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HomeMy WebLinkAbout20060180 Ver 1_WRC Comments_20060320~ North Carolina Wildlife Resources Commission ~ Richard B. Hamilton, Executive lltrector MEMORANDUM TO: Steve Chapin, Permit Coordinator Asheville Office, U.S. Army Corps of Engneers M: Ron Linville, Re ~onal Coordinator FRO ~ Habitat Conservation Program DATE: March 14, 2006 SUBJECT: Laurelmor Development, Laurel Creek, South Fork Laurel Creek, Elk Creek, Horton Branch, Dugger Creek, Little Dugger Creek, Joes Creek, Tonys Branch (Yadkin River Basin), Watauga and Wilkes Counties The applicant is requesting a letter of concurrence from the North Cazolina Wildlife Resources Commission (NCWRC) to obtain a 404 permit from the U.S. Army Corps of Engineers. The NCWRC has reviewed information provided by the applicant and field biologists on our staff are familiar with habitat values of the project area. These comments are provided in accordance with provisions of the Clean Water Act of 1977 (33 U.S.C. 466 et. seq.) and the Fish and Wildlife Coordination Act (48 Stat. 401, as amended; 16 U.S.C. 661-667d). The proposed project is a 6050 acre tract that includes the previously permitted Heavenly Mountain development. Ginn Clubs and Resorts has provided a preliminary assessment for threatened and endangered species as well as submitted the 404 Permit request through E'nV Environmental Consulting Services, Inc. The project is to develop a low density residential resort golf course community. Direct permanent impacts to jurisdictional waters are indicated occur at ten locations which total 6331 linear feet. Direct permanent impacts to jurisdictional wetlands will be 0.678 acres. It appears that this fill will occur primarily to create four impoundments and intermittent stream French drains. Temporary impacts of 625 linear feet will occur at twenty-five (25) locations for utilities. About fifty miles of roads are proposed which will include twenty-three (23) bridges. Total imperviousness is indicated to be 9.5 percent; however, rain gazdens are proposed. Waters in the area are mostly classified as Outstanding Resource Waters (ORW) and trout waters of the State of North Carolina. As indicated during Heavenly Mountain evaluations, substantial brook, brown and rainbow trout populations are present in this watershed. Smallmouth bass, redbreast sunfish, brown, brook and rainbow trout are present in Laurel and Elk Creeks. Laurel Creek supports wild brook and brown trout populations. Elk Creek is NCWRC Designated Public Mountain Trout Water. Biologists with the NCWRC have reviewed site plans. Several biologists visited the site on February 21, 2006, Generally, these biologists are satisfied that the project as planned should have less impact on habitat values than multiple smaller developments although our biologists still have concerns about impacts that can occur during the development and afterwards. The following non-prioritized comments and recommendations are provided for your consideration during the permitting and certification process: Instream work and land disturbance within the 25-foot wide buffer zone must be prohibited during the brown and brook trout spawning season of October 15 through April 15 to protect the egg and fry Mailing Address: Division of Inland Fisheries 1721 Mail Service Center • ltatetgn, N~., ~ myy-i «~ Telephone: (919) 707-0220 Fax: (919) 707-0028 Laurelmor Development -Page 2 - March 14, 2006 stages of trout from off-site sedimentation during construction. Trout buffer waivers may be required from the NC Division of Land Resources. Z. In order to protect nesting birds, land clearing and forestry should be avoided during May through mid- July to minimize nest destruction and nestling mortality. 3. Impoundments should be no larger than needed to support the project. Impoundments must have cold water releases and provide minimum flow releases (equal to or greater than the 7Q10) to preserve and maintain downstream aquatic habitats. As appropriate, NC Division of Land Resources dam safety requirements must be satisfactorily resolved. If downstream flows have been reduced previously, the minimum 7Q10 must be restored. 4. To the extent possible, stormwater management for imperviousness on the site, including public and private structures and infrastructure) should maintain or closely mimic current runoff and hydrograph conditions within the watersheds. 5. Impacts to wetlands and streams should be minimized by avoidance and by leaving adequate buffers. We routinely recommend minimum fifty foot intermittent and hundred foot perennial buffers in watersheds that do not have federally threatened and endangered species. These buffers should be doubled for watersheds with threatened and endangered species. Due to the type of development and the presence of ORW and trout waters, the maximum available buffer zones are recommended. Buffers must be maintained as undisturbed forested areas set aside as permanently protected conservation easements. These easements should be conveyed to the Blue Ridge Land Trusts or a similar entity. Wider buffers are recommended for golf course fairways 23, 24, 31 and 32. 6. To the maximum extent possible, wildlife corridors should be maintained to ensure aquatic and terrestrial wildlife habitat connectivity. 7. If endangered species are found during construction activities, the animal should be collected by properly authorized individuals or biologists, who will determine if the animal can be relocated or if alternate care is required. This request is specific to the bog turtle although not limited to that. species. 8. Impacts to boulder fields, rocky outcrops and mines/caves should be minimized. NCWRC personnel would like the opportunity to survey existing mine shaft and old house for summer bat use prior to inundation or destruction and look for additional species or roost sites. If it is possible to build a smaller lake that avoids the old mine site, this habitat area ought to be preserved and used for educational and scientific purposes. 9. NCWRC biologist request permanent access to monitor wildlife populations and habitat in the conservation easement sections. NCWRC biologists would like to work cooperatively with Laurelmor and Blue Ridge Land Trust in developing habitat management, enhancement, or restoration plans plus the implementation of those plans. It may be possible to develop an agreement with this agency that facilitates this strategy. Consultation with NCWRC biologists should occur if wildlife viewing areas or educational "kiosks" will be constructed near wetlands or aquatic habitats. 10. Public fishing access to Dugger Creek and Laurel Creek should be investigated and provided if determined to be feasible. Such access was to be provided previously for the Heavenly Mountain site. A similar arrangement is requested. 11. Prior to building ponds on perennial streams, sampling for potential wild trout populations should be provided. NCWRC biologists will visit the proposed pond areas with Laurelmor staff. Adequate access needs to be provided to determine if wild trout are present. 12. NCWRC biologists recommend that Laurelmor hire a naturalist to be the point of contact with natural resource and regulatory agencies. A small nature center similar to the one on Balsam Mountain Laurelmor Development -Page 3 - March 14, 2006 Preserve in Jackson County is recommended for public relations and environmental educational opportunities. 13. Instead of using culverts, the project should maximize the use of bridges. If any culverts are permitted, culverts 48 inches diameter or larger should be buried a foot into the streambed. Culverts less than 48 inches diameter should be buried to a depth equal to or greater than 20% their size to allow for aquatic life passage. These measurements must be based on natural thalweg depths. Where multiple barrel culverts are permitted, a base flow barrel must be provided as indicted above. Stormwater conveyance barrels must be placed on the active floodplain bench elevation to receive and convey stormwater. These elevated barrels must be connected to the active floodplain benches in a manner to maintain a continuous base flow channel with natural channel dimensions and provide terrestrial wildlife passage. 14. No floodplain fill should be permitted along jurisdictional waters or wetlands. To the maximum extent possible, floodplains should be maintained as natural undisturbed areas to preserve stormwater storage, protect stream integrity and offset habitat losses. Please refer to federal Executive Order 11988 for additional guidance concerning regulated streams. 15. To the maximum extent possible, viewshed issues should be addressed to the satisfaction of the National Park Service. 16. Utility lines should be placed along the edge of floodplains instead of next to streams to the maximum extent practicable. 17. Forestry activities should be limited to thane activities required to protect property. Otherwise, forestry should be conducted by selective cutting instead of clear cutting unless lazger tracts need modification for wildlife management purposes. Lot limitations and home owner's association rules should,be provided that preclude indiscriminate removal of trees, especially near or in steep areas and near jurisdictional waters. 18. A comprehensive stormwater management plan is recommended. to preserve existing hydrograph conditions to protect area streams from degradation. Imperviousness exceeding six (6) percent without stormwater management negatively impacts aquatic environments. Fre and post development runoff and recharge conditions should be retained to the maximum extent practicable. Stormwater controls outlined by the US Environmental Protection Agency in their Low Impact Development manual (EPA Document # 841-B-00-002 and 841-B-00-003) may be appropriate. Such measures can significantly reduce environmental impacts. These measures should include, but not be limited to, off-line naturalized stormwater ponds or wetlands, avoidance of curb and gutter discharges, minimizing road building and road widths as well as the provision of rain gazdens, grass swells, bio-retention, pervious pavement, and the protection of naturally forested drainage ways and floodplains. No stormwater or othex direct discharges, including golf course drainages, should bypass stream and wetland buffers or bio-retention devices. 19. Although not indicated, any relocated streams must ensure geomorphic stability and biological functions by using state-of--the-art natural stream design methodologies. Stability and habitat monitoring should be provided as routinely required in 404 Permits and 401 Certifications. 20. Soils in the area are believed to be shallow and prone to washouts or possible landslide concerns. The project should be constructed in small phases to reduce sediment impacts to the water supply watershed unless alternatives can reduce overall impacts. Stringent sediment and erosion control activities for sensitive waters should be used to protect downstream aquatic environments. We recommend that these measures exceed standard Best Management Practices (BMPs) required by the NC Division of Land Resources. In addition, these practices must adhere to standard Division of Water Quality's 401 Certification requirements. Laurelmor Development -Page 4 - Mazch 14, 2006 21. Buffers along jurisdictional streams should be permanently preserved and protected through enforced conservation easements. Conservation easements should be placed on all buffers along all jurisdictional waters and wetlands within the entire development, not just on the golf course. Permanent conservation easements (includes streams and their buffers) should be provided as intact, non-fragmented common areas instead of being subdivided into individual lots with deed restrictions. Substantial Neotropical migration and nesting is known for the area so maintaining contiguous habitats are essential. Public nature trails may be incorporated into buffers providing they aze located near the outer edges of the buffer zones and provided they do not exceed widths specified in the Americans with Disability Act (ADA) and they are constructed of pervious materials. 22. No individual lot fill of jurisdictional waters or wetlands should be allowed. Existing habitats and geological features should be incorporated into individual lot plans. These features can provide substantial wildlife habitats. 23. Low Impact Development (LID) techniques are recommended for all development that will be facilitated or promoted by this core subdivision. Information about LID practices and techniques can be found at ~~_l~l~~_k~«iY~~ ~yctdc~~top~tl~nt_~n_. It is essential that post development hydrographic conditions mimic those present in the area prior to development and increased imperviousness. To do less will exacerbate stormwater issues and increase the intensity and severity of downstream flooding and stream instability which will lead to increased sediment impacts downstream. 24. The size, location and adequacy of any proposed bio-retention facilities, interceptor drains and wetlands should be documented and thoroughly evaluated during site planning and permit/certification approvals by the US Army Corps of Engineers, the NC Division of Land Resources and the NC Division of Water Quality. 25. If stormwater ponds or wetlands will be required or provided, autochthonous plantings should be used around them (except for the dam) to offset thermal impacts to waters as well as to mitigate for impacts to indigenous wildlife species. 26. Due to anticipated modifications of native forests and edge habitats and ongoing concerns throughout the United States about invasive/exotic species, consultation with NC Department of Agriculture agents or NCWRC biologists should be provided prior to stocking any ponds or streams with fish or other aquatic species, including aquatic plants. Due to the presence of wild trout in these basins, including potential wild brook trout, any fish stocking on the property must be reviewed and approved by NCWRC biologists. It is illegal to stock in public waters without a permit from NCWRC. 27. Many agricultural and golf course chemicals (e.g. herbicide, pesticide, and fertilizer) are water soluble easily transported through subsurface flow, and highly toxic to aquatic life. Integrated Pest Management practices should be fully implemented for golf course maintenance and operations. Bio- retention or LID methodologies are preferred. Irrigation waters should be recycled to the rnaxirnum extent possible. The golf course should be designed and managed to meet minimum environmental protection or certification standards developed. for Audubon International's Cooperative Sanctuary or the National Wildlife Federation. Additional golf course design and development information may be obtained from National Wildlife Federation at l~tt~~ _~ ~j ~+ n« I. t~;v or Audubon International at httF.'`~r~E~t,~n~c[nt~t>~jntl ~~<<tprc>>~,i~~~s 2c5s~~~~1# lua~~. 28. Where flyways must be cleared around or over jurisdictional waters and buffers, removal of riparian plants should be minimized. Large or tall tree removal should be limited to preserve the integrity of the riparian buffer zone. Smaller plantings should be maintained as buffers to provide contiguous relatively undisturbed habitats. Judicious plant removal may be needed; however, buffer zone management should be a water quality management priority for golf course operations. 29. Project proponents may wish to contact the US Fish and Wildlife Service to discuss funding opportunities under the Neotropical Migratory Bird Conservation Act of 2000 (P.L. 106-247). The act Laurelmor Development -Page 5 - March 14, 2006 provides grants to Latin America, the Caribbean and the United States for the conservation of neotropical migratory birds that winter south of the border and summer in North America. The law encourages habitat protection, education, researching, monitoring, and capacity building to provide for the long-term protection of neotropical migratory birds. 30. Provisions found in the previously issued permits, certifications and approvals for Heavenly Mountain should be applied to the Laurelmor development as appropriate. 31. Road de-icing should be accomplished using mechanical equipment rather than chemical treatments to the maximum extent possible in order to reduce or avoid hannful effects to aquatic habitats. Limited salting should incorporate sand for roughness or use brine solutions. Some of the above recommendations may not be directly connected to the 404 Permit or the 401 Certification; we believe that these activities are prudent and necessary to provide a holistic planning and management approach for the project due to the diverse habitats which can be affected by both direct and indirect impacts. NCWRC biologists request that permitting agencies and Laurelmor developers implement as many of these recommendations as possible. Information about preserving ecosystem integrity during and after development can be found at our website, Iittp `~;.~~~~ ~~~~~i_ldlitc.c}rs~_`~sT1~ ~ldli(cti~~~icsC elri~r__ c i~<_i~ts.~c~f. In addition, excellent information about the unportance of protecting headwater streams can be found at htt~io;ea s~~rrachib oz «,`Si~~ c_ 5ierr~°~,21),~~b'~~~~.O~ocs~i~~~~~~~;'h~r~R~~;e~-sare[3ar~i~.~i: As needed. NCWRC biologists are available to discuss these recommendations and help resolve impacts to habitats in the area. Thank you for the opportunity to review and comment on this project. If you have any questions regarding these comments, please contact me at 336/769-9453. Attachment: Audubon North Carolina -Breeding Season Survey of the Bird of the Escarpment Area of Watauga County, North Carolina Cc: Cyndi Karoly, DWQ-DWQ-Raleigh Ec: Daryl Lamb, DWQ-WSRO Matt Gantt, DLR-WSRO Becky Fox, USEPA Bryan Tompkins, USFWS Randy Woodrow, Watauga County Breeding Season Survey of the Birds of the Escarpment Area of Watauga County, North Carolina Curtis Smalling, Mountain Areas Biologist, Audubon North Carolina, 667 George Moretz Lane, Boone, NC 28607 Breeding bird surveys were conducted during the breeding season of 2003 (May -July). Point counts of variable circular radius were conducted between 0545 and 1100 am with days of little or no wind or precipitation. Cloud cover varied on survey dates. A total of 29 permanent points were established in the study area and points were visited 2 to 4 times for a total of 68 individual counts. The elevational range of the study area varied from 3410 to 1310 feet. The study area is on the steep escarpment of the Blue Ridge Mountains ranging from Sampson Road in Watauga County on the southern end to just south of US Highway 421 on the north. Surveys were conducted along roadways that traverse the escarpment as most property is privately held. These routes included Sampson Road, Jakes Mountain Road, Elk Creek Road, and Stoney Fork. Very little public lands exist in the study area. The area is largely unsettled but is being actively logged and developed in several areas. Additionally, limited agricultural areas at the bottom edge of the escarpment are represented in the surveys. Deep ravines hold numerous streams and these are headwaters of the Yadkin River basin. This report represents a subset of a larger survey effort that extended north to the southern edge of Doughton State Park. Results During the 68 counts, 70 species of birds were encountered. Four of these species (Osprey, Spotted Sandpiper, Ruby-crowned Kinglet, and White-throated Sparrow) are late migrants and were excluded from the data analysis. Additionally, Cerulean Warblers have been detected outside of timed point counts. All species encountered are listed in Table 1. Data from each point were aggregated to maximum number of each species seen on a single count and pooled for each point location (n=29). An average of 14.86 (±6.16 STDEV) species of birds were recorded at each point, and an average of 23.10(+11.99STDEV) individual birds were encountered at each point. Most birds detected were singing males. Each species and their relative abundance are listed in Table 1. Using Rappole (1995) as a guide, 73% of the species encountered are classified as Neotropical migrants. 14% are short distance or altitudinal migrants, and 15% are' permanent residents. Migratory status used is listed in Table 1. Another important consideration in the findings of this type of survey is the conservation status and priority of the species found. Included in Table 1 is a list of the Partners in Flight (PIF) score for each of the breeding species (Hunter et al, 1999) detected on the survey. As is stated in the PIF Southern Blue Ridge Bird Conservation Plan, over 155 species nest in the Southern Blue Ridge, of which the study area is a part. 63 species are identified in the PIF conservation plan as requiring some conservation action or monitoring. It should be noted that not all PIF priority species are declining in the 2 Southern Blue Ridge. (For a complete discussion of the ranking system see Hunter et al, 1999). Of the 67 presumed breeding species detected in the study area, 29 (43%) are species of PIF conservation priority. Additionally, one species of Federal Special Concern (Cerulean Warbler) has been detected during the breeding season in and around the study area. Five of the species detected are Audubon Watchlist species, as well as four North Cazolina Natural Heritage Program tracked species. Four endemic sub- species aze represented in the study area as well (Lee and Browning, unpub.). All together, 31 species of some level of conservation concern were located during the study period. All of these conservation rankings are listed in Table 1. The most commonly occurring species aze listed in Table 2. The number of individuals of these top species account for 48% of the total number of birds seen. Conclusions and Recommendations This area of the escarpment hosts a wide variety of breeding bird species and more will be detected with further study. This azea also serves as an important stop-over location for migratory birds in spring and fall as well (Smalling, unpublished data}. Several species of conservation priority occur here in fairly high numbers compared to other more fragmented areas of the escarpment. An important feature of this diversity is the elevational gradient compressed into a relatively small horizontal distance. Many of the conservation priority species have vazying elevational limits and so conservation efforts need to take that into consideration and attempt to link a representative gradient from the top to the bottom of the escarpment. Some species (i.e. Swainson's Wazbler) occur only at lower elevations and others (Cerulean Warbler) at mid and upper elevations. Also several generalized recommendations may help alleviate some of the impacts of development. 1) Maintain high quality habitat in lazge patches if possible. Many priority species are forest-interior species and need larger unbroken tracts. Fragmentation leads to higher predation rates from small predators (raccoons, skunks, etc) and higher rates of nest parasitism by Brown-headed Cowbirds. These effects are well documented in the avian literature (Horn, 1984; Rolstad, 1991; Robinson, 1998; Doherty and Grubb, 2002; George and Dobkins, 2002) 2) Where possible keep the canopy intact above foot, bridle, and service roads, and if possible on vehicular roads as well. Fragmentation is exacerbated by smaller openings as well. (See references above, as well as Ortega and Capen, 1999) 3) Maintain high quality water resources by buffering streams and wet azeas with intact forest where it currently occurs. This also provides connectivity and migratory stop-over habitats for migrating songbirds (Winker et al, 1992; Gates and Giffm, 1991) 4) Any land clearing activities should occur outside of the breeding season (May through mid-July to minimize nest destruction and direct mortality of nestlings. 5) Additional surveys and permanent monitoring points should be established in 2006 to fully inventory the area and quantify populations ofpriority species where possible. This will provide a baseline to evaluate methods and management techniques in the future. 4 Table 1(see Appendix A for Status Code explanation) Migrat ory PIF # status Score PIF` apec~es occ Ana Red-eyed Vireo 28 64 N 15 American Crow 28 56 P 11 Indigo Bunting 22 37 N 18 Tufted Titmouse 19 37 P 15 Black-throated Green Warbler 19 28 N 21 Carolina Chickadee 18 34 P 17 Northern Cardinal 18 23 P 12 Hooded Warbler 15 25 N 22 American Goldfinch 14 27 N 13 Black and White Warbler 14 17 N 22 Ovenbird 13 15 N 20 Eastern Towhee 12 16 N 18 Carolina Wren 12 19 S 19 Pileated Woodpecker 12 13 P 15 Wood Thrush 11 13 N 24 Acadian Flycatcher 10 14 N 25 Blue Jay 9 12 S 16 Scarlet Tanager 9 11 N 21 Blue-headed Vireo 9 12 N 19 Blue-gray Gnatcatcher 9 9 N 20 Worm-eating Warbler 8 11 N 25 Louisianna Waterthrush 8 9 N 26 Kentucky Warbler 7 8 N 24 Ruby-throated Hummingbird 7 7 N 20 White-breasted Nuthatch 6 6 P 15 Eastern Pheobe 6 6 S 19 Mourning Dove 5 6 N 10 Downy Woodpecker 5 5 P 18 Northern Parula 5 7 N 19 Cedar Waxwing 4 36 N 14 Turkey Vulture 4 6 N 12 Broad-winged Hawk 4 4 N 17 Swainson's Warbler 4 4 N 29 Song Sparrow 3 4 P 12 Black-throated Blue Warbler 3 3 N 26 Chimney Swift 3 9 N 21 Brown-headed Cowbird 3 3 N 11 Pine Warbler 3 4 N 18 Chipping Sparrow 2 4 N 17 American Redstart 2 3 N 15 Barn Swallow 2 2 N 15 Eastern Wood Peewee 2 2 N 22 Criteria n~ KanK IV VI IV IV V IV V IV V VI V V V IV VI Feder al Global NC Status Rankd Statusd d Sub- Audubon species° Watchlistr Yellow X Yellow Yellow S36 G4 W2,W5 Red X IV 5 Red-bellied Woodpecker 2 2 S 14 Yellow-throated Vireo 2 2 N 23 IV Common Yellowthroat 2 2 N 16 Tree Swallow 2 2 N 14 S2S3B,S4N G5 W2 American Robin 1 1 N 10 Dark-eyed Junco 1 1 S 15 IV X Red-winged Blackbird 1 2 N 12 Gray Catbird 1 1 N 19 V Rose-breasted Grosbeak 1 1 N 21 V S3B G5 1 Northern Flicker 1 1 S 17 Brown Thrasher 1 1 S 19 Chestnut-sided Warbler 1 1 N 22 IV Field Sparrow 1 1 S 20 V House Finch 1 1 P 9 Ruffed Grouse 1 1 P 22 Ill X Yellow-throated Warbler 1 4 N 22 IV Hairy Woodpecker 1 1 S 14 White-throated Sparrow S Spotted Sandpiper N 12 Osprey N Belted Kingfisher 1 1 N 17 Yellow-billed Cuckoo 1 1 N 18 Eastern Kingbird 1 1 N 16 Great-crested Flycatcher 1 1 N 16 Northern Rough-winged Swallow 1 1 N 17 Veery 1 1 N 19 VI Ruby-crowned Kinglet 1 N White-eyed Vireo 1 1 N 20 Cerulean Warbler (outside point count) N E 26 II S2B G4 SR FSC Red Totals f ~ 29 4 4 4 1 4 5 6 Table 2 Most Frequently % OF Encountered Species # occ POINTS Red-eyed Vireo 28 96.55 American Crow 28 96.55 Indigo Bunting 22 75.86 Tufted Titmouse ~ 19 65.52 Black-throated Green Warbler 19 65.52 Carolina Chickadee 18 62.07 Northern Cardinal 18 62.07 Hooded Warbler 15 51.72 American Goldfinch 14 48.28 Black and White Warbler 14 48.28 Highest relative abundance species #ind IND/POINT Red-eyed Vireo 64 2.21 American Crow 56 1.93 Indigo Bunting 37 1.28 Tufted Titmouse 37 1.28 Carolina Chickadee 34 1.17 Black-throated Green Warbler 28 0.97 American Goldfinch 27 0.93 Hooded Warbler 25 0.86 Northern Cardinal 23 0.79 Carolina Wren 19 0.66 7 Escarpment Surveys Literature Cited Doherty, P. F., and T. C. Grubb. 2002. Survivorship of permanent resident birds in a fragmented forested landscape. Ecology 83: 844-857. Gates, J. Edward, and Neil R. Giffin. 1991. Neotropical migrant birds and edge effects at a forest-stream ecotone. Wilson Bulletin 103(2): 204-217. George, T. L., and D. S. Dobkins, editors. 2002. Studies in Avian Biology. Cooper Ornitholigical Society No. 25. Lawrence Kansas. 220 p. Horn, John C. 1984. Short-term changes in bird communities after clear-cutting in western North Carolina. Wilson Buli. 96: 684-689. Hunter, William C., Robert Katz, David N. Pashley, and Robert P. Ford. 1999. Partners in Flight southern Blue Ridge conservation plan. Version 1.0. Unpublished. Lee, David S. and Becky Browning. Unpublished. Conservation concerns related to avian endemism in the southern Appalachians. Ortega, Yvette K. and David E. Capen. 1999. Effects of forest roads on habitat quality for Ovenbirds in a forested landscape. Auk 116: 937-946. Rappole, John H. 1995. The Ecology of Migrant Birds: A Neotropical Perspective. Smithsonian Press, Washington, DC. Robinson, Scott. 1998. Another threat posed by forest fragmentation: reduced food supply. Auk 115 Rolstad, J. 1991. Consequences of forest fragmentation for the dynamics of bird populations: conceptual issues and the evidence. Biological Journal of the Linean Society 42: 149-163. Winker, Kevin, D. W. Warner, and A. R. Weisbrod. 1992. Migration of woodland birds at a fragmented inland stopover site. Wilson Bulletin 104(4): 580-598. Appendix A aMigratory Status codes taken from Rappole (1995). N= Neotropical migrant S= Short distance migrant P= Permanent resident BPIF Score taken from Hunter et al (1999) BPIF Criteria taken from Hunter et al (1999). Codes as follows: I. Ste. ecies with total score above 22 with decline and undersampling Hi Priority II. Moderate Priority species III. Moderate Watchlist species IV. Abundant but declining species V. High percentage of breeding population in southern Appalachians VI. Federally listed ~ecies not already listed above VII. Local interest species or high priority in adjoinin sg fates dState Rank (S Rank) North Carolina ranks are based on The Nature Conservancy's system of measuring rarity and threat status. This system is widely used by other agencies and organizations, as the best available scientific and objective assessment of a species' rarity at the state level. State ranks are assigned by biologists within each Natural Heritage Program. NUMBER OF EXTANT RANK POPULATIONS DESCRIPTION Sl 1-5 Critically imperiled in North Carolina because of extreme rarity or because of some factor(s) making it especially vulnerable to extirpation from North Carolina. S2 6-20 Imperiled in North Carolina because of rarity or because of some factor(s) making it very vulnerable to extirpation from North Carolina. S3 21-100 Rare or uncommon in North Carolina. S4 100-1000 Apparently secure in North Carolina, with many occurrences. SS 1000+ Demonstrably secure in North Carolina and essentially ineradicable under present conditions. SA 1-? Accidental or casual; one to several records for North Carolina, but the state is outside the normal range of the species. SH 0? Of historical occurrence in North Carolina, perhaps not having been verified in the past 20 years, and suspected to be still extant. SR -- Reported from North Carolina, but without persuasive documentation which would provide a basis for either accepting or rejecting the report. SX 0 Apparently extirpated from North Carolina. SU -- Possibly in peril in North Carolina but status uncertain; need more information. 9 S? -- Unranked, or rank uncertain. B 1-? Rank of the breeding population in the state. Used for migratory species only. N Rank of the non-breeding population in the state. Used for migratory 1-? species only. Z_ 1-? Population is not of significant conservation concern. For example, the status "SZN" indicates that the population in the non-breeding seasons (generally in migration or in winter) is transitory, without any regular locales of occurrence whereby the species can be protected. Where a number is listed with the "B" or "N" modifier, there are definable locales of occurrence that can be identified for protection. SP 0 Of probable occurrence in the state, but no records known. SNR ? State, Not Ranked. This is generally a newly identified taxon, for which a rank has not yet been assigned. NOTE: SNA =State Not-Applicable [for conservation]. This is the new NatureServe rank that combines a number of previous ranks (in parentheses): SA =accidental, SR =reported, SRF = reported falsely, SZN =migrant only, and SE =exotic, non-native. Global Rank. (G Rank) Global ranks are assigned by NatureServe (formerly the science branch of The Nature Conservancy) staff biologists and contract biologists, based on a consensus of scientific experts, the individual natural heritage programs, and the Natural Heritage Network. Global ranks apply to the status of a species throughout its range, and are based on data on the species' status rangewide. This system is widely used by other agencies and organizations, as the best available scientific and objective assessment of a species' rarity throughout its range. NUMBER OF EXTANT RANK POPULATIONS DESCRIPTION G1 1-5 Critically imperiled globally because of extreme rarity or because of some factor(s) making it especially vulnerable to extinction. G2 6-20 Imperiled globally because of rarity or because of some factor(s) making it very vulnerable to extinction throughout its range. G3 21-100 Either very rare and local throughout its range or found locally (even abundantly at some of its locations) in a restricted range (e.g., a single physiographic region) or because of other factors making it vulnerable to extinction throughout its range. G4 100-1000 Apparently secure globally, though it may be quite rare in parts of its range, especially at the periphery. G5 1000+ Demonstrably secure globally, though it may be quite rare in parts of its range, especially at the periphery. GH 0? Of historical occurrence throughout its range, i.e., formerly part of the established biota, with the expectation that it may be rediscovered. 10 NUMBER OF EXTANT RANK POPULATIONS DESCRIPTION GX 0 Believed to be extinct throughout its range (e.g., Passenger Pigeon) with virtually no likelihood that it will be rediscovered. GU -- Possibly in peril rangewide, but status uncertain; more information is needed. G? -- Unranked, or rank uncertain. G_Q -- Questionable taxonomic assignment. TJ -- The rank of a subspecies or variety. As an example, G4T1 would apply to a subspecies of a species with an overall rank of G4, but the subspecies warranting a rank of G 1. GNR ? Global, Not Ranked. This is generally a newly identified taxon, for which a rank has not yet been assigned. State Status. Endangered, Threatened, and Special Concern species of mammals, birds, reptiles, amphibians, freshwater fishes, freshwater and terrestrial mollusks, and crustaceans have legal protection status in North Carolina (Wildlife Resources Commission). In addition to the above categories, the Natural Heritage Program maintains computer and map files on Significantly Rare species, as well as species considered Extirpated. Paper files only are maintained for a few of the above species; these species are indicated by the phrase "not tracking." STATUS CODE STATUS DEFINITION E Endangered "Any native or once-native species of wild animal whose continued existence as a viable component of the State's fauna is determined by the Wildlife Resources Commission to be in jeopardy or any species of wild animal determined to be an'endangered species' pursuant to the Endangered Species Act." (Article 25 of Chapter 113 of the General Statutes; 1987). T Threatened "Any native or once-native species of wild animal which is likely to become an endangered species within the foreseeable future throughout all or a significant portion of its range, or one that is designated as a threatened species pursuant to the Endangered Species Act." (Article 25 of Chapter 113 of the General Statutes; 1987). SC Special Concern "Any species of wild animal native or once-native to North Carolina which is determined by the Wildlife Resources Commission to require monitoring but which may be taken under regulations adopted under the provisions of this Article." (Article 25 of Chapter 113 of the General Statutes; 1987). 11 STATUS CODE STATUS DEFINITION P_ Proposed Species has been proposed by a Scientific Council as a status (Endangered, Threatened, Special Concern, Watch List, or for De-listing) that is different from the current status, but the status has not yet been adopted by the General Assembly as law. In the lists of rare species in this book, these proposed statuses are listed in parentheses below the current status. Only those proposed statuses that are different from the current statuses are listed. SR Significantly Any species which has not been listed by the N.C. Wildlife Resources Rare Commission as an Endangered, Threatened, or Special Concern species, but which exists in the state in small numbers and has been determined by the N.C. Natural Heritage Program to need monitoring. (This is a N.C. Natural Heritage Program designation.) Significantly Rare species include "peripheral" species, whereby North Carolina lies at the periphery of the species' range (such as Hermit Thrush). EX Extirpated A species which is no longer believed to occur in the state. (This is a N.C. Natural Heritage Program designation, though WRC also uses this status; the NHP list includes those on the WRC list.) W Watch List Any other species believed to be of conservation concern in the state because of scarcity, declining populations, threats to populations, or inadequacy of information to assess its rarity. (This is a N.C. Natural Heritage Program designation.) W 1 Species/taxon that is known to be declining in the state, for one reason or another. W2 Species/taxon that is rare to uncommon in the state, but is not necessarily considered to be declining or otherwise in trouble. W3 Species/taxon that is poorly known in the state, but is not necessarily considered to be declining or otherwise in trouble; especially true for many invertebrate groups, as well as secretive, nocturnal, or difficult-to- survey species. W4 Species/taxon reported from the state without adequate documentation. WS Species/taxon with increasing amounts of threats to its habitat, whether or not populations are known to be declining. 12 Federal Status. This status is designated by the U.S. Fish and Wildlife Service. Federally listed Endangered and Threatened species are protected under the provisions of the Endangered Species Act of 1973, as amended through the 100th Congress. Unless otherwise noted, definitions are taken from the Federal Register, Vol. 56, No. 225, November 21, 1991 (50 CFR Part 17). STATUS CODE STATUS DEFINITION LE Endangered A taxon "which is in danger of extinction throughout all or a significant portion of its range" (Endangered Species Act, Section 3). LT Threatened A taxon "which is likely to become an endangered species within the foreseeable future throughout all or a significant portion of its range" (Endangered Species Act, Section 3). C Candidate Species "for which the Service has sufficient information on their biological status and threats to propose them as endangered or threatened under the Endangered Species Act, but for which development of a listing regulation is precluded by other higher priority listing activities." (U.S. Fish & Wildlife Service, Candidate Conservation Program home page). "... the Service is discontinuing the designation of Category 2 species as FSC (Federal) Species candidates in this notice. The Service remains concerned about these of Concern species, but further biological research and field study are needed to [also known as resolve the conservation status of these taxa. Many species of concern Species at Risk] will be found not to warrant listing, either because they are not threatened or endangered or because they do not qualify as species under the definition in the [Endangered Species] Act. Others may be found to be in greater danger of extinction than some present candidate taxa. The Service is working with the States and other private and public interests to assess their need for protection under the Act. Such species are the pool from which future candidates for listing will be drawn." (Federal Register, February 28, 1996). The Service suggests that such taxa be considered as "Species of Concern" or "Species at Risk", neither of which has official status. The N.C. Natural Heritage Program uses "(hederal) Species of Concern" in this document for those taxa formerly considered as Category 2. PE or PT Proposed Species proposed in the Federal Register as a status different from its current Federal status. PS Partial Status Full species is not listed as LE or LT, but at least one taxon/ subspecies is listed as LE or LT. 13 T (S/A) Threatened due "Section 4 (e) of the [Endangered Species] Act authorizes the treatment of to Similarity of a species (subspecies or population segment) as endangered or threatened Appearance even though it is not otherwise listed as endangered or threatened if -- (a) the species so closely resembles in appearance an endangered or threatened species that enforcement personnel would have substantial difficulty in differentiating between the listed and unlisted species; (b) the effect of this substantial difficulty is an additional threat to an endangered or threatened species; and (c) such treatment of an unlisted species will substantially facilitate the enforcement and further the policy of the Act." (Federal Register, November 4, 1997). [The American Alligator is listed as T (S/A) due to Similarity of Appearance with other rare crocodilians, and the southern population of the Bog Turtle is listed as T (S/A) due to Similarity of Appearance with the northern population of the $og Turtle (which is federally listed as Threatened and which does not occur in North Carolina).] XN Nonessential "Section 10 (j) of the Endangered Species Act of 1973, as amended, Experimental provides for the designation of introduced populations of federally listed Population species as nonessential experimental. This designation allows for greater flexibility in the management of these populations by local, state, and Federal agencies. Specifically, the requirement for Federal agencies to avoid jeopardizing these populations by their actions is eliminated and allowances for taking the species are broadened." (U.S. Fish and Wildlife Service, 1995). D De-listed Species has been proposed by the U.S. Fish and Wildlife Service for de-listing from the List of Endangered and Threatened Wildlife. However, at the present time, the species is still on the List of Endangered and Threatened Wildlife and is thus protected under the Endangered Species Act. Because such species still have legal Federal protection, the NHP will maintain existing records on the species, though new records might not necessarily be added. If the status becomes law prior to the next publication of the NHP Rare Animal List, the Program will remove the Federal designation from its database (and thus the species will no longer appear on printouts of Federally listed species). NHP may or may not continue to track the species, depending on its legal State status and other factors such as overall abundance and range in the state. eEndemics taken from Lee and Browning (unpublished). These species have been identif ed as a Southern Appalachian endemic sub-species (Audubon Watchlist species. Continental concern. Download available at ~t~~i~~i°.audubon.ora. 14 Appendixc B Scientific Names of Birds Listed Species Scient~c Name Turkey Vulture Cathartes aura Osprey Pandion halieatus Broad-winged Hawk Buteo laf pterus Spotted Sandpiper ctitis macularia fluffed Grouse Bonasa umbellus Mourning Dove Zenaida macroura Yellow-billed Cuckoo Coccyzus americanus Chimney Swift Chaetura pelagica Ruby-throated Hummingbird Archilocus colubris Belted Kingfisher Ceryle alcyon Red-bellied Woodpecker Melanerpes carolinus Downy Woodpecker Picoides pubescens Hairy Woodpecker Picoides villosus Northern Flicker Colaptes auratus Pileated Woodpecker Dryocopus pileatus Eastern Wood Peewee Contopus wens Acadian Flycatcher Empidonax virescens Eastern Phoebe Sayornis phoebe Great Crested Flycatcher Myiarchus crinitus Eastern Kingbird Tyrannus tyrannus White-eyed Vireo Vireo griseus Yellow-throated Vireo Vireo flavifrons Blue-headed Vireo Vireo solitarius Red-eyed Vireo Vireo olivaceus Blue Jay Cyanocitta cristata American Crow Corvus brachyrhynchas Barn Swallow Hirundo rustics Tree Swallow Tachycineta bicolor Northern Rough-winged Swall ow Ste/gidopteryx serripennis Carolina Chickadee Poecile carolinensis Tufted Titmouse Baeolophus bicolor White-breasted Nuthatch Sitta carolinensis Carolina Wren Thyrothorus ludovicianus Ruby-crowned Kinglet Regulus ca/endula Blue-gray Gnatcatcher Polioptila caerulea Veery Catharus fuscescens Wood Thrush Hylocichla mustelina American Robin Turdus migratorius Gray Catbird Dumatella carolinensis Brown Thrasher Toxostoma rufum Cedar Waxwing Bombycilla cedrorum Northern Parula Parula americans Chestnut-sided Warbler Dendroica pensylvanica Black-throated Blue Warbler Black-throated Green Warbler Yellow-throated Warbler Pine Warbler Cerulean Warbler Black and White Warbler American Redstart Worm-eating Warbler Swainson's Warbler Ovenbird Louisianna Waterthrush Kentucky Warbler Common Yellowthroat Hooded Warbler Scarlet Tanager Eastern Towhee Chipping Sparrow Field Sparrow Song Sparrow White-throated Sparrow Dark-eyed Junco Northern Cardinal Rase-breasted Grosbeak Indigo Bunting Red-winged Blackbird Brown-headed Cowbird House Finch American Goldfinch Dendroica caerulescens Dendroica virens Dendroica dominica Dendroica pinus Dendroica ceru/ea Mniotilta varia Setophaga ruticilla Helmitheros vermivora Limnothlypis swainsonii Seiurus aurocapil/us Seiurus motacilla Oporomis formosus Geothlypis trichas Wilsonia citrina Piranga o/icacea Pipilo erythrophfha/mus Spizella passerina Spizella pusilla Melospiza melodic Zonotrichia albicollis Junco hyemalis Cardinalis cardinalis Pheucticus ludovicianus Passerina cyanea Agelaius phoeniceus Molothrus ater Carpodacus mexicanus Carduelis tristis 15