20220143 Ver 1_USFWS Comments_20220406

Strickland, Bev
From: Matthews, Kathryn H <[e-mail]>
Sent: Wednesday, April 6, 2022 2:56 PM
To: Garrison, Gabriela; Cohn, Colleen M
Cc: Mann, Leigh
Subject: Fw: [EXTERNAL] SAW-2021-00788 / Floyds Landing / US Highway 70 Business / Floyd
Development / Smithfield / Johnston County, NC - NLEB SLOPES Situation 2 Email
Attachments: 20220311_IPaC_ Explore Location resources.pdf; PCN Attachments.pdf; 20220406
_Itr_FWS_Corps_FloydLanding_nonconcur.pdf
CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to
Report Spam.
Gabriela and Colleen,
Please find attached our letter to the Corps concerning this project. Thanks, and have a good week.
Please note that I am teleworking almost exclusively. Email is the best way to reach me. Thanks,
Kathy Matthews
NC Renewable Energy Coordinator &
Fish and Wildlife Biologist
U.S. Fish and Wildlife Service
551-F Pylon Drive
Raleigh, NC 27606
919-856-4520, x. 27
From: Matthews, Kathryn H <[e-mail]>
Sent: Wednesday, April 6, 2022 2:54 PM
To: Hopper, Christopher D CIV USARMY CESAW (USA) <[e-mail]>
Cc: Mann, Leigh <[e-mail]>
Subject: Re: [EXTERNAL] SAW-2021-00788 / Floyds Landing / US Highway 70 Business / Floyd Development / Smithfield /
Johnston County, NC - NLEB SLOPES Situation 2 Email
Hi Chris,
Please find attached our letter concerning this project. Thanks, and have a good week.
Please note that I am teleworking almost exclusively. Email is the best way to reach me. Thanks,
Kathy Matthews
NC Renewable Energy Coordinator &
Fish and Wildlife Biologist
i

U.S. Fish and Wildlife Service
551-F Pylon Drive
Raleigh, NC 27606
919-856-4520, x. 27
From: Hopper, Christopher D CIV USARMY CESAW (USA) <[e-mail]>
Sent: Friday, March 11, 2022 2:16 PM
To: Matthews, Kathryn H <[e-mail]>
Subject: [EXTERNAL] SAW-2021-00788 / Floyds Landing / US Highway 70 Business / Floyd Development / Smithfield /
Johnston County, NC - NLEB SLOPES Situation 2 Email
This email has been received from outside of DOI - Use caution before clicking on links, opening attachments, or
responding.
Good Afternoon, Kathy,
This email serves as the USACE (1) notification for the NLEB, and (2) consultation request for other species (Situation 2).
1) Detailed project description (note percussive activities if applicable): The verification would authorize the use of
Nationwide Permit 29 to impact stream and wetland resources associated with development of the US 70 Business
Assemblage (Floyd Landing) in Smithfield, Johnston County, NC. Specifically, this verification authorizes the permanent
loss of 193 linear feet (If) (723 square feet (sf)) of Stream T1 (Impact S1) to construct a road crossing between
developable portions of the tract. The road crossing would also install 55 If (207 sf) of riprap stabilization (Impact S2)
downstream of the crossing, and work would be performed within a temporary dewatering area of an additional 20 If
(75 sf) (Impact S3), with ten feet on either side of the crossing temporarily impacted. A second impact area associated
with road and parking fill would require the permanent loss of 4,664 sf of Wetland W1b (Impact W1). An additional 305
sf of temporary impact would be required during construction. No other impact to jurisdictional resources is authorized.
2) Project latitude and longitude (center of site) in decimal degrees: 35.539161 -78.378952
3) Estimate of tree clearing in the USACE action area in either acreage or number of trees cleared: Approx. 0.2
Coordination and consultation concerning: Red -cockaded woodpecker, Neuse River waterdog, Carolina madtom,
Atlantic pigtoe, dwarf wedgemussel, yellow lance, and the candidate Monarch butterfly. The site overlaps the Critical
Habitat of Neuse River waterdog and Yellow lance.
The applicant provided the following text: NCNHP mapping and USFWS IPACS online tool. Project should have no
detrimental effect on the critical habitat of Swift Creek. The stormwater is being managed by wet ponds and will not
discharge into Swift Creek. In regards to the wet ponds, they are being designed to per the NCDENR BMP Manual to
treat the 1st inch of runoff. In addition the release rate for the post -developed peak flow rate for the 2-year storm will
be at or below the pre -developed peak flow rate. Terracon is also completing an online project review that will be
submitted to USFWS-Raleigh office to initiate potential Section 7 consultation.
For the NLEB - this project qualifies for Situation 2 - i.e., the action area is located outside of a red HUC and there is no
pile driving, blasting, or other percussive activities.
USACE Rationale and Determination: The USACE conducted a GIS review of the project and surrounding areas and also
reviewed the most current maps of confirmed/known hibernation and maternity (tree) sites for the NLEB at
http://www.fws.gov/raleigh/NLEB RFO.html and via ArcView GIS and has determined that the action area for this
project is located outside of the highlighted areas/red 12-digit HUCs and activities in the action area do not require
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prohibited incidental take; as such, this project meets the criteria for the 4(d) rule and any associated take is
exempted/excepted.
U.S. Fish and Wildlife Service (Service) Concurrence for the NLEB: This notice is being sent to the Service in accordance
with the surrogate consultation procedure/SLOPES that was established between the Service's Asheville and Raleigh
Ecological Offices and the USACE, Wilmington District, for the NLEB. This project does not require prohibited intentional
take of the NLEB and meets the criteria for the 4(d) rule; therefore any associated take is exempt and it is not necessary
for the USACE to wait 30 days for the Service to object or concur.
USACE determination for other species and/or critical habitat under consultation, informed by consultant reporting --
OTHER SPECIES. AFFECT DETERMINATION for the following reasons:
Red -cockaded woodpecker — No Effect — Most tree clearing would occur to hardwood forests situated along stream
channels.
Neuse River waterdog — May Affect Not Likely to Adversely Affect — No impact to Swift Creek or its floodplain are
proposed. The stream crossing (a 3.75'wide perennial) would be installed within a cofferdam pump around to protect
downstream resources.
Carolina madtom — May Affect Not Likely to Adversely Affect — No impact to Swift Creek or its floodplain are
proposed. The stream crossing (a 3.75'wide perennial) would be installed within a cofferdam pump around to protect
downstream resources.
Atlantic pigtoe -- May Affect Not Likely to Adversely Affect — No impact to Swift Creek or its floodplain are
proposed. The stream crossing (a 3.75'wide perennial) would be installed within a cofferdam pump around to protect
downstream resources.
Dwarf Wedgemussel — May Affect Not Likely to Adversely Affect — No impact to Swift Creek or its floodplain are
proposed. The stream crossing (a 3.75'wide perennial) would be installed within a cofferdam pump around to protect
downstream resources.
Yellow Lance — May Affect Not Likely to Adversely Affect — No impact to Swift Creek or its floodplain are proposed. The
stream crossing (a 3.75'wide perennial) would be installed within a cofferdam pump around to protect downstream
resources.
Monarch butterfly — Candidate — Monarch butterfly is not a resident of the project area but could be expected to occur
here during migration. Ample resources are available in the project vicinity to accommodate any displace individuals
and no adverse impact on this species is anticipated.
Also, USACE is not aware of any other issues concerning listed species and/or critical habitat and has determined that
the project would have no effect on any other species and/or critical habitat. Please let us know if you have information
to the contrary and/or if you need additional information.
Christopher D. Hopper
Regulatory Specialist
U.S. Army Corps of Engineers
Regulatory Division
3331 Heritage Trade Drive, Suite 105
Wake Forest, NC 27587
0: [phone], Ext. 35
M: [phone]
We would appreciate your feedback on how we are performing our duties. Our automated Customer Service Survey can
be accessed by copying and pasting the following link into your web browser:
https://regulatory.ops.usace.army.mil/customer-service-survey/. Thank you for taking the time to visit this site and
complete the survey.
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United States Department of the Interior
FISH AND WILDLIFE SERVICE
Raleigh ES Field Office
Post Office Box 33726
Raleigh, North Carolina 27636-3726
April 6, 2022
Chris Hopper
Regulatory Project Manager
US Army Corps of Engineers
3331 Heritage Trade Drive, Suite 105
Wake Forest, North Carolina 27587
Subject: Floyd Landing/ U.S. 70 Building Assemblage, Johnston County, NC
Action ID No. SAW-2021-00788
Dear Mr. Hopper:
This letter is in response to your March 11, 2022 request for concurrence concerning Federally
listed species at the proposed U.S. 70 Assemblage development (Floyd Landing) in Smithfield,
Johnston County, North Carolina. The U.S. Fish and Wildlife Service (Service) has reviewed
the emailed request, site plans, and the comments provided by the North Carolina Wildlife
Resources Commission (NCWRC) in their March 16, 2022 memo to North Carolina
Department of Environmental Quality (NCDEQ). Although your March 11 email indicates that
the consultant was completing an online project review for submittal to our office, no such
submittal has been provided. To our knowledge, we have not had any correspondence with the
applicant or consultant on this project. The Service only has the information provided in your
email, which does not include plans for activities outside of jurisdictional waters of the U.S.
The Service requests additional information on the project, as discussed further below.
Project Description
According to the submitted information, the applicant has applied for a Nationwide Permit
(NWP) 29 to impact stream and wetland resources associated with development of a residential
community with single family homes, townhomes, and associated infrastructure. The project is
located on multiple parcels adjacent to and incorporating the floodplains of Reedy Branch and
Swift Creek, in Smithfield, NC. The project site is within the Johnston County Environmentally
Sensitive District. The proposed NWP verification authorizes the permanent loss of 193 linear
feet (1f) (723 square feet (sf)) of unnamed tributary to Swift Creek (Stream T 1 and Impact S 1) to
construct a road crossing between developable portions of the tract. The road crossing would
also install 55 if (207 sf) of riprap stabilization (Impact S2) downstream of the crossing on
Stream T1, and work would be performed within a temporary dewatering area of an additional
201f (75 sf) (Impact S3), with ten feet on either side of the crossing temporarily impacted. A
second impact area associated with road and parking fill would require the permanent loss of
4,664 sf of Wetland Wlb (Impact W1). An additional 305 sf of temporary impact would be
required during construction. No other impact to jurisdictional resources is authorized.

According to the NCWRC memo, stream buffer impacts include 18,624 square feet of permanent
Zone 1 Buffer and 9,754 square feet of permanent Zone 2 Buffer. At least one of the impacts
(Impact #3) to the buffer includes placement of a stormwater pond discharge outfall and
dissipator pad within the 100-year floodplain of Swift Creek/Reedy Branch. Impact #5 includes
buffer impacts due to placement of a stormwater discharge pipe and dissipator pad at the top of
bank of an unnamed tributary to Swift Creek.
Federally Protected Species
If a project site contains suitable habitat for any of the Federally listed species known to be
present within Johnston County, the proposed action has the potential to adversely affect those
species. Current Federally listed species that are known to be present in the county include
Red -cockaded woodpecker (Picoides [= Dryobates] borealis), Neuse River waterdog (Necturus
lewisi) (NRWD), Carolina madtom (Noturus furiosus), dwarf wedgemussel (Alasmidonta
heterodon), Atlantic pigtoe (Fusconaia masoni), and yellow lance (Elliptio lanceolata).
Additional guidance concerning these species may be found at https://ecos.fws.gov/ecp/.
The NRWD, dwarf wedgemussel, yellow lance, and Atlantic pigtoe are found in Swift Creek
directly adjacent to the project. There are historic records of Carolina madtom in Swift Creek,
although the species has not been documented in the area since 1985. Critical habitat is present
in Swift Creek in the project area for NRWD, Atlantic pigtoe, and yellow lance.
The Corps has made a determination of "no effect" for red -cockaded woodpecker (RCW).
Based on information you submitted, the Service concurs with your determination of "no effect"
for RCW. The Corps has made a determination of "may affect, not likely to adversely affect"
for Carolina madtom, NRWD, dwarf wedgemussel, yellow lance, and Atlantic pigtoe. We
believe that the project is not likely to adversely affect Carolina madtom due to the much lower
potential for this species to be present in the project area. Based on the project information, the
Service cannot concur with a "may affect not likely to adversely affect" determination at this
time for the NRWD, dwarf wedgemussel, yellow lance, and Atlantic pigtoe. We outline our
rationale below.
Our data indicates that the NRWD, dwarf wedgemussel, yellow lance, and Atlantic pigtoe are
present in Swift Creek, directly adjacent to the project site, and within the Action Area of the
project. Action Area is defined by regulation as all areas to be affected directly or indirectly by
the action and not merely the immediate area involved in the action (50 CFR §402.02). This
analysis is not limited to the footprint of the project nor is it limited by the Federal agency's
authority. Action Area is determined by considering the range of impacts from the project,
including ground disturbance and changes in water quality and quantity of surface and
groundwater. For this project, the Action Area includes the stream buffers and wetlands 100-
year floodplain of Swift Creek and Reedy Branch along the entire length of the project, along
with an as -yet undefined length of Swift Creek downstream of the area of disturbance.
The Service is especially concerned with the potential impacts to aquatic species and critical
habitat in Swift Creek, although there is a high likelihood that these species are present in Reedy
Branch in the vicinity of the project. At this time, without any information to the contrary, the
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Service assumes that these listed aquatic species are present in Reedy Branch. No survey
information has been provided for Reedy Branch or the tributaries on the site, and no suitable
habitat analysis appears to have been conducted. The listed mussels (especially Atlantic pigtoe)
can be found in perennial streams that are less than a meter across.
Service Comments and Recommendations
1. The Service does not have enough information on the project to provide concurrence on
the Corps' species determinations. We recommend that a general set of plans for the
entire project be provided to our office. Engineered drawings are not required, but plans
should clearly show location of stormwater facilities and outfalls, the alignment of sewer
and water lines, greenways, and any other infrastructure that may be located on the site
and specifically adjacent to the buffers and floodplain for Swift Creek, Reedy Branch,
and the tributaries. The delineated stream buffers, 100-year floodplains and streams
should be clearly marked.
2. The Service recommends that the Corps consider the entire site as the Action Area for
this authorization. We believe this is justified considering the entire project site borders
Reedy Branch and Swift Creek, and multiple tributaries across the site drain to Swift
Creek.
3. Future plans for parcel number 168519-50-2545 (the Gourley parcel) should be
provided. The need for the road between Impact #5 and Impact #1 is unclear, as is the
need for three entries to the site from U.S. 70.
4. Suitable habitat determinations should be made upstream and downstream of the
proposed impact areas). At a minimum, a qualified biologist should walk the tributaries
on the site (in the stream) and determine if suitable habitat is present. If suitable habitat
is present for one or more species, the Service will likely assume presence due to the
proximity to Swift Creek's 100-year floodplain.
5. This project site is located within the Johnston County Environmentally Sensitive
District. As such, the Service recommends that the stormwater plans be revised to
provide attenuation of the 1-year through 100-year storm.
Significant impacts are anticipated from earth -moving activities so close to and within the
Reedy Branch and Swift Creek floodplains, stream buffers, tributaries, and adjacent wetlands.
These activities may adversely affect the habitat, water quality, and hydrology of Reedy Branch
and Swift Creek within and adjacent to the project area and downstream. The Service
recommends that suitable habitat surveys be conducted on the tributaries, but assumes that listed
aquatic species are present in Reedy Branch and Swift Creek adjacent to the site. We look
forward to continued coordination on this project. If you have any questions, please contact
Kathy Matthews by e-mail at <[e-mail]>.
Sincerely,
THOMAS AUGSPURGER Digitally
i itally20204.dby1H6OMS : 2ASAUGSPURGER
D
Pr Pete Benjamin
Field Supervisor
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cc: Gabriela Garrison, NCWRC
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