HomeMy WebLinkAbout20211475 Ver 1_PCN Attachments_Charlie Braswell Road_20211007Environmental Consultants,
8412 1'all s o! Nctm Road, Suite 104, Raleigh, NC 27613 • 1'honc: {91)) 846-.;91X1
sandcc.com
PROPERTY OWNER CERTIFICATION / AGENT AUTHORIZATION
Project Name/Description: Arthur's Creek S&EC Project #
Date:
The Department of the Army
U.S. Army Corps of Engineers, Wilmington District
69 Darlington Avenue
Wilmington, NC 28403
Attn: Field Office:
I, the undersigned, a duly authorized owner of record of the property/properties identified
herein, do authorize representatives of the Wilmington District, U.S. Army Corps of Engineers
(Corps) and Soil & Environmental Consultants, PA (S&EC) staff, as my agent, to enter upon the
property herein described for the purpose of conducting on -site investigations and issuing a
determination associated with Waters of the U.S. subject to Federal jurisdiction under Section
404 of the Clean Water Act and/or Section 10 of the Rivers and Harbors Act of 1899. This
document also 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.
NOTICE: This authorization, for liability and professional courtesy reasons, is valid only for
government officials to enter the property when accompanied by S&EC staff. You should call
S&EC to arrange a site meeting prior to visiting the site.
PARCEL INFORMATION:
Parcel Index Number(s) (PIN): 2660898908, 2661807803, 2661800502, 2661709699, 2661802934. 2661704755
Site Address: Charlie Braswell Road
City, County, State: Goldsboro NC 27530
PROPERTY OWNER INFORMATION:
Name: David M. Perry
Mailing Address: P.O. Drawer E, Goldsboro, NC 27530
Telephone Number: 919 922-0073
David M. Perry
Property Owne (please print) Date
Property Owner Signature
We hereby certify the above information submitted in this application is true and accurate to
the best of our knowledge.
r
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r
NC-C--enter for Geographic Information & Analysi
Project Number: Map Title: N
14307.W10 0 1,000 2,000
Project Manager: Figure 1- USGS Map I I I I I I I I
SB 311 Charlie Braswell Road Feet
Scale: 1 1000'
Wayne County, NC
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� Soil &Environmental Consultants, PA
Date: Source: 2019 USGS Northwest
05/03/2021 Goldsboro Quad 8412 Falls of Neu eRoud, Su e104 Raleigh, NC 27615•Phone (919)846-5900•Fax (9l9)846-946
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311 Charlie Braswell Road
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Scale:
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Source:
Soil & Environmental Consultants, PA
Date:
Wayne County Soil
05/03/2021
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ROY COOPER
Governor
DIONNE DELLI-GATTI
soeratary
S. DANI£L SMITH
Direrwr
Builder's Bargain Center of Kinston, Inc.
PO Box Drawer E
Goldsboro, North Carolina 27523
NORTH CAROLINA
Environmental Quality
March 24, 2021
Subject: On -Site Determination for Applicability to Neuse Riparian Buffer Rules (15A NCAC 02B .0714)
Subject Property/ Project Name: 311 Charlie Braswell Road
Address/Location: 311 Charlie Braswell Road
Stream(s) Evaluated: (3) -- UT to Holland Branch, Class WS-IV; NSW; Stream Index 27-55-1-1; Neuse River Basin
Determination Date: March 23, 2021
Staff: Chris Pullinger, Paul Mays
2020-1368 vl
Wayne County
Determination Type:
Buffer:
Stream:
® Neuse (15A NCAC 02B .0714)
❑ Intermittent/Perennial Determination
❑ Tar Pamlico (15A NCAC 028.0734)
❑ Catawba (15A NCAC 02B .0614)
❑ Jordan (15A NCAC 02B .0267) (governmental and/or
interjurisdictional projects)
❑ Randleman 115A NCAC 02B .0724)
❑ Goose Creek (15A NCAC 02B .0605-.0608)
Stream
E/I/P'
Not Subject
Subject
Starti_o
Stop&
soil
Survey
USGS
Topo
2020-1368 v1 D
wetland
X
2020-1368 v1 D Start
2021-1368 v1 D Finish
X
2020-1368 v1 B
P
X
2020-1368 vl B Start
2021-1368 v1 B Finish
X
X
2020-1368 v1 A
P
X
2020-1368 v1 A Start
2021-1368 vl A Finish
X
X
sE/1/P = Ephemeral/lntermittent/Perennia!
The Division of Water Resources has determined that the streams listed in the table above and included on the attached map have been
located on page 13 of the most recent published (1974) NRCS Soil Survey of Wayne County, North Carolina and/or the most recent copy of the
NW Goldsboro USGS Topographic map at a 1:24,000 scale and evaluated for applicability to the Neuse Riparian Buffer Rule. Each feature that is
checked "Not Subject' and highlighted on the attached maps in "red" has been determined to be either man-made in nature, ephemeral, a
wetland, or not present on the property. Features that are checked "Subject" and highlighted on the attached maps in "blue" have been
located on the property and possess characteristics that qualify them to be at least intermittent streams. There may be other streams or
features located on the property that do not appear on the maps referenced above but may be considered jurisdictional according to the US
Army Corps of Engineers and subject to the Clean Water Act
This on -site determination shall expire five (5) years from the date of this letter. Landowners or affected parties that dispute a
determination made by the DWR may request a determination by the Director- An appeal request must be made within sixty (60) calendar
days of date of this letter to the Director in writing.
If sending via US Postal Service:
c/o Paul Wojoski
DWR-401 & Buffer Permitting Unit
1617 Mail Service Center
Raleigh, NC 27599-1617
If sending via deliveryservice (UPS, FedEx, etc.):
c% Paul Wajoski
DWR--401 & Buffer Permitting Unit
512 N. Salisbury Street
Raleigh, NC27604
This determination is final and binding as detailed above unless an appeal is requested within sixty (60) days-
NorthCarolina Department of Environmental Quality I Division of Water Resources
Washington Regional Office 1943 Washington Square Mall I Washington. North Carolina 27889
r�ra-.: mane rya �
iw.ee.m d F.w.�r 2S2.946.6481
This determination only addresses the applicability to the buffer rules and does not approve any activity within the buffers or
waters. The project may require a Section 404/401 Permit for the proposed activity- Any inquiries regarding applicability to the
Clean Water Act should be directed to the US Army Corps of Engineers Raleigh Regulatory Field Office at (919)-554-4884 ext. 22.
If you have questions regarding this determination, please feel free to contact Chris Pullinger at (252) 948-3918.
Sincerely,
RoW7""
Robert Tankard, Assistant Regional Supervisor
Water Quality Regional Operations Section
Division of Water Resources, NCDEQ
cc: WaRO DWR File Copy/LASERFICHE
Bob Zarzecki, S&EC (via e-mail: b2arzeckiPsandec.com)
Kevin Murphrey S&EC (via a -mail• kmurphrey@a sandec.com)
Samantha Dailey, LISACE Raleigh Field Regulatory Office (via e-mail)
Randall Jones, WaRO DEMLR (via e-mail)
D� North Carolina Department of Environmental Quality I Division of Water Resources
Washington Regional Office 1 943 Washington Square Mall I Washington, North Carolina 27889
rvcrs-� rcnoi w �
aF %I�4 f� 252.946,6481
"oft RM*Menenw
Mwagement GUntm1s51on
OMMM of wow stesotums
�_ w�Baset Bu tdt
North Carolina Department of Environmental Quality { Division of Water Resources
Washington Regional Office 1 943 Washington Square Mal] I Washington, North Carolina 27889
252.946.6481
Deborah Shirley
From: Dailey, Samantha J CIV USARMY CESAW (USA) <Samantha.J.Dailey@usace.army.mil>
Sent: Wednesday, September 30, 2020 7:38 AM
To: Kevin Murphrey
Cc: Steven Ball
Subject: RE: SAW-2020-01346 311 Charlie Braswell Road
Kevin,
Reference is made to ORM ID SAW-2020-01346; please reference this number on any correspondence regarding this
action.
On July 31, 2020, we received information from you requesting the Wilmington District, Regulatory Division review and
concur with the boundaries of an aquatic resource delineation.
We have reviewed the information provided by you concerning the aquatic resources, and by copy of this e-mail, are
confirming that the aquatic resources delineation has been verified by the Corps to be a sufficiently accurate and
reliable representation of the location and extent of aquatic resources within the identified review area. The location
and extent of these aquatic resources are shown on the delineation map (or survey), labeled Wetland Sketch Map and
dated 9/29/2020.
Regulatory Guidance Letter (RGL) 16-01 https://usace.contentdm.ocic.org/utils/getfile/collection/pl602lco119/id/1256
provides guidance for Jurisdictional Determinations (JD) and states "The Corps generally does not issue a JD of any type
where no JD has been requested". At this time we are only verifying the delineation. This delineation may be relied
upon for use in the permit evaluation process, including determining compensatory mitigation. "This verification does
not address nor include any consideration for geographic jurisdiction on aquatic resources and shall not be interpreted
as such. This delineation verification is not an Approved Jurisdictional Determination (AJD) and is not an appealable
action under the Regulatory Program Administrative Appeal Process (33 CFR Part 331). However, you may request an
AJD, which is an appealable action.
The delineation included herein has been conducted to identify the location and extent of the aquatic resource
boundaries and/or the jurisdictional status of aquatic resources for purposes of the Clean Water Act for the particular
site identified in this request. This delineation may not be valid for the Wetland Conservation Provisions of the Food
Security Act of 1985, as amended. If you or your tenant are USDA program participants, or anticipate participation in
USDA programs, you should discuss the applicability of a certified wetland determination with the local USDA service
center, prior to starting work.
"Please note that I will be issuing a combined Preliminary Jurisdictional Determination (PJD) and Approved
Jurisdictional Determination (AJD) for your project. I do ask that you let me know when you need the paperwork.
Best Regards,
Sam
Samantha Dailey
Regulatory Project Manager
U.S. Army Corps of Engineers
Regulatory Division
3331 Heritage Trade Drive, Suite 105
Wake Forest, NC 27587
(919) 554-4884, Ext. 22
Samantha.j.dailey@usace.army.mil
-----Original Message -----
From: Kevin Murphrey <kmurphrey@sandec.com>
Sent: Tuesday, September 29, 2020 8:49 PM
To: Dailey, Samantha J CIV USARMY CESAW (USA) <Samantha.J.Dailey@usace.army.mil>
Cc: Steven Ball <sball@sandec.com>
Subject: [Non-DoD Source] RE: SAW-2020-01346 311 Charlie Braswell Road
Hey Samantha, here is the updated Wetland Sketch Map and Aquatic resources table. I left the Cowardin Code blank for
Ditch 1 and 2 because I wasn't sure what to put there.
Let me know if you have any further questions, thanks!
-----Original Message -----
From: Dailey, Samantha J CIV USARMY CESAW (USA) <Samantha.J.Dailey@usace.army.mil>
Sent: Tuesday, September 29, 2020 10:25 AM
To: Kevin Murphrey <kmurphrey@sandec.com>
Cc: Steven Ball <sball@sandec.com>
Subject: RE: SAW-2020-01346 311 Charlie Braswell Road
Kevin,
Please make the following changes to the map:
1) DP3 is an excluded wetland. Please label as W4 on the map, and please label as Excluded Feature in the map legend.
Please also place an Approved JD boundary around the feature and denote in legend; and
2) Please label LW1 and LW2 as Ditch 1 and Ditch 2, and change in map legend as well.
The Corps Action ID for the project is SAW-2020-01346. Please reference this number on all future correspondence for
this project. Please also fill out the enclosed aquatic resource table. You ONLY need to fill out the AgResources tab of the
table.
Please let me know if you have any questions.
Best Regards,
Sam
Samantha Dailey
Regulatory Project Manager
U.S. Army Corps of Engineers
Regulatory Division
3331 Heritage Trade Drive, Suite 105
Wake Forest, NC 27587
(919) 554-4884, Ext. 22
Samantha.j.dailey@usace.army.mil
-----Original Message -----
From: Kevin Murphrey <kmurphrey@sandec.com>
Sent: Monday, September 28, 2020 8:49 AM
To: Dailey, Samantha J CIV USARMY CESAW (USA) <Samantha.J.Dailey@usace.army.mil>
Cc: Steven Ball <sball@sandec.com>
Subject: [Non-DoD Source] RE: SAW-2020-01346 311 Charlie Braswell Road
Yeah that marginal wetland (DP3) was just kind of a low spot in the Ag field that met all three indicators, but didn't have
any direct connection to anything to the south. There was a stream mapped on the soil survey (Feature D) but we didn't
find any evidence of a connection offsite.
As for the Linear wetlands, I remember that the lower portion of LW2 had a lot of hydric vegetation within the ditch,
which is why we decided to flag up the ditches. In my opinion, LW1 and LW2 could just be considered ditches and not
Linear wetlands because its just man-made ditch cut through uplands.
Let me know if you have any further questions.
Thanks
-----Original Message -----
From: Dailey, Samantha J CIV USARMY CESAW (USA) <Samantha.J.Dailey@usace.army.mil>
Sent: Monday, September 28, 2020 7:06 AM
To: Kevin Murphrey <kmurphrey@sandec.com>
Cc: Steven Ball <sball@sandec.com>
Subject: SAW-2020-01346 311 Charlie Braswell Road
Good morning Kevin,
I wanted to touch base with you regarding our site visit tomorrow and see if we could potentially clear up my questions
via email, rather than dragging us all the way down there to look at a couple of features; plus the weather looks very
rainy tomorrow.
Based on the information provided in your report, along with a look at GIS, it does appear that DP3 (marginal wetland)
has all 3 criteria for a wetland; however, it appears to be situated at the top of the ridge with no direct connection to a
jurisdictional water (a(1)-(4)). Can you provide some clarity on that? I'm leaning towards considering this an excluded
wetland.
Secondly, it does not appear that data forms were filled out for the linear wetlands. What rational did you use to
consider them wetlands, rather than jurisdictional ditches?
If you can provide some feedback on these features I will move forward with a desktop review and we'll scrap
tomorrow's site visit.
Best Regards,
Sam
Samantha Dailey
Regulatory Project Manager
U.S. Army Corps of Engineers
Regulatory Division
3331 Heritage Trade Drive, Suite 105
Wake Forest, NC 27587
(919) 554-4884, Ext. 22
Samantha.j.dailey@usace.army.mil
Environmental Consultants,
8412 Falls of Neuse Road, Suite 104, Raleigh, NC 27615 • Phone; (919) 846-5900
sandec.com
To: U.S. Fish and Wildlife Service July 19, 2021
Raleigh Field Office S&EC Project No: 14307.W9
P.O. Box 33726
Raleigh, NC 27636-3726
Re: Online Project Review Request, 311 Charlie Braswell Road, Goldsboro — Wayne 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 19, 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. Clearing and grading work has begun in upland areas of the site.
The location of the project and the action area are identified on the enclosed maps.
311 Charlie Braswell Road (35.423168,-78.100614). The site is located at 311 Charlie Braswell Road,
Goldsboro — Wayne 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 15, 2026.
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(asandec.com
Sincerely,
SOIL & ENVIRONMENTAL CONSULTANTS, PA
Digitally signed by Mason
Mason Montgomery Montgomery
Date: 2021.09.24 09:11:17-04'00'
Mason Montgomery
Environmental Scientist, Wetlands Department
Enclosures:
1. Project Request Review Package 6. FWS Official Species List
2. S&EC T&E Species Report 7. NIP Report
3. Vicinity Maps 8. FWS Species Conclusion Table
4. S&EC Photo Report 9. FWS Self -Certification Letter
5. Overall Site Plan
Soil & Environmental Consultants, PA
8412 Falls of Neuse Road, Suite 104, Raleigh, NC 27615 • Phone: (919) 846-5900 • Fax: (919) 846-9467
sandec.com
July 19, 2021
S&EC Project No.: 14307.W9
To: Builders Bargain Center of Kinston Inc
Attn: David M. Perry
701 Datetown Road
Goldsboro, NC 27530
Re: THREATENED & ENDANGERED SPECIES REPORT
311 Charlie Braswell Road (+/-66 acres)
311 Charlie Braswell Road, Goldsboro, Wayne County, NC
David Perry:
On May 22, 2021, Soil & Environmental Consultants, PA (S&EC) evaluated the 311 Charlie Braswell
property shown on the attached maps for potential endangered species. The property is located at 311
Charlie Braswell Road in Wayne County, NC. Surface waters onsite flow into Holland Branch in the
Neuse River Basin, which has been classified in the "Classification and NC DWQ Standards Applicable
to Surface Waters and Wetlands of North Carolina" as WS-IV; 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.
311 Charlie Braswell Road - S&EC Threatened & Endangered Species Report
Page 1 of 6
July 19, 2021
S&EC Project #14307.W9
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
• Tar River Spinymussel (Elliptio steinstansana), 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 one 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 did not identify any natural or managed land areas within the project area or within one mile of
the project area.
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 one mile of the site. We found no ideal suitable habitat (e.g., Long Leaf pine
forests) within the project area. 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 lewisa):
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 one mile of the site. This species is found in the Neuse River and Tar River
basins. The suitable habitat this species is found in is typically medium to large streams and rivers with
a moderate gradient and large bed material. The Neuse River Waterdog also needs riffles, runs, and
pools. While we did not specifically 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.
311 Charlie Braswell Road - S&EC Threatened & Endangered Species Report
Page 2 of 6
July 19, 2021
S&EC Project #14307.W9
Our preliminary survey concluded that potential suitable habitat does not exist onsite. Holland Branch
was +/-4 feet wide with medium baseflow and had a sandy gravel substrate and is subject to 50' Neuse
River riparian buffers. Additionally, the other first order perennial stream 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 one 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. Holland Branch
was +/-4 feet wide with medium baseflow and had a sandy gravel substrate and is subject to 50' Neuse
River riparian buffers. Additionally, the other first order perennial stream 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 masons):
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 one mile
of the site. The suitable habitat for this species consists of medium sized creeks to large rivers with
excellent water quality. This species typically lives in streams with coarse sand and gravel with moderate
to high flowing water. While we did not specifically sample for the species, we also did not find any
evidence of the species while conducting our preliminary surveys of the streams for potential suitable
habitat.
311 Charlie Braswell Road - S&EC Threatened & Endangered Species Report
Page 3 of 6
July 19, 2021
S&EC Project #14307.W9
Our preliminary survey concluded that potential suitable habitat does not exist onsite. Holland Branch
was +/-4 feet wide with medium baseflow and had a sandy gravel substrate and is subject to 50' Neuse
River riparian buffers. Additionally, the other first order perennial stream onsite did not have suitable
habitat. Due to these observations, we have concluded that the project would have "No effect" on the
Atlantic Pigtoe.
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 one 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
survey of the streams for potential suitable habitat.
Our preliminary survey concluded that potential suitable habitat does not exist onsite. Holland Branch
was +/-4 feet wide with medium baseflow and had a sandy gravel substrate and is subject to 50' Neuse
River riparian buffers. Additionally, the other first order perennial stream 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.
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 one
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.
311 Charlie Braswell Road - S&EC Threatened & Endangered Species Report
Page 4 of 6
July 19, 2021
S&EC Project #14307.W9
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 individual species.
Relying upon the findings of the 1/5/2016 Programmatic Biological Opinion for Final 4(d) Rule on the
Northern Long -Eared Bat and Activities Excepted from Take Prohibitions to fulfill our project -specific
section 7 responsibilities." 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
Montgomery
Digitally signed by Mason
Montgomery
Date: 2021.09.24 09:12:10
Mason Montgomery
Environmental Scientist, 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. July 19, 2021.
7. NHP report re: July 19, 2021.
8. S&EC — FWS Species Conclusion Table. July 19, 2021.
9. S&EC — FWS Self -Certification Letter. July 19, 2021.
311 Charlie Braswell Road - S&EC Threatened & Endangered Species Report
Page 5 of 6
July 19, 2021
S&EC Project #14307.W9
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 masonz). Version
1.2. March 2017. Atlanta, GA.
-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.
hLtps://www.fws. gov/southeast/wildlife/amphibians/neuse-river-waterdo g(
311 Charlie Braswell Road - S&EC Threatened & Endangered Species Report
Page 6 of 6
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United States Department of the Interior
FISH AND WILDLIFE SERVICE
Raleigh Ecological Services Field Office
Post Office Box 33726
Raleigh, NC 27636-3726
Phone: (919) 856-4520 Fax: (919) 856-4556
In Reply Refer To:
Consultation Code: 04EN2000-2021-SLI-1541
Event Code: 04EN2000-2021-E-03419
Project Name: Charlie Braswell Road
July 19, 2021
Subject: List of threatened and endangered species that may occur in your proposed project
location 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
07/19/2021
Event Code: 04EN2000-2021-E-03419 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/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.
07/19/2021 Event Code: 04EN2000-2021-E-03419
Attachment(s):
• Official Species List
07/19/2021
Event Code: 04EN2000-2021-E-03419 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
07/19/2021
Event Code: 04EN2000-2021-E-03419 2
Project Summary
Consultation Code: 04EN2000-2021-SLI-1541
Event Code: 04EN2000-2021-E-03419
Project Name: Charlie Braswell Road
Project Type: DEVELOPMENT
Project Description: This project is located at 311 Charlie Braswell Road in Wayne County,
NC. This site is approximately 66 acres.
Project Location:
Approximate location of the project can be viewed in Google Maps: https://
www.google.com/maps/@35.423115949999996,-78.0994400180983,14z
Counties: Wayne County, North Carolina
07/19/2021
Event Code: 04EN2000-2021-E-03419 3
Endangered Species Act Species
There is a total of 5 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
Fisheriesl, 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.
1. 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 Endangered
No critical habitat has been designated for this species.
Species profile: https://ecos.fws.gov/ecp/species/7614
Amphibians
NAME
Neuse River Waterdog Necturus lewisi
There is final critical habitat for this species. The location of the critical habitat is not available.
Species profile: https://ecos.fws.gov/ecp/species/6772
Fishes
NAME
Carolina Madtom Noturus furiosus
There is final critical habitat for this species. The location of the critical habitat is not available.
Species profile: https://ecos.fws.gov/ecp/species/528
STATUS
Threatened
STATUS
Endangered
07/19/2021
Event Code: 04EN2000-2021-E-03419 4
Clams
NAME
STATUS
Atlantic Pigtoe Fusconaia masoni
There is proposed critical habitat for this species. The location of the critical habitat is not
available.
Species profile: https://ecos.fws.gov/ecp/species/5164
Tar River Spinymussel Elliptio steinstansana
No critical habitat has been designated for this species.
Species profile: https://ecos.fws.gov/ecp/species/1392
Proposed
Threatened
Endangered
Critical habitats
THERE ARE NO CRITICAL HABITATS WITHIN YOUR PROJECT AREA UNDER THIS OFFICE'S
JURISDICTION.
3 ■■■
■■ ■ NC DEPARTMENT OF
■ ■u••• NATURAL AND CULTURAL RESOURCES
• W■■■
July 19, 2021
Robert Zarzecki
Soil & Environmental Consultants, PA
8412 Falls of Neuse Road, Suite 104
Raleigh, NC 27615
RE: Charlie Braswell; 14307.W9
Dear Robert Zarzecki:
Roy Cooper, Governor
D. Reid Wilson, Secretary
Waiter Clark
Director, Division of land and Water Stewardship
NCNHDE-15157
The North Carolina Natural Heritage Program (NCNHP) appreciates the opportunity to provide
information about natural heritage resources for the project referenced above.
A query of the NCNHP database, based on the project area mapped with your request, indicates
that there are no records for rare species, important natural communities, natural areas, and/or
conservation/managed areas within the proposed project boundary, or within a one -mile radius of
the project boundary.
Please note that although there may be no documentation of natural heritage elements within or
near 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.
Please also 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 also not be redistributed without
permission.
If you have questions regarding the information provided in this letter or need additional assistance,
please contact Rodney A. Butler at rodney.butlerca ncdcr.gov or 919.707.8603.
Sincerely,
NC Natural Heritage Program
DEPARTMENT OF NATURAL AND CULTURAL RESOURCES
0 121 W. JONES STREET. RALEIGH. NC 27603 • 1651 MAIL SERVICE CENTER. RALEIGH. NC 27699
OFC 919.707.9120 • FAX 919.707.9121
NCNHDE-15157: Charlie Bras
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United States Department of the
Project Name
FISH AND WILDLIFE SERVICE
Raleigh Field Office
P.O. Box 33726
Raleigh, NC 27636-3726
Date: July 19, 2021
Self -Certification Letter
Charlie Braswell Property
Dear Applicant:
U.S. IN
Interior
s�Mf 9
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(c,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
From: Mason Montaomery
To: Raleiah, FW4
Cc: Deborah Shirley
Subject: Charlie Braswell T&E
Date: Friday, October 1, 2021 11:14:00 AM
Attachments: S&EC Charlie Braswell Property T&E Report sianed.pdf
Hello,
Attached is the threatened and endangered species report for the Charlie Braswell property located
in Wayne County, NC. S&EC is submitting for concurrence. Please review and let me know if any
additional information is required to make the determinations.
Thank you,
Mason L. Montgomery
Soil And Environmental Consultants, PA
North Quarter Office Park
8412 Falls of Neuse Road. Suite 104
Raleigh, NC 27615
Office (919) 846-5900
Direct (919) 746-7750
Mobile (704) 773 -2837
mmont2omerv(@sandec.com
Visit us at sandec.com
This electronic communication, including all attachments, is intended only for the named addressee (s) and may contain confidential information.
This electronic communication may not have passed through our standard review/quality control process. Design data and recommendations
included herein are provided as a matter of convenience and should not be used for final design. Rely only on final, hardcopy materials bearing
the consultant's original signature and seal. If you are not the named addressee (s), any use, dissemination, distribution or copying of this
communication is prohibited. If you have received this electronic communication in error, please notify the sender by return e-mail and delete the
original communication from your system. Thank you.
APlease consider the environment before printing this email.