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HomeMy WebLinkAbout20221678 Ver 1_ePCN Application_20221129DWR Division of Water Resources Initial Review Pre -Construction Notification (PCN) Form For Nationwide Permits and Regional General Permits (along with corresponding Water Quality Certifications) April 13, 2022 Ver 4.3 Has this project met the requirements for acceptance in to the review process?* Yes No Is this project a public transportation project?* Yes No Change only if needed. Pre -Filing Meeting Date Request was submitted on: 11/23/2022 BIMS # Assigned* Version#* 20221678 1 Is a payment required for this project?* No payment required Fee received Fee needed - send electronic notification Select Project Reviewer* Zachary Thomas:eads\ztthomas Information for Initial Review la. Name of project: CPOURTESY COPY Buffalos Road Apartments la. Who is the Primary Contact?* Deborah Shirley Reviewing Office* Raleigh Regional Office - (919) 791-4200 1 b. Primary Contact Email:* lc. Primary Contact Phone:* dshirley@sandec.com (919)846-5900 Date Submitted 11/29/2022 Nearest Body of Water Neuse River Basin Neuse Water Classification C;NSW Site Coordinates Latitude: Longitude: 35.844813 -78.519662 A. Processing Information County (or Counties) where the project is located: Wake Is this a NCDMS Project Yes No Is this project a public transportation project? * Yes No la. Type(s) of approval sought from the Corps: Section 404 Permit (wetlands, streams and waters, Clean Water Act) Section 10 Permit (navigable waters, tidal waters, Rivers and Harbors Act) Has this PCN previously been submitted?* Yes No 1 b. What type(s) of permit(s) do you wish to seek authorization? Nationwide Permit (NWP) Regional General Permit (RGP) Standard (IP) lc. Has the NWP or GP number been verified by the Corps? Yes No Nationwide Permit (NWP) Number: 29 - Residential Developments Nationwide Permit (NWP) Number: 18 - Minor Discharges NWP Numbers (for multiple NWPS): ld. Type(s) of approval sought from the DWR: 401 Water Quality Certification - Regular Non-404 Jurisdictional General Permit Individual 401 Water Quality Certification le. Is this notification solely for the record because written approval is not required? For the record only for DWR 401 Certification: For the record only for Corps Permit: 1f. Is this an after -the -fact permit application?* Yes No lg. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? Yes No lg. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? Yes No 1 h. Is the project located in any of NC's twenty coastal counties? Yes No 1j. Is the project located in a designated trout watershed? Yes No B. Applicant Information ld. Who is applying for the permit? Owner Applicant (other than owner) le. Is there an Agent/Consultant for this project?* Yes No 2. Owner Information 2a. Name(s) on recorded deed: SOUTHWOOD FERNANDINA LLC 2b. Deed book and page no.: 017584/01805 2c. Contact Person: Herman Ratchford 2d. Address Street Address c/o Southwood Realty Company, PO Box 280 Address Line 2 City Gastonia Postal / Zip Code 28053 401 Water Quality Certification - Express Riparian Buffer Authorization State / Province / Region NC Country USA Yes No Yes No 2e. Telephone Number: (704)869-6024 2f. Fax Number: 2g. Email Address: * zach.spencer@greystar.com 3. Applicant Information (if different from owner) 3a. Name: Zach Spencer 3b. Business Name: Greystar 3c. Address Street Address 555 Fayetteville Street, Suite 300 Address Line 2 City Raleigh Postal / Zip Code 27601 3d. Telephone Number: (919)616-8241 3f. Email Address: * zach.spencer@greystar.com 4. Agent/Consultant (if applicable) 4a. Name: Deborah Shirley 4b. Business Name: Soil & Environmental Consultants, PA 4c. Address Street Address 8412 Falls of Neuse Road Address Line 2 City Raleigh Postal / Zip Code 27615 4d. Telephone Number: (919)846-5900 4f. Email Address: * dshirley@sandec.com C. Project Information and Prior Project History State / Province / Region NC Country USA 3e. Fax Number: State / Province / Region NC Country USA 4e. Fax Number: (919)846-9467 1. Project Information 1b. Subdivision name: (if appropriate) lc. Nearest municipality / town: Raleigh 2. Project Identification 2a. Property Identification Number: 1746216945 2b. Property size: 25.63 2c. Project Address Street Address 7300 Buffaloe Rd Address Line 2 City State / Province / Region Knightdale NC Postal / Zip Code Country 27604 USA 3. Surface Waters 3a. Name of the nearest body of water to proposed project: * Neuse River 3b. Water Resources Classification of nearest receiving water: * C;NSW 3c. What river basin(s) is your project located in?* Neuse 3d. Please provide the 12-digit HUC in which the project is located. 030202010703 4. Project Description and History 4a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this application:* Existing conditions consist of a wooded lot with open fields and one wetland feature in the NW corner. The property is bound by Buffaloe Rd, Forestville Rd. and Needham Rd. General land use in the vicinity of the project area is forested land with an influx of residential. 4b. Have Corps permits or DWR certifications been obtained for this project (including all prior phases) in the past? * Yes No Unknown 4f. List the total estimated acreage of all existing wetlands on the property: 0.06 4g. List the total estimated linear feet of all existing streams on the property: 0 4h. Explain the purpose of the proposed project: * The purpose of the project is to construct a multi -family residential development and it's necessary infrastructure. 4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used: * The overall project consists of a multi -family residential development and the construction of roadway infrastructure, utilities, structures, an amenity center and a Stormwater Control Measure (SCM). Specifically, there is one wetland fill area associated with lot fill and a SCM. Equipment typically used for construction and earthwork such as backhoes, bulldozers, excavtors, graders, pavers etc. will be utilized for this project. 5. Jurisdictional Determinations 5a. Have the wetlands or streams been delineated on the property or proposed impact areas?* Yes Comments: No Unknown 5b. If the Corps made a jurisdictional determination, what type of determination was made?* Preliminary Approved Not Verified Unknown N/A Corps AID Number: SAW-2022-01170 5c. If 5a is yes, who delineated the jurisdictional areas? Name (if known): Agency/Consultant Company: Other: Steven Ball Soil & Enviornmental Consultants 5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made by the Corps or DWR USAGE: Email concurrence from Lyle Phillips on September 21, 2022 (SAW-2022-01170) NCDWR: Buffer determination site visit June 22, 2022, Buffer Determination letter issued June 23, 2022 (NBRRO #22-177) 6. Future Project Plans 6a. Is this a phased project?* Yes • No Are any other NWP(s), regional general permit(s), or individual permits(s) used, or intended to be used, to authorize any part of the proposed project or related activity? D. Proposed Impacts Inventory 1. Impacts Summary la. Where are the impacts associated with your project? (check all that apply): Wetlands Open Waters 2. Wetland Impacts Streams -tributaries Pond Construction Buffers 2a. Site #* (?) 2a1 Reason (?) 2b. Impact type*(?) 2c. Type of W.* 2d. W. name 2e. Forested* 2f. Type of Jurisdicition* (?) 2g. Impact area* 1B Lot fill P Headwater Forest W1 Yes Both 0.030 (acres) 1A Stormwater SCM P Headwater Forest W1 Yes Both 0.056 (acres) 2g. Total Temporary Wetland Impact 0.000 2g. Total Wetland Impact 0.086 2i. Comments: E. Impact Justification and Mitigation 2g. Total Permanent Wetland Impact 0.086 1. Avoidance and Minimization la. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project: S&EC completed a wetland delineation and Neuse River Buffer evaluation for the entire property and in order to identify natural resources so that impacts could be avoided & minimized to the maximum extent practicable. The proposed impacts are less than 0.10 acre total and include one wetland area but quantified separately because of the need to use two separate Nationwide Permits, Nationwide Permit (NWP) 18 and 29. NWP 18 is proposed for the SCM fill. Impact 1A is proposing 0.056 acres of wetland fill for a Stormwater Control Measure (SCM). This impact I necessary due to state and local requirements for stormwater treatment, all new impervious area must first discharge to a forebay of a proposed wet detention SCM and then flow to the normal pool. For the portion of the pond that is impacting the existing wetlands, this is achieved by bucking grade and piping the runoff to the forebay's to the southwest. A forebay cannot be installed to solve this challenge near the wetland since the outfall of the pond is in close proximity to where that forebay would live and would create a condition of a inadequate flow path from the possible forebay to the point of discharge. A shorten flow path would reduce the needed treatment ability that the pond would provide. With that stated, the piping efforts creates a need for additional fall in the pipe bucking grade that ultimately leads to the needed impact to the wetland so the pond has positive slope leaving the outfall. Additionally, the City of Raleigh has in their comprehensive greenway plan a proposed future greenway connection along this feature. Per the city's UDO, since the project is proposing new development, it's the project responsibility to provide this connection. This creates additional justification for the impacts since that greenway alignment follows the top of the proposed pond. Impact 1 B is proposing 0.03 acres of wetland fill for lot fill. This impact is necessary to build up the site elevations to meet the adjacent street elevations and to be able to provide positive flow to the stormwater system. Retaining walls have been utilized to minimize this proposed impact. lb. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques: Per the project engineer: perimeter silt fences with stone outlets will be used around the perimeter and at the existing wetland for protection during construction. A skimmer basin that will ultimately be converted to a wet detention basin post construction will also be proposed to ensure adequate protection from denuded runoff. 2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State 2a. Does the project require Compensatory Mitigation for impacts to Waters of the U.S. or Waters of the State? Yes No 2b. If this project DOES NOT require Compensatory Mitigation, explain why: Permanent wetland losses are less than 0.10 acre. Impacts have been avoided to the maximum extent practicable. Therefore compensatory mitigation in the form of mitigation payment has not been proposed. F. Stormwater Management and Diffuse Flow Plan (required by DWR) 1. Diffuse Flow Plan la. Does the project include or is it adjacent to protected riparian buffers identified within one of the NC Riparian Buffer Protection Rules? Yes No If no, explain why: The NCDWR confirmed that there were no riparian buffers on property. 2. Stormwater Management Plan 2a. Is this a NCDOT project subject to compliance with NCDOT's Individual NPDES permit NCS000250? * Yes No 2b. Does this project meet the requirements for low density projects as defined in 15A NCAC 02H .1003(2)? Yes No 2c. Does this project have a stormwater management plan (SMP) reviewed and approved under a state stormwater program or state -approved local government stormwater program? Yes No N/A - project disturbs < 1 acre 2d. Which of the following stormwater management program(s) apply: Local Government State Local Government Stormwater Programs Phase II NSW USMP Water Supply Please identify which local government stormwater program you are using. City of Raleigh Comments: G. Supplementary Information 1. Environmental Documentation la. Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federal/state) land?* Yes No 2. Violations (DWR Requirement) 2a. Is the site in violation of DWR Water Quality Certification Rules (15A NCAC 2H .0500), Isolated Wetland Rules (15A NCAC 2H .1300), or DWR Surface Water or Wetland Standards or Riparian Buffer Rules (15A NCAC 2B .0200)?* Yes No 3. Cumulative Impacts (DWR Requirement) 3a. Will this project result in additional development, which could impact nearby downstream water quality?* Yes No 3b. If you answered "no," provide a short narrative description. We have reviewed the "Draft Internal Policy, Cumulative impacts and the 401 Water Quality Certification and Isolated Wetlands Programs" document prepared by the NC Division of Water Quality on April 10, 2004, version 2.1. The draft states that many private developments are unlikely to cause cumulative impacts, including projects such as urban in -fill, most residential subdivisions and small commercial developments as well as agricultural and silvicultural operations. The Buffaloe Road Apartments project is a residential development. Additionally, the project is located within the City of Raleigh jurisdiction, therefore the adjacent properties that have potential for development will have the following regulations to protect downstream waters: 1) the Neuse River Basin Riparian Buffer Protection regulations, these regulations require limited development within the riparian buffer area, in addition Best Management Practices may be required that control nitrogen if diffuse flow cannot be achieved; and 2) the Phase II NPDES Stormwater Permit Program, this program includes permitting requirements for Municipal Separate Storm Sewer Systems (MS4s) in addition to post -construction stormwater management requirements. We anticipate that the DWR will advise us if any additional information is needed. 4. Sewage Disposal (DWR Requirement) 4a. Is sewage disposal required by DWR for this project?* Yes No N/A 4b. Describe, in detail, the treatment methods and dispositions (non -discharge or discharge) of wastewater generated from the proposed project. If the wastewater will be treated at a treatment plant, list the capacity available at that plant. non -discharge connecting to an existing sewer main on Needham Road. Drains to Neuse River Resource Recovery Facility. 5. Endangered Species and Designated Critical Habitat (Corps Requirement) 5a. Will this project occur in or near an area with federally protected species or habitat?* Yes No 5b. Have you checked with the USFWS concerning Endangered Species Act impacts?* Yes No 5c. If yes, indicate the USFWS Field Office you have contacted. Raleigh 5d. Is another Federal agency involved?* Yes No Unknown 5e. Is this a DOT project located within Division's 1-8? Yes No 5f. Will you cut any trees in order to conduct the work in waters of the U.S.? Yes No 5g. Does this project involve bridge maintenance or removal? Yes No 5h. Does this project involve the construction/installation of a wind turbine(s)?* Yes No 51. Does this project involve (1) blasting, and/or (2) other percussive activities that will be conducted by machines, such as jackhammers, mechanized pile drivers, etc.? Yes No 5j. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? S&EC completed a Threatened & Endangered Species Report, to include a Self -Certification letter through the US Fish & Wildlife Service (USFWS), a query through the NC Natural Heritage Program database, and an official Species List through the iPac. A formal request was sent to the USFWS on June 2, 2022. The USFWS has 30 days to respond from the date of the sent request. The S&EC determinations were that 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). The FWS formally responded to our request on Sept. 1, 2022 indicating that they cuncur with our determinations. Please see attached S&EC Threatened & Endangered Species report and concurrence email. 6. Essential Fish Habitat (Corps Requirement) 6a. Will this project occur in or near an area designated as an Essential Fish Habitat?* Yes No 6b. What data sources did you use to determine whether your site would impact an Essential Fish Habitat? * The NOAA Habitat Conservation/Habitat Protection: National Marine Fish Service; Essential Fish Habitat Mapper website was referenced. No Essential Fish Habitat was identified near the project. 7. Historic or Prehistoric Cultural Resources (Corps Requirement) 7a. Will this project occur in or near an area that the state, federal or tribal governments have designated as having historic or cultural preservation status?* Yes No 7b. What data sources did you use to determine whether your site would impact historic or archeological resources?* The NC State Historic Preservation Office HPOWEB GIS Service interactive map was referenced on April 8, 2022, no historic listings or study list entries or determined eligible listings were identified within the property boundaries. S&EC submitted an Environmental Review request to SHPO on April 24, 2022. SHPO responded with ER 22-1541 indicating that the project as proposed will not have an effect on any historic structures. See attached ER letter. 8. Flood Zone Designation (Corps Requirement) 8a. Will this project occur in a FEMA-designated 100-year floodplain?* Yes No 8c. What source(s) did you use to make the floodplain determination?* FEMA Floodplain Maps Miscellaneous Please use the space below to attach all required documentation or any additional information you feel is helpful for application review. Documents should be combined into one file when possible, with a Cover Letter, Table of Contents, and a Cover Sheet for each Section preferred. Click the upload button or deg and drop files here to attach document PCN attachments_Buffaloe Apts.pdf 16.94MB File must be PDF or KMZ Comments Signature By checking the box and signing below, I certify that: • The project proponent hereby certifies that all information contained herein is true, accurate, and complete to the best of my knowledge and belief'; and • The project proponent hereby requests that the certifying authority review and take action on this CWA 401 certification request within the applicable reasonable period of time. • I have given true, accurate, and complete information on this form; I agree that submission of this PCN form is a "transaction" subject to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act"); I agree to conduct this transaction by electronic means pursuant to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act"); I understand that an electronic signature has the same legal effect and can be enforced in the same way as a written signature; AND I intend to electronically sign and submit the PCN form. Full Name: Deborah E. Shirley Signature Date 11/29/2022 PCN Attachments 1. AGENT AUTHORIZATION 2. USGS TOPO VICINITY MAP 3. NRCS COUNTY SOIL SURVEY VICINITY MAP 4. USACE JURISDICTIONAL DETERMINATION (PJD/AJD/CONCURRENCE EMAIL) 5. S&EC WETLAND SKETCH MAP 6. NCDWR BUFFER DETERMINATION LETTER 7. S&EC THREATENED & ENDANGERED SPECIES REPORT 8. USFWS CONCURRENCE EMAIL 9. SHPO RESPONSE LETTER 10. EXISTING CONDITIONS & PROPOSED CONDITIONS MAPS 11. IMPACT EXHIBITS 12. POST -CONSTRUCTION DRAINAGE AREA MAP Soil & Environmental Consultants, PA 8412 Falls of Neuse Road, Suite 104, Raleigh, NC 27615 • Phone: (919) 846-5900 • Fax: (919) 846-9467 sandec.com AGENT AUTHORIZATION Project Name/Description: Buffaloe Road Apartments S&EC Project # 15231 Date: 11/07/22 The Department of the Army U.S. Army Corps of Engineers, Wilmington District 69 Darlington Avenue Wilmington, NC 28403 Attn: Lyle Phillips Field Office: Raleigh Regulatory Field Office I, the undersigned, authorizes S&EC, as my agent, to act on my behalf and take all actions necessary for the processing, issuance and acceptance of a permit or certification and any and all associated standard and special conditions. This notification supersedes any previous correspondence concerning the agent for this project. PARCEL INFORMATION: Parcel Index Number(s) (PIN): 1746-21-6945 Site Address: Buffaloe and Forestville Road 7300 Buffaloe Rd City, County, State: Raleigh, Wake County, NC 27604 APPLICANT INFORMATION: Name: Zach Spencer Mailing Address: 555 Fayetteville Street, Suite 300, Raleigh, NC 27601 Telephone Number: 919 - 616 - 8241 Email: zach.spencer@greystar.com Zach Spencer Applicant (please print) Date 11/07/22 A plicant ighature We hereby certify the above information submitted in this application is true and accurate to the best of our knowledge, Project Number: 15231.W1 Project Manager: SB Scale: Date: 1" = 1000' 04/11/2022 Map Title: Figure 1 - USGS Southwood Fernandina LLC Knightdale, NC Source: 2019 USGS Raleigh East Quad SH/RE,DF CHANNERYWAY t ` ' \\ -BLACKARD ( (.7 • Center for GeograPplo Information & Analysis- N 0 1,000 2,000 A1 1 1 1 1 1 1 1 1 S& EC Feet Soil & Environmental Consultants, PA 8412 Falls of Nense Road. Suite 104. Raleigh. NC 27615 • Phone: (919) 846-5900 • Fax: (919) 846-9467 sandcc co,„ Project Number: 15231.W1 Project Manager: SB Scale: 1"=500' Date: 04/11/2022 LoB Wm E32 Map Title: Figure 2 - Soil Survey Southwood Fernandina LLC Knightdale, NC sourWake County Soil Survey Sheet 40 & 41 0 W mu 2 Vat2 \,_/ LwC LoD f OO f v r NC Center fot- deogiaphq Informartion & Anraly' N 1 I I I 1 I I I 1A S& EC 500 1,000 Feet Soil & Environmental Consultants, PA 8412 Falls of Meuse Road, Suite 104, Raleigh, NC 27615 • Phone: (919) 846-5900 • Fax: (919) 846,9467 sandeo.com Deborah Shirley From: Phillips, George L CIV USARMY CESAW (USA) <George.L.Phillips@usace.army.mil> Sent: Wednesday, September 21, 2022 8:04 AM To: Kevin Murphrey Subject: Southwood Fernandina LLC / Knightdale / Wake County / SAW-2022-01170 / JD Request Attachments: Wetland Sketch Map.pdf Dear Kevin, Reference is made to ORM ID SAW-2022-01170, please reference this number on any correspondence regarding this action. On 05/23/2022, 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 Evaluation Area. The location and extent of these aquatic resources are shown on the delineation map, labeled Wetland Sketch Map. Regulatory Guidance Letter (RGL) 16-01 https://usace.contentdm.ocic.org/utils/getfile/collection/p16021co119/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. If you wish to receive a Preliminary Jurisdictional Determination (PJD), or an Approved Jurisdictional Determination (AJD) please respond accordingly, otherwise nothing further is required and we will not provide any additional documentation. 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. Lyle Phillips Regulatory Specialist US Army Corps of Engineers CE-SAW-RG-R 3331 Heritage Trade Drive, Suite 105 Wake Forest, North Carolina 27587 Phone: (919) 554-4884, Ext. 25. 1 Fax: (919) 562-0421 Email: George.L.Phillips@usace.army.mil We would appreciate your feedback on how we are performing our duties. Our automated Customer Service Survey is located at https://regulatory.ops.usace.army.mil/customer-service-survey/ . Thank you for taking the time to visit this site and complete the survey. 2 4•% l \ /��. 1j j /(Il'. .7`\la c %J).rf i[://�%//��i�'rf/r-' ♦ I J1/4 n i r/. , /P j. r t err,I//a rT r.. .11 V , 11 a ///// r. ,/,./• /^/' —, (� /,\�,e ` 1 11 ', 1 l %uu1>S 1 1 1 i a W i♦ \J (,.‘do \ `n \ \`\` \� t t`•♦ •w (`J ! : ♦) 11 j . 10B tt PL • ., 1 \ I \ �\ \ / e / �� / "I t_ \ • �` �^ .` u♦ \\ -�,�� . / /^ • �.— Rr , { 1 t r .�.� _ D P 1 wet .� <� \� � � > ♦\\ ♦ ,ems &13r .4 09AttPL\\ \ \ti! ---- \ ♦ ,�\_ \ \ y,\I1 4r ^ t ; el\```��`` �,\fi; ; `; r�—�,.—/'^` ,ti; a/ N. `\t\\`� 1 1�1;��1 c �/ lj /—tr O 1 1 1/ \t `� l �♦ I 1 ��` `^...��.nii 1 1 l\I\ `^\ •l. 1j ' % r \♦♦..'�!♦``\1` 1 i 1\\ J .....`._ ♦♦_ y--../ t �J /r J J/1 t 1) '1� ♦. 111 / \♦t\1. \\\\♦ \ Ns. "� r //r//1 / \ � \ti 1/ 1 1 ) \ • NJ '\ \ , . \\ \ \ \ \ \ 1 l —�` ! j / / / / 1 f ) 1'a i • )) `/a I I \1 i . II • \ N.• l \ i ‘‘N., n r i—\ `'•.: ` ♦ `♦ , rl'• / / 11./ p t i r', 1 f ! '7i 1 \t 01 A tt 01 B / \• \ ^!' O'^,./ 1 /1 / s 1 / lrr DP2_up..\\ (I1ii,) IJ 5' t.\\t - / / // ^-- .�-•_•r I, I t i .% ,` /" r I/ I r 11 1 \ 'v l�r' i ) i it 1. ............................ :r/ 1, ^^��r1 1 \ `�„I< (l 1 1 / I i / t-. ,`♦♦` -- j i tr fi ) / f . .. / ) , ♦. A, )) I f {a 1 1 t / Ir.♦/ ..1 \•—f� Y r ` ♦ ,, . \ P 1 1 / l / / I \‘.../ 6 j \\ i \ `1 //I)/l / I I 11 �..... { / !1 + Legend 61 Evaluation Area Potentially Jurisdictional Wetland 2' Wake County Contours /0 \ it‘ (11 1 1 ( \ .. 11 ~ � � -1� 1/.. • / 1 �t\�1 1 j 11 f1'�♦s l 1 1 ) \,� •e 1 _ ; Ir C, mot♦ \`.r1 11l I •�� ♦\ rr ` �,.� • / ll\♦a Isa 1♦ NO. / 1 I / t ! 1 t l ,. `Le / ) / J J \ III III—J" / , / / .� \ f // 1 1 / 11 . / i 1 rur —j lull \ �. �� �� III S,—. t ♦ —�• + .� •` \ram^ 1 / / ( fJJ l ''1 I ..�``-... t' ♦_ c k r?r ‘`d.' 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Approximations were mapped using topographic maps, air photos and ground truthing. If the site is going to be disturbed, S8 EC's detailed delineation should be approved and permitted by the U.S. Army Corps of Engineers as required. If the user of this work desires an accurate map of the regulated features flagged by S8 EC, they should retain a NC Registered Professional Land Surveyor to locate S8 EC's flagging. 1II It1l . (e.//�1rl // 1 1 \ 1\ / \t/--% / 1 { / f / v•..-. : i.—a,rmNimMmnnw�l! r t /' /♦1 N. t♦\•'ter /lam) \`\-./ J� t/ Center for InIt `�_ Q � Lu 1 /h co Lu Geographic Information & Analysis Project Number: 15231.W1 Project Manager: SB Scale: 1"=250' Date: 04/26/2022 Map Title: Wetland Sketch Map Southwood Fernandina LLC Knightdale, NC Source: 2019 NC One Map Aerial 0 250 500 Feet Soil & Environmental Consultants, PA 8412 Fall, o(N,an R.ad. Sun, 104. Rah igh NC 28615 • Jt nw:,919: SJ659W • hoc. (9191 ✓ 46-9461 ulna.: corn DocuSign Envelope ID: B97B1A29-1050-476D-AA7F-482CBDB67F67 ROY COOPER Governor ELIZABETH S. BISER Secretary RICHARD E. ROGERS, JR. Director Southwood Fernandina LLC PO Box 280 Gastonia, NC 28053 NORTH CAROLINA Environmental Quality June 23, 2022 Subject: Buffer Determination Letter NBRRO #22-177 Wake County Determination Type: Buffer Intermittent/Perennial ❑ Intermittent/Perennial Determination (where local buffer ordinances apply) 0 Neuse (15A NCAC 2B .0714) ❑ Tar -Pamlico (15A NCAC 2B .0734) ❑ Jordan (15A NCAC 2B .0267) (governmental and/or interjurisdictional projects) Project Name Address/Location Stream(s): Greystar/Southwood Fernandina LLC Site 7306 Buffalo Road, Raleigh, NC UT to Neuse River Determination Date: June 22, 2022 Staff: Stephanie Goss Feature E/I/P (i) Not Subject ( Subject Start @ StopSoil @ Survey USGS Topo A NP X X X B NP X X (1) E = Ephemeral, I = Intermittent, P = Perennial, NP = Not Present, N/A=Not Applicable (2) Refers to State riparian buffer rules only. Stream, wetland, or pond impacts are still subject to applicable water quality standards and permitting requirements. Explanation: The stream(s) listed above been located on the most recent published NRCS Soil Survey of Wake County, North Carolina and/or the most recent copy of the USGS Topographic map at a 1:24,000 scale. Each stream that is checked "Not Subject" has been determined to not be at least intermittent or is not present. Streams that are checked "Subject" have been located on the property and possess characteristics that qualify it to be at least an intermittent stream. There may be other streams located on the property that do not show up on the maps referenced above but may be considered jurisdictional according to the US Army Corps of Engineers. �D_E NORTH CAROLINA Department of Environmental Quality North Carolina Department of Environmental Quality I Division of Water Resources Raleigh Regional Office I 3800 Barrett Drive I Raleigh, North Carolina 27609 919.791.4200 DocuSign Envelope ID: B97B1A29-1050-476D-AA7F-482CBDB67F67 xy -tar/Southwood Fernandina LLC Site Wake County Page 12 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) days of date of this letter. A request for a determination by the Director shall be referred to the Director in writing. If sending via US Postal Service: clo Paul Wojoski; DWR — 401 & Buffer Permitting Unit; 1617 Mail Service Center; Raleigh, NC 27699-1617. If sending via delivery service (UPS, FedEx, etc.): Paul Wojoski; DWR — 401 & Buffer Permitting Unit; 512 N. Salisbury Street; Raleigh, NC 27604. This determination is final and binding unless, as detailed above, unless an appeal is requested within sixty (60) days. This project may require a Section 404/401 Permit for the proposed activity. Any inquiries should be directed to the US Army Corp of Engineers (Raleigh Regulatory Field Office) at (919)-554-4884. If you have questions regarding this determination, please feel free to contact Stephanie Goss at (919) 791-4256. Sincerely, �DocuSigned by: Scoff Vil tS t, BCDA9D825D4A46D... Scott Vinson, Regional Supervisor Water Quality Regional Operations Section Raleigh Regional Office Division of Water Resources, NCDEQ cc: RRO DWR File Copy/Laserfiche Steven Ball, Soil & Environmental Consultants, PA (via email) D_E NORTH CAROLINA Department of Environmental Quality North Carolina Department of Environmental Quality I Division of Water Resources 512 North Salisbury Street 11611 Mail Service Center I Raleigh, North Carolina 27699-1611 919.707.9000 i uSign Envelope ID: B97B1A29-1050-476D-AA7F-482CBDB67F67 Project Number: 15231.W1 Project Manager: SB 04/11/2022 Map Title: Figure 1 - USGS Southwood Fernandina LLC Knightdale, NC Source: 2019 USGS Raleigh East Quad SH/RE,DF Ncs• NC Center r Geograpk,ic Information & Aysis 0 1,000 I I I I Feet Soil & Environmental Consultants, PA 8412 Falls of Nense Road, Suite 104, Raleigh. NC 27615 • Phone: (919) 846-5900 • Fax: (919) 846-946 sandcc co,„ in• 97B1A291050476DA7F482C67671—,,,u.Iy11 l9CIl/NC B- - -A-BDB LW x) LwB2 y.. en /,' VaB2 v v • c`ti Project Number: 15231.W1 Project Manager: SB Scale: 1"=500' Date: 04/11/2022 WRIB 2 Map Title: Figure 2 - Soil Survey Southwood Fernandina LLC Knightdale, NC sourWake County Soil Survey Sheet 40 & 41 0 W ili G 2 Vat2 LwC Oer NC Center fot- Geogiaphk Information & Ayaly'Iis 500 1,000 1 I I I 1 I I I 1 S& EC Feet Soil & Environmental Consultants, PA 8412 Falls of Meuse Road, Suite 104, Raleigh, NC 27615 • Phone: (919) 846-5900 • Fax: (919) 846,9467 sandeo.com S& EC Soil & Environmental Consultants, PA 8412 Falls of Neuse Road, Suite 104, Raleigh, NC 27615 • Phone: (919) 846-5900 • Fax: (919) 846-9467 sandec.com To: U.S. Fish and Wildlife Service Raleigh Field Office P.O. Box 33726 Raleigh, NC 27636-3726 May 24, 2022 S&EC Project No: 15231.W7 Re: Online Project Review Request, Southwood Fernandina LLC Site, Knightdale — Wake County, North Carolina We have reviewed the referenced project using the USFWS North Carolina Field Office's online project review process and have followed all guidance and instructions in completing the review. We completed our review May 24, 2022 and are submitting our project review package in accordance with the instructions for further review. Our proposed action consists of: A planned residential development. The location of the project and the action area are identified on the enclosed maps. Southwood Fernandina LLC site (2,142,382.964, 762,227.262). The site is located at 0 Buffalo Rd, Knightdale -Wake County, North Carolina. Construction will commence following the anticipated Section 404 & 401 Approvals and should be completed by the Nationwide Permit Expiration date of March 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@sandec.com Sincerely, SOIL & ENVIRONMENTAL CONSULTANTS, PA Mason Montgomery Environmental Scientist, Wetlands Department Enclosures: 1. Project Request Review Package 2. S&EC T&E Species Report 3. Vicinity Maps 4. S&EC Photo Report 5. Overall Site Plan 6. FWS Official Species List 7. NHP Report 8. FWS Species Conclusion Table 9. FWS Self -Certification Letter S& EC Soil & Environmental Consultants, PA 8412 Falls of Neuse Road, Suite 104, Raleigh, NC 27615 • Phone: (919) 846-5900 • Fax: (919) 846-9467 sandec.com May 24, 2022 S&EC Project No.: 15231. W7 To: Greystar Development East, LLC Attn: William Barrett 555 Fayetteville Street, Suite 300 Raleigh, NC 27601 Re: THREATENED & ENDANGERED SPECIES REPORT Southwood Fernandina LLC site (+1- 26.70 acres) 0 Buffalo Rd, Knightdale, Wake County, NC Dear Mr. Barrett: On May 3, 2022, Soil & Environmental Consultants, PA (S&EC) evaluated the Southwood Fernandina LLC shown on the attached maps for potential endangered species. The property is located at Buffalo Road in Wake County, NC. Surface waters on -site flow into Neuse River in the Neuse River Basin, which has been classified in the "Classification and NC DWQ Standards Applicable to Surface Waters and Wetlands of North Carolina" as C; NSW. We obtained the attached automatically generated official species list from the U.S. Fish & Wildlife Service (FWS) and N.C. Natural Heritage Program (NHP) report identifying the protected species on or within one mile of the project area that could potentially be affected by the project. These FWS & NHP reports were updated as of the date of this report. The official species list is valid for 90 days. We conducted site assessments to identify potential suitable habitat and preliminary surveys for the individual species listed on the official species list. This included assessing the physical characteristics of the streams, identifying forest types, and looking for evidence of the listed species on -site. This survey did not include any detailed sampling or netting. The results of the search are discussed below. Southwood Fernandina LLC site - S&EC Threatened & Endangered Species Report Page 1 of 6 May 24, 2022 S&EC Project #15231.W7 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), Threatened • Carolina Madtom (Noturus furiosus), Endangered • Atlantic Pigtoe (Fusconaia masoni), Threatened • Dwarf Wedgemussel (Alasmidonta heterodon), Endangered • Monarch Butterfly (Danaus plexippus), Candidate • Michaux's Sumac (Rhus michauxii), Endangered Of the species identified on the official species list, the NHP report did identify a Federally endangered species within one mile of the project area. This historical occurrence is for the Carolina Madtom and it's from 1902. Other State listed species were found within the project area as listed in the attached NHP report. The NHP report one natural area and ten managed areas within the project area or within one mile of the project area. These are listed out in the attached NHP Report. RED -COCKADED WOODPECKER (Picoides borealis): S&EC personnel conducted preliminary surveys of suitable habitat (foraging and cavity trees) and individual Red -cockaded Woodpeckers (RCWs) within the project area. We found no individual RCWs within the project area. The NHP report did not list any known elemental occurrence within the project area or within 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 lewisi): S&EC personnel conducted preliminary surveys of the streams on -site 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 Southwood Fernandina LLC site - S&EC Threatened & Endangered Species Report Page 2 of 6 May 24, 2022 S&EC Project #15231.W7 pools. While we did not specifically sample for the species, we also did not find any evidence of the species while conducting our preliminary surveys of the streams for potential suitable habitat. Our preliminary survey concluded that potential suitable habitat does not exist due to the lack of streams on property. 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 on -site for potential suitable habitat for the Carolina Madtom. The NHP report did list a historical elemental occurrence within one mile of the site from 1902. 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 due to the lack of streams on property. Due to these observations, we have concluded that the project would have "No effect" on the Carolina Madtom. ATLANTIC PIGTOE (Fusconaia masoni): S&EC personnel conducted preliminary surveys of the streams on -site 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. Southwood Fernandina LLC site - S&EC Threatened & Endangered Species Report Page 3 of 6 May 24, 2022 S&EC Project #15231.W7 Our preliminary survey concluded that potential suitable habitat does not exist due to the lack of streams on property. Due to these observations, we have concluded that the project would have "No effect" on the Atlantic Pigtoe. DWARF WEDGEMUSSEL (Alasmidonta heterodon): S&EC personnel conducted preliminary surveys of the streams on -site for potential suitable habitat for the Dwarf Wedgemussel (Note: This did not include a detailed aquatic mussel survey for the presence of mussels). The NHP report did not list any known elemental occurrence within the project area or within one mile of the site. The Dwarf Wedgemussel has little to no preference for stream size, flow condition or bed material. Based on guidance from the USFWS staff, only 2nd order and larger perennial streams are considered suitable habitat. While we did not conduct detailed mussel surveys, no mussels (of any species) were observed during the preliminary suitable habitat survey. Our preliminary survey concluded that potential suitable habitat does not exist due to the lack of streams on property. Due to these observations, we have concluded that the project would have "No effect" on the Dwarf Wedgemussel. MONARCH BUTTERFLY (Danaus plexippus): The Monarch Butterfly is currently listed as a candidate species, and not yet listed or proposed for listing as threatened or endangered. Due to the current status of Monarch Butterfly, consultation with USFWS under section 7 of the Endangered Species Act is not required. USFWS typically recommend conserving pollinator habitat where practicable. MICHAUX'S SUMAC (Rhus michauxii): S&EC personnel conducted preliminary surveys of suitable habitat within the project area. We visited a known population of Michaux's sumac within Wake County prior to conducting our preliminary surveys. We found no individual Michaux's Sumac species within the project area. The NHP report did not list any known elemental occurrence within the project area. We found suitable habitat within the project areas to include primarily disturbed open areas along field edges, roads, and paths. Other sumac species identified on -site included Winged sumac (Rhus copallinum). Given the lack of species Southwood Fernandina LLC site - S&EC Threatened & Endangered Species Report Page 4 of 6 May 24, 2022 S&EC Project #15231.W7 present within the areas believed to suitable habitat, we concluded that the project would have "No effect" on Michaux's sumac. BALD EAGLE (Haliaeetus leucocephalus): S&EC personnel conducted preliminary surveys of suitable habitat, nesting sites, and individual Bald Eagles within the project area. During our survey, we found no evidence of Bald Eagles or any nesting sites within the project area. The NHP report did not identify any known nests on -site 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. NORTHERN LONG-EARED BAT (Mvotis 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. Southwood Fernandina LLC site - S&EC Threatened & Endangered Species Report Page 5 of 6 May 24, 2022 S&EC Project #15231.W7 Sincerely, SOIL AND ENVIRONMENTAL CONSULTANTS, PA 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. April 13, 2022. 7. NHP Report: April 13, 2022. 8. S&EC — FWS Species Conclusion Table. May 24, 2022. 9. S&EC — FWS Self -Certification Letter. May 24, 2022. References: -North Carolina Natural Heritage Program. 2017. Biotics Database. Department of Environment and Natural Resources, Raleigh, North Carolina. -US Fish and Wildlife Service. Information for Planning and Consultation (IPaC) & Raleigh Ecological Services Field Office Online Project Reviews website. -U. S. Fish and Wildlife Service. 2021. Species status assessment report for the Atlantic Pigtoe (Fusconaia masoni). Version 1.2. December 2021. Atlanta, GA. -U.S. Fish and Wildlife Service. 1993. Michaux's Sumac Recovery Plan. Atlanta, Georgia: U.S. Fish and Wildlife Service. 3Opp. - 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. 2021. Carolina Madtom. Species Profile. https://wwwfws.gov/southeast/wildlife/fishes/Carolina-madtom/. - U.S. Fish and Wildlife Service/ Southeast Region. 2021. Neuse River Waterdoge. Species Profile. https //www.fws.gov/southeast/wildlife/amphibians/neuse-river-waterdog/ Southwood Fernandina LLC site - S&EC Threatened & Endangered Species Report Page 6 of 6 Project Number: 15231.W7 Project Manager: MM Scale: Date: 1" = 1000' 05/24/2022 i j/ LANPOVER LN Map Title: USGS Map Southwood Fernandina LLC Knightdale, NC Source: 2019 USGS Raleigh East Quad H1RE,DF CHANNERYMWAY 11 r BLACKARD ( (.7 • NC Center for GeA:rapk,ic Information & Analysis- N 0 1,000 2,000 A1 1 1 1 1 1 1 1 1 S& EC Feet Soil & Environmental Consultants, PA 8412 Falls of Nense Road. Suite 104. Raleigh. NC 27615 • Phone: (919) 846-5900 • Fax: (919) 846-9467 sandcc co,„ LwB2 LwC2 Project Number: 15231.W7 Project Manager: MM Scale: 1"=500' Date: 05/24/2022 LoB Wm B2 Map Title: Soil Survey Map Southwood Fernandina LLC Knightdale, NC sourWake County Soil Survey Sheet 40 & 41 0 kiv 2 Vat2 LwC LoD f OO f v r NC Center fot- deogiaphq Informartion & Anraly' N 1 I I I 1 I I I 1A S& EC 500 1,000 Feet Soil & Environmental Consultants, PA 8412 Falls of Meuse Road, Suite 104, Raleigh, NC 27615 • Phone: (919) 846-5900 • Fax: (919) 846,9467 sandeo.com Photo 3 Photo 1 Legend Evaluation Area 3 Potentially Jurisdictional Wetland Photo 4 Photo 5 Photo 6 Project Number: 15231.W7 Project Manager: MM Scale: 1" = 250' Date: 05/24/2022 Map Title: Aerial Photo Map Southwood Fernandina LLC Knightdale, NC Source: 2019 NC One Map Aerial 0 N 250 500 1 1 1 1 1 1 Feet Soil & Environmental Consultants, PA 8412 Nulls of N4wc Road, Suita 104, Raleigh, NC 27615 • Nam, (919) 846-5900 • Fax, (919) 846-946 ssmdeacom Job #: 15231.W7 May 24, 2022 Threatened and Endangered Species Photo Report for the Southwood Fernandina LLC Site Photo 1: Field edge Photo 2: Field edge 1 Job #: 15231.W7 May 24, 2022 Photo 3: Winged sumac Photo 4: Old path 2 Job # 15231 W7 May 24, 2022 Photo 5: Field edge Photo 6: 3 GRFXSTAW BUFFALOE RD RALEIGH / NC The information in this document Is the intellectual property of Progressive AE. Itis intended solely for use by the Individual owner. Reproduction of any porton ofthls document tor any purpose Is stdctlyprohibited Land Plan ILP-1 94030002 104/27/2022 Progressive ae 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: Project Code: 2022-0031615 Project Name: Southwood Fernandina LLC Site April 13, 2022 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 enclosed species list 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.). If your project area contains suitable habitat for any of the federally -listed species on this species list, the proposed action has the potential to adversely affect those species. If suitable habitat is present, surveys should be conducted to determine the species' presence or absence within the project area. The use of this species list and/or North Carolina Natural Heritage program data should not be substituted for actual field surveys. 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. The purpose of the Act is to provide a means whereby threatened and endangered species and the ecosystems upon which they depend may be conserved. Under sections 7(a)(1) and 7(a)(2) of the Act and its implementing regulations (50 CFR 402 et seq.), Federal agencies are required to utilize their authorities to carry out programs for the conservation of threatened and endangered 04/13/2022 2 species and to determine whether projects may affect threatened and endangered species and/or designated critical habitat. A Biological Assessment is required for construction projects (or other undertakings having similar physical impacts) that are major Federal actions significantly affecting the quality of the human environment as defined in the National Environmental Policy Act (42 U.S.C. 4332(2) (c)). For projects other than major construction activities, the Service suggests that a biological evaluation similar to a Biological Assessment be prepared to determine whether the project may affect listed or proposed species and/or designated or proposed critical habitat. Recommended contents of a Biological Assessment are described at 50 CFR 402.12. If a Federal agency determines, based on the Biological Assessment or biological evaluation, that listed species and/or designated critical habitat may be affected by the proposed project, the agency is required to consult with the Service pursuant to 50 CFR 402. In addition, the Service recommends that candidate species, proposed species and proposed critical habitat be addressed within the consultation. More information on the regulations and procedures for section 7 consultation, including the role of permit or license applicants, can be found in the "Endangered Species Consultation Handbook" at: http://www.fws.gov/endangered/esa-library/pdf/TOC-GLOS.PDF Migratory Birds: In addition to responsibilities to protect threatened and endangered species under the Endangered Species Act (ESA), there are additional responsibilities under the Migratory Bird Treaty Act (MBTA) and the Bald and Golden Eagle Protection Act (BGEPA) to protect native birds from project -related impacts. Any activity, intentional or unintentional, resulting in take of migratory birds, including eagles, is prohibited unless otherwise permitted by the U.S. Fish and Wildlife Service (50 C.F.R. Sec. 10.12 and 16 U.S.C. Sec. 668(a)). For more information regarding these Acts see https://www.fws.gov/birds/policies-and-regulations.php. The MBTA has no provision for allowing take of migratory birds that may be unintentionally killed or injured by otherwise lawful activities. It is the responsibility of the project proponent to comply with these Acts by identifying potential impacts to migratory birds and eagles within applicable NEPA documents (when there is a federal nexus) or a Bird/Eagle Conservation Plan (when there is no federal nexus). Proponents should implement conservation measures to avoid or minimize the production of project -related stressors or minimize the exposure of birds and their resources to the project -related stressors. For more information on avian stressors and recommended conservation measures see https://www.fws.gov/birds/bird-enthusiasts/threats-to- birds.php. In addition to MBTA and BGEPA, Executive Order 13186: Responsibilities of Federal Agencies to Protect Migratory Birds, obligates all Federal agencies that engage in or authorize activities that might affect migratory birds, to minimize those effects and encourage conservation measures that will improve bird populations. Executive Order 13186 provides for the protection of both migratory birds and migratory bird habitat. For information regarding the implementation of Executive Order 13186, please visit https://www.fws.gov/birds/policies-and-regulations/ executive-orders/e0-13186.php. 04/13/2022 3 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 Code in the header of this letter with any request for consultation or correspondence about your project that you submit to our office. Attachment(s): • Official Species List • Migratory Birds 04/13/2022 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 04/13/2022 Project Summary Project Code: 2022-0031615 Event Code: None Project Name: Southwood Fernandina LLC Site Project Type: Residential Construction Project Description: This project is located in Wake County, NC and is approximately 26.7 acres. Project Location: Approximate location of the project can be viewed in Google Maps: https:// www.google.com/maps/@35.8432929,-78.51916100190437,14z Lil LirrlsNcc I :� Counties: Wake County, North Carolina 04/13/2022 Endangered Species Act Species There is a total of 7 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 STATUS Threatened Fishes NAME STATUS Carolina Madtom Noturus furiosus Endangered 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 04/13/2022 4 Clams NAME STATUS Atlantic Pigtoe Fusconaia masoni 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/5164 Dwarf Wedgemussel Alasmidonta heterodon No critical habitat has been designated for this species. Species profile: https://ecos.fws.gov/ecp/species/784 Threatened Endangered Insects NAME STATUS Monarch Butterfly Danaus plexippus Candidate No critical habitat has been designated for this species. Species profile: https://ecos.fws.gov/ecp/species/9743 Flowering Plants NAME STATUS Michaux's Sumac Rhus michauxii Endangered No critical habitat has been designated for this species. Species profile: https://ecos.fws.gov/ecp/species/5217 Critical habitats THERE ARE NO CRITICAL HABITATS WITHIN YOUR PROJECT AREA UNDER THIS OFFICE'S JURISDICTION. 04/13/2022 1 Migratory Birds Certain birds are protected under the Migratory Bird Treaty Actl and the Bald and Golden Eagle Protection Act2. Any person or organization who plans or conducts activities that may result in impacts to migratory birds, eagles, and their habitats should follow appropriate regulations and consider implementing appropriate conservation measures, as described below. 1. The Migratory Birds Treaty Act of 1918. 2. The Bald and Golden Eagle Protection Act of 1940. 3. 50 C.F.R. Sec. 10.12 and 16 U.S.C. Sec. 668(a) The birds listed below are birds of particular concern either because they occur on the USFWS Birds of Conservation Concern (BCC) list or warrant special attention in your project location. To learn more about the levels of concern for birds on your list and how this list is generated, see the FAQ below. This is not a list of every bird you may find in this location, nor a guarantee that every bird on this list will be found in your project area. To see exact locations of where birders and the general public have sighted birds in and around your project area, visit the E-bird data mapping tool (Tip: enter your location, desired date range and a species on your list). For projects that occur off the Atlantic Coast, additional maps and models detailing the relative occurrence and abundance of bird species on your list are available. Links to additional information about Atlantic Coast birds, and other important information about your migratory bird list, including how to properly interpret and use your migratory bird report, can be found below. For guidance on when to schedule activities or implement avoidance and minimization measures to reduce impacts to migratory birds on your list, click on the PROBABILITY OF PRESENCE SUMMARY at the top of your list to see when these birds are most likely to be present and breeding in your project area. NAME Bald Eagle Haliaeetus leucocephalus This is not a Bird of Conservation Concern (BCC) in this area, but warrants attention because of the Eagle Act or for potential susceptibilities in offshore areas from certain types of development or activities. https://ecos.fws.gov/ecp/species/1626 Black -billed Cuckoo Coccyzus erythropthalmus This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska. https://ecos.fws.gov/ecp/species/9399 BREEDING SEASON Breeds Sep 1 to Jul 31 Breeds May 15 to Oct 10 04/13/2022 2 NAME Prairie Warbler Dendroica discolor This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska. Prothonotary Warbler Protonotaria citrea This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska. Red-headed Woodpecker Melanerpes erythrocephalus This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska. Rusty Blackbird Euphagus carolinus This is a Bird of Conservation Concern (BCC) only in particular Bird Conservation Regions (BCRs) in the continental USA Wood Thrush Hylocichla mustelina BREEDING SEASON Breeds May 1 to Jul 31 Breeds Apr 1 to Jul 31 Breeds May 10 to Sep 10 Breeds elsewhere Breeds May 10 This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA to Aug 31 and Alaska. Probability Of Presence Summary The graphs below provide our best understanding of when birds of concern are most likely to be present in your project area. This information can be used to tailor and schedule your project activities to avoid or minimize impacts to birds. Please make sure you read and understand the FAQ "Proper Interpretation and Use of Your Migratory Bird Report" before using or attempting to interpret this report. Probability of Presence (■) Each green bar represents the bird's relative probability of presence in the 10km grid cell(s) your project overlaps during a particular week of the year. (A year is represented as 12 4-week months.) A taller bar indicates a higher probability of species presence. The survey effort (see below) can be used to establish a level of confidence in the presence score. One can have higher confidence in the presence score if the corresponding survey effort is also high. How is the probability of presence score calculated? The calculation is done in three steps: 1. The probability of presence for each week is calculated as the number of survey events in the week where the species was detected divided by the total number of survey events for that week. For example, if in week 12 there were 20 survey events and the Spotted Towhee was found in 5 of them, the probability of presence of the Spotted Towhee in week 12 is 0.25. 2. To properly present the pattern of presence across the year, the relative probability of presence is calculated. This is the probability of presence divided by the maximum probability of presence across all weeks. For example, imagine the probability of presence in week 20 for the Spotted Towhee is 0.05, and that the probability of presence at week 12 04/13/2022 3 (0.25) is the maximum of any week of the year. The relative probability of presence on week 12 is 0.25/0.25 = 1; at week 20 it is 0.05/0.25 = 0.2. 3. The relative probability of presence calculated in the previous step undergoes a statistical conversion so that all possible values fall between 0 and 10, inclusive. This is the probability of presence score. Breeding Season ( ) Yellow bars denote a very liberal estimate of the time -frame inside which the bird breeds across its entire range. If there are no yellow bars shown for a bird, it does not breed in your project area. Survey Effort (I) Vertical black lines superimposed on probability of presence bars indicate the number of surveys performed for that species in the 10km grid cell(s) your project area overlaps. The number of surveys is expressed as a range, for example, 33 to 64 surveys. No Data (—) A week is marked as having no data if there were no survey events for that week. Survey Timeframe Surveys from only the last 10 years are used in order to ensure delivery of currently relevant information. The exception to this is areas off the Atlantic coast, where bird returns are based on all years of available data, since data in these areas is currently much more sparse. SPECIES Bald Eagle Non -BCC Vulnerable Black -billed Cuckoo BCC Rangewide (CON) Prairie Warbler BCC Rangewide (CON) Prothonotary Warbler BCC Rangewide (CON) Red-headed Woodpecker BCC Rangewide (CON) iii0 11111111 1111 1111 MEIN 11111111 probability of presence breeding season 1 survey effort — no data JAN FEB MAR APR MAY JUN JUL AUG SEP NHL ++++ +III +Alb OCT NOV DEC n-- 04/13/2022 4 Rusty Blackbird BCC - BCR Wood Thrush BCC Rangewide (CON) +-++'+++ Additional information can be found using the following links: • Birds of Conservation Concern https://www.fws.gov/program/migratory-birds/species • Measures for avoiding and minimizing impacts to birds https://www.fws.gov/library/ collections/avoiding-and-minimizing-incidental-take-migratory-birds • Nationwide conservation measures for birds https://www.fws.gov/sites/default/files/ documents/nationwide-standard-conservation-measures.pdf Migratory Birds FAQ Tell me more about conservation measures I can implement to avoid or minimize impacts to migratory birds. Nationwide Conservation Measures describes measures that can help avoid and minimize impacts to all birds at any location year round. Implementation of these measures is particularly important when birds are most likely to occur in the project area. When birds may be breeding in the area, identifying the locations of any active nests and avoiding their destruction is a very helpful impact minimization measure. To see when birds are most likely to occur and be breeding in your project area, view the Probability of Presence Summary. Additional measures or permits may be advisable depending on the type of activity you are conducting and the type of infrastructure or bird species present on your project site. What does IPaC use to generate the migratory birds potentially occurring in my specified location? The Migratory Bird Resource List is comprised of USFWS Birds of Conservation Concern (BCC) and other species that may warrant special attention in your project location. The migratory bird list generated for your project is derived from data provided by the Avian Knowledge Network (AKN). The AKN data is based on a growing collection of survey, banding, and citizen science datasets and is queried and filtered to return a list of those birds reported as occurring in the 10km grid cell(s) which your project intersects, and that have been identified as warranting special attention because they are a BCC species in that area, an eagle (Eagle Act requirements may apply), or a species that has a particular vulnerability to offshore activities or development. Again, the Migratory Bird Resource list includes only a subset of birds that may occur in your project area. It is not representative of all birds that may occur in your project area. To get a list of all birds potentially present in your project area, please visit the AKN Phenology Tool. What does IPaC use to generate the probability of presence graphs for the migratory birds potentially occurring in my specified location? 04/13/2022 5 The probability of presence graphs associated with your migratory bird list are based on data provided by the Avian Knowledge Network (AKN). This data is derived from a growing collection of survey, banding, and citizen science datasets . Probability of presence data is continuously being updated as new and better information becomes available. To learn more about how the probability of presence graphs are produced and how to interpret them, go the Probability of Presence Summary and then click on the "Tell me about these graphs" link. How do I know if a bird is breeding, wintering, migrating or present year-round in my project area? To see what part of a particular bird's range your project area falls within (i.e. breeding, wintering, migrating or year-round), you may refer to the following resources: The Cornell Lab of Ornithology All About Birds Bird Guide, or (if you are unsuccessful in locating the bird of interest there), the Cornell Lab of Ornithology Neotropical Birds guide. If a bird on your migratory bird species list has a breeding season associated with it, if that bird does occur in your project area, there may be nests present at some point within the timeframe specified. If "Breeds elsewhere" is indicated, then the bird likely does not breed in your project area. What are the levels of concern for migratory birds? Migratory birds delivered through IPaC fall into the following distinct categories of concern: 1. "BCC Rangewide" birds are Birds of Conservation Concern (BCC) that are of concern throughout their range anywhere within the USA (including Hawaii, the Pacific Islands, Puerto Rico, and the Virgin Islands); 2. "BCC - BCR" birds are BCCs that are of concern only in particular Bird Conservation Regions (BCRs) in the continental USA; and 3. "Non -BCC - Vulnerable" birds are not BCC species in your project area, but appear on your list either because of the Eagle Act requirements (for eagles) or (for non -eagles) potential susceptibilities in offshore areas from certain types of development or activities (e.g. offshore energy development or longline fishing). Although it is important to try to avoid and minimize impacts to all birds, efforts should be made, in particular, to avoid and minimize impacts to the birds on this list, especially eagles and BCC species of rangewide concern. For more information on conservation measures you can implement to help avoid and minimize migratory bird impacts and requirements for eagles, please see the FAQs for these topics. Details about birds that are potentially affected by offshore projects For additional details about the relative occurrence and abundance of both individual bird species and groups of bird species within your project area off the Atlantic Coast, please visit the Northeast Ocean Data Portal. The Portal also offers data and information about other taxa besides birds that may be helpful to you in your project review. Alternately, you may download the bird model results files underlying the portal maps through the NOAA NCCOS Integrative Statistical Modeling and Predictive Mapping of Marine Bird Distributions and Abundance on the Atlantic Outer Continental Shelf project webpage. 04/13/2022 6 Bird tracking data can also provide additional details about occurrence and habitat use throughout the year, including migration. Models relying on survey data may not include this information. For additional information on marine bird tracking data, see the Diving Bird Study and the nanotag studies or contact Caleb Spiegel or Pam Loring. What if I have eagles on my list? If your project has the potential to disturb or kill eagles, you may need to obtain a permit to avoid violating the Eagle Act should such impacts occur. Proper Interpretation and Use of Your Migratory Bird Report The migratory bird list generated is not a list of all birds in your project area, only a subset of birds of priority concern. To learn more about how your list is generated, and see options for identifying what other birds may be in your project area, please see the FAQ "What does IPaC use to generate the migratory birds potentially occurring in my specified location". Please be aware this report provides the "probability of presence" of birds within the 10 km grid cell(s) that overlap your project; not your exact project footprint. On the graphs provided, please also look carefully at the survey effort (indicated by the black vertical bar) and for the existence of the "no data" indicator (a red horizontal bar). A high survey effort is the key component. If the survey effort is high, then the probability of presence score can be viewed as more dependable. In contrast, a low survey effort bar or no data bar means a lack of data and, therefore, a lack of certainty about presence of the species. This list is not perfect; it is simply a starting point for identifying what birds of concern have the potential to be in your project area, when they might be there, and if they might be breeding (which means nests might be present). The list helps you know what to look for to confirm presence, and helps guide you in knowing when to implement conservation measures to avoid or minimize potential impacts from your project activities, should presence be confirmed. To learn more about conservation measures, visit the FAQ "Tell me about conservation measures I can implement to avoid or minimize impacts to migratory birds" at the bottom of your migratory bird trust resources page. 04/13/2022 7 IPaC User Contact Information Agency: Name: Address: Address Line City: State: Zip: Email Phone: Soil & Environmental Consultants, PA Mason Montgomery 8412 Falls of Neuse Road 2: Suite 104 Raleigh NC 27615 mmontgomery@sandec.com 7047732837 Roy Cooper, Governor ■ ■■■■ ■ :I • NC DEPARTMENT OF ■ om NATURAL AND CULTURAL RESOURCES snows April 13, 2022 Robert Zarzecki Soil & Environmental Consultants, PA 8412 Falls of Neuse Road, Suite 104 Raleigh, NC 27615 RE: Southwood Fernandina LC Site; 15231 Dear Robert Zarzecki: D_ Reid Wilson, Secretary Misty Buchanan Deputy Director, Natural Heritage Program NCNHDE-17709 The North Carolina Natural Heritage Program (NCNHP) appreciates the opportunity to provide information about natural heritage resources for the project referenced above. Based on the project area mapped with your request, a query of the NCNHP database indicates that there are no records for rare species, important natural communities, natural areas, and/or conservation/managed areas within the proposed project boundary. Please note that although there may be no documentation of natural heritage elements within the project boundary, it does not imply or confirm their absence; the area may not have been surveyed. The results of this query should not be substituted for field surveys where suitable habitat exists. In the event that rare species are found within the project area, please contact the NCNHP so that we may update our records. The attached `Potential Occurrences' table summarizes rare species and natural communities that have been documented within a one -mile radius of the property boundary. The proximity of these records suggests that these natural heritage elements may potentially be present in the project area if suitable habitat exists. Tables of natural areas and conservation/managed areas within a one -mile radius of the project area, if any, are also included in this report. If a Federally -listed species is found within the project area or is indicated within a one -mile radius of the project area, the NCNHP recommends contacting the US Fish and Wildlife Service (USFWS) for guidance. Contact information for USFWS offices in North Carolina is found here: https://www.fws.gov/offices/Di rectory/ListOffices.cfm?statecode=37. Please note that natural heritage element data are maintained for the purposes of conservation planning, project review, and scientific research, and are not intended for use as the primary criteria for regulatory decisions. Information provided by the NCNHP database may not be published without prior written notification to the NCNHP, and the NCNHP must be credited as an information source in these publications. Maps of NCNHP data may not be redistributed without permission. The NC Natural Heritage Program may follow this letter with additional correspondence if a Dedicated Nature Preserve, Registered Heritage Area, Land and Water Fund easement, or Federally - listed species are documented near the project area. If you have questions regarding the information provided in this letter or need additional assistance, please contact Rodney A. Butler at rodney.butler@ncdcr.gov or 919-707-8603. Sincerely, NC Natural Heritage Program DEPARTMENT OF NATURAL AND CULTURAL RESOURCES 121 W. JONES STREET. RALEIGH. NC 27603 • 1651 MAIL SERVICE CENTER. RALEIGH. NC 27699 OFC 919.707.9120 • FAX 919.707.9121 Natural Heritage Element Occurrences, Natural Areas, and Managed Areas Within a One -mile Radius of the Project Area Southwood Fernandina LC Site Project No. 15231 April 13, 2022 NCNHDE-17709 Element Occurrences Documented Within a One -mile Radius of the Project Area Taxonomic Group EO ID Scientific Name Common Name east Observation Date Element Occurrence Rank Accuracy Federal Status State Global State Status Rank Rank Dragonfly or 32043 Coryphaeschna ingens Regal Darner Damselfly Freshwater 29256 Alasmidonta undulata Triangle Floater Bivalve Freshwater 19137 Lampsilis radiata Eastern Lampmussel Bivalve Freshwater Fish10676 Noturus furiosus Carolina Madtom 2004-Pre 2017-10-30 2018-06-29 1902-08-18 Natural Areas Documented Within a One -mile Radius of the Project Area Site Name Representational Rating Upper Neuse River Floodplain R2 (Very High) Managed Areas Documented Within a One -mile Radius of the Project Area Managed Area Name Owner City of Raleigh Greenway City of Raleigh City of Raleigh Greenway - Neuse River Greenway City of Raleigh City of Raleigh Open Space - Buffaloe Road Athletic City of Raleigh Park City of Raleigh Open Space - Buffaloe Road Canoe City of Raleigh Access Area City of Raleigh Open Space - Planned Neighborhood Park NPS-16 City of Raleigh Easement City of Raleigh Easement NC Land and Water Fund Project NC Land and Water Fund Project NC Land and Water Fund Project City of Raleigh H? 5-Very Low E 3-Medium E 3-Medium Significantly G5 S2? Rare Threatened G4 S3 Threatened G5 S3 H 3-Medium Endangered Threatened G2 S2 Collective Rating C3 (High) Owner Type City of Raleigh City of Raleigh NC DNCR, NC Land and Water Fund NC DNCR, NC Land and Water Fund NC DNCR, NC Land and Water Fund Local Government Local Government Local Government Local Government Local Government Local Government Local Government State State State Definitions and an explanation of status designations and codes can be found at https://ncnhde.natureserve.ora/help. Data query generated on April 13, 2022; source: NCNHP, Q4, January 2022. Please resubmit your information request if more than one year elapses before project initiation as new information is continually added to the NCNHP database. Page 2 of 3 April 13, 2022 ▪ Project Boundary El Buffered Project Boundary NHP Natural Area (NHNA) Managed Area (MAREA) NCNHDE-17709: Southwood Fernandina LC Site 1:23,687 O 0.2 0.4 O 0.325 0.65 5 0.8 mi 1.3 km Sources_ Esri, HERE, Garmin, Intermap, increment P Corp., GEBCO, USGS, FAO, NPS, NRCAN, GeoBase, IGN, Kadaster NL, Ordnance Survey, Esri Japan, METI, Esri China (Hong Kong), (c) OpenStreetMap contributors, and the GIS User Community Page 3 of 3 Species Conclusions Table Project Name: Southwood Fernandina LLC Site Date: May 24, 2022 Species / Resource Name Conclusion ESA Section 7 / Eagle Act Determination Notes / Documentation Red -cockaded Woodpecker (Picoides borealis) No suitable habitat present No effect Preliminary habitat survey completed by S&EC staff on May 3, 2022. Neuse River Waterdog (Necturus lewisi) No suitable habitat present No effect Preliminary habitat survey completed by S&EC staff on May 3, 2022. Carolina Madtom (Noturus furiosus) No suitable habitat present No effect Preliminary habitat survey completed by S&EC staff on May 3, 2022. Atlantic Pigtoe (Fusconaia mason►) No suitable habitat present No effect Preliminary habitat survey completed by S&EC staff on May 3, 2022. Dwarf Wedgemussel (Alasmidonta heterodon) No suitable habitat present No effect Preliminary habitat survey completed by S&EC staff on May 3, 2022. Michaux's Sumac (Rhus michauxii) Suitable habitat present, species not present No effect Preliminary habitat survey completed by S&EC staff on May 3, 2022. Bald Eagle Haliaeetus leucocephalus Unlikely to disturb nesting Bald Eagles No Eagle Act permit required Preliminary habitat survey completed by S&EC staff on May 3, 2022. Northern Long-eared Bat Myotis septentrionalis Suitable habitat present, species not present May affect, not likely to adversely affect Preliminary habitat survey completed by S&EC staff on May 3, 2022. 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. Acknowledgement: I agree that the above information about my proposed project is true. I used all of the provided resources to make an informed decision about impacts in the immediate and surrounding areas. Mason Montgomery / Environmental Scientist, Wetlands Department at S&EC, PA Signature /Title May 24, 2022 Date United States Department of the Interior FISH AND WILDLIFE SERVICE Raleigh Field Office P.O. Box 33726 Raleigh, NC 27636-3726 Date: 05/24/2022 Self -Certification Letter Project Name Southwood Fernandina LLC site Dear Applicant: U.S. ISIl & WILDLIFE SERV ICE 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.G. 1531-1544, 87 Stat. 884), as amended (ESA), and the Bald and Golden Eagle Protection Act (16 U.S.C. 668-668c, 54 Stat. 250), as amended (Eagle Act). This letter also provides information for your project review under the National Environmental Policy Act of 1969 (P.L. 91-190, 42 U.S.C. 4321-4347, 83 Stat. 852), as amended. A copy of this letter and the project review package must be submitted to this office for this certification to be valid. This letter and the project review package will be maintained in our records. The species conclusions table in the enclosed project review package summarizes your ESA and Eagle Act conclusions. Based on your analysis, mark all the determinations that apply: "no effect" determinations for proposed/listed species and/or proposed/designated critical habitat; and/or "may affect, not likely to adversely affect" determinations for proposed/listed species and/or proposed/designated critical habitat; and/or "may affect, likely to adversely affect" determination for the Northern long- eared bat (Myotis septentrionalis) and relying on the findings of the January 5, 2016, Programmatic Biological Opinion for the Final 4(d) Rule on the Northern long-eared bat; "no Eagle Act permit required" determinations for eagles. Applicant Page 2 We certify that use of the online project review process in strict accordance with the instructions provided as documented in the enclosed project review package results in reaching the appropriate determinations. Therefore, we concur with the "no effect" or "not likely to adversely affect" determinations for proposed and listed species and proposed and designated critical habitat; the "may affect" determination for Northern long-eared bat; and/or the "no Eagle Act permit required" determinations for eagles. Additional coordination with this office is not needed. Candidate species are not legally protected pursuant to the ESA. However, the Service encourages consideration of these species by avoiding adverse impacts to them. Please contact this office for additional coordination if your project action area contains candidate species. Should project plans change or if additional information on the distribution of proposed or listed species, proposed or designated critical habitat, or bald eagles becomes available, this determination may be reconsidered. This certification letter is valid for 1 year. Information about the online project review process including instructions, species information, and other information regarding project reviews within North Carolina is available at our website http://www.fws.gov/raleigh/pp.html. If you have any questions, you can write to us at Raleigh@fws.gov or please contact Leigh Mann of this office at 919-856-4520, ext. 10. Sincerely, /s/Pete Benjamin Pete Benjamin Field Supervisor Raleigh Ecological Services Enclosures - project review package Deborah Shirley From: Ellis, John <john_ellis@fws.gov> Sent: Thursday, September 1, 2022 7:59 AM To: Mason Montgomery Subject: Re: [EXTERNAL] FW: Greystar buffaloe Rd T&E submittal Follow Up Flag: Follow up Flag Status: Flagged I just saw this and we concur with your determinations John From: Mason Montgomery <mmontgomery@sandec.com> Sent: Monday, August 1, 2022 2:53 PM To: Ellis, John <john_ellis@fws.gov> Subject: [EXTERNAL] FW: Greystar buffaloe Rd T&E submittal This email has been received from outside of DOI - Use caution before clicking on links, opening attachments, or responding. John, I wanted to confirm that this project was reviewed and there the FWS service has no comments. Thank you, Mason From: Mason Montgomery Sent: Thursday, June 2, 2022 1:47 PM To: Raleigh, FW4 <raleigh@fws.gov> Subject: Greystar buffaloe Rd T&E submittal Hello, Attached is the threatened and endangered species report for the Greystar project located in Wake County, NC. S&EC is submitting for concurrence. Please let me know if any additional information is needed when making the determinations. Thank you, nery 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 1 mmontgomery@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. 2 North Carolina Department of Natural and Cultural Resources State Historic Preservation Office Ramona M. Bartos, Administrator Governor Roy Cooper Office of Archives and History Secretary D. Reid Wilson Deputy Secretary, Darin J. Waters, Ph.D. June 14, 2022 Camden Brunick Soil & Environmental Consultants, PA North Quarter Office Park 8412 Falls of Neuse Road, Suite 104 Raleigh, NC 27615 ltallent@atlasenvi.com Re: Greystar residential development, Buffaloe Road, Raleigh, Wake County, ER 22-1541 Dear Mr. Brunick: Thank you for your May 24, 2022, submission concerning the above -referenced project. We have reviewed the materials provided and offer the following comments. One previously recorded archaeological site (31WA582) is in the project area. Site 31WA582 has yielded American Indian artifacts that date to the Archaic Period. We have determined that 31WA582 is not eligible for listing in the National Register of Historic Places. Therefore, the proposed project should have no effect on any sites eligible for listing in the National Register. There is the potential for unmarked graves to be in the project area in association with site 31WA582. If unmarked human skeletal remains are encountered during construction, the provisions of North Carolina General Statute Chapter 70, Article 3 apply. Construction activities should immediately cease and the county medical examiner should be contacted. We have determined that the project as proposed will not have an effect on any historic structures. The above comments are made pursuant to Section 106 of the National Historic Preservation Act and the Advisory Council on Historic Preservation's Regulations for Compliance with Section 106 codified at 36 CFR Part 800. Thank you for your cooperation and consideration. If you have questions concerning the above comment, contact Renee Gledhill -Earley, environmental review coordinator, at 919-814-6579 or environmental.review@ncdcr.gov. In all future communication concerning this project, please cite the above referenced tracking number. Location: 109 East Jones Street, Raleigh NC 27601 Mailing Address: 4617 Mail Service Center, Raleigh NC 27699-4617 Telephone/Fax: (919) 807-6570/807-6599 Sincerely, k Ramona Bartos, Deputy State Historic Preservation Officer cc: Lyle Phillips, USACE George.L.Phillips@usace.army.mil Dr. Wenonah Haire, Catawba Indian Nation wenonahh@ccpperafts.com 111 -"�� 1\vl I / I EMI \ \eXil 11/8—^\\1 jII i� \//// I/ i// I 1 1 1 I( / Jr /,� i \�/ _/ 1/1� I III I ( �/ _.... , , ......„..........„ II\ /�/I/8 ''\ \ \ I\111 �� %1 / � I i - \ ate III I l/i�/ 1 111 )'\ v EITN` �I // l lAllllll� I oe \ \\�\ I I --)LINE �'�-, \, 11'Njl� j l''lllIllllll� \ \ \\ \\\ �, /m- N \ \ viol l 1✓ 7 7ll�lll / / \ I �\ \ �' .... WETLAND W1 264. 6 / I�1���//l �ll�l/ll / \\ \ \ \\0 'r. I 1(\'�51 SF)) 2p68 r 2�p / WI � //I 11111111 � ) \ \ I Ifl\\\\\ \ ��%; \1 \ I ( I i r,2,/ l lill 11 \ \ 1 \\ \ •'', !! \ \ I I 1 t, 274 i I /,l/II 111 /I \ l 1 \\ I\ 1 /Il7/1/ II�>>III \\\\I \ I\ ) l \ 1 ) ri,111 llllll i //,t)11�\\\\ IIIIIIII I jllI�lljl — . / 71 �( \ \\\ // I III / II 1�IIIPIj— — — --�/ /I I \� ( f lIIII — — 1 —\\\/ I I I I I11IIIII II I, � - / � T l 1 I PRIIVATE 20' VIIII II II \ / / jl I �I( / \\� I I I �r / / DRAINAGE IIIII I I \ / / II \\ 1 1 1 EASEMENT II 111 Ill I`1 /' ,ltl /�\\ \ I' I" / III 11I - \ 1 1 I 11 / 1 ` i EXISTING 5' UTILITY \ \ Ih \ \ \ 41 \ / I I r / \ ()I ` \PLACEMENTEASEMENTIII Illl"�\\) e 11�I / \ \ \, \ � ��1 �111 /) / / �oIlllllll�// / / / / �� / \\/1 \I 1111111 I// / / // /� / ,11111► // \ \�'�(/ I Ill�111, / ( / / Il III — I� llb I I ( II ` I / / / \\ (/ III \ 111111111 I l I 1 l` �o \ I � IIIII1ll�, I �) l I I Ili \ ,1�� , / r (IIIII1�\ \\ 1� \ 1111111 \ \\\ \ ---1411111/I \\"- '" \ \ \, IIII� \ 11\1\` /II III 1 \ k \� \ 1 1 \ 1III\J\\ III\�.,� AI \I \\\\\\ \_� 'I �1 IIIII 11 \\\ \\\\— I �I�IIIIV I a, `` al ,I E (STING NEED �flA'l,I S. . 2220 , \(� / �� (60' PUBLIC R/W)/ / / N,EIGHBORIHOOD STREt1/1 I I i ► / / 1 1;i11� Ai /, / (1 //" I tJal^,� I l( ( 1 I. \1�\:\. SITE LEGEND \ EXISTING BUFFALOE ROAD S.R. 2215 (VARIABLE WIDTH PUBLIC R/W) AVENUE 6 LANE DIVIDED r c0 EXISTING ROW LINE EXISTING ROW LINE III I I' I / 7-/ ; ' — v I ��� I IIII1111111( //f// / ,/ ZII /TTii /4 \ \ (/\ \\ \ \r \ \ — �%� t ( EXiSTINV 4OW \ ` � � \ L ( � \ \` � 29'� �O 1I \� \\ \\ 1 \ I I I I I \ \ I —2 \� �r IS�IG Row✓/;:; �I�� i \ / / , l I ;/J//I/I I j (1 -���� \ \-�� `��� ''' 1 /// / / vi t I I I ?aA----�/ / \ III iI�/1 re '\gyre rf ) t I I I 1 I /---( \ \ \ �" Ijr,�1 /f//1 t EXISTuVG / / j /// / ! \ Illill / 1 1 / PROPER\TY\ LINE / / \ \ \ 1 I I I ' // I VI I / I ` � \ \ I // EXISTING \ 1 \ 1 I 1 \ (\\� rbrItSTVILLE ROAD \ \ \ \ \ \ \ \ S.R. 2049 \ \ \\ \ \ (VARIABLE WIDTH PUBLIC R/W) \ \ I\ \ AVENUE 4 LANE DIVIDED PROPERTY LINE RIGHT—OF—WAY LINE LOT LINE EASEMENT LINE CENTERLINE GRAPHIC SCALE 0 100 200 400 1 inch = 200 ft. M:\Projects\GRE\GRE22001\04-Production\Engineering\Production Drawings\Current Drawings\Exhibits\Impact Maps\Current Impact Maps\GRE22001-E2.dwg, 11/8/2022 3:53:04 PM, Chris Waite iJ MCADAMS The John R. McAdams Company, Inc. 621 Hillsborough Street Suite 500 Raleigh, NC 27603 phone 919. 361. 5000 fax 919. 361. 2269 license number: C-0293, C-187 www.mcadamsco.com BUFFALOE ROAD APARTMENTS EXISTING CONDITIONS — E1.00 WETLAND IMPACT MAP EXHIBITS 7300 BUFFALOE ROAD RALEIGH, NORTH CAROLINA 27604 PLAN INFORMATION PROJECT NO. GRE-22001 FILENAME GRE22001-E2 CHECKED BY ACP DRAWN BY CAW SCALE 1"=200' DATE 11.08.2022 * IIIVI 11 i 'l 7 / �Il1�l/ �1 • 246 \ I / I 1,, r------1---1- _._. 6L-- -J I) 1//%II IL1 (i r 1 °\ w i o/, ei \ frit I ,�///� 1/ SSHE Ill *///I1!!/ / I - l , Ir., / — 1 �, II I N \4 id//�7//7 \\ I\c\ III',�% /// �\ \ II/\\ 1 \ 1I 7111/ 1 \\ ‘1 [II 11` / > \1 ( l 1 I (II 1 II e I 1//4fp11_1..i 1' 1 ) %;,II 11i / I(IIL11 —___ — �/ i 1 Ii1 i�ii° i I _ I► 1 — / . Ii;1 1r r11111q - ��/ irf III (IIII 'III; 1-_ / il 'CO Ill/ I,` 111 i Ii Imo` �� IIII�I(UI / �IIIII,I I IIIII�IIII'1/// / /� / /' / // �IIP111 \ IllljI//( / 111lll�� I I\ I 1 1 1111111(,1 I I 1 I iiihli��1 // i IIII �1111� 1\ 11 l < �I IIII III \ 1111II1��\\, \,\I1 ( I r"1�i i\ \\ �\ 1\ I I 11.0;1ll � 1� \�� EISTING NEEDHI�/IO \� S.R. 2220 >�II (60' PUBLIC R/W) INEIGHBORIHOOD STREET f I �.� IJi1a1111'� 1 1 LEGEND: '1 WETLAND IMPACT — SCM FILL WETLAND IMPACT — LOT FILL ET E1.01 . y ( ,- , ,- ,. i r \• N_,- - 1 1 I 7 /,/ , I1 \ G� k t \\ 1 /1'1 i/-,\_ ,),11 EXISTING 11\(1(1 I1\` r4, -Z\ \\\\ FFALOE ROAD\ \\1 /j � ,l/ - \ �L \ \\ \ I ,/ S.R. 2215 j \\\\\ \\' / / ' - (VARIABLE WIDTH PUBLIC R/W) \ \, 1 (--- \\ —� AVENUE 6 LANE DIVIDED \) 1\ ' /i-1i 1111 ,je. \`—/I1/i r �Y- / 1 / / ,\\\_J I` /I r / / \ %' l // \ 1 / 296 \ 1 \ _--. J c /I1'1 1/ /29a R. q /EXISTING ° \ - Jjl 1 I\ 1 I\ 1\1\y 29: FORESTVI LLE°ROAD _ __ 4 I \ \ \\ \ \ \ z9 S.R.2049 f1' \ \ � \ \ 2IIARIABLE WIDTH PUBLIC R/WI ::--- \ \ I\ \ •no AVENUE 4 LANE DIVIDED GRAPHIC SCALE 0 100 200 400 1 inch = 200 ft. M:\Projects\GRE\GRE22001\04-Production\Engineering\Production Drawings\Current Drawings \ Exhibits \Impact Maps\Current Impact Maps \GRE22001-El.dwg, 11/8/2022 3:50:02 PM, Chris Waite 2 Joo 296, c 5 2g6 294 292 2g0 / 2,20, TOTAL LINEAR WETLAND IMPACTS: 3,773 SF (0.087 AC.) 111 MCADAMS The John R. McAdams Company, Inc. 621 Hillsborough Street Suite 500 Raleigh, NC 27603 phone 919. 361. 5000 fax 919. 361. 2269 license number: C-0293, C-187 www.mcadamsco.com BUFFALOE ROAD APARTMENTS OVERALL WETLAND IMPACT MAP - E1.01 WETLAND IMPACT MAP EXHIBITS 7300 BUFFALOE ROAD RALEIGH, NORTH CAROLINA 27604 PLAN INFORMATION PROJECT NO. GRE-22001 FILENAME GRE22001-E1 CHECKED BY ACP DRAWN BY ACP / CAW SCALE 1"=200' DATE 11.08.2022 \ 1 \ LIMITS OF DISTURBANCE (TYP.) WETLAND IMPACT 1B 1,327 SF /t \ \ a‘ LEGEND: WETLAND IMPACT — SCM FILL WETLAND IMPACT — LOT FILL GRAPHIC SCALE 0 20 40 80 linch =40ft. M:\Projecis\GRE\GRE22001\04-Production\Engineering\Production Drawings\Current Drawin s\Exhibits\Impact Maps\Current Impact Maps\GRE22001-E1.dwg, 11/8/2022 3:51:30 PM, Chris Waite MCADAMS The John R. McAdams Company, Inc. 621 Hillsborough Street Suite 500 Raleigh, NC 27603 phone 919. 361. 5000 fax 919. 361. 2269 license number: C-0293, C-187 www.mcadamsco.com BUFFALOE ROAD APARTMENTS DETAILED WETLAND IMPACT MAP - E1.02 WETLAND IMPACT MAP EXHIBITS 7300 BUFFALOE ROAD RALEIGH, NORTH CAROLINA 27604 PLAN INFORMATION PROJECT NO. GRE-22001 FILENAME GRE22001-E1 CHECKED BY ACP DRAWN BY ACP / CAW SCALE 1"=40' DATE 11.08.2022 - - _ —_ '., S2 -PIPE FLOW — = fir':'::.: �.r,': '.•_;'; _:: ' :., . ..... .,..�. SUBBASIN #4 AREA = 2.82 AC ( 122,870 SF.) S1- OVERLAND FLOW i 1 \,\1\\ \\\`., \ \ \ \\ `� „ \ \ 1\\\\\ \ \� \ \ \ ` \` \ \ , ,� �, \ \ „, \ . , � -.-- POINT OF ANALYSIS 2 FORESj � E RO4 S• R 2049 (V/RIABLE WIDTIuBLIc R/ \\\ l /AVENUE4 LA /W)NE . DIVIDE � � 1 �I I' 1 ■ ■ ■ ■ ■ ■ ■ ■ •I POST -DEVELOPMENT DRAINAGE AREA SEE SHEET C0.00 FOR ALL PROJECT, SITE, GRADING, STORM DRAINAGE AND UTILITY NOTES ALL CONSTRUCTION SHALL BE IN ACCORDANCE WITH THE CURRENT CITY OF RALEIGH ENGINEERING DESIGN AND CONSTRUCTION STANDARDS THIS DRAWING WAS CREATED USING GIS DATA AND SHALL NOT BE USED FOR CONSTRUCTION PRELIMINARY DRAWING - NOT RELEASED FOR CONSTRUCTION MCADAMS The John R. McAdams Company, Inc. 621 Hillsborough Street Suite 500 Raleigh, NC 27603 phone 919. 361. 5000 fax 919. 361. 2269 license number: C-0293, C-187 www.mcadamsco.com CLIENT GREYSTAR 555 FAYETTEVILLE ST, SUITE 300 RALEIGH, NC 27601 PHONE: 860. 478. 3151 RALEIGH, NORTH CAROLINA 27604 tttttttttttttttt .s`'s,\N CARD 1t'''% SEAL 036231 / Lu • .INE REVISIONS NO. DATE PLAN INFORMATION PROJECT NO. FILENAME CHECKED BY DRAWN BY SCALE DATE SHEET G RE-22001 GRE22001-POST ACP/MDS CAW 1"=100' 09. 12. 2022 POST -DEVELOPMENT DRAINAGE MAP POST