20230460 Ver 1_S&EC Mill Stone Creek SD T&E Report Signed_20230328

Environmental Consultants,
8412 Falls of Neuse Road, Suite 104, Raleigh, NC 27615 • Phone; [phone]
sandec.com
To: U.S. Fish and Wildlife Service
Raleigh Field Office
P.O. Box 33726
Raleigh, NC 27636-3726
March 1, 2023
S&EC Project No: 14074.W5
Re: Online Project Review Request, Mill Stone Creek Subdivision, Sims — Wilson 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 March 1, 2023 and are submitting our project review package in accordance with the
instructions for further review.
Our proposed action consists of A planned residential development that is proposing impacts to
wetlands.
The location of the project and the action area are identified on the enclosed maps.
Mill Stone Creek Subdivision (35.762748,-78.035467). The site is located at 5774 US 264A HWY W,
Sims — Wilson 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 [e-mail]
Sincerely,
SOIL & ENVIRONMENTAL CONSULTANTS, PA
Digitally signed by Mason Montgomery
Mason Montgomery
Date: 2023.03.02 10:46:12-05'00'
Mason Montgomery
Environmental Scientist, Wetlands Department
Enclosures:
1. Project Request Review Package 6. FWS Official Species List
2. S&EC T&E Species Report 7. NIP Report
3. Vicinity Maps 8. FWS Species Conclusion Table
4. S&EC Photo Report 9. FWS Self -Certification Letter
5. Overall Site Plan

Soil & Environmental Consultants, PA
8412 Falls of Neuse Road, suite 104, Raleigh, NC: 27615 • Phone: [phone] •lax: [phone]
sandcc.com
March 1, 2023
S&EC Project No.: 14074.W5
To: F&B Development Company, LLC
Attn: Grey Berry
516 N East St
Raleigh, NC 27604
Re: THREATENED & ENDANGERED SPECIES REPORT
Mill Stone Creek Subdivision (+/- 180 acres)
5774 US 264A Hwy W, Sims, Wilson County, NC
Grey Berry:
On February 28, 2023, Soil & Environmental Consultants, PA (S&EC) evaluated the Mill Stone Creek
Subdivision shown on the attached maps for potential endangered species. The property is located at
5774 US 264A Hwy W in Wilson County, NC. Surface waters on -site flow into Mill Stone Creek 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.
Mill Stone Creek Subdivision - S&EC Threatened & Endangered Species Report
Pagel of 5

March 1, 2023
S&EC Project #14074
RESULTS:
The FWS official species list identified the following species for the Evaluation limits:
• Tricolored Bat, (Perimyotis subflavus), Proposed Endangered
• Neuse River Waterdog (Necturus lewisi), Threatened
• Carolina Madtom (Noturus furiosus), Endangered
• Atlantic Pigtoe (Fusconaia masoni), Threatened
• Monarch Butterfly (Danaus plexippus), Candidate
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 from 1975 and is for the Red -
cockaded Woodpecker(RCW). The RCW is not listed on the official species list. Other State listed
species were found within the project area as listed in the attached NHP report. The NHP report
identified one managed area within one mile of the project area. These are listed out in the attached
NHP Report.
TRICOLORED BAT (Perimyotis subflavus):
S&EC personnel conducted preliminary surveys for suitable habitat and individual Tricolored Bat's
within the project area. During our survey, we found no individual species. Relying upon the findings
of the December 2021 Species Status Assessment (SSA) Report for the Tricolored Bat. S&EC did
identify one culvert within adjacent ROW large enough to be considered roosting habitat. Due to the
nature of the project being residential development, which will include tree removal, we concluded that
the project would "May affect, but not likely to adversely affect" the Tricolored Bat.
NEUSE RIVER WATERDOG (Necturus lewisal:
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
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.
Mill Stone Creek Subdivision - S&EC Threatened & Endangered Species Report
Page 2 of 5

March 1, 2023
S&EC Project #14074
Our preliminary survey concluded that potential suitable habitat does exist on -site. Mill Stone Creek
was +/-6 feet wide with medium baseflow and had a sandy substrate. Additionally, the other streams
on -site did not have suitable habitat. Due to these observations, we have concluded that the project
would "May affect, not likely to adversely affect" 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 not list any known elemental occurrence within the project
area or within one mile of the site. This species is found in the Neuse River and Tar River basins. The
suitable habitat this species is found in is also medium to large streams and rivers with a moderate
gradient and large bed material. The Carolina Madtom also needs continuous year-round flow and
cover for nesting habitat. While we did not specifically sample for the species, we also did not find any
evidence of the species while conducting our preliminary surveys of the streams for potential suitable
habitat.
Our preliminary survey concluded that potential suitable habitat does exist on -site. Mill Stone Creek
was +/-6 feet wide with medium baseflow and had a sandy substrate. Additionally, the other streams
on -site did not have suitable habitat. Due to these observations, we have concluded that the project
would "May affect, not likely to adversely affect" the Carolina Madtom.
ATLANTIC PIGTOE (Fusconaia masona):
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.
Mill Stone Creek Subdivision - S&EC Threatened & Endangered Species Report
Page 3 of 5

March 1, 2023
S&EC Project #14074
Our preliminary survey concluded that potential suitable habitat does exist on -site. Mill Stone Creek
was +/-6 feet wide with medium baseflow and had a sandy substrate. Additionally, the other streams
on -site did not have suitable habitat. Due to these observations, we have concluded that the project
would "May affect, not likely to adversely affect" the Atlantic Pigtoe.
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. FWS recommends conserving
pollinator habitat where practicable.
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 (Myotis septentrionalis):
S&EC personnel conducted preliminary surveys for suitable habitat and individual Northern Long-
eared Bats (NLEB's) within the project area. During our survey, we found no individual species.
Relying upon the findings of the 1/5/2016 Programmatic Biological Opinion for Final 4(d) Rule on the
Northern Long -Eared Bat and Activities Excepted from Take Prohibitions to fulfill our project -specific
section 7 responsibilities." S&EC recognizes that the Asheville UFWS regional office has withdrawn
from the NLEB SLOPES agreement, and the Raleigh USFWS Regional office is anticipated to
withdraw as well. 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
Mill Stone Creek Subdivision - S&EC Threatened & Endangered Species Report
Page 4 of 5

March 1, 2023
S&EC Project #14074
in their conclusion letters, we have concluded that it appears the proposed project is not likely to
adversely affect any federally listed endangered or threatened species, their formally designated
critical habitat, or species currently proposed for listing under the Endangered Species Act (ESA).
We strongly recommend requesting a concurrence letter from the FWS.
Sincerely,
SOIL AND ENVIRONMENTAL CONSULTANTS, PA
Mason Digitally signed by Mason
Montgomery
MontgomeryDate: 2023.03.02 10:46:31
-05'00'
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. March 1, 2023.
7. NHP Report: February 22, 2023.
8. S&EC — FWS Species Conclusion Table. March 1, 2023.
9. S&EC — FWS Self -Certification Letter. March 1, 2023.
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/ Southeast Region. 2021. Carolina Madtom. Species Profile.
https://www.fws.gov/southeast/wildlife/fishes/Carolina-madtom/.
- U.S. Fish and Wildlife Service/ Southeast Region. 2021. Neuse River Waterdog... Species Profile.
https://www.fws. gov/southeast/wildlife/amphibians/neuse-river-waterdoe/
-U.S. Fish and Wildlife Service. 2021. Species Assessment (SSA) Report for the Tricolored Bat (Perimyotis subflavus)
Version 1.1. Hadley, MA.
-U.S Fish and Wildlife Service. 2022 Recommended Minimum Culvert Dimensions for Bat Roost Surveys in Western
North Carolina. Ashville, NC
Mill Stone Creek Subdivision - S&EC Threatened & Endangered Species Report
Page 5 of 5

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GENERAL NOTES
SITE DATA
1. A PORTION OF THIS PROPERTY IS LOCATED IN A FLOOD HAZARD AREA (PANEL NO.
3720278300K DATED 4/16/2013.
1. PROPERTY OWNER/DEVELOPER
F & B DEVELOPMENT CO, LLC.
4020 WAKE FOREST RD STE 102F
RALEIGH, NC 27609
2. THIS PROPERTY IS LOCATED IN THE WS-IV NSW CONTENTNEA CREEK PROTECTED
[phone] GREY BERRY
WATERSHED AREA.
2. CONTACT PERSON
PIEDMONT LAND DESIGN, LLP
3. NO BUILDING PERMIT SHALL BE ISSUED PRIOR TO THE PROPOSED STREET INSTALLED AND
ATTN. MIKE SCHNEIDER, PE
LAYERED WITH AT LEAST A GRAVEL SURFACE.
8522-204 SIX FORKS ROAD
RALEIGH NORTH CAROLINA 27615
4. NO BUILDING PERMIT SHALL BE ISSUED PRIOR TO THE CITY OF WILSON PUBLIC SERVICES
[phone] (PHONE)
(MIKES)O45-7703 ((NDD)ESIGN.COM
ENGINEERING DIVISION RECEIVING THE DIGITAL FILE FOR THE ABOVE -REFERENCED SITE
(E-MAIL)
PLAN. PLEASE CONTACT ENGINEERING MANAGER AT [phone] FOR ADDITIONAL
INFORMATION. ALSO ANY CHANGES THROUGHOUT THE DEVELOPMENT PROCESS SHALL
"AS
3. EXISTING LOT AREAS
TRACT 1 - 115.48 AC / TRACT 2 - 36.17 AC
REQUIRE AN -BUILT" SITE PLAN PRIOR TO ISSUANCE OF A CERTIFICATE OF
OCCUPANCY.
4. PROPOSED TOTAL PROJECT AREA
TRACT 1 - 121.00 AC / TRACT 2 - 30.65 AC
5. ALL PUBLIC SEWER AND STORM SEWER INFRASTRUCTURE SHALL BE INSTALLED BY THE
4. PARCEL DATA:
TRACT 1
DEVELOPER TO THE STANDARDS OF THE CITY OF WILSON PUBLIC SERVICES OR
PIN: 783546361
FINANCIALLY SECURED PRIOR TO RECORDING OF FINAL PLATS.
ADDRESS: 5774 US 264A HWY W
REF: D.B. 2890, PAGE 263
6. ALL PUBLIC WATER SUPPLY INFRASTRUCTURE SHALL BE INSTALLED BY THE DEVELOPER TO
THE STANDARDS OF OLD NORTH STATE OR FINANCIALLY SECURED PRIOR TO RECORDING
TRACT 2
OF FINAL PLATS.
PIN: 2783553165
ADDRESS: US 264 HWY
7. ALL PUBLIC IMPROVEMENTS SHALL BE INSPECTED BY THE CITY OF WILSON PRIOR TO THE
REF: D.B. 2890, PAGE 263
ISSUANCE OF ANY CERTIFICATE OF OCCUPANCY. CONTACT THE CONSTRUCTION INSPECTORS
FOR FURTHER INFORMATION AT [phone].
5. ZONING
TRACT 1 - CD-R-10
TRACT 2 - AR
8. A WILSON COUNTY AND CITY OF WILSON APPROVED FINAL PLAT DEPICTING THE PROPERTY
AS SHOWN ON THE APPROVED PRELIMINARY PLAN MUST BE PROPERLY RECORDED AT THE
6. MINIMUM LOT CRITERIA:
SETBACKS (CLUSTER DEVELOPMENT)
WILSON COUNTY REGISTER OF DEEDS PRIOR TO ISSUANCE OF BUILDING PERMITS.
FRONT: 22.5'
SIDE: 9'
9. WETLANDS SHOWN ON PROPERTY ARE PER U.S. ARMY CORPS OF ENGINEERS PRELIMINARY
SIDF: 15'
DETERMINATION (ACTION ID SAW-2020-00467).
CORNER: 15'
10. PROPERTY IS SUBJECT TO THE DEVELOPMENT AGREEMENT DATED MAY 31, 2019 BETWEEN
REQUIRED MINIMUM LOT WIDTH = 56.25'
BBJ&M HOLDING COMPANY, LLC AND THE CITY OF WILSON.
REQUIRED MINIMUM LOT SIZE = 7,500 SF
11. THIS PROPERTY IS SUBJECT TO THE ANNEXATION AGREEMENT WITH THE CITY OF WILSON
DATED MAY 31, 2019 AND RECORDED ON JUNE 27, 2019 IN BOOK 2790 PAGES 456-466,
OF THE WILSON COUNTY REGISTRY.
7. IMPERVIOUS AREAS
ROADWAYS/PARKING/SIDEWALKS - 11.0 AC
LOTS(2,600 SF LOT) - 18.03 AC
12. WHEREAS PIN 2783-54-6361, PIN 2783-73-0557 AND PIN 2783-55-3165 ARE THE
TOTAL - 29.03 AC
SUBJECT PROPERTIES OF THE AFOREMENTIONED ANNEXATION AND DEVELOPMENT
AGREEMENTS.
13. EACH RESIDENTIAL LOT IS LIMITED TO 2,600 SQ FT OF IMPERVIOUS SURFACE.
8. PROPOSED BUILT UPON AREA
29.03 AC / 121.0 AC = 24.0% LOW DENSITY
14. MAIL KIOSKS SHALL COMPLY WITH NCDOT "POLICY FOR PLACEMENT OF MAIL CLUSTER BOX
UNITS IN SUBDIVISIONS" DATED SEPTEMBER 1, 2015 OR MOST RECENT UPDATE.
15. PROPERTY OWNER ASSOCIATION MUST BE ESTABLISHED AND ALL COMMON AREAS MUST BE
9• OPEN SPACE
REQUIRED - 24.2 AC (20% OF TOTAL)
CONVEYED TO SAID ASSOCIATION AT TIME OF FINAL PLAT RECORDING. (SEE SECTION 12.1
PROPOSED - 45.40 AC
WILSON COUNTY UDO)
10. CURRENT USE
VACANT
16. THE UTILITIES ON THIS PLAN ARE APPROXIMATE ONLY, AND ARE NOT ACCURATE FOR
CONSTRUCTION PURPOSES. FOR FIELD LOCATIONS CALL 811 WITH THREE (3) WORKING
DAYS MINIMUM NOTICE.
11. PROPOSED NUMBER OF LOTS
302
12. PROPOSED USE
SINGLE FAMILY RESIDENTIAL
13. HISTORIC STRUCTURES
NONE ARE LOCATED ON SITE
R\W
TYPICAL STREET SECTIONS
NTS
4' 5.5'
30" VALLEY
CURB & GUTTER
( TYP. )
R\W
5' , 6.5'
30" VALLEY
CURB & GUTTER
( TYP. )
50' R
25'
15.5'
1\4" PER FT
25'
15.5'
1 \4" PER FT.
50' R/W - 31' 6-6
50'
25'
13.5'
1\4" PER FT
25'
13.5'
1 \4" PER FT.
50' R/W - 27' 6-6
5.5' , 4'
4" THICK NCDOT
CLASS A
CONCRETE S/W
6.5' , 5'
4" THICK NCDOT
CLASS A
CONCRETE S/W
14. FEMA FLOODPLAIN PROPERTY IS LOCATED IN A FLOOD HAZARD AREA
(PANEL NO. 3720278300K DATED 4/16/2013)
15. WATERSHED NEUSE RIVER - WS-IV NSW CONTENTNEA CREEK
PROTECTED WATERSHED AREA
16. PROPOSED PUBLIC ROAD LENGTH 12,262 LF (+/-)
HATCH LEGEND
R\W
PROPOSED OPEN SPACE
EXISTING WETLANDS AREA
EXISTING TRACT 2 AREA TO BE
R\W RECOMBINED WITH TRACT 1
0 200 400 600
SCALE IN FEET
NORTH
PIEDMONT LAND DESIGN, LLP
8522-204 SIX FORKS ROAD
RALEIGH, NORTH CAROLINA 27615
919.845.7600 PHONE
919.845.7703 FAX
ENGR. FIRM LICENSE NO. F-0843
PRELIMINARY
NOT FOR CONSTRUCTION
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United States Department of the Interior
FISH AND WILDLIFE SERVICE
Raleigh Ecological Services Field Office
Post Office Box 33726
Raleigh, NC 27636-3726
Phone: [phone] Fax: [phone]
In Reply Refer To:
Project Code: 2023-0048252
Project Name: Millstone Creek Subdivision
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March 01, 2023
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

03/01/2023
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.

03/01/2023
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

03/01/2023
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
[phone]

03/01/2023
PROJECT SUMMARY
Project Code: 2023-0048252
Project Name: Millstone Creek Subdivision
Project Type: Residential Construction
Project Description: This project is located in Wilson County, NC and is approximately 180
acres.
Project Location:
The approximate location of the project can be viewed in Google Maps: https:
www. google.com/maps/(a)35.7633067,-78.03530188009677,14z
Counties: Wilson County, North Carolina

03/01/2023 3
ENDANGERED SPECIES ACT SPECIES
There is a total of 5 threatened, endangered, or candidate species on this species list.
Species on this list should be considered in an effects analysis for your project and could include
species that exist in another geographic area. For example, certain fish may appear on the species
list because a project could affect downstream species.
IPaC does not display listed species or critical habitats under the sole jurisdiction of NOAA
Fisheriesi, 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.
MAMMALS
NAME
Tricolored Bat Perimyotis subflavus
No critical habitat has been designated for this species.
Species profile: https:Hecos.fws.gov/ecp/species/10515
AMPHIBIANS
NAME
STATUS
Proposed
Endangered
STATUS
Neuse River Waterdog Necturus lewisi Threatened
There is final critical habitat for this species. Your location does not overlap the critical habitat.
Species profile: https:Hecos.fws.gov/ecp/species/6772
FISHES
NAME
STATUS
Carolina Madtom Noturus furiosus Endangered
There is final critical habitat for this species. Your location does not overlap the critical habitat.
Species profile: https:Hecos.fws.gov/ecp/species/528
CLAMS
NAME
STATUS
Atlantic Pigtoe Fusconaia masoni Threatened
There is final critical habitat for this species. Your location does not overlap the critical habitat.
Species profile: https:Hecos.fws.gov/ecp/species/5164

03/01/2023
INSECTS
NAME STATUS
Monarch Butterfly Danaus plexippus Candidate
No critical habitat has been designated for this species.
Species profile: https:Hecos.fws.gov/ecp/species/9743
CRITICAL HABITATS
THERE ARE NO CRITICAL HABITATS WITHIN YOUR PROJECT AREA UNDER THIS OFFICE'S
JURISDICTION.

03/01/2023
MIGRATORY BIRDS
Certain birds are protected under the Migratory Bird Treaty Act! and the Bald and Golden Eagle
Protection Actz.
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 Treat. 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
Chimney Swift Chaetura pelagica
This is a Bird of Conservation Concern (BCC) throughout its range in the
continental USA and Alaska.
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.
BREEDING SEASON
Breeds Mar 15 to Aug
25
Breeds May 1 to Jul 31
Breeds Apr 1 to Jul 31

03/01/2023
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
(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 (1)
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

03/01/2023 3
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.
- probability of presence breeding season I survey effort — no data
SPECIES JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC
Chimney Swift BCC Rangewide ---- ---- —�11 111� I��I IIII 1�11 �`■■ — — — -
- — — -
- — — -
- — —
(CON)
Prairie warbler ---- ---- ---- ---- IIII IIII IIII ---- ---- ---- ---- ---
BCC Rangewide
(CON)
ProthonWarbler
nt ---- ---- ----IIII IIII IIII IIII ---- ---- ---- ---- ---
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/avoidinp--and-minimizinv--incidental-take-mip-ratorv-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 list of migratory birds that potentially occur in my
specified location?
The Migratory Bird Resource List is comprised of USFWS Birds of Conservation Concern
(BCQ and other species that may warrant special attention in your project location.

03/01/2023 4
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 Rapid Avian Information
Locator (RAIL,) Tool.
What does IPaC use to generate the probability of presence graphs for the migratory birds
potentially occurring in my specified location?
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 or migrating in my 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 query your location using the RAIL Tool and look
at the range maps provided for birds in your area at the bottom of the profiles provided for each
bird in your results. 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).

03/01/2023 5
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.
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 Lorin.
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.

03/01/2023
[:]
IPAC USER CONTACT INFORMATION
Agency: Soil & Environmental Consultants, PA
Name: Mason Montgomery
Address: 8412 Falls of Neuse Road
Address Line 2: Suite 104
City: Raleigh
State: NC
Zip: 27615
Email [e-mail]
Phone: [phone]

■�r'f NC DEPARTMENT CF
Nor III
JUKE NATURAL AND CULTURAL RESOURCES
No I
February 22, 2023
Robert Zarzecki
Soil & Environmental Consultants, PA
8412 Falls of Neuse Road, Suite 104
Raleigh, NC 27615
RE. Mill Stone Creek Subdivision, 14074.W5
Dear Robert Zarzecki:
Ray Cooper, Governor
13. Reid Wilson, Secretary
Misty Buchanan
Deputy Director, Natural Heritage Program
NCNHDE-21034
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.
httl2s //www.fws.gov/offices/Directory/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 rod ney.butlerLncdcr.gov or 919-707-8603.
Sincerely,
NC Natural Heritage Program
DEPARTt1ENT OF NATURAL AND CULTURAL RESOURCES
4] 121 W JONES STREET, RALEI01_ NC 27603 - 1651 MAIL SERVICE CENTER. RALEIGH. NC 2761*
OFC !Dig 707.9120 • FAX 919.707.412,

Natural Heritage Element Occurrences, Natural Areas, and Managed Areas Within a One -mile Radius of the Project Area
Mill Stone Creek Subdivision
Project No. 14074.W5
February 22, 2023
NCNHDE-21034
Element Occurrences Documented Within a One -mile Radius of the Project Area
Taxonomic
EO ID cientific Name Common Name
Group
Observation
Date
Bird
6185 Dryobates borealis Red -cockaded
1975
Woodpecker
Freshwater
37319 Elliptic fisheriana Northern Lance
2016-04-29
Bivalve
No Natural Areas are Documented Within a One -mile Radius of the Project Area
Managed Areas Documented Within a One -mile Radius of the Project Area
Managed Area Nam Owner
Town of Sims - Town of Sims Park Town of Sims
Element Accuracy Federal State
Occurrence Status Status
Rank AL d
H 4-Low Endangered Endangered
Global State
Rank Rank
G3 S2
E 3-Medium --- Significantly G4 S3
Ra re
Owner Type
Local Government
Definitions and an explanation of status designations and codes can be found at httr)s://ncnhde.natureserve.ora/heir). Data query generated on February 22, 2023; source: NCNHP, Q4, Winter (January)
2023. 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

NCNHDE-21034: Mill Stone Creek Subdivision
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Page 3 of 3

Species Conclusions Table
Project Name: Mill Stone Creek Subdivision
Date: March 1, 2023
/ Resource Name
Conclusion
ESA Section 7 / Eagle Act Determination
Notes / Documentation
-Species
Tricolored Bat
Suitable habitat present,
May affect, not likely to adversely affect
Preliminary habitat survey completed by
(Perimyotis subfiavus)
species not present
S&EC staff on February 28, 2023.
Neuse River Waterdog
Suitable habitat present,
May affect, not likely to adversely affect
Preliminary habitat survey completed by
(Necturus lewisi)
species not present
S&EC staff on February 28, 2023.
Carolina Madtom
Suitable habitat present,
May affect, not likely to adversely affect
Preliminary habitat survey completed by
(Noturus furiosus)
species not present
S&EC staff on February 28, 2023.
Atlantic Pigtoe
Suitable habitat present,
May affect, not likely to adversely affect
Preliminary habitat survey completed by
(Fusconaia masoni)
species not present
S&EC staff on February 28, 2023.
Bald Eagle
Unlikely to disturb nesting
No Eagle Act permit required
Preliminary habitat survey completed by
(Haliaeetus leucocephalus)
Bald Eagles
S&EC staff on February 28, 2023.
Northern Long-eared Bat
Suitable habitat present,
May affect, not likely to adversely affect
Preliminary habitat survey completed by
(Myotis septentrionalis)
species not present
S&EC staff on February 28, 2023. 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.
Critical Habitat
No critical habitat present
No effect
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 March 1, 2023
Signature /Title Date

U.t�.
FIE3LI Y Wrt.M amc
SNNVICIi
United States Department of the Interior
Project Name
FISH AND WILDLIFE SERVICE
Raleigh Field Office
P.O. Box 33726
Raleigh, NC 27636-3726
Date: 03/0 1 /2023
Self -Certification Letter
Mill Stone Creek Subdivision
Dear Applicant:
Thank you for using the U.S. Fish and Wildlife Service (Service) Raleigh Ecological
Services online project review process. By printing this letter in conjunction with your
project review package, you are certifying that you have completed the online project
review process for the project named above in accordance with all instructions
provided, using the best available information to reach your conclusions. This letter,
and the enclosed project review package, completes the review of your project in
accordance with the Endangered Species Act of 1973 (16 U.S.C. 1531-1544, 87 Stat.
884), as amended (ESA), and the Bald and Golden Eagle Protection Act (16 U.S.C.
668-668c, 54 Stat. 250), as amended (Eagle Act). This letter also provides
information for your project review under the National Environmental Policy Act of
1969 (P.L. 91-190, 42 U.S.C. 4321-4347, 83 Stat. 852), as amended. A copy of this
letter and the project review package must be submitted to this office for this
certification to be valid. This letter and the project review package will be maintained
in our records.
The species conclusions table in the enclosed project review package summarizes
your ESA and Eagle Act conclusions. Based on your analysis, mark all the
determinations that apply:
"no effect" determinations for proposed/listed species and/or ❑
proposed/designated critical habitat; and/or
✓❑ "may affect, not likely to adversely affect" determinations for proposed/listed
species and/or proposed/designated critical habitat; and/or
❑ "may affect, likely to adversely affect" determination for the Northern long-
eared bat (Myotis septentrionalis) and relying on the findings of the January 5,
2016, Programmatic Biological Opinion for the Final 4(d) Rule on the
Northern long-eared bat;
0 "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 [e-mail] 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