20231242 Ver 1_USACE RFAI_20240104

Baker, Caroline D
From: Bailey, David E CIV USARMY CESAW (USA) <[e-mail]>
Sent: Friday, October 6, 2023 11:16 AM
To: [e-mail]
Subject: Informal Section 7 Consultation Request - Cambria / Walters Buffaloe Assemblage /
New Bethel Road / Garner / Wake County; SAW-2021-01965
Attachments: Pages from 20230908 PCN and Plans.pdf
Kathy,
This email serves as the USACE consultation request for listed species for the above referenced project: Action ID No.
SAW-2021-01965.
Brief project description: This verification would authorize the permanent discharge of fill material into 0.042 acre (235
linear feet) of stream channel (0.035 acre [187 linear feet] of which is considered a permanent loss) and 0.183 acre of
riparian non-riverine wetlands, and the temporary discharge of fill material into 0.010 acre (79 linear feet) of stream
channel and 0.029 acre of riparian non-riverine wetlands, necessary for the construction of access and infrastructure for
the Cambria residential development. Note that the project would also result in the permanent conversion of 0.006 acre
of forested wetlands to herbaceous wetlands.
Project latitude and longitude in decimal degrees: 35.6492,-78.5664;
Informal consultation concerning: Atlantic pigtoe (Fusconaia masoni) and yellow lance (Elliptio lanceolate);
USACE determination for species and/or critical habitat under consultation: we reviewed the IPaC list of species on
10/6/2023. The nearest element occurrences are documented for dwarf wedgemussel (Alasmidonta heterodon),
Atlantic pigtoe (Fusconaia masoni), and yellow lance (Elliptio lanceolate) —3 miles downstream of the Action Area in
Swift Creek. The nearest designated critical habitat is also —3 miles downstream of the Action Area in Swift Creek.
Based on information from the applicant in the PCN (see attached "Pages from 20230908 PCN and Plans"), the USACE
offers the following determinations and requests your concurrence: May Affect Not Likely to Adversely Affect for
Atlantic pigtoe and yellow lance.
Note that the Corps has reached determinations of No Effect for this project for all other currently listed species within
the Action Area based on either lack of suitable habitat (red cockaded woodpecker [Picoides borealis], Neuse River
waterdog [Necturus lewisi], Carolina Madtom [Noturus furiosus], pre -application meeting discussions with USFWS (dwarf
wedgemussel - Kathy Matthews on 1/12/2023), or recent pedestrian species surveys during appropriate survey windows
(Michaux's sumac [Rhus michauxii]).
The Action Area containing potentially suitable habitat for the Atlantic pigtoe and yellow lance includes the perennial
portion of Stream B, specifically within and immediately adjacent to proposed Impact 5 (road crossing/culvert), as well
as waters downstream. This portion of Stream B is approximately 10-feet wide, although the applicant states that,
during normal low flow conditions, water was limited to a thalweg approximately 3 feet wide and 6-inches deep. Eroding
banks are present along portions of Stream B, although the riparian area is forested throughout. Pictures of the channel
are included in the attached "Pages from 20230908 PCN and Plans."
The applicant provided the following information regarding listed aquatic species in the PCN:
Because the protected aquatic species require streams with continuous, year-round flow, intermittent streams B3, D, E, K,
M, and the intermittent section of stream B would not provide suitable habitat. Perennial streams A, B, and B2 drain east
towards an unnamed tributary of Swift Creek that flows nearly 3 miles before reaching Swift Creek. At the time of the

field evaluation conducted by Timmons Group on October 27, 202Z low flow conditions were observed, and water was
limited to the thalweg that was approximately 3 feet wide with an average of 6 inches of water. Also, evidence of algae,
areas of fine sediment coating the streambed, and murky brown tinge water in stagnant areas were observed, which are
all indicative of low dissolved oxygen concentrations. During the Pre -Application meeting for the project on January 19,
2023, the USFWS noted the Site is located too far up in the watershed for dwarf wedegemussel and Neuse River
waterdog to be a concern.
To avoid potential indirect impacts to T&E species, the below Erosion and Sediment Control stipulations will be followed:
• A double row of silt fence installed in areas within 50 ft of delineated streams and wetlands, to ensure that
erosion is captured effectively.
• Inspect all vehicles for leaks immediately prior to entering the jurisdictional impact areas each day. Repair any
leaks and clean construction vehicles thoroughly to remove any residual dirt, mud, debris, grease, motor oil,
hydraulic fluid, coolant, or other hazardous substances from construction vehicles.
• When not in use, materials and vehicles will be staged in upland areas outside of the 50 ft riparian buffer.
Minimize the size and number of access corridors for construction vehicles in jurisdictional water and riparian
buffer impact areas.
• Restore all disturbed soils within jurisdictional impact areas to grade and provide temporary stabilization
measures as necessary to prevent erosion until the area can revegetate.
• Outlets from silt fence and other construction erosion control devices will not discharge closer than 50 feet to the
top of bank, except at road and utility crossing locations where this is not feasible due topographic constraints.
• Silt fence outlets for each row of silt fence should be offset to provide additional retention of water and sediment
in the outer row.
• Inspections, repairs, cleaning, and/or servicing should be conducted either before the vehicle, equipment, or
machinery is transported into the field or at the work site.
• All drilling muds, wash -water runoff, and/or other harmful materials should be appropriately controlled to
prevent entry into the waterbody, including the riparian zone.
• Fuel and maintain vehicles or equipment and store potentially toxic substances (fuels, paints, solvents, lubricants,
etc.) within a containment area in uplands.
• Temporary and permanent stabilization measures should include only natural materials that are expected to
degrade over time.
• Impacted areas will immediately be stabilized and revegetated. Per local requirements, all road rights -of -way
must be replanted with sod turf grasses for long-term maintenance. Utility and greenway rights -of -way will be
maintained by the appropriate municipality. Portions of the site outside of rights -of way will be revegetated with
native seed mixes.
Based on the above, and the low quality of habitat for these species in the Action Area, it is likely that turbidity and
sedimentation potentially released by the proposed project would have the largest potential effect on this species,
primarily in areas of suitable habitat downstream. These potential effects can reasonably be mitigated through their
proposed Erosion and Sediment Control stipulations during construction. As such, we request Service concurrence on a
determination of May Affect Not Likely to Adversely Affect for these species. Based on the above, the Corps believes
that it has fulfilled its responsibilities under Section 7(a)(2) of the ESA for these species.
The USACE is not aware of any other issues concerning currently listed species and/or critical habitat.
Sincerely,
Dave Bailey
David E. Bailey, PWS
Regulatory Project Manager
US Army Corps of Engineers
CE-SAW-RG-R

3331 Heritage Trade Drive, Suite 105
Wake Forest, North Carolina 27587
Mobile: [phone]
Email: David. [e-mail]
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