20231212 Ver 1_Marks Creek_PCN Attachments (S&EC 14140)_20230901

Environmental Consultants,
9412 Falls of Neuse Road, Suite 104, Raleigh, NC 27615 • Phone; [phone]
sandec.com
APPLICANT CERTIFICATION / AGENT AUTHORIZATION
Project Name/Description: Marks Creek Road Subdivision S&EC Project 414140
Date: 2023
The Department of the Army
U.S. Army Corps of Engineers, Wilmington District
69 Darlington Avenue
Wilmington, NC 28403
Attn: Jean Gibby (or assigned) USACE Regulatory Field Office: Raleigh
I, the undersigned, a duly authorized applicant for the project located on the property/properties
identified herein, am authorized by the owner to do so and 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:
Marks Creek Road Subdivision, 3705 Marks Creek Road, Knightdale, Wake Co., NC
Area: +/- 60.82 acres PIN No.: 1765295445 Deed: 014701-01968 Lat/Long: 35.836233/-78.452822
Watershed: Hodges Mill Creek, 27-26-1-(2), C;NSW, Neuse 03020201-0703
APPLICANT INFORMATION:
Name: Ellis Developments Group
Address: 6801 Falls of Neuse Road, Suite 108, Raleigh, NC 27615
Phone No.: [phone]
Email: jason a,ellisdevgroup.com
Jason Pfister (Vice President of Development) 01 /30/2023
Applicant (please print) Date
0
We hereby certify the above information submitted in this application is true and accurate to
the best of our knowledge,

f
PROPERTY OWNER CERTIFICATION 1 AGENT AUTH❑
Prv)cct NarrtcA)M-riptran_ Madz Crock Read t'tvperty
Doe: 9LOM
The Depwrtmcnt of the Army
U-S. Army Corps of Fnguwcrx. Wrilntington District
64 Darlington Avenue
Wrlrnmgion. Ni: 2K403
Arm; . Field O irc: Wdmittgf.an
1. the undersigned. a duly authorized owner of record of the prop ertylpropertles identified herein, do
authorize representatives of the Wilmington District, U.S. Army Corps of Engineers (Carpi;) and Sail &
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 Fedaral jurisdiction under Section 404 of the Clean Water Act and/or Section 10 of
the Rlvers 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 at a permit or
certification and any and al associated Standard and special conditions. This notification supersedes any
previous coirespandence concerning the agent for this project.
NOTICL This authorization. for liability and professional courtesy reasons. Is vaNd only for government
otticlals to enter the property when accompanied by S&EC staff. You should calf S&EC to arrange a &fie
meeting prior to visiting the 91te.
PARCEL.l
Pamcl Index Numbed s l i PIN l: 1 y65245445
Site Adrfrrss_
City, County. Stave: Ralcich. Wake. NC
L 276
We hereby eertlythe sDove Informatlon submitted In this ■ppIleatloo Is true Ind accursta to
the best of our knowledge.

From: Bob Zarzecki
To: 401PreFi1e(a ncdenr.aov
Subject: Marks Creek Road Subdivision, Knightdale/Raleigh, Wake County, NC —Pre -filing Meeting Request (S&EC
14140. W7)
Date: Monday, January 30, 2023 1:24:00 PM
Attachments: Marks Creek PJD Email Verification SAW-2020-01859 (12.17.2020).pdf
Marks Creek Buffer Letter NBRRO 20-290 (expires 9.14.2025).pdf
Importance: High
Please see the project details below and let me know if a DWR Pre -Filing Meeting is needed.
Contact: Bob Zarzecki
Contact Email address: [e-mail]
Project Applicant: Ellis Developments Group
Project Name: MARKS CREEK ROAD SUBDIVISION
Project County: Wake County
Is this a Transportation Project: No
Types of Approvals Sought from DWR: 401 WQC
Types of Approvals Sought from USACE: NWP29
Does this project have an existing project ID#? No.
Name of staff member you would like to request a meeting with? Any assigned to Wake County.
Brief Description of the proposed project:
The project involves a residential subdivision at 3705 Marks Creek Road, Knightdale (possible City of
Raleigh future), Wake County, NC.
Impacts are not yet defined, but are anticipated to stay within NWP29 thresholds.
PJD verification and Neuse Buffer determination letter are attached.
Please don't hesitate to contact me if you would like to hold the pre -application meeting or discuss
the project further. Initial discussions have already occurred with the USACE.
We anticipate to submit the new application on March 1, 2023.
Kind regards,
BOB ZARZECKI
Wetlands Department Manager/Vice-President/Principal
Soil & Environmental Consultants, PA

North Quarter Office Park
8412 Falls of Neuse Road, Suite 104
Raleigh, NC 27615
Office [phone]
Direct [phone]
Mobile [phone]
bzarzecki(cDsandec.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.

ake Lunn
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WATKINS—RD
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N.0 Center for Geographic_In.formation & Analysis
Project Number: Map Title: N
14140.W1 0 1,000 2,000
Project Manager: Figure 1- USGS Map I I I I I I I I
S B 3705 Marks Creek Road, Feet
Scale: 11000' Knightdale, NC 27545
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Source: Soil & Environmental Consultants, PA
Date: 2019 NC Knigntdale Quad 8412 Fe16 ofN—R-d, Suite 104,Raleigh,NC III 15•Phone:(919)W-5900•F—(919)W-9467
08/04/2020 a�� °°m

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Project Number: Map Title: N
14140.W1 0 500 1,000
Project Manager: Figure 2- Soil Survey I I I I I I I I I
S B 3705 Marks Creek Road, Feet
Scale. 1 500' Knightdale, NC 27545
Soil & Environmental Consultants, PA
Date: Source: Wake County Soil
08/04/2020 Survey Sheet 41 & 42 8412 Fa11s of Neu eRoad, Su e104 Ra eigh NC 27615•Phone [phone]•Fax (9l9)8469467
aandeacom

DocuSign Envelope ID: D58BF02F-5ECE-4B92-82C7-4B57OE3' 43EA
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
S. DANIEL SMITH
Wr•ecror
Watson Family lI LLC
CIO Johnny Watson
6220 Forestville Rd
Raleigh, North Carolina 27591-8283
NORTH CAROUNA
Environmental Qualify
September 17, 2020
Subject: Buffer Determination Letter
DWR RRO #20-290
Wake County
Determination Type:
Buffer
Intermittent(Perennial
® Neuse (15A NCAC 2B .0714)
❑ Tar -Pamlico 05A NCAC 28 .0734)
❑ Intermittent/Perennial Determination (where local buffer
ordinances apply)
❑ Jordan 0 5A NCAC 26 ,0267)
(governmental and/or interjurisdictional
projects)
Project Name
Marks Creek Road
Address/Location: 3705 Marks Creek Rd, Knightdale
Stream(s):
Pond and Un-named tributaries to
Determination Date; 09/ 16/2020
Mill Creek
Staff. Erin Deck
Stream
Not
Subject
Subject
Startla'
Stop@
Soil
Survey
USGS
To o
A Above
Pond
X
X
X
A Below
Pond
X
Pond
Confluence with C
X
13
X
Off' property
Approx.
35.937960,-78.450999
X
C
X
Pond 2
Off property
X
D
X
OffTmperty
Confluence with C
X
Pond 1
X
X
X
Pond 2
X
*E111P = EpfterrrerallhrtermiltentlPerennial
(1) E=Ephemeral. 1=&rrerrni1lenr. P=Perennial, NP--Vol Present, NA=Nol applicable
(2) Refers to riparian buffer rules only. Stream, wetland, or pond impacts may still be subject to applicable water quality standards and
permitting requirements.
GPS points were provided by S&EC
North Carollna department of Envtronmentai Qua [it y I ❑lviston of Water Resources
Q; Raleigh Regional Office 13800 Barrett brave I RaWgh, N"-rh Carollna 276U9
t..n NIOX l.A2ao

DocuSign. Envelope ID: D58BF02F-5ECE-4B92-B2C7-4B570E3' 43EA
Marks Creek Road
Wake County
Page 2 of 2
Explanation: The features(s) listed above has been located on the most recent published MRCS
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 be at least intenmittent 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 Carps of Engineers.
This are -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 ❑irecto r 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. Ifserrdr`ng 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.
I£ 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,
oacusignea by:
E
it '1A441�_
acaaaosa504meu
Scott Vinson
Regional Supervisor
Water Quality Regional Operations Section
Raleigh Regional Office
Division of Water Resources, NCDEQ
cc: RRD DWR File Copy
Steven Ball, S&EC. via entail: sballe`u sandec.co3n

DocuSign Envelope ID: D58BF02F-5ECE-4B92-B2C7-4B57OE3' 43EA
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Project Number: Map Title: N
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'[ 4'140.W'[ o � ,oao 2,000
Project Manager: I I I I I I I l
5B 3705 Marks Creek Road, Feet
Scale: Knightdale, NC 27545
Date: Source:
Soil & Environmental Consultants, PA
08/04/2020 2019 NC Knigntdale Quad---r1--- -sui[ iO4 Aald� �C ?N]S Pnnr [919]&IG5900•Fax: (9i9 P9499F
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DocuSign Envelope 10: D58BF02F-5ECE-4B92-B2C7-4B57OE3'43EA
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Project Number: Map Title: '�
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Project Manager: Figure 2- Soil Survey I I I I I I I I
SB 3705 Marks Creek Road, Feet
Scale: 1 _ 500' Knightdale, NC 27545
Date: source: Wake County Soil Soil & Environmental Consultants, PA
M 12 Falh of \.— R-& SON, 104. ]talrigIc NC M15 - Ph., {919) &65900 • Fas: (9i 9) 896946
08/04/2020 Survey Sheet 41 & 42

Bob Zarzecki
From: Dailey, Samantha J CIV USARMY CESAW (USA) <[e-mail]>
Sent: Thursday, December 17, 2020 2:14 PM
To: Steven Ball
Subject: SAW-2020-01859 3705 Marks Creek Road, Knightdale, NC JD Concurrence
Follow Up Flag: Follow up
Flag Status: Flagged
Good afternoon Steven,
Reference is made to ORM ID SAW-2020-01859; please reference this number on any correspondence regarding this
action.
On October 22, 2020, we received information from you requesting the Wilmington District, Regulatory Division review
and concur with the boundaries of an aquatic resource delineation.
We have reviewed the information provided by you concerning the aquatic resources, and by copy of this e-mail, are
confirming that the aquatic resources delineation has been verified by the Corps to be a sufficiently accurate and
reliable representation of the location and extent of aquatic resources within the identified review area. The location
and extent of these aquatic resources are shown on the delineation map (or survey), labeled Wetland Sketch Map and
dated 08/04/2020.
Regulatory Guidance Letter (RGL) 16-01 https://usace.contentdm.ocic.org/utils/getfile/collection/pl602lco119/id/1256
provides guidance for Jurisdictional Determinations (JD) and states "The Corps generally does not issue a JD of any type
where no JD has been requested". At this time we are only verifying the delineation. This delineation may be relied
upon for use in the permit evaluation process, including determining compensatory mitigation. "This verification does
not address nor include any consideration for geographic jurisdiction on aquatic resources and shall not be interpreted
as such. This delineation verification is not an Approved Jurisdictional Determination (AJD) and is not an appealable
action under the Regulatory Program Administrative Appeal Process (33 CFR Part 331). However, you may request an
AJD, which is an appealable action.
If you wish to receive a Preliminary Jurisdictional Determination (PJD), or an Approved Jurisdictional Determination (AJD)
please respond accordingly, otherwise nothing further is required and we will not provide any additional
documentation.
The delineation included herein has been conducted to identify the location and extent of the aquatic resource
boundaries and/or the jurisdictional status of aquatic resources for purposes of the Clean Water Act for the particular
site identified in this request. This delineation may not be valid for the Wetland Conservation Provisions of the Food
Security Act of 1985, as amended. If you or your tenant are USDA program participants, or anticipate participation in
USDA programs, you should discuss the applicability of a certified wetland determination with the local USDA service
center, prior to starting work.
Best Regards,
Sam
Samantha Dailey
Regulatory Project Manager
U.S. Army Corps of Engineers

Regulatory Division
3331 Heritage Trade Drive, Suite 105
Wake Forest, NC 27587
[phone], Ext. 22
mailto:[e-mail]

Legend �� w
Evaluation Area
Potentially Jurisdictional Perennial Stream
-
��-� Potentially Jurisdictional Intermittent Stream
C3 Potentially Jurisdictional Pond
04 Potentially Jurisdictional Wetland % i
i
50' Neuse River Riparian Buffer
r
-------- 2' Wake County Contours � r' � � �''
i
yn[hcofirmetl by Enn Srte
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Detailed Delineation of Waters of the US
S—table for Pre}—ary Plarming Only
S&"C reserves the right to modify thi. map based on more fieldwork,
and any other additional information. Approximations were mapped using
-,7 _ topographic maps, au photos and giound truthing. If the site is going
- - -- \ to be disturbed, S&EC's detailed delineation should be approved and
er pmitted by the U.S. Army Corps of Engineers as required. If the user of
_ - this work desires ---at. map of the regulated features flagged by
/ S&EC, they should retain a NC Registered Professional Land S—Wor to
locate S&EO's flagging.
3705 Marks Creek Raad, Q 125 250 500
Wetland Sketch Map F�Tle,'Ot.'.l7]'0"120"nlgMdale, NC27545
Soil &Environmental Consultants, PA F0 Prepared by: KM o.com Feet

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Bob Zarzecki
From: Matthews, Kathryn H <[e-mail]>
Sent: Monday, July 31, 2023 4:05 PM
To: Bob Zarzecki; Martin, Matthew K CIV CESAW
Cc: Mason Montgomery; Mann, Leigh
Subject: Re: [EXTERNAL] RE: Marks Creek T&E Submittal (USFWS Project Code: 2023-0039205)
Well, that is pretty definitive. Thank you for the information. I would like to receive the report when it is
available. Based upon Tim's statement, I can concur with your species determination for Atlantic
pigtoe. Have a good week,
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: Bob Zarzecki <[e-mail]>
Sent: Monday, July 31, 2023 3:50 PM
To: Matthews, Kathryn H <[e-mail]>; Martin, Matthew K CIV CESAW
<[e-mail]>
Cc: Mason Montgomery <[e-mail]>; Mann, Leigh <[e-mail]>
Subject: RE: [EXTERNAL] RE: Marks Creek T&E Submittal (USFWS Project Code: 2023-0039205)
Kathy:
The developer hired Three Oaks Engineering complete a mussel survey on the property per your
recommendation. Below is the preliminary summary of findings from Tim Savage.
All,
We completed the surveys on Thursday and did not find any freshwater mussels. We will put together the
report with all of the details.
TS
Tim Savidge
Three Oaks Engineering
324 Blackwell Street, Suite 1200
Durham, NC 27701
919-417-2314
�� c.

Matt — See email chain below. We will include a copy of the Three Oaks Engineering report along
with ours with the application requesting impacts to streams, wetlands and Neuse Buffers. The pre -
filing meeting request was submitted on July 6th, so we intend to submit the application next Monday,
August 7tn
BOB ZARZECKI
Wetlands Department Manager/Vice-President/Principal
Soil & Environmental Consultants, PA
North Quarter Office Park
8412 Falls of Neuse Road, Suite 104
Raleigh, NC 27615
Office [phone]
Direct [phone]
Mobile [phone]
[e-mail]
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. Ifyou 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.
FWA Please consider the environment before printing this email.
From: Matthews, Kathryn H <[e-mail]>
Sent: Tuesday, July 11, 2023 9:06 AM
To: Bob Zarzecki <[e-mail]>
Cc: Mason Montgomery <[e-mail]>; Mann, Leigh <[e-mail]>
Subject: Re: [EXTERNAL] RE: Marks Creek T&E Submittal (USFWS Project Code: 2023-0039205)
Yes, thanks for the revised submittal.
The Service can concur with the species determinations for all of the listed and proposed species except for
Atlantic pigtoe. I have looked at the NCWRC databases, and there has only been one survey for mussels in
the Hodges Mill Creek watershed, and it was conducted in 2003. Unfortunately, there is no existing aquatic
survey data in the area to provide any indication of the mussel species that may be present in the watershed.
Without additional information to rule out the presence of Atlantic pigtoe at or within 400 meters
downstream of the Street C crossing (in Stream C), we can't concur that the project is not likely to adversely
affect that species. The other two streams are less likely to support the species. I recommend that a
qualified, permitted mussel biologist conduct a survey in Stream C, from 50 meters above the proposed
crossing, to 400 meters downstream of the crossing. All suitable habitat in that reach should be surveyed. If
the maintained powerline ROW is within that 400-meter length downstream, the surveyor may use the
upstream edge of the powerline ROW as the end point.
Let me know if you have questions.
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: Bob Zarzecki <[e-mail]>
Sent: Monday, July 10, 2023 2:48 PM
To: Matthews, Kathryn H <kathrvn [e-mail]>
Cc: Mason Montgomery <[e-mail]>
Subject: RE: [EXTERNAL] RE: Marks Creek T&E Submittal (USFWS Project Code: 2023-0039205)
rXau iy
Have you had a chance to review Mason's updated report yet? We're looking to submit the permit
application soon (this week or next) and would love to include FWS comments in the application.
The developer confirmed that he won't have the impacts completed or most likely even started before
the anticipated Tricolored Bat listing, but shouldn't have any problem coordinating tree clearing to
occur during the winter months.
Thanks.
BOB ZARZECKI
Wetlands Department Manager/Vice-President/Principal
Soil & Environmental Consultants, PA
From: Mason Montgomery <[e-mail]>
Sent: Friday, June 30, 2023 10:04 AM
To: Matthews, Kathryn H <kathrvn [e-mail]>
Cc: Bob Zarzecki <[e-mail]>; Ellis, John <iohn [e-mail]>; Mann, Leigh <leigh [e-mail]>
Subject: RE: [EXTERNAL] RE: Marks Creek T&E Submittal (USFWS Project Code: 2023-0039205)
Kathy,
Attached is an updated version of the T&E report, which addresses your comments below. To work towards a
determination on the Atlantic Pigtoe, I have included the full impact map set. Please let me know if have any questions
about the impact maps or need additional information regarding erosion and sedimentation control. As for the TCB, the
project will not be complete by September of this year, and the developer is willing to agree to tree clearing restrictions.
We will await further guidance from FWS regarding tree clearing in the winter months.
Moving forward, I will work on improving my reports to be clearer and more concise, while being more specific about
the work completed. Hopefully, this will limit confusion and prevent misleading statements. Thank you for bringing this
to our attention. If you have similar comments on reports that have been recently submitted by S&EC, feel free to
reference this email.
Thank you,
Mason L. Montgomery
Soil & Environmental Consultants, PA

North Quarter Office Park
8412 Falls of Neuse Road, Suite 104
Raleigh, NC 27615
Office [phone]
Direct [phone]
Mobile [phone]
[e-mail]
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. Ifyou 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: Matthews, Kathryn H <kathryn [e-mail]>
Sent: Wednesday, June 28, 2023 3:53 PM
To: Mason Montgomery <[e-mail]>
Cc: Bob Zarzecki <[e-mail]>; Ellis, John <iohn [e-mail]>; Mann, Leigh <leigh [e-mail]>
Subject: Re: [EXTERNAL] RE: Marks Creek T&E Submittal (USFWS Project Code: 2023-0039205)
Hi Mason,
Sorry for the tardiness in our reply. For this one, I have concerns for the reasoning behind the determinations
that were made. There is not adequate supporting information for the determinations. If suitable habitat is
present, but surveys have not been conducted, no assumptions or statements should be made as to species
presence.
For all of these species other than Michaux's sumac, walking through the site and looking around is not
adequate to determine presence/absence, and this information is not helpful to the reviewer. In the future,
please correct this statement in the species conclusions table for all of these species, because there is not
adequate info to determine that the aquatic species or bats are not present. All you really should state is that
you believe suitable habitat is present or absent, and that you have or have not conducted a proper species
survey. If there is some other reason that it is unlikely for the species to be there, then that should be
discussed, but I don't see any discussion like that in the submittal.
Here are my thoughts on each species:
RCW - if no suitable habitat is present, then the Service agrees that No effect is an appropriate
determination.
NRWD and Carolina madtom: These species are very unlikely to be found so far up in the watershed - they are
typically found in medium to large streams, not small second -order streams. Therefore, it doesn't appear that
suitable habitat is present.
Atlantic pigtoe - this species is found in perennial streams as small as 1 meter across (normal water
level). There isn't adequate information in the submittal to support a determination of MANLAA. If there is
suitable habitat present and no other reason that the species wouldn't be expected to be there, we are going

to assume that it could be there. I do not see any information in your submittal that indicates that it should
not be there, other than a statement that the species wasn't seen during a walk-through.
Dwarf Wedgemussel - this species is found in smaller streams than NRWD and Carolina madtom, but not as
small as Atlantic pigtoe. The lower end of the perennial stream on the property may be suitable, but it is
difficult to tell from the photos and description. Five feet wide is getting pretty small for dwarf wedge, so I
would probably concur with a MANLAA determination for that species based on the landscape position and
width of the stream.
Michaux's sumac - Based on your earlier email stating that species surveys did not document any individuals,
the Service agrees that No Effect is an appropriate determination.
NLEB - consultation is no longer required in Wake and Johnston Counties for this species.
TCB - there is a recent capture record within 2 miles of the site. Tree removal and culvert
modification/removal may affect TCB. The submittal does not include any discussion of the acreage of trees to
be removed, or proposed avoidance and minimization measures, such as time of year restrictions. There is no
supporting information in the submittal for the determination of MANLAA. Since the species is proposed for
listing, the proper determination should be "not likely to jeopardize the existence of the species." As you may
know, if the species is listed before the project is completed, then the Corps will need to coordinate further
with the Service.
Let me know if you have questions. Thanks,
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 <[e-mail]>
Sent: Monday, June 19, 2023 9:27 AM
To: Ellis, John <iohn [e-mail]>
Cc: Matthews, Kathryn H <kathryn [e-mail]>; Bob Zarzecki <[e-mail]>
Subject: [EXTERNAL] RE: Marks Creek T&E Submittal
This email has been received from outside of DOI - Use caution before clicking on links, opening attachments, or
responding.
Hello,

I am following up for confirmation on the review status for the Marks Creek property. Please let me know if the service
does not concur with any of S&EC's determinations.
Thank you,
Mason L. Montgomery
Soil & Environmental Consultants, PA
North Quarter Office Park
8412 Falls of Neuse Road, Suite 104
Raleigh, NC 27615
Office [phone]
Direct [phone]
Mobile [phone]
[e-mail]
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. Ifyou are not the named
addressee (s), any use, dissemination, distribution or copying of this communication is prohibited. Ifyou 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: Mason Montgomery
Sent: Tuesday, May 2, 2023 1:59 PM
To: Ellis, John <lohn [e-mail]>
Cc: Matthews, Kathryn H <kathryn [e-mail]>
Subject: RE: Marks Creek T&E Submittal
John,
S&EC personnel completed the follow up Michaux's sumac survey on the Marks Creek property today, May 2"d, 2023.
S&EC traversed the whole site and did not locate any individual plants of Michaux's sumac. Please let me know if any
additional information such as an updated report, or photo documentation is needed for a "No effect" concurrence on
Michaux's sumac.
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 [phone]
Direct [phone]
Mobile [phone]
[e-mail]
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. Ifyou are not the named
addressee (s), any use, dissemination, distribution or copying of this communication is prohibited. Ifyou 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.
IVA Please consider the environment before printing this email.

From: Mason Montgomery
Sent: Monday, May 1, 2023 9:06 AM
To: Ellis, John <iohn [e-mail]>
Cc: Matthews, Kathryn H <kathryn [e-mail]>
Subject: FW: Marks Creek T&E Submittal
John,
I wanted to follow up and see if FWS had any questions/concerns regarding the Marks Creek project. I will be forwarding
the updated Sumac survey results once completed.
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 [phone]
Direct [phone]
Mobile [phone]
[e-mail]
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. Ifyou 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.
IVA Please consider the environment before printing this email.
From: Mason Montgomery
Sent: Friday, February 24, 2023 10:35 AM
To: Raleigh, FW4 <[e-mail]>
Cc: Bob Zarzecki <[e-mail]>
Subject: Marks Creek T&E Submittal
Hello,
Attached is the threatened and endangered species report for the Marks Creek Property located in Knightdale, NC. S&EC
is submitting for concurrence. Please let us know if any additional information is needed when making the
determinations.
Thank you,
Mason L. Montgomery
Soil And Environmental Consultants, PA
North Quarter Office Parke
8412 Falls of Neuse Road, Suite 104
Raleigh, NC 27615
Office [phone]

Direct [phone]
Mobile [phone]
[e-mail]
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. Ifyou 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.

Freshwater Mussel Survey Report
Marks Creek Road Development, Knightdale
Wake County, North Carolina
UT Hodges Mill Creek during freshwater mussel survey
Prepared For:
Contact Person:
Jason Pfister
Vice President of Development
6801 Falls of Neuse Road, Suite 108
Raleigh, NC 27615
August 03, 2023

Prepared by:
324 Blackwell Street, Suite 1200
Durham, NC 27701
Contact Person:
Tim Savidge
tim.savidge@threeoaksen ink• m
919-417-2314

Table of Contents
1.0 Introduction......................................................................................................................1
2.0 Waters Impacted...............................................................................................................1
3.0 Target Species Descriptions..............................................................................................2
3.1 Atlantic Pigtoe (Fusconaia masoni)..............................................................................2
3.1.1 Species Characteristics...........................................................................................2
3.1.2 Distribution, Habitat Requirements, and Status......................................................2
3.1.3 Threats to Species..................................................................................................5
3.1.4 Designated Critical Habitat....................................................................................6
4.0 Survey Efforts..................................................................................................................7
4.1 Survey Methodology.....................................................................................................7
5.0 Results..............................................................................................................................8
5.1 Stream Conditions: Surveyed Reach of UT Hodges Mill Creek.....................................8
5.2 Mussel Survey Results..................................................................................................9
6.0 Discussion/Conclusions....................................................................................................9
7.0 Literature Cited..............................................................................................................10
Appendix A: Figure 1: Project Vicinity & Survey Reach
Figure 2: NCNHP Element Occurrences and Designated Critical Habitat: Atlantic
Pigtoe

1.0 INTRODUCTION
The Ellis Developments Group (EDG) retained Three Oaks Engineering (Three Oaks) to perform
mussel surveys for a proposed residential development off Marks Creek Road (the Project) that
would impact two unnamed tributaries (UTs) to Hodges Mill Creek in Wake County, North
Carolina (Appendix A, Figure 1). The US Fish and Wildlife Service (USFWS) Information,
Planning, and Consultation (IPaC) system lists four aquatic species, the Federally Endangered
Dwarf Wedgemussel (Alasmidonta heterodon) and Carolina Madtom (Noturus furiosus) along
with the Threatened Atlantic Pigtoe and Neuse River Waterdog (Necturus lewisii) as species that
could potentially be affected by activities in this location, as accessed in July 2023 (USFWS
2023). EDG concluded that the project would have No Effect on the Neuse River Waterdog (lack
of suitable habitat) and "May Affect/Not Likely to Adversely Affect" Dwarf Wedgemussel,
Carolina Madtom and Atlantic Pigtoe and sought USFWS concurrence with these conclusions.
The USFWS concurred with all of the conclusions for these species except for the Atlantic
Pigtoe, and they requested surveys targeting this species be done. As such, Three Oaks
Engineering (Three Oaks) was contracted by EDG to perform mussel surveys for the proposed
Proj ect.
Freshwater mussel surveys were completed in the larger of the two tributaries as depicted in
Figure 1, with a habitat assessment completed in the upstream portion of the stream where
suitable conditions for freshwater mussels were absent. Suitable habitat was also not present in
the smaller tributary in the southern portion of the parcel boundary.
Table 1 lists the nearest element occurrence (EO) in approximate river miles (RM) for these
species relative to the Project. Distance is measured from the point where the two tributaries
meet within the parcel boundary. Data is according to the NC Natural Heritage Program database
(NCNHP 2023) accessed in July 2023 and most recently updated in April 2023 (Appendix A,
Figure 2).
Table 1. Nearby Element Occurrences
Distance
from
EO
crossing
First
Last
EO
Species Name
EO ID
Waterbod
Observed
Observed
Status*
Figure
11071
Walnut Creek
13.7
1951
1951
H
Atlantic Pigtoe
Crabtree
October
2
14599
27.5
May 2003
C
Creek
1993
*: C — NCNHP Current; H —NCNHP Historic
2.0 WATERS IMPACTED
The Project is within the Upper Neuse (HUC# 03020201) subbasin of the Neuse River Basin and
is drained by two tributaries of Hodges Mill Creek that join within the eastern portion of the
Project boundary. From the confluence of these two tributaries, the UT Hodges Mill Creek flows
approximately 2.3 RM to its confluence with Hodges Mill Creek. Hodges Mill Creek then flows
2.2 RM before reaching its confluence with Harris Creek shortly before Harris Creek reaches the
Neuse River just north of the I-540 crossing of the river.
Freshwater Mussel Survey Report August 2023
Job# 23-330 Page 1

3.0 TARGET SPECIES DESCRIPTIONS
3.1 Atlantic Pigtoe (Fusconaia masons)
3.1.1 Species Characteristics
The Atlantic Pigtoe (AP) was described by Conrad (1834)
from the Savannah River in Augusta, Georgia. Although
larger specimens exist, the AP seldom exceeds 50 mm (2
inches) in length. This species is tall relative to its length,
except in headwater stream reaches where specimens may
be elongated. The hinge ligament is relatively short and
prominent. The periostracum is normally brownish, has a
parchment texture, and young individuals may have
greenish rays across the entire shell surface. The posterior
ridge is biangulate. The interdentum in the left valve is
broad and flat. The anterior half of the valve is thickened
compared with the posterior half, and, when fresh, nacre in the anterior half of the shell tends to
be salmon colored, while nacre in the posterior half tends to be more iridescent. The shell has
full dentation. In addition to simple papillae, branched and arborescent papillae are often seen on
the incurrent aperture. In females, salmon colored demibranchs are often seen during the
spawning season. When fully gravid, females use all four demibranchs to brood glochidia
(VDGIF 2014).
The AP is a tachytictic (short-term) breeder, brooding young in early spring and releasing
glochidia in early summer. The Bluegill (Lepomis macrochirus) and Shield Darter (Percina
peltata) have been identified as potential fish hosts for this species (O'Dee and Waters 2000).
Additional research has found Rosefin Shiner (Lythrurus ardens), Creek Chub (Semotilus
atromaculatus), and Longnose Dace (Rhinichthys cataractae) are also suitable hosts (Wolf
2012). Eads and Levine (2012) found White Shiner (Luxilus albeolus), Satinfin Shiner
(Cyprinella analostana), Bluehead Chub (Nocomis leptocephalus), Rosyside Dace (Clinostomus
funduloides), Pinewoods Shiner (Lythrurus matutinus), Swallowtail Shiner (Notropis procne),
and Mountain Redbelly Dace (Chrosomus oreas) to also be suitable hosts for AP.
3.1.2 Distribution, Habitat Requirements, and Status
Johnson (1970) reported the range of the AP extended from the Ogeechee River Basin in
Georgia north to the James River Basin in Virginia; however, recent curation of the H. D.
Athearn collection uncovered valid specimens from the Altamaha River in Georgia (USFWS
2021a). In addition, USFWS (2021b) citing Alderman and Alderman (2014) reported two shells
from the 1880's that also documented the historical occurrence in the Altamaha River Basin. It is
presumed extirpated from the Catawba River Basin in North and South Carolina south to the
Altamaha River Basin (USFWS 2021a, USFWS 2021b). The general pattern of its current
distribution indicates that the species is currently limited to headwater areas of drainages and
Freshwater Mussel Survey Report August 2023
Job# 23-330 Page 2

most populations are represented by few individuals. In North Carolina, aside from the
Waccamaw River, it was once found in every Atlantic Slope River Basin, and except for the Tar
River, it is no longer found in the main stem of the rivers within its historic range (Savidge et al.
2011). It is listed as Endangered in Georgia, South Carolina, and North Carolina, and as
Threatened in Virginia. It has a NatureServe rank of G1 (Critically Imperiled) (Natureserve,
2018).
The AP has been found in multiple physiographic provinces, from the foothills of the
Appalachian Mountains, through the Piedmont and into the Coastal Plain, in streams less than
one meter wide to large rivers. The preferred habitat is a substrate composed of gravel and coarse
sand, usually at the base of riffles; however, it can be found in a variety of other substrates and
lotic habitat conditions.
The 2021 species status assessment outlines the overall health of the currently known
populations of AP in terms of population and habitat factors. Population factors include
Management Unit (MU) Occupancy, Approximate Abundance, and Reproduction. Habitat
Factors include Water Quality, Water Quantity, Connectivity, and Instream Habitat (Substrate).
Each factor is evaluated on a scale ranging from High -Moderate -Low -Very Low- 0. Categories
labeled 0 indicate either likely extirpation or a lack of data. The list below outlines the resiliency
of the overall river basin and AP MU's, where the evaluated factors are listed by Combined
Population, Combined Habitat, and Overall Resiliency, respectively. The project area is within
MU 16 and is italicized below (USFWS 2021b):
James River Basin (Low, Moderate, Low):
1. Craig Creek Subbasin — Craig/ Giles counties, VA (Moderate, High, Moderate)
2. Mill Creek — Bath/ Highland counties, VA (0, Moderate, 0)
3. Rivanna — Albemarle /Fluvanna counties, VA (0, Low, 0)
4. Upper James — Amhurst/Bedford/Botetourt/Lexington counties, VA (0, Moderate, 0)
5. Middle James — Buckingham/ Chesterfield/ Cumberland/ Goochland/ Henrico/
Powhatan counties, VA (0, Low, 0)
6. Appomattox — Appomattox/ Buckingham/ Cumberland/ Prince Edward counties, VA
(0, Moderate, 0)
Chowan River Basin (Low, Moderate, Low):
7. Nottoway —Brunswick/ Dinwiddie/ Greensville/ Appomattox/ Buckingham/
Cumberland/ Prince Edward counties, VA (Moderate, Low, Moderate)
8. Meherrin — Brunswick/ Charlotte/ Halifax/ Lunenburg/ Mecklenburg counties, VA
(Low, Moderate, Low)
Roanoke River Basin (Low, Moderate, Low):
9. Dan River Subbasin — Halifax/ Pittsylvania counties, VA and Caswell/ Granville/
Person/ Rockingham counties, NC (Low, Moderate, Low)
Freshwater Mussel Survey Report August 2023
Job# 23-330 Page 3

10. Roanoke — Halifax/ Northampton counties, NC (0, Moderate, 0)
Tar River Basin (High, Moderate, High):
11. Upper/Middle Tar —Granville/ Franklin/ Nash/ Person/ Vance counties, NC (High,
Moderate, High)
12. Lower Tar- Beaufort/Edgecombe/Pitt counties, NC (Low, Moderate, Low)
13. Fishing Creek Subbasin — Franklin/Halifax/Nash/Warren counties, NC (High,
Moderate, High)
14. Sandy Swift Creek — Edgecombe/Franklin/Nash counties, NC (High, Moderate, High)
Neuse River Basin (Moderate, Low, Moderate):
15. Upper Neuse — Durham/Orange/Person counties, NC (Moderate, Low, Moderate)
16. Middle Neuse Durham/Franklin/Johnson/Wake/Wayne/Wilson counties, NC
(Moderate, Low, Moderate)
Cape Fear River Basin (Low, Low, Low):
17. New Hope — Chatham/Durham/Orange/Wake counties, NC (Moderate, Low,
Moderate)
18. Deep River Subbasin — Alamance/Chatham/Moore/Randolph counties, NC (Low,
Low, Low)
19. Cape Fear Mainstream — Cumberland/Harnett/Wake counties, NC (0, Low, 0)
20. Black — Bladen/fender/Sampson counties, NC (0, High, 0)
Pee Dee River Basin (Low, Low, Low):
21. Muddy Creek — Davidson/Forsyth/Stokes counties, NC (0, Low, 0)
22. Uwharrie/Little — Davidson/Montgomery/Randolph counties, NC (Low, Moderate,
Low)
23. Goose/Lanes — Anson/Union counties, NC (0, Low, 0)
Catawba River Basin (0, Low, 0): One shell was observed in the 1800s in Long Creek,
Gaston County, NC
Edisto River Basin (0, Moderate, 0): Five shells were discovered in a European
collection, dating back to the 1800s, no individuals have been observed since. Precise
location of where shells originated is not known.
Savannah River Basin (0, Low, 0): Type specimen collected from this MU in 1834
(Richmond County, GA). Dive surveys in 2006 collected individuals that were later
identified as Elliptios, not AP
Freshwater Mussel Survey Report August 2023
Job# 23-330 Page 4

Ogeechee River Basin (O, Moderate, O): Live individuals found in 1970s in
Williamson Swamp Creek (Johnson/Washington counties, GA), however it is presumed
extirpated due to a failure to locate AP despite extensive surveys.
Altamaha River Basin (O, Moderate, O): Two shells were located in the 1800s within
this MU but have not been recorded since.
3.1.3 Threats to Species
The cumulative effects of several factors, including sedimentation, point and non -point
discharge, stream modifications (impoundments, channelization, etc.) have contributed to the
decline of this species throughout its range. The low numbers of individuals and the restricted
range of most of the surviving populations make them extremely vulnerable to extirpation from a
single catastrophic event or activity (Strayer et al. 1996). Catastrophic events may consist of
natural events such as flooding or drought, as well as human influenced events such as toxic
spills associated with highways, railroads, or industrial -municipal complexes.
Siltation resulting from substandard land -use practices associated with activities such as
agriculture, forestry, and land development has been recognized as a major contributing factor to
degradation of mussel populations. Siltation has been documented to be extremely detrimental to
mussel populations by degrading substrate and water quality, increasing potential exposure to
other pollutants, and direct smothering of mussels (Ellis 1936, Marking and Bills 1979).
Sediment accumulations of less than one inch have been shown to cause high mortality in most
mussel species (Ellis 1936).
Sewage treatment effluent has been documented to significantly affect the diversity and
abundance of mussel fauna (Goudreau et al. 1988). Goudreau et al. (1988) found that recovery of
mussel populations may not occur for up to two miles below points of chlorinated sewage
effluent.
The impact of impoundments on freshwater mussels has been well documented (USFWS 1992a,
Neves 1993). Construction of dams transforms lotic habitats into lentic habitats, which results in
changes in aquatic community composition. The changes associated with inundation adversely
affect both adult and juvenile mussels, as well as fish community structure, which could
eliminate possible fish hosts for upstream transport of glochidia. Muscle Shoals on the Tennessee
River in northern Alabama, once the richest site for naiads (mussels) in the world, is now at the
bottom of Wilson Reservoir and covered with 19 feet of muck (USFWS 1992b). Large portions
of all the river basins within the Atlantic Pigtoe's range have been impounded; this is believed to
be a major factor contributing to the decline of this species and many other species (Master
1986).
The introduction of exotic species such as the Asian Clam (Corbicula fluminea) and Zebra
Mussel (Dreissena polymorpha) has also been shown to pose significant threats to native
freshwater mussels. The Asian Clam is now established in most of the major river systems in the
United States (Fuller and Powell 1973), including those streams still supporting surviving
Freshwater Mussel Survey Report August 2023
Job# 23-330 Page 5

populations of the Atlantic Pigtoe. Concern has been raised over competitive interactions for
space, food and oxygen with this species and native mussels, possibly at the juvenile stages
(Neves and Widlak 1987, Alderman 1995). The Zebra Mussel, native to the drainage basins of
the Black, Caspian, and Aral Seas, is an exotic freshwater mussel that was introduced into the
Great Lakes in the 1980s and has rapidly expanded its range into the surrounding river basins,
including those of the South Atlantic slope (O'Neill and MacNeill 1991). This species competes
for food resources and space with native mussels and is expected to contribute to the extinction
of at least 20 freshwater mussel species if it becomes established throughout most of the eastern
United States (USFWS 1992b). The Zebra Mussel is not currently known to be present in any
river supporting Atlantic Pigtoe populations.
3.1.4 Designated Critical Habitat
As mentioned in Section 1.0, the Atlantic Pigtoe is listed as a Federally Threatened Species
under the Endangered Species Act (ESA) with Section 4(d) Rule and Critical Habitat
Designation. In accordance with Section 4 of the ESA, Critical Habitat for listed species consists
of:
(1) The specific areas within the geographical area occupied by the species at the time it is
listed, in which are found those physical or biological features (constituent elements) that
are:
a. essential to the conservation of the species, and
b. which may require special management considerations or protection
(2) Specific areas outside the geographical area occupied by the species at the time it is listed
in accordance with the provisions of Section 4 of the Act, upon a determination by the
Secretary that such areas are "essential for the conservation of the species."
On November 16, 2021, USFWS listed the AP as a Threatened species under the ESA. Critical
habitat was revised with the listing (86 FR 64000) and consists of the following (USFWS
2021 a):
• Unit 1 (JRI) - 29 river mi (46.7 river km) of Craig Creek in Craig and Botetourt
Counties, Virginia
• Unit 2 (JR2) - 1 mile (1.6-km) of Mill Creek in Bath County, Virginia
• Unit 3 (CRI) - 4 miles (6.6 km) of Sappony Creek in the Chowan River Basin in
Dinwiddie County, Virginia
• Unit 4 (CR2) - 64 river miles (103 river km) of the Nottoway River and a portion of
Sturgeon Creek in Nottoway, Lunenburg, Brunswick, Dinwiddie, and Greenville
Counties, Virginia
• Unit 5 (CR3) - 5 miles (8 km) of the Meherrin River in Brunswick County, Virginia
• Unit 6 (RRI) - 14 miles (22.5 km) of the Dan River in Pittsylvania County, Virginia and
Rockingham County, North Carolina
Freshwater Mussel Survey Report August 2023
Job# 23-330 Page 6

• Unit 7 (RR2) - 12 miles (19.3 km) of Aarons Creek in Granville County, North Carolina
and along the Mecklenburg County -Halifax County line in Virginia and North Carolina
• Unit 8 (RR3) —3 miles (4.8 km) of Little Grassy Creek in the Roanoke River Basin in
Granville County, North Carolina
• Unit 9 (TR1) - 91 miles (146.5 km) of the main stem of the upper and middle Tar River
as well as several tributaries (Bear Swamp Creek, Crooked Creek, Cub Creek, and
Shelton Creek), in Granville, Vance, Franklin, and Nash Counties, North Carolina.
• Unit 10 (TR2) - 50 miles (80.5km) of Sandy/Swift Creek in Granville, Vance, Franklin,
and Nash Counties, North Carolina
• Unit 11 (TR3) - 85 miles (136.8 km) in Fishing Creek, Little Fishing Creek, Shocco
Creek, and Maple Branch located in Warren, Halifax, Franklin, and Nash Counties, North
Carolina
• Unit 12 (TR4) - 30 miles (48.3 km) of the Lower Tar River, lower Swift Creek and lower
Fishing Creek in Edgecombe County, North Carolina
• Unit 13 (NRl) - 60 river miles (95 river km) in four subunits including Flat River, Little
River, Eno River, and the Upper Eno River in Person, Durham, and Orange Counties,
North Carolina
• Unit 14 (NR2) - 61 river miles (98.2 river km) in five subunits including Swift Creek,
Middle Creek, Upper Little River, Middle Little River, and Contentnea Creek in Wake,
Johnston, and Wilson Counties, North Carolina
• Unit 15 (CF 1) - 4 miles (6.4 km) of habitat in New Hope Creek in Orange County, North
Carolina
• Unit 16 (CF2) - 10 river miles (16.1 river km) of Deep River in Randolph County, North
Carolina, including the main stem as well as Richland Creek and Brush Creek
• Unit 17 (YR1) - 40 miles (64.4 km) of Little River in Randolph and Montgomery
Counties, North Carolina
*JR, CR, RR, TR, NR, CF and YR denote James River, Chowan River, Roanoke River, Tar
River, Neuse River, Cape Fear River and Yadkin River Basins, respectively.
Critical Habitat Unit 14 occurs closest to the Project; the unit is 43.9 RM from the Project
located in Swift Creek (Appendix A, Figure 2-2).
4.0 SURVEY EFFORTS
Surveys for target mussel species were conducted by Three Oaks personnel Tim Savidge (Permit
23-ES0034) and Trevor Hall on July 27, 2023.
4.1 Survey Methodology
Surveys for mussels were conducted within the larger UT to Hodges Mill Creek as shown in
Figure 1. Areas of appropriate habitat were searched, concentrating on the stable habitats
Freshwater Mussel Survey Report August 2023
Job# 23-330 Page 7

preferred by the Atlantic Pigtoe. The survey team spread out across the creek into survey lanes
where the creek was wide enough to allow working upstream through the survey reach. Visual
surveys were conducted using viewscopes. Tactile methods were employed, particularly in
streambanks under submerged rootmats. If encountered, all freshwater bivalves were to be
recorded and returned to the substrate and the surveys were timed to allow for Catch Per Unit
Effort (CPUE) data to be calculated for each species. Additionally, relative abundance for
freshwater snails and freshwater clam species if encountered were to be estimated using the
following criteria:
➢ (VA) Very abundant > 30 per square meter
➢ (A) Abundant 16-30 per square meter
➢ (C) Common 6-15 per square meter
➢ (U) Uncommon 3-5 per square meter
➢ (R) Rare 1-2 per square meter
➢ (P-) Ancillary adjective "Patchy" indicates an uneven distribution of the species within the
sampled site.
5.0 RESULTS
No freshwater mussels, or any aquatic mollusks were encountered during the survey efforts. The
details of the surveys results and habitat descriptions are provided below.
5.1 Stream Conditions: Surveyed Reach of UT Hodges Mill Creek
The channel in the surveyed portion of UT Hodges Mill Creek ranged from five to 10 feet wide,
with banks, as much as six feet high, but averaging two to three feet, that exhibited moderate
erosion and undercutting. Other than an approximately 450 foot portion within a maintained
powerline ROW, just downstream of the parcel boundary, the stream was bordered by woodland
of varying width. Habitat in much of the reach consisted of a series of riffles and runs, with
occasional pools below riffle breaks. The stream was running low and clear during the site visit,
with water depths ranging from a few inches to a maximum depth of three feet in one scour pool
in the upper portion of the surveyed reach. The majority of the pools, however, had water depths
of one foot or less. The substrates in the stream were dominated by shifting unconsolidated sand,
gravel, and silt with patches of gravel and pebble in faster moving areas. The channel flows over
numerous granitic bedrock/boulder outcrops throughout the reach, that created small cascades
and scour pools. Large amounts of deposited sand were observed along and outside of the banks,
particularly in the powerline ROW. There were three corrugated metal pipe crossings of the
channel observed within the surveyed portion of the stream.
Approximately two thirds of the way into the Project parcel boundary and just above the
confluence with a small channel flowing south through the central portion of the parcel, the
channel narrowed to four feet wide, and it was determined that the UT Hodges Mill Creek did
not provide potentially suitable habitat for freshwater mussels, as the majority of the stream was
dry, with water present in a few scattered pools. The point where the evaluation changed from
surveys to habitat assessment is depicted in Figure 1.
Freshwater Mussel Survey Report August 2023
Job# 23-330 Page 8

5.2 Mussel Survey Results
A total of 1.83 person hours of mussel survey time were spent in the reach during which no
freshwater mussels were located. Additionally, no other aquatic mollusk species were observed.
6.0 DISCUSSION/CONCLUSIONS
These efforts provide updated freshwater mussel species survey data and habitat assessment for
the Marks Creek Road Development project. The Atlantic Pigtoe was not found during these
surveys. While other species were also not found during these surveys, limited potential habitat
is present; thus, the presence of additional species cannot be altogether ruled out.
Earlier in 2023, Three Oaks conducted a freshwater mussel survey on Hodges Mill Creek
immediately upstream of its confluence with Harris Creek, approximately four miles downstream
of the Project area. Similar to the Project survey, the high amounts of shifting substrate made the
presence of Atlantic Pigtoe unlikely, and although one species of freshwater mussel, the Eastern
Elliptio (Elliptio complanata), was located, it was concluded the Atlantic Pigtoe is unlikely to be
present. While this portion of Hodges Mill Creek was larger and had potential to support
freshwater mollusk diversity, the small size and limited habitat of the Project UT makes the
presence of freshwater mussels very unlikely.
Based on the lack of previous positive surveys, limited habitat, and these survey results, impacts
to the Atlantic Pigtoe are unlikely to occur in the study area. Strict adherence to erosion control
standards should minimize the potential for any adverse impacts to occur. Recommended
biological conclusions on potential impacts from the project are provided below.
The USFWS is the regulating authority for Section 7 Biological Conclusions and as such, it is
recommended that they be consulted regarding their concurrence with the finding of this
document.
Recommended Biological Conclusion Atlantic Pigtoe: May Affect, Not Likely to Adversely
Affect
Freshwater Mussel Survey Report August 2023
Job# 23-330 Page 9

7.0 LITERATURE CITED
Alderman, J. M. 1995. Monitoring the Swift Creek Freshwater mussel community. Unpublished
report presented at the UMRCC symposium on the Conservation and Management of
Freshwater Mussels II Initiative for the Future. Rock Island, IL, UMRCC.
Conrad, T.A. 1834. New freshwater shells of the United States, with coloured illustrations; and a
monograph of the genus Anculotus of Say; also a synopsis of the American naiades. J.
Dobson, 108 Chestnut Street, Philadelphia, Pennsylvania. 1-76, 8 pls.
Eads, C.B. and J.F. Levine. 2012. Refinement of Growout Techniques for Four Freshwater
Mussel Species. Final Report submitted to NC Wildlife Resources Commission, Raleigh,
NC. 15pp.
Ellis, M. M. 1936. Erosion Silt as a Factor in Aquatic Environments. Ecology 17: 29-42.
Fuller, S. L. H. and C. E. Powell. 1973. Range extensions of Corbicula manilensis (Philippi) in
the Atlantic drainage of the United States. Nautilus 87(2): 59.
Goudreau, S. E., R. J. Neves, and R. J. Sheehan. 1988. Effects of Sewage Treatment Effluents on
Mollusks and Fish of the Clinch River in Tazewell County, Virginia. USFWS: 128 pp.
Johnson, R.I. 1970. The systematics and zoogeography of the Unionidae (Mollusca: Bivalvia) of
the southern Atlantic slope region. Bulletin of the Museum of Comparative Zoology.
140: 263-449.
Marking, L.L., and T.D. Bills. 1979. Acute effects of silt and sand sedimentation on freshwater
mussels. Pp. 204-211 in J.L. Rasmussen, ed. Proc. of the UMRCC symposium on the
Upper Mississippi River bivalve mollusks. UMRCC. Rock Island IL. 270 pp.
Master, L. 1986. Alasmidonta heterodon: results of a global status survey and proposal to list as
an endangered species. A report submitted to Region 5 of the U.S. Fish and Wildlife
Service. 10 pp. and appendices.
Natureserve. October 2018. Natureserve Explorer: An online encyclopedia of life [web
application]. Version 7.1. Natureserve, Arlingon, Virginia. Available
https:Hexplorer.natureserve. org/Taxon/ELEMENT—GLOBAL.2.1066291 /Fusconai a_mas
oni. (Accessed January 2022). Species Accessed: Fusconaia masoni
Neves, R. J. and J. C. Widlak 1987. Habitat Ecology of Juvenile Freshwater Mussels (Bivalvia:
Unionidae) in a Headwater Stream in Virginia. American Malacological Bulletin 1(5): 1-
7.
Freshwater Mussel Survey Report August 2023
Job# 23-330 Page 10

Neves, R.J. 1993. A state of the Unionids address. Pp. 1-10 in K.S. Cummings, A.C. Buchanan,
and L.M. Kooch, eds. Proc. of the UMRCC symposium on the Conservation and
Management of Freshwater Mussels. UMRCC. Rock Island IL.189 pp.
North Carolina Natural Heritage Program (NCNHP). 2023. Biotics Database. Division of Land
and Water Stewardship. Department of Natural and Cultural Resources. April 2023
version.
O'Dee, S.H., and G.T. Waters. 2000. New or confirmed host identification for ten freshwater
mussels. Pp. 77-82 in R.A. Tankersley, D.I. Warmolts, G.T. Waters, B.J. Armitage, P.D.
Johnson, and R.S. Butler (eds.). Freshwater Mollusk Symposia Proceedings Part I.
Proceedings of the Conservation, Captive Care and Propagation of Freshwater Mussels
Symposium. Ohio Biological Survey Special Publication, Columbus.
O'Neill, C. R., Jr., and D. B. MacNeill. 1991. The zebra mussel (Dreissena polymorpha): an
unwelcome North American invader. Sea Grant, Coastal Resources Fact Sheet. New
York Sea Grant Extension. 12 pp.
Savidge, T. W., J. M. Alderman, A. E. Bogan, W. G. Cope, T. E. Dickinson, C. B. Eads,S. J.
Fraley, J. Fridell, M. M. Gangloff, R. J. Heise, J. F. Levine, S. E. McRae, R.B. Nichols,
A. J. Rodgers, A. Van Devender, J. L. Williams and L. L. Zimmerman. 2011. 2010
Reevaluation of Status Listings for Jeopardized Freshwater and Terrestrial Mollusks in
North Carolina. Unpublished report of the Scientific Council on Freshwater and
Teresstrial Mollusks. 177pp.
Smith, D. 1981. Selected freshwater invertebrates proposed for special concern status in
Massachusetts (Mollusca, Annelida, Arthropoda). MA Dept. of Env. Qual. Engineering,
Div. of Water Pollution Control. 26 pp.
United States Fish and Wildlife Service (USFWS). 1992a. Special report on the status of
freshwater mussels.
United States Fish and Wildlife Service (USFWS). 1992b. Endangered and Threatened species
of the southeast United States (The Red Book). FWS, Ecological Services, Div. of
Endangered Species, Southeast Region. Govt Printing Office, Wash, DC: 1,070.
United States Fish and Wildlife Service (USFWS). 2021a. Endangered and Threatened Wildlife
and Plants: Threatened Species Status with Section 4(d) Rule and Designation of Critical
Habitat for Atlantic Pigtoe. 50 CFR 17:86 FR 64000, 64000-64053. Docket Nos. FWS-
R4-ES-2018-0046FF09E21000 FXES1111090FEDR 223.
United States Fish and Wildlife Service (USFWS). 2021b. Species Status Assessment Report for
the Atlantic Pigtoe (Fusconaia masoni) Version 1.4.
https://ecos.fws.gov/ServCat/DownloadFile/201267
Freshwater Mussel Survey Report August 2023
Job# 23-330 Page 11

United States Fish and Wildlife Service (USFWS). 2023. USFWS Information for Planning and
Conservation (IPAC). Accessed February 2023. https:Hipac.ecosphere.fws.gov/location/
6R3AYQHHFJF VLI4PTXZ SAFTS2A/resources
Virginia Department of Game and Inland Fisheries (VDGIF). 2014. Atlantic Pigtoe
Conservation Plan. Bureau of Wildlife Resources. VDGIF, Richmond, VA. 31 pp.
Wolf, E.D. 2012. Propagation, Culture, and Recovery of Species at Risk Atlantic Pigtoe.
Virginia Tech Conservation Management Institute, Proj ect No. 11-108. 55pp.
Freshwater Mussel Survey Report August 2023
Job# 23-330 Page 12

Appendix A
Figures
Freshwater Mussel Survey Report August 2023
Job# 23-330 Page 13

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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
June 30, 2023
S&EC Project No: 14140.W5
Re: Online Project Review Request, Marks Creek Rd Subdivision, Knightdale — Wake County,
North Carolina
We have reviewed the referenced project using the USFWS North Carolina Field Office's online project
review process and have followed all guidance and instructions in completing the review. We completed
our review February 16, 2023 and are submitting an updated project review package in accordance with
the instructions for further review on June 30, 2023.
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.
Marks Creek Rd Subdivision (35.836233,-78.452822). The site is located at 3705 Marks Creek Rd,
Knightdale — Wake County, North Carolina.
Construction will commence following the anticipated Section 404 & 401 Approvals and should be
completed by the Nationwide Permit Expiration date of March 15, 2026.
This project review is needed under provisions of Section 7 of the Endangered Species Act (ESA), and
per General Condition 18 of Nationwide Permit 29.
The enclosed project review package provides the information about the species and critical habitat
considered in our review. The species conclusions table included in the package identifies our
determinations for the resources that may be affected by the project.
For additional information, please contact Mason Montgomery at mmontgomery(asandec.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: [phone] • Fax: [phone]
sandec.com
February 16, 2023
S&EC Project No.: 14140.W5
To: Ellis Developments Group
Attn: Jason Pfister
6801 Falls of Neuse Road, Suite 108
Raleigh, NC 27615
Re: THREATENED & ENDANGERED SPECIES REPORT
Marks Creek Road Subdivision (+/- 60 acres)
3705 Marks Creek Road, Knightdale, Wake County, NC
Jason Pfister:
On February 9 and May 2, 2023, Soil & Environmental Consultants, PA (S&EC) evaluated the Marks
Creek Rd Subdivision property shown on the attached maps for potential endangered species. The
property is located at 3705 Marks Creek in Wake County, NC. Surface waters on -site flow into Hodges
Mill 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 & N11P
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.
Marks Creek Rd Subdivision - S&EC Threatened & Endangered Species Report
Page 1 of 7

February 16, 2023
S&EC Project #14140.W5
RESULTS:
The FWS official species list identified the following species for the Evaluation limits:
• Tricolored Bat, (Perimyotis subflavus), Proposed Endangered
• Red -cockaded Woodpecker (Picoides borealis), Endangered
• Neuse River Waterdog (Necturus lewisi), Threatened
• Carolina Madtom (Noturus furiosus), Endangered
• Atlantic Pigtoe (Fusconaia masoni), Threatened
• Dwarf Wedgemussel (Alasmidonta heterodon), Endangered
• Monarch Butterfly (Danaus plexippus), Candidate
• Michaux's Sumac (Rhus michauxii), Endangered
Of the species identified on the official species list, the NHP report did 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 two natural areas and three managed areas within the project area or within one mile
of the project area. These are listed out in the attached NHP Report. The Temple Flat Rock habitat that
is managed by the Triangle Land Conservancy is off -site and abuts the western boundary of our
evaluation area. TLC granted S&EC permission to access the Temple Flat Rock to document the
habitat types for comparison to the project area. During the evaluation, no similar habitat was observed
on -site.
TRICOLORED BAT (Perimyotis subflavus):
S&EC personnel conducted preliminary surveys for suitable habitat of Tricolored Bat's within the
project area. During our preliminary habitat survey, we observed no individual species. Relying upon
the findings of the December 2021 Species Status Assessment (SSA) Report for the Tricolored Bat.
S&EC identified recently vacant structures that had no evidence of the presence of the Tricolored Bat.
S&EC did not identify any culverts on -site or 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 is "Not likely to jeopardize the existence of the species" for
TCB's. It should be noted that the developer is willing to limit tree clearing to the winter months and to
avoid tree clearing during the pup season.
Marks Creek Rd Subdivision - S&EC Threatened & Endangered Species Report
Page 2 of 7

February 16, 2023
S&EC Project #14140.W5
RED -COCKADED WOODPECKER (Picoides borealis):
S&EC personnel conducted preliminary surveys of suitable habitat (foraging and cavity trees) for Red -
cockaded Woodpeckers (RCWs) within the project area. During our preliminary habitat survey, we
observed 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. The Loblolly pine stands on -site were
traversed and no evidence of RCW's was observed, such as cavity trees. Given the lack of suitable
habitat we concluded that the project would have "No effect" on RCWs.
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 rifles, runs, and
pools. While we did not specifically sample 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 potentially suitable habitat does not exist on -site. The second
order perennial streams were +/-5 feet wide with strong baseflow and had a rocky sandy substrate.
Additionally, the other streams on -site did not have suitable habitat. Due to these observations and the
lack of elemental occurrences within 1 mile of the site, 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 the species, we also did not find any
Marks Creek Rd Subdivision - S&EC Threatened & Endangered Species Report
Page 3 of 7

February 16, 2023
S&EC Project #14140.W5
evidence of the species while conducting our preliminary surveys of the streams for potential suitable
habitat.
Our preliminary survey concluded that potentially suitable habitat does not exist on -site. The second
order perennial streams were +/-5 feet wide with strong baseflow and had a rocky sandy substrate.
Additionally, the other streams on -site did not have suitable habitat. Due to these observations and the
lack of elemental occurrences within 1 mile of the site, 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 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 potentially suitable habitat does exist on -site. The second order
perennial streams were +/-5 feet wide with strong baseflow and had a rocky sandy substrate.
Additionally, the other streams on -site did not have suitable habitat. There are proposed stream
crossings at Impact Area 1 (+/- 5' wide section of perennial), and Impact Area 3 (+/- 4' wide section of
perennial). There is an existing culvert below Impact Area 1 that will be removed. Due to these
observations and the lack of elemental occurrences within 1 mile of the site, we have concluded that
the project would "May affect, not likely to adversely affect" 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
Marks Creek Rd Subdivision - S&EC Threatened & Endangered Species Report
Page 4 of 7

February 16, 2023
S&EC Project #14140.W5
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 that are greater than 5' 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 potentially suitable habitat does exist on -site. The second order
perennial streams were +/-5 feet wide with strong baseflow and had a rocky sandy substrate.
Additionally, the other streams on -site did not have suitable habitat. Due to these observations and the
lack of elemental occurrences within 1 mile of the site, we have concluded that the project would "May
affect, not likely to adversely affect" the Dwarf Wedgemussel.
MONARCH BUTTERFLY (Danaus plexippus):
The Monarch Butterfly is currently listed as a candidate species, and not yet listed or proposed for
listing as threatened or endangered. Due to the 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 michauxia):
S&EC personnel conducted preliminary surveys of suitable habitat within the project area. We visited
a known population of Michaux's sumac within Wake County prior to conducting our preliminary
surveys. We found no individual Michaux's Sumac species within the project area. The NHP report
did not list any known elemental occurrences within the project area. We found suitable habitat within
the project areas to include primarily disturbed open areas along fields and easements. S&EC
completed a follow up survey on May 2, 2023, and did not observe any individual species or
populations of Michaux's sumac. Due to these observations, S&EC believes the project will 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
Marks Creek Rd Subdivision - S&EC Threatened & Endangered Species Report
Page 5 of 7

February 16, 2023
S&EC Project #14140.W5
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.
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).
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. Impact Maps
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. January 30, 2023.
7. NHP Report: January 30, 2023.
8. S&EC — FWS Species Conclusion Table. June 30, 2023.
9. S&EC — FWS Self -Certification Letter. June 30, 2023.
Marks Creek Rd Subdivision - S&EC Threatened & Endangered Species Report
Page 6 of 7

February 16, 2023
S&EC Project #14140.W5
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 (IPaQ & Raleigh Ecological Services Field
Office Online Project Reviews website.
-U.S. Fish and Wildlife Service. 2021. Species status assessment report for the Atlantic Pigtoe (Fusconaia masoni). Version
1.2. December 2021. Atlanta, GA.
-U.S. Fish and Wildlife Service. 1993. Michaux's Sumac Recovery Plan. Atlanta, Georgia:
U.S. Fish and Wildlife Service. 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/
-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
Marks Creek Rd Subdivision - S&EC Threatened & Endangered Species Report
Page 7 of 7

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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: 2023-0039205
Project Name: 3705 Marks Creek Road
e x
hSai k 4YYFJiYJft
+cfln7i�
i�
January 30, 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

01/30/2023
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.

01/30/2023
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

01/30/2023
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]

01/30/2023
Project Summary
Project Code: 2023-0039205
Project Name: 3705 Marks Creek Road
Project Type: Residential Construction
Project Description: This project is located in Wake County, NC and is approximately 60
acres.
Project Location:
Approximate location of the project can be viewed in Google Maps: https:
www. google.com/maps/(a)35.83578275,-78!45258769759187,14z
C:1�u'-V
Counties: Wake County, North Carolina

01/30/2023 3
Endangered Species Act Species
There is a total of 8 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 STATUS
Tricolored Bat Perimyotis subflavus Proposed
No critical habitat has been designated for this species. Endangered
Species profile: https:Hecos.fws.gov/ecp/species/10515
NAME STATUS
Red -cockaded Woodpecker Picoides borealis Endangered
No critical habitat has been designated for this species.
Species profile: https:Hecos.fws.gov/ecp/species/7614
Amphibians
NA MF 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

01/30/2023
Clams
NET A nRR
Atlantic Pigtoe Fusconaia masoni
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
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.

01/30/2023
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.
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.
Black -billed Cuckoo Coccyzus erythropthalmus Breeds May 15
This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA to Oct 10
and Alaska.
https:Hecos.fws.gov/ecp/species/9399

01/30/2023
BREEDING
NAME SEASON
Chimney Swift Chaetura pelagica Breeds Mar 15
This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA to 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
to Aug 20
and Alaska.
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

01/30/2023
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
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 FEBI MAR APR MAY JUN JUL AUG SEP OCT NOV DEC
Bald Non -BCC L T+ +++' ��II IIII 11hom ■�11 ` 11■■
Black -Vulnerable ** * **** ** **** **** **
Cuckoo
++++ ++++ ++++ ++++ +*+, t��� �•tt t•tt tt�t t'..........
Cuckoo
BCC Rangewide
(CON) Chimney Swift
BCC Rangewide ++++ ++++ ++++ HE 111111 11111+1 Jill Jim+ ++++ ++++
(CON)

01/30/2023
4
Kentucky Warbler +� + ■■! ■■
BCC Rangewide ++* I + +++ ++++:,I++ ++++ ++++ ++++ ++++
(CON)
Prairie Warbler BCC Rangewide ++++ ++++ ++++ 0T1' 014 „++ ++++ ++++ +10+ ++++ ++++ ++++
(CON) EMMM MEN
Prothonotary ++++ ++++ ++++ +ITT TTTJ ' 115 F++ ++++ ++++ ++++ ++++ ++++
Warbler
BCC Rangewide
(CON)
Red-headed Woodpecker +++I moll i I++ ++++ ++ i �ql IN++ ++++ ++++
BCC Rangewide ---—J+�■■w
(CON)
Rusty Blackbird �,+++++ ++++ ++++ ++++ ++++ ++++ ++++
BCC -BCR
Wood Thrush
BCC Rangewide +11+1+41 IIII II I
(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-minimizinp--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.

01/30/2023 5
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).

01/30/2023 6
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.

01/30/2023
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]

Roy Cooper, Governor
9" 0 INC DEPARTMENT OF
""i ■
WMk.M 1 NATURAL AND CULTURAL RESOURCES
■-000
January 30, 2023
Robert Zarzecki
Soil & Environmental Consultants, PA
8412 Falls of Neuse Road, Suite 104
Raleigh, NC 27615
RE: 3705 Marks Creek Road; 14140.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. PAL EIGH. rkc 276�0
OFC 919.707.9120 • FAK 919.707.9421

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apP��,ENT OF' Tye, E IN
nKLI ak rWILDLIFE
N yo United States Department of the Interior
FISH AND WILDLIFE SERVICE
ch s,
Raleigh Field Office
P.O. Box 33726
Raleigh, NC 27636-3726
Date:
February 16, 2023
Self -Certification Letter
Project Name Marks Creek
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
0 "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