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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, 2 14,1,dN D 1 JUDD PK BEN GLLBL4VD—JI'C�7� h0 EVIL=_LE -ST 42 55 i 1j 1 d CHURCH ST /r r 11"Ce O dIKEN PKWY , L." � gR SRortd t E -CAPE, Y, ST ti RALEI H,ST E VANCE S;T 0 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 " = • 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 10/05/2021 Quad ,-dcc°°m i u Mlu x 01 a WgA Wa U or 401 i to �� N w0 a ON' N" WaB _ f NC Center for Geographic Information Ana�lysi ` Project Number: Map Title: N 14987.W1 0 250 500 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 " = 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--,,� I 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 04 LO 4 w 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 De"Mem or enmronmenmi uesi� z f 0 0 O T 0 O }' O O I U E uc 0 o a, �CL U z v Qw T m f � d N O O O > Q � O ` Q O Q o J ro K/ \ o m � r'4 CT c n LPL CARo N 4-J i LO 4 . g � ate. O w z. LU r 4 Ln Ln E L Q m U N � Q 7n d b �' C 0 f0 N CL O OX 6 E C7 WD Q a N Q J � 4-J E � 0 U 2 _lz ro ro E .� . ro ro 0 m N , m N 4-j 2 2 � 4-j Ln _0 ro mL- w .. r14 � � � U') r14 r- � �. 49 . %�� � E � ` ƒ y § > 2 � 7 co§ / \ } » � � 0 f 3 ƒ § E ± NOE a) / f \ 7 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 �:...Ho h!/IIII11111 0\` 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) S � a 0 ows 0 7 � yyyyy, El V� ���• PA T A EA I R° I j II� I 400 O � ,05 0 J 405 ^� 4,- — LS BROAD fNLCF7' LEGEND �t°�10- 402 �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 I I I i I I I I I I i I I I� / I I I I I I I ' I I I i I 1 I I i� � ❑lo ❑ I ❑ ❑ I ❑ ol❑ I i i I I I I I I I I i i I I I tl I I I I x�oc I I I I I I I [ I I I I I — — — — LL J — 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 III y ly y y y y III/ � / ass_____— III I /VV �I �II \a / i--/_395394 I B 1 / A 69437 SF I I I /I I IMPACT 1 i 291 SF kI 0.007 AC \ � I I � �A p Al TOTAL I IMPACTS 1,631 SF �� I 0.037AC (-9%) �— S, All IMPACT2 \ 771SF0.018A1./ ' 397 y y y �RAS ECi 10 TE�TIO� �'1 — 398 %LL #�I i�399 399 aoo �I aoo y 0—aoo aoo I 569 SF � 0.013 AC 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 W2 xo. oars osscxivriox 725 & 727 E. BROAD STREET TOWN OF FUQUAY-VARINA, WAKE COUNTY, NORTH CAROLINA sras.i ENLARGED =so RALEIIMPACT$: (919)5 9-NC27612 o NCB 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 �� JUDD PK W rAN D S. BENGAL BLVD PERRY �H iVD 1 r 3pOAD ST EVII�LE-ST 42 55 PPar-jkersond°° CHURCH ST / -:k' ' AIKEN PKWY 0 �E ACAD, E Y, ST ti RALEI H,ST 1 1��E�VANCEST�) /1 ' 0 350 �,� N� W GCenter for Geographic N rmation & Analy is Project Number: USGS Map Map Title: N 14987.W5 0 1,000 2,000 Project Manager: I I I I I I I I MM 725 E Broad Street Feet Scale: 1 1000' Fuquay-Varina, NC " = ; Source Soil & Environmental Consultants, Inc. Date: 2019 USGS «.,,,,,.,•,.. 01/25/2024 Fuquay-Varina Quad ,. ca IfLiLlqw,11LIN Project Number: 14987.W5 Map Title: Project Manager: Soil Survey Map MM 725 E Broad Street Scale: 1 " = 250' Fuquay-Varina, NC Date: Source: Wake County Soil 01 /25/2024 Survey Sheet 98 qQ6 0 fqrs-OC Center for Geographic Aformation ' A aly i§1 0 250 500 N 1 i i i 1 i i i 1 Feet Soil & Environmental Consultants, Inc. xgl2 YnII� �J �'ruw� Hunrk, �uir�luy. Iinlvi¢Ir, ic.5�,1� • I'Pa�m' I"JI.11 xJfiaprX� • Yxv NY41 XM=1sp- � -r AIN- .a µ j 1'� OZ-ZZOZ-dS'ON io3rOkld VNllltlA-Avnc)nd d0 NMOI VNI108 H1HON `ALNf10O amvm `VNIHtlA-AvnOnj j0 NMOI ONI1133NIOU 9044-O:ON WHI=l S1390N NVld 133a1S aVOUS '3 LZL I? SZL w ObEL-6ES i6 L6) 3Nl`dlia o C7 voa aoaneNINIIM60LL9 J`d I JNIa` u!D 3adnos i33als adoaa u y �03 adoa�s�o' mnioalIH0av a w w H VNian u - o ow w� w�o. aZ w z as as :s 24 x z W J J W 2 U N D: 0 e z U z Iz A o0 ---------------- -------------- e LL D: _-__— ` CC . . . . . , /� CC. , r r . . ccoz ti I � I a M 14 �_ _ ®„ \\ 'gLL 11 III III �� \ ____�------L _ 'N \ L — — — — —� i � I i — — — — — — — — I I I I I I I i I I 1 1 I 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 er "MA h I&ALUkAff ORW11-T r 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 �I 'ter $; a �... ice— },�W1p1.hIM�t ll 7 .3. Counties: Wake County, North Carolina 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 W '1 1 , , I�h:f S hFF?FeT'. can! 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O x ca � W cu .E U Q� ,U_ N U � �LNj O L �LOj cu � ML � Z3 -� -0 •� -Fu cE U_ -\' U) v J ��/ LL � Z : / U :2 0 \— W /� �/ cU_ G Co � /: LJ c cu a) cu E O U a) U O U a) a) � O O N 0-LC) N a) L cu 4-- 0 a) 0 a) yL. U a) O Q ui U cB a) a) cn L U U cu W Q 0) 06 O U) E O �+ L O cn cu cu c 0 O a) cn cu c E � 20 O .c: E a) N O L N � U ccu c U) a) � U � U Q Ca= �. E o > cu cu w c o a) OU E F 'V O N N 7 a) a) O cn \F c Q .s 2E C/) �pP��ENT OF TyF' fi a N p 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 � yyyyy, El V� ���• PA T A EA I R° I j II� I 400 O � ,05 0 J 405 ^� 4,- — LS BROAD fNLCF7' LEGEND �t°�10- 402 �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 I I I i I I I I I I i I I I� / I I I I I I I ' I I I i I 1 I I i� � ❑lo ❑ I ❑ ❑ I ❑ ol❑ I i i I I I I I I I I i i I I I tl I I I I x�oc I I I I I I I [ I I I I I — — — — LL J — 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 p Al 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 �I aoo aoo — ------ —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