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HomeMy WebLinkAbout20230573 Ver 1_PCN Attachments_Haddonstone_20230419PCN Attachments 1. AGENT AUTHORIZATION 2. NCDWR PRE -FILING ACKNOWLEDGEMENT 3. USGS TOPO VICINITY MAP 4. NRCS COUNTY SOIL SURVEY VICINITY MAP 5. USACE JURISDICTIONAL DETERMINATION (PJD/AJD/CONCURRENCE EMAIL) 6. S&EC SKETCH MAP 7. NCDWR BUFFER DETERMINATION LETTER 8. COMPENSATORY MITIGATION SOA LETTER (WETLAND MITIGATION) 9. COMPENSATORY MITIGATION SOA LETTERS (BUFFER MITIGATION) 10. S&EC THREATENED & ENDANGERD SPECIES REPORT 11. USFWS EMAIL RESPONSE/CONCURRENCE 12. STATE HISTORIC PRESERVATION OFFICE LETTER 13. EXISTING CONDITIONS & PROPOSED CONDITIONS MAPS 14.IMPACT EXHIBITS (STREAM & BUFFER SEPARATED) 15. CULVERT PLAN & PROFILES 16. CULVERT BYPASS PLANS Environmental Consultants, 8412 Falls of Neuse Road, Suite 104, RnUgh, NC 27615 • Phone: (919) 846-5900 • Fax: (919) 846-9467 sandcc.eom PROPERTY OWNER CERTIFICATION / AGENT AUTHORIZATION Project Name/Description: AICGIi�,/>c_� (/ti S&EC Project # Date: 00. 0 The Department of the Army U.S. Army Corps of Engineers, Wilmington District 69 Darlington Avenue Wilmington, NC 28403 Attn: Field Office: I, the undersigned, a duly authorized owner of record of the property/properties identified herein, do authorize representatives of the Wilmington District, U.S. Army Corps of Engineers (Corps) and Soil & Environmental Consultants, PA (S&EC) staff, as my agent, to enter upon the property herein described for the purpose of conducting on -site investigations and issuing a determination associated with Waters of the U.S. subject to Federal jurisdiction under Section 404 of the Clean Water Act and/or Section 10 of the Rivers and Harbors Act of 1899. This document also authorizes S&EC, as my agent, to act on my behalf and take all actions necessary for the processing, issuance and acceptance of a permit or certification and any and all associated standard and special conditions.This notification supersedes any previous correspondence concerning the agent for this project. NOTICE: This authorization, for liability and professional courtesy reasons, is valid only for government officials to enter the property when accompanied by S&EC staff. You should call S&EC to arrange a site meeting prior to visiting the site. PARCEL INFORMATION: Parcel Index Number(s) (PIN): 1 ?1-_-�6 3 /7/gO-39057 Site Address: 3 0/! �rq,/TAhgd1 WO City, County, State: �1Q �2 r� t G r+ , iU C PROPERTY OWNER INFORMATION: Name: ----I 7YWLIr V 11vt 01ye-T rt) Mailing Address: I1 %/U Afy ire 4 Avg Tele hone Number: _ � f 9 " ]d -( — Q 6 9lW-'J r 4TCif_K� Property_q_yper (please print) Owner Signature Z_L Date We hereby certify the above information submitted in this application is true and accurate to the best of our knowledge. Vit 0U/4c) Deborah Shirley From: Camden Brunick Sent: Tuesday, August 16, 2022 10:11 AM To: 401 PreFile@ncdenr.gov Subject: Pre -filing Meeting Request - McGrady Farms Attachments: Overall - Pre-filing.pdf Good morning Colleen, This pre -filing meeting request is for the McGrady Farms project located at 3115 Garner Road in Raleigh, Wake County, NC. The project is approximately 47 acres. The project purpose is to construct a multi -family residential development and its necessary infrastructure including but not limited to; residential lots, roadway infrastructure, SCM's, amenity center and utilities. Specifically, there are three (3) road crossings that impact streams, wetlands, and buffers, three (3) utility crossings that impact streams, wetlands, buffers, and two (2) SCM outlets that impact buffers. Existing conditions onsite consists primarily of underdeveloped forested land. Specifically, there are twelve (12) wetlands, one (1) pond, one (1) perennial stream, and three (3) intermittent streams located on property. General land use in the vicinity of the project consists of forested land and residential areas. Garner Rd bounds the property to the west. Please see the attached site plan above. Please note this may change as we work with the engineers on minimizing impacts. Project Name: McGrady Farms County: Wake Applicant Name: Stanley Martin Companies, LLC (attn: Brian Ketchem) Applicant Email:- KetchemBK@stanleymartin.com Thank you, CAMDEN BRUNICK Environmental Consultant Soil & Environmental Consultants, PA North Quarter Office Park 8412 Falls of Neuse Road, Suite 104 Raleigh, NC 27615 (919)219-6162(cell) qJ `SAVANNAH'DR' s r ooa, B av a ` RICOCHET CDR UJAMAA DR LOMBAR ST, C'l VO erdale NO THVIEW ST sr SOUTH 0 a i loverdale \%.� Egon wB � DR. o ¢._ 1QNC Center for Gerogr phic 4nformatibn &Analysis Project Number: Map Title: N 13793.W1 0 1,000 2,000 Project Manager: Figure 1- USGS Map I I I I I I I I SB 3115 Garner Road, Feet Scale: 1 1000' Wake County, NC " = Source: 2016 NC Lake Soil & Environmental Consultants, PA Date: 8412 FA, of Na,- RoA. Sure 1K RA,igh. NC 27615 • Ph.- (919) 846-5900 • Fa,,: (919) 846-946 02/21/2019 Wheeler & Garner Quad '- 4 1 A p I h i CeC2i f Ap ApB2 w$- r ' r ApiD Vol j O A p C Pond 1 r t _ r i L it �. n ' _i 7■- t 4 B FF . ApEI -�$ 4, It ; A p� 1 in 0 a 01 c Ap yip` T �f F-F{� x ; 6 0 r INC Cente.forl Geographic I iiiform i n& n I s Project Number: Map Title: N 13793.W1 0 500 1,000 Project Manager: Figure 2- Soil Survey/ I I I I I I I I I SB 3115 Garner Road, Feet Scale: 1500' Wake County, NC " = • Date: Source:Wake County Soil Soil & Environmental Consultants, PA 02/21/2019 Survey Sheet 69 8412 FallsofN—Road, Suite 104, Raleigh NC27615•Phone:(919)W-5900•Fax(919)W-9467 amdee.com Deborah Shirley From: Phillips, George L CIV USARMY CESAW (USA) <George.L.Phillips@usace.army.mil> Sent: Friday, February 4, 2022 12:37 PM To: Steven Ball Subject: RE: SAW-2020-00838--Garner Road Site / 3115 Garner Road / Raleigh NC / Wake County Attachments: Wetland Sketch Map.pdf Mr. Ball, Based on my site visit on 07/30/2020 the Corps concurs with the delineation within the red outlined "Evaluation Area" depicted on the attached "Wetland Sketch Map" exhibit. It may take 90-120 days for the issuance of a written jurisdictional determination. The delineation may be used for planning and permitting purposes. The AID for the project is SAW-2020-00838. I have attached the "Wetland Sketch Map" exhibit for reference. Please let me know if you have any questions or concerns. 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. 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. From: Steven Ball <sball@sandec.com> Sent: Wednesday, February 2, 2022 1:53 PM To: Phillips, George L CIV USARMY CESAW (USA) <George.L.Phi llips@usace.army.mil> Subject: [URL Verdict: Unknown][Non-DoD Source] FW: SAW-2020-00838--Garner Road Site / 3115 Garner Road / Raleigh NC / Wake County Importance: High Hey Lyle, I may be missing it, but did you ever send concurrence on this one that we met on awhile back? Steven Ball, RF, PWS Project Manager NC Registered Forester #1723 Professional Wetland Scientist #2732 Soil & Environmental Consultants, PA North Quarter Office Park 8412 Falls of Neuse Road, Suite 104 Raleigh, NC 27615 Office 919-846-5900 Mobile (919) 691-2114 sball@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. From: RaleighNCREG <RaleighNCREG@usace.army.mil> Sent: Friday, May 8, 2020 7:14 AM To: Steven Ball <sball@sandec.com>; Josh Harvey <Iharvey@sandec.com> Cc: Bailey, David E CIV USARMY CESAW (USA)<David.E.Bailey2@usace.army.mil> Subject: SAW-2020-00838--Garner Road Site / 3115 Garner Road / Raleigh NC / Wake County Importance: High (Submittal Website) RaleighNCREG@usace.army.mil We received your request. We have assigned the request file number SAW-2020-00838 and forwarded it to (David Bailey) for processing, please refer to this number on all correspondence, for future reference, we are currently implementing a new system for receiving requests. We now have a centralized location, where all of these requests should be sent. Please send the completed form and supporting information to: RaleighNCREG@usace.army.mil Also, please feel free to contact assigned Project Manager above via email if you have any questions or concerns. Sincerely, Joyce Thames 4 ROY COOPER Governor MICHAEL S. REGAN Secretary S. DANI£L SMITH Director Stanley Martin Companies LLC 11710 Plaza American Dr Ste # 1100 Reston, Virginia 27610 NORTH CAROLINA Environmental Quality June 09, 2020 Subject: Buffer Determination Letter NBRRO #20-140 Wake County Determination Type: Buffer Internuttent/Perennial ® Neuse (15A NCAC 2B .0233) ❑ Tar -Pamlico (15A NCAC 2B .0259) ❑ Intermittent/Perennial Determination (where local buffer ordinances apply) ❑ Jordan (15A NCAC 2B .0267) (governmental and/or interjurisdictional projects) Project Name: Address/Location: Stream(s): Garner Road Site 3115 Garner Road, Raleigh UT to Little Ann Branch Determination Date: 06/02/2020 Staff: Erin Deck Stream Not Subject Subject Start@ Stop(a Soil Survey USGS Topo Pond 1 X X X A X Pond 1 Off property X B X Throughout X X C X Throughout X E X I X (1) E Ephemeral, I=Intermittent, P Perennial, NP=Not Present, NA Not applicable (2) Refers to riparian huller rules only. Stream, wetland, or pond impacts may still he subject to applicable water quality standards and permitting requirements. Explanation: The features(s) listed above has 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 feature that is checked "Not Subject" has been determined to not beat 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 features 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 Q63A North Carolina Department of Environmental Quality I Division of Water Resources Raleigh Regional Office 13800 Barrett Drive I Raleigh, North Carolina 27609 n. _..tmUA 919.791,4200 Garner Road Site Wake County 06/02/2020 Page 2 of 4 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: c/o 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, 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 Erin Deck at (919) 791-4200, or by email at Erin.Deck@ncdenr.gov Sincerely, DOCUSigned by: Scott Vinson, Regiona��upery sorr Water Quality Regional Operations Section Raleigh Regional Office Division of Water Resources, NCDEQ cc: RRO DWR File Copy Steven Ball via email:sball@sandec.com Garner Road Site Wake County 06/02/2020 Page 3 of 4 82 q C �— GeC2 p '9 ^ C r B p � ,. _i CIB, r ..r , �, q� Ap NrA " B C2 A�iC2 '` C`eB2 in D af t' rV + • B: 'mil �v A 1� C itOT rect um r: �p TrHe; �s�93.w� 0 500 1,00C Project Mares Figure 2- Soil Survey � I I I I i SE 3115 Garner Road, Feet Scale- Wake County, NC ` loll A Environmental Consultants, PA Date.-���-Wake County Soil . 02121 I2019 Survey Sheet 69 - Gamer Road Site Wake County 06/02/2020 Page 4 of 4 —SAVANNAH'DR SHE �£IMI DR Pond 1 \ti RKDCHFT UR LOMBAN ST f t erdale �► ORTHYIEW ST -OP I j J CI1O�;3✓rdal� 1 _ I _. -- _ ■.ram ,f �� - �: Project Number: Map Title: 13793A1 Figure 1 - 1J5G5 Map 0 1,000 2,000 Project Manager:I i a I I I 1 I S B 3115 Garner Road, Feet Scale: Wake County. NC 1 " = 1000' Date Source.• 2019 NC Lake 5oi1rdx xnvironmentnt al COnsultaa, PA 05/07/2020 Wheeler & Garner Quad `�" fires EBX-Neuse I, LLC Stream and Wetland Banks Statement of Availability April 17, 2023 U.S. Army Corps of Engineers Lyle Phillips Raleigh Regulatory Field Office 3331 Heritage Trade Center, Suite 105 Wake Forest, NC 27587 Re Project: Haddonstone This document confirms that Stanley Martin Homes, LLC (Applicant) for the Haddonstone (Project) has expressed an interest to utilize 746.00 Stream Mitigation Credits from the EBX-Neuse sponsored Neu -Con Wetland & Stream Umbrella Mitigation Bank, specifically 4 74. 00 stream credits from the Bucher Site and 272.00 stream credits from the Poplar Creek site, in the Neuse HUC 03020201. As the official Bank Sponsor, EBX-Neuse I, LLC, attests to the fact that mitigation is available for reservation at this time. These mitigation credits are not considered secured, and consequently are eligible to be used for alternate purposes by the Bank Sponsor, until payment in full is received from the Applicant resulting in the issuance of a Mitigation Credit Transfer Certificate by the bank acknowledging that the Applicant has fully secured credits from the bank and the Banker has accepted full responsibility for the mitigation obligation requiring the credits/units. The Banker will issue the Mitigation Credit Transfer Certificate within three (3) days of receipt of the purchase price. Banker shall provide to Applicant a copy of the Mitigation Credit Transfer Certificate and a documented copy of the debit of credits from the Bank Official Credit Ledger(s), indicating the permit number and the resource type secured by the applicant. A copy of the Mitigation Credit Transfer Certificate, with an updated Official Credit Ledger will also be sent to regulatory agencies showing the proper documentation. If any questions need to be answered, please contact me at 919-209-1055 or astaley(ares.us. Best Regards, Amy Staley Resource Environmental Solutions, LLC 3600 Glenwood Avenue, Suite 100 Raleigh, NC 27612 EBX Buffer Mitigation Banks Statement of Availability April 17, 2023 NC Division of Water Resources Zachary Thomas 512 N. Salisbury St. Archdale Building, 9th floor Raleigh, NC 27604 Re Project: Haddonstone fires This document confirms that Stanley Martin Companies, LLC (Applicant) for the Haddonstone (Project) has expressed an interest to utilize 66,725.25 Square Feet of Riparian Buffer Mitigation Credits from one of the following banks, EBX- Neuse I, LLC Neuse Riparian Buffer Umbrella Mitigation Bank, RES Neuse Buffer and Nutrient Offset Umbrella Mitigation Bank, RES Poplar Creek Buffer & Nutrient Offset Umbrella Mitigation Bank, EBX Upper Neuse Riparian Buffer Umbrella Mitigation Bank, RES 2021 Neuse Umbrella Mitigation Bank, or RES 2022 Phase II Umbrella Mitigation Bank. Specific bank sites that may be debited are Buffalo Branch, Selma Mill, Cedar Grove, Hatley, Bucher, Hannah Bridge, Stone Creek, Meadow Spring, Uzzle, Poplar Creek, Polecat, Wolf King and Thunder Swamp Phase II, all located in HUC 03020201. As the official Bank Sponsor, Environmental Banc & Exchange (EBX), attests to the fact that mitigation is available for reservation at this time. These mitigation credits are not considered secured, and consequently are eligible to be used for alternate purposes by the Bank Sponsor, until payment in full is received from the Applicant resulting in the issuance of a Mitigation Credit Transfer Certificate by the bank acknowledging that the Applicant has fully secured credits from the bank and the Banker has accepted full responsibility for the mitigation obligation requiring the credits/units. The Banker will issue the Mitigation Credit Transfer Certificate within three (3) days of receipt of the purchase price. Banker shall provide to Applicant a copy of the Mitigation Credit Transfer Certificate and a documented copy of the debit of credits from the Bank Official Credit Ledger(s), indicating the permit number and the resource type secured by the applicant. A copy of the Mitigation Credit Transfer Certificate, with an updated Official Credit Ledger will also be sent to regulatory agencies showing the proper documentation. Please contact me at 919-209-1055 or astaley(o)res.us if you have any questions. Thank you! Amy Staley Credit Sales Manager Bank Sponsor — EBX Neuse I, LLC and Environmental Banc & Exchange (EBX) W10.* WILDLANDS E N G I N E E R I N G Neuse 01(Falls and Non -Falls Lake Watershed) Riparian Buffer Credits Statement of Availability April 4, 2023 Stanley Martin Companies, LLC Attn: Brian Ketchem 11710 Plaza America Drive, Suite 1100 Reston, VA 20190 RE: Availability of Riparian Buffer Credits for the "Haddonstone" project Permittee: Stanley Martin Companies, LLC Riparian Buffer Credits Needed: 86,321 sq. ft. Riparian Buffer Credits Available: 246,435 sq. ft. Neuse River Basin (03020201) — Non -Falls and Falls Lake Watershed BANK NAME BANK SPONSOR DWR PROJECT NUMBER Anderson Farm Mitigation Bank Parcel Wildlands Holdings III, LLC 2021-00230 Black Dirt Mitigation Bank Parcel Wildlands Holdings III, LLC 2021-0206v2 Cox Pond Mitigation Bank Parcel Wildlands Holdings III, LLC 2020-1942v2 Falling Creek Mitigation Bank Parcel Wildlands Holdings III, LLC 2015-0572v2 Grantham Branch Mitigation Bank Parcel Wildlands Holdings III, LLC 2017-0687v2 Little River Weaver Mitigation Bank Parcel Wildlands Holdings III, LLC 2020-1941v2 Long Pond Mitigation Bank Parcel Wildlands Holdings III, LLC 2019-1639v2 Moccasin Creek Mitigation Bank Parcel Wildlands Holdings III, LLC 2019-0239v2 O'Berry Road Mitigation Bank Parcel Wildlands Holdings III, LLC 2021-0019v2 Rosewood Mitigation Bank Parcel Wildlands Holdings III, LLC 2020-1940v2 Sassarixa Swamp II Mitigation Bank Parcel Wildlands Holdings III, LLC 2019-0661 Thoroughfare Swamp Mitigation Bank Parcel Wildlands Holdings III, LLC 2019-0044v2 Catfish Pond II Mitigation Bank Parcel Wildlands Holdings V, LLC 2018-0196v2 Perry Hill II Mitigation Bank Parcel Wildlands Holdings V, LLC 2019-01570 Wolfe Mitigation Bank Wildlands Holdings V, LLC 2018-0580 Dear Mr. Ketchem, Wildlands Holdings III, LLC and Wildlands Holdings V, LLC, owned and operated by Wildlands Engineering, Inc., currently have sufficient riparian buffer credits from the above -mentioned banks to satisfy the riparian buffer mitigation requirements related to your project. The project is located within the service area (HUC 03020201), of the Banks. This letter is simply a statement of availability of credits as of the date written. It is neither a guarantee of future credit availability, nor a guarantee of credit pricing. Credits are sold on a first come, first serve basis at the Bank's price at the time an invoice is requested. Invoices reserve both the credits and the price for a period of 30 days. Credits and associated pricing may be reserved for up to 6 months with a signed reservation Wildlands Holdings III & V, LLC • Wildlands Engineering, Inc • 1430 South Mint Street, Suite 104, Charlotte, NC 28203 W10.* WILDLANDS E N G I N E E R I N G agreement and a 10% deposit. Final transfer of the credits will be made upon receipt of a copy of the 401 Water Quality Certification and Authorization Certificate from the NC Department of Environmental Quality -Division of Water Resources approving the Riparian Buffer mitigation purchase from the Bank and upon receipt of your payment to Wildlands Holdings III, LLC or Wildlands Holdings V, LLC (depending on availability at the time of permit issuance). We will then issue a credit transfer certificate verifying your credit purchase to the North Carolina Division of Water Resources and to you for your records. We appreciate the opportunity to assist you with your mitigation requirements. Please contact me at (704) 332- 7754 x114 or cbrunick@wildlandseng.com if you have any questions or need any additional information. Sincerely, Camden M. Brunick Wildlands Engineering, Inc. Mitigation Credit Sales cbrunick@wildlandseng.com 0: (704) 332-7754 ext. 114 M: (919) 219-6162 Cc: Ms. Katie Merritt, Nutrient Offset & Buffer Banking Coordinator I NC Division of Water Resources Wildlands Holdings III & V, LLC • Wildlands Engineering, Inc • 1430 South Mint Street, Suite 104, Charlotte, NC 28203 Environmental Consultants, 8412 Falls of Neuse Road, Suite 104, Raleigh, NC 27615 • Phone; (919) 846-5900 sandec.com To: U.S. Fish and Wildlife Service August 19, 2022 Raleigh Field Office S&EC Project No: 13793.W5 P.O. Box 33726 Raleigh, NC 27636-3726 Re: Online Project Review Request, McGrady Farm Subdivision, Raleigh — 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 August 19, 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 that is proposing impacts to wetlands and streams. The location of the project and the action area are identified on the enclosed maps. McGrady Farm Subdivision (35.737712,-78.626874). The site is located at 3115 Garner Road, Raleigh - 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 6. FWS Official Species List 2. S&EC T&E Species Report 7. NIP Report 3. Vicinity Maps 8. FWS Species Conclusion Table 4. S&EC Photo Report 9. FWS Self -Certification Letter 5. Overall Site Plan Soil & Environmental Consultants, PA 8412 Falls of Neuse Road, Suite 104, Raleigh, NC: 27615 • Phone: (919) 846-5900 •lax: (919) 846-9467 sandcc.com August 19, 2022 S&EC Project No.: 13793.W5 To: Stanley Martin Homes Attn: Brian Ketchem 4020 Westchase Blvd #470 Raleigh, NC 27607 Re: THREATENED & ENDANGERED SPECIES REPORT McGrady Farm Subdivision (+/- 46 acres) 3115 Garner Road, Raleigh, Wake County, NC Dear Mr. Ketchem: On August 15, 2022, Soil & Environmental Consultants, PA (S&EC) evaluated the McGrady Farm Subdivision property shown on the attached maps for potential endangered species. The property is located at 3115 Garner Road in Wake County, NC. Surface waters on -site flow into Walnut 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. McGrady Farm SD - S&EC Threatened & Endangered Species Report Page 1 of 6 August 19, 2022 S&EC Project #13793.W5 RESULTS: The FWS official species list identified the following species for the Evaluation limits: • Red -cockaded Woodpecker (Picoides borealis) , Endangered • Neuse River Waterdog (Necturus lewisl) , Threatened • Carolina Madtom (Noturus furiosus) , Endangered • Atlantic Pigtoe (Fusconaia masons), Threatened • Dwarf Wedgemussel (Alasmidonta heterodon) , Endangered • Monarch Butterfly (Danaus plexippus) , Candidate • Michaux's Sumac (Rhus michauxil) , Endangered Of the species identified on the official species list, the NHP report did not identify any Federally threatened or endangered species within the project area or within one mile of the project area. Other State listed species were found within the project area as listed in the attached NHP report. The NHP report identified six 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 lewisil: 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 McCrady Farm SD - S&EC Threatened & Endangered Species Report Page 2 of 6 August 19, 2022 S&EC Project #13793.W5 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 on -site. The perennial stream on -site was +/A 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 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 not list any known elemental occurrence within the project area or within one mile of the site. This species is found in the Neuse River and Tar River basins. The suitable habitat this species is found in is also medium to large streams and rivers with a moderate gradient and large bed material. The Carolina Madtom also needs continuous year-round flow and cover for nesting habitat. While we did not specifically sample for the species, we also did not find any evidence of the species while conducting our preliminary surveys of the streams for potential suitable habitat. Our preliminary survey concluded that potential suitable habitat does not exist on -site. The perennial stream on -site was +/A 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 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 McCrady Farm SD - S&EC Threatened & Endangered Species Report Page 3 of 6 August 19, 2022 S&EC Project #13793.W5 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 on -site. The perennial stream on -site was +/A 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 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 on -site. The perennial stream on -site was +/-4 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 have "No effect" on the Dwarf Wedgemussel. MONARCH BUTTERFLY Manaus 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. 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 McCrady Farm SD - S&EC Threatened & Endangered Species Report Page 4 of 6 August 19, 2022 S&EC Project #13793.W5 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 the pond edge, and road. Given the lack of species present within the areas believed to be 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 (Myotis septentrionalis): S&EC personnel conducted preliminary surveys for suitable habitat and individual Northern Long- eared Bats (NLEB's) within the project area. During our survey, we found no individual species. Relying upon the findings of the 1/5/2016 Programmatic Biological Opinion for Final 4 (d) Rule on the Northern Long -Eared Bat and Activities Excepted from Take Prohibitions to fulfill our project -specific section 7 responsibilities." Due to the nature of the project being residential development, we concluded that the project would "May affect, but not likely to adversely affect" NLEB's. CONCLUSION: After completing the habitat assessments and preliminary surveys, S&EC completed the attached "Species Conclusion Table" and "Self -Certification Letter". Using language typically used by the FWS in their conclusion letters, we have concluded that it appears the proposed project is not likely to adversely affect any federally listed endangered or threatened species, their formally designated critical habitat, or species currently proposed for listing under the Endangered Species Act (ESA). We strongly recommend requesting a concurrence letter from the FWS. McCrady Farm SD - S&EC Threatened & Endangered Species Report Page 5 of 6 August 19, 2022 S&EC Project #13793.W5 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. August 10, 2022. 7. NHP Report: August 10, 2022. 8. S&EC — FWS Species Conclusion Table. August 19, 2022. 9. S&EC — FWS Self -Certification Letter. August 19, 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 masons). 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. 30pp. -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://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-waterdog/ McCrady Farm SD - S&EC Threatened & Endangered Species Report Page 6 of 6 k4l 3 EL24, DR JD hs_On East rkl`anLn d o m�P %J \t\-'� ETG), RI COCHET CDR UJAMAA DR LOMBAR ST, fDRrpc Center for Gerogr phi 4nformatibn & Anal is Project Number: 13793.W5 Map Title: N USGS Map 0 1,000 2,000 Project Manager: MM I I I I I I I I I Feet A 3115 Garner Road, Wake County, NC Scale: " = 1 1000' — Source: 2016 NC Lake • Soil & Environmental Consultants, PA Date: 08/19/2022 Wheeler & Garner Quad &5l3 Falk aF lcuac Raid SuNc IOi. 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GV'd9Dw as —� iZ, c-� 4 : I r , H s � l 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: 2022-0073158 Project Name: McGrady Farm Subdivision August 10, 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 08/10/2022 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. 08/10/2022 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 08/10/2022 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 08/10/2022 2 Project Summary Project Code: 2022-0073158 Project Name: McGrady Farm Subdivision Project Type: Residential Construction Project Description: This project is located at 3115 Garner Rd in Wake County, NC and is approximately 46 acres. Project Location: Approximate location of the project can be viewed in Google Maps: https: www. google.com/maps/(a)35.73706825,-78!6264143079091,14z t!rripic I:n Home Auez, ti* - _n��•aa I n ��mta {�u'hLia HI,A Rr Counties: Wake County, North Carolina 08/10/2022 3 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 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. Birds NAME Red -cockaded Woodpecker Picoides borealis No critical habitat has been designated for this species. Species profile: https:Hecos.fws.gov/ecp/species/7614 Amphibians NAME STATUS Endangered STATUS Neuse River Waterdog Necturus lewisi Threatened There is final critical habitat for this species. The location of the critical habitat is not available. 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. The location of the critical habitat is not available. Species profile: https:Hecos.fws.gov/ecp/species/528 08/10/2022 Clams NET A nRR Atlantic Pigtoe Fusconaia masoni There is final critical habitat for this species. The location of the critical habitat is not available. Species profile: https:Hecos.fws.gov/ecp/species/5164 Dwarf Wedgemussel Alasmidonta heterodon No critical habitat has been designated for this species. Species profile: https:Hecos.fws.gov/ecp/species/784 Insects N TAnaV Monarch Butterfly Danaus plexippus No critical habitat has been designated for this species. Species profile: https:Hecos.fws.gov/ecp/species/9743 Flowering Plants TXT A nRR Michaux's Sumac Rhus michauxii No critical habitat has been designated for this species. Species profile: https:Hecos.fws.gov/ecp/species/5217 4 STATUS Threatened Endangered STATUS Candidate STATUS Endangered Critical habitats THERE ARE NO CRITICAL HABITATS WITHIN YOUR PROJECT AREA UNDER THIS OFFICE'S JURISDICTION. 08/10/2022 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. BREEDING NAME SEASON Bald Eagle Haliaeetus leucocephalus Breeds Sep 1 to This is not a Bird of Conservation Concern (BCC) in this area, but warrants attention Jul 31 because of the Eagle Act or for potential susceptibilities in offshore areas from certain types of development or activities. Chimney Swift Chaetura pelagica Breeds Mar 15 This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA t0 Aug 25 and Alaska. Kentucky Warbler Oporornis formosus Breeds Apr 20 This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA t0 Aug 20 and Alaska. 08/10/2022 BREEDING NAME SEASON Prairie Warbler Dendroica discolor Breeds May 1 This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA to Jul 31 and Alaska. Prothonotary Warbler Protonotaria citrea Breeds Apr 1 to This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA Jul 31 and Alaska. Red-headed Woodpecker Melanerpes erythrocephalus Breeds May 10 This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA to Sep 10 and Alaska. Rusty Blackbird Euphagus carolinus Breeds This is a Bird of Conservation Concern (BCC) only in particular Bird Conservation Regions elsewhere (BCRs) in the continental USA Wood Thrush Hylocichla mustelina 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: 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 08/10/2022 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 (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 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 Bald Eagle LL111 y + +i *+*+ Non -BCC F+ rT I � *�*� ��*T ��++ ++++ +„+ + +��+ ++++ +�++Vulnerable ���mm� EMEM MEME ME■ ���1 `=== ==== ==== Chimney Swift I I 1 I I +++LL r+++ T++ ���' BCC Rangewide +++ � ��� q q1' Jill 0", 0""',+ ++++ ++++ (CON) Kentucky War BCC Rangewidee1 +++ 4+ ++++ + 11 I I 1 I (CON) e Warbler 01 BCC 1Rangewide ++++ ++++ ++++ ++*T 1177 7 +71 MT ++++ +um o+++ ++++ ++++ (CON) I I 11 Prothonotary Warbler+++ 1 1 4+ ++++ ++� I I I I I I T++ ++++ ++++ ++++ ++++ ++++ ++++ BCC Rangewide (CON) Red-headed ++ I + + I I + Woodpecker ++++ +++ I ■+� Jill'++ +++ ++ 1 1 I I I + �� 08/10/2022 4 BCC Rangewide (CON) Rusty Blackbird +0++ ++++ 0+00 1+4 ++++ ++++ ++++ ++++ ++++ ++++ +++, +,++ BCC -BCR Wood Thrush I I I I J "" "" BCC Rangewide ++++ ++++ ++++ +i ��J_ _J*� ++y (CON) MEE MEN 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 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. 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. 08/10/2022 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). 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. 08/10/2022 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 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. 08/10/2022 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 mmontgomery@sandec.com Phone: 7047732837 Roy Cooper, Governor 9" 0 INC DEPARTMENT OF ""i ■ WMk.M 1 NATURAL AND CULTURAL RESOURCES ■-000 August 10, 2022 Robert Zarzecki Soil & Environmental Consultants, PA 8412 Falls of Neuse Road, Suite 104 Raleigh, NC 27615 RE: McGrady Farm Subdivision; 13793.W5 Dear Robert Zarzecki: 13. Reid Wilson, Secretary Misty Buchanan Deputy Director, Natural Heritage Program The North Carolina Natural Heritage Program (NCNHP) appreciates the opportunity to provide information about natural heritage resources for the project referenced above. A query of the NCNHP database indicates that there are records for rare species, important natural communities, natural areas, and/or conservation/managed areas within the proposed project boundary. These results are presented in the attached `Documented Occurrences' tables and map. 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 documented within the project area or 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: httr)s://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. Also please note that 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 an occurrence of a Federally -listed species is 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.butler�ncdcr.gov or 919-707-8603. Sincerely, NC Natural Heritage Program DEPARTMENT OF NATURAL AND CULTURAL RESOURCES 121 1N. JON S STREET, RALEIGI I_ NC 27603 - 16Sl MAOL SERVICE CENTER. 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Box 33726 Raleigh, NC 27636-3726 Date:8/19/2022 Self -Certification Letter Pro] ectName McGrady Farm SD Dear Applicant: IN n.' a wn.nut-c gumv IVE Interior Thank you for using the U.S. Fish and Wildlife Service (Service) Raleigh Ecological Services online project review process. By printing this letter in conjunction with your project review package, you are certifying that you have completed the online project review process for the project named above in accordance with all instructions provided, using the best available information to reach your conclusions. This letter, and the enclosed project review package, completes the review of your project in accordance with the Endangered Species Act of 1973 (16 U.S.C. 1531-1544, 87 Stat. 884), as amended (ESA), and the Bald and Golden Eagle Protection Act (16 U.S.C. 668-668c, 54 Stat. 250), as amended (Eagle Act). This letter also provides information for your project review under the National Environmental Policy Act of 1969 (P.L. 91-190, 42 U.S.C. 4321-4347, 83 Stat. 852), as amended. A copy of this letter and the project review package must be submitted to this office for this certification to be valid. This letter and the project review package will be maintained in our records. The species conclusions table in the enclosed project review package summarizes your ESA and Eagle Act conclusions. Based on your analysis, mark all the determinations that apply: ❑"no effect" determinations for proposed/listed species and/or ✓ proposed/designated critical habitat; and/or ✓❑ "may affect, not likely to adversely affect" determinations for proposed/listed species and/or proposed/designated critical habitat; and/or ❑ "may affect, likely to adversely affect" determination for the Northern long- eared bat (Myotis septentrionalis) and relying on the findings of the January 5, 2016, Programmatic Biological Opinion for the Final 4(d) Rule on the Northern long-eared bat; ❑✓ "no Eagle Act permit required" determinations for eagles. Applicant Page 2 We certify that use of the online project review process in strict accordance with the instructions provided as documented in the enclosed project review package results in reaching the appropriate determinations. Therefore, we concur with the "no effect" or "not likely to adversely affect" determinations for proposed and listed species and proposed and designated critical habitat; the "may affect" determination for Northern long-eared bat; and/or the "no Eagle Act permit required" determinations for eagles. Additional coordination with this office is not needed. Candidate species are not legally protected pursuant to the ESA. However, the Service encourages consideration of these species by avoiding adverse impacts to them. Please contact this office for additional coordination if your project action area contains candidate species. Should project plans change or if additional information on the distribution of proposed or listed species, proposed or designated critical habitat, or bald eagles becomes available, this determination may be reconsidered. This certification letter is valid for 1 year. Information about the online project review process including instructions, species information, and other information regarding project reviews within North Carolina is available at our website http://www.fws.gov/raleigh/pp.html. If you have any questions, you can write to us at Raleighgfws.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: Matthews, Kathryn H <kathryn_matthews@fws.gov> Sent: Friday, March 3, 2023 7:32 AM To: Mason Montgomery Cc: Mann, Leigh Subject: Re: McGrady Farm SD T&E Submittal (USFWS Project Code 2022-0073158) Follow Up Flag: Follow up Flag Status: Flagged Hi Mason, Sorry for the delay in response. 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. If you need anything else, please let us know. Please note that I am teleworking Wednesday through Friday, every week. Email is the best way to reach me. Thanks, Kathy Matthews NC Renewable Energy Coordinator & Fish and Wildlife Biologist U.S. Fish and Wildlife Service 551-F Pylon Drive Raleigh, NC 27606 919-856-4520, x. 27 From: Mason Montgomery <mmontgomery@sandec.com> Sent: Friday, February 24, 2023 8:55 AM To: Matthews, Kathryn H <kathryn_matthews@fws.gov> Cc: Ellis, John <john_ellis@fws.gov> Subject: [EXTERNAL] RE: McGrady Farm SD T&E Submittal f This email has been received from outside of DOI - Use caution before clicking on links, opening attachments, or responding. Kathy, Can you please confirm if this project was reviewed by FWS back in August? S&EC will be finalizing permit applications soon and we would like to include correspondence. Thank you, Mason L. Montgomery Soil And Environmental Consultants, PA North Quarter Office Park 8412 Falls of Neuse Road. Suite 104 Raleigh, NC 27615 Office (919) 846-5900 Direct (919) 746-7750 Mobile (704) 773 -2837 mmontgomerv@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. NA Please consider the environment before printing this email. From: Mason Montgomery Sent: Friday, August 19, 2022 1:47 PM To: Raleigh, FW4 <raleigh@fws.gov> Subject: McGrady Farm SD T&E Submittal Hello, Attached is the threatened and endangered species report for the McGrady Farm Subdivision 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, Mason L. Montgomery Soil And Environmental Consultants, PA North Quarter Office Park 8412 Falls of Neuse Road, Suite 104 Raleigh, NC 27615 Office (919) 846-5900 Direct (919) 746-7750 Mobile (704) 773 -2837 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. North Carolina Department of Natural and Cultural Resources State Historic Preservation Office Ramona M. Bartos, Administrator Governor Roy Cooper Secretary D. Reid Wilson September 22, 2022 Mason Montgomery S&EC 8412 Falls of Neuse Road, Suite 104 Raleigh, NC 27615 Office of Archives and History Deputy Secretary, Darin J. Waters, Ph.D. mmontgomeaksandec.com Re: Construct McGrady Farm subdivision, 3115 Garner Road, Raleigh, Wake County, ER 22-2037 Dear Mr. Montgomery: Thank you for your email of August 16, 2022, regarding the above -referenced undertaking. We have reviewed the submittal and offer the following comments. We have conducted a review of the project and are aware of no historic resources which would be affected by the project. Therefore, we have no comment on the project as proposed. 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.reviewgncdcr.gov. In all future communication concerning this project, please cite the above referenced tracking number. Sincerely, Ramona Bartos, Deputy State Historic Preservation Officer Location: 109 East Jones Street, Raleigh NC 27601 Mailing Address: 4617 Mail Service Center, Raleigh NC 27699-4617 Telephone/Fax: (919) 814-6570/814-6898 1aUDAe2 ssju°agj!m /1 z O w w � z w z x m w O � co ~¢ m w z O o w Z 0 o Z U d w } U � a � > O � o x � ui zoo O w< O w ~ w O w o Q O z N a in a AlNf10J �ItlMJN'H9131tM OL L3NLtl95LZE95LLE �0� � Z�r Q 0:3 Z SiDVdWlWb'32i1S J zo ­1 3N0lSN000VH Ld n X 5 X o d o goo u W Z-X3 33S - 3NIIHOiVN R L. 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