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HomeMy WebLinkAbout20230803 Ver 1_Jacobs Creek_Self Certification Package_20230605QPQ��eNT OF T,yF2 O F fN O 7 � 9 N 3, 5aA United States Department of the Project Name FISH AND WILDLIFE SERVICE Raleigh Field Office P.O. Box 33726 Raleigh, NC 27636-3726 Date: 5/28/2023 Self -Certification Letter Jacob's Creek Residential Development Dear Applicant: fug a wn� S�NV ICIi Interior q} F 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. If you have any questions, you can write to us at Raleigh@fws.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 4.: United States Department of the Interior p 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: 2023-0086905 Project Name: Jacob's Creek Residential Development ear' ln AMMU WX o-< May 27, 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 ECOS-IPaC website at regular intervals during project planning and implementation for updates to species lists and information. An updated list may be requested through the ECOS-IPaC system by completing the same process used to receive the enclosed list. The purpose of the Act is to provide a means whereby threatened and endangered species and the ecosystems upon which they depend may be conserved. Under sections 7(a)(1) and 7(a)(2) of the Act and its implementing regulations (50 CFR 402 et seq.), Federal agencies are required to utilize their authorities to carry out programs for the conservation of threatened and endangered 05/27/2023 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: http://www.fws.gov/endangered/esa-library/pdf/TOC-GLOS.PDF Migratory Birds: In addition to responsibilities to protect threatened and endangered species under the Endangered Species Act (ESA), there are additional responsibilities under the Migratory Bird Treaty Act (MBTA) and the Bald and Golden Eagle Protection Act (BGEPA) to protect native birds from project -related impacts. Any activity, intentional or unintentional, resulting in take of migratory birds, including eagles, is prohibited unless otherwise permitted by the U.S. Fish and Wildlife Service (50 C.F.R. Sec. 10.12 and 16 U.S.C. Sec. 668(a)). For more information regarding these Acts see https://www.fws.gov/birds/policies-and-regulations.php. The MBTA has no provision for allowing take of migratory birds that may be unintentionally killed or injured by otherwise lawful activities. It is the responsibility of the project proponent to comply with these Acts by identifying potential impacts to migratory birds and eagles within applicable NEPA documents (when there is a federal nexus) or a Bird/Eagle Conservation Plan (when there is no federal nexus). Proponents should implement conservation measures to avoid or minimize the production of project -related stressors or minimize the exposure of birds and their resources to the project -related stressors. For more information on avian stressors and recommended conservation measures see https://www.fws.gov/birds/bird-enthusiasts/threats-to- birds.php. In addition to MBTA and BGEPA, Executive Order 13186: Responsibilities of Federal Agencies to Protect Migratory Birds, obligates all Federal agencies that engage in or authorize activities that might affect migratory birds, to minimize those effects and encourage conservation measures that will improve bird populations. Executive Order 13186 provides for the protection of both migratory birds and migratory bird habitat. For information regarding the implementation of Executive Order 13186, please visit https://www.fws.gov/birds/policies-and-regulations/ executive-orders/e0-13186. php. 05/27/2023 We appreciate your concern for threatened and endangered species. The Service encourages Federal agencies to include conservation of threatened and endangered species into their project planning to further the purposes of the Act. Please include the Consultation Code in the header of this letter with any request for consultation or correspondence about your project that you submit to our office. Attachment(s): • Official Species List • Migratory Birds 05/27/2023 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 05/27/2023 PROJECT SUMMARY Project Code: 2023-0086905 Project Name: Jacob's Creek Residential Development Project Type: New Constr - Above Ground Project Description: 5-phase residential subdivision in Rockingham County, NC. Project Location: The approximate location of the project can be viewed in Google Maps: https: www.google.com/maps/(a)36.2886695,-79.94888052392571,14z Counties: Rockingham County, North Carolina 05/27/2023 ENDANGERED SPECIES ACT SPECIES There is a total of 4 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 FISHES NAME STATUS Roanoke Logperch Percina rex Endangered No critical habitat has been designated for this species. Species profile: https://ecos.fws.gov/ecp/species/1134 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 Schweinitz's Sunflower Helianthus schweinitzii Endangered No critical habitat has been designated for this species. Species profile: https://ecos.fws.gov/ecp/species/3849 05/27/2023 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. 05/27/2023 MIGRATORY BIRDS Certain birds are protected under the Migratory Bird Treaty Act! and the Bald and Golden Eagle Protection Actz. Any person or organization who plans or conducts activities that may result in impacts to migratory birds, eagles, and their habitats should follow appropriate regulations and consider implementing appropriate conservation measures, as described below. 1. The Migratory Birds Treat. Act of 1918. 2. The Bald and Golden Eagle Protection Act of 1940. 3. 50 C.F.R. Sec. 10.12 and 16 U.S.C. Sec. 668(a) The birds listed below are birds of particular concern either because they occur on the USFWS Birds of Conservation Concern (BCC) list or warrant special attention in your project location. To learn more about the levels of concern for birds on your list and how this list is generated, see the FAQ below. This is not a list of every bird you may find in this location, nor a guarantee that every bird on this list will be found in your project area. To see exact locations of where birders and the general public have sighted birds in and around your project area, visit the E-bird data mapping tool (Tip: enter your location, desired date range and a species on your list). For projects that occur off the Atlantic Coast, additional maps and models detailing the relative occurrence and abundance of bird species on your list are available. Links to additional information about Atlantic Coast birds, and other important information about your migratory bird list, including how to properly interpret and use your migratory bird report, can be found below. For guidance on when to schedule activities or implement avoidance and minimization measures to reduce impacts to migratory birds on your list, click on the PROBABILITY OF PRESENCE SUMMARY at the top of your list to see when these birds are most likely to be present and breeding in your project area. NAME 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 This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska. Wood Thrush Hylocichla mustelina This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska. BREEDING SEASON Breeds Mar 15 to Aug 25 Breeds May 1 to Jul 31 Breeds May 10 to Aug 31 05/27/2023 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 05/27/2023 3 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 Chimney Swift BCC Rangewide —� (CON) Prairie Warbler BCC Rangewide —+ (CON) Wood Thrush BCC Rangewide ---- — I -- ---- — — — I — . — -- — -- --- . -- — --- (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/avoidinc-and-minimizinv--incidental-take-mip-ratorv-birds • Nationwide conservation measures for birds https://www.fws.gov/sites/default/files/ documents/nationwide-standard-conservation-measures.pdf MIGRATORY BIRDS FAQ Tell me more about conservation measures I can implement to avoid or minimize impacts to migratory birds. Nationwide Conservation Measures describes measures that can help avoid and minimize impacts to all birds at any location year round. Implementation of these measures is particularly important when birds are most likely to occur in the project area. When birds may be breeding in the area, identifying the locations of any active nests and avoiding their destruction is a very helpful impact minimization measure. To see when birds are most likely to occur and be breeding in your project area, view the Probability of Presence Summary. Additional measures or permits may be advisable depending on the type of activity you are conducting and the type of infrastructure or bird species present on your project site. What does IPaC use to generate the list of migratory birds that potentially occur in my specified location? The Migratory Bird Resource List is comprised of USFWS Birds of Conservation Concern (BCQ and other species that may warrant special attention in your project location. 05/27/2023 4 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? 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). 05/27/2023 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 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. 05/27/2023 IPAC USER CONTACT INFORMATION Agency: Private Entity Name: James Mason Address: 324 Blackwell St, Suite 1200 City: Durham State: NC Zip: 27701 Email james.mason@threeoaksengineering.com Phone: 7046048358 Roy Cooper, Governor on ■o INC DEPARTMENT OF N ) ■■minim NATURAL AND CULTURAL RESOURCES ■ ■®■ May 18, 2023 Three Oaks Three Oaks Engineering 324 Blackwell Street Durham, NC 27701 RE: Jacobs Creek Subdivision Dear Three Oaks: D. Reid Wilson, Secretary Misty Buchanan Deputy Director, Natural Heritage Program 04 ►011M1UKMANI IE 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 09 121 L4 JC)NES STF EET, RALEK_,H. NC 27603 - 1651 r�IAUL 6EPVICE CENTER, PALEIGH. NC OFC 919 7U7.9120 • FAX 919 707 9121 \ \ CO / / 3 7a v \ \ \ / $ \ / a)/ \ COj 2 CO « m g/ y2 \ \2 / \/ \ \ƒ ®/ 2 /s i/ E \/ \ D \4 \\ ( \ \ CO/ ^ =7 �\ \ ( 0 \ = E \ 4/ / / ® » / s s g \5ne g © %/ e a a a_ ƒ 2 / / \ \ 2 / »1) CO w\e& CO )\ \ a)> 2 y CO2 % % CO 4 mgeZ <a}oo \% x e a \ / u J/ \ 2 Z t O u m ° ƒ U_ \ o \ ƒ ® _ c \\ CO Z ° \O 3§ xo 0 -} / \ —0 O / ) CO2 \E D- E z » E (j \ \ u `u \ ( \ \ \ z G = O O CO \ E ` CO k � e k = ? g LE ( co 2 / 0\ \ \ ( \ s \ \ co Du ( UE 0 g m z co e \ E \ } \ D� :o� us ,as u ° \\ :2 CO 0\ / \ / \ J m ) \ /H \ Ln / \.2 �\ CO \gj �\ \ / �\ O \ ° � \ g _ / % g z t o _ — = % e= z. o z » } / E CO Z e x 2 : z^ \ / CO / / / \ \ o § / r— O U) CO se Q) L U U) O U (a LO O) r N I W r) U Z Rd oc m Th U on cool We'd A \ d y�J ea �47 Angell Ra Angell Rd d FJQ � S 3 �tS 2 U Z n Hayn N 2 v ti JI ax u7 M O PH aaa�Aaddad o �a LI.j �eo. ac �buiaej a��ad :....g S Pa auoo a c" �o 0 --' Lauren Rd NG O� \ d� O � v z C � oy M O M N CD Q) a Three Oaks Engineering, Inc. 324 Blackwell Street, Suite 1200 Durham, NC 27701 (919)732-1300 January 23, 2023 Donald Sever Senior Project Manager Summit Design and Engineering Services 320 Executive Court Hillsborough, NC 27278 919-322-0115 x 3239 don. sever@summitde.com Bennett Farm Schweinitz's Sunflower Survey Memo Project Description and Survey Methodology LGI Homes, Inc. proposes to develop a portion (160.7 acres) of Parcel No. 121531Z1, hereafter referred to as the Project Study Area (PSA). The PSA is centered between Stokesdale, Ellisboro, and Witty's Crossroads in the Huntsville and New Bethel Townships of Rockingham County, North Carolina. Three Oaks Engineering, Inc. (Three Oaks) was contracted as a subconsultant to Summit Design and Engineering Services (Summit), who is under contract with LGI Homes, Inc. to complete surveys for the federally endangered Schweinitz's sunflower within the PSA. The PSA includes a proposed right-of-way extending east from Bennett Farm Road to Jacob's Creek as well as the remaining portion of Parcel No. 121531Z1 from Jacob's Creek to Griffin Road (Figure 1). The portion of Parcel No. 121531Z1 east of Griffin Road was also surveyed. Habitats within the PSA consist of fallow agricultural fields, farm roads, planted pine stands, and mature bottomland and upland hardwood stands. Opportunistic surveys focused in areas of suitable Schweinitz's sunflower habitat were conducted by Three Oaks staff within the PSA. Species Morphology and Habitat Description Schweinitz's sunflower is a tall (3.25 — 6.5' [9.8']), rhizomatous, perennial plant in the Asteraceae family. Stems are often reddish in color and strigose. Leaves may be arranged in either opposite (proximally) or alternate (distally) orientations along the stem. Leaf petioles are short (0-1 cm), and margins are entire or subentire (revolute). Abaxial leaf surfaces are hirsute to tomentose and gland -dotted, while adaxial surfaces are scabrous. Ray floret corolla lobes are also yellow, while anthers are dark brown to black. Schweinitz's sunflower flowers from late August until first frost. Three Oaks Engineering threeoaksengineering.com 0 Schweinitz's sunflower can be found growing in clayey soils of woodlands, roadsides, rights -of -way, and in areas formerly supporting xeric piedmont oak -pine prairies and savannas. This species is endemic to the Piedmont region of North and South Carolina. Survey Results and Qualifications Schweinitz's sunflower U.S. Fish and Wildlife Service (USFWS) Optimal Survey Window: late August — October (or first ground - level frost) Biological Conclusion: No Effect On October 28, 2022, Three Oaks staff members Mary Frazer (M.E.M.), Nathan Howell, (M.S., PWS), Byron Levan (M.FW.), and Mark Guerard conducted a plant -by -plant survey for Schweinitz's sunflower within the PSA. Marginally suitable habitat for Schweinitz's sunflower was present in areas with moderate disturbance regimes and little -to -no canopy cover. However, Schweinitz's sunflower was not identified during this survey effort. Additionally, no associate species typically co-occurring with Schweinitz's sunflower were identified. A review of the North Carolina Natural Heritage Program (NCNHP) fall 2022 dataset revealed no known Schweinitz's sunflower Element Occurrences (EO) within the PSA, or within one mile, of the PSA. Due to the negative survey results of this survey and the lack of known EO's within one mile of the PSA, the Biological Conclusion rendered for the species is "No Effect". Please let me know if you have any questions or require any additional information. Sincerely, James Mason Senior Environmental Scientist Three Oaks Engineering, Inc. james.masongthreeoaksengineering com Office: (919) 732-1300 Mobile: (704) 604-8358 Three Oaks Engineering threeoaksengineering.com Appendix Figures Three Oaks Engineering threeoaksengineering.com o,�sdf E 0 o m ��, mu a)_ Q T N M N o MLL Cn WNO %C N Oa a U 2 N �y'�h'0331J�ti� N 7 ammo d C a> C r C N 0 LL uz° 0 m o z m a` o 10 o` ill Z � RO RD FJaJP A BEY FPRM Ro r. r :rj a c c � N � o SSOaO 1 r: 1 wi a' • a yryy , �9 I x r _ S af y. yy 3 Y N ,. o � Z m NNETT FARM RD R�nP i `•, o US 220 +a 2 -a ) ra -r PRICE FARM RD .• �U` 8g .. Z . O N � Myb�1 coe�' ,rs sl I I a d . psi 0 Fn chi . yk, 3 w BROOK OO�a � o r VALLEY DR Freshwater Fish Survey Report Proposed Bennett Farms Residential Development in Proximity to Jacobs Creek Rockingham County, North Carolina Jacobs Creek during the survey efforts Prepared For: ESUMMIT 0*VUw++t�t ttb "A&ads Summit Design and Engineering Services Hillsborough, North Carolina Contact Person: Don Sever Summit Design and Engineering Services 320 Executive Court Hillsborough, NC 27278 March 30, 2023 Prepared by: �IMEEf1jH6: 324 Blackwell Street, Suite 1200 Durham, NC 27701 Table of Contents 1.0 Introduction.......................................................................................................................... 1 2.0 Waters Impacted.................................................................................................................. 2 3.0 Target Federally Protected Species Descriptions................................................................ 2 3.1 Roanoke Logperch (Percina rex)...................................................................................... 2 3.1.1 Species Characteristics............................................................................................. 2 3.1.2 Distribution and Habitat Requirements.................................................................... 2 3.1.3 Threats to Species..................................................................................................... 4 4.0 Survey Efforts...................................................................................................................... 6 4.1 Stream Conditions at Time of Survey: Jacobs Creek ....................................................... 6 4.2 Methodology.................................................................................................................... 6 4.2.1 Fish Surveys.............................................................................................................. 6 4.3 Fish Survey Results.......................................................................................................... 7 5.0 Discussion/Conclusions....................................................................................................... 8 6.0 Literature Cited.................................................................................................................... 9 Appendix A. Figures: Figure 1: Project Vicinity & Survey Reach Figure 2: NCNHP Element Occurrences: Roanoke Logperch Appendix B. Select Photographs 1.0 INTRODUCTION Summit Design and Engineering Services has contracted Three Oaks Engineering (Three Oaks) on behalf of Bennett Farms, who is proposing the development of a portion of the Bennett Farm property near the southwestern edge of Rockingham County, NC (Appendix A, Figure 1). The project will impact Jacobs Creek of the Roanoke River Basin. The Federally Endangered Roanoke Logperch (Percina rex, RLP), James Spinymussel (Parvaspina collina, [formerly Pleurobema collina (Perkins et al. 2017)]) and the Federally Threatened Atlantic Pigtoe (Fusconaia masoni) are listed by the U.S. Fish and Wildlife Service (USFWS) under the Endangered Species Act (ESA) for Rockingham County. The Green Floater (Lasmigona subviridis) is being considered for listing by USFWS and is known to occur in Rockingham County. The USFWS Information, Planning, and Consultation (IPaC) system indicates the Roanoke Logperch as the only species that could potentially be affected by activities in this location (USFWS IPaC 2023). Therefore, the Roanoke Logperch will be addressed in this report. Table 1 lists the nearest element occurrence (EO) for the Roanoke Logperch in approximate river miles (RM) from the subject bridge. Data are from the NC Natural Heritage Program database (NCNHP 2022) most recently updated in October 2022. There has been a more recent observation of Roanoke Logperch as part of EO ID 26357 by Three Oaks staff. This record has not been reported in the most resent NCNHP dataset, and this observation was made near the western terminus of the EO near Madison, NC in October 2021 (Appendix A, Figure 2). Table 1. NCNHP Element Occurrences Distance from EO EO crossing First Last EO Species Name ID Waterbody (RNI) Observed Observed Status Figure Dan River, Mayo Roanoke River Big October 26357 14.5 July 2008 C 2 Logperch Beaver 2019** Island Creek * : C — NCNHP Current **: More recent observation by Three Oaks staff individuals in October 2021 As part of the federal permitting process that requires an evaluation of potential project -related effects to federally protected species, Three Oaks Engineering (Three Oaks) was contracted to conduct fish surveys targeting the Roanoke Logperch. Bennett Farm Fish Survey Report March 2023 Job# 21-633 Page 1 2.0 WATERS IMPACTED Jacobs Creek is in the Upper Dan River subbasin (HUC9 03010103) of the Roanoke River Basin and flows approximately 11.3 RM from the downstream edge of the study area boundary before reaching its confluence with the Dan River. 3.0 TARGET FEDERALLY PROTECTED SPECIES DESCRIPTIONS 3.1 Roanoke Logperch (Percina rex) 3.1.1 Species Characteristics The Roanoke Logperch is a large darter with an elongate body up to 165 mm in total length. The snout is conical or pig -like. The caudal fin is slightly emarginated, truncate, or slightly rounded. The body is straw-colored to pale olive dorsally, pale to yellow -olive on the lower side with a white belly; the lateral line is complete. Markings are dark olive to black with green, gold, or blue iridescence on the side of the head and the prepectoral area. There are 8-11 lateral blotches. The first dorsal fin has submarginal yellow or orange bands, while the second dorsal, caudal, and pectoral fins are distinctly tessellated (Terwilliger 1991). The Roanoke Logperch is a benthic feeder; feeding on a variety of immature insects by overturning gravel and small rocks with its snout (Terwilliger 1991). The average life expectancy is five to six years. Spawning occurs in April or May in deep runs over gravel and small cobble. Logperch typically bury their eggs and provide no subsequent parental care (USFWS 2015). 3.1.2 Distribution and Habitat Requirements The Roanoke Logperch can be found in larger streams in the upper Roanoke, Smith, Pigg, Otter, and Nottoway River systems and Goose Creek in Virginia; and in the Dan, Mayo, and Smith River systems and Big Beaver Island Creek in North Carolina. Its upstream range in the Dan and Mayo Rivers is presumably impeded by dams (USFWS 2015). Due to barriers such as dams, there are currently eight discrete populations of Roanoke Logperch. The population in the upper Roanoke River is probably the largest and most important in the species' range (USFWS 2022a). The Roanoke Logperch occupies medium to large warm water streams and rivers of moderate gradient with substrates that have little silt accumulation. In inhabited waterways, fish usually inhabit riffles and runs with silt -free sandy to boulder -strewn bottoms. During different phases of life history and season, every major riverine habitat is exploited by the Logperch. Young are usually found in slow runs and pools with clean sandy bottoms. In winter, Logperch may be more tolerant of silty substrates and may also inhabit pools. Males are associated with shallow Bennett Farm Fish Survey Report March 2023 Job# 21-633 Page 2 riffles during the reproductive period; females are common in deep runs over gravel and small cobble where they spawn (NatureServe 2015, USFWS 1992). The species is usually in low abundance, and populations are small and separated by long segments of river or large impoundments. (Terwilliger 1991). In addition, because the Roanoke Logperch is difficult to catch and has a patchy distribution and low abundance, they are difficult to detect. Extensive and intensive sampling by the Virginia Transportation Research Council confirmed that Roanoke Logperch are difficult to detect even with more sampling effort than typically is applied in general fish surveys (Lahey and Angermeier 2007). It was not until 2007, that individuals of this species were found in the Roanoke River drainage (Smith and Dan Rivers) in Rockingham County, North Carolina (NCWRC 2015). Existing information on the distribution of Roanoke Logperch and habitat suitable for Logperch is scarce and varies in quality. Most previous surveys for Logperch focused on areas near known occurrences and information on habitat suitability has been scarce and inconsistently gathered (Lahey and Angermeier 2007). The present understanding of the Roanoke Logperch range and densities indicates that all populations extend further and are denser than previously assumed when the species was federally listed. Populations in the upper Roanoke and Nottoway Rivers show comparably high densities (Rosenberger and Angermeier 2002 in USFWS 2022a) and high genetic diversity (George and Mayden 2003 in USFWS 2022a). The species appears to be reproducing throughout its range, however, a poor understanding of abundance at the time of listing makes it difficult to determine whether populations are increasing, stable, or declining over the long term (USFWS 2022a). Attempts to use eDNA to gain a better understanding of the distribution of a species have been performed with related Percina species to compare the use of eDNA to traditional survey methods. The Snail Darter (Percina tanasi) is one such species, where biologists collected 83 water samples in the Tennessee River watershed. The study was able to confirm presence in the known localities with 100 percent detection rate and was able to locate the species in several new localities that were not previously detected (Shollenberger, Janosik, and Johnston 2022). The 2022 Roanoke Logperch Species Status Assessment (SSA) reports four metapopulations of the species. Each of these metapopulations are further broken down in Management Units (MUs) that are evaluated by the following factors including: population density, effective population size, habitat quality, and stream segments. Population density is calculated by dividing the total estimated population by the area represented by the MU. Habitat quality is generalized from high to low based on the overall presence of preferred habitat for RLP. Stream segments refers to the number of streams occupied within an MU. These factors are combined to produce an overall resiliency score for each MU, where the higher the value, the more robust the population of a particular MU. Subsequently, this score is considered across all MUs within a metapopulation to evaluate an overall redundancy score for the metapopulation. Each metapopulation is listed below with its constituent management units, and each management unit lists the occupied streams that Roanoke Logperch have been observed in, as well as a habitat score and overall resiliency score. The overall redundancy score is also listed for each Bennett Farm Fish Survey Report March 2023 Job# 21-633 Page 3 metapopulation below (USFWS, 2022b). Note that management units without a confirmed Roanoke Logperch observation are italicized. Roanoke Mountain Metapopulation: (Overall redundancy rating: 49) Upper Roanoke — Roanoke River, South Fork Roanoke River, North Fork Roanoke River, Elliott Creek, Mason Creek, Tinker Creek, Glade Creek, Smith Mountain Lake (High, 7) Roanoke Piedmont Metapopulation: Primary ecoregion: Piedmont (Overall redundancy rating: 24) 2. Blackwater — None (N/A, N/A) 3. Pigg — Pigg River, Big Chestnut Creek, Snow Creek, Leesville Lake (Average, 6) 4. Goose — Goose Creek (Average, 1) 5. Otter — Big Otter River, Little Otter River (Average, 2) 6. Middle Roanoke — Roanoke (Staunton) River (Low, 1) 7. Falling — None (N/A, N/A) Dan Metapopulation: (Overall redundancy rating: 60) 8. Upper Smith — Smith River, Rock Castle Creek, Otter Creek, Runnett Bag Creek (Average, 6) 9. Middle Smith — Smith River, Town Creek (Average, 4) 10. Lower Smith — Smith River (Average, 4) 11. Upper Mayo — None (N/A, N/A) 12. Lower Mayo — Mayo River (Average, 4) 13. Upper Dan — None (N/A, N/A) 14. Middle Dan — Dan River, Cascade Creek, Wolf Island Creek, Big Beaver Island Creek (Average, 5) 15. Lower Dan — None (N/A, N/A) 16. Banister — None (N/A, N/A) Dan Metapopulation: (Overall redundancy rating: 30) 17. Meherrin — None (N/A, N/A) 18. Nottoway — Nottoway River, Stony Creek, Sappony Creek, Waqua Creek, Butterwood Creek (Average, 6) 3.1.3 Threats to Species Roanoke Logperch populations are threatened by dams/barriers and reservoirs, watershed urbanization, agricultural and silvicultural activities contributing to non -point source pollution, Bennett Farm Fish Survey Report March 2023 Job# 21-633 Page 4 stream channelization, roads, toxic spills, woody debris loss, and water withdrawals (USFWS 2015). It appears that massive habitat loss associated with the construction of the large impoundments of the Roanoke River Basin in the 1950s and 1960s (Roanoke Rapids, Gaston, Kerr, Leesville, Smith Mountain, and Philpott Reservoirs) was the original cause of significant population declines of this species. These reservoir systems resulted in major disruptions in the ability of this species to move throughout its historic range. The populations in the Roanoke and Nottoway basins probably represent remnants of much larger populations that once occupied much of the Roanoke and Chowan River drainages upstream of the fall line. All the current populations are small and no genetic exchange occurs among them because they are separated by large impoundments and wide river gaps. Each population is vulnerable due to its relatively low density and limited range. Small Logperch populations could go extinct with minor habitat degradation. Catastrophic events may consist of natural events such as flooding or drought, as well as human influenced events such as toxic spills associated with highways, railroads, or industrial -municipal complexes (USFWS 2015). The best known and largest population, which inhabits the upper Roanoke from the City of Roanoke upstream into the North and South Forks, has been subjected to considerable stress from human impacts in the basin that gets progressively worse moving downstream. Although there are no trend data available, the continued urbanization of the upper Roanoke threatens the existing population density and abundance in this portion of the range of this species (USFWS 2022a). Water withdrawals may pose a serious threat to the species in the future as the human population of the Roanoke River basin increases (USFWS 2015). Non -point sources of pollution negatively impact this species. Large quantities of stormwater drain from streets and lawns, carrying nutrients, oil, metals, and other pollutants into the upper Roanoke (USFWS 1992). Spills of toxic chemicals have occurred in the Roanoke River in Salem and Roanoke, including 11 spills documented in the Roanoke and its tributaries from 1970 through 1991 (USFWS 1992). One of the most destructive spills resulted from the accidental discharge of more than 100,000 gallons of liquid manure into a tributary of the South Fork of the Roanoke River. It is estimated that this spill killed 190,000 fish, including 300 Roanoke Logperch (USFWS 1992). Events such as this could be catastrophic to small, isolated populations. Siltation is a widespread threat to the Roanoke Logperch. Excessive silt deposition reduces habitat heterogeneity and primary productivity; increases egg and larval mortality; abrades organisms; and alters, degrades, and entombs macrobenthic communities (Burkhead and Jenkins 1991, in USFWS 1992). The water quality of the North Fork of the Roanoke River is significantly degraded by silt washed from agricultural lands in the watershed. It is probable that the absence of the species from the upper and middle portions of the North Fork Roanoke is the result of historical habitat degradation. Excessive siltation generated by poor agricultural and logging practices is also a problem in the Nottoway River watershed (USFWS 1992). Bennett Farm Fish Survey Report March 2023 Job# 21-633 Page 5 The impacts from in -stream sand and gravel -mining operations on aquatic environments and riparian habitats are well -documented (Meador and Layher 1998, Kondolf 1997, Starnes and Gasper 1996). These physical and biotic effects can extend far upstream and downstream from the site of extraction (Brown et al. 1998). The recovery time of the stream ecosystem from mining operations can be extensive (>20 years) and total restoration in some cases has been considered improbable (Kanehl and Lyons 1992, Brown et al. 1998). There are a number of active and inactive mining operations in the Dan River subbasin in Stokes and Rockingham counties. Wide forested buffers have been identified as critical in maintaining stream type (Llhardt et al. 2000), water temperature control (Lynch and Corbett 1990), food resources (Palik et al. 2000), and instream habitat (Semlitsch 1998) for aquatic resources. Widespread deforestation in the Dan and Mayo River watersheds may have significant effects on aquatic habitat. 4.0 SURVEY EFFORTS Surveys were conducted by Three Oaks personnel Tim Savidge (Permit 9 21-ES0034), Trevor Hall, and Nathan Howell on November 1, 2022. 4.1 Stream Conditions at Time of Survey: Jacobs Creek The survey reach consisted of a series of primarily riffle, run, and pool habitat. The stream was running clear with moderate flow during the survey. The channel varied throughout the reach, from 15 to 40 feet wide with moderately stable to moderately unstable banks six to eight feet high. The channel substrate was dominated by semi -stable coarse sand, gravel, pebbles, with occasional cobble and boulders in riffle areas. In depositional areas, silt and fine sand was present. Although the majority of the reach had a forested buffer, the condition and width varied highly. On the right descending bank, most of the buffer consisted of mature forest with the exception of a maintained grass field near the downstream extent of the survey area. On the left descending bank, a recent clear cut was present with a thin (15-25 feet) strip of trees. In the downstream half of the survey reach, the left descending bank had a much wider and mature forested buffer, averaging more than 300 ft. 4.2 Methodology 4.2.1 Fish Surveys Electrofishing surveys targeting Roanoke Logperch were conducted from approximately 1,312 feet (400 meters) downstream of the project area to approximately 328 feet (100 meters) upstream for a total distance of approximately 5,900 feet (1800 meters) (Appendix A, Figure 1). Fish surveys were conducted using two Smith Root LR-24 backpack electrofishing units and dip nets in the stream. All habitat types in the survey reach (riffle, run, pool, slack -water, etc.) were sampled, with special attention given to transition areas between habitat types where fish congregate in response to the instream sampling efforts. Relative abundance reported was estimated using the following criteria: Bennett Farm Fish Survey Report March 2023 Job# 21-633 Page 6 ➢ (VA) Very abundant > 30 collected at survey station ➢ (A) Abundant: 16-30 collected at survey station ➢ (C) Common: 6-15 collected at survey station ➢ (U) Uncommon: 3-5 collected at survey station ➢ (R) Rare: 1-2 collected at survey station It should be noted that relative abundances of particular species can be affected by survey methodologies and site conditions. Thus, some species, particularly those that are found in deeper pools and runs and those that can seek cover quickly, may be under -represented at a sample site. 4.3 Fish Survey Results A total of 15 species were located during the survey efforts (Table 2). Total electrofishing time was 2,769 seconds. No Roanoke Logperch individuals were found during the survey. Table 2. Fish survey results in Jacobs Creek survey reach-11/01/2022 Scientific Name Common Name Relative Abundance Catostomus commersonii White Sucker C Chtosomus oreas Mountain Redbelly Dace A Clinostomus unduloides Ros side Dace C Etheostoma abellare Fantail Darter A Etheostoma ni rum Johnny Darter A H entelium ni ricans Northern Ho sucker U H entelium roanokense Roanoke Ho sucker C Le omis macrochirus Blue ill Sunfish U Luxilus cerasinus Crescent Shiner A L thrurus ardens Rosefin Shiner U Nocomis le toce halus Bluehead Chub A Notro is chiliticus Redlip Shiner A Noturus insi nis Margined Madtom C Scartom zon cervinus Black Jum rock C Semotilus atromaculatus Creek Chub A Bennett Farm Fish Survey Report March 2023 Job# 21-633 Page 7 5.0 DISCUSSION/CONCLUSIONS The targeted Roanoke Logperch was not captured or observed during the surveys. The results indicate that the study area supports a relatively diverse fish fauna typical of this portion of the Roanoke River Basin. A review of the PAWS dataset shows that there have been several surveys further downstream on Jacobs Creek, none of which located Roanoke Logperch (PAWS, 2021). Based on these and previous survey results, impacts to Roanoke Logperch are not likely to occur as a result of project construction. The magnitude and severity of these potential effects will need to be quantified and disclosed during the Section 7 Consultation process. Recommended Biological Conclusions on potential impacts from the project on Roanoke Logperch are provided below. The USFWS is the regulating authority for Section 7 Biological Conclusions and as such, it is recommended that they be consulted regarding their concurrence with the finding of this document. Recommended Biological Conclusion Roanoke Logperch: May Affect, Not Likely To Adversely Affect Bennett Farm Fish Survey Report March 2023 Job# 21-633 Page 8 6.0 LITERATURE CITED Brown, A.V., M.M. Lyttle, and K.B. Brown. 1998. Impacts of gravel mining on gravel bed streams. Transactions of the American Fisheries Society 127:979-994. Burkhead, N.M. and R.E. Jenkins. 1991. Fishes. In: Virginia's Endangered Species, proceedings of a symposium. Karen Terwilliger (ed.). McDonal and Woodward Publishing Company, Blacksburg, VA. 672 pp. George, A.L. and R.L. Mayden. 2003. Conservation genetics of four imperiled fishes of the southeast. Final Report to the U.S. Forest Service. Kanehl, P., and J. Lyons. 1992. Impacts of in -stream sand and gravel mining on stream habitat and fish communities, including a survey on the Big Rib River, Marathon County, Wisconsin. Wisconsin Department of Natural Resources Research Report 155, Madison. Kondolf, G.M. 1997. Hungry water: effects of dams and gravel mining on river channels. Environmental Management 21:533-551. Lahey, A.M. and P.L. Angermeier. 2007. Range -wide Assessment of Habitat Suitability for Roanoke Logperch (Percina rex). Virginia Transportation Research Council. http://www.virginiadot.org/vtrc/main/online reports/pdf/07-cr8.pdf Llhardt, B.L., E.S. Verry, and BJ. Palik. 2000. Defining riparian areas. Pages 23-42 in E.S. Verry, J.W. Hornbeck, and C.A. Doloff, eds. Riparian management of forests of the continental eastern United States. Lewis Publishers, Boca Raton, Florida. Lynch, J.A., and E.S. Corbett. 1990. Evaluation of best management practices for controlling nonpoint pollution from silvicultural operations. Water Resources Bulletin, 26(1):41-52. Meador, M.R., and A.O. Layher. 1998. Instream sand and gravel mining: environmental issues and regulatory process in the United States. Fisheries 23(11):6-13. NatureServe. 2015. NatureServe Explorer: An online encyclopedia of life [web application]. North Carolina Natural Heritage Program (NCNHP). 2022. Biotics Database. Division of Land and Water Stewardship. Department of Natural and Cultural Resources, Raleigh, North Carolina. October 2022 version. North Carolina Wildlife Resources Commission (NCWRC) 2015. Roanoke Logperch. https://www.ncwildlife.org/Learning/Species/Fish/Roanoke-Logperch#2521717-detailed- information North Carolina Wildlife Resources Commission (NCWRC). 2021. Portal Access to Wildlife Systems (PAWS) database (Unpublished Aquatics Database). Bennett Farm Fish Survey Report March 2023 Job# 21-633 Page 9 Palik, B.J., J.C. Zasada, and C.W. Hedman. 2000. Ecological principles for riparian silviculture. Pages 233-254 in E.S. Verry, J.W. Hornbeck, and C.A. Doloff, eds. Riparian Management of Forests of the Continental Eastern United States. Lewis Publishers, Boca Raton, Florida. Perkins, M.A., N.A. Johnson, and M.M. Gangloff. 2017. Molecular systematics of the critically -endangered North American spinymussels (Unionidae: Elliptio and Pleurobema) and description of Parvaspina gen. nov. Conservation Genetics (2017). doi :10.1007/s 10592-017-0924-z Rosenberger, AE., Angermeier. PL. 2002 Roanoke Logperch (Percina rex) Population Structure and Habitat Use Final Report. Shollenberger, Janosik, and Johnston. 2022. Detection of the threatened snail darter (Percina tanasi) in the Tennessee River system using environmental DNA. Journal of Fish Biology 102:2, pp. 373-379. Semlitsch, R. D. 1998. Biological delineation of terrestrial buffer zones for pond -breeding salamanders. Conservation Biology 12:1113— 1119. Starnes, L.B., and D.C. Gasper. 1996. Effects of surface mining on aquatic resources in North America. Fisheries 21(5):24-26. Terwilliger, Karen. 1991. Virginia's Endangered Species, pp. 395-397, 785-788. U.S. Fish and Wildlife Service. 1992. Roanoke Logperch (Percina rex) Recovery Plan. Newton Corner, MA. U.S. Fish and Wildlife Service. 2015. Roanoke Logperch. http://www.fws.gov/raleigh/species/es_roanoke_Logperch.html. Accessed June 23, 2016. U.S. Fish and Wildlife Service. 2022a. Roanoke Logperch (Percina rex). 5-Year Review: Summary & Evaluation. Prepared by Virginia Field Office, Gloucester, Virginia. United States Fish and Wildlife Service (USFWS). 2022b. Species Status Assessment Report for the Roanoke Logperch (Percina rex) Version 1.1 United States Fish and Wildlife Service (USFWS). 2023. Information for Planning and Consultation (IPaC). https://ipac.ecosphere.fws.gov/location/LZPSU3333ZHA5LNZS3NLFIGCCE/resources Bennett Farm Fish Survey Report March 2023 Job# 21-633 Page 10 APPENDIX A Figures Bennett Farm Fish Survey Report March 2023 Job# 21-633 Page 11 Prqmred rcr ESUMMIT Aquatic Species Surveys Proposed Bennett Farms Residential Development Project 1 icinity & BLirvey Reach Rockingham County. NC Jaiuiarsfr2023 Sc�c: 4 1S0 3d0 CM Fed Jab No.: 21-633 ar� �-DH 'h TLD Figure � psilRnry ` EO ID # 2635T x � f 11kEf�p�,y�,� plqurUa ram. Usut-IN e U Freshwater 'Fish Survev Proposed Bennett Farms Re sid enta it Development NCNHP Element Occurrences: Roanoke Logperch Rockingham County North Carolina EO ID ## 38089 , k . I SUr,r ey Location NCNHP EO: Roanoke Logperch Roanoke River Basin Streams January 2023 xac..D 0.5 Pies i Job No.. 21-633 Dr. B� D H %D Figure 2 APPENDIX B Select Photographs Bennett Farm Fish Survey Report March 2023 Job# 21-633 Page 14 Photo 1. Margined Madtom Collected in Survey Area Photo 2. Mountain Red Belly Dace Collected in Survey Area Bennett Farm Fish Survey Report March 2023 Job# 21-633 Page 15 0 'i '" � ;'•'`��� '�' � ~ � � � � i Fes, � .. y ,t Photo 5. 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