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HomeMy WebLinkAbout20200776 Ver 1_ATT 5 Threatened & Endangered Species Documentation_REVISED_20200611ATTACHMENT 5 Threatened & Endangered Species Documentation Red -Cockaded Woodpecker and Bald Eagle Survey Report of Findings Lake Gaston Dam Eel Ladder Repair Halifax and Northampton Counties, North Carolina Prepared by: At� — LMG LAND MANAGEMENT GROUP a DAVEY# company 3805 Wrightsville Avenue; Suite 15 Wilmington, NC 28403 910-452-0001 December 2019 Red -Cockaded Woodpecker and Bald Eagle Survey Report of Findings Lake Gaston Dam, Eel Ladder Repair Halifax and Northampton Counties, North Carolina f0f:t 10111r6"r W Between December 2, 2019 and December 4, 2019, staff of Land Management Group (LMG) evaluated the Lake Gaston Dam project area to determine if suitable habitat was present for the federally protected Red -cockaded Woodpecker (Picoides (=Dryobates) borealis) and the Bald Eagle (Haliaeetus leucocephalus). The project area is located adjacent to the dam at Lake Gaston in Halifax and Northampton Counties, NC (Figure 1). This report summarizes the results of that survey effort. DATABASE REVIEW Species with the federal classification of Endangered (E), Threatened (T), or Officially Proposed (P) for such listing are protected under the Endangered Species Act (ESA) of 1973, as amended. Note that the bald eagle continues to be protected by the Bald and Golden Eagle Protection Act even though it has been delisted under the ESA. Additionally, the take of all migratory birds, including bald eagles, is governed by the Migratory Birds Treaty Act's regulations. The Migratory Bird Treaty Act (MBTA) prohibits the taking, killing, possession, transportation, and importation of migratory birds, their eggs, parts, and nests except as authorized under a valid permit. LMG staff reviewed the US Fish and Wildlife Service's Information, Planning, and Consultation (IPaC) system to determine what federally protected species may occur within the project area. According to the database review, the Red -Cockaded Woodpecker (listed as Endangered) was the only federally protected species that had the potential to occur within the area (Appendix A). Furthermore, no critical habitats have been designated within the project area. The database review also noted that two migratory birds, the red-headed woodpecker and the wood thrush, may occur within the site during their breeding season. Although the Bald Eagle was not identified within the IPaC review, it was included in the survey because eagles are known to occur in the general location, and the site includes suitable feeding habitat (Lake Gaston). A search of the North Carolina Natural Heritage Program database was also conducted to identify areas within or around the site that are known to support rare species (both state and federal Lake Gaston Eel Ladder Repair 2 I r a s c Report of Findings — RCW and Bald Eagle Survey listing) and community types (Appendix B). According to their files, no rare species or community types are known to occur within the site. Two historical listings of state -listed species are known to occur within a one -mile radius of the site. The coppery emerald dragonfly (State -listed as Significantly Rare) and Heller's rabbit tobacco (State -listed as Significantly Rare Peripheral) were identified within a one -mile radius of the site. Additionally, a Tar River Land Conservancy Easement and a NC Clean Water Trust Fund Easement are located approximately one mile southeast of the site. SPECIES OVERVIEW Red -Cockaded Woodpecker Red -cockaded Woodpecker habitat includes forests with trees old enough for roosting, generally at least 60-120 years old, depending on species of pine. The most prominent adaptation of RCWs is their use of living pines for cavity excavation. For nesting and roosting habitat, RCWs need open stands of pine containing trees 60 years old and older. RCWs need live, large older pines in which to excavate their cavities. Longleaf pines (Pinus polustris) are preferred, but other species of southern pine are also acceptable. Dense stands (stands that are primarily hardwoods, or that have a dense hardwood understory) are avoided. Foraging habitat is provided in pine and pine hardwood stands 30 years old or older with foraging preference for pine trees 10 inches or larger in diameter. In suitable, moderately stocked, pine habitat, sufficient foraging substrate can be provided on 80 to 125 acres. Roosting cavities are excavated in living pines and usually in those which are infected with a fungus known as red -heart disease. The aggregate of cavity trees is called a cluster and may include 1 to 20 or more cavity trees on 3 to 60 acres. The average cluster is about 10 acres. Bald Eagle Bald Eagles live near rivers, lakes, and marshes where they can find fish, their staple prey. Bald Eagles will also feed on waterfowl, turtles, rabbits, snakes, and other small animals and carrion. Bald Eagles require a sufficient food base, perching areas, and nesting sites. Their habitat includes estuaries, large lakes, reservoirs, rivers, and some seacoasts. In winter, the birds congregate near open water in tall trees for spotting prey and night roosts for sheltering. Eagles mate for life, choosing the tops of large trees to build nests, which they typically use and enlarge each year. Nests may reach 10 feet across and weigh a half ton. They may also have one or more alternate nests within their breeding territory. In treeless regions, they may also nest in cliffs or on the ground. The birds travel great distances but usually return to breeding grounds within 100 miles of the place where they were raised. Bald Eagles may live 15 to 25 years in the wild (or longer in captivity). Breeding Bald Eagles typically lay one to three eggs once a year, and Lake Gaston Eel Ladder Repair 3 1 P a g e Report of Findings — RCW and Bald Eagle Survey they hatch after about 35 days. The young eagles are flying within three months and are on their own about a month later. SURVEY METHODS The Red -Cockaded Woodpecker survey included site evaluations of the project area and accompanying (i.e. adjacent) 0.25-mile radius from the project perimeter (Figure 2). Site surveys were performed in accordance with US Fish and Wildlife (USFWS) guidelines as set forth in the USFWS Red -cockaded Woodpecker Recovery Plan, 2003. Surveys were conducted on foot in the project area. Surveys were conducted visually via use of 8x magnification binoculars and 25-60x variable zoom spotting scope, and naked eye. The Bald Eagle survey included site evaluations of wooded habitat within 660 feet of the project area to document evidence of nests or nesting activities (Figure 2). Surveys were conducted visually via the use of 8x magnification binoculars and 25-60x variable zoom spotting scope (as well as the naked eye). LMG staff performed surveys from the north and south sides of the dam. The surveys were conducted daily beginning on the north side of the dam from a bluff area overlooking the dam and the project area and moving to the south side as the viewing conditions changed due to lighting. OBSERVED CONDITIONS Habitat within the project area consisted of a mix of stand types, ranging from mixed regenerating stands of hardwood and pine with a dense midstory to mature hardwood forest. The hardwood forest located within the interior of the project area contained mostly medium- sized trees. A small area of hardwoods located along the river and lake margin supported a mix of younger and more mature trees. Young pine stands were present on the north side of the dam within the project area but composed less than an acre in area in total. Red -Cockaded Woodpecker Red -cockaded Woodpecker surveys were conducted on foot within 0.25 mile of the project area on the north side of the dam. It was apparent during initial investigations that the site did not harbor suitable habitat as it is dominated by mature hardwood stands and a small stand of densely regenerating pine. No habitat was present within 0.25 mile of the project area on the south side of the dam. Bald Eagle Searches were conducted within 660 feet of the perimeter of the project area to survey for suitable nesting habitat. Clear visibility with minimal heat haze or fog during the survey period allowed for the use of a spotting scope to scan distant trees for signs of nests or nest construction. No nests or nesting activity was observed within the surveyed area. A small number of hardwood Lake Gaston Eel Ladder Repair 4 1 P a g e Report of Findings — RCW and Bald Eagle Survey trees located along the river and lake margin appeared to be of sufficient size to provide suitable nesting habitat. No other suitable nesting habitat was noted within the surveyed area. Throughout the survey period, a total of four eagles were observed. This consisted of one adult, one third -year sub -adult, and two second -year birds. The age of the birds was determined by noting plumage development. On December 2, the first eagle observed was a second -year bird flying low over the dam; it moved off within 30 minutes. An adult and third -year bird were observed south of the dam perched in a large hardwood. These eagles were observed resting for over one hour before the adult flew south and the third -year bird flew north. On December 3, one second year bird was again observed flying low over the dam and did not linger. Instead it continued flying north over Lake Gaston. One possible nest was noted atop a transmission tower that was well outside the survey area (over one mile) to the east. No birds were observed at or near this nest, and it did not appear to be active. No eagles were observed on December 4. 1•11i ►�e137:M11il"I No suitable Red -Cockaded Woodpecker habitat was observed within the surveyed area. Therefore, any tree clearing to be conducted within the site as a result of the project will have no effect on this species. Four Bald Eagles were observed during the survey. These birds appeared to be transient individuals that utilized the dam primarily for resting and perhaps some hunting (though not directly observed). No Bald Eagle nests or nesting activity was observed within the surveyed area. A small number of hardwood trees located along the river and lake margin appeared to provide suitable nesting habitat for the species. While no nesting activities were observed during this survey, the Eagle's nesting season spans from October to May and it is possible that nesting activities could occur this winter or next spring. Lake Gaston Eel Ladder Repair 5 1 P a g e Report of Findings — RCW and Bald Eagle Survey REFERENCES U.S. Fish and Wildlife Service. 2007. National Bald Eagle Management Guidelines. U.S. Fish and Wildlife Service. 2003. Recovery plan for the red -cockaded woodpecker (Picoides borealis): second revision. U.S. Fish and Wildlife Service, Atlanta, GA. 296 pp. Lake Gaston Eel Ladder Repair 6 1 P a g e Report of Findings — RCW and Bald Eagle Survey FIGURES r' VIRCINIA NO RTH CAROL. I 4; - I" enri co f�jwrtiG�+y ? Site My Ic b. Hills Country Club r-� 4e - ... _ Legend Esri, HERE, Garmin, (c) OpenStreetMap contributors, Sources: Esri, HERE, Project Area Garmin, USGS, Intermap, INCREMENT P, NRCan, Esri Japan, METI, Esri China (Hong Kong), Esri Korea, Esri (Thailand), NGCC, © OpenStreetMap contributors, and the GIS User Community L:\WETLANDS\2019 WETLANDS FILES\LMG19.423 --- Lake Gaston\Maps N Boundaries are approximate and not meant to be absolute. 0 0.5 1 mile 2 miles Map Source: 2016 GIS World Imagery Layer Lake Gaston T Halifax and 4LMG Northampton Counties, NC LAND MANAGEMENT GROUP Figure 1. a WWEA. company Vicinity Map December 2019 3805 Wrightsville Avenue LMG 19.423 Wilmington, NC 28403 (910)452-0001 t. S . x 1 M ' 1# S . Y r�. r, h t ti. Legend Project Area RCW 0.25-mile Radius E-s HER+EGaM11, rri, Bald Eagle 660-ft Radius Digit INiob , G oZh , E tt G o ph c , ONES/Airbu 9S, USDA, USES, MIT GRID, IGN, he GIS U e C1111u , L:\WETLANDS\2019 WETLANDS FILES\LMG19.423 --- Lake Gaston\Maps N Boundaries are approximate and not meant to be absolute. 0 500 1 000 2 000 Map Source: 2016 GIS World Imagery Layer Feet Lake Gaston Halifax and tLMG Northampton Counties, NC p Figure 2. LAND MANAGEMENT GROUP a W®IEYk. company Review Area December 2019 3805 Wrightsville Avenue LMG 19.423 Wilmington, NC 28403 (910)452-0001 APPENDIX A. US FISH AND WILDLIFE SERVICE INFORMATION, PLANNING & CONSULTATION REVIEW IPaC Information for Planning and Consultation U.S. Fish & Wildlife Service IPaC resource list This report is an automatically generated list of species and other resources such as critical habitat (collectively referred to as trustresources) under the U.S. Fish and Wildlife Service's (USFWS) jurisdiction that are known or expected to be on or near the project area referenced below. The list may also include trust resources that occur outside of the project area, but that could potentially be directly or indirectly affected by activities in the project area. However, determining the likelihood and extent of effects a project may have on trust resources typically requires gathering additional site -specific (e.g., vegetation/species surveys) and project -specific (e.g., magnitude and timing of proposed activities) information. Below is a summary of the project information you provided and contact information for the USFWS office(s) with jurisdiction in the defined project area. Please read the introduction to each section that follows (Endangered Species, Migratory Birds, USFWS Facilities, and NWI Wetlands) for additional information applicable to the trust resources addressed in that section. Location �, \\e I IN Halifax and Northampton counties, North Carolina GVN✓ Local office Raleigh Ecological Services Field Office (919) 856-4520 JJ3 (919) 856-4556 MAILING ADDRESS Post Office Box 33726 Raleigh, NC 27636-3726 PHYSICAL ADDRESS 551 Pylon Drive, Suite F Raleigh, NC 27606-1487 Endangered species This resource list is for informational purposes only and does not constitute an analysis of project level impacts. The primary information used to generate this list is the known or expected range of each species. Additional areas of influence (AOI) for species are also considered. An AOI includes areas outside of the species range if the species could be indirectly affected by activities in that area (e.g., placing a dam upstream of a fish population, even if that fish does not occur at the dam site, may indirectly impact the species by reducing or eliminating water flow downstream). Because species can move, and site conditions can change, the species on this list are not guaranteed to be found on or near the project area. To fully determine any potential effects to species, additional site -specific and project - specific information is often required. Section 7 of the Endangered Species Act requires Federal agencies to "request of the Secretary information whether any species which is listed or proposed to be listed may be present in the area of such proposed action" for any project that is conducted, permitted, funded, or licensed by any Federal agency. A letter from the local office and a species list which fulfills this requirement can only be obtained by requesting an official species list from either the Regulatory Review section in IPaC (see directions below) or from the local field office directly. For project evaluations that require USFWS concurrence/review, please return to the IPaC website and request an official species list by doing the following: 1. Draw the project location and click CONTINUE. 2. Click DEFINE PROJECT. 3. Log in (if directed to do so). 4, Provide a name and description for your project. 5. Click REQUEST SPECIES LIST. Listed species land their critical habitats are managed by the Ecological Services Program of the U.S. Fish and Wildlife Service (USFWS) and the fisheries division of the National Oceanic and Atmospheric Administration (NOAA Fisheriesz). Species and critical habitats under the sole responsibility of INOAA Fisheries are not shown on this list. Please contact NOAA Fisheries for species under their jurisdiction. 1. Species listed under the Endangered Species Act are threatened or endangered; IPaC also shows species that are candidates, or proposed, for listing. See the listing status page for more information. 2. 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. The following species are potentially affected by activities in this location: Birds NAME STATUS Red -cockaded Woodpecker Picoides borealis Endangered No critical habitat has been designated for this species. https://ecos.fws.gov/ecp/species/7614 Critical habitats Potential effects to critical habitat(s) in this location must be analyzed along with the endangered species themselves. THERE ARE NO CRITICAL HABITATS AT THIS LOCATION. Migratory birds Certain birds are protected under the Migratory Bird Treaty Act ? and the Bald and Golden Eagle Protection Act-'. ".1 \ 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. Additional information can be found using the following links: • Birds of Conservation Concern httl2://www.fws.gov/girds/management/managed-species/ birds-of-conservation-concern.pho • Measures for avoiding and minimizing impacts to birds http://www. fw5..gov/birds/management/ p ro iect-assessment-too Is -and -guidance/ conservation-measures.php • Nationwide conservation measures for birds 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 BREEDING SEASON (IFA BREEDING SEASON IS INDICATED FORA BIRD ON YOUR LIST, THE BIRD MAY BREED IN YOUR PROIECT AREA SOMETIME WITHIN THE TIMEFRAME SPECIFIED, -- - .. - -- - - - WHICH IS A VERY LIBERAL, .................................................................. ESTIMATE OF THE DATES INSIDE ................................................................... .............. WHICH THE FDIiR�D BREEDS ACROSS .. ........................ ITS EN NDE. "BREEDS .. -.... ELF HE ❑ICATES THAT THE ....................................................................................... BIRD E NOT LIKELY BREED IN YOUR PROJECT AREA.) Red-headed Woodpecker Melanerpes erythrocephalUS Breeds May 10 to Sep 10 This is a Bird of Conservation Concern (BCC) throughout its rang n the continental USA and Alaska. Wood Thrush Hylocichla mustelina Breeds May 10 to Aug 31 This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska. 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 andlor 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 migratory birds potentially occurring in my specified location? The Migratory Bird Resource List is comprised of USFWS Birds of Conservation Concern (BCC) 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 AKN Phenology 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, migrating or present year-round in my project 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 refer to the following resources: The Cornell Lab of Ornitholg& All About Birds_Bird_Guide, or (If you are unsuccessful in locating the bird of interest there), the Cornell Lab of Ornithology Neotropica! Birds guide. 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 t � 3. "Non -BCC - Vulnerable" birds are not BCC species in your project area, but appear on your list either because of the Eaele Art 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 Loring. 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. Facilities National Wildlife Refuge lands Any activity proposed on lands managed by the Nati nal Wildlife Refuge system must undergo a 'Compatibility Determination' conducted by the Refuge. Please contact the individual Refuges to discuss any questions or concerns. THERE ARE N❑ REFUGE LANDS AT THIS LOCATION. V4VN1— Fish hatcheries THERE ARE NO FISH HATCHERIES AT THIS LOCATION. Wetlands in the National Wetlands Inventory Impacts to NWI wetlands and other aquatic habitats may be subject to regulation under Section 404 of the Clean Water Act, or other State/Federal statutes. For more information please contact the Regulatory Program of the local U.S. Army Corps of Engineers District. Please note that the NWI data being shown may be out of date. We are currently working to update our NWI data set. We recommend you verify these results with a site visit to determine the actual extent of wetlands on site. This location overlaps the following wetlands: FRESHWATER FORESTED/SHRUB WETLAND PF01/4A PSS1 Ch LAKE L1 UBHh RIVERINE RSUBH A full description for each wetland code can be found at the National Wetlands Inventory website Data limitations The Service's objective of mapping wetlands and deepwater habitats is to produce reconnaissance level information on the location, type and size of these resources. The maps are prepared from the analysis of high altitude imagery. Wetlands are identified based on vegetation, visible hydrology and geography. A margin of error is inherent in the use of imagery; thus, detailed on -the -ground inspection of any particular site may result in revision of the wetland boundaries or classification established through image analysis. The accuracy of image interpretation depends on the quality of the imagery, the experience of the image analysts, the amount and quality of the collateral data and the amount of ground truth verification work conducted. Metadata should be consulted to determine the date of the source imagery used and any mapping problems. Wetlands or other mapped features may have changed since the date of the imagery or field work. There may be occasional differences in polygon boundaries or classifications between the information depicted on the map and the actual conditions on site. Data exclusions Certain wetland habitats are excluded from the National mapping program because of the limitations of aerial imagery as the primary data source used to detect wetlands. These habitats include seagrasses or submerged aquatic vegetation that are found in the intertidal and subtidal zones of estuaries and nearshore coastal waters. Some deepwater reef communities (coral or tuberficid worm reefs) have also been excluded from the inventory. These habitats, because of their depth, go undetected by aerial imagery. Data precautions Federal, state, and local regulatory agencies with jurisdiction over wetlands may define and describe wetlands in a different manner than that used in this inventory. There is no attempt, in either the design or products of this inventory, to define the limits of proprietary jurisdiction of any Federal, state, or local government or to establish the geographical scope of the regulatory programs of government agencies. Persons intending to engage in activities involving modifications within or adjacent to wetland areas should seek the advice of appropriate federal, state, or local agencies concerning specified agency regulatory programs and proprietary jurisdictions that may affect such activities. APPENDIX B. NC NATURAL HERITAGE PROGRAM DATABASE REVIEW a ■■N Roy Cooper. Governor 00 i NC DEPARTMENT OF Susi Hamilton, Secretary notan NATUPAL AND CULTURAL RESOURCES E sow Walter Clark, Director, Land and Water Stewardship NCNHDE-10042 August 16, 2019 Kim Williams Land Management Group, Inc. 3805 Wrightsville Avenue; Suite 15 Wilmington, NC 28403 RE. Lake Gaston Dear Kim Williams. 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: https://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, Clean Water Management Trust 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 rodnev.butlerWncdcr.aov or 919-707-8603. Sincerely, NC Natural Heritage Program DEPARTMENT OF NATURAL AND CULTURAL RESOURCES 1:1 W. JONES STREET, PALE01_ P<_ 27603 - 16S1 MAIL SERVICE CENTER. RALEiGH. NC 276" OFC !J19 707.9120 • FAX 919.707.4121 Natural Heritage Element Occurrences, Natural Areas, and Managed Areas Within a One -mile Radius of the Project Area Lake Gaston August 16, 2019 NCNHDE-10042 Element Occurrences Documented Within a One -mile Radius of the Project Area Taxonomic EO ID Scientific Name Common NameADate Last � Element Accuracy Federal State Global State Group servation Occurrence Status tatus Rank Rank t + ' Rank Dragonfly or 33763 Somatochlora Coppery Emerald 2004-Pre H? 5-Very --- Significantly G3G4 S2? Damselfly georgiana Low Rare Vascular Plant 5399 Pseudognaphalium Heller's Rabbit- 1956-10-06 H 4-Low --- Significantly G4G5T S3 helleri Tobacco Rare 3T4 Peripheral No Natural Areas are Documented Within a One -mile Radius of the Project Area Managed Areas Documented Within a One -mile Radius of the Project Area Managed Area Nam Own Owner Type Tar River Land Conservancy Easement Tar River Land Conservancy Private NC Clean Water Management Trust Fund Easement NC DNCR, Clean Water Management Trust State Fund Definitions and an explanation of status designations and codes can be found at httr)s://ncnhde.natureserve.ora/content/heir). Data query generated on August 16, 2019; source: NCNHP, Q3 Jul 2019. Please resubmit your information request if more than one year elapses before project initiation as new information is continually added to the NCNHP database. Page 2 of 3 NCNHDE-10042: Lake Casten r� o� d �f 4 P n i7 n5+ - m sr. r a hAyrlck Hllk vuntry Cluh ' c 4 c Y x E JfL l S August 16, 2019 ❑ Project Boundary ❑ Buffered Project Boundary FLI Managed Area (NIAREA) 1:35,276 0 0.3 06 1.2 mi 0 05 1 2 km $vurras: Esr9, HERE, Garrrrn. Inlan p, inua nl P Carp GERCO, USGS. FAG, NpS, N'RCAN, Gep9ase" IG N. Kadas[er NL, Ordnance Surrey, W Japan, MET;, Cui I':hina (Hong Kong), (c) apen5lreeWap Qootr6ulprs, and the GI$ dear Ca Wiry Page 3 of 3 APPENDIX C. SITE PHOTOS Powerline on North Side of Dam Young Pine Stand North of Dam View of Lake Gaston from North Side of Dam Two Bald Eagles Observed on North Side of Dam View of Area South of Dam View of Area South of Dam and Surrounding Hardwoods AERIAL SURVEYS OF LAKE GASTON AND ROANOKE RAPIDS LAKE FOR NESTING BALD EAGLES: 2019 SEASON Barton J. Paxton Center for Conservation Biology College of William and Mary Virginia Commonwealth University Williamsburg, VA 23187-8795 Recommended Citation: Paxton, B. J. 2019. Aerial surveys of Lake Gaston and Roanoke Rapids Lake for nesting bald eagles: 2019 season. Center for Conservation Biology Technical Report Series, CCBTR- 19-07. College of William and Mary/Virginia Commonwealth University, Williamsburg, VA. 32 pp. Project Partners: Dominion The Center for Conservation Biology The Center for Conservation Biology is an organization dedicated to discovering innovative solutions to environmental problems that are both scientifically sound and practical within today's social context. Our philosophy has been to use a general systems approach to locate critical information needs and to plot a deliberate course of action to reach what we believe are essential information endpoints. BACKGROUND Context The United States Fish and Wildlife Service (FWS) originally listed the Bald Eagle as federally endangered on 11 March 1967 under The Endangered Species Protection Act of 1966 (16 U.S.C. 668aa-668cc) and subsequently under The Endangered Species Act of 1973 (16 U.S.C. 1531 et seq). The primary reason cited for the original listing was broad -scale population declines linked to dichloro-dephenyl-trichloroethane (DDT) and associated reproductive failure. On December 31, 1972, DDT was banned from use in the United States. Since the ban on DDT and formal listing under The Endangered Species Act, Bald Eagle populations have increased dramatically across much of the lower 48 states. During a periodic population review, the FWS determined that specific reclassification goals had been reached as outlined in regional recovery plans. On 12 July, 1994, the FWS published the proposed rule to reclassify the Bald Eagle from endangered to threatened in most of the lower 48 states (59 FR 35584). This proposal was followed on 12 July 1995 by the formal downlisting of most Bald Eagle populations (60 FR 36000). In the lower 48 states Bald Eagles have increased from an estimated low in 1963 of 417 pairs (Sprunt 1963) to an estimated 5,748 pairs by 1998 (Millar 1999). On 6 July, 1999, the FWS published an Advance Notice of Intent to remove the Bald Eagle from the list of endangered and threatened wildlife (64 FR 36453). On 16 February, 2006 the U.S. Fish and Wildlife Service published a second Advance Notice of Intent to remove the Bald Eagle from the list of endangered and threatened wildlife (71 FR 8238). On 28 June, 2007 the Bald Eagle was formally removed from the list of endangered and threatened species. Since delisting The Bald and Golden Eagle Protection Act (BGEPA) (16 U.S.C. 668-668d) has become the lead federal legislation protecting the Bald Eagle population. As interpreted in the Notice (71 FR 8238) and the subsequent definition of terms (71 FR 8265) protection of Bald Eagles and their habitats under the BGEPA will be very similar to that provided under the ESA. The national management guidelines presented along with the Notice follow very closely the guidelines that have been used to manage eagles since the 1970s including the use of spatial buffers and activity restrictions to comply with the definition of "disturb". The Bald Eagle continues to be listed as Threatened in Virginia under Virginia's Endangered Species Act (§29.1-563 - §29.1- 570). Bald Eagles in Virginia have experienced a dramatic recovery from a low of 33 breeding pairs in the 1970s to 726 pairs in 2011 (Watts and Byrd 2011) consistent with the broader Chesapeake Bay (Watts et al. 2008). Recovery within the state includes (1) an increase in the number of breeding territories, (2) an increase in reproductive rate, and (3) an expansion in geographic distribution. Nesting Bald Eagles now occur on most inland reservoirs of notable size. A similar pattern has been observed in inland portions of North Carolina (Watts 2008). Objectives Objectives for conducting an eagle survey on Dominion lands are: 1) to document the status, distribution, and success of nesting pairs in association with Project reservoirs; 2) to provide updated information to pertinent parties; and 3) to increase our understanding of Bald Eagle natural history in interior regions of Virginia and North Carolina. Results of the survey are intended to support the information needs of Dominion required by the Roanoke Rapids and Gaston FERC License. METHODS Study Area The survey area included the Roanoke River drainage between the John H. Kerr Dam and the Interstate 95 Bridge, below Roanoke Rapids, North Carolina. The focal water body included Lake Gaston, Roanoke Rapids Lake and their immediate tributaries. Bald Eagle Survey A standard 2-survey approach was used to evaluate bald eagle use of the study area (Fraser et al. 1983). These included a systematic nest survey and a productivity survey. Nest Survey - All forested components of the Lake Gaston and Roanoke Rapids Lake reservoir system were surveyed for evidence of nesting Bald Eagles. The survey covered all shoreline of the reservoir system and their intermediate tributaries, from the John H. Kerr Dam to the interstate 95 bridge, below Roanoke Rapids, NC. A high -wing Cessna 172 aircraft was used to systematically overfly the land surface at an altitude of approximately 100 m to detect eagle nests. Flights systematically moved between the shoreline and a distance of approximately 1 km inland, to cover the most probable breeding locations. All nests detected were plotted on recent aerial imagery layers on GPS enabled tablet computers and given a unique alpha- numeric code. Each nest was examined to determine its structural condition, the type and condition of nest tree, and the condition of the surrounding landscape. The nest survey was conducted on 19 March 2019. Productivity Survey - Following the nest survey, all active Bald Eagle nests were rechecked on 2 May 2019 for productivity. A Cessna 172 aircraft was used to fly low over nests, allowing observers to examine nest contents. All eaglets were counted and aged by sight. SURVEY FINDINGS Bald Eagles Seven territories were observed to be active on Lake Gaston, three active territories were found on Roanoke Rapids Lake, and two active territories were associated with the tail waters of Roanoke Rapids Lake during 2019 surveys (Figure 1, Appendix 1). Two inactive territories were located where older inactive nests were present (ME-19-01 and ME-19-02) but no new active nests were observed in the general vicinity of the older nests. The twelve active territories located during the 2019 survey represent a 20% increase over the ten territories located during the last survey in 2014. ME-14.01 2019 Gaston/Roanoke Rapid Bald Eagle Nests MEi 19.01 ME-14-04 M E-11-03 B WA-17-01 R-14-01 ME-19-02 ME-14-03 ME-14-02 WA-09-01 `WA-09-03 NO.19-03 HA-14-01 HA-17-01 HA-14-02 N A 2019 Eagle Nest Status Absent Active Kilometers Inactive 0 5 10 20 ;z'3 T fr R Bpi A-14-04 NO-14 01 10 NO.19-01 NO-1IO2 Sources: Esri, HERE, Garmin, Intermap, increment P Corp., GEBCO, USGS, FAO, NPS, NRCAN, Geo Base, IGN, Kadaster NL, Ordnance Survey, Esri Japan, METI, Esri China (Hong Kong), (c) Op enStreetMap contributors, and the GIS User Community Figure 1. Overview of Bald Eagle nests observed during the 2019 survey. 2019 NEST OBSERVATIONS Nest: ME-19-01 Nest Code County State Active Territory Active Nest Chicks Produced M E-119-01 Mecklenburg Virginia N N - Nest Location This nest was located in a pine tree on the north shore of Buggs Island, approximately 1.2 kilometers downstream of the John H. Kerr Dam. The nest is likely visible from the water. Nesting Activity Bird Activity— No eagles were observed associated with the nest during either the 19 March and 5 May 2019 flights, Nest Condition — The nest was poor condition, with large sticks falling out. It had not been maintained during the 2018/2019 breeding season. Nest Substrate Substrate Type — The nest was in a loblolly pine tree in a hardwood forest with scattered pines. Nest Position — The nest was positioned on multiple branches off of the side of the main trunk. Substrate Condition — Nest tree appeared to be in good health Potential Disturbance This nest is likely visible from the water and could be accessed by boaters. ld Maps and Images of ME-19-01 Nest: ME-14-01 Nest Code County State Active Territory Active Nest Chicks Produced M E-14-01 Mecklenburg Virginia Y Y 2 Nest Location This nest was located in a pine tree near the top of a ridge, along the south shoreline of Lake Gaston, approximately 3.3 kilometers below John H. Kerr Dam. The nest is not easily visible from the water. Nesting Activity Bird Activity— On 19 March 2019 an adult was attending 2 small chicks, approximately 3 weeks old. On 2 May 2019, 2 chicks, approximately 8 weeks old, were present in the nest. Nest Condition — The nest was in good structural condition. Nest Substrate Substrate Type — The nest was in a loblolly pine tree in a mixed pine/hardwood forest. Nest Position — The nest was positioned on multiple branches off of the side of the main trunk. Substrate Condition — Nest tree appeared to be in good health Potential Disturbance This nest is not easily visible from the water with no roads or major trails within immediate vicinity. Disturbance it most likely not an issue at this nest site. ME-14.01 T (` AS T ME-56-01 l E IL • �.� - • �' � 4 1 :I,..:�r .:ply r + A^ r-�e^.irs Rleicrs '. 250 San 1 a J 250 500 41 OW — Maps ME-14-01 9 N Image of ME-14-01 Nest: ME-14-04 Nest Code County State Active Territory Active Nest Chicks Produced M E-14-04 Mecklenburg Virginia Y Y 1 Nest Location This nest was located in a pine tree in a pasture near a pond on the northern shoreline of Lake Gaston, approximately 4.8 kilometers below John H. Kerr Dam, and 0.8 kilometers inland. The nest is not visible from the water but highly visible if you are near the nest. Nesting Activity Bird Activity— On 19 March 2019, 1 chick, approximately 4 weeks old, was present in the nest with an adult. On 2 May 2019, a large chick, approximately 11 weeks old was observed perched on a branch in the nest tree Nest Condition — The nest was in good structural condition. Nest Substrate Substrate Type — This nest was located in a pine tree in a pasture near a pond on the northern shoreline of Lake Gaston. Nest Position — The nest was positioned in the terminal crotch of the pine tree. Substrate Condition — Nest tree appeared to be in good health. Potential Disturbance This nest is not visible from the water but highly visible if one is near the nest. Disturbance would be likely with any recreational or agricultural activities in the pasture or on the pond near the nest. Maps of ME-14-04 Nest: M E-19-02, M E-14-02 and M E-14-03 Nest Code County State Active Territory Active Nest Chicks Produced M E-19-02 Mecklenburg Virginia N N - M E-14-02 Mecklenburg Virginia N N - M E-14-03 Mecklenburg Virginia N N - Nesting Activity Bird Activity— No eagle activity was observed was observed at nest ME-19-02 during either flight. Nest Condition — ME-19-02 was in good structural condition but had not been worked on during the 2018/2019 breeding season. ME-14-02 was found to be a remnant nest, with only a few sticks left during the 19 March 2019 flight. This nest was not relocated during the 2 May 2019 flight. Nest ME-14-03 was found to be absent on the 19 March 2019 flight. H*. 01 -Mllpp� Image of ME-14-04 Nest Substrate Substrate Type — ME-19-02 is in a hardwood tree on the south shoreline of Lake Gaston, approximately 0.4 kilometers below the mouth of Cotton Creek. ME-14-02 was formerly located in a loblolly pine tree in a mixed pine/hardwood forest. ME-14-03 was formerly located in a hardwood on the immediate shoreline of Lake Gaston. Nest Position — ME-19-02 is located in a fork of hardwood tree trunk. ME-14-02 was formerly positioned on multiple branches off of the side of the main trunk. ME-14-03 was formerly positioned in the terminal crotch of the hardwood. Substrate Condition — All nest trees appeared to be in good health Potential Disturbance Nest ME-19-02 is possibly visible from the water during leaf off. However the lack of a shoreline beach and the slope to the nest would likely prevent disturbance from the water. 9 Image of ME-14-04 Nest Substrate Substrate Type — ME-19-02 is in a hardwood tree on the south shoreline of Lake Gaston, approximately 0.4 kilometers below the mouth of Cotton Creek. ME-14-02 was formerly located in a loblolly pine tree in a mixed pine/hardwood forest. ME-14-03 was formerly located in a hardwood on the immediate shoreline of Lake Gaston. Nest Position — ME-19-02 is located in a fork of hardwood tree trunk. ME-14-02 was formerly positioned on multiple branches off of the side of the main trunk. ME-14-03 was formerly positioned in the terminal crotch of the hardwood. Substrate Condition — All nest trees appeared to be in good health Potential Disturbance Nest ME-19-02 is possibly visible from the water during leaf off. However the lack of a shoreline beach and the slope to the nest would likely prevent disturbance from the water. 9 Maps of ME-19-02, ME-14-02 and ME14-03 Nest: M E-11-03 Nest Code County State Active Territory Active Nest Chicks Produced M E-11-03 Mecklenburg Virginia Y Y 3 Nest Location This nest was located in one of a few remaining super canopy hardwood trees, along a drainage, in an older clear cut. The nest is located approximately 1.0 km inland of the south shoreline of Lake Gaston, approximately 1.0 kilometers above the interstate 85 bridge. Nesting Activity Bird Activity— On 19 March 2019, an adult was brooding smaller chicks. On 2 May 2019, 3 chicks, approximately 8 weeks old, were present in the nest. Nest Condition — The nest was in good structural condition. Nest Substrate Substrate Type — The nest was in a super canopy hardwood tree in an 8 year old clear cut. Nest Position — The nest was positioned it the terminal crotch of the hardwood. Substrate Condition — The tree, while still alive, had multiple dead branches and did not appear to be in good health. Potential Disturbance This nest is not visible from the water but is visible from route 711 (Hardage Road) with no roads or major trails within immediate vicinity. Disturbance it not likely except for some 10 ranching/agriculture activity on nearby pastures. 47 Maps and Images of ME-11-03 11 Nest: WA-17-01 and WA-09-01 Nest Code County State Active Territory Active Nest Chicks Produced WA-17-01 Warren North Carolina Y Y 2 WA-09-01 Warren North Carolina Y N - Nest Location Nest WA-17-01 is located in a pine tree on the eastern shore of Hawtree Creek, approximately 1.8 kilometers upstream from the mouth, and 0.3 kilometers upstream from the 1307/712 (Peete Farm Road) bridge. The nest is not visible from the Lake Gaston but easily visible from Hawtree Creek or the Peete Farm Road Bridge. The old nest, WA-09-01, which was located approximately 100 meters south of the current nest is now absent. Nesting Activity Bird Activity— On 19 March 2019, an adult was observed brooding small chicks. On 2 May 2019, 2 chicks approximately 7 weeks old were observed in the nest. Nest Condition — The nest was in good structural condition. Nest Substrate Substrate Type — The nest was in a loblolly pine tree in a sparse mixed pine/hardwood forest. trunk. Nest Position — The nest was positioned on multiple branches off of the side of the main Substrate Condition — Nest tree appeared to be in good health Potential Disturbance This nest is visible from Hawtree Creek or the Peete Farm Road Bridge. Disturbance is not likely, unless boats are anchored in Hawtree creek near the nest. The nest is set back approximately 75 to 100 meters off of the shore line so boat traffic would most likely not be an issue at this nest site. 12 W AR14 F_% N-09-01 P. Maps and Images of WA-17-01 and WA-09-01 Ail 13 Nest: BR-14-01 Nest Code County State Active Territory Active Nest Chicks Produced BR-14-01 J Brunswick I Virginia Y Y 2 Nest Location This nest was located in a pine tree on the northern shore of Lake Gaston, about equidistant from the shore line and Route 612 (Morristown Road). The nest is not likely visible from the Lake Gaston or Morristown Road. Nesting Activity Bird Activity— On 19 March 2019 an adult was brooding small chicks. On 5 May 2019, 2 chicks, approximately 7 weeks old, were present in the nest. Nest Condition — The nest was in good structural condition. Nest Substrate Substrate Type — The nest was in a loblolly pine tree in a primarily pine forest. Nest Position — The nest was positioned in the terminal crotch of the pine. Substrate Condition — Nest tree appeared to be in good health Potential Disturbance This nest is not likely visible from the Lake Gaston or Morristown Road. Disturbance is not likely at this nest site. !ine r.,nv Maps of BR-14-01 �r � � zsa soo i.vuo 14 Image of BR-14-01 Nest: WA-09-03 Nest Code County State Active Territory Active Nest Chicks Produced WA-09-03 Warren North Carolina Y Y 1 Nest Location This nest was located along the south shoreline of Lake Gaston, on a point of land north of the crossroads of Five Forks and northwest of Lyons Creek. The point of land is elevated approximately 50 feet above the lake surface. The nest is in a small block of older loblolly pines next to a newer network of roads and house sites. Nesting Activity Bird Activity— On 19 March 2019, the nest appeared to have fresh lining and in recent use. However, no adults or young were observed. On 2 May 2019 a single chick, approximately 9 weeks old, was observed in the nest. This chick was hidden and not observed on the first flight. Nest Condition — The nest is damaged and partially falling out of the tree. 15 Nest Substrate Substrate Type — The nest was in a loblolly pine tree that was on the edge of an older block of pines and a regenerating pine stand. The tree had good access for the birds from the south. Nest Position — The nest was positioned in a multi -pronged top crotch with approximately 50% sky exposure. Substrate Condition — Nest tree appeared to be in good health. Potential Disturbance The following statement about potential disturbance is from the 2009 survey report "This nest site is visible from a dirt road and a cleared area to the north. The nest appears to be easily accessible from the clearing. It should be noted that there has been considerable recent changes in land use within the management buffer of this nest site. Human activity appears to include land clearing, road construction, house construction, and fence construction. The dump being used for cleared stumps and vegetation debris is in very close proximity to this nest. A ground visit to examine ongoing sources of disturbance may be warranted." (Watts 2009). Additional clearing near this nest has occurred within recent years. This pair seems like it may be habituated to some disturbance. . +aY ti�tYlCa: + 2 WA•08.03 i-:mil i; J,r `` . 1 WA.(]9-05 ^`�, `-,1'i= xss-'� ' - '"li} i '�,\-'t•:`�'`;R-tom}' �..i • A a z� 500 , o00 " -- - ' , �°.• _ - � �� a zso soo 'ono " Maps of WA-09-03 16 Image of WA-09-03 Nest: HA-14-01 Nest Code County State Active Territory Active Nest Chicks Produced HA-14-01 Halifax North Carolina Y Y 0 Nest Location This nest is located in a pine on a point of land on the southern shore of Lake Gaston. The nest tree is within a strip of mature trees between a 10 year old clear cut and Heather Glenn Drive. The nest is not likely visible from Heather Glenn Drive. This nest is likely within the territory of the old nest HA-09-01which is now absent. Nesting Activity Bird Activity— On 19 March 2019, an adult was observed brooding small chicks. On 2 May 2019, the nest was observed to have sustained damage with much of the nest falling from the tree. No adults or chicks were observed with the nest during the second flight. Nest Condition — The nest was in good structural condition on the first flight but had partially collapsed, with half the nest falling out of the tree by 2 May 2019. 17 Nest Substrate Substrate Type — The nest was in a loblolly pine tree within a strip of mature trees between a 10 year old clear cut and Heather Glenn Drive. Nest Position — The nest was positioned in the sub -terminal crotch of the pine. Substrate Condition — Nest tree appeared to be in good health Potential Disturbance The nest is not likely visible from Heather Glenn Drive. Disturbance is not likely unless development occurs along Heather Glenn Drive and/or Rockcrest Lane. M Maps of HA-14-01 Nest: HA-14-02 Nest Code County State Active Territory Active Nest Chicks Produced HA-14-02 Halifax North Carolina N N - Nest Location This now absent nest was located along the south shoreline of Roanoke Rapids Lake, 0.6 kilometers below the upper dam. The nest was situated on the bluff overlooking the lake just east of the powerline right of way. The nest was likely visible from the Roanoke Rapids Lake. Nesting Activity Bird Activity— No bird activity observed. Nest Condition — Now absent M. Image (from 2014) of HA-14-01 Nest Substrate Substrate Type — The nest was in a loblolly pine tree overlooking Roanoke Rapids Lake at the edge of a powerline right of way. Nest Position — The nest was positioned in the sub -terminal crotch of the pine. Substrate Condition — Nest tree appeared to be in good health Potential Disturbance This now absent nest was probably not that susceptible to disturbance by boat traffic since it was positioned high on the bluff. 19 _ F eyr�Ast' � ''"1� "eau n.r �._�.r.r.._"—.._. ---- - ---- ' -- • }---._.�� _. HA-14-02 �s r �q r� - , 4� 1 v, • f , J �M is ; ., • .A Maps and Image (from 2014) of HA-14-02 ►c7 Nest: NO-19-03 Nest Code County State Active Territory Active Nest Chicks Produced NO-19-03 J Northampton North Carolina Y Y 0 Nest Location This new nest is located in a hardwood in the wetlands on the north shore of the Roanoke Rapid Lake, approximately 1.0 kilometers downstream from the Gaston dam. Nesting Activity Bird Activity— On 19 March 2019 an adult was observed incubating on the nest. On 2 May 2019 the nest was observed to be empty with no sigh of adults, chicks, or eggs. Nest Condition — The nest is in good condition. Nest Substrate Substrate Type — The nest is in a hardwood tree within a wetland. Nest Position — The nest is positioned in the terminal crotch of a hardwood tree. Substrate Condition — Nest tree appeared to be in good health Potential Disturbance The nest is not likelv visible from the water or anv road. Disturbance is not likely. F . Wilx�ns y tli N Meters I 0 350 700 1,400 Maps of NO-19-03 21 Image of NO-19-03 Nest: HA-14-03 Nest Code County State Active Territory Active Nest Chicks Produced HA-14-03 Halifax North Carolina Y Y 3 Nest Location This nest was located in a pine within a strip of mature trees left along a drainage in a 9 year old clear cut. The nest location is approximately 1.9 kilometers inland of the southern shore of Roanoke Rapids Lake. Nesting Activity Bird Activity— On 19 March 2019, small chicks were being brooded by an adult. On 2 May 2019, 3 chicks, approximately 7 weeks old, were present in the nest. Nest Condition — The nest was in good structural condition. Nest Substrate Substrate Type — The nest was in a loblolly pine tree within a strip of mature trees along a drainage in a 9 year old clear cut. Nest Position — The nest was positioned in the terminal crotch of the pine. 22 Substrate Condition — Nest tree appeared to be in good health Potential Disturbance The nest is not visible from the water or any road. Disturbance is not likely. Maps of HA-14-03 Nest: HA-17-01 Nest Code County State Active Territory Active Nest Chicks Produced HA-17-01 Halifax North Carolina Y Y 2 Nest Location This nest is located in an uncut pine within a recent clear cut just south, and near the edge, of the line 90 right of way. Nesting Activity Bird Activity— On 19 March 2019, small chicks were being brooded by an adult. On 2 May 2019, 2 chicks, approximately 7 weeks old, were observed in the nest. Nest Condition — The nest was in good structural condition. Nest Substrate Substrate Type — The nest was in a loblolly pine tree within a recent clear cut just south, and near the edge, of the line 90 right of way. Nest Position — The nest was positioned on multiple branches off of the side of the main trunk. Substrate Condition — Nest tree appeared to be in good health 23 Image of HA-14-03 Potential Disturbance The nest is visible from right of way. Frequent travel and/or work along the right of way may cause disturbance. Nest: HA-14-04 Nest Code County State Active Territory Active Nest Chicks Produced HA-14-04 Halifax North Carolina N N - Nest Location This now absent nest was located in a pine along a small tributary on the southern shore of Roanoke Rapids Lake, just south of a power line right of way. The nest was approximately 5 kilometer above the lower dam. This nest was likely the same territory of the now absent nest HA-09-02. Nesting Activity Bird Activity— No eagle activity observed. Nest Condition — Absent. 0 Vf Onk i iti� _ - Tr '} •' �. •a.� ! . 'Sr "Aft 7 , is 16 �. ti' +ti �� • w t 1 1 rX J� Nest Substrate Substrate Type — The nest was in a loblolly pine tree along a small tributary on the southern shore of Roanoke Rapids Lake, just south of a power line right of way. Nest Position — The nest was positioned on multiple branches off of the side of the main trunk. Substrate Condition — Nest tree appeared to be in good health Potential Disturbance The nest was possibly visible from the houses to the west, but disturbance was not likely. Maps of HA-14-04 Nest: NO-19-02 Nest Code County State Active Territory Active Nest Chicks Produced NO-19-02 Northampton North Carolina Y Y 1 Nest Location This nest is located in pine within primarily hardwood forest on the north shore of the Roanoke River approximately 0.6 kilometers downstream of the Roanoke Rapids dam. Nesting Activity Bird Activity— On 19 March 2019, small chicks were being brooded by an adult. On 2 May 2019, 1 chick, approximately 8 weeks old, was observed in the nest. Nest Condition — The nest was in good structural condition 0 Nest Substrate Substrate Type — The nest is high in a loblolly pine tree within primarily hardwood forest. Nest Position — The nest was positioned high in a terminal crotch of the main trunk. Substrate Condition — Nest tree appeared to be in good health Potential Disturbance The nest is not likely visible from the water and no disturbance is likely. • ■ i ai},fir* ._ "ov • 1 it Jw �'`�► : _ r .yy��c� -`�+ is 'r Yr 4it IXL ,W4 46 AS 4 Ap I Image (from 2014) of HA-14-04 27 Maps and Image of NO-19-02 C Nest: NO-19-01, NO-14-01 and NO-14-02 Nest Code County State Active Territory Active Nest Chicks Produced NO-19-01 Northampton North Carolina Y Y 1 NO-14-01 Northampton North Carolina Y N - NO-14-02 Northampton North Carolina N N - Nest Location NO-19-01 is located in a pine on the edge power line right of way, near of an agricultural field on the northeast shore of the Roanoke Rapids Lake tail waters, approximately 1.0 kilometers upstream of the interstate 95 bridge. The now absent NO-14-01 was located in a hardwood tree on the edge of an agricultural field on the northern shore of the Roanoke Rapids Lake tail waters, approximately 1.8 kilometers upstream of the interstate 95 bridge and 0.4 kilometers inland. The now absent NO-14-02 was located in a hardwood on a small island in the tail waters approximately 0.4 kilometers upstream of the interstate 95 bridge. Nestina Activit Bird Activity— On 19 March 2019, an adult was observed brooding small chicks at nest NO-19-01. On 2 May 2019, a single chick, approximately 7 weeks old was observed in NO-19- 01. No eagle activity was observed at the now absent NO-14-01 and NO-14-02. Nest Condition — Both NO-14-01 and NO-14-02 are now absent. NO-19-01 was in good condition. Nest Substrate Substrate Type — NO-19-01 is located in a loblolly pine on the edge power line right of way, near of an agricultural field on the northeast shore of the Roanoke Rapids Lake tail waters. The now absent NO-14-01was located in a hardwood on the edge of an agricultural field on the northern shore of the Roanoke Rapids Lake tail waters. The now absent NO-14-02 was located in a hardwood on a small island in the tail waters approximately 0.4 kilometers upstream of the interstate 95 bridge. Nest Position — NO-19-01 is positioned on a lateral branch near the top of the tree. Substrate Condition — The pine tree of NO-19-01 was in good health. The hardwood tree of nest NO-14-01 appeared to be in good health. The hardwood tree of nest NO-14-02 appeared to be dead. Potential Disturbance NO-19-01 is not visible from the water but disturbance would be possible during any agricultural activities occurring in the adjacent agricultural field. M Maps and Image of NO-19-01 30 LITERATURE CITED Millar, J. G. 1999. Endangered and threatened wildlife and plants; proposed rule to remove the Bald Eagle in the lower 48 states from the list of endangered and threatened wildlife. Federal Register 64: 36454-36464. Sprunt, A., IV. 1963. Continental Bald Eagle Project: Progress report no. III. Proceedings of the National Audubon Society's Convention. Miami, FL. Watts, B. D. 2008. An assessment of the Bald Eagle and Great Blue Heron populations along High Rock, Tuckertown, Narrows, and Falls Reservoirs in central North Carolina: 2008 breeding season. Center for Conservation Biology Technical Report Series, CCBTR-08- 10. College of William and Mary, Williamsburg, VA 38 pp. Watts, B. D. 2009. Aerial surveys of Lake Gaston and Roanoke Rapids Lake for nesting bald eagles: 2009 season. Center for Conservation Biology Technical Report Series, CCBTR- 09-06. College of William and Mary, Williamsburg, VA. 15 pp. Watts, B. D. and M. A. Byrd 2011. Virginia bald eagle nest and productivity survey: Year 2011 report. Center for Conservation Biology Technical Report Series, CCBTR-11-11. College of William and Mary and Virginia Commonwealth University, Williamsburg, VA. 38 pp. Watts, B. D., G. D. Therres, and M. A. Byrd. 2008. Recovery of the Chesapeake Bay bald eagle nesting population. Journal of Wildlife Management 72-152-158. 31 Appendix I. Observations of new and previously known nests during the 2019 survey. Nest Code Tree 19 March 20190bservation ME-14-01 Pine Active (2 chicks 3 wks old) ME-14-04 Pine Active (I chick 4 wks old) ME-14-02 Pine Remnant ME-14-03 Hardwood Absent ME-11-03 Hardwood Active (small chicks) WA-09-01 Pine Absent BR-14-01 Pine Active (small chicks) WA-09-03 Pine Active (empty, butwith this year's lining) HA-14-01 Pine Active (brooding) HA-14-02 Pine Absent HA-14-03 Pine Active (small chicks) NO-14-02 Hardwood Absent NO-14-01 Hardwood Absent HA-14-04 Pine Absent HA-17-01 Pine Active (brooding) WA-17-01 Pine Active (brooding) NO-19-01 Pine Active (brooding) NO-19-02 Pine Active (small chicks) NO-19-03 Hardwood Active (incubating) ME-19-01 Pine Inactive (poor condition) ME-19-02 Hardwood Inactive 2 May 2019 Observation 2019 Nest Status 2019 Nest Productivity Longitude Latitude 2 chicks 8 weeks old Active 2 -78.264306 36.608402 1 chick 11 weeks old Active 1 -78.244278 36.614781 Absent Absent -78.230244 36.598209 Absent Absent -78.220310 36.599424 3 chicks 8weeks old Active 3 -78.185301 36.583869 Absent Absent -78.125730 36.539802 2 chicks 7 weeks old Active 2 -78.045209 36.549355 1 chick 9 weeks, hidden first flight Active 1 -78.017934 36.532146 empty damaged fell out Active 0 -77.892483 36.493361 Absent Absent -77.805364 36.496556 3 chicks 7weeks old Active 3 -77.775560 36.463147 Absent Absent -77.628001 36.461624 Absent Absent -77.625002 36.450127 Absent Absent -77.731116 36.471664 2 chicks 7 weeks old Active 2 -77.777977 36.478727 2 chicks 7weeks old Active 2 -78.125621 36.540606 1 chicks 7weeks old Active 1 -77.628046 36.457259 1 chicks 8weeks old Active 1 -77.667706 36.485407 empty failed hardwood Active 0 -77.797717 36.506323 empty side falling out Inactive -78.289414 36.606612 empty hardwood Inactive -78.232699 36.599682 32 (,*�- NOAA HABITAT CONSERVATION I HABITAT PROTECTION EFH Xfer Tool 11 [ Data Qiery Too l © Activate Location Queryj 1 PrintThis Report EFH Data Notice: Essential Fish Habitat (EFH) is defined by textual descriptions contained in the fishery management plans developed l y the regional Fishery Management Councils. In most cases mapping data can not fully represent the complexity of the habitats that make up EFH. This report should be used for general interest queries only and should not be interpreted as a definitive evaluation of EFH at this location. A location -specific evaluation of EFH far any official purposes must be performed by a regional expert. Please refer to the fallowing links for the apprWriate regional resources. Greater Atlactic 9,egional Office Atlantic HigNy Migratory Species Management Divisdon Query ReSLOS Deg reesr M-.nutesr Seconds; Latitude = 36029'56" N, Longitude = 78011'30" W Decimal Degrees: Latitude = 36,50r Longitude = -77.81 The query location intersects with spatial data representing EFH and/or H,4PCs for the following species/management units. " YY A R N I N G " Please note under "Life Stages) Found at Location" the category "ALL" indicates that all life stages of that species share the same map and are designated at the queried I Dcation. HAPC9 No Habitat Areas of Particular Concern (H,AP'C) were identified at the report location, EFH Area s P rotecwd from Fishing No EFH Areas Protected from Fishing (EFHA) were identified at the report location. Spatial data does not currently exist for all the managed species in this area. the following Is a list of species or management units for which there is no spatial data. "`:For links to all EFH text descriptions see the Complete data inventory: open 3a:ta inventory --�- id-Atiantic Council HAPCs, spatial data far summer Flounder SAV HAPC. X I Zoom: Extent: 4 4 ip I Location Query: n ; 10 Min sq.. o ' Help: 01 4 DDD; 36.395 lat,-78.001 tong