20240101 Ver 1_PCN Attachments_Grove 98_20240115

PCN Attachments
1. AGENT AUTHORIZATION
2. USGS TOPO VICINITY MAP
3. NRCS COUNTY SOIL SURVEY VICINITY MAP
4. USACE JURISDICTIONAL DETERMINATION (PJD/AJD/CONCURRENCE
EMAIL)
5. S&EC WETLAND SKETCH MAP
6. NCDWR BUFFER DETERMINATION LETTER
7. COMPENSATORY MITIGATION SOA LETTER
8. S&EC THREATENED & ENDANGERD SPECIES REPORT
9. USFWS CONCURRENCE EMAIL
10. EXISTING CONDITIONS & PROPOSED CONDITIONS MAPS
11. CROSSING PROFILES
12. IMPACT EXHIBITS

Environmental Consultants,
8412 Falls of Neuse Road, Suite 104, Raleigh, NC 27615 • Phone; [phone]
sandec.com
AGENT AUTHORIZATION
Project Name/Description: Grove 98 NEQ S&EC Project 4 14093
Date:
The Department of the Army
U.S. Army Corps of Engineers, Wilmington District
69 Darlington Avenue
Wilmington, NC 28403
Attn: Andy Williams Field Office: Regulatory Field Office
I, the undersigned, authorizes S&EC, as my agent, to act on my behalf and take all actions necessary for
the processing, issuance and acceptance of a permit or certification and any and all associated standard
and special conditions. This notification supersedes any previous correspondence concerning the agent for
this project.
PARCEL INFORMATION:
Parcel Index Number(s) (PIN): 1830-97-2389
Site Address:
City, County, State: Wake Forest, Wake County, NC
APPLICANT INFORMATION
Name: Alliance Group of NC, LLC
Mailing Address: 7208 Falls of Neuse Suite 101, Raleigh NC 27615
Telephone Number: 919.239.9486
Email: [e-mail]
Jacob Anderson.
Applicant (UIQQse print)
Applicant
Date
We hereby -certify the above information submitted in this application is true and accurate to
the best of our knowledge,

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Date: Source:Wake County Soil Soil & Environmental Consultants, PA
09/06/2022 Survey Sheet 14 8412Fa11sofN... Road, Suite 104, Raleigh, NC 27615•Phone[phone]• Fac(919) 846-9467
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11

I
U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. SAW-2020-01411 County: Wake County U.S.G.S. Quad: Wake Forest
NOTIFICATION OF JURISDICTIONAL DETERNIINATION
Property Owner/Applicant: Soil & Environmental and Consultants, PA
Josh Harvey
Address: 8412 Falls of Neuse Road Suite 104
Raleigh, North Carolina 27615
Telephone Number: 919-404-7179 x 318
Size (acres) 79 (approximately) Nearest Town Wake Forest
Nearest Waterway Richland Creek River Basin Neuse
USGS HUC 03020201 Coordinates Latitude: 35.966532
Longitude:-78.53180
Location description: The 79 acre (approximate) site is located approximately 2000 feet east of the Galaxy Drive, NC
Highwav 98 intersection in Wake Forest. Wake County. North Carolina and is identified as the Highwav 98 Wegmans
Site (see attached ma
Indicate Which of the Following Apply:
A. Preliminary Determination
X There are waters, including wetlands, on the above described project area, that may be subject to Section 404 of the
Clean Water Act (CWA)(33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403). The
waters, including wetlands, have been delineated, and the delineation has been verified by the Corps to be sufficiently
accurate and reliable. Therefore this preliminary jurisdiction determination may be used in the permit evaluation process,
including determining compensatory mitigation. For purposes of computation of impacts, compensatory mitigation
requirements, and other resource protection measures, a permit decision made on the basis of a preliminary JD will treat all
waters and wetlands that would be affected in any way by the permitted activity on the site as if they are jurisdictional
waters of the U.S. This preliminary determination is not an appealable action under the Regulatory Program
Administrative Appeal Process (Reference 33 CFR Part 331). However, you may request an approved JD, which is an
appealable action, by contacting the Corps district for further instruction.
_ There are wetlands on the above described property, that may be subject to Section 404 of the Clean Water Act
(CWA)(33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403). However, since the
waters, including wetlands, have not been properly delineated, this preliminary jurisdiction determination may not be
used in the permit evaluation process. Without a verified wetland delineation, this preliminary determination is merely an
effective presumption of CWA/RHA jurisdiction overall of the waters, including wetlands, at the project area, which is
not sufficiently accurate and reliable to support an enforceable permit decision. We recommend that you have the
waters of the U.S. on your property delineated. As the Corps may not be able to accomplish this wetland delineation in a
timely manner, you may wish to obtain a consultant to conduct a delineation that can be verified by the Corps.
B. Approved Determination
_ There are Navigable Waters of the United States within the above described property subject to the permit requirements of
Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403) and Section 404 of the Clean Water Act (CWA)(33 USC
§ 1344). Unless there is a change in law or our published regulations, this determination may be relied upon for a period
not to exceed five years from the date of this notification.
_ There are waters of the U.S., including wetlands, on the above described project area subject to the permit requirements
of Section 404 of the Clean Water Act (CWA) (33 USC § 1344). Unless there is a change in the law or our published
regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification.
_ We recommend you have the waters of the U.S. on your property delineated. As the Corps may not be able to
accomplish this wetland delineation in a timely manner, you may wish to obtain a consultant to conduct a delineation that
can be verified by the Corps.
Page 1 of 2

SAW-2020-01411
_ The waters of the U.S., including wetlands, on your project area have been delineated and the delineation has been
verified by the Corps. We strongly suggest you have this delineation surveyed. Upon completion, this survey should be
reviewed and verified by the Corps. Once verified, this survey will provide an accurate depiction of all areas subject to
CWA jurisdiction on your property which, provided there is no change in the law or our published regulations, may be
relied upon for a period not to exceed five years.
_ The waters of the U.S., including wetlands, have been delineated and surveyed and are accurately depicted on the plat
signed by the Corps Regulatory Official identified below on . Unless there is a change in the law or our
published regulations, this determination may be relied upon for a period not to exceed five years from the date of this
notification.
_ There are no waters of the U.S., to include wetlands, present on the above described project area which are subject to the
permit requirements of Section 404 of the Clean Water Act (33 USC 1344). Unless there is a change in the law or our
published regulations, this determination may be relied upon for a period not to exceed five years from the date of this
notification.
_ The property is located in one of the 20 Coastal Counties subject to regulation under the Coastal Area Management Act
(CAMA). You should contact the Division of Coastal Management in Morehead City, NC, at [phone] to
determine their requirements.
Placement of dredged or fill material within waters of the US, including wetlands, without a Department of the Army permit
may constitute a violation of Section 301 of the Clean Water Act (33 USC § 1311). Placement of dredged or fill material,
construction or placement of structures, or work within navigable waters of the United States without a Department of the
Army permit may constitute a violation of Sections 9 and/or 10 of the Rivers and Harbors Act (33 USC § 401 and/or 403). If
you have any questions regarding this determination and/or the Corps regulatory program, please contact Andrew Williams at
[phone] or Andrew.E.Williams2(&usace.armv.mil.
C. Basis For Determination: N/A. An Approved JD has not been completed.
D. Remarks: A site visit was not conducted by the USACE. This determination is based on a
desktop review of the potential waters report/delineation provided with this request.
E. Attention USDA Program Participants
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 and/or jurisdictional determination 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.
F. Appeals Information for Approved Jurisdiction Determinations (as indicated in Section B. above)
If you object to this determination, you may request an administrative appeal under Corps regulations at 33 CFR Part 331.
Enclosed you will find a Notification of Appeal Process (NAP) fact sheet and Request for Appeal (RFA) form. If you request
to appeal this determination you must submit a completed RFA form to the following address:
US Army Corps of Engineers
South Atlantic Division
Attn: Mr. Philip A. Shannin
Administrative Appeal Review Officer
60 Forsyth Street SW, Floor M9
Atlanta, Georgia 30303-8803
AND
PHILIP.A. SHANNIN&USACE.ARMY.MIL

SAW-2020-01411
In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for
appeal under 33 CFR part 331.5, and that it has been received by the Division Office within 60 days of the date of the NAP.
Should you decide to submit an RFA form, it must be received at the above address by: Not Applicable.
It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this
correspondence.
Corps Regulatory Official:
Date: October 7, 2020
Date. 2020.10.07
'�A0/`�`'� 12:55:06-04'00'
The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we
continue to do so, please complete our Customer Satisfaction Survey, located online at
http://cop2smEu.usace.army.mil/cm_apex/f?p=136*0.
Copy Furnished:
Steven Ball
Soil & Environmental
8412 Falls of Neuse Road Suite 104
Raleigh, North Carolina 27615

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SAW-2020-01411
P91NOTIFICATION OF ADNHNISTRATIVE APPEAL OPTIONS AND PROCESS AND
REQUEST FOR APPEAL
Applicant: Josh Harvey, Soil & Environmental
File Number: SAW-2020-01411
Date: October 7, 2020
Attached
is:
See Section below
INITIAL PROFFERED PERMIT Standard Permit or Letter of ermission
A
PROFFERED PERMIT Standard Permit or Letter ofpermission)
B
PERMIT DENIAL
C
APPROVED JURISDICTIONAL DETERMINATION
D
PRELIMINARY JURISDICTIONAL DETERMINATION
E
SECTION I - The following identifies your rights and options regarding an administrative appeal of the above decision.
Additional information may be found at hLtp://www.usace.army.miUMissions/CivilWorks/RegulatoiyProgramandPenuits.aspx or
Corps regulations at 33 CFR Part 331.
A: INITIAL PROFFERED PERMIT: You may accept or object to the permit.
• ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature
on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the
permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit.
• OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request that the
permit be modified accordingly. You must complete Section II of this form and return the form to the district engineer. Your
objections must be received by the district engineer within 60 days of the date of this notice, or you will forfeit your right to appeal
the permit in the future. Upon receipt of your letter, the district engineer will evaluate your objections and may: (a) modify the
permit to address all of your concerns, (b) modify the permit to address some of your objections, or (c) not modify the permit
having determined that the permit should be issued as previously written. After evaluating your objections, the district engineer
will send you a proffered permit for your reconsideration, as indicated in Section B below.
B: PROFFERED PERMIT: You may accept or appeal the permit
• ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature
on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the
permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit.
• APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein, you
may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form
and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of
this notice.
C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative
Appeal Process by completing Section II of this form and sending the form to the division engineer. This form
must be received by the division engineer within 60 days of the date of this notice.
D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or
provide new information.
• ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the date of
this notice means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD.
• APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers Administrative
Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by
the division engineer within 60 days of the date of this notice.

SAW-2020-01411
E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps
regarding the preliminary JD. The Preliminary JD is not appealable. If you wish, you may request an approved
JD (which may be appealed), by contacting the Corps district for further instruction. Also you may provide new
information for further consideration by the Corps to reevaluate the JD.
SECTION II - REQUEST FOR APPEAL or OBJECTIONS TO AN INITIAL PROFFERED PERMIT
REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your
objections to an initial proffered permit in clear concise statements. You may attach additional information to
this form to clarify where your reasons or objections are addressed in the administrative record.)
ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps
memorandum for the record of the appeal conference or meeting, and any supplemental information that the
review officer has determined is needed to clarify the administrative record. Neither the appellant nor the Corps
may add new information or analyses to the record. However, you may provide additional information to clarify
the location of information that is already in the administrative record.
POINT OF CONTACT FOR QUESTIONS OR INFORMATION:
al
If you have questions regarding this decision and/or the
If you only have questions regarding the appeal process you may
appeal process you may contact:
also contact:
District Engineer, Wilmington Regulatory Division,
US Army Corps of Engineers
Attn: Andrew Williams
South Atlantic Division
3331 Heritage Trade Drive, Suite 105
Attn: Mr. Philip A. Shannin
Wake Forest, North Carolina 27587
Administrative Appeal Review Officer
60 Forsyth Street SW, Floor M9
Atlanta, Georgia 30303-8803
PHILIP.A.SHANNIN( )USACE.ARMY.MIL
RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any government
consultants, to conduct investigations of the project site during the course of the appeal process. You will be provided a 15 day
notice of any site investigation, and will have the opportunit to participate in all site investi ations.
Date:
Telephone number:
Signature of appellant or agent.
For appeals on Initial Proffered Permits send this form to:
District Engineer, Wilmington Regulatory Division, Attn: Andrew Williams 3331 Heritage Trade Drive, Suite 105
Wake Forest, North Carolina 27587
For Permit denials, Proffered Permits and approved Jurisdictional Determinations send this form to:
Division Engineer, Commander, U.S. Army Engineer Division, South Atlantic, Attn: Mr. Philip Shannin,
Administrative Appeal Officer, CESAD-PDO, 60 Forsyth Street, Room 1OM15, Atlanta, Georgia 30303-8801
Phone: [phone], PHILIP.A.SHANNIN(&USACE.APMW.MIL

0
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
S. DANIEL SMITH
Director
Wegmans Food Markets, Inc.
Beth Middleton
300 W. Summit Avenue
Suite 230
Charlotte, NC 28203
Determination Type:
Buffer
NORTH CAROLINA
Environmental Quality
March 6, 2020
® Neuse 05A NCAC 2B .0233)
❑ Tar -Pamlico (15A NCAC 213.0259)
❑ Jordan (I5A NCAC 2B .0267) (governmental
and/or interjurisdictional projects)
Project Name:
Address/Location:
Stream(s):
HWY 98 Wegmans
0 Forbes Road, Wake Forest
Richland Creek
Determination Date: 2/28/2020
Subject: Buffer Determination Letter
RRO 420-040
Wake County
Intermittent/Perennial
❑ Intermittent/Perennial Determination (where local
buffer ordinances apply)
Staff: Rick Trone
Feature
VIM("
Not IZ1
Subject
Subject
Start@
Stop@
Soil
Survey
USGS
To o
A
P
X
Throughout
X
X
B
NE
Throughout
X
X
C
E
X
Throughout
X
D
I
X
S&EC Flag 68
Feature H
X
E
E
X
Throughout
X
F
E
X
Throughout
X
G
IrP
X
Throughout
X
X
H
P
X
Throughout
X
(1) E ., Ephemeral, I — Intermittent, P - Perennial, NP - Not Present, NE -Not E%iluated, NA -Not Applicable
(2) Rerers to State riparian buffer rules only. Stream, wetland, or pond impacts are still subject to applicable water quality standards and permitting requirements
w D__ EQ��
North Carolina Department of Environmental Quality Divrsion of Water Resources I Raleigh Regional Office
3800 Barrett Drive 11628 Me I Service Center I Raleigh, North Carolina 27699-1628
919.791.4200

Wegmans HWY 98
Wake County
03l06l2020
Page 2 of 2
Explanation: The stream(s)/pond(s) listed above has been located on the most recent published NRCS Soil Survey
of Wake County, North Carolina and/or the most recent copy of the USGS Topographic map at a 1: 24,000 scale.
Each feature that is checked "Not Subject" has been determined to not be an intermittent stream, perennial stream, a
pond connected to a stream feature, or the feature is determined not to be present. Stream features that are checked
"Subject" have been located on the property and possess characteristics that qualify them to be subject to the buffer
rules. There may be other streams located on the property that are not depicted on the maps referenced above and
are therefore not subject to the buffer rules. However, if the stream features are present on the tract they are subject
to all other applicable North Carolina stream standards and permitting requirements as outlined in 15A NCAC 02B,
and may be considered jurisdictional according to the US Army Corps of Engineers.
This on -site determination shall expire five (5) years from the date of this letter. Landowners or affected
parties that dispute a determination made by the DWR may request a determination by the Director. An
appeal request must be made within sixty (60) days of date of this letter. A request for a determination by the
Director shall be referred to the Director in writing. If sending via US Postal Service: c/o Karen Higgins;
DWR — 401 & Buffer Permitting Unit, 1617 Mail Service Center; Raleigh, NC 27699-1617. If sending via
delivery service (UPS, FedEr, etc.): Karen Higgins; DWR — 401 & Buffer Permitting Unit, 512 N. Salisbury
Street, Raleigh, NC 27604.
This determination is final and binding unless, as detailed above, an appeal is requested within sixty (60)
days.
This project may require a Section 404/401 Permit for the proposed activity. Any inquiries should be
directed to the US Army Corp of Engineers (Raleigh Regulatory Field Office) at (919)-554-4884.
If you have questions regarding this determination, please feel free to contact Rick Trone at (919) 7914200,
Sincerely,
Scott Vinson, Regional Supervisor
Water Quality Regional Operations Section
Raleigh Regional Office
Division of Water Resources, NCDEQ
cc: RRO DWR File Copy
Laserfiche
Steven Ball, S&EC (via email)
20
E Q9
A-1
North Carolina Department of Environmental Quality I Division of Water Resources I Raleigh Regional Office
3800 Barrett Drive 11628 Mail Service Center I Raleigh, North Carolina 27699-1628
919.791.4200

HWY 98 Wegmans
Wake County, NC-DWR Project # 20-040
WE
F: Not Subject
NRCS Soil Survey Sheet 14 �v
d�
Wake Co., NC 1970 Locations are approximate
Legend: and are provided for refer-
ence only::
-project boundary 0 ������ J n` �

HWY 98 Wegmans
Wake County, NC-DWR Project # 20-040
�f\
USGS Topographical Map �yo
.Yd
Wake Forest Quadrangle 2019 Ey locations are approximate
Legend' and are provided for refer-
ence only.-
-Project boundary

7
CLEARWATER MITIGATION
S O L U T I O N S
January 11, 2024
Neuse River Basin - Riparian Wetland Credits
Statement of Availability as of 01/11/2024
Soil & Environmental Consultants, Inc.
Attn: Ms. Michelle Russell
North Quarter Office Park
8412 Falls of Neuse Road, Suite 104
Raleigh, NC 27615
Applicant/Permittee: Alliance Group of NC, LLC
c/o Mr. Jacob Anderson
7208 Falls of Neuse Road, Suite 101
Raleigh, NC 27615
Re: Availability of Riparian Wetland Credits for:
Grove 98 NEQ (SAW-2020-01411)
Bank Name: Clearwater Neuse 01 Umbrella Mitigation Bank
Bank Sites: Lowlands Wetland Mitigation Site (USAGE AID: SAW-2015-01815)
Bank Sponsor: Clearwater Mitigation Solutions, LLC
Permittee: Alliance Group of NC, LLC
Permitting Authority: Mr. Richard Harmon — USACE Raleigh Regulatory FO
Riparian Wetland Credits Requested: 0.24 acres (or WMUs)
Riparian Wetland Credits Available: 12.24 acres (or WMUs)
Service Area: Neuse River Basin, Hydrologic Unit Code (HUC) 03020201
Dear Ms. Russell,
Clearwater Mitigation Solutions, LLC, currently has sufficient riparian wetland credits from the
Lowlands Wetland Mitigation Site to satisfy the riparian wetland mitigation requirements related to
the above -mentioned project. The project is located within service area (HUC 03020201) of the
Bank, in the Neuse River Basin. As the Bank Sponsor, Clearwater Mitigation Solutions, LLC,
attests to the fact that mitigation credits are available for reservation at this time.
This letter is simply a statement of availability of credits as of the date written. We have the
inventory as shown above, however, this letter is not a guarantee of availability as credits will be
sold on a first come, first serve basis. An invoice for this transaction will be sent upon your
request and we will formally reserve both the credits and price quoted for a period of 30-days
from the invoice.
Final transfer of the credits will be made upon receipt of a copy of the 404 and/or 401 and upon
receipt of your payment to Clearwater Mitigation Solutions, LLC. We will then issue a
mitigation credit transfer certificate verifying the credit purchase for your records. A copy of
the mitigation transfer certificate with an updated official credit ledger will also be sent to the
regulatory agencies for verification of the transaction.
Clearwater Mitigation Solutions
604 Macon Place. Raleigh, NC 27609
919-624-6901. [e-mail]

CLEARWATER IVIITIGATION
S O L U T I O N S
We appreciate the opportunity to assist you with your mitigation needs. Please contact me at
[phone] or clearwatermitigation(Lgmail.com if you have any questions or need any
additional information.
Sincerely,
Kevin Yates
Cc: Mr. Richard Harmon — USACE Raleigh Regulatory FO
Mr. Jacob Anderson — Alliance Group of NC
Clearwater Mitigation Solutions
604 Macon Place. Raleigh, NC 27609
919-624-6901. [e-mail]

M
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
September 12, 2022
S&EC Project No: 14093.W9
Re: Online Project Review Request, 98 Grove North, Wake Forest — 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 September 12, 2022 and are submitting our project review package in accordance with the
instructions for further review.
Our proposed action consists of A planned residential development that is proposing impacts to wetlands
and streams.
The location of the project and the action area are identified on the enclosed maps.
98 Grove North (35.967763,-78.529261). The site is located north of Hwy 98 and East of Richland
Grove Ave, Wake Forest — 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 [e-mail]
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] •lax: [phone]
sandcc.com
September 12, 2022
S&EC Project No.: 14093.W9
To: Alliance Group of NC, LLC
Attn: Jacob Anderson
7208 Falls of Neuse Road, Suite 101
Raleigh, NC 27615
Re: THREATENED & ENDANGERED SPECIES REPORT
Grove 98 North (+/- 10 acres)
North of Hwy 98, Wake Forest, Wake County, NC
Dear Mr. Anderson:
On September 12, 2022, Soil & Environmental Consultants, PA (S&EC) evaluated the Grove 98 North
project shown on the attached maps for potential endangered species. The property is located at North of
Hwy 98 and East of Richland Grove Ave in Wake County, NC. Surface waters on -site flow into
Richland 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 WS-IV; NSW.
We obtained the attached automatically generated official species list from the U.S. Fish & Wildlife
Service (FWS) and N.C. Natural Heritage Program (NHP) report identifying the protected species on or
within one mile of the project area that could potentially be affected by the project. These FWS & NHP
reports were updated as of the date of this report. The official species list is valid for 90 days.
We conducted site assessments to identify potential suitable habitat and preliminary surveys for the
individual species listed on the official species list. This included assessing the physical characteristics of
the streams, identifying forest types, and looking for evidence of the listed species on -site. This survey
did not include any detailed sampling or netting. The results of the search are discussed below.
Grove 98 North - S&EC Threatened & Endangered Species Report
Page 1 of 6

September 12, 2022
S&EC Project #14093.W9
RESULTS:
The FWS official species list identified the following species for the Evaluation limits:
• Red -cockaded Woodpecker (Picoides borealis), Endangered
• Neuse River Waterdog (Necturus lewisl), Threatened
• Carolina Madtom (Noturusfuriosus), Endangered
• Atlantic Pigtoe (Fusconaia masons), Threatened
• Dwarf Wedgemussel (Alasmidonta heterodon), Endangered
• Monarch Butterfly (Danaus plexippus), Candidate
• Michaux's Sumac (Rhus michauxil), Endangered
Of the species identified on the official species list, the NHP report did not identify any Federally
threatened or endangered species within the project area or within one mile of the project area. Other
State listed species were found within the project area as listed in the attached NHP report. The NHP
report identified 15 managed areas within one mile of the project area. These are listed out in the
attached NHP Report.
RED -COCKADED WOODPECKER (Picoides borealis):
S&EC personnel conducted preliminary surveys of suitable habitat (foraging and cavity trees) and
individual Red -cockaded Woodpeckers (RCWs) within the project area. We found no individual
RCWs within the project area. The NHP report did not list any known elemental occurrence within the
project area or within one mile of the site. We found no ideal suitable habitat (e.g., Long Leaf pine
forests) within the project area. Given the lack of species present, and no presence of suitable habitat
we concluded that the project would have "No effect" on RCWs.
NEUSE RIVER WATERDOG (Necturus lewisi):
S&EC personnel conducted preliminary surveys of the streams on -site for potential suitable habitat for
the Neuse River Waterdog. The NHP report did not list any known elemental occurrence within the
project area or within one mile of the site. This species is found in the Neuse River and Tar River
basins. The suitable habitat this species is found in is typically medium to large streams and rivers with
a moderate gradient and large bed material. The Neuse River Waterdog also needs riffles, runs, and
Grove 98 North - S&EC Threatened & Endangered Species Report
Page 2 of 6

September 12, 2022
S&EC Project #14093.W9
pools. While we did not specifically sample for the species, we also did not find any evidence of the
species while conducting our preliminary surveys of the streams for potential suitable habitat.
Our preliminary survey concluded that potential suitable habitat does not exist on -site. The perennial
stream onsite was +/- 4 feet wide with medium baseflow and had a rocky clay substrate. Due to these
observations, we have concluded that the project would have "No effect" on the Neuse River
Waterdog.
CAROLINA MADTOM (Noturus furiosus):
S&EC personnel conducted preliminary surveys of the streams on -site for potential suitable habitat for
the Carolina Madtom. The NHP report did not list any known elemental occurrence within the project
area or within one mile of the site. This species is found in the Neuse River and Tar River basins. The
suitable habitat this species is found in is also medium to large streams and rivers with a moderate
gradient and large bed material. The Carolina Madtom also needs continuous year-round flow and
cover for nesting habitat. While we did not specifically sample for the species, we also did not find any
evidence of the species while conducting our preliminary surveys of the streams for potential suitable
habitat.
Our preliminary survey concluded that potential suitable habitat does not exist on -site. The perennial
stream onsite was +/- 4 feet wide with medium baseflow and had a rocky clay substrate. Due to these
observations, we have concluded that the project would have "No effect' on the Carolina Madtom.
ATLANTIC PIGTOE (Fusconaia masonrl:
S&EC personnel conducted preliminary surveys of the streams on -site for potential suitable habitat for
the Atlantic Pigtoe (Note: This did not include a detailed aquatic mussel survey for the presence of
mussels). The NHP report did not list any known elemental occurrence within the project area or
within one mile of the site. The suitable habitat for this species consists of medium sized creeks to large
rivers with excellent water quality. This species typically lives in streams with coarse sand and gravel
with moderate to high flowing water. While we did not specifically sample for the species, we also did
not find any evidence of the species while conducting our preliminary surveys of the streams for
potential suitable habitat.
Grove 98 North - S&EC Threatened & Endangered Species Report
Page 3 of 6

September 12, 2022
S&EC Project #14093.W9
Our preliminary survey concluded that potential suitable habitat does not exist on -site. The perennial
stream onsite was +/- 4 feet wide with medium baseflow and had a rocky clay substrate. Due to these
observations, we have concluded that the project would have "No effect' on the Atlantic Pigtoe.
DWARF WEDGEMUSSEL (Alasmidonta heterodon):
S&EC personnel conducted preliminary surveys of the streams on -site for potential suitable habitat for
the Dwarf Wedgemussel (Note: This did not include a detailed aquatic mussel survey for the presence of
mussels). The NHP report did not list any known elemental occurrence within the project area or
within one mile of the site. The Dwarf Wedgemussel has little to no preference for stream size, flow
condition or bed material. Based on guidance from the USFWS staff, only 2nd order and larger perennial
streams are considered suitable habitat. While we did not conduct detailed mussel surveys, no mussels
(of any species) were observed during the preliminary suitable habitat survey.
Our preliminary survey concluded that potential suitable habitat does not exist on -site. The perennial
stream onsite was +/- 4 feet wide with medium baseflow and had a rocky clay substrate. Due to these
observations, we have concluded that the project would have "No effect' on 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 current status of Monarch Butterfly, consultation with
USFWS under section 7 of the Endangered Species Act is not required. FWS recommends conserving
pollinator habitat where practicable.
MICHAUX'S SUMAC (Rhus michauxii):
S&EC personnel conducted preliminary surveys of suitable habitat within the project area. We visited
a known population of Michaux's sumac within Wake County prior to conducting our preliminary
surveys. We found no individual Michaux's Sumac species within the project area. The NHP report
did not list any known elemental occurrence within the project area. We found suitable habitat within
the project areas to include primarily disturbed open areas along roads and easements. Given the lack
of species present within the areas believed to be suitable habitat, we concluded that the project would
have "No effect " on Michaux's sumac.
Grove 98 North - S&EC Threatened & Endangered Species Report
Page 4 of 6

September 12, 2022
S&EC Project #14093.W9
BALD EAGLE (Haliaeetus leucocephalus):
S&EC personnel conducted preliminary surveys of suitable habitat, nesting sites, and individual Bald
Eagles within the project area. During our survey, we found no evidence of Bald Eagles or any nesting
sites within the project area. The NHP report did not identify any known nests on -site or within one
mile of the site. Given the lack of species present, we have concluded that the project is " Unlikely to
disturb nesting bald eagles. " We believe no Eagle Act Permit is required.
NORTHERN LONG-EARED BAT (Myotis septentrionalis):
S&EC personnel conducted preliminary surveys for suitable habitat and individual Northern Long-
eared Bats (NLEB's) within the project area. During our survey, we found no individual species.
Relying upon the findings of the 1/5/2016 Programmatic Biological Opinion for Final 4 (d) Rule on the
Northern Long -Eared Bat and Activities Excepted from Take Prohibitions to fulfill our project -specific
section 7 responsibilities." Due to the nature of the project being residential development, we
concluded that the prof e c t would "May affect, but not likely to adversely affect" NLEB's.
CONCLUSION:
After completing the habitat assessments and preliminary surveys, S&EC completed the attached
"Species Conclusion Table" and "Self -Certification Letter." Using language typically used by the FWS
in their conclusion letters, we have concluded that it appears the proposed project is not likely to
adversely affect any federally listed endangered or threatened species, their formally designated
critical habitat, or species currently proposed for listing under the Endangered Species Act (ESA).
We strongly recommend requesting a concurrence letter from the FWS.
Sincerely,
SOIL AND ENVIRONMENTAL CONSULTANTS, PA
Mason Montgomery
Environmental Scientist, Wetlands Department
Grove 98 North - S&EC Threatened & Endangered Species Report
Page 5 of 6

September 12, 2022
S&EC Project #14093.W9
Attachments:
1. USGS Vicinity Map
2. Soil Survey Vicinity Map
3. Aerial Map
4. Photo Report
5. Overall Site Plan
6. FWS List of threatened and endangered species that occur in your proposed location, and/or may be affected by
your proposed project. Official Species List. September 6, 2022.
7. NHP Report: September 6, 2022.
8. S&EC — FWS Species Conclusion Table. September 12, 2022.
9. S&EC — FWS Self -Certification Letter. September 12, 2022.
References:
-North Carolina Natural Heritage Program. 2017. Biotics Database. Department of Environment and Natural Resources,
Raleigh, North Carolina.
-US Fish and Wildlife Service. Information for Planning and Consultation (IPaC) & Raleigh Ecological Services Field
Office Online Project Reviews website.
-U.S. Fish and Wildlife Service. 2021. Species status assessment report for the Atlantic Pigtoe (Fusconaia masons). Version
1.2. December 2021. Atlanta, GA.
-U.S. Fish and Wildlife Service. 1993. Michaux's Sumac Recovery Plan. Atlanta, Georgia:
U.S. Fish and Wildlife Service. 30pp.
-U.S. Fish and Wildlife Service. 2003. Recovery Plan for the Red -cockaded Woodpecker (Picoides borealis)
Second Revision. Atlanta GA 316 pp.
-U.S. Fish and Wildlife Service/ Southeast Region. 2021. Carolina Madtom. Species Profile.
https://www.fws.gov/southeast/wildlife/fishes/Carolina-madtom/.
- U.S. Fish and Wildlife Service/ Southeast Region. 2021. Neuse River Waterdog... Species Profile.
https://www. fws.gov/southeast/wildlife/amphibians/neuse-river-waterdog/
Grove 98 North — S&EC Threatened & Endangered Species Report
Page 6 of 6

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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: 2022-0082269
Project Name: 98 Grove North
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September 06, 2022
Subject: List of threatened and endangered species that may occur in your proposed project
location or may be affected by your proposed project
To Whom It May Concern:
The enclosed species list identifies threatened, endangered, proposed and candidate species, as
well as proposed and final designated critical habitat, that may occur within the boundary of your
proposed project and/or may be affected by your proposed project. The species list fulfills the
requirements of the U.S. Fish and Wildlife Service (Service) under section 7(c) of the
Endangered Species Act (Act) of 1973, as amended (16 U.S.C. 1531 et seq.). If your project area
contains suitable habitat for any of the federally -listed species on this species list, the proposed
action has the potential to adversely affect those species. If suitable habitat is present, surveys
should be conducted to determine the species' presence or absence within the project area. The
use of this species list and/or North Carolina Natural Heritage program data should not be
substituted for actual field surveys.
New information based on updated surveys, changes in the abundance and distribution of
species, changed habitat conditions, or other factors could change this list. Please feel free to
contact us if you need more current information or assistance regarding the potential impacts to
federally proposed, listed, and candidate species and federally designated and proposed critical
habitat. Please note that under 50 CFR 402.12(e) of the regulations implementing section 7 of the
Act, the accuracy of this species list should be verified after 90 days. This verification can be
completed formally or informally as desired. The Service recommends that verification be
completed by visiting the ECOS-IPaC website at regular intervals during project planning and
implementation for updates to species lists and information. An updated list may be requested
through the ECOS-IPaC system by completing the same process used to receive the enclosed list.
The purpose of the Act is to provide a means whereby threatened and endangered species and the
ecosystems upon which they depend may be conserved. Under sections 7(a)(1) and 7(a)(2) of the
Act and its implementing regulations (50 CFR 402 et seq.), Federal agencies are required to
utilize their authorities to carry out programs for the conservation of threatened and endangered

09/06/2022
species and to determine whether projects may affect threatened and endangered species and/or
designated critical habitat.
A Biological Assessment is required for construction projects (or other undertakings having
similar physical impacts) that are major Federal actions significantly affecting the quality of the
human environment as defined in the National Environmental Policy Act (42 U.S.C. 4332(2)
(c)). For projects other than major construction activities, the Service suggests that a biological
evaluation similar to a Biological Assessment be prepared to determine whether the project may
affect listed or proposed species and/or designated or proposed critical habitat. Recommended
contents of a Biological Assessment are described at 50 CFR 402.12.
If a Federal agency determines, based on the Biological Assessment or biological evaluation, that
listed species and/or designated critical habitat may be affected by the proposed project, the
agency is required to consult with the Service pursuant to 50 CFR 402. In addition, the Service
recommends that candidate species, proposed species and proposed critical habitat be addressed
within the consultation. More information on the regulations and procedures for section 7
consultation, including the role of permit or license applicants, can be found in the "Endangered
Species Consultation Handbook" at:
http://www.fws.gov/endangered/esa-library/pdf/TOC-GLOS.PDF
Migratory Birds: In addition to responsibilities to protect threatened and endangered species
under the Endangered Species Act (ESA), there are additional responsibilities under the
Migratory Bird Treaty Act (MBTA) and the Bald and Golden Eagle Protection Act (BGEPA) to
protect native birds from project -related impacts. Any activity, intentional or unintentional,
resulting in take of migratory birds, including eagles, is prohibited unless otherwise permitted by
the U.S. Fish and Wildlife Service (50 C.F.R. Sec. 10.12 and 16 U.S.C. Sec. 668(a)). For more
information regarding these Acts see https://www.fws.gov/birds/policies-and-regulations.php.
The MBTA has no provision for allowing take of migratory birds that may be unintentionally
killed or injured by otherwise lawful activities. It is the responsibility of the project proponent to
comply with these Acts by identifying potential impacts to migratory birds and eagles within
applicable NEPA documents (when there is a federal nexus) or a Bird/Eagle Conservation Plan
(when there is no federal nexus). Proponents should implement conservation measures to avoid
or minimize the production of project -related stressors or minimize the exposure of birds and
their resources to the project -related stressors. For more information on avian stressors and
recommended conservation measures see https://www.fws.gov/birds/bird-enthusiasts/threats-to-
birds.php.
In addition to MBTA and BGEPA, Executive Order 13186: Responsibilities of Federal Agencies
to Protect Migratory Birds, obligates all Federal agencies that engage in or authorize activities
that might affect migratory birds, to minimize those effects and encourage conservation measures
that will improve bird populations. Executive Order 13186 provides for the protection of both
migratory birds and migratory bird habitat. For information regarding the implementation of
Executive Order 13186, please visit https://www.fws.gov/birds/policies-and-regulations/
executive-orders/e0-13186. php.

09/06/2022
3
We appreciate your concern for threatened and endangered species. The Service encourages
Federal agencies to include conservation of threatened and endangered species into their project
planning to further the purposes of the Act. Please include the Consultation Code in the header of
this letter with any request for consultation or correspondence about your project that you submit
to our office.
Attachment(s):
• Official Species List
• Migratory Birds

09/06/2022
Official Species List
This list is provided pursuant to Section 7 of the Endangered Species Act, and fulfills the
requirement for Federal agencies to "request of the Secretary of the Interior information whether
any species which is listed or proposed to be listed may be present in the area of a proposed
action".
This species list is provided by:
Raleigh Ecological Services Field Office
Post Office Box 33726
Raleigh, NC 27636-3726
[phone]

09/06/2022
Project Summary
Project Code: 2022-0082269
Project Name: 98 Grove North
Project Type: Residential Construction
Project Description: This project is approximately 10 acres and is located in Wake County,
NC.
Project Location:
Approximate location of the project can be viewed in Google Maps: https:
www. google.com/maps/(a)35.9674615,-78.52933825398517,14z
Counties: Wake County, North Carolina

09/06/2022 3
Endangered Species Act Species
There is a total of 7 threatened, endangered, or candidate species on this species list.
Species on this list should be considered in an effects analysis for your project and could include
species that exist in another geographic area. For example, certain fish may appear on the species
list because a project could affect downstream species.
IPaC does not display listed species or critical habitats under the sole jurisdiction of NOAA
Fisheriesi, as USFWS does not have the authority to speak on behalf of NOAA and the
Department of Commerce.
See the "Critical habitats" section below for those critical habitats that lie wholly or partially
within your project area under this office's jurisdiction. Please contact the designated FWS office
if you have questions.
1. NOAA Fisheries, also known as the National Marine Fisheries Service (NMFS), is an
office of the National Oceanic and Atmospheric Administration within the Department of
Commerce.
Birds
NAME
Red -cockaded Woodpecker Picoides borealis
No critical habitat has been designated for this species.
Species profile: https:Hecos.fws.gov/ecp/species/7614
Amphibians
NAME
STATUS
Endangered
STATUS
Neuse River Waterdog Necturus lewisi Threatened
There is final critical habitat for this species. The location of the critical habitat is not available.
Species profile: https:Hecos.fws.gov/ecp/species/6772
Fishes
NAME
STATUS
Carolina Madtom Noturus furiosus Endangered
There is final critical habitat for this species. The location of the critical habitat is not available.
Species profile: https:Hecos.fws.gov/ecp/species/528

09/06/2022
Clams
NET A nRR
Atlantic Pigtoe Fusconaia masoni
There is final critical habitat for this species. The location of the critical habitat is not available.
Species profile: https:Hecos.fws.gov/ecp/species/5164
Dwarf Wedgemussel Alasmidonta heterodon
No critical habitat has been designated for this species.
Species profile: https:Hecos.fws.gov/ecp/species/784
Insects
N TAnaV
Monarch Butterfly Danaus plexippus
No critical habitat has been designated for this species.
Species profile: https:Hecos.fws.gov/ecp/species/9743
Flowering Plants
TXT A nRR
Michaux's Sumac Rhus michauxii
No critical habitat has been designated for this species.
Species profile: https:Hecos.fws.gov/ecp/species/5217
4
STATUS
Threatened
Endangered
STATUS
Candidate
STATUS
Endangered
Critical habitats
THERE ARE NO CRITICAL HABITATS WITHIN YOUR PROJECT AREA UNDER THIS OFFICE'S
JURISDICTION.

09/06/2022
Migratory Birds
Certain birds are protected under the Migratory Bird Treaty Act! and the Bald and Golden Eagle
Protection Actz.
Any person or organization who plans or conducts activities that may result in impacts to
migratory birds, eagles, and their habitats should follow appropriate regulations and consider
implementing appropriate conservation measures, as described below.
1. The Migratory Birds Treat. Act of 1918.
2. The Bald and Golden Eagle Protection Act of 1940.
3. 50 C.F.R. Sec. 10.12 and 16 U.S.C. Sec. 668(a)
The birds listed below are birds of particular concern either because they occur on the
USFWS Birds of Conservation Concern (BCC) list or warrant special attention in your
project location. To learn more about the levels of concern for birds on your list and how this
list is generated, see the FAQ below. This is not a list of every bird you may find in this location,
nor a guarantee that every bird on this list will be found in your project area. To see exact
locations of where birders and the general public have sighted birds in and around your project
area, visit the E-bird data mapping tool (Tip: enter your location, desired date range and a species
on your list). For projects that occur off the Atlantic Coast, additional maps and models detailing
the relative occurrence and abundance of bird species on your list are available. Links to
additional information about Atlantic Coast birds, and other important information about your
migratory bird list, including how to properly interpret and use your migratory bird report, can be
found below.
For guidance on when to schedule activities or implement avoidance and minimization measures
to reduce impacts to migratory birds on your list, click on the PROBABILITY OF PRESENCE
SUMMARY at the top of your list to see when these birds are most likely to be present and
breeding in your project area.
BREEDING
NAME SEASON
Bald Eagle Haliaeetus leucocephalus Breeds Sep 1 to
This is not a Bird of Conservation Concern (BCC) in this area, but warrants attention Jul 31
because of the Eagle Act or for potential susceptibilities in offshore areas from certain types
of development or activities.
https:Hecos.fws.gov/ecp/species/1626
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

09/06/2022
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.
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.
Wood Thrush Hylocichla mustelina Breeds May 10
This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA to Aug 31
and Alaska.
Probability Of Presence Summary
The graphs below provide our best understanding of when birds of concern are most likely to be
present in your project area. This information can be used to tailor and schedule your project
activities to avoid or minimize impacts to birds. Please make sure you read and understand the
FAQ "Proper Interpretation and Use of Your Migratory Bird Report" before using or attempting
to interpret this report.
Probability of Presence (■)
Each green bar represents the bird's relative probability of presence in the 10km grid cell(s) your
project overlaps during a particular week of the year. (A year is represented as 12 4-week
months.) A taller bar indicates a higher probability of species presence. The survey effort (see
below) can be used to establish a level of confidence in the presence score. One can have higher
confidence in the presence score if the corresponding survey effort is also high.
How is the probability of presence score calculated? The calculation is done in three steps:
The probability of presence for each week is calculated as the number of survey events in
the week where the species was detected divided by the total number of survey events for
that week. For example, if in week 12 there were 20 survey events and the Spotted Towhee
was found in 5 of them, the probability of presence of the Spotted Towhee in week 12 is
0.25.
2. To properly present the pattern of presence across the year, the relative probability of
presence is calculated. This is the probability of presence divided by the maximum
probability of presence across all weeks. For example, imagine the probability of presence
in week 20 for the Spotted Towhee is 0.05, and that the probability of presence at week 12

09/06/2022 3
(0.25) is the maximum of any week of the year. The relative probability of presence on
week 12 is 0.25/0.25 = 1; at week 20 it is 0.05/0.25 = 0.2.
3. The relative probability of presence calculated in the previous step undergoes a statistical
conversion so that all possible values fall between 0 and 10, inclusive. This is the
probability of presence score.
Breeding Season( )
Yellow bars denote a very liberal estimate of the time -frame inside which the bird breeds across
its entire range. If there are no yellow bars shown for a bird, it does not breed in your project
area.
Survey Effort (1)
Vertical black lines superimposed on probability of presence bars indicate the number of surveys
performed for that species in the 10km grid cell(s) your project area overlaps. The number of
surveys is expressed as a range, for example, 33 to 64 surveys.
No Data (—)
A week is marked as having no data if there were no survey events for that week.
Survey Timeframe
Surveys from only the last 10 years are used in order to ensure delivery of currently relevant
information. The exception to this is areas off the Atlantic coast, where bird returns are based on
all years of available data, since data in these areas is currently much more sparse.
■ probability of presence breeding season I survey effort — no data
SPECIES JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC
Bald Eagle i � ii 11 '
Non -BCC ++++ + + ++++ +++ ++ + ++++ + +++ ++—
Vulnerable r M ■ ■■■■ ■■■ ■■ + bE+ 1100i iii
Black -billed FEE ME
Cuckoo ++++ ++++ ++++ ++++ �+++ ++++ ++—+ ++++
Cuckoo
BCC Rangewide
(CON)
Chimney Swift rr—
+ ++
BCC Rangewide 1$11 1"''"''"l Jill Jill 11
+++ + + + ++ ++—+ ++++
(CON) 4
Prairie Warbler
BCC Rangewide ++++ ++++ ++++ 1 1 1 1 1-+++ +++11111 ++++ ++—+ ++++
(CON)
Prothonary
Warbler ++++ ++++ +++++++ ++++ ++++ 1+++ ++++ ++—+ ++++
BCC Rangewide �■ ���� �`
(CON)

09/06/2022 4
Red-headed
Woodpecker
BCC Rangewide
(CON)
Wood Thrush +$I """ "' 11 1 "
BCC Rangewide ++++ + ++ ++++ + ++ + + + ++++ ++—+ ++++
(CON) ��� ---- ---- ---
Additional information can be found using the following links:
• Birds of Conservation Concern https://www.fws.gov/program/migratory-birds/species
• Measures for avoiding and minimizing impacts to birds https://www.fws.gov/library
collections/avoiding-and-minimizing-incidental-take-migratory-birds
• Nationwide conservation measures for birds https://www.fws.gov/sites/default/files/
documents/nationwide-standard-conservation-measures.pdf
Migratory Birds FAQ
Tell me more about conservation measures I can implement to avoid or minimize impacts
to migratory birds.
Nationwide Conservation Measures describes measures that can help avoid and minimize
impacts to all birds at any location year round. Implementation of these measures is particularly
important when birds are most likely to occur in the project area. When birds may be breeding in
the area, identifying the locations of any active nests and avoiding their destruction is a very
helpful impact minimization measure. To see when birds are most likely to occur and be breeding
in your project area, view the Probability of Presence Summary. Additional measures or permits
may be advisable depending on the type of activity you are conducting and the type of
infrastructure or bird species present on your project site.
What does IPaC use to generate the list of migratory birds that potentially occur in my
specified location?
The Migratory Bird Resource List is comprised of USFWS Birds of Conservation Concern
(BCQ and other species that may warrant special attention in your project location.
The migratory bird list generated for your project is derived from data provided by the Avian
Knowledge Network (AKN). The AKN data is based on a growing collection of survey, banding.
and citizen science datasets and is queried and filtered to return a list of those birds reported as
occurring in the 10km grid cell(s) which your project intersects, and that have been identified as
warranting special attention because they are a BCC species in that area, an eagle (Eagle Act
requirements may apply), or a species that has a particular vulnerability to offshore activities or
development.
Again, the Migratory Bird Resource list includes only a subset of birds that may occur in your
project area. It is not representative of all birds that may occur in your project area. To get a list
of all birds potentially present in your project area, please visit the Rapid Avian Information
Locator (RAIL) Tool.

09/06/2022
What does IPaC use to generate the probability of presence graphs for the migratory birds
potentially occurring in my specified location?
The probability of presence graphs associated with your migratory bird list are based on data
provided by the Avian Knowledge Network (AKN). This data is derived from a growing
collection of survey, banding, and citizen science datasets.
Probability of presence data is continuously being updated as new and better information
becomes available. To learn more about how the probability of presence graphs are produced and
how to interpret them, go the Probability of Presence Summary and then click on the "Tell me
about these graphs" link.
How do I know if a bird is breeding, wintering or migrating in my area?
To see what part of a particular bird's range your project area falls within (i.e. breeding,
wintering, migrating or year-round), you may query your location using the RAIL Tool and look
at the range maps provided for birds in your area at the bottom of the profiles provided for each
bird in your results. If a bird on your migratory bird species list has a breeding season associated
with it, if that bird does occur in your project area, there may be nests present at some point
within the timeframe specified. If "Breeds elsewhere" is indicated, then the bird likely does not
breed in your project area.
What are the levels of concern for migratory birds?
Migratory birds delivered through IPaC fall into the following distinct categories of concern:
1. "BCC Rangewide" birds are Birds of Conservation Concern (BCC) that are of concern
throughout their range anywhere within the USA (including Hawaii, the Pacific Islands,
Puerto Rico, and the Virgin Islands);
2. "BCC - BCR" birds are BCCs that are of concern only in particular Bird Conservation
Regions (BCRs) in the continental USA; and
3. "Non -BCC - Vulnerable" birds are not BCC species in your project area, but appear on
your list either because of the Eagle Act requirements (for eagles) or (for non -eagles)
potential susceptibilities in offshore areas from certain types of development or activities
(e.g. offshore energy development or longline fishing).
Although it is important to try to avoid and minimize impacts to all birds, efforts should be made,
in particular, to avoid and minimize impacts to the birds on this list, especially eagles and BCC
species of rangewide concern. For more information on conservation measures you can
implement to help avoid and minimize migratory bird impacts and requirements for eagles,
please see the FAQs for these topics.
Details about birds that are potentially affected by offshore projects
For additional details about the relative occurrence and abundance of both individual bird species
and groups of bird species within your project area off the Atlantic Coast, please visit the
Northeast Ocean Data Portal. The Portal also offers data and information about other taxa besides
birds that may be helpful to you in your project review. Alternately, you may download the bird
model results files underlying the portal maps through the NOAA NCCOS Integrative Statistical
Modeling and Predictive Mapping of Marine Bird Distributions and Abundance on the Atlantic
Outer Continental Shelf project webpage.

09/06/2022 6
Bird tracking data can also provide additional details about occurrence and habitat use
throughout the year, including migration. Models relying on survey data may not include this
information. For additional information on marine bird tracking data, see the Diving Bird Study
and the nanotag studies or contact Caleb Spiegel or Pam Lorin.
What if I have eagles on my list?
If your project has the potential to disturb or kill eagles, you may need to obtain a permit to avoid
violating the Eagle Act should such impacts occur.
Proper Interpretation and Use of Your Migratory Bird Report
The migratory bird list generated is not a list of all birds in your project area, only a subset of
birds of priority concern. To learn more about how your list is generated, and see options for
identifying what other birds may be in your project area, please see the FAQ "What does IPaC
use to generate the migratory birds potentially occurring in my specified location". Please be
aware this report provides the "probability of presence" of birds within the 10 km grid cell(s) that
overlap your project; not your exact project footprint. On the graphs provided, please also look
carefully at the survey effort (indicated by the black vertical bar) and for the existence of the "no
data" indicator (a red horizontal bar). A high survey effort is the key component. If the survey
effort is high, then the probability of presence score can be viewed as more dependable. In
contrast, a low survey effort bar or no data bar means a lack of data and, therefore, a lack of
certainty about presence of the species. This list is not perfect; it is simply a starting point for
identifying what birds of concern have the potential to be in your project area, when they might
be there, and if they might be breeding (which means nests might be present). The list helps you
know what to look for to confirm presence, and helps guide you in knowing when to implement
conservation measures to avoid or minimize potential impacts from your project activities,
should presence be confirmed. To learn more about conservation measures, visit the FAQ "Tell
me about conservation measures I can implement to avoid or minimize impacts to migratory
birds" at the bottom of your migratory bird trust resources page.

09/06/2022
IPaC User Contact Information
Agency: Soil & Environmental Consultants, PA
Name: Mason Montgomery
Address: 8412 Falls of Neuse Road
Address Line 2: Suite 104
City: Raleigh
State: NC
Zip: 27615
Email [e-mail]
Phone: [phone]

Roy Cooper, Governor
9" 0 INC DEPARTMENT OF
""i ■
WMk.M 1 NATURAL AND CULTURAL RESOURCES
■-000
September 6, 2022
Robert Zarzecki
Soil & Environmental Consultants, PA
8412 Falls of Neuse Road, Suite 104
Raleigh, NC 27615
RE: 98 Grove North; 14093.W9
Dear Robert Zarzecki:
13. Reid Wilson, Secretary
Misty Buchanan
Deputy Director, Natural Heritage Program
Nr \�70IdD73['iYZ[1y
The North Carolina Natural Heritage Program (NCNHP) appreciates the opportunity to provide
information about natural heritage resources for the project referenced above.
Based on the project area mapped with your request, a query of the NCNHP database indicates that
there are no records for rare species, important natural communities, natural areas, and/or
conservation/managed areas within the proposed project boundary. Please note that although there
may be no documentation of natural heritage elements within the project boundary, it does not
imply or confirm their absence; the area may not have been surveyed. The results of this query
should not be substituted for field surveys where suitable habitat exists. In the event that rare
species are found within the project area, please contact the NCNHP so that we may update our
records.
The attached `Potential Occurrences' table summarizes rare species and natural communities that
have been documented within a one -mile radius of the property boundary. The proximity of these
records suggests that these natural heritage elements may potentially be present in the project area
if suitable habitat exists. Tables of natural areas and conservation/managed areas within a one -mile
radius of the project area, if any, are also included in this report.
If a Federally -listed species is found within the project area or is indicated within a one -mile radius of
the project area, the NCNHP recommends contacting the US Fish and Wildlife Service (USFWS) for
guidance. Contact information for USFWS offices in North Carolina is found here:
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.
The NC Natural Heritage Program may follow this letter with additional correspondence if a
Dedicated Nature Preserve, Registered Heritage Area, Land and Water Fund easement, or Federally -
listed species are documented near the project area.
If you have questions regarding the information provided in this letter or need additional assistance,
please contact Rodney A. Butler at rod ney.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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65

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:
September 12, 2022
Self -Certification Letter
Pro] ectNameGrover 98 North
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

01
Deborah Shirley
From: Ellis, John <[e-mail]>
Sent: Tuesday, November 8, 2022 4:31 PM
To: Mason Montgomery
Cc: Mann, Leigh
Subject: Re: [EXTERNAL] FW: Grove 98 North T&E Submittal
Mason,
The Service concurs with your determinations for this project as proposed.
John
From: Mason Montgomery <[e-mail]>
Sent: Monday, November 7, 2022 8:16 AM
To: Ellis, John <[e-mail]>
Subject: [EXTERNAL] FW: Grove 98 North T&E Submittal
This email has been received from outside of DOI - Use caution before clicking on links, opening attachments, or
responding.
John,
Can you provide confirmation that the service reviewed this project?
Thank you,
Mason
From: Mason Montgomery
Sent: Tuesday, September 13, 2022 3:32 PM
To: Raleigh, FW4 <[e-mail]>
Subject: Grove 98 North T&E Submittal
Hello,
Attached is the threatened and endangered species report for the Grove 98 North property located in Wake County, NC.
S&EC is submitting for concurrence. Please let me know if any additional information is needed when making the
determinations.
Thank you,
Mason L. Montgomery
Soil And Environmental Consultants, PA
North Quarter Office Park
8412 Falls of Neuse Road. Suite 104
Raleigh, NC 27615
Office [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
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