20221757 Ver 1_ePCN Application_20221213

DWR
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:
8/9/2022
BIMS # Assigned* Version#*
20221757 1
Is a payment required for this project?*
No payment required
Fee received
Fee needed - send electronic notification
Reviewing Office*
Raleigh Regional Office - [phone]
Information for Initial Review
la. Name of project:
Woods Creek Road Widening
la. Who is the Primary Contact?*
Deborah Shirley
What amout is owed?*
$240.00
$570.00
Select Project Reviewer*
Zachary Thomas:eads\ztthomas
1 b. Primary Contact Email:* lc. Primary Contact Phone:*
[e-mail] [phone]
Date Submitted
12/13/2022
Nearest Body of Water
White Oak Creek
Basin
Cape Fear
Water Classification
C
Site Coordinates
Latitude: Longitude:
35.6814 -78.8850
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: 14 - Linear transportation
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:
Town of Holly Springs
2b. Deed book and page no.:
2c. Contact Person:
John Schifano-Town Attorney
2d. Address
Street Address
PO Box 8
Address Line 2
City
Holly Springs
Postal /Zip Code
27540
401 Water Quality Certification - Express
Riparian Buffer Authorization
State / Province / Region
NC
Country
USA
Yes No
Yes No

2e. Telephone Number: 2f. Fax Number:
[phone]
2g. Email Address: *
[e-mail]
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, Suite 104
Address Line 2
City
Raleigh
Postal / Zip Code
27615
4d. Telephone Number:
[phone]
4f. Email Address: *
[e-mail]
C. Project Information and Prior Project History
State / Province / Region
NC
Country
USA
4e. Fax Number:
[phone]
1. Project Information
1b. Subdivision name:
(if appropriate)
lc. Nearest municipality / town:
Holly Springs
2. Project Identification
2a. Property Identification Number: 2b. Property size:
N/A; Woods Creek Road SR 1154 10.7 (limits of disturbance)
2c. Project Address
Street Address
Woods Creek Road
Address Line 2
City
Holly Springs
Postal / Zip Code
27540
3. Surface Waters
3a. Name of the nearest body of water to proposed project: *
White Oak Creek
3b. Water Resources Classification of nearest receiving water: *
C
3c. What river basin(s) is your project located in?*
Cape Fear
3d. Please provide the 12-digit HUC in which the project is located.
030300040102
4. Project Description and History
State / Province / Region
NC
Country
USA
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 onsite consists of the existing Woods Creek Road as well as forested land on the north and south side of Woods Creek Road. White Oak Creek and it's FEMA 100-year
floodplain flows under Woods Creek Road. General land use in the vicinity of the project consists of forested land.

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:
Approximately 0.098 acres within limits of evaluation
4g. List the total estimated linear feet of all existing streams on the property:
Approximately 635 LF within limits of evaluation
4h. Explain the purpose of the proposed project:*
The purpose of this project is to widen the existing Woods Creek Road along the Carolina Springs Subdivision frontage, Phases 1 & 2
4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used: *
The overall project involves the widening of the existing Woods Creek Road. Specifically, there are four (4) stream impacts and one (1) wetland impact associated with the widening of
Woods Creek Road. Equipment typically used for construction and earthwork such as backhoes, bulldozers, excavators, 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 No
Comments:
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-2017-01322
5c. If 5a is yes, who delineated the jurisdictional areas?
Name (if known):
Agency/Consultant Company:
Other:
Steven Ball
Soil & Environmental Consultants, PA
Unknown
5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made by the Corps or DWR
USAGE: Site visit and field determination made by James Lastinger on June 20, 2017.
6. Future Project Plans
6a. Is this a phased project?*
Yes No
6b. If yes, explain.
See below`
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?
Per a meeting with James Lastinger, the Town of Holly Springs, and representatives from Lennar, Withers Ravenel and S&EC on December 20, 2019, the Carolina Springs project
"phases" were determined to have "independent utility" and separated into potentially 6 project phases. The purpose and need of three (3) of these phases, require the Town of Holly
Springs to be the applicant, and potentially the fourth. The other two (2) phases, the developer is to be the applicant and have been determined to have "independent utility". Please see
list below:
Phase 1-Town of Holly Springs (Carolina Springs) Offsite Pump Station and Force Main (Approved: SAW-2020-01001; DWR #20-0759)
Phase 2-Carolina Springs-IcePlex & Access Road (Approved: SAW-2017-01322; DWR #20-0809)
Phase 3-Residential (now two phases, 1-5 and future 6-10) (Approved phase 1-5: SAW-2017-01322; DWR #20201251)
Phase 4-Town of Holly Springs -Wood Creek Road Widening
Phase 5-Town of Holly Springs -(Carolina Springs)-Offsite Greenway
Phase 6-(future determined) -Road connection to Twelve Oaks
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*
Impact 4
Road Widening
P
Bottomland Hardwood Forest
W15
Yes
Both
0.033
(acres)

2g. Total Temporary Wetland Impact
0.000
2g. Total Permanent Wetland Impact
0.033
2g. Total Wetland Impact
0.033
2i. Comments:
3. Stream Impacts
3a. Reason for impact (?)
3b.Impact type*
3c. Type of impact*
3d. S. name*
3e. Stream Type*
(?)
3f. Type of
Jurisdiction*
3g. S. width
3h. Impact
length*
S1
Impact 1 - Road Widening:
Culvert Extension
Permanent
Culvert
Stream Offsite F
Intermittent
Both
4
Average (feet)
24
(linear feet)
S2
Impact 1 - Road Widening -
Temporary Construction
Access
Temporary
Other
Stream Offsite F
Intermittent
Both
4
Average (feet)
3
(linear feet)
S3
Impact 1 - Road Widening
(Permanen-No Permanent
Loss)
Permanent
Other
Stream Offsite F
Intermittent
Both
4
Average (feet)
15
(linear feet)
S4
Impact 2 - Road Widening:
Culvert Extension
Permanent
Culvert
Stream C2
Intermittent
Both
2
Average (feet)
69
(linear feet)
S5
Impact 2-Road Widening
(Permanen-No Permanent
Loss)
Permanent
Other
Stream C2
Intermittent
Both
2
Average (feet)
13
(linear feet)
S6
Impact 2 - Road Widening -
Temporary Construction
Access
Temporary
Other
Stream C2
Intermittent
Both
2
Average (feet)
3
(linear feet)
S7
Impact 3 - Road Widening:
Culvert Extension
Permanent
Culvert
Stream G & A
Perennial
Both
9
Average (feet)
73
(linear feet)
S6
Impact 3-Road Widening
(Permanen-No Permanent
Loss)
Permanent
Other
Stream G & A
Perennial
Both
5
Average (feet)
36
(linear feet)
Sg
Impact 3 - Road Widening -
Temporary Construction
Access
Temporary
Other
Stream G & A
Perennial
Both
4
Average (feet)
19
(linear feet)
S10
Impact 4 - Road Widening:
Fill
Permanent
Fill
Stream 12
Intermittent
Both
2
Average (feet)
55
(linear feet)
S11
Impact 4 - Road Widening -
Temporary Construction
Access
Temporary
Other
Stream 12
Intermittent
Both
2
Average (feet)
6
(linear feet)
31. Total jurisdictional ditch impact in square feet:
0
3i. Total permanent stream impacts:
285
3i. Total stream and ditch impacts:
316
3j. Comments:
E. Impact Justification and Mitigation
3i. Total temporary stream impacts:
31
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 within an identified construction corridor in order to identify natural resources so that impacts could be avoided &
minimized to the maximum extent practicable. Proposed impacts include four (4) road widening locations. Where practicable, steeper slopes were
utilized, along with keyed in riprap dissipator pads to assist in velocity dissipation and stream stabilization. The top elevation of the riprap dissipator pad
will not exceed the pre -construction of the stream bed. Impact Area #4 was modified through consultant and engineering reviews to minimize overall
stream and wetland impacts which originally proposed 0.05 acres of permanent wetland loss and 235 linear feet of permanent stream loss. Temporary
stream impacts will be brought back to pre -construction stream bed elevations and the stream banks will be stabilized.
lb. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:
Limits of disturbance has been limited as much as possible using steeper slopes and matting.

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:
At each impact location permanent loss stream impacts are less than 0.02 acres and permanent loss wetland impacts 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:
This project is within the White Oak Creek subwatershed, class C waters of the Cape Fear River.
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
Comments:
This is a road widening project. There will be piped flow to dissipater pads to roadside grassed swales.
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
silviculture! operations. The Woods Creek Road widening is a roadway infrastructure project. Additionally, the project is located within the Town of Holly
Springs ETJ, therefore the adjacent properties that have potential for development will have the following regulations to protect downstream waters: 1)
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
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
5e. Is this a DOT project located within Division's 1-8?
Yes No
No Unknown
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
January 7, 2020. S&EC received response from USFWS on March 4, 2020 that they concurred with the determinations made by S&EC that the
proposed actions 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). Please see attached correspondence from USFWS.
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 August 5, 2022, no historic listings or study list
entries or determined eligible listings were identified within the property boundaries. Additionally, no structures exist within the property boundaries
8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA-designated 100-year floodplain?*
Yes No
8b. If yes, explain how project meets FEMA requirements:
A no -rise application for the culvert extension and impact to the floodway is currently in review with the Town of Holly Springs.
8c. What source(s) did you use to make the floodplain determination?*
NC Flood Risk Information System Floodplain Mapping Program and confirmation from the project engineer.
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 drag and drop files here to attach document
Woods Creek Road Widening PCN Attachments.pdf 14MB
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 Shirley
Signature
efOl ta. t_9e6tlecf
Date
12/13/2022

Deborah Shirley
From: Camden Brunick
Sent: Tuesday, August 9, 2022 3:56 PM
To: [e-mail]
Subject: Pre -filing Meeting Request - Woods Creek Road Widening
Attachments: B OVERALL STREAM AND WETLAND IMPACT MAP.pdf
Good afternoon Colleen,
This pre -filing meeting request is for the Woods Creek Road Widening project located at Woods Creek Road in Apex,
Wake County, NC. The project is approximately 1 acres. The project purpose is to widen the existing woods creek road.
Specifically, there is one proposed road widening impact that impacts a wetland. Existing conditions onsite consists of
the woods creek road as well as forested land and both sides of the road. General land use in the vicinity of the project
consists of forested land with some rural developments. US Highway 1 is located west of woods creek road. Please see
the attached site plan above. Please note this may change as we work with the engineers on minimizing impacts.
Project Name: Woods Creek Road Widening
County: Wake
Applicant Name: Lennar Carolinas, LLC (attn: Stephen Dorn)
Applicant Email: Stephen. [e-mail]
Thank you,
CAMDEN BRUNICK
Environmental Consultant
Soil & Environmental Consultants, PA
North Quarter Office Park
8412 Falls of Neuse Road, Suite 104
Raleigh, NC 27615
[phone](cell)
1

Project Name/Description:
Date: 06-02-2022
Environmental Consultants,
W2 F dls of Name Rond, Sithc 104, ltnlcigh, NC: 27615 • Pbone; [phone] • Fox: (91)) 946-9467
AGENT AUTHORIZATION
Woods Creek Widening
The Deparhnent of the Army
U.S. Army Corps of Engineers, Wilmington District
69 Darlington Avenue
Wilmington, NC 28403
S&EC Project 9 13152
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): 0730534863
Site Address: 7300 Woods Creels Road
City, County, State: Apex, Wake County, NC
APPLICANT INFORMATION:
Name: Town of Holly Springs
Mailing Address: PO Box 8, Holly Springs NC
Telephone Number: 919-708-8082
Email: [e-mail]
`rainna c>E III SPA .N a� k1 � --3-0A .► o 70'J� ��oR•v�y &/U (f
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Applicant (please print)
Applicant Si
Date
We hereby certify the above information submitted in this application is true and accurate to
the best of our knowledge.

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Camden Brunick
From: Lastinger, James C CIV USARMY CESAW (USA) <[e-mail]>
Sent: Wednesday, May 20, 2020 8:38 AM
To: Steven Ball
Subject: RE: Woods Creek Road Site, Holly Springs
SAW-2017-01322
James Lastinger
Regulatory Project Manager
Raleigh Regulatory Field Office
US Army Corps of Engineers, Wilmington District
ADDRESS: 3331 Heritage Trade Drive, Suite 105 Wake Forest, NC 27587
Tel: [phone], x32
Fax: [phone]
-----Original Message -----
From: Steven Ball <[e-mail]>
Sent: Tuesday, May 19, 2020 10:48 AM
To: Lastinger, James C CIV USARMY CESAW (USA) <[e-mail]>
Subject: [Non-DoD Source] FW: Woods Creek Road Site, Holly Springs
Hey James, for some reason I don't have a record of the AID number for this one. Can you send it over to be sure we are
referencing the right one?
Thanks!
Steven Ball, RF, PWS
NC Registered Forester #1723
Professional Wetland Scientist #2732
Soil and Environmental Consultants, PA
8412 Falls of Neuse Road, Suite 104
Raleigh, NC 27615
Mobile-919-691-2114
Off i ce-919-846-5900
Visit us at Sandec.com
1

From: Steven Ball
Sent: Monday, June 12, 2017 2:24 PM
To: Lastinger, James C SAW ([e-mail]) <[e-mail]>
Subject: Woods Creek Road Site, Holly Springs
Here is the large one in Holly Springs
Steven Ball, RF, PWS
NC Registered Forester #1723
Soil and Environmental Consultants, PA
8412 Falls of Neuse Road, Suite 104
Raleigh, NC 27615
Mobile-919-691-2114
Office-919-846-5900
Visit us at Sandec.com

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United States Department of the Interior
FISH AND WILDLIFE SERVICE
Raleigh ES Field Office
Post Office Box 33726
Raleigh, North Carolina 27636-3726
March 4, 2020
Mason Montgomery
Soil & Environmental Consultants, PA
8412 Falls of Neuse Road, Suite 104
Raleigh, NC 27615
Re: Carolina Springs — Wake County
Dear Mr. Montgomery:
This letter is to inform you that the Service has established an on-line project planning and
consultation process which assists developers and consultants in determining whether a
federally -listed species or designated critical habitat may be affected by a proposed project. For
future projects, please visit the Raleigh Field Office's project planning website at
https://www.fws.gov/raleigh/pp.html. If you are only searching for a list of species that may be
present in the project's Action Area, then you may use the Service's Information, Planning, and
Consultation System (IPaC) website to determine if any listed, proposed, or candidate species
may be present in the Action Area and generate a species list. The IPaC website may be viewed
at https://ecos.fws. ,ov/ipac/. The IPaC web site contains a complete and frequently updated list
of all endangered and threatened species protected by the provisions of the Endangered Species
Act of 1973, as amended (16 U.S.C. 1531 et seq.)(Act), a list of federal species of concern' that
are known to occur in each county in North Carolina, and other resources.
Section 7 of the Act requires that all federal agencies (or their designated non-federal
representative), in consultation with the Service, insure that any action federally authorized,
funded, or carried out by such agencies is not likely to jeopardize the continued existence of any
federally -listed endangered or threatened species. A biological assessment or evaluation may be
prepared to fulfill that requirement and in determining whether additional consultation with the
Service is necessary. In addition to the federally -protected species list, information on the
species' life histories and habitats and information on completing a biological assessment or
1 The term "federal species of concern" refers to those species which the Service believes might be in need of
concentrated conservation actions. Federal species of concern receive no legal protection and their designation does
not necessarily imply that the species will eventually be proposed for listing as a federally endangered or threatened
species. However, we recommend that all practicable measures be taken to avoid or minimize adverse impacts to
federal species of concern.

evaluation and can be found on our web page at http://www.fws.gov/raleigh. Please check the
web site often for updated information or changes.
If your project contains suitable habitat for any of the federally -listed species known to be
present within the county where your project occurs, the proposed action has the potential to
adversely affect those species. As such, we recommend that surveys be conducted to determine
the species' presence or absence within the project area. The use of North Carolina Natural
Heritage program data should not be substituted for actual field surveys.
If you determine that the proposed action may affect (i.e., likely to adversely affect or not likely
to adversely affect) a federally -protected species, you should notify this office with your
determination, the results of your surveys, survey methodologies, and an analysis of the effects
of the action on listed species, including consideration of direct, indirect, and cumulative effects,
before conducting any activities that might affect the species. If you determine that the proposed
action will have no effect (i.e., no beneficial or adverse, direct or indirect effect) on federally
listed species, then you are not required to contact our office for concurrence (unless an
Environmental Impact Statement is prepared). However, you should maintain a complete record
of the assessment, including steps leading to your determination of effect, the qualified personnel
conducting the assessment, habitat conditions, site photographs, and any other related articles.
With regard to the above -referenced project, we offer the following remarks. Our comments are
submitted pursuant to, and in accordance with, provisions of the Endangered Species Act.
Based on the information provided and other information available, it appears that the proposed
action 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 Act at
these sites. We believe that the requirements of section 7(a)(2) of the Act have been satisfied for
your project. Please remember that obligations under section 7 consultation must be
reconsidered if: (1) new information reveals impacts of this identified action that may affect
listed species or critical habitat in a manner not previously considered; (2) this action is
subsequently modified in a manner that was not considered in this review; or, (3) a new species
is listed or critical habitat determined that may be affected by the identified action.
However, the Service is concerned about the potential impacts the proposed action might have
on aquatic species. Aquatic resources are highly susceptible to sedimentation. Therefore, we
recommend that all practicable measures be taken to avoid adverse impacts to aquatic species,
including implementing directional boring methods and stringent sediment and erosion control
measures. An erosion and sedimentation control plan should be submitted to and approved by
the North Carolina Division of Land Resources, Land Quality Section prior to construction.
Erosion and sedimentation controls should be installed and maintained between the construction
site and any nearby down -gradient surface waters. In addition, we recommend maintaining
natural, vegetated buffers on all streams and creeks adjacent to the project site.
The North Carolina Wildlife Resources Commission has developed a Guidance Memorandum (a
copy can be found on our website at (http://www.fws.gov/raleigh) to address and mitigate
secondary and cumulative impacts to aquatic and terrestrial wildlife resources and water quality.
2

We recommend that you consider this document in the development of your projects and in
completing an initiation package for consultation (if necessary).
We hope you find our web page useful and informative and that following the process described
above will reduce the time required, and eliminate the need, for general correspondence for
species' lists. If you have any questions or comments, please contact John Ellis of this office at
[phone] ext. 26.
Sincerely,
6" t
P to Benjamin
Field Supervisor