HomeMy WebLinkAbout20240465 Ver 1_PCN Attachments_Broad Street Square_20240321PCN 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 SKETCH MAP
6. NCDWR BUFFER DETERMINATION LETTER
7. REAL ENGINEERING, INC. JUSTIFICATION LETTER
8. S&EC THREATENED & ENDANGERD SPECIES REPORT
9. EXISTING CONDITIONS & PROPOSED CONDITIONS MAPS
10.IMPACT EXHIBIT
11. POST DEVELOPMENT DRAINAGE AREA MAP
Soil & Environmental Consultants, Inc.
9412 Falls of Neuse Road, Suite 104, Raleigh, NC 27615 • Phone (919) 946-59000 Fax (919) 846-9467
sandec.com
AGENT AUTHORIZATION
Project Name/Description: Broad Street Square S&EC Project # 14987
Date: December 29, 2023
The Department of the Army
U.S. Army Corps of Engineers, Wilmington District
69 Darlington Avenue
Wilmington, NC 28403
Attn: George (Lyle) Phillips Field Office: Raleigh Re ug latory 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): 0667-30-5901, 0667-30-6877
Site Address: 725 and 727 East Broad Street
City, County, State: Fuquay-Varina, Wake County, NC
APPLICANT INFORMATION:
Name: Silverstone Investments. LLC (Rich Levert
Mailing Address: 6321 Johnson Pond Road, Fuquay-Varina, NC 27526
Telephone Number: 919-274-6443
Email kennethnhdmdevelopment.com
Applicant (please
A
We i"ereby certify the above information submitted in this application is true and accurate to
the best of our know/edge,
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W rNGCenter for Geographic I'mformation & Anal) is
Project Number: Map Title: N
14987.W1 0 1,000 2,000
Project Manager: Figure 1- USGS I I I I I I I I I
SB 725 E Broad Street Feet
Scale: 1 1000' Fuquay-Varina, NC
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Sour � Soil &Environmental Consultants, PA
ate : 619 U S G S Fuquay-Varina 8412 Falls of N.— Road, Sui. 104, Raleigh. \( 27615 • Phone: (919) 846-5900 • Fax (919) 846-946
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Project Number: Map Title: N
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Project Manager: Figure 2- Soil Survey/ I i i i I i i i I
SB 725 E Broad Street Feet
Scale: 1250' Fuquay-Varina, NC
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Source: Soil & Environmental Consultants, PA
Date: Wake County Soil 8412Fa11—fNeuea Road,S 104,Rzleigh.\(27615•Phove:(919)846-5900•F-:(919)846-9467
10/05/2021 Survey Sheet 98 °°d--,,�
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From:
Phillips, George L CIV USARMY CESAW (USA)
To:
Steven Ball
Subject:
725 and 727 E. Broad Street / Fuquay-Varina / Wake County / SAW-2023-01221
Date:
Tuesday, December 12, 2023 9:24:09 AM
Attachments:
Figure 3 Sketch Mao-ndf
ALCON,
Reference is made to ORM ID SAW-2023-01221, please reference this number on any
correspondence regarding this action.
On 06/14/2023 we received information from you requesting the Wilmington District, Regulatory
Division review and concur with the boundaries of an aquatic resource delineation.
We have reviewed the information provided by you concerning the aquatic resources, and by copy
of this e-mail, are confirming that the aquatic resources delineation has been verified by the Corps
to be a sufficiently accurate and reliable representation of the location and extent of aquatic
resources within the identified Evaluation Area. The location and extent of these aquatic resources
are shown on the delineation map, labeled Figure 3- Sketch Map.
Regulatory Guidance Letter (RGL) 16-01
https://usace.contentdm.ocic.or /g utils/getfile/collection/p16021coll9/id/l256 provides guidance for
Jurisdictional Determinations (JD) and states "The Corps generally does not issue a JD of any type
where no JD has been requested". At this time we are only verifying the delineation. This
delineation may be relied upon for use in the permit evaluation process, including determining
compensatory mitigation. "This verification does not address nor include any consideration for
geographic jurisdiction on aquatic resources and shall not be interpreted as such. This delineation
verification is not an Approved Jurisdictional Determination (AJD) and is not an appealable action
under the Regulatory Program Administrative Appeal Process (33 CFR Part 331). However, you may
request an AJD, which is an appealable action.
If you wish to receive a Preliminary Jurisdictional Determination (PJD), or an Approved Jurisdictional
Determination (AJD) please respond accordingly, otherwise nothing further is required and we will
not provide any additional documentation.
The delineation included herein has been conducted to identify the location and extent of the
aquatic resource boundaries and/or the jurisdictional status of aquatic resources for purposes of the
Clean Water Act for the particular site identified in this request. This delineation may not be valid for
the Wetland Conservation Provisions of the Food Security Act of 1985, as amended. If you or your
tenant are USDA program participants, or anticipate participation in USDA programs, you should
discuss the applicability of a certified wetland determination with the local USDA service center,
prior to starting work.
Lyle Phillips
Regulatory Project Manager
US Army Corps of Engineers
CE-SAW-RG-R
3331 Heritage Trade Drive, Suite 105
Wake Forest, North Carolina 27587
Phone: (919) 588-9200
Fax: (919) 562-0421
Email: George.L.PhillipsC@usace.army.mil
We would appreciate your feedback on how we are performing our duties. Our automated
Customer Service Survey is located at https://re ulg atory.ops.usace.army.mil/customer-service-
surve . Thank you for taking the time to visit this site and complete the survey.
Preliminary Approximation of Waters of the US
S,,imble f., preliminary PI.,,i.g Only
S&EC the ight in modify this p based .. more fieldwork,
detailed ddii..s and any.th, ad&6d mfti.. Jurisdictional
boundary approximations were mapped ..ing topographic p., —
photos and ground M.g. Ifthe .iei.going t.bedisturbed, adetailed
delineation should beperformed bySPEC, approved and permitted bythe
U.S. Army Corps .fEngineers required. Ifthe user fthis work deices
. .— p of the regulated f.— identified by S&EC, they should
—thi— S&EC b. perform a detailed ddi.—ti.. and then i. a NC
Registered Profid Land S—ff., in 1 S&EC. flagging.
A
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Potentially Jurisdictional Wetlan
Wake County 2' Contours
0
DocuSign Envelope ID: 11 Al 9A46-BO82-4240-9677-6CEOC1 BE1 B80
ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
RICHARD E. ROGERS, JR.
Director
Silverstone Investments, LLC
6321Johnson Pond Road
Fuquay Varina, NC
NORTH CAROLINA
Environmental Quality
July 28, 2023
DWR Project 23-238
Wake County
Subject: On -Site Determination for Applicability to the Neuse Buffer Rules (15A NCAC 02B .0714)
Project Name: 725/727 E Broad Street Property
Site Address / Location: 725/727 Broad Street, Fuquay Varina NC
To whom it may concern
On July 17, 2023, DWR staff Dorothy M Robson conducted an on -site review of features located on the
subject property with Steven Ball with S&EC to determine the applicability of the above -noted state
regulations.
The Division of Water Resources has determined that streams listed in the table below and identified on
the attached maps are shown on either the most recently published NRCS Soil Survey of Durham County
and/or the most recent copy of the USGS Topographic (at 1:24,000 scale) map(s). Streams that are listed
as "Subject" on the below table have been located on the ground at the site and possess characteristics
that qualify them to be at least intermittent streams in accordance with the NC Stream Identification
Manual v.4.11 and therefore subject to the Neuse River Buffer Rules. Please be aware that features
identified as "not subject" may be considered jurisdictional according to the US Army Corps of
Engineers and subject to the Clean Water Act.
Feature
Subject
Depicted
Depicted on
E/I/P/ Other
to Buffer
Start @
Stop @
on
ID
Rules
Soil Survey
USGS Topo
Feature
NP
No
Not present
yes
Yes
A
E = Ephemeral, I = Intermittent, P = Perennial, NP = Not Present, N/A=Not Applicable
This on -site determination shall expire five (5) years from the date of this letter. The owner (or future
owners) should notify the Division (and other relevant agencies) of this decision in any future
correspondences concerning this property. Landowners or affected parties that dispute this
D E Q�J/ North Carolina Department of Environmental Quality I Division of Water Resources
!� 512 North Salisbury Street 1 1611 Mail Service Center I Raleigh, North Carolina 27699-1611
NORTH CARouNA 919.707.9000
oepanmem or enmronmenmi uuai�
DocuSign Envelope ID: 11Al9A46-B082-4240-9677-6CEOC1 BE1 B80
DWR 23-238
725/727 E Broad Street
Wake County
Page 2 of 2
determination made by the Division may request a determination by the Director of Water Resources.
This determination is final and binding, unless an appeal request is made within sixty (60) calendar
days of the date of this letter to the Director in writing.
If sending via U.S. Postal Service:
Stephanie Goss - DWR 401 & Buffer
Permitting Branch Supervisor
1617 Mail Service Center
Raleigh, NC 27699-1617
If sending via delivery service (UPS, FedEx, etc.)
Stephanie Goss -DWR 401 & Buffer
Permitting Branch Supervisor
512 N Salisbury St.
Raleigh, NC 27604
This letter only addresses the applicability of the stated regulations on the features identified on the
subject property and/or within the proposed project area. This letter does not approve any activity
within buffers or within waters of the state. There may be other regulated waters, streams or other
features located on the property that do not appear on the maps or table referenced above. Any
waters, streams, or other features on the site, including the features identified in this letter, may be
considered jurisdictional according to the US Army Corps of Engineers and subject to the Clean Water
Act. If you have any additional questions or require additional information, please contact Dorothy M
Robson at 919-791-4200 or dorothy.robson@deq.nc.gov. This determination is subject to review as
provided in Articles 3 & 4 of G.S. 150B.
Sincerely,
ocuSigned by:
1�D
a. -E,
2916E6AB32144F...
Scott Vinson, Regional Supervisor
DWR Raleigh Regional Office
Enclosures: USGS Topographical Map
Published NRCS Soil Survey
Electronic cc: Steven Ball, S&EC
DWR, Raleigh Regional Office
D E Q�J/ North Carolina Department of Environmental Quality I Division of Water Resources
!� 512 North Salisbury Street 11611 Mail Service Center I Raleigh, North Carolina 27699-1611
NoarH CAROLNA 919.707.9000
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tl REAL
ENGINEERING
March 20, 2024
REF: BROAD STREET SQUARE
ToFV Site Plan No.: SP2022-20
725 & 727 E Broad Street
Fuquay-Varina, NC
Justification Letter — Proposed Wetland Impacts
6109 Wilkinsburg Road
Raleigh, NC 27612
(919) 539-7340
The existing project site totals 4.16-ac, and contains a significant amount of existing flood prone
soils on -site, and existing 18,068-sf wetlands, see below:
BROADST
The overall project consists of converting the existing 2,000-sf residential dwelling into
commercial use, bulk retail, and adding 9.360-sf shopping center building with associated
sidewalk, parking, and infrastructure. (2) On -site grassed bioretention cells, or SCM(s), are
proposed to treat ToFV stormwater quantity and quality requirements. Specifically, there are (3)
wetland impact areas, Wetlands Impact 1-3, associated with Bioretention Cell #1 and dumpster
enclosure location. Equipment typically used for construction and earthwork such as backhoes,
bulldozers, excavators, graders, pavers, etc. will be utilized for this project.
In order to develop properties with flood prone soils, ToFV requires the developer to fill these areas
to prevent any flood impacts to proposed structure(s). A large portion of the site is being filled,
specifically closer to E. Broad Street, averaging 1.5-2' of fill across these areas.
Email Danny@RealEngineeringNC.com Page 1 of 2
Web www.RealEngineeringNC.com (NCBELS Firm No.: C-4406)
BROAD STREET SQUARE - ToFV Site Plan No.: SP2022-20
March 20, 2024
Wetlands (Impact 1) — Wetland Fill — SCM Outlet Pipe (291-SF)
REAL
ENGINEERING
Even with the required fill, the proposed Grassed Bioretention Cell #1 with IWS cannot properly
daylight unless fill associated with the extending the 15" RCP SCM outlet pipe and rip -rap outlet
protection into the existing wetlands, resulting in only 291-sf of wetlands impact per Wetland Impact
#1. We are only impacting 10' wide swath of the required, proposed 20' wide SCM Access &
Maintenance Easement.
Wetlands (Impact 2) — Wetland Fill — SCM Access/Unpaved (771-SF)
In order to safely access the proposed Grassed Bioretention Cell #1 for construction and
maintenance, fill is required to the existing wetlands, resulting in only 771-sf of wetlands impact per
Wetland Impact #2. We are impacting the entire 20' wide swath of the required, proposed 20' wide
SCM Access & Maintenance Easement. Wetlands Impacts 1 & 2 only total 1,062-sf.
Wetlands (Impact 3) — Wetland Fill — Dumpster Enclosure (569-SF)
In order to provide proper refuse vehicular access to the proposed dumpster enclosure location for
the development, fill is required to the existing wetlands, resulting in only 569-sf of wetlands impact
per Wetland Impact #3. Retaining walls and 3:1 slopes were utilized to minimize wetland impacts to
the maximum extent possible. Wetlands Impacts 1 - 3 only total 1,631-sf.
Wetlands Impacts 1-3 are illustrated in the enclosed wetlands impact maps:
• W0.1 —Wetland Impacts: Existing
• W1.1 —Wetland Impacts: Proposed
• W2. 1 —Wetland Impacts: Enlarged
Very Truly yours,
```��1ouUIlliiiq
M11111IM011"... 4*AWI MINZ-311111A
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Danny L. Howell, Jr., PE
Real Engineering, Inc.
Principal
Email Danny@RealEngineeringNC.com Page 2 of 2
Web www.RealEngineeringNC.com (NCBELS Firm No.: C-4406)
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xo. oars osscxivriox TOWN OF FUQUAY-VARINA, WAKE COUNTY, NORTH CAROLINA —s.i =so
TOWN OF FUQUAY-VARINA PROJECT NO. SP-2022-20
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SCALE IN FEET
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SHEET DrfUHU 01 rfCCI ODUHrfC WETLAND 6109 WILKINSBURG ROAD
W IMPACTS: RALEIGH, NC 27612,
725 & 727 E. BROAD STREET (919) sas-7aao
PROPOSED NCBELS FIRM NO: C-0406 ENGINEERING
xo. oars 6-1-1-TOWN OF FUQUAY-VARINA, WAKE COUNTY, NORTH CAROLINA sra�s.i =so
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_ WETLAND FILL - SCM OUTLET PIPE
WETLANDS (IMPACT 2)
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WETLANDS (IMPACT 3)
SCALE IN FEET
_ - WETLAND FILL - DUMPSTER ENCLOSURE
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SHEET
BROAD STREET SQUARE
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WETLAND
6109 WILKINSBURG ROAD PUM
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725 & 727 E. BROAD STREET
TOWN OF FUQUAY-VARINA, WAKE COUNTY, NORTH CAROLINA sras.i
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CBELS FIRM NO: C-0406 2L
ENGINEERING
TOWN OF FUQUAY-VARINA PROJECT NO. SP-2022-20
To: U.S. Fish and Wildlife Service
Raleigh Field Office
P.O. Box 33726
Raleigh, NC 27636-3726
Environmental Consultants, Inc.
i�, Ill •.h.1. '10111 141-4. ICslrinh, Nl . �761; * Ifl-- i'JIm+5 ■ I A, NI';y 44+.-'1467
January 25, 2024
S&EC Project No: 14987.W5
Re: Online Project Review Request, Broad Street Square, Fuquay-Varina — 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 January 25, 2024 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.
Broad Street Square (35.592928,-78.786028). The site is located at 725 E Broad Street, Fuquay-Varina —
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, INC.
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, Inc.
t. I.,. ,-I. --i. 1414. NIC . 2761E i PhOI P" ('A'P) XVI-1111`1I If I'A\ ('119) 84 4.!1414�
January 25, 2024
S&EC Project No.: 14987.W5
To: HMD Development Inc
Attn: Kenneth Dickinson
8201 Creedmoor Road, Ste 100
Raleigh, NC 27613
Re: THREATENED & ENDANGERED SPECIES REPORT
Broad Street Square (+/- 4.25 acres)
725 & 727 East Broad Street, Fuquay Varina, Wake County, NC
Kenneth Dickinson:
On January 8, 2023, Soil & Environmental Consultants, Inc. (S&EC) evaluated the Broad Street Square
property shown on the attached maps for potential endangered species. The property is located at 725 &
727 East Broad Street in Wake County, NC. Surface waters on -site flow into Terrible Creek (Johnson
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 B; 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. 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.
Broad Street Square - S&EC Threatened & Endangered Species Report
Page 1 of 7
January 25, 2024
S&EC Project #14987.W5
RESULTS:
The FWS official species list identified the following species for the Evaluation limits:
• Tricolored Bat, (Perimyotis subflavus), Proposed Endangered
• Red -cockaded Woodpecker (Picoides borealis), Endangered
• Neuse River Waterdog (Necturus 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 one mile of the project area as listed in the attached NHP report.
The NHP report identified eight managed areas 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. S&EC did not identify any culverts on -site or within adjacent
ROW large enough to be considered roosting habitat. Due to the nature of the project being a
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
Broad Street Square - S&EC Threatened & Endangered Species Report
Page 2 of 7
January 25, 2024
S&EC Project #14987.W5
(e.g., Long Leaf pine forests) within the project area. S&EC utilized the RCW SLOPES Manual when
making the determination. 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 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. Due to the lack
of streams on site, we have concluded that the project would have "No effect" on the Neuse River
Waterdog.
CAROLINA MADTOM (Noturus furiosus):
S&EC personnel conducted preliminary surveys 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. Due to these
observations, we have concluded that the project would have "No effect" on the Carolina Madtom.
Broad Street Square - S&EC Threatened & Endangered Species Report
Page 3 of 7
January 25, 2024
S&EC Project #14987.W5
ATLANTIC PIGTOE (Fusconaia masons):
S&EC personnel conducted preliminary surveys 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. 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 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.
Due to the lack of suitable habitat on -site, we concluded that the project would have "No effect" on the
Dwarf Wedgemussel.
YELLOW LANCE (Elliptio lanceolata):
S&EC personnel conducted preliminary surveys 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
Broad Street Square - S&EC Threatened & Endangered Species Report
Page 4 of 7
January 25, 2024
S&EC Project #14987.W5
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 for potential suitable
habitat.
Our preliminary survey concluded that potentially suitable habitat does not exist on -site. 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 occurrences within the project area. We found suitable habitat within
the project areas to include primarily disturbed open areas along the roads and easement. While we did
not find any Michaux's Sumac plants within the project area, our survey was conducted outside of the
optimal survey window and as suitable habitat was found it is possible that Michaux's Sumac exists
and therefore we concluded the project would "May affect" Michaux's Sumac. We recommend
consulting with the USFWS and/or conducting follow up surveys within the optimal survey window.
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.
Broad Street Square - S&EC Threatened & Endangered Species Report
Page 5 of 7
January 25, 2024
S&EC Project #14987.W5
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).
However, as suitable habitat exists for Michaux's Sumac the USFWS should be consulted to determine
if surveys need to occur during the optimal survey windows for Michaux's Sumac to ensure that no
plants exist within the disturbed limits of the project. We strongly recommend requesting a
concurrence letter from the FWS.
Sincerely,
SOIL AND ENVIRONMENTAL CONSULTANTS, INC.
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. January 02, 2024.
7. NHP Report: January 02, 2024.
8. S&EC — FWS Species Conclusion Table. January 25, 2024.
9. S&EC — FWS Self -Certification Letter. January 25, 2024.
Broad Street Square — S&EC Threatened & Endangered Species Report
Page 6 of 7
January 25, 2024
S&EC Project #14987.W5
References:
-North Carolina Natural Heritage Program. 2017. Biotics Database. Department of Environment and Natural Resources,
Raleigh, North Carolina.
-US Fish and Wildlife Service. Information for Planning and Consultation (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.
Broad Street Square — S&EC Threatened & Endangered Species Report
Page 7 of 7
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United States Department of the Interior
FISH AND WILDLIFE SERVICE
Raleigh Ecological Services Field Office
Post Office Box 33726
Raleigh, NC 27636-3726
Phone: (919) 856-4520 Fax: (919) 856-4556
In Reply Refer To:
Project Code: 2024-0031455
Project Name: 725 & 727 E Broad Street Square
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January 02, 2024
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
01/02/2024
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.
01/02/2024
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
01/02/2024
4
PROJECT SUMMARY
Project Code: 2024-0031455
Project Name: 725 & 727 E Broad Street Square
Project Type: Residential Construction
Project Description: This project is located in Wake County, NC and is approximately 4.3
acres.
Project Location:
The approximate location of the project can be viewed in Google Maps: https:
www. google.com/maps/(@35.5932148,-78.78610610593127,14z
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01/02/2024
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
01/02/2024
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.
01/02/2024
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 in the links below. Specifically,
please review the "Supplemental Information on Migratory Birds and Eagles".
1. The Bald and Golden Eap-le 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, see the PROBABILITY OF PRESENCE
SUMMARY below 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.
https://ecos.fws.gov/ecp/species/1626
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 "Supplemental
Information on Migratory Birds and Eagles", specifically the FAQ section titled "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.
01/02/2024 8
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 Jill 1 1 1 I 1 1 1 1 III 1 1 1 1 1 1 1 1 1 J I I I -I-+++ I I I I 1 1 1 1' 1 1 1 1 1 1 1
Vulnerable
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/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 Actl 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 in the links below. Specifically,
please review the "Supplemental Information on Migratory Birds and Eagles".
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, see the PROBABILITY OF PRESENCE
SUMMARY below to see when these birds are most likely to be present and breeding in your
project area.
01/02/2024
E
NAME
BREEDING
SEASON
American Kestrel Falco sparverius paulus Breeds Apr 1 to
This is a Bird of Conservation Concern (BCC) only in particular Bird Conservation Regions Aug 31
(BCRs) in the continental USA
https://ecos.fws.gov/ecp/species/9587
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://ecos.fws.gov/ecp/species/1626
Brown -headed Nuthatch Sitta pusilla Breeds Mar 1 to
This is a Bird of Conservation Concern (BCC) only in particular Bird Conservation Regions Jul 15
(BCRs) in the continental USA
https://ecos.fws.gov/ecp/species/9427
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.
https://ecos.fws.gov/ecp/species/9406
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.
https://ecos.fws.gov/ecp/species/9443
Prairie Warbler Dendroica discolor Breeds May 1 to
This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA Jul 31
and Alaska.
https://ecos.fws.gov/ecp/species/9513
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.
https://ecos.fws.gov/ecp/species/9439
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.
https://ecos.fws.gov/ecp/species/9398
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
https://ecos.fws.gov/ecp/species/9478
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.
https://ecos.fws.gov/ecp/species/9431
01/02/2024
10
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 "Supplemental
Information on Migratory Birds and Eagles", specifically the FAQ section titled "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
SPECIES JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC
American Kestrel
BCC -BCR
Bald Eagle Non -BCC Jill 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1+}}}+ 111 ++1+ +�
Vulnerable
Brown -headed
Nuthatch
BCC -BCR
Chimney Swift
++++ ++++ 4 1 1 1 1 1 1 1 1 1 1 1 1
1 1 1 11 11 1 1 1 1 7111 111+ ++++ ++++
BCC Rangewide
(CON)
Kentucky Warbler
++++ ++++ ++++ ++ I I I I
I I I 1 1 1 1 1 I+++++ ++++ ++++ ++++
BCC Rangewide
(CON)
Prairie Warbler
++++ ++++ ++++ ++ 11 I I 1 1 1
1 1 1 11 1 I++'+'+ ++'++ ++++ ++++ +'+++'
BCC Rangewide
(CON)
01/02/2024 11
Prothonotary +++ I + I I + ++++ 'N"++1 ' 11+ "N-"N-++ "N-"N-'N + ++++ ++++ ++++ ++++ ++++
Warbler
BCC Rangewide
(CON) Red-headed +++Tyy + I1I1
+ ,+++ +�++ +1++ ,++l 'N"N I+ 'N"N +I ++++ +,++ ++++ ++++
Woodpecker
BCC Rangewide
(CON)
Rusty Blackbird ++++ +T++ ++++ ++I+ ++++ ++++ ++++ ++++ ++++ ++++ ++1+ ++++
BCC -BCR
Wood Thrush ++++ ++++ ++++ ++++ 1$++ ,+,+ $+1+ +++1 ++++ ++++ ++++ ++++
BCC Rangewide
(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/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
01/02/2024
12
IPAC USER CONTACT INFORMATION
Agency: Soil & Environmental Consultants, Inc.
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:
9198465900
Roy Cooper, Governor
■■■10 INC DEPARTMENT OF
■■ ■■ NATURAL AND CULTURAL RESOURCES
■ ONE
January 2, 2024
Robert Zarzecki
Soil & Environmental Consultants, Inc.
8412 Falls of Neuse Road, Suite 104
Raleigh, NC 27615
RE: 725 & 727 E Broad Street Square; 14987.W5
Dear Robert Zarzecki:
D. Reid Wilson, Secretary
Misty Buchanan
Deputy DirectDr, Natural Heritage Program
041011 :117W1EA"a
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. ANC) Cui_TURAL RESOUPCES
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�pP��ENT OF TyF' fi
a
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RCN 3,A
g
United States Department of the
FISH AND WILDLIFE SERVICE
Raleigh Field Office
P.O. Box 33726
Raleigh, NC 27636-3726
Date: 0 1 /25/2024
Self -Certification Letter
Pro;ectName Broad Street Square
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
S
� a
0
ows
0 7
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PA T A EA I R°
I
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�9
WETLANDS SEAL
— — — — �t 0 029993
Il k)7 k
SCALE IN FEET
0 25 50 100 150 200
SHEET BROAD STREET SQUARE ox x.WETL"6D 6109 WILKINSBURG ROAD
IMPACTS: (919)5 9-7340 612 RREAU
W0. 1 725 & 727 E. BROAD STREET NCB LS FI aoEXISTING NCBELS FIRM NO: C-0406ENGINEERING
xo. oars osscxivriox TOWN OF FUQUAY-VARINA, WAKE COUNTY, NORTH CAROLINA —s.i =so
TOWN OF FUQUAY-VARINA PROJECT NO. SP-2022-20
..
GRASSED
G;1 T BIORETENTION #
. " 16' 437 SF " y' I CELL#2
r ' 1I II
�.. . . . . . . . . .I ■ i I --„
■ �T . . IMPACT 1 . i � ■ I I
■ I 297 SF ■ I I
■ I " " 0.007 AC "1 �! I I
I
•7t' 77 . . 11 i I ,
A ■
■ 7 . � Ili I I rs� — �
■ A I I I
■ IMPACTS ----
� I I
■ 1,631 SF
■ o.037AC(-9i)
■ . . . . > it i I ���(—� L — — —
I—
■ yi
■ 771 SF
■ 0.olsac `a h �� ° I
■ GRASSED ■ —
■ MORETENTION ■
■ CELL #1 ■ I
■ 7
■ h I ■
i .:.......... ■ ■■o!■
I 569 SF I
I 0.013 AC �
I I —
I I
IMPACT AREA I I
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/ I I
I
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— — — —
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LEGEND GO�r f�EE7' - - -
IF J I LIMITS OF DISTURBANCE
. j WETLANDS (UNDISTURBED)
WETLANDS (IMPACTED)
SCALE IN FEET
50 100
SEAL
029993
150 200
SHEET DrfUHU 01 rfCCI ODUHrfC WETLAND 6109 WILKINSBURG ROAD
W IMPACTS: RALEIGH, NC 27612,
725 & 727 E. BROAD STREET (919) sas-7aao
PROPOSED NCBELS FIRM NO: C-0406 ENGINEERING
xo. oars 6-1-1-TOWN OF FUQUAY-VARINA, WAKE COUNTY, NORTH CAROLINA sra�s.i =so
TOWN OF FUQUAY-VARINA PROJECT NO. SP-2022-20
10
-
III y ly y y y y III/ � /
{/��\\�//7 �I /����II394
Ll lJ D NJ /
B
1 /
\169437 SF
I
I I /I I
\ y y\ y y IMPACT 1
i 291 SF kI
0.007 AC
\ � I
I � �A
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21
TOTAL I
IMPACTS
1,631 SF �� I
0.037AC (-9%)
All IMPACT2 j_ 1 y 396
771SF
\ 0.018A1. /
1 397
y y y
�RAS ECi
IO ETENTIO�'1 — 398
ELL
i�399 399
I(
400
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— ------ —aoo aoo
-------r�---IMPACT3
I
569 SF �
0.013
LEGEND
r LIMITS OF DISTURBANCE
I J
WETLANDS (UNDISTURBED)
a •
`----
�� SEAL
WETLANDS (IMPACT 1)
_ WETLAND FILL - SCM OUTLET PIPE
WETLANDS (IMPACT 2)
t0 029993
y
----- - WETLAND FILL - SCM ACCESS (UNPAVED)�
WETLANDS (IMPACT 3)
SCALE IN FEET
_ - WETLAND FILL - DUMPSTER ENCLOSURE
0
15 30
60
90 120
SHEET
BROAD STREET SQUARE
°- "°'° oa.E: °'�'
WETLAND
6109 WILKINSBURG ROAD PUM
1
xo. oars
osscxivriox
725 & 727 E. BROAD STREET
TOWN OF FUQUAY-VARINA, WAKE COUNTY, NORTH CAROLINA sras.i
�MPA�•T$:
ENLARGED
=so
RALEIW2
o
NCB(919)5 9-NC27612
CBELS FIRM NO: C-0406 2L
ENGINEERING
TOWN OF FUQUAY-VARINA PROJECT NO. SP-2022-20