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HomeMy WebLinkAbout20240203 Ver 1_Application Attachments_20240129PCN 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. S&EC THREATENED & ENDANGERD SPECIES REPORT 8. EXISTING CONDITIONS & PROPOSED CONDITIONS MAPS 9. IMPACT EXHIBITS Environmental Consultants, 8412 Falls of Neuse Road, Spite 104, Raleigh, NC 27615 • Phone: (919) 846-5900 • Fax: (919) 840-9467 saudec.com AGENT AUTHORIZATION Project Name/Description: Waterfield Ridge Place S&EC Project # 6151 Date: 10/03/2023 The Department of the Army U.S. Army Corps of Engineers, Wilmington District 69 Darlington Avenue Wilmington, NC 28403 Attn: David Bailey Field Office: Raleigh Regulatory Field Office I, the undersigned, authorize 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): 1730065246 & 1730061385 Site Address: 500 & 600 Waterfield Ridge Place City, County, State: Garner, Wake County NC APPLICANT INFORMATION: Name: Stephen F Eisenmann Sr Modern Mechanical HVAC LLC Mailing Address: 1544 Mechanical Blvd. Garner NC 27529 Telephone Number: 919-610-5179 Email: SeisenmannsrCa)-modernmechhvac com 4 e.l F case print) Applicant Signature /6 /4 Date We hereby certify the above information submitted in this application is true and accurate to the best of our knowledge. 2 its Al f� 70 r� ► ,. WATER FfELD DR } A J cea %A U4 —V1 OV, KING ARTA ti NC Center for Geographic Information & Analysis Project Number: Map Title: N 6151.W21 0 1,000 2,000 Project Manager: Figure 1- USGS Map I I I I I I I I SB 500 Waterfield Ridge PI Feet Scale: 11000' Garner, NC we's— A " = Soil & Environmental Consultants, PA Date: Source: 06/16/2023 2019 USGS Garner Quad 8412 Fa is of Neuse Road, Sui 104, Rat gh, NC 27615•Phone (9l9)846-5900•Faa (9l9)846946. eae���m 3 1 T k ° 1 r� ,y pB � 4 1 1 A 0l WkE bra' r . r Lo LoD rya• '.,r # C INC Center for Geographic In o oration & Analysis Project Number: Map Title: N 6151.W21 0 500 1,000 Project Manager: Figure 2- Soil Survey I i i i I i i i I SB 500 Waterfield Ridge PI Feet Scale: Garner, NC 1=500' SourceWakCounty Soil Survey , Soil & Environmental Consultants, PA Date: 8412 Falles ofN.— Road, 8�i. 104, Rzleigh. \( 27615 • Ph...: (919) 846-5900 • F— (919) 846-9467 06/16/2023 Sheet 79 -d--,° 0 m- w n C:;a N =3 Q 'O :� :�o = O_ n D D Vf AMMI LA n �T (n O O :Z.N -.0O LQ (D�, (D O 0 �_. (%f D OVA n c O (p (D S n mT rt N O 2 3 � rOr 2 (D O 4- < a a v O S rt l0 (� F Z7 N• O' O O Q =3 �' fD S 1O (D r+ v Gi Ci G (D � c 0 0 3 O r-r ((DD 0 "O Ln 7 7 r+ 0 s �_ r+ 0 r+ (!! 70 bo 0 a n (D O Ln 0 r0+ S 0 rt 0 S W rr+ W 0� (D O = n S v t�0 S (gyp m W Z N N Q- 0 v O 0 O (0 (D C m m O <• �. v 0 7 (p (gyp (D N Q (D < ((DD <, (D (D 7 N (D (D S �. z O W N Z 7 (D Q C cn S 0 D v 0 � W J r+ T 0 c 3 5 : � N 0 (D (D < 7 � 0o ,G 7C? �_ N cu n O Np Q 0 � W F n w ono � s Q- 0 ((D Gl 0 (D 0 � cn' "O O N N n 0 Cl ED in ,+ v 7 v Q N r� N O O N m (/� ZT (/) O D N Ln N O N D 00 N O N N O N O 0 O O O 0 r+ P (D N N w D cu =3 7 N cn S O O N v n p v C Cn (p n O O 7 7 0 r,�, Q v m -rjO; Z N S N O z Q 0 O O n n < �• � r+ p rr (D (u Q 0 (D �G (D v C) O Q v S (D (D Z y O v W s o Q c wLn o 0 Q o (� ` ce, o o m O- Q �. H Z N C v n = Z N 0 O n c Gl cn 7 O 0 (D 0 n (D (o O 0 + Q O (D Q 0 oh (D 0 `' -h 0 0 v 00 Q Z (D S 3 0 (o n Q 0 rn S Q S (D O N (D � 0 0 C� in• S '� � O (p '��. 0 S Z a v i s S v O O (D (D Q Q :3 z Q- (D O Z < (D I State of North Carolina Department of Environment • 4 and Natural Resources Raleigh Regional Office Michael F. G. RSecretary EEasley , Governor NCDEHR (± OSS, SecreNORTH CAROLINA DEPAT RTMENOF WilliamG.AND NATURAL RE:souRCES DIVISION OF WATER QUALITY December 5, 2001 Jennifer Burdette Soil and Environmental Consultants, PA 11010 Raven Ridge Road Raleigh, NC 27614 Subject: Neuse River Basin Riparian Buffer Rules NBRRO 01-300 Greenfield SE S&EC Project #: 01-6151 Wake County Dear Ms. Burdette: On October 9, 2001, I conducted a site visit of the features involved in the above referenced project. It was determined, that channels present on the property and shown on either the Wake County Soil Survey and/or the USGS Garner, NC Quad map are subject to protection under the Neuse River Basin: Nutrient Sensitive Waters Management Strategy; Protection and Maintenance of Existing Riparian Areas, Administrative Code T I 5A:02B.0233 (NCAC 0233). The specific portions of the channels subject to the buffer rules include Feature D (below flag #755), Feature E, Feature G (below flag #1001), Feature J (below flag #958), Feature K (below flag #T107), Feature M, and White Oak Creek with its associated open water from former beaver impoundments, which are shown on the attached USGS Garner, NC Quad map (Figure 1) and/or Wake County Soil Survey Map (Figure 2). Features marked A, B, C, F, G (between flag #1027 and 1027A), H, I, and L are not subject to the Neuse Riparian Rule. This office has assigned the reference number of NBRRO-01-300 to this project. Thank you for your attention to this matter and if this Office can be of any assistance or if you have any additional questions concerning this letter, please do not hesitate to contact me at 571-4700 ext. 237. Sincerely, t - Charles Brown Environmental Specialist cc: John Dorney - DWQ \neusbuf.let/nbr013 00.1 et 1628 Mail Service Center, Raleigh, NC 27699-1628 Telephone (919)571-4700 FAX (919)571-4718 An Equal Opportunity Affirmative Action Employer 50% recycled/10% post -consumer paper a Sol! & Environment ^ti h r a _ sil Consultants, PA 11010 Raven Ridge Road, Raleigh, North Carolina 27614 1 ' a 919 Phone: 846-5900 Fax: (919) 846-9467 l l Project: Greenfield SE/Project #: 01-6151 r ky. Date: 10 O1 RoY15It11/0+ t Preliminary Buffer Approximation Suitable for Preliminary Planning Only ,, S&EC reserves the right to modify thin map bard on mo, fieldwork, - e �4 tit - t "`.� '•'^ �. -;' �' -x` surveyed delineation% and any other additional information. k ' `` \1 0 ,_� �_ . �::{ t �'<^- / ...-„ Approximations :ren mapped using topographlr. maps and ground frothing. .5y *t I `�-.; 1I these areas are to be used, they must be approved and ,,.'�, permitted by the NC Division of Water Quality. {y s ✓i� wit l 1J. ilk ����: M'r; �.+. -•!/ i Z-.�'�,"' SdI '•�.._. f; i �_ - Cal. .V i �.:• `�.:1:'� .c:.,;-!"�. ac mot% ''`-:', ,�,3ti:`:.` i%:j�%�ii y• 1 'rV.. �'. IT l: + \ �.:... `y r 'f 4 ` fit` .v .. � .,.:_-:.- ,.._ ,..,, .,r.=. , ... .._.-.. ..., _ _... ..> - _.. `•cam .. L i. -t/J wlte-r LEGEND N S No f s�b� Octe cf -1-n ,rl1 � ,8vf'�'er IFAJ �.. '. = WATERS OF THE US SUBJECT' TO THE NEUSE BUFFER RULES /:: �• ['Phis determination must be confirmed by the NCDWQ] l �•� MARGINAL WATERS OF THE US • MAY BE SUBJECT TO NEUSE BUFFER RULES •• f [S&EC does not believe these channels are subject to the Neuse Buffer Rules; however, � this determination must be"Confirmed by the NCDWQ.j aY , Mops and databases are public information supplied MapVUE by various government agencies_ The author and/or seller of the software program are in no way responsible or liable for the information depicted herein. Inquiries concerning the data should be 0 625 1250 1875 2500 8:23 I - ' APR 3, 2001 directed to the appropriate government agency. r Scale 1n Feet Project#: Scale: 09.6151 1" = 1320' Figure 2 - -(I Survey Fig Greenfield Southeast Bank of America Project Mgr.: JB [Pate: 413101 Garner, Wake County, NC of -'300 ®` = Soil & Environmental Caristiltants, Inc. 11010 Raven Ridge Rd. - Raleigh, NC 27614 (919) 846-5900 • (919) 846-9467 Web Page: www.SandEC.com 7 Environmental Consultants, 8412 Falls of Neuse Road, Suite 104, Raleigh, NC 27615 • Phone; (919) 846-5900 sandec.com To: U.S. Fish and Wildlife Service Raleigh Field Office P.O. Box 33726 Raleigh, NC 27636-3726 November 14, 2023 S&EC Project No: 615 LW29 Re: Online Project Review Request, 500 Waterfield Ridge Place, Garner — 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 November 14, 2023 and are submitting our project review package in accordance with the instructions for further review. Our proposed action consists of. A planned commercial development that is proposing impacts to wetlands. The location of the project and the action area are identified on the enclosed maps. 500 Waterfield Ridge Place (35.689454,-78.560528). The site is located at 500 & 600 Waterfield Ridge Place, Garner — 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 39. The enclosed project review package provides the information about the species and critical habitat considered in our review. The species conclusions table included in the package identifies our determinations for the resources that may be affected by the project. For additional information, please contact Mason Montgomery at mmontgomery@sandec.com Sincerely, SOIL & ENVIRONMENTAL CONSULTANTS, PA Mason Montgomery Environmental Scientist, Wetlands Department Enclosures: 1. Project Request Review Package 6. FWS Official Species List 2. S&EC T&E Species Report 7. NHP Report 3. Vicinity Maps 8. FWS Species Conclusion Table 4. S&EC Photo Report 9. FWS Self -Certification Letter 5. Overall Site Plan Environmental Consultants, 8412 balls of Neese Road, Suite 104, Raleijh, NC 27615 • Phone: (919) 846-5900 • Fax sandee.com November 14, 2023 S&EC Project No.: 6151.W29 To: Modern Mechanical HVAC LLC Attn: Stephen F Eisenmann Sr 1544 Mechanical Blvd Garner, NC 27529 Re: THREATENED & ENDANGERED SPECIES REPORT 500 Waterfield Ridge Place (+/- 10 acres) 500 & 600 Waterfield Ridge Place, Garner, Wake County, NC Stephen Eisenmann Sr: On October 11, 2023, Soil & Environmental Consultants, PA (S&EC) evaluated the 500 Waterfield Ridge Place property shown on the attached maps for potential endangered species. The property is located at 500 & 600 Waterfield Ridge Place in Wake County, NC. Surface waters on -site flow into White Oak Creek (Austin Pond) in the Neuse River Basin, which has been classified in the "Classification and NC DWQ Standards Applicable to Surface Waters and Wetlands of North Carolina" as C; NSW. We obtained the attached automatically generated official species list from the U.S. Fish & Wildlife Service (FWS) and N.C. Natural Heritage Program (NHP) report identifying the protected species on or within one mile of the project area that could potentially be affected by the project. These FWS & NHP reports were updated as of the date of this report. The official species list is valid for 90 days. We conducted preliminary habitat assessments to identify suitable habitat for the individual species listed on the official species list. Detailed botanical surveys were conducted within the optimal survey windows for the listed plant species. The preliminary habitat assessments 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 of aquatic species, nor did it include any detailed mist netting or acoustic surveys for bat species. The results of the search are discussed below. 500 Watefield Ridge Place - S&EC Threatened & Endangered Species Report Page 1 of 7 November 14, 2023 S&EC Project #6151.W29 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 lewisl), Threatened • Carolina Madtom (Noturus furiosus), Endangered • Atlantic Pigtoe (Fusconaia masons), Threatened • Dwarf Wedgemussel (Alasmidonta heterodon), Endangered • Yellow Lance (Elliptio lanceolata), Threatened • 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 on mile of the project area as listed in the attached NHP report. The NHP report identified one managed area within one mile of the project area. These are listed out in the attached NHP Report. TRICOLORED BAT (Perimyotis subflavus): S&EC personnel conducted preliminary surveys of potential suitable habitat for the Tricolored Bat's within the project area. Relying upon the findings of the December 2021 Species Status Assessment (SSA) Report for the Tricolored Bat. Due to the nature of the project being commercial development, which will include tree removal, we concluded that the project would "May affect, not likely to jeopardize the existence of the species" for TCB's. RED -COCKADED WOODPECKER (Picoides borealis): S&EC personnel conducted preliminary surveys of potential suitable habitat (foraging and cavity trees) for Red -cockaded Woodpeckers (RCWs) within the project area. During our evaluation, we found no evidence of 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 500 Waterfield Ridge Place - S&EC Threatened & Endangered Species Report Page 2 of 7 November 14, 2023 S&EC Project #6151.W29 (e.g., Long Leaf pine forests) within the project area. Given the lack 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 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. There is a short section of a non -buffered perennial was +/-3 feet wide with no baseflow and had a sandy 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. There is a short section of a non -buffered perennial was +/-3 feet wide with no baseflow and had a sandy substrate. Due to these observations, we have concluded that the project would have "No effect" on the Carolina Madtom. 500 Waterfield Ridge Place - S&EC Threatened & Endangered Species Report Page 3 of 7 November 14, 2023 S&EC Project #6151.W29 ATLANTIC PIGTOE (Fusconaia masons): 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. Our preliminary survey concluded that potential suitable habitat does not exist on -site. There is a short section of a non -buffered perennial was +/-3 feet wide with no baseflow and had a sandy 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. There is a short section of a non -buffered perennial was +/-3 feet wide with no baseflow and had a sandy substrate. Due to these observations, we have concluded that the project would have "No effect" on the Dwarf Wedgemussel. 500 Waterfield Ridge Place - S&EC Threatened & Endangered Species Report Page 4 of 7 November 14, 2023 S&EC Project #6151.W29 YELLOW LANCE (Elliptio lanceolata): S&EC personnel conducted preliminary surveys of the streams on site for potential suitable habitat for the Yellow Lance (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 rivers and small creeks with excellent water quality. This species typically lives in streams with clean, 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. Our preliminary survey concluded that potential suitable habitat does not exist on -site. There is a short section of a non -buffered perennial was +/-3 feet wide with no baseflow and had a sandy substrate. Due to these observations, we have concluded that the project would have "No effect" on the Yellow Lance. 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 Whys 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 cleared areas. Other sumac species identified on -site included Winged sumac (Rhus copallinum). Given the lack of species present within the property boundaries, we concluded that the project would have "No effect" on Michaux's sumac. 500 Waterfield Ridge Place - S&EC Threatened & Endangered Species Report Page 5 of 7 November 14, 2023 S&EC Project #6151.W29 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. 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 Digitally signed by Mason Montgomery Montgomery Date: 2023.1 1.14 16:13:01 -05 00 Mason Montgomery Environmental Scientist, Wetlands Department Attachments: 1. USGS Vicinity Map 2. Soil Survey Vicinity Map 3. Aerial Map 4. Photo Report 5. Overall Site Plan 6. FWS List of threatened and endangered species that occur in your proposed location, and/or may be affected by your proposed project. Official Species List. September 25, 2023. 7. NHP Report: September 25, 2023. 8. S&EC — FWS Species Conclusion Table. November 14, 2023. 9. S&EC — FWS Self -Certification Letter. November 14, 2023. 500 Waterfield Ridge Place — S&EC Threatened & Endangered Species Report Page 6 of 7 November 14, 2023 S&EC Project #6151.W29 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 mason). 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 (Perimyods 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. 500 Waterfield Ridge Place — S&EC Threatened & Endangered Species Report Page 7 of 7 ;%LPb — LLI _TV lu urn 70 CL tsar - - ,r -�'54_r _ _ • , KING AR T wATERFIELD DR NC Center for Geographic Information & Analysis Project Number: L1SGS Map Map Title: N G151.W29 0 000 2,000 Project Manager: I i i i I i i i I MM 500 Waterfield Ridge PI Feet Scale: 11000' Garner, NC Eq M— A " = Date: Source: Soil & En irotimesital (.misultasits, PA 11 /01 /2023 2019 USGS Garner Quad • � p 4 t � ill Ap2Jill � A p1 M � Y "0 � 0 0 wM R W �A Lo.. " Lo D 77 pC NC Center for Geographic'Inf.'rmation &Analysis kAr Project Number: SOII Survey Map Title: N 6151.W29 0 500 1,000 Project Manager: I i i i I i i i I MM 500 Waterfield Ridge PI Feet Scale: Garner, NC 1"=500' Date: SourceWake County Soil Survey Soil & Environiiieiital Cotisultalits, PA 11 /01 /2023 Sheet 79 ` -" _ ♦� .. '�..,,��►` � .µ•me �"°"•^„� 1a:, 1 \ 1 �• / / % I l .! �P • ♦ ter,. \ \ I►_I_•►► ,. 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MARY5TWP., WAKE COUNTY, NORTH CAROLINA ----. xcuw.uxcvs3 Y'ti9:r! h 44'Bk,LtYJft United States Department of the Interior„"' FISH AND WILDLIFE SERVICE Raleigh Ecological Services Field Office r Post Office Box 33726 Raleigh, NC 27636-3726 Phone: (919) 856-4520 Fax: (919) 856-4556 In Reply Refer To: Project Code: 2023-0132824 Project Name: Wakefield Ridge Place September 25, 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 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 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 09/25/2023 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: https://www.fws. gov/sites/defaultlfiles/documents/endangered-species-consultation- handbook.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/program/migratory-bird-permit/what- we-do. 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/library/collections/threats-birds. 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/partner/council-conservation- migratory-birds. 09/25/2023 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 • USFWS National Wildlife Refuges and Fish Hatcheries • Bald & Golden Eagles • Migratory Birds OFFICIAL SPECIES LIST This list is provided pursuant to Section 7 of the Endangered Species Act, and fulfills the requirement for Federal agencies to "request of the Secretary of the Interior information whether any species which is listed or proposed to be listed may be present in the area of a proposed action". This species list is provided by: Raleigh Ecological Services Field Office Post Office Box 33726 Raleigh, NC 27636-3726 (919) 856-4520 09/25/2023 4 PROJECT SUMMARY Project Code: 2023-0132824 Project Name: Wakefield Ridge Place Project Type: Residential Construction Project Description: This project is located in Garner, NC and is approximately 10 acres. Project Location: The approximate location of the project can be viewed in Google Maps: https: www. google.com/maps/(a)35.689829149999994,-78.56039821980698,14z Counties: Wake County, North Carolina 09/25/2023 ENDANGERED SPECIES ACT SPECIES There is a total of 9 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 Fisheriesl, 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 sub flavus Proposed No critical habitat has been designated for this species. Endangered Species profile: https://ecos.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://ecos.fws.gov/ecp/species/7614 AMPHIBIANS NAME 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://ecos.fws.gov/ecp/species/6772 FISHES NAME ►` K1111I Carolina Madtom Noturus furiosus Endangered There is final critical habitat for this species. Your location does not overlap the critical habitat. Species profile: https://ecos.fws.gov/ecp/species/528 09/25/2023 C-1 CLAMS NAME STATUS Atlantic Pigtoe Fusconaia masoni Threatened There is final critical habitat for this species. Your location does not overlap the critical habitat. Species profile: https://ecos.fws.gov/ecp/species/5164 Dwarf Wedgemussel Alasmidonta heterodon Endangered No critical habitat has been designated for this species. Species profile: https://ecos.fws.gov/ecp/species/784 Yellow Lance Elliptio lanceolata Threatened There is final critical habitat for this species. Your location does not overlap the critical habitat. Species profile: https://ecos.fws.gov/ecp/species/4511 INSECTS NAME STATUS Monarch Butterfly Danaus plexippus Candidate No critical habitat has been designated for this species. Species profile: https://ecos.fws.gov/ecp/species/9743 FLOWERING PLANTS NAME STATUS Michaux's Sumac Rhus michauxii Endangered No critical habitat has been designated for this species. Species profile: https://ecos.fws.gov/ecp/species/5217 CRITICAL HABITATS THERE ARE NO CRITICAL HABITATS WITHIN YOUR PROJECT AREA UNDER THIS OFFICE'S JURISDICTION. YOU ARE STILL REQUIRED TO DETERMINE IF YOUR PROJECT(S) MAY HAVE EFFECTS ON ALL ABOVE LISTED SPECIES. USFWS NATIONAL WILDLIFE REFUGE LANDS AND FISH HATCHERIES Any activity proposed on lands managed by the National Wildlife Refuge system must undergo a 'Compatibility Determination' conducted by the Refuge. Please contact the individual Refuges to discuss any questions or concerns. THERE ARE NO REFUGE LANDS OR FISH HATCHERIES WITHIN YOUR PROJECT AREA. BALD & GOLDEN EAGLES Bald and golden eagles are protected under the Bald and Golden Eagle Protection Act1 and the Migratory Bird Treaty Act2. 09/25/2023 Any person or organization who plans or conducts activities that may result in impacts to bald or golden eagles, or their habitats3, should follow appropriate regulations and consider implementing appropriate conservation measures, as described below. 1. The Bald and Golden Eagle Protection Act of 1940. 2. The Migratory Birds Treat. Act of 1918. 3. 50 C.F.R. Sec. 10.12 and 16 U.S.C. Sec. 668(a) There are bald and/or golden eagles in your project area. For guidance on when to schedule activities or implement avoidance and minimization measures to reduce impacts to migratory birds on your list, click on the PROBABILITY OF PRESENCE SUMMARY at the top of your list to see when these birds are most likely to be present and breeding in your project area. NAME BREEDING 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. 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 the supplemental information and specifically the FAQ "Proper Interpretation and Use of Your Migratory Bird Report" before using or attempting to interpret this report. Probability of Presence ( ) Green bars; the bird's relative probability of presence in the 10km grid cell(s) your project overlaps during that week of the year. Breeding Season( ) Yellow bars; liberal estimate of the timeframe inside which the bird breeds across its entire range. Survey Effort (1) Vertical black lines; the number of surveys performed for that species in the 10km grid cell(s) your project area overlaps. No Data (—) A week is marked as having no data if there were no survey events for that week. probability of presence breeding season I survey effort — no data 09/25/2023 8 SPECIES JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC Bald Eagle I I I I I 1 1 1 111 I I IIII I � +�+— +. I 1 Non -BCC I I I I I I I I— I Vulnerable Additional information can be found using the following links: • Eagle Managment https://www.fws.gov/program/eagle-management • 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 • Supplemental Information for Migratory Birds and Eagles in IPaC https://www.fws.gov/ media/supplemental-information-mi ratory-birds-and-bald-and-golden-ea les-may-occur- project-action MIGRATORY BIRDS Certain birds are protected under the Migratory Bird Treaty Act1 and the Bald and Golden Eagle Protection Act2. 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) 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. 09/25/2023 BREEDING NAME SEASON 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://ecos.fws.gov/ecp/species/9399 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 the supplemental information and specifically the FAQ "Proper Interpretation and Use of Your Migratory Bird Report" before using or attempting to interpret this report. Probability of Presence (') Green bars; the bird's relative probability of presence in the 10km grid cell(s) your project overlaps during that week of the year. Breeding Season( ) Yellow bars; liberal estimate of the timeframe inside which the bird breeds across its entire range. 09/25/2023 10 Survey Effort (1) Vertical black lines; the number of surveys performed for that species in the 10km grid cell(s) your project area overlaps. No Data (—) A week is marked as having no data if there were no survey events for that week. 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 Non -BCC ++ + —+—+ ++++ +++' + 4 +4-+ +---.---.- +—+—-4--+-�-'4N 4- ---�-- +—,-N- Vulnerable Black -billed Cuckoo BCC Rangewide (CON) Chimney Swift """ ++ + + I 1111 1 1 11 1 1 I I I I I I I— +—+—++BCC Rangewide (CON) Kentucky Warbler BCC Rangewide +++++—+ ++++ ++`1 I 11 1 1 I I I I I I I_ +—+— ++—+ — — — — +—++ (CON) Prairie Warbler Rangewide ++ + —+—+ + ,+, 11++ +'++ —� �— �+— + +—+ — — — — +—++BCC (CON) Prothonotary Warbler 'rt'rt ++ +�+ ++++ +— +�+— --�— ++ 'rt ++—+ +—++ BCC Rangewide (CON) Red-headed ++—+ — — +++, —+—+ ++++ +„+ ++++ +4-4--4- 4---- 4---4-- 4--11 — — +—++ Woodpecker BCC Rangewide (CON) Rusty Blackbird +++++ ++++ ++++ +--- +—+— +—+— ++—+ -- — '++ BCC -BCR Wood Thrush 1-1—,+—+ --�— +—++ BCC Rangewide + + + + + N-N— (CON) Additional information can be found using the following links: • Eagle Management https://www.fws.gov/program/eagle-management • Measures for avoiding and minimizing impacts to birds https://www.fws.gov/librq�r/ rator. 09/25/2023 11 • Nationwide conservation measures for birds https://www.fws.gov/sites/default/files/ documents/nationwide-standard-conservation-measures.pdf • Supplemental Information for Migratory Birds and Eagles in IPaC https://www.fws.gov/ media/supplemental-information-migratory-birds-and-bald-and-golden-eagles-may-occur- project-action 09/25/2023 12 IPAC USER CONTACT INFORMATION Agency: Soil & Environmental Consultants, PA Name: Mason Montgomery Address: 8412 Falls of Neuse Road Address Line 2: Suite 104 City: Raleigh State: NC Zip: 27615 Email mmontgomery@sandec.com Phone: 7047732837 Roy Cooper, Governor ■■■10 INC DEPARTMENT OF ■■ ■■ NATURAL AND CULTURAL RESOURCES ■ ONE September 25, 2023 Robert Zarzecki Soil & Environmental Consultants, PA 8412 Falls of Neuse Road, Suite 104 Raleigh, NC 27615 RE: Wakefield Ridge Place; 6151.W29 Dear Robert Zarzecki: D. Reid Wilson, Secretary Misty Buchanan Deputy DirectDr, Natural Heritage Program 041011 .11]=IGAEAlri 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 the NCNHP at natural.heritage�dncr.nc.gov. Sincerely, NC Natural Heritage Program DEPARTMENT OF N.A,TUFZAI. 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Box 33726 Raleigh, NC 27636-3726 Date: 11/14/2023 Self -Certification Letter 500 Waterfield Ridge Place Dear Applicant: F7EUIS&wIKKV ICEFE Interior Thank you for using the U.S. Fish and Wildlife Service (Service) Raleigh Ecological Services online project review process. By printing this letter in conjunction with your project review package, you are certifying that you have completed the online project review process for the project named above in accordance with all instructions provided, using the best available information to reach your conclusions. This letter, and the enclosed project review package, completes the review of your project in accordance with the Endangered Species Act of 1973 (16 U.S.C. 1531-1544, 87 Stat. 884), as amended (ESA), and the Bald and Golden Eagle Protection Act (16 U.S.C. 668-668c, 54 Stat. 250), as amended (Eagle Act). This letter also provides information for your project review under the National Environmental Policy Act of 1969 (P.L. 91-190, 42 U.S.C. 4321-4347, 83 Stat. 852), as amended. A copy of this letter and the project review package must be submitted to this office for this certification to be valid. This letter and the project review package will be maintained in our records. The species conclusions table in the enclosed project review package summarizes your ESA and Eagle Act conclusions. Based on your analysis, mark all the determinations that apply: ❑"no effect" determinations for proposed/listed species and/or ✓ proposed/designated critical habitat; and/or ❑✓ "may affect, not likely to adversely affect" determinations for proposed/listed species and/or proposed/designated critical habitat; and/or ❑ "may affect, likely to adversely affect" determination for the Northern long- eared bat (Myotis septentrionalis) and relying on the findings of the January 5, 2016, Programmatic Biological Opinion for the Final 4(d) Rule on the Northern long-eared bat; ❑✓ "no Eagle Act permit required" determinations for eagles. Applicant Page 2 We certify that use of the online project review process in strict accordance with the instructions provided as documented in the enclosed project review package results in reaching the appropriate determinations. Therefore, we concur with the "no effect" or "not likely to adversely affect" determinations for proposed and listed species and proposed and designated critical habitat; the "may affect" determination for Northern long-eared bat; and/or the "no Eagle Act permit required" determinations for eagles. Additional coordination with this office is not needed. Candidate species are not legally protected pursuant to the ESA. However, the Service encourages consideration of these species by avoiding adverse impacts to them. Please contact this office for additional coordination if your project action area contains candidate species. Should project plans change or if additional information on the distribution of proposed or listed species, proposed or designated critical habitat, or bald eagles becomes available, this determination may be reconsidered. This certification letter is valid for 1 year. Information about the online project review process including instructions, species information, and other information regarding project reviews within North Carolina is available at our website http://www.fws.gov/raleigh/pp.html. If you have any questions, you can write to us at Raleighkfws.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 00 D m n 0 z 0 00 m ... 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