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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 A Ln 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 " = � 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 a•,deecom L .7N vvat3 .. ... ........ .11" ... .. ...... ... . . ....... WaB ef . . . . . . . . . . . . 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J I l£'o£l='n313 HOLIO '1SIX3 d0 1?J3nNl 'V1S S9'bZ+b A I � 0£'0£L I I 9"Zf l 0 I b Z'0£L='n 313 IIVMOV3H 30 1?J3nNl N 8Z'BL+f 'V1S z o 89'b£l='n 313 (30V1d dIHO) Of'6b+b 'V1S o � Z ££l l l'6S+£ 'V1S bb'Of l='n 313 IIVMOV3H 30 1?J3nNl I £0'6£+f 'V1S I I I OL'Of l I I I I I 98'0£ L I 8'ff l � I E I I SO' l£ l 0 � z / -- 110 I � - V1 O W I I I 00 cn l — I \ 1 Z H Z I / I � ,Ob y � - w �. 1 --132----_ �r _ 1 _"1`f � / 1 G(,p ti N CQ o' O L, J Q S vN�r Z Q Z N Z Q T STREAM E =e = z¢z� / F- Za VI O W 0O Gov W L/ X F f I co 1 N 'n Z OE � I I U - o s� r I 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 f❑ Ln r NC-C--enter for Geographic Information & Analysis Project Number: USGS Map Map Title: N 14307.W9 0 1,000 2,000 Project Manager: I I I I I I I I DS 311 Charlie Braswell Road Feet Scale: 1 1000' Wayne County, NC M A " = Soil & Environmental Consultants, PA Date: Source:2019 USGS Northwest 07/19/2021 Goldsboro Quad 8412 Falls of Neu eRoud, Su e104 Raleigh, NC 27615•Phone (919)846-5900•Fax (9l9)846-946 �;:.•< F o ff-: fi • NoA NoA L NoB NoB :.. NoA 0IR oA • a. ". Nob7. 4. " } 4 A. I 1.+ ,. �a.+.. .. .t:.. ., •n_:.ia'•::'. �. .. :^I _. .. �:.. -.a.. .av:..:. ...::':: sit;. B L Y t t a Vi :. 1. a Ly�Yrl ■ NC Centerfor Geo ra hic`Infiormartion &Anal sis 9 p .Y roject Number: SOII Survey Map Title: N 14307.W9 0 500 1,000 Project Manager: I i i i I i i i I DS 311 Charlie Braswell Road Feet Scale: 1500' Wayne County, NC " = Date: 7 A //� //� Source: Wayne County SOII � Soil &Environmental Consultants, PA ■ / 1 V /` 0 `1 8412 FA, of Na,- Rond. Sure 104, Rnleigh. VC 27615 • Phona. (919) 846i900 • Fay: (919) 846-9467 0 Survey Sheet 13 Sw W ` NW N 210 240 270 300 330 0 • I I I I I I 1 I •'I 1 I I I I I I I I I 0•• •0' I 75 C l.�.y, _ .w.. •mac �r.,_ _. � ��'11�,_ " n �r 21 May 2021, 09:15:13 N NE SE S 0 30 60 0 120 150 180 I I I I I I I I I I I I I I I I I I I lip j; 09 53'1T Job #: 14307.W9 July 19 2021 0 35.423697°.-78.102111° ±13ft Photo 3: Holland Branch CD 35.423142°,-78.100101° ±16ft Photo 4: Crossing 2 x 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 N 0 N N (7) co a C- O 0 I..1� a) co co CO N CO Lc • U N N— M (' ) t) a) O E U co O a) o a) Q o co o- N N O a) E co a) co a) Environmental Scien a) E O O 0 co co 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. 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