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HomeMy WebLinkAbout20240624 Ver 1_PCN Attachments_Averette Woods SD_20240424PCN 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. TIMMONS GROUP SKETCH MAP 6. NCDWR BUFFER DETERMINATION LETTER 7. S&EC THREATENED & ENDANGERD SPECIES REPORT 8. EXISTING CONDITIONS & OVERALL PLAN MAPS 9. IMPACT EXHIBITS 10. POST DEVELOPMENT DRAINAGE MAP Environmental Consultants, 8412 Falls of Neuse Road, Suite 104, Raleigh, NC 27015 - Phone: (919) 8 46-5900 sandec.com AGENT AUTHORIZATION Project Name/Description: Averette Woods S&EC Project ff 15793 Date: 08/ 15/2023 The Department of the Army U.S. Army Corps of Engineers, Wilmington District 69 Darlington Avenue Wilmington, NC 28403 Attn: Dicky Harmon Field Office: Raleigh Regulatory Field Office I, the undersigned, authorize S&EC, as my agent, to act on my behalf and take all actions necessary for the processing, issuance and acceptance of a permit or certification and any and all associated standard and special conditions. This notification supersedes any previous correspondence concerning the agent for this project. PARCEL INFORMATION: Parcel Index Number(s) (PIN): 1851939056, 1861020421, 1861026148, 1851919904, 1861022044, 1861026046, 1861010709, 1861014836, 1861010635 & 1861014639 Site Address: 2300 Averette Road City, County, State: Wake Forest, Wake County NC APPLICANT INFORMATION: /� tt�� ` Name: Af+l1 hV J?(04 A&Lc'lk YeAf ut i L P Mailing Address: M06 Idori",c Daiix. 5•rik 11,WkA, ae ,(- TelephoneNumber: `7011- 6,39-1703 Email:GwurttkC��,h.co� Applicant4please print) Date We h&eby certify the above information submitted in this application is true and accurate to the best of our knowledge. 2 ---RWER CLUB V/ - Nk MAR.SHAY MEADOWS RD [a�NU'yrY i ry• OAK GROVE Ch'URCH RD -. O TER 4 - a O E � ; �Pd USGS The National Map: National Boundaries Dataset, 3DEP Elevation Program, Geographic Names Information System, National Hydrography Dataset, National Land Cover Database, National Structures Dataset, and National Transportation Dataset; USGS Global Ecosystems; U.S. Census Bureau TIGER/Line data; USFS Road Data; Natural Earth Data; U.S. Department of State Humanitarian Information Unit; and NOAA National Centers for Environmental Information, U.S. Coastal Relief Model. Data refreshed June, 2022. Project Number: Map Title: N 15793.W1 USGS National Map 0 1,000 2,000 Project Manager: I I I I I I I I I M M Averette Woods Feet Scale: Wake Forest, NC 1 if = 1000' Source: Soil & Environmental Consultants, PA Date: 8412 Falls ofN— Road, 6ui. 104, Raleigh, NC 27615 • Phove: (919) 846-5900 • Pas: (919) 846-9467 08/15/2023 USGS National Map ,.dc — 3 i 4 0! or fir 2 4.j. ,eB"pwiv."ems?'`:^ �.. �:,�,H•'° - �t� .z,.,�• /,/ `�� ��= � , 4� ' , u i ^ .�/ I / :1 n1n u w � Lvv B a W ,, r 11 � f g�` v v uC v v ' Z �V L 0 �*e , 41 o.` �. V • "Me ;-X v. �vLoC A. OD aU C ryry e + R Project Number: Map Title: N 15793.W1 0 500 1,000 Project Manager: SOII Survey Map I i i i I i i i I M M Averette Woods Feet Scale: Wake Forest, NC 1" = 500' Source: Soil & Environmental Consultants, PA Date: Wake County Soil 8412 F.11sofN.—Road,6ui.104,Raleigh, NC 27615•Ph... :(919)846-5900• Pna:(919) 846-9467 08/15/2023 Survey Sheet 11 °d-- Morgan Gilbert From: Norton, April R CIV USARMY CESAW (USA) <April.R.Norton@usace.army.mil> Sent: Monday, August 9, 2021 4:10 PM To: Morgan Gilbert Cc: syndi.law@timmons.com Subject: RE: SAW-2021-01618 (2300 Averette Road / Wake Forest NC / Wake County) Attachments: Wetlands and Waters Delineation Map (SAW-2021-01618).pdf CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Dear Morgan Gilbert, Reference is made to Corps Action ID: SAW-2021-01618. Please reference this number on any correspondence regarding this action. 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 review area. The location and extent of these aquatic resources are shown on the delineation map entitled, "Wetlands and Waters Delineation Map" and received July 26, 2021. Regulatory Guidance Letter (RGL) 16-01 https://usace.contentdm.ocic.org/utils/getfile/collection/pl602lco119/id/1256 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. **Due to workload volume, it may take 90 - 120 days or more for the issuance of a standalone JD; however, you may use the delineation for planning and permitting purposes. Thank you, April Norton April R. Norton Regulatory Division US Army Corps of Engineers CE-SAW-RG-R 3331 Heritage Trade Drive, Suite 105 Wake Forest, North Carolina 27587 Phone: (919) 554-4884, Ext. 57 Fax: (919) 562-0421 Email: April.R.Norton@usace.army.mil From: RaleighNCREG <RaleighNCREG@usace.army.mil> Sent: Tuesday, July 27, 2021 9:57 AM To: Morgan Gilbert <Morgan.Gilbert@timmons.com> Cc: Matt Michel <Matt.Michel @timmons.com>; Norton, April R CIV USARMY CESAW (USA) <April.R.Norton@usace.army.mil>; Thames, Joyce A CIV USARMY CESAW (USA) <Joyce.A.Thames@usace.army.mil> Subject: SAW-2021-01618 (2300 Averette Road / Wake Forest NC / Wake County) Good Morning, We have received your Jurisdictional Determination (JD) request, assigned the request file number SAW-2021-01618. Please refer to this file number in all correspondence. Thank you, Josephine Schaffer From: Morgan Gilbert <Morean.Gilbert@timmons.com> Sent: Monday, July 26, 2021 5:03 PM To: RaleighNCREG <RaleighNCREG@usace.army.mil> Cc: Matt Michel <Matt.Michel @timmons.com>; Sydni Law <Svdni.Law@timmons.com>; Brigham, Joshua S <ioshua.brieham@ncdenr.eov>; Norton, April R CIV USARMY CESAW (USA) <April.R.Norton@usace.army.mil> Subject: [Non-DoD Source] Preliminary Jurisdictional Determination Request Package - Averette Road - Wake Forest, NC Good afternoon, On behalf of American Homes 4 Rent, we are submitting a preliminary jurisdictional determination request package for the approximately 30.7-acre Averette Road project site located at approximately 2300 Averette Road in Wake Forest, North Carolina within Wake County. During our delineation, 2 perennial stream segments totaling approximately 234 linear feet and 3 intermittent stream segments totaling approximately 505 linear feet were identified within the Site. In addition, 4 wetlands totaling approximately 54,111 square feet of Palustrine Forested (PFO) wetland area, 5,792 square feet of Palustrine Emergent (PEM) wetland area, and 68,192 square feet of Palustrine Open Water (POW) feature area were identified within the Site. If you have any questions or need any additional information for your review, please do not hesitate to reach back out to me or Sydni Law at sydni.law@timmons.com. Thanks in advance, Morgan Gilbert Environmental Technician TIMMONS GROUP I www.timmons.com 5410 Trinity Rd, Suite 102 1 Raleigh, NC 27607 Office: 984.255.2351 Fax: 919.859.5663 Mobile:910.338.6005 morgan.gilbert@timmons.com Your Vision Achieved Through Ours DocuSign Envelope ID: FA375DOB-6201-4ECE-ACB1-4545B6F035F9 ROY COOPER Governor ELIZABETH S. BISER Secretory S. DANIEL SMITH Dlrectar American Homes 4 Rent Stephen Freeman 2100 Gateway Centre Blvd, Suite 120 Morrisville, NC 27560 NORTH CAROLINA Environmental Quality August 261', 2021 Subject: Buffer Determination Letter NBRRO #21-256 Wake County Determination Type: Buffer Intermittent/Perennial ® Neuse (15A NCAC 2B .0714) ❑ Tar -Pamlico (15A NCAC 2B .0734) ❑ Intermittent/Perennial Determination (where local buffer ordinances apply) ❑ Jordan (15A NCAC 2B .0267) (governmental and/or interjurisdictional projects) Project Name: Address/Location: Stream(s) Averette Road Averette Road, Rolesville, NC Austin Creek DEQ Han curou oee.nrmaw�a..awmawr� North Carolina Department of Environmental Quality I Division of Water Resources Raleigh Regional Office 13800 Barrett Drive I Raleigh. North Carolina 27609 919.791.4200 DocuSign Envelope ID: FA375DOB-6201-4ECE-ACB1-4545B6F035F9 Averette Road Wake County 8/26/2021 Page 2 of 3 Determination Date: 8/26/2021 Staff.• Josh Bri h Stream Feature E/UP0) Not Subject(2) Subject Start @ Sto p@ Soil Survey USGS ToDo A X X B X X X Flag INT-33171- Off Project 16 at Boundary approximately 35.980341, C X -78.456334 X Flag INT-33I1-11 at approximately Off Project 35.980302, Boundary -78.456289 D X X Pond 1 X X X (1) E - Ephemeral, I = Intenmttent, P = Perennial, NP = Not Present, NE = Not Evaluated (2) Refers to State riparian buffer rules only. Stream, wetland, or pond impacts are still subject to applicable water quality standards and permitting requirements. Explanation: The stream(s)/pond(s) listed above has been located on the most recent published NRCS Soil Survey of Wake County, North Carolina and/or the most recent copy of the USGS Topographic map at a 1: 24,000 scale. Each feature that is checked "Not Subject" has been determined to not be an intermittent stream, perennial stream, a pond connected to a stream feature, or the feature is determined not to be present. Stream features that are checked "Subject" have been located on the property and possess characteristics that qualify it to be subject to the buffer rules. There may be other streams located on the property that do not show up on the maps referenced above and are therefore not subject to the buffer rules. However, if the stream features are present on the tract they are subject to all other applicable North Carolina stream standards and permitting requirements as outlined in 15A NCAC 02B and may be considered jurisdictional according to the US Army Corps of Engineers. This on -site determination shall expire five (5) years from the date of this letter. Landowners or affected parties that dispute a determination made by the DWR may request a determination by the Director. An appeal request must be made within sixty (60) days of date of this letter. A request for a determination by the Director shall be referred to the Director in writing. If sending via US Postal Service: c/o Paul Wojoski, DWR — 401 & Buffer Permitting Unit, 1617 Mail Service Center, Raleigh, NC 27699-1617. If sending via delivery service (UPS, FedEx, etc.): Paul Wojoski; DWR — 401 & Buffer Permtting Unit, S12 N. Salisbury Street, Raleigh, NC 27604. This determination is final and binding unless, as detailed above, an appeal is requested within sixty (60) days. This project may require a Section 404/401 Permit for the proposed activity. Any inquiries should be directed to the US Army Corp of Engineers (Raleigh Regulatory Field Office) at (919)-554-4884. D_EQ> North Carolina Department of Environmental Quality I Division of Water Resources I Raleigh Regional Office 3800 Barrett Drive 11628 Mail Service Center I Raleigh, North Carolina 27699-1628 919.791.4200 DocuSign Envelope ID: FA375DOB-6201-4ECE-ACB1-4545B6FO35F9 Averette Road Wake County 8/26/2021 Page 3 of 3 If you have questions regarding this determination, please feel free to contact Josh Brigham at (919) 791-4251. Sincerely, D�,sro�a by: C27 BCDABD825D4A48D... Scott Vinson, Regional Supervisor Water Quality Regional Operations Section Raleigh Regional Office, Division of Water Resources, NCDEQ cc: RRO DWR File Copy Laserfiche Consultant via email, Matt Michel, Timmons Group, matt.micheing,timmons.com �2$ North Carolina Department of Environmental Quality I Division of Water Resources I Raleigh Regional Office 3800 Barrett Drive 11628 Mail Service Center I Raleigh, North Carolina 27699-1628 919.791.4200 DocuSign Envelope ID: FA375DOB-6201-4ECE-ACB1-4545B6FO35F9 Averette Road Wake County, NC-DWR Project # 21-256 NRCS Soil Survey Sheet 11,Rq�4 Base map provided by Wake Co., NC 1970 ,yid w Timmons Group Legend: = :: Locations are approximate -project boundary Q and are provided for refer- nn � ence only:: DocuSign Envelope ID: FA375DOB-6201-4ECE-ACB1-4545B6F035F9 Averette Road Wake County, NC-DWR Project # 21-256 Feature B, Not Subject Pond 1, Not Subject 4r7 0!41 s JH L 1 N A t t nI+A USGS Topographical Map �aSTAiga Base map provided by Rolesville Quadrangle 2019Y Timmons Group Legend Locations are approximate and are provided for refer- -Project boundary Q ence only :: .��, 7 Environmental Consultants, 8412 Falls of Neuse Road, Suite 104, Raleigh, NC 27615 • Phone; (919) 846-5900 sandec.com To: U.S. Fish and Wildlife Service Raleigh Field Office P.O. Box 33726 Raleigh, NC 27636-3726 September 5, 2023 S&EC Project No: 15793.W1 Re: Online Project Review Request, Averette Woods Subdivision, Wake Forest — Wake County, North Carolina We have reviewed the referenced project using the USFWS North Carolina Field Office's online project review process and have followed all guidance and instructions in completing the review. We completed our review September 5, 2023, and are submitting our project review package in accordance with the instructions for further review. Our proposed action consists of. A planned residential development that is proposing impacts to wetlands and riparian buffers. The location of the project and the action area are identified on the enclosed maps. Averette Woods Subdivision (35.981081,-78.458708). The site is located at 2300 Averette Road, Wake Forest — Wake County, North Carolina. Construction will commence following the anticipated Section 404 & 401 Approvals and should be completed by the Nationwide Permit Expiration date of March 15, 2026. This project review is needed under the provisions of Section 7 of the Endangered Species Act (ESA), and per General Condition 18 of Nationwide Permit 29. The enclosed project review package provides the information about the species and critical habitat considered in our review. The species conclusions table included in the package identifies our determinations for the resources that may be affected by the project. For additional information, please contact Mason Montgomery at mmontgomery@sandec.com Sincerely, SOIL & ENVIRONMENTAL CONSULTANTS, PA Mason Montgomery Environmental Scientist, Wetlands Department Enclosures: 1. Project Request Review Package 6. FWS Official Species List 2. S&EC T&E Species Report 7. NIP Report 3. Vicinity Maps 8. FWS Species Conclusion Table 4. S&EC Photo Report 9. FWS Self -Certification Letter 5. Overall Site Plan Soil & Environmental Consultants, PA 8412 Falls of Neuse Road, suite 104, Raleigh, NC: 27615 • Phone: (919) 846-5900 •lax: (919) 846-9467 sandcc.com September 5, 2023 S&EC Project No.: 15793.W1 To: BGE, Inc. Attn: Ryan Fisher 5440 Wade Park Boulevard, Suite 102 Raleigh, NC 27607 Re: THREATENED & ENDANGERED SPECIES REPORT Averette Woods Subdivision (+/- 30 acres) 2300 Averette Road, Wake Forest, Wake County, NC Ryan Fisher: On August 18, 2023, Soil & Environmental Consultants, PA (S&EC) evaluated the Averette Woods Subdivision property shown on the attached maps for potential endangered species. The property is located at 2300 Averette Road in Wake County, NC. Surface waters on -site flow into Austin Creek in the Neuse River Basin, which has been classified in the "Classification and NC DWQ Standards Applicable to Surface Waters and Wetlands of North Carolina" as C; NSW. We obtained the attached automatically generated official species list from the U.S. Fish & Wildlife Service (FWS) and N.C. Natural Heritage Program (NHP) report identifying the protected species on or within one mile of the project area that could potentially be affected by the project. These FWS & NHP reports were updated as of the date of this report. The official species list is valid for 90 days. We conducted preliminary habitat assessments to identify suitable habitat for the individual species listed on the official species list. Detailed botanical surveys were conducted within the optimal survey windows for the listed plant species. The preliminary habitat assessments included assessing the physical characteristics of the streams, identifying forest types, and looking for evidence of the listed species on - site. This survey did not include any detailed sampling or netting of aquatic species, nor did it include any detailed mist netting or acoustic surveys for bat species. The results of the search are discussed below. Averette Road Subdivision - S&EC Threatened & Endangered Species Report Page 1 of 6 September 5, 2023 S&EC Project #15793.W1 RESULTS: The FWS official species list identified the following species for the Evaluation limits: • Tricolored Bat, (Perimyotissubflavus), 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 • Monarch Butterfly (Danaus plexippus) , Candidate • Michaux's Sumac (Rhus michauxil) , Endangered Of the species identified on the official species list, the NHP report did not identify any Federally threatened or endangered species within the project area or within one mile of the project area. Other State listed species were found within the project area as listed in the attached NHP report. The NHP report identified one natural area and five managed areas within the project area or 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 identified recently vacant structures that had no evidence of the presence of 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 residential development, which will include tree removal, we concluded that the project would "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 Averette Road Subdivision - S&EC Threatened & Endangered Species Report Page 2 of 6 September 5, 2023 S&EC Project #15793.W1 (e.g., Long Leaf pine forests) within the project area. Given the lack of suitable habitat, we concluded that the project would have "No effect" on RCWs. NEUSE RIVER WATERDOG (Necturus lewisil: S&EC personnel conducted preliminary surveys of the streams on -site for potential suitable habitat for the Neuse River Waterdog. The NHP report did not list any known elemental occurrence within the project area or within one mile of the site. This species is found in the Neuse River and Tar River basins. The suitable habitat this species is found in is typically medium to large streams and rivers with a moderate gradient and large bed material. The Neuse River Waterdog also needs riffles, runs, and pools. While we did not specifically sample for the species, we also did not find any evidence of the species while conducting our preliminary surveys of the streams for potential suitable habitat. Our preliminary survey concluded that potential suitable habitat does not exist on -site. The first order perennial stream was +/A feet wide with medium baseflow and had a clayey silty substrate. Additionally, the other streams on -site did not have suitable habitat. Due to these observations, we have concluded that the project would have "No effect" on the Neuse River Waterdog. CAROLINA MADTOM (Noturus furiosus): S&EC personnel conducted preliminary surveys of the streams on -site for potential suitable habitat for the Carolina Madtom. The NHP report did not list any known elemental occurrence within the project area or within one mile of the site. This species is found in the Neuse River and Tar River basins. The suitable habitat this species is found in is also medium to large streams and rivers with a moderate gradient and large bed material. The Carolina Madtom also needs continuous year-round flow and cover for nesting habitat. While we did not specifically sample for the species, we also did not find any evidence of the species while conducting our preliminary surveys of the streams for potential suitable habitat. Our preliminary survey concluded that potential suitable habitat does not exist on -site. The first order perennial stream was +/-4 feet wide with medium baseflow and had a clayey silty substrate. Additionally, the other streams on -site did not have suitable habitat. Due to these observations, we have concluded that the project would have "No effect" on the Carolina Madtom. Averette Road Subdivision - S&EC Threatened & Endangered Species Report Page 3 of 6 September 5, 2023 S&EC Project #15793.W1 ATLANTIC PIGTOE (Fusconaia masoni): S&EC personnel conducted preliminary surveys of the streams on -site for potential suitable habitat for the Atlantic Pigtoe (Note: This did not include a detailed aquatic mussel survey for the presence of mussels). The NHP report did not list any known elemental occurrence within the project area or within one mile of the site. The suitable habitat for this species consists of medium sized creeks to large rivers with excellent water quality. This species typically lives in streams with coarse sand and gravel with moderate to high flowing water. While we did not specifically sample for the species, we also did not find any evidence of the species while conducting our preliminary surveys of the streams for potential suitable habitat. Our preliminary survey concluded that potential suitable habitat does not exist on -site. The first order perennial stream was +/-4 feet wide with medium baseflow and had a clayey silty substrate. Additionally, the other streams on -site did not have suitable habitat. Due to these observations, we have concluded that the project would have "No effect" on the Atlantic Pigtoe. DWARF WEDGEMUSSEL (Alasmidonta heterodon): S&EC personnel conducted preliminary surveys of the streams on -site for potential suitable habitat for the Dwarf Wedgemussel (Note: This did not include a detailed aquatic mussel survey for the presence of mussels). The NHP report did not list any known elemental occurrence within the project area or within one mile of the site. The Dwarf Wedgemussel has little to no preference for stream size, flow condition or bed material. Based on guidance from the USFWS staff, only 2nd order and larger perennial streams are considered suitable habitat. While we did not conduct detailed mussel surveys, no mussels (of any species) were observed during the preliminary suitable habitat survey. Our preliminary survey concluded that potential suitable habitat does not exist on -site. The first order perennial stream was +/A feet wide with medium baseflow and had a clayey silty substrate. Additionally, the other streams on -site did not have suitable habitat. Due to these observations, we have concluded that the project would have "No effect" on the Dwarf Wedgemussel. Averette Road Subdivision - S&EC Threatened & Endangered Species Report Page 4 of 6 September 5, 2023 S&EC Project #15793.W1 MONARCH BUTTERFLY (Danaus plexippus): The Monarch Butterfly is currently listed as a candidate species, and not yet listed or proposed for listing as threatened or endangered. Due to the current status of Monarch Butterfly, consultation with USFWS under section 7 of the Endangered Species Act is not required. FWS recommends conserving pollinator habitat where practicable. MICHAUX'S SUMAC (Rhus michauxii): S&EC personnel conducted preliminary surveys of suitable habitat within the project area. We visited a known population of Michaux's sumac within Wake County prior to conducting our preliminary surveys. We found no individual Michaux's Sumac species within the project area. The NHP report did not list any known elemental occurrences within the project area. We found suitable habitat within the project areas to include primarily disturbed open areas along the roads, pond edge, and tree line. Other sumac species identified on -site included Winged sumac (Rhus copallinum). Given the lack of species present within the project area, we concluded the project will have "no effect" on Michaux's sumac. BALD EAGLE (Haliaeetus leucocephalus): S&EC personnel conducted preliminary surveys of suitable habitat, nesting sites, and individual Bald Eagles within the project area. During our survey, we found no evidence of Bald Eagles or any nesting sites within the project area. The NHP report did not identify any known nests on -site or within one mile of the site. Given the lack of species present, we have concluded that the project is " Unlikely to disturb nesting bald eagles. " We believe no Eagle Act Permit is required. CONCLUSION: After completing the habitat assessments and preliminary surveys, S&EC completed the attached "Species Conclusion Table" and "Self -Certification Letter." Using language typically used by the FWS in their conclusion letters, we have concluded that it appears the proposed project is not likely to adversely affect any federally listed endangered or threatened species, their formally designated critical habitat, or species currently proposed for listing under the Endangered Species Act (ESA). We strongly recommend requesting a concurrence letter from the FWS. Averette Road Subdivision - S&EC Threatened & Endangered Species Report Page 5 of 6 September 5, 2023 S&EC Project #15793.W1 Sincerely, SOIL AND ENVIRONMENTAL CONSULTANTS, PA 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. August 15, 2023. 7. NHP Report: August 15, 2023. 8. S&EC — FWS Species Conclusion Table. September 5, 2023. 9. S&EC — FWS Self -Certification Letter. September 5, 2023. References: -North Carolina Natural Heritage Program. 2017. Biotics Database. Department of Environment and Natural Resources, Raleigh, North Carolina. -US Fish and Wildlife Service. Information for Planning and Consultation (IPaC) & Raleigh Ecological Services Field Office Online Project Reviews website. -U.S. Fish and Wildlife Service. 2021. Species status assessment report for the Atlantic Pigtoe (Fusconaia masons). Version 1.2. December 2021. Atlanta, GA. -U.S. Fish and Wildlife Service. 1993. Michaux's Sumac Recovery Plan. Atlanta, Georgia: U.S. Fish and Wildlife Service. 30pp. -U.S. Fish and Wildlife Service. 2003. Recovery Plan for the Red -cockaded Woodpecker (Picoides borealis) Second Revision. Atlanta GA 316 pp. -U.S. Fish and Wildlife Service/ Southeast Region. 2021. Carolina Madtom. Species Profile. https://www.fws.gov/southeast/wildlife/fishes/Carolina-madtom/. - U.S. Fish and Wildlife Service/ Southeast Region. 2021. Neuse River Waterdog... Species Profile. https: //www.fws.gov/southeast/wildlife/amphibians/neuse-river-waterdog/ -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. Averette Road Subdivision - S&EC Threatened & Endangered Species Report Page 6 of 6 RIVER CLUB 11 1 - KF CQ MARSNAY MfADOiY� RD co�N�NTy OAK GRnVF CHURCH RD }ter [SST A �f v a� �P USGS The National Map: National Boundaries Dataset, 3DEP Elevation Program, Geographic Names Information System, National Hydrography Dataset, National Land Cover Database, National Structures Dataset, and National Transportation Dataset; USGS Global Ecosystems; U.S. Census Bureau TIGER/Line data; USFS Road Data; Natural Earth Data; U.S. Department of State Humanitarian Information Unit; and NOAA National Centers for Environmental Information, U.S. Coastal Relief Model. Data refreshed June, 2022. Project Number: Map Title: N 15793.W1 0 1,000 2,000 Project Manager: USGS National Map I I I I I I I I I M M Averette Woods Feet Scale: Wake Forest, NC 1 " = 1000' Source: Soil & Environmental Consultants, PA Date: USGS National Map ril3 Fal6d lcuu &a.d SuNr lOi C17613• P6mr (919) 8465M- F—(919]a96" 08/15/2023 ` — `�`•--_ �,: ____ _ —ram—=— o— __ _ ,\�� .��1'�.:� t �- g� `.. n �:' ,WI'' S—'�' _ �='—_�___� ■I '� :�` "i� nA`�I 11111, ,1i111 `I; , `.'_, __` ____ _--__- - � __-_C'17�.1'S �- � l,� �`� - � - / SIB ' I``��•�I ,,` u. 4 ` ` • �.• ■ '�i.. ^� _ �,.+- t I <- 'gyp ���. r - ■ Zg aft -'ej - ��"� �.[ Ilr ■ref ': `I I ■ ]-'4r 1 _ '.SLa �--j���(4,�ay-�iY'ar _ r - _�" 'r ate.- - - - „yq :�• �r,��- �.,_ Ok � a,;S ,� till. �.; . •.:. f, .. �' '`�'� I:; . - - .. _ - .v. - :y- Y ..� ,:. h `•.+r5• r .- �'���`�;�'•� �,�i�y+e � . 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I ® I zw4f* III ' ff 1 �d ' ;♦ *III, W ti3 Wt la g� *I — — O o _ 51 IN JgR -Ra / Hill's w„ oo'S ./ J i iniv mini rsnsiniio oe��oia n s nortes 6mo Mna unicininonc n ��w6uimvin uoi�russuo�w�eeucueu�snnn moeoN e��aeiv nn isci i��ueN nsewou unuewmsvefw 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: 2023-0117104 Project Name: Averette Woods e x hSai k 4YYFJiYJft +cfln7i� i� August 15, 2023 Subject: List of threatened and endangered species that may occur in your proposed project location or may be affected by your proposed project To Whom It May Concern: The enclosed species list identifies threatened, endangered, proposed and candidate species, as well as proposed and final designated critical habitat, that may occur within the boundary of your proposed project and/or may be affected by your proposed project. The species list fulfills the requirements of the U.S. Fish and Wildlife Service (Service) under section 7(c) of the Endangered Species Act (Act) of 1973, as amended (16 U.S.C. 1531 et seq.). If your project area contains suitable habitat for any of the federally -listed species on this species list, the proposed action has the potential to adversely affect those species. If suitable habitat is present, surveys should be conducted to determine the species' presence or absence within the project area. The use of this species list and/or North Carolina Natural Heritage program data should not be substituted for actual field surveys. New information based on updated surveys, changes in the abundance and distribution of species, changed habitat conditions, or other factors could change this list. Please feel free to contact us if you need more current information or assistance regarding the potential impacts to federally proposed, listed, and candidate species and federally designated and proposed critical habitat. Please note that under 50 CFR 402.12(e) of the regulations implementing section 7 of the Act, the accuracy of this species list should be verified after 90 days. This verification can be completed formally or informally as desired. The Service recommends that verification be completed by visiting the IPaC website at regular intervals during project planning and implementation for updates to species lists and information. An updated list may be requested through the IPaC system by completing the same process used to receive the enclosed list. The purpose of the Act is to provide a means whereby threatened and endangered species and the ecosystems upon which they depend may be conserved. Under sections 7(a)(1) and 7(a)(2) of the Act and its implementing regulations (50 CFR 402 et seq.), Federal agencies are required to utilize their authorities to carry out programs for the conservation of threatened and endangered 08/15/2023 species and to determine whether projects may affect threatened and endangered species and/or designated critical habitat. A Biological Assessment is required for construction projects (or other undertakings having similar physical impacts) that are major Federal actions significantly affecting the quality of the human environment as defined in the National Environmental Policy Act (42 U.S.C. 4332(2) (c)). For projects other than major construction activities, the Service suggests that a biological evaluation similar to a Biological Assessment be prepared to determine whether the project may affect listed or proposed species and/or designated or proposed critical habitat. Recommended contents of a Biological Assessment are described at 50 CFR 402.12. If a Federal agency determines, based on the Biological Assessment or biological evaluation, that listed species and/or designated critical habitat may be affected by the proposed project, the agency is required to consult with the Service pursuant to 50 CFR 402. In addition, the Service recommends that candidate species, proposed species and proposed critical habitat be addressed within the consultation. More information on the regulations and procedures for section 7 consultation, including the role of permit or license applicants, can be found in the "Endangered Species Consultation Handbook" at: https://www.fws. gov/sites/defaultlfiles/documents/endangered-species-consultation- handbook.pdf Migratory Birds: In addition to responsibilities to protect threatened and endangered species under the Endangered Species Act (ESA), there are additional responsibilities under the Migratory Bird Treaty Act (MBTA) and the Bald and Golden Eagle Protection Act (BGEPA) to protect native birds from project -related impacts. Any activity, intentional or unintentional, resulting in take of migratory birds, including eagles, is prohibited unless otherwise permitted by the U.S. Fish and Wildlife Service (50 C.F.R. Sec. 10.12 and 16 U.S.C. Sec. 668(a)). For more information regarding these Acts, see https://www.fws.gov/program/migratory-bird-permit/what- we-do. The MBTA has no provision for allowing take of migratory birds that may be unintentionally killed or injured by otherwise lawful activities. It is the responsibility of the project proponent to comply with these Acts by identifying potential impacts to migratory birds and eagles within applicable NEPA documents (when there is a federal nexus) or a Bird/Eagle Conservation Plan (when there is no federal nexus). Proponents should implement conservation measures to avoid or minimize the production of project -related stressors or minimize the exposure of birds and their resources to the project -related stressors. For more information on avian stressors and recommended conservation measures, see https://www.fws.gov/library/collections/threats-birds. In addition to MBTA and BGEPA, Executive Order 13186: Responsibilities of Federal Agencies to Protect Migratory Birds, obligates all Federal agencies that engage in or authorize activities that might affect migratory birds, to minimize those effects and encourage conservation measures that will improve bird populations. Executive Order 13186 provides for the protection of both migratory birds and migratory bird habitat. For information regarding the implementation of Executive Order 13186, please visit https://www.fws.gov/partner/council-conservation- migratory-birds. 08/15/2023 3 We appreciate your concern for threatened and endangered species. The Service encourages Federal agencies to include conservation of threatened and endangered species into their project planning to further the purposes of the Act. Please include the Consultation Code in the header of this letter with any request for consultation or correspondence about your project that you submit to our office. Attachment(s): • Official Species List • Migratory Birds 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 08/15/2023 4 PROJECT SUMMARY Project Code: 2023-0117104 Project Name: Averette Woods Project Type: Residential Construction Project Description: This project is located in Wake Forest, NC and is approximately 30 acres. Project Location: The approximate location of the project can be viewed in Google Maps: https: www. google.com/maps/(a)35.98142095,-78,4592546098148,14z Counties: Wake County, North Carolina 08/15/2023 5 ENDANGERED SPECIES ACT SPECIES There is a total of 8 threatened, endangered, or candidate species on this species list. Species on this list should be considered in an effects analysis for your project and could include species that exist in another geographic area. For example, certain fish may appear on the species list because a project could affect downstream species. IPaC does not display listed species or critical habitats under the sole jurisdiction of NOAA Fisheriesi, as USFWS does not have the authority to speak on behalf of NOAA and the Department of Commerce. See the "Critical habitats" section below for those critical habitats that lie wholly or partially within your project area under this office's jurisdiction. Please contact the designated FWS office if you have questions. 1. NOAA Fisheries, also known as the National Marine Fisheries Service (NMFS), is an office of the National Oceanic and Atmospheric Administration within the Department of Commerce. MAMMALS NAME STATUS Tricolored Bat Perimyotis subflavus Proposed No critical habitat has been designated for this species. Endangered Species profile: https:Hecos.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:Hecos.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:Hecos.fws.gov/ecp/species/6772 FISHES NAME STATUS Carolina Madtom Noturus furiosus Endangered There is final critical habitat for this species. Your location does not overlap the critical habitat. Species profile: https:Hecos.fws.gov/ecp/species/528 08/15/2023 11 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:Hecos.fws.gov/ecp/species/5164 Dwarf Wedgemussel Alasmidonta heterodon Endangered No critical habitat has been designated for this species. Species profile: https:Hecos.fws.gov/ecp/species/784 INSECTS NAME STATUS Monarch Butterfly Danaus plexippus Candidate No critical habitat has been designated for this species. Species profile: https:Hecos.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:Hecos.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. MIGRATORY BIRDS Certain birds are protected under the Migratory Bird Treaty Act! and the Bald and Golden Eagle Protection Actz. Any person or organization who plans or conducts activities that may result in impacts to migratory birds, eagles, and their habitats should follow appropriate regulations and consider implementing appropriate conservation measures, as described below. 1. The Migratory Birds Treaty Act of 1918. 2. The Bald and Golden Eagle Protection Act of 1940. 3. 50 C.F.R. Sec. 10.12 and 16 U.S.C. Sec. 668(a) The birds listed below are birds of particular concern either because they occur on the USFWS Birds of Conservation Concern (BCC) list or warrant special attention in your 08/15/2023 project location. To learn more about the levels of concern for birds on your list and how this list is generated, see the FAQ below. This is not a list of every bird you may find in this location, nor a guarantee that every bird on this list will be found in your project area. To see exact locations of where birders and the general public have sighted birds in and around your project area, visit the E-bird data mapping tool (Tip: enter your location, desired date range and a species on your list). For projects that occur off the Atlantic Coast, additional maps and models detailing the relative occurrence and abundance of bird species on your list are available. Links to additional information about Atlantic Coast birds, and other important information about your migratory bird list, including how to properly interpret and use your migratory bird report, can be found below. For guidance on when to schedule activities or implement avoidance and minimization measures to reduce impacts to migratory birds on your list, click on the PROBABILITY OF PRESENCE SUMMARY at the top of your list to see when these birds are most likely to be present and breeding in your project area. NAME Bald Eagle Haliaeetus leucocephalus This is not a Bird of Conservation Concern (BCC) in this area, but warrants attention because of the Eagle Act or for potential susceptibilities in offshore areas from certain types of development or activities. Black -billed Cuckoo Coccyzus erythropthalmus This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska. https:Hecos.fws.gov/ecp/species/9399 Chimney Swift Chaetura pelagica This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska. Prairie Warbler Dendroica discolor BREEDING SEASON Breeds Sep 1 to Jul 31 Breeds May 15 to Oct 10 Breeds Mar 15 to Aug 25 Breeds May 1 This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA to Jul 31 and Alaska. Prothonotary Warbler Protonotaria citrea Breeds Apr 1 to This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA Jul 31 and Alaska. Red-headed Woodpecker Melanerpes erythrocephalus Breeds May 10 This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA to Sep 10 and Alaska. Wood Thrush Hylocichla mustelina Breeds May 10 This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA to Aug 31 and Alaska. 08/15/2023 E3 PROBABILITY OF PRESENCE SUMMARY The graphs below provide our best understanding of when birds of concern are most likely to be present in your project area. This information can be used to tailor and schedule your project activities to avoid or minimize impacts to birds. Please make sure you read and understand the FAQ "Proper Interpretation and Use of Your Migratory Bird Report" before using or attempting to interpret this report. Probability of Presence (■) Each green bar represents the bird's relative probability of presence in the 10km grid cell(s) your project overlaps during a particular week of the year. (A year is represented as 12 4-week months.) A taller bar indicates a higher probability of species presence. The survey effort (see below) can be used to establish a level of confidence in the presence score. One can have higher confidence in the presence score if the corresponding survey effort is also high. How is the probability of presence score calculated? The calculation is done in three steps: 1. The probability of presence for each week is calculated as the number of survey events in the week where the species was detected divided by the total number of survey events for that week. For example, if in week 12 there were 20 survey events and the Spotted Towhee was found in 5 of them, the probability of presence of the Spotted Towhee in week 12 is 0.25. 2. To properly present the pattern of presence across the year, the relative probability of presence is calculated. This is the probability of presence divided by the maximum probability of presence across all weeks. For example, imagine the probability of presence in week 20 for the Spotted Towhee is 0.05, and that the probability of presence at week 12 (0.25) is the maximum of any week of the year. The relative probability of presence on week 12 is 0.25/0.25 = 1; at week 20 it is 0.05/0.25 = 0.2. 3. The relative probability of presence calculated in the previous step undergoes a statistical conversion so that all possible values fall between 0 and 10, inclusive. This is the probability of presence score. Breeding Season( ) Yellow bars denote a very liberal estimate of the time -frame inside which the bird breeds across its entire range. If there are no yellow bars shown for a bird, it does not breed in your project area. Survey Effort (1) Vertical black lines superimposed on probability of presence bars indicate the number of surveys performed for that species in the 10km grid cell(s) your project area overlaps. The number of surveys is expressed as a range, for example, 33 to 64 surveys. No Data (—) A week is marked as having no data if there were no survey events for that week. Survey Timeframe 08/15/2023 9 Surveys from only the last 10 years are used in order to ensure delivery of currently relevant information. The exception to this is areas off the Atlantic coast, where bird returns are based on all years of available data, since data in these areas is currently much more sparse. - probability of presence breeding season I survey effort — no data SPECIES JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC Bald Eagle Non -BCC j j j j j j j j 6+ $+++ j jAim :� jjjj ++++ ++'+ +++1 ++—+ +++, Vulnerable .--- —� ==+N MEN Black -billed ��� 7777 �� **TT **�� �+ �� Cuckoo ++++ + ++ ++++ ++_I I I ++ +++ tt M +++ ++++ ++—+ ++++ BCC Rangewide (CON) l Chimney Swift + I + '1 loll HE HE 1111'""""' BCC Rangewide +++ + + + ++ ++ ++—+ ++++ (CON) Prairie Warbler , "" BCC Rangewide ++++ + ++ ++++ + i++ -I-++ + +++ ++++ ++—+ ++++ (CON) Warbler ++++ ++++ ++++ 177 TF••••• t t +++ + +'+++ ++++ +—+ ++++ BCC Rangewide (CON) Red-headed Woodpecker ,+++ + j++ ++++ $11$ +,++ ++++ ++++'+11 +"' ++1+ ++—+ +'++ BCCRangewide — — — — — — — — — — — --- (CON) Wood Thrush + """ "' '„ " BCC Rangewide ++ + + + ++++ ++—+ ++++ (CON) Additional information can be found using the following links: • Birds of Conservation Concern https://www.fws.gov/program/migratory-birds/species • Measures for avoiding and minimizing impacts to birds https://www.fws.gov/library collections/avoidins7-and-minimizins7-incidental-take-mis7ratorv-birds • Nationwide conservation measures for birds https://www.fws.gov/sites/default/files/ documents/nationwide-standard-conservation-measures.pdf MIGRATORY BIRDS FAQ Tell me more about conservation measures I can implement to avoid or minimize impacts to migratory birds. Nationwide Conservation Measures describes measures that can help avoid and minimize impacts to all birds at any location year round. Implementation of these measures is particularly 08/15/2023 10 important when birds are most likely to occur in the project area. When birds may be breeding in the area, identifying the locations of any active nests and avoiding their destruction is a very helpful impact minimization measure. To see when birds are most likely to occur and be breeding in your project area, view the Probability of Presence Summary. Additional measures or permits may be advisable depending on the type of activity you are conducting and the type of infrastructure or bird species present on your project site. What does IPaC use to generate the list of migratory birds that potentially occur in my specified location? The Migratory Bird Resource List is comprised of USFWS Birds of Conservation Concern (BCQ and other species that may warrant special attention in your project location. The migratory bird list generated for your project is derived from data provided by the Avian Knowledge Network (AKN). The AKN data is based on a growing collection of survey, banding. and citizen science datasets and is queried and filtered to return a list of those birds reported as occurring in the 10km grid cell(s) which your project intersects, and that have been identified as warranting special attention because they are a BCC species in that area, an eagle (Eagle Act requirements may apply), or a species that has a particular vulnerability to offshore activities or development. Again, the Migratory Bird Resource list includes only a subset of birds that may occur in your project area. It is not representative of all birds that may occur in your project area. To get a list of all birds potentially present in your project area, please visit the Rapid Avian Information Locator (RAIL) Tool. What does IPaC use to generate the probability of presence graphs for the migratory birds potentially occurring in my specified location? The probability of presence graphs associated with your migratory bird list are based on data provided by the Avian Knowledge Network (AKN). This data is derived from a growing collection of survey, banding, and citizen science datasets. Probability of presence data is continuously being updated as new and better information becomes available. To learn more about how the probability of presence graphs are produced and how to interpret them, go the Probability of Presence Summary and then click on the "Tell me about these graphs" link. How do I know if a bird is breeding, wintering or migrating in my area? To see what part of a particular bird's range your project area falls within (i.e. breeding, wintering, migrating or year-round), you may query your location using the RAIL Tool and look at the range maps provided for birds in your area at the bottom of the profiles provided for each bird in your results. If a bird on your migratory bird species list has a breeding season associated with it, if that bird does occur in your project area, there may be nests present at some point within the timeframe specified. If "Breeds elsewhere" is indicated, then the bird likely does not breed in your project area. What are the levels of concern for migratory birds? 08/15/2023 11 Migratory birds delivered through IPaC fall into the following distinct categories of concern: 1. 'BCC Rangewide" birds are Birds of Conservation Concern (BCC) that are of concern throughout their range anywhere within the USA (including Hawaii, the Pacific Islands, Puerto Rico, and the Virgin Islands); 2. 'BCC - BCR" birds are BCCs that are of concern only in particular Bird Conservation Regions (BCRs) in the continental USA; and 3. "Non -BCC - Vulnerable" birds are not BCC species in your project area, but appear on your list either because of the Eagle Act requirements (for eagles) or (for non -eagles) potential susceptibilities in offshore areas from certain types of development or activities (e.g. offshore energy development or longline fishing). Although it is important to try to avoid and minimize impacts to all birds, efforts should be made, in particular, to avoid and minimize impacts to the birds on this list, especially eagles and BCC species of rangewide concern. For more information on conservation measures you can implement to help avoid and minimize migratory bird impacts and requirements for eagles, please see the FAQs for these topics. Details about birds that are potentially affected by offshore projects For additional details about the relative occurrence and abundance of both individual bird species and groups of bird species within your project area off the Atlantic Coast, please visit the Northeast Ocean Data Portal. The Portal also offers data and information about other taxa besides birds that may be helpful to you in your project review. Alternately, you may download the bird model results files underlying the portal maps through the NOAA NCCOS Integrative Statistical Modeling and Predictive Mapping of Marine Bird Distributions and Abundance on the Atlantic Outer Continental Shelf project webpage. Bird tracking data can also provide additional details about occurrence and habitat use throughout the year, including migration. Models relying on survey data may not include this information. For additional information on marine bird tracking data, see the Diving Bird Study and the nanotag studies or contact Caleb Spiegel or Pam Lorin. What if I have eagles on my list? If your project has the potential to disturb or kill eagles, you may need to obtain a permit to avoid violating the Eagle Act should such impacts occur. Proper Interpretation and Use of Your Migratory Bird Report The migratory bird list generated is not a list of all birds in your project area, only a subset of birds of priority concern. To learn more about how your list is generated, and see options for identifying what other birds may be in your project area, please see the FAQ "What does IPaC use to generate the migratory birds potentially occurring in my specified location". Please be aware this report provides the "probability of presence" of birds within the 10 km grid cell(s) that overlap your project; not your exact project footprint. On the graphs provided, please also look carefully at the survey effort (indicated by the black vertical bar) and for the existence of the "no data" indicator (a red horizontal bar). A high survey effort is the key component. If the survey effort is high, then the probability of presence score can be viewed as more dependable. In contrast, a low survey effort bar or no data bar means a lack of data and, therefore, a lack of 08/15/2023 12 certainty about presence of the species. This list is not perfect; it is simply a starting point for identifying what birds of concern have the potential to be in your project area, when they might be there, and if they might be breeding (which means nests might be present). The list helps you know what to look for to confirm presence, and helps guide you in knowing when to implement conservation measures to avoid or minimize potential impacts from your project activities, should presence be confirmed. To learn more about conservation measures, visit the FAQ "Tell me about conservation measures I can implement to avoid or minimize impacts to migratory birds" at the bottom of your migratory bird trust resources page. 08/15/2023 13 IPAC USER CONTACT INFORMATION Agency: Soil & Environmental Consultants, PA Name: Mason Montgomery Address: 8412 Falls of Neuse Road Address Line 2: Suite 104 City: Raleigh State: NC Zip: 27615 Email mmontgomery@sandec.com Phone: 7047732837 Roy Cooper, Governor 9" 0 INC DEPARTMENT OF ""i ■ WMk.M 1 NATURAL AND CULTURAL RESOURCES ■-000 August 15, 2023 Robert Zarzecki Soil & Environmental Consultants, PA 8412 Falls of Neuse Road, Suite 104 Raleigh, NC 27615 RE: Averette Woods; 15793.W1 Dear Robert Zarzecki: 13. Reid Wilson, Secretary Misty Buchanan Deputy Director, Natural Heritage Program NCNHDE-23025 The North Carolina Natural Heritage Program (NCNHP) appreciates the opportunity to provide information about natural heritage resources for the project referenced above. Based on the project area mapped with your request, a query of the NCNHP database indicates that there are no records for rare species, important natural communities, natural areas, and/or conservation/managed areas within the proposed project boundary. Please note that although there may be no documentation of natural heritage elements within the project boundary, it does not imply or confirm their absence; the area may not have been surveyed. The results of this query should not be substituted for field surveys where suitable habitat exists. In the event that rare species are found within the project area, please contact the NCNHP so that we may update our records. The attached `Potential Occurrences' table summarizes rare species and natural communities that have been documented within a one -mile radius of the property boundary. The proximity of these records suggests that these natural heritage elements may potentially be present in the project area if suitable habitat exists. Tables of natural areas and conservation/managed areas within a one -mile radius of the project area, if any, are also included in this report. If a Federally -listed species is found within the project area or is indicated within a one -mile radius of the project area, the NCNHP recommends contacting the US Fish and Wildlife Service (USFWS) for guidance. Contact information for USFWS offices in North Carolina is found here: httr)s://www.fws.gov/offices/Directory/ListOffices.cfm?statecode=37. Please note that natural heritage element data are maintained for the purposes of conservation planning, project review, and scientific research, and are not intended for use as the primary criteria for regulatory decisions. Information provided by the NCNHP database may not be published without prior written notification to the NCNHP, and the NCNHP must be credited as an information source in these publications. Maps of NCNHP data may not be redistributed without permission. The NC Natural Heritage Program may follow this letter with additional correspondence if a Dedicated Nature Preserve, Registered Heritage Area, Land and Water Fund easement, or Federally - listed species are documented near the project area. If you have questions regarding the information provided in this letter or need additional assistance, please contact Rodney A. Butler at rod ney.butler�ncdcr.gov or 919-707-8603. Sincerely, NC Natural Heritage Program DEPARTMENT OF NATURAL AND CULTURAL RESOURCES 121 1N. JON S STREET, RALEIGI I_ NC 27603 - 16Sl MAOL SERVICE CENTER. PAL EIGH. rkc 276�0 OFC 919.707.9120 • FAK 919.707.9421 / CO °' v % O g 3 s -0 } \ e / / E o e (3 ® 3 e 3 e 3 ^ CO \ < > > \ J CO ± 0)2 > O \ U m/ = m y 2 = y co./ 2 \ ® s s 0\ 0 >% / \/ \/ Jƒ CO 2 s CO \/ /s » e t t t t e e e e G : \ \§ u » » \ COCO e E E E E }\ G \ o \ 0 \ CO> / / / ` \ CO § a\ a e = / e o 0 0 0 &\ / \ y .y \ } \ \ \ \ e / / e 9 3 e 4 0 0 0 0 CO \» e e c a a a a s © \(® 6\ \ E \ / ƒ ƒ ® z _ e 2 -m \ \ z ® \ g a \ 0 a a y / \ / CO r 0 » \ / % % 9 = % s 0 ƒ \ y x e 0 0 3 ± a) ± e 6 e (� \ \ Z \ 2 COw ± / 2 \ \ e % u s Z < ^ ° © / / \ 2 / \ < \ Z u \ ~ ~ % 2 CO w w w \ ,o ± c \ % % % 2 = 0 / < \ ® » a u > \ \ \ \ - » = o 3 \ID- = m E / / / CO \ } ° g J J \ ® = e e e Z z f \/ - c / / % % % y \ } \ ® \ E e m / § w w w . o 0 0 g ® 5 E ® 33 » _ _ _ 0� = e= CO y \ z \ § E2 o \ \ / \ \ / \ / / / / /j \ \ / / / CO CO w / ƒ \ _ / \ 2 7 \ \ » e o 7 E 0 \ E\ / COs 4 c } COE © / $} H s e E CO = e c o 2 O CO ° s \ CO u 0 -000 \ \ / ® \ E \ \ \ 7 - � S » LE / / / \ \ \ � \ \ \ CO CO n \ f % > \ 2 \ \ \ \ } } / D \ = u s e a s x c s / t \\\\ E \ CO z � \ 9 0 0 0 \ 2 \ \ \ \ \ % \ \ \ \ \ \ / / \ 3 / / O o o o c c c n % � — \ $ E / / / 2 \ \ u \\ \ \ \\�\ = eee e © \\ ���� ? / / Cl 0 \ o _ \ \ E _ 2 CO / e e e§ % / / / o e » © / z E/ E 2 E / 0) /}/ / \ \ / \ / / / / / \ / / / / / / \ \ \ 3 mi o c § / 0 m CD (1) Q N 0 m N i W z U Z OdWJe c C c i I / I / Q � z ro 2 Lu Z < Om Q d N O � ra < � a �O] N N_ N a C fCC° 7 z L m IL CD M 0 M M N O N LO N E N CO 0 i i i i i i i i E N E N E N E N E N E N E N E N O O O O O O O O O O O O O O O O U N U N U N U N U N U N U N U N Cd 06 06 06 06 06 Cd cd O N N N N N N N N �_- to =3 to =3 to =3 to =3 to =3 to =3 to =3 to =3 �ai �O O �O �O O Q Q Q Q Q Q Q Q E m = =3 OC- OC- O C- O C- O C- O C- O C- O to to to to �_ to �_ to �_ to �_ to N E U E U E U E U E U E U E U E U ON= W N — W — W — W — W — W 206 — W N — W N Z C-6 O_ CO C-6 O_ U) C-6 O_ CO C-6 O_ CO C,6 O_ CO O_ CO 06 O_ CO 06 O_ CO O � N N N_ N 0 Q N U N � cr N 0 •( N (a W Y_ to E L ti U N O (Q Q W N Z Z Z Z Z Z Z Z N N N N N N N N N a) N N U)Q N Q Q Q Q N N N N Q � Q Q Ca Ca Ca Ca N c- 0 ca sm N N M N M N M N Ms ca O N N O W U) to to to to U Y U O O O O O O Q M O U co Z Z Z Z Z CO cn ZD m Z E1Y m Q 0')O � N > O N i M 0— N 0 U)�O N O U U O N N E E X Y > "- Q_ co N O to - V 3 m V 0 -z O U O N U)U L O U („) -Ci � O � � CD-LJJ � /N c J /�'OL �/ ��// 1 7O Z z /L� 7LO c) �/ Q 0 G r0� W �- U c cu a) cu E O U a) U L O a) L a) O Q a) L 4- 0 cu 70 (1) U a) U) U (1) Q_ 70 (B a) N U U cu W Q 0) 06 O CO L E 0 O to (a Q cu C:c cu Cl O a) cu cu N N O E E N O -r- N Q (B U CO a) U "J CU Q N E N O O 0)-a W (B (B 0 y c O N E N O N a) U - Q .s ccm G l^O_ vJ apP��,ENT OF' Tye, E IN nKLI ak rWILDLIFE N yo United States Department of the Interior FISH AND WILDLIFE SERVICE ch s, Raleigh Field Office P.O. Box 33726 Raleigh, NC 27636-3726 Date: September 5, 2023 Self -Certification Letter Pro] ect NameAverette Woods SD Dear Applicant: Thank you for using the U.S. Fish and Wildlife Service (Service) Raleigh Ecological Services online project review process. By printing this letter in conjunction with your project review package, you are certifying that you have completed the online project review process for the project named above in accordance with all instructions provided, using the best available information to reach your conclusions. This letter, and the enclosed project review package, completes the review of your project in accordance with the Endangered Species Act of 1973 (16 U.S.C. 1531-1544, 87 Stat. 884), as amended (ESA), and the Bald and Golden Eagle Protection Act (16 U.S.C. 668-668c, 54 Stat. 250), as amended (Eagle Act). This letter also provides information for your project review under the National Environmental Policy Act of 1969 (P.L. 91-190, 42 U.S.C. 4321-4347, 83 Stat. 852), as amended. A copy of this letter and the project review package must be submitted to this office for this certification to be valid. This letter and the project review package will be maintained in our records. The species conclusions table in the enclosed project review package summarizes your ESA and Eagle Act conclusions. Based on your analysis, mark all the determinations that apply: ❑"no effect" determinations for proposed/listed species and/or ✓ proposed/designated critical habitat; and/or 0 "may affect, not likely to adversely affect" determinations for proposed/listed species and/or proposed/designated critical habitat; and/or "may affect, likely to adversely affect" determination for the Northern long- eared bat (Myotis septentrionalis) and relying on the findings of the January 5, 2016, Programmatic Biological Opinion for the Final 4(d) Rule on the Northern long-eared bat; ❑✓ "no Eagle Act permit required" determinations for eagles. Applicant Page 2 We certify that use of the online project review process in strict accordance with the instructions provided as documented in the enclosed project review package results in reaching the appropriate determinations. Therefore, we concur with the "no effect" or "not likely to adversely affect" determinations for proposed and listed species and proposed and designated critical habitat; the "may affect" determination for Northern long-eared bat; and/or the "no Eagle Act permit required" determinations for eagles. Additional coordination with this office is not needed. Candidate species are not legally protected pursuant to the ESA. However, the Service encourages consideration of these species by avoiding adverse impacts to them. Please contact this office for additional coordination if your project action area contains candidate species. Should project plans change or if additional information on the distribution of proposed or listed species, proposed or designated critical habitat, or bald eagles becomes available, this determination may be reconsidered. This certification letter is valid for 1 year. Information about the online project review process including instructions, species information, and other information regarding project reviews within North Carolina is available at our website http://www.fws.gov/raleigh/pp.html. If you have any questions, you can write to us at Raleighgfws.gov or please contact Leigh Mann of this office at 919-856-4520, ext. 10. Sincerely, /s/Pete Benjamin Pete Benjamin Field Supervisor Raleigh Ecological Services Enclosures - project review package 1 1 it �.� 11 1�\ l ��_---� l •i 11� I I l � l l l � 1'� 1.� / + I � l I If I` I I I I /K ��v I,' I � ;�_-=� "�) ;I III; //�' ;%i � �; •;/�' //I��III '� 10\ l 119J vvv III • I I�I� //n yyPI IIII /� i • i / 9 11 ,� lil lu Ipj �. I v�vi i lug uv nu \ i L \r 11'iI I'II�� 1 1 j >z 0 O m 0 U) z cl O 0�0 w U) w w Q N m 3 0 00 a � M G/ E d d C M N a` V R LL W 0. 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