangered Species Report Page 1 of 7 January 4, 2021 S&EC Project No.: 13414.W10 To: Lennar Carolinas, LLC Attn: Stephen Dorn 1100 Perimeter Park Dr. Suite 112 Morrisville, NC 27560 Re: THREATENED & ENDANGERED SPECIES REPORT Rosedale: Averette Road Property (+/- 275 acres) East and West of Averette Road, Wake Forest, Wake County, NC Stephen Dorn: On December 17, 2020, Soil & Environmental Consultants, PA (S&EC) evaluated the Rosedale: Averette Road Property shown on the attached maps for potential endangered species. The property is located at East and West of Averette Road in Wake County, NC. Surface waters onsite flow into Austin 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. January 4, 2021 S&EC Project #13414.W10 Rosedale: Averette Road Property – S&EC Threatened & Endangered Species Report Page 2 of 7 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 • Tar River Spinymussel (Elliptio steinstansana), Endangered • Yellow Lance (Elliptio lanceolata), Threatened • 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 one natural area and eight managed areas 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 the site. We found no ideal suitable habitat (e.g., Long Leaf pine forests) within the project area. The Loblolly pine stands onsite are too young (± 25 years old) to be considered suitable habitat. Given the lack of species present, and no presence of suitable habitat we concluded that the project would have “No effect” on RCWs. NEUSE RIVER WATERDOG (Necturus lewisi): S&EC personnel conducted preliminary surveys of the streams onsite for potential suitable habitat for the Neuse River Waterdog. The NHP report did not list any known elemental occurrence within the project area or within 1 mile of the site. This species is found in the Neuse River and Tar River basins. The suitable habitat this species is found in is typically medium to large streams and rivers with a January 4, 2021 S&EC Project #13414.W10 Rosedale: Averette Road Property – S&EC Threatened & Endangered Species Report Page 3 of 7 moderate gradient and large bed material. The Neuse River Waterdog also needs riffles, runs, and pools. 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 not exist onsite. Austin Creek and the other perennials were +/- 4 feet wide with high baseflow and had a sandy gravel substrate. Additionally, the intermittent streams onsite did not have suitable habitat. Due to these observations, we have concluded that the project would have “No effect” on 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 (Note: This did not include a detailed aquatic mussel survey for the presence of mussels). The NHP report did not list any known elemental occurrence within the project area or within 1 mile of the site. 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 not exist onsite. Austin Creek and the other perennials were +/- 4 feet wide with high baseflow and had a sandy gravel substrate. The perennial streams had little nesting habitat. Additionally, the intermittent streams onsite did not have suitable habitat. Due to these observations, we have concluded that the project would have “No effect” on the Carolina Madtom. ATLANTIC PIGTOE (Fusconaia masoni): 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 the site. The suitable habitat for this species consists of medium sized creeks to large rivers with excellent water quality. This species typically lives in streams with coarse sand and gravel with moderate January 4, 2021 S&EC Project #13414.W10 Rosedale: Averette Road Property – S&EC Threatened & Endangered Species Report Page 4 of 7 to high flowing water. While we did not specifically sample for the species, we also did not find any evidence of the species while conducting our preliminary surveys of the streams for potential suitable habitat. Our preliminary survey concluded that potential suitable habitat does not exist onsite. Austin Creek and the other perennials were +/- 4 feet wide with high baseflow and had a sandy gravel substrate. Additionally, the intermittent streams onsite did not have suitable habitat. Due to these observations we have concluded that the project would have “No effect” on the Atlantic Pigtoe. DWARF WEDGEMUSSEL (Alasmidonta heterodon): S&EC personnel conducted preliminary surveys of the streams onsite for potential suitable habitat for the Dwarf Wedgemussel (Note: This did not include a detailed aquatic mussel survey for the presence of mussels). The NHP report did not list any known elemental occurrence within the project area or within 1 mile of the site. The Dwarf Wedgemussel has little to no preference for stream size, flow condition or bed material. Due to this all the streams onsite could be considered suitable habitat, although no mussels were observed during the preliminary suitable habitat survey. Due to the potential suitable habitat onsite, we concluded that the project would “May affect, not likely to adversely affect” the Dwarf Wedgemussel. TAR RIVER SPINYMUSSEL (Elliptio steinstansana): S&EC personnel conducted preliminary surveys of the streams onsite for potential suitable habitat for the Tar River Spinymussel (Note: This did not include a detailed aquatic mussel survey for the presence of mussels). The NHP report did not list any known elemental occurrence within the project area or within 1 mile of it. The suitable habitat for this species consists of silt free sand and gravel substrate, with well oxygenated reaches. This species typically lives in streams with coarse sand and gravel with moderate to high flowing water. While we did not specifically sample for the species, we also did not find any evidence of the species while conducting our preliminary surveys of the streams for potential suitable habitat. January 4, 2021 S&EC Project #13414.W10 Our preliminary survey concluded that potential suitable habitat does not exist onsite. Austin Creek and the other perennials were +/- 4 feet wide with high baseflow and had a sandy gravel substrate. Additionally, the intermittent streams onsite did not have suitable habitat. Due to these observations, we have concluded that the project would have “No effect” on the Tar River Spinymussel. YELLOW LANCE (Elliptio lanceolata): S&EC personnel conducted preliminary surveys of the streams on site for potential suitable habitat for the Yellow Lance (Note: This did not include a detailed aquatic mussel survey for the presence of mussels). The NHP report did not list any known elemental occurrence within the project area or within 1 mile of the site. The suitable habitat for this species consists of medium sized rivers and small creeks with excellent water quality. This species typically lives in streams clean, coarse sand, and some gravel with moderate to high flowing water. While we did not specifically sample for the species, we also did not find any evidence of the species while conducting our preliminary surveys of the streams for potential suitable habitat. Our preliminary survey concluded that potential suitable habitat does not exist onsite. Austin Creek and the other perennials were +/- 4 feet wide with high baseflow and had a sandy gravel substrate. Additionally, the intermittent streams onsite did not have suitable habitat. Due to these observations, we have concluded that the project would have “No effect” on the Yellow Lance. MICHAUX’S SUMAC (Rhus michauxii): S&EC personnel conducted preliminary surveys of suitable habitat 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 disturbed open areas along pond and field edges, and roads. It should be noted that this preliminary survey was done outside of the optimal survey window (May-October). While we did not find any Michaux’s Sumac plants within the project area, our survey was conducted outside of the optimal survey window and as suitable habitat was found it is possible that Michaux’s Sumac exists and therefore we concluded the project would “May affect” Michaux’s Sumac. We recommend consulting with the USFWS and/or conducting follow up surveys within the optimal survey window. Rosedale: Averette Road Property – S&EC Threatened & Endangered Species Report Page 5 of 7 January 4, 2021 S&EC Project #13414.W10 Rosedale: Averette Road Property – S&EC Threatened & Endangered Species Report Page 6 of 7 BALD EAGLE (Haliaeetus leucocephalus): S&EC personnel conducted preliminary surveys of suitable habitat, nesting sites, and individual Bald Eagles within the project area. During our survey, we found no evidence of Bald Eagles or any nesting sites within the project area. The NHP report did not identify any known nests onsite or within 1 mile of the site. Given the lack of species present, we have concluded that the project is “Unlikely to disturb nesting bald eagles”. We believe no Eagle Act Permit is required. NORTHERN LONG-EARED BAT (Myotis septentrionalis): S&EC personnel conducted preliminary surveys for suitable habitat and individual Northern Long- eared Bats (NLEB’s) within the project area. During our survey, we found no induvial species. Due to the nature of the project being residential development, we concluded that the project would “May affect, but not likely to adversely affect” NLEB’s. 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 a portion of the federally listed endangered or threatened species, their formally designated critical habitat, or species currently proposed for listing under the Endangered Species Act (ESA). However, as suitable habitat exists on site for Michaux’s Sumac the USFWS should be consulted to determine if surveys need to occur during the optimal survey windows for these plants to ensure that no plants exist within the disturbed limits of the project. We strongly recommend requesting a concurrence letter from the FWS. Sincerely, SOIL AND ENVIRONMENTAL CONSULTANTS, PA Mason Montgomery Environmental Specialist, Wetlands Department January 4, 2021 S&EC Project #13414.W10 Rosedale: Averette Road Property – S&EC Threatened & Endangered Species Report Page 7 of 7 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. December 3, 2020. 7. NHP report re: December 3, 2020. 8. S&EC – FWS Species Conclusion Table. January 4, 2021. 9. S&EC – FWS Self-Certification Letter. January 4, 2021. References: -North Carolina Natural Heritage Program. 2017. Biotics Database. Department of Environment and Natural Resources, Raleigh, North Carolina. -US Fish and Wildlife Service. Information for Planning and Consultation (IPaC) & Raleigh Ecological Services Field Office Online Project Reviews website. -U.S. Fish and Wildlife Service. 2017. Species status assessment report for the Atlantic Pigtoe (Fusconaia masoni). Version 1.2. March, 2017. Atlanta, GA. -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/ NC Center for Geographic Information & Analysis Project Number: SBProject Manager: 1" = 1000'Scale: 12/14/2020Date: Map Title: Source: USGS Map Rosedale: Averette Road Property Wake County, NC NC USGS Rolesville Quadrangle ¯0 1,000 2,000 Feet 13414.W10 Project Number: SB Project Manager: 1" = 1000'Scale: 12/14/2020Date: Map Title: Source: Soil Survey Map Rosedale: Averette Road Property Wake County, NC Wake County Soil Survey Sheets 15, 16, 11, 24 ¯0 1,000 2,000 Feet 13414.W10 AV E R E T T E R D JACK JONES RDW I N D I N G W A Y Z E B U L O N R DMILL DAM RDWAIT AVETYSON FARM RDHALYARD DRROCKY RIDGE RDCHELA LNMATRIX FARM DRPREAKNESS PLFORELOT CTNC Center for Geographic Information & AnalysisAV E R E T T E R D JACK JONES RDW I N D I N G W A Y Z E B U L O N R DMILL DAM RDWAIT AVETYSON FARM RDHALYARD DRROCKY RIDGE RDCHELA LNMATRIX FARM DRPREAKNESS PLFORELOT CTNC Center for Geographic Information & AnalysisμAerial Photo MapWake County, NCProject No.13414.W10Project Mgr.:SBScale:1" = 500'12/14/202001,0002,000500FeetNC OneMap, Wake County GISSource:Rosedale: Averette Road PropertyLegendEvaluation AreaIntermittent StreamPerennial StreamLinear WetlandNon JD pond in High GroundJurisdictional WetlandJurisdictional Pond50' Neuse River Riparian Buffer Job #: 13414.W10 January 4, 2021 1 Threatened and Endangered Species Photo Report for the Rosedale: Averette Road Property Photo 1: Field edge Photo 2: Perennial stream Job #: 13414.W10 January 4, 2021 2 Photo 3: Loblolly pine stand Photo 4: Proposed perennial stream crossing Job #: 13414.W10 January 4, 2021 3 Photo 5: Averette Road Photo 6: Proposed impact on perennial stream Job #: 13414.W10 January 4, 2021 4 Photo 7: Floodplain Photo 8: Perennial stream YIELDYIELDYIELD YIELDYIELDYIELDYIELD YIELDYIELDYIELDYIELD YIELD YIELDYIELDYIELDYIELD YIELDYIELD<<<<<<<<<<<<<<<<<<<<<<<<<<<<OPLOPLOPL OPLOPLOPLOPLOPLOPLOPL OPLOPL OPL OPLOPLOPLOPLOPLOPLOPLOPLOPLOPLPROJECT: SCALE: DATE: 2018-010.001 NOVEMBER 16, 2020 WETLAND AND BUFFER LOCATION: CLIENT: WAKE FOREST, NC TRYON PARTNERS II, LLCIASSOCIATES,RAVENRIEST,C &P LAND USE CONSULTANTS PLANNERS / LANDSCAPE DESIGNERS / SURVEYORS / ENGINEERS 3803 - B Computer Drive, Suite 104 Raleigh, N.C. 27609 . Phone 919 / 781-0300 . Fax 919 / 782-1288 . Email PCA@PriestCraven.com / Firm #: C-0488 NC.IMPACT EXHIBIT FOR ROSEDALE SUBDIVISION SHEET NUMBER: F:\LAND PROJECTS\2016-002.004 AVERETTE - WAKE FOREST\DRAWINGS\SHEET\IMPACTS\SUBDIVISION\ XR-16002-IMPACTS.DWG , Nov 24, 2020 - 7:36 PM , BWILL IMPACT #1SHEET 2IMPACT #2SHEET 3IMPACTSHEET 4#3 & #4IMPACTSHEET 5#5, #6 & #7IMPACT #8SHEET X#9 AND #10SHEET XIMPACT #10SHEET 11LEGENDJURISDICTIONAL CHANNEL TEMPORARY IMPACTPERMANENT CHANNEL IMPACT AREAPERMANENT - NO LOSS CHANNEL IMPACT AREARIPARIAN BUFFER ZONE 2 IMPACT AREARIPARIAN BUFFER ZONE 1 IMPACT AREAJURISDICTIONAL CHANNEL PERMANENT IMPACTDISSIPATOR PADDISTURBED LIMITSDLTEMPORARY CHANNEL IMPACT AREATEMP RIPARIAN BUFFER ZONE 2 IMPACT AREATEMP RIPARIAN BUFFER ZONE 1 IMPACT AREAJURISDICTIONAL CHANNEL TEMPORARY IMPACTGRAPHIC SCALE8002004001" = 400'01200400NORTHWETLANDSIMPACTED WETLANDSIMPACTS December 03, 2020 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: 04EN2000-2021-SLI-0304 Event Code: 04EN2000-2021-E-00641 Project Name: Rosedale; Averette Road Property Subject:List of threatened and endangered species that may occur in your proposed project location, and/or may be affected by your proposed project To Whom It May Concern: The species list generated pursuant to the information you provided identifies threatened, endangered, proposed and candidate species, as well as proposed and final designated critical habitat, that may occur within the boundary of your proposed project and/or may be affected by your proposed project. The species list fulfills the requirements of the U.S. Fish and Wildlife Service (Service) under section 7(c) of the Endangered Species Act (Act) of 1973, as amended (16 U.S.C. 1531 et seq.). New information based on updated surveys, changes in the abundance and distribution of species, changed habitat conditions, or other factors could change this list. Please feel free to contact us if you need more current information or assistance regarding the potential impacts to federally proposed, listed, and candidate species and federally designated and proposed critical habitat. Please note that under 50 CFR 402.12(e) of the regulations implementing section 7 of the Act, the accuracy of this species list should be verified after 90 days. This verification can be completed formally or informally as desired. The Service recommends that verification be completed by visiting the ECOS-IPaC website at regular intervals during project planning and implementation for updates to species lists and information. An updated list may be requested through the ECOS-IPaC system by completing the same process used to receive the enclosed list. Section 7 of the Act requires that all federal agencies (or their designated non-federal representative), in consultation with the Service, insure that any action federally authorized, funded, or carried out by such agencies is not likely to jeopardize the continued existence of any federally-listed endangered or threatened species. A biological assessment or evaluation may be prepared to fulfill that requirement and in determining whether additional consultation with the Service is necessary. In addition to the federally-protected species list, information on the species' life histories and habitats and information on completing a biological assessment or 12/03/2020 Event Code: 04EN2000-2021-E-00641   2    evaluation and can be found on our web page at http://www.fws.gov/raleigh. Please check the web site often for updated information or changes If your project contains suitable habitat for any of the federally-listed species known to be present within the county where your project occurs, the proposed action has the potential to adversely affect those species. As such, we recommend that surveys be conducted to determine the species' presence or absence within the project area. The use of North Carolina Natural Heritage program data should not be substituted for actual field surveys. If you determine that the proposed action may affect (i.e., likely to adversely affect or not likely to adversely affect) a federally-protected species, you should notify this office with your determination, the results of your surveys, survey methodologies, and an analysis of the effects of the action on listed species, including consideration of direct, indirect, and cumulative effects, before conducting any activities that might affect the species. If you determine that the proposed action will have no effect (i.e., no beneficial or adverse, direct or indirect effect) on federally listed species, then you are not required to contact our office for concurrence (unless an Environmental Impact Statement is prepared). However, you should maintain a complete record of the assessment, including steps leading to your determination of effect, the qualified personnel conducting the assessment, habitat conditions, site photographs, and any other related articles. Please be aware that bald and golden eagles are protected under the Bald and Golden Eagle Protection Act (16 U.S.C. 668 et seq.), and projects affecting these species may require development of an eagle conservation plan (http://www.fws.gov/windenergy/ eagle_guidance.html). Additionally, wind energy projects should follow the wind energy guidelines (http://www.fws.gov/windenergy/) for minimizing impacts to migratory birds and bats. Guidance for minimizing impacts to migratory birds for projects including communications towers (e.g., cellular, digital television, radio, and emergency broadcast) can be found at: http:// www.fws.gov/migratorybirds/CurrentBirdIssues/Hazards/towers/towers.htm; http:// www.towerkill.com; and http://www.fws.gov/migratorybirds/CurrentBirdIssues/Hazards/towers/ comtow.html. Not all Threatened and Endangered Species that occur in North Carolina are subject to section 7 consultation with the U.S Fish and Wildlife Service. Atlantic and shortnose sturgeon, sea turtles,when in the water, and certain marine mammals are under purview of the National Marine Fisheries Service. If your project occurs in marine, estuarine, or coastal river systems you should also contact the National Marine Fisheries Service, http://www.nmfs.noaa.gov/ We appreciate your concern for threatened and endangered species. The Service encourages Federal agencies to include conservation of threatened and endangered species into their project planning to further the purposes of the Act. Please include the Consultation Tracking Number in the header of this letter with any request for consultation or correspondence about your project that you submit to our office. If you have any questions or comments, please contact John Ellis of this office at john_ellis@fws.gov. 12/03/2020 Event Code: 04EN2000-2021-E-00641   3    ▪ Attachment(s): Official Species List 12/03/2020 Event Code: 04EN2000-2021-E-00641   1    Official Species List This list is provided pursuant to Section 7 of the Endangered Species Act, and fulfills the requirement for Federal agencies to "request of the Secretary of the Interior information whether any species which is listed or proposed to be listed may be present in the area of a proposed action". This species list is provided by: Raleigh Ecological Services Field Office Post Office Box 33726 Raleigh, NC 27636-3726 (919) 856-4520 12/03/2020 Event Code: 04EN2000-2021-E-00641   2    Project Summary Consultation Code:04EN2000-2021-SLI-0304 Event Code:04EN2000-2021-E-00641 Project Name:Rosedale; Averette Road Property Project Type:DEVELOPMENT Project Description:This site is located in Wake County and is approximately 275 acres. Project Location: Approximate location of the project can be viewed in Google Maps: https:// www.google.com/maps/place/35.97061904854581N78.45065890808993W Counties:Wake, NC 12/03/2020 Event Code: 04EN2000-2021-E-00641   3    1. Endangered Species Act Species There is a total of 8 threatened, endangered, or candidate species on this species list. Species on this list should be considered in an effects analysis for your project and could include species that exist in another geographic area. For example, certain fish may appear on the species list because a project could affect downstream species. IPaC does not display listed species or critical habitats under the sole jurisdiction of NOAA Fisheries , as USFWS does not have the authority to speak on behalf of NOAA and the Department of Commerce. See the "Critical habitats" section below for those critical habitats that lie wholly or partially within your project area under this office's jurisdiction. Please contact the designated FWS office if you have questions. NOAA Fisheries, also known as the National Marine Fisheries Service (NMFS), is an office of the National Oceanic and Atmospheric Administration within the Department of Commerce. Birds NAME STATUS Red-cockaded Woodpecker Picoides borealis No critical habitat has been designated for this species. Species profile: https://ecos.fws.gov/ecp/species/7614 Endangered Amphibians NAME STATUS Neuse River Waterdog Necturus lewisi There is proposed critical habitat for this species. Your location is outside the critical habitat. Species profile: https://ecos.fws.gov/ecp/species/6772 Proposed Threatened Fishes NAME STATUS Carolina Madtom Noturus furiosus There is proposed critical habitat for this species. Your location is outside the critical habitat. Species profile: https://ecos.fws.gov/ecp/species/528 Proposed Endangered 1 12/03/2020 Event Code: 04EN2000-2021-E-00641   4    Clams NAME STATUS Atlantic Pigtoe Fusconaia masoni There is proposed critical habitat for this species. Your location is outside the critical habitat. Species profile: https://ecos.fws.gov/ecp/species/5164 Proposed Threatened Dwarf Wedgemussel Alasmidonta heterodon No critical habitat has been designated for this species. Species profile: https://ecos.fws.gov/ecp/species/784 Endangered Tar River Spinymussel Elliptio steinstansana No critical habitat has been designated for this species. Species profile: https://ecos.fws.gov/ecp/species/1392 Endangered Yellow Lance Elliptio lanceolata There is proposed critical habitat for this species. Your location is outside the critical habitat. Species profile: https://ecos.fws.gov/ecp/species/4511 Threatened Flowering Plants NAME STATUS Michaux's Sumac Rhus michauxii No critical habitat has been designated for this species. Species profile: https://ecos.fws.gov/ecp/species/5217 Endangered Critical habitats THERE ARE NO CRITICAL HABITATS WITHIN YOUR PROJECT AREA UNDER THIS OFFICE'S JURISDICTION. NCNHDE-13427 December 3, 2020 Robert Zarzecki Soil & Environmental Consultants, PA 8412 Falls of Neuse Road, Suite 104 Raleigh, NC 27615 RE: Rosedale; Averette Road Property ; 13414 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 rodney.butler@ncdcr.gov or 919-707-8603. Sincerely, NC Natural Heritage Program Natural Heritage Element Occurrences, Natural Areas, and Managed Areas Within a One-mile Radius of the Project Area Rosedale; Averette Road Property Project No. 13414 December 3, 2020 NCNHDE-13427 Element Occurrences Documented Within a One-mile Radius of the Project Area Taxonomic Group EO ID Scientific Name Common Name Last Observation Date Element Occurrence Rank Accuracy Federal Status State Status Global Rank State Rank Dragonfly or Damselfly 32043 Coryphaeschna ingens Regal Darner 2004-Pre H?5-Very Low ---Significantly Rare G5 S2? Dragonfly or Damselfly 33749 Somatochlora georgiana Coppery Emerald 2004-Pre H?5-Very Low ---Significantly Rare G3G4 S1? Natural Community 18608 Mesic Mixed Hardwood Forest (Piedmont Subtype) ---1988-03-15 E 3-Medium ------G3G4 S4 Natural Areas Documented Within a One-mile Radius of the Project Area Site Name Representational Rating Collective Rating Wild Cat Hollow R5 (General)C5 (General) Managed Areas Documented Within a One-mile Radius of the Project Area Managed Area Name Owner Owner Type NC Land and Water Fund Funded Project NC DNCR, NC Land and Water Fund State Town of Wake Forest Open Space - Wake Forest Reservoir Park Town of Wake Forest Local Government Town of Wake Forest Open Space Town of Wake Forest Local Government Town of Wake Forest Open Space Town of Wake Forest Local Government Wild Cat Hollow (Perry) Registered Heritage Area Private Individual Private Town of Wake Forest Greenway - Austin Creek Greenway Town of Wake Forest Local Government 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 https://ncnhde.natureserve.org/help. Data query generated on December 3, 2020; source: NCNHP, Q3 October 2020. Please resubmit your information request if more than one year elapses before project initiation as new information is continually added to the NCNHP database. Page 2 of 3 Powered by TCPDF (www.tcpdf.org) Page 3 of 3 Species Conclusions Table Project Name: Rosedale: Averette Road Property Date: January 4, 2021 Species / Resource Name Conclusion ESA Section 7 / Eagle Act Determination Notes / Documentation Red-cockaded Woodpecker Picoides borealis No suitable habitat present No effect Preliminary habitat survey completed by S&EC staff on December 17, 2020. Neuse River Waterdog Necturus lewisi No suitable habitat present No effect Preliminary habitat survey completed by S&EC staff on December 17, 2020. Carolina Madtom Noturus furiosus No suitable habitat present No effect Preliminary habitat survey completed by S&EC staff on December 17, 2020. Atlantic Pigtoe Fusconaia masoni No suitable habitat present No effect Preliminary habitat survey completed by S&EC staff on December 17, 2020. Dwarf Wedgemussel Alasmidonta heterodon Suitable habitat present, species not present May affect, not likely to adversely affect Preliminary habitat survey completed by S&EC staff on December 17, 2020. Tar River Spinymussel Elliptio steinstansana No suitable habitat present No effect Preliminary habitat survey completed by S&EC staff on December 17, 2020. Yellow Lance Elliptio lanceolata No suitable habitat present No effect Preliminary habitat survey completed by S&EC staff on December 17, 2020. Michaux’s Sumac Rhus michauxii Suitable habitat present May affect Preliminary habitat survey completed by S&EC staff on December 17, 2020. It should be noted that this survey was completed outside of the optimal survey window (May-October). Bald Eagle Haliaeetus leucocephalus Unlikely to disturb nesting Bald Eagles No Eagle Act permit required Preliminary habitat survey completed by S&EC staff on December 17, 2020. Northern Long-eared Bat Myotis septentrionalis Suitable habitat present, no species present May affect, not likely to adversely affect Preliminary habitat survey completed by S&EC staff on December 17, 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 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 Signature /Title January 4, 2021 Date Raleigh Field Office P.O. Box 33726 Raleigh, NC 27636-3726 Date:__________________________ Self-Certification Letter Project Name______________________________ Dear Applicant: Thank you for using the U.S. Fish and Wildlife Service (Service) Raleigh Ecological Services online project review process. By printing this letter in conjunction with your project review package, you are certifying that you have completed the online project review process for the project named above in accordance with all instructions provided, using the best available information to reach your conclusions. This letter, and the enclosed project review package, completes the review of your project in accordance with the Endangered Species Act of 1973 (16 U.S.C. 1531-1544, 87 Stat. 884), as amended (ESA), and the Bald and Golden Eagle Protection Act (16 U.S.C. 668-668c, 54 Stat. 250), as amended (Eagle Act). This letter also provides information for your project review under the National Environmental Policy Act of 1969 (P.L. 91-190, 42 U.S.C. 4321-4347, 83 Stat. 852), as amended. A copy of this letter and the project review package must be submitted to this office for this certification to be valid. This letter and the project review package will be maintained in our records. The species conclusions table in the enclosed project review package summarizes your ESA and Eagle Act conclusions. Based on your analysis, mark all the determinations that apply: “no effect” determinations for proposed/listed species and/or proposed/designated critical habitat; and/or “may affect, not likely to adversely affect” determinations for proposed/listed species and/or proposed/designated critical habitat; and/or “may affect, likely to adversely affect” determination for the Northern long- eared bat (Myotis septentrionalis) and relying on the findings of the January 5, 2016, Programmatic Biological Opinion for the Final 4(d) Rule on the Northern long-eared bat; “no Eagle Act permit required” determinations for eagles. 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