20201982 Ver 1_Town of Hillsborough_Valley Forge Rd_USFWS Self Certification Package_11102020_20210202

'==— United States Department of the Interior r.RJ
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Ring FISH AND WILDLIFE SERVICE vf
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Raleigh Field Office
P.O. Box 33726
Raleigh, NC 27636-3726
Date: 1 1/1 0/2020
Self-Certification Letter
Town of Hillsborough-
Valley Forge Rd Culvert Replacement at Cates Creek
Project Name
Dear Applicant:
Thank you for using the U.S. Fish and Wildlife Service(Service)Raleigh Ecological
Services online project review process. By printing this letter in conjunction with your
project review package,you are certifying that you have completed the online project
review process for the project named above in accordance with all instructions
provided,using the best available information to reach your conclusions. This letter,
and the enclosed project review package, completes the review of your project in
accordance with the Endangered Species Act of 1973 (16 U.S.C. 1531-1544, 87 Stat.
884), as amended(ESA), and the Bald and Golden Eagle Protection Act(16 U.S.C.
668-668c, 54 Stat. 250), as amended(Eagle Act). This letter also provides
information for your project review under the National Environmental Policy Act of
1969 (P.L. 91-190,42 U.S.C. 4321-4347, 83 Stat. 852), as amended. A copy of this
letter and the project review package must be submitted to this office for this
certification to be valid. This letter and the project review package will be maintained
in our records.
The species conclusions table in the enclosed project review package summarizes
your ESA and Eagle Act conclusions. Based on your analysis,mark all the
determinations that apply:
"no effect"determinations for proposed/listed species and/or
✓ proposed/designated critical habitat; and/or
✓ "may affect,not likely to adversely affect"determinations for proposed/listed
species and/or proposed/designated critical habitat; and/or
"may affect, likely to adversely affect"determination for the Northern long-
eared bat(Myotis septentrionalis) and relying on the findings of the January 5,
2016,Programmatic Biological Opinion for the Final 4(d)Rule on the
Northern long-eared bat;
0 "no Eagle Act permit required"determinations for eagles.

Applicant Page 2
We certify that use of the online project review process in strict accordance with the
instructions provided as documented in the enclosed project review package results in
reaching the appropriate determinations. Therefore,we concur with the "no effect"or
"not likely to adversely affect"determinations for proposed and listed species and
proposed and designated critical habitat; the"may affect"determination for Northern
long-eared bat; and/or the"no Eagle Act permit required"determinations for eagles.
Additional coordination with this office is not needed. Candidate species are not
legally protected pursuant to the ESA. However,the Service encourages consideration
of these species by avoiding adverse impacts to them. Please contact this office for
additional coordination if your project action area contains candidate species.
Should project plans change or if additional information on the distribution of
proposed or listed species,proposed or designated critical habitat, or bald eagles
becomes available,this determination may be reconsidered. This certification letter is
valid for 1 year. Information about the online project review process including
instructions, species information, and other information regarding project reviews
within North Carolina is available at our website http://www.fws.gov/raleigh/pp.html.
If you have any questions,you can write to us at [e-mail] or please contact
Leigh Maim of this office at 919-856-4520, ext. 10.
Sincerely,
/s/Pete Benjamin
Pete Benjamin
Field Supervisor
Raleigh Ecological Services
Enclosures -project review package

Town of Hillsborough
Valley Forge Road Culvert Replacement
AGENT AUTHORIZATION FORM
9874311418,Remainder on Orange Co.,Town of
PROPERTY LEGAL DESCRIPTION:
--- --- Hillsborough,or TOH Public Greenwey Easement Property
LOT NO. PLAN NO. PARCEL ID:
STREET ADDRESS: b/w 401 - 410 Valley Forge Rd
Hillsborough, NC 27278
Please print: Town of Hillsborough
Property Owner:
Property Owner: ATTN: Eric Peterson
The undersigned, registered property owners of the above noted property, do hereby authorize
James Mason of Three Oaks Engineering, Inc.
(Contractor/Agent) (Name of consulting firm)
to act on my behalf and take all actions necessary for the processing, issuance and acceptance of
this permit or certification and any and all standard and special conditions attached.
Property Owner's Address (if different than property above):
PO Box 429, Hillsborough, NC 27278
Telephone: [phone]
We hereby certify the above information submitted in this application is true and accurate to the
best of our knowledge.
Eric J. Dlgitallysigned by Eric James
J.Peterson
Peterson oete717-:zozo04'00'.oa.�e Mason ����2��7�"������
105
Authorized Signature Authorized Signature
Date: 8/13/2020 Date: 8/12/2020

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United States Department of the Interior '�`"
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FISH AND WILDLIFE SERVICE
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%$ Raleigh Ecological Services Field Office
4 �,e Post Office Box 33726
Raleigh,NC 27636-3726
Phone: [phone] Fax: [phone]
In Reply Refer To: October 08, 2020
Consultation Code: 04EN2000-2021-SLI-0044
Event Code: 04EN2000-2021-E-00072
Project Name: Town of Hillsborough -Valley Forge Rd Culvert Replacement at Cates Creek
Subject: List of threatened and endangered species that may occur in your proposed project
location, and/or may be affected by your proposed project
To Whom It May Concern:
The species list generated pursuant to the information you provided identifies threatened,
endangered, proposed and candidate species, as well as proposed and final designated critical
habitat, that may occur within the boundary of your proposed project and/or may be affected by
your proposed project. The species list fulfills the requirements of the U.S. Fish and Wildlife
Service (Service) under section 7(c) of the Endangered Species Act(Act) of 1973, as amended
(16 U.S.C. 1531 et seq.).
New information based on updated surveys, changes in the abundance and distribution of
species, changed habitat conditions, or other factors could change this list. Please feel free to
contact us if you need more current information or assistance regarding the potential impacts to
federally proposed, listed, and candidate species and federally designated and proposed critical
habitat. Please note that under 50 CFR 402.12(e) of the regulations implementing section 7 of the
Act, the accuracy of this species list should be verified after 90 days. This verification can be
completed formally or informally as desired. The Service recommends that verification be
completed by visiting the ECOS-IPaC website at regular intervals during project planning and
implementation for updates to species lists and information.An updated list may be requested
through the ECOS-IPaC system by completing the same process used to receive the enclosed list.
Section 7 of the Act requires that all federal agencies (or their designated non-federal
representative), in consultation with the Service, insure that any action federally authorized,
funded, or carried out by such agencies is not likely to jeopardize the continued existence of any
federally-listed endangered or threatened species.A biological assessment or evaluation may be
prepared to fulfill that requirement and in determining whether additional consultation with the
Service is necessary. In addition to the federally-protected species list, information on the
species' life histories and habitats and information on completing a biological assessment or

10/08/2020 Event Code: 04EN2000-2021-E-00072 2
evaluation and can be found on our web page at http://www.fws.gov/raleigh. Please check the
web site often for updated information or changes
If your project contains suitable habitat for any of the federally-listed species known to be
present within the county where your project occurs, the proposed action has the potential to
adversely affect those species.As such, we recommend that surveys be conducted to determine
the species' presence or absence within the project area. The use of North Carolina Natural
Heritage program data should not be substituted for actual field surveys.
If you determine that the proposed action may affect (i.e., likely to adversely affect or not likely
to adversely affect) a federally-protected species, you should notify this office with your
determination, the results of your surveys, survey methodologies, and an analysis of the effects
of the action on listed species, including consideration of direct, indirect, and cumulative effects,
before conducting any activities that might affect the species. If you determine that the proposed
action will have no effect (i.e., no beneficial or adverse, direct or indirect effect) on federally
listed species, then you are not required to contact our office for concurrence (unless an
Environmental Impact Statement is prepared). However, you should maintain a complete record
of the assessment, including steps leading to your determination of effect, the qualified personnel
conducting the assessment, habitat conditions, site photographs, and any other related articles.
Please be aware that bald and golden eagles are protected under the Bald and Golden Eagle
Protection Act(16 U.S.C. 668 et seq.), and projects affecting these species may require
development of an eagle conservation plan (http://www.fws.gov/windenergy/
eagle_guidance.html).Additionally, wind energy projects should follow the wind energy
guidelines (http://www.fws.gov/windenergy/) for minimizing impacts to migratory birds and
bats.
Guidance for minimizing impacts to migratory birds for projects including communications
towers (e.g., cellular, digital television, radio, and emergency broadcast) can be found at: http://
www.fws.gov/migratorybirds/CurrentBirdlssues/Hazards/towers/towers.htm; http://
www.towerkill.com; and http://www.fws.gov/migratorybirds/CurrentBirdlssues/Hazards/towers/
comtow.html.
Not all Threatened and Endangered Species that occur in North Carolina are subject to section 7
consultation with the U.S Fish and Wildlife Service.Atlantic and shortnose sturgeon, sea
turtles,when in the water, and certain marine mammals are under purview of the National Marine
Fisheries Service. If your project occurs in marine, estuarine, or coastal river systems you should
also contact the National Marine Fisheries Service, http://www.nmfs.noaa.gov/
We appreciate your concern for threatened and endangered species. The Service encourages
Federal agencies to include conservation of threatened and endangered species into their project
planning to further the purposes of the Act. Please include the Consultation Tracking Number in
the header of this letter with any request for consultation or correspondence about your project
that you submit to our office. If you have any questions or comments, please contact John Ellis
of this office at [e-mail].

10/08/2020 Event Code: 04EN2000-2021-E-00072 3
Attachment(s):
• Official Species List

10/08/2020 Event Code: 04EN2000-2021-E-00072 1
Official Species List
This list is provided pursuant to Section 7 of the Endangered Species Act, and fulfills the
requirement for Federal agencies to "request of the Secretary of the Interior information whether
any species which is listed or proposed to be listed may be present in the area of a proposed
action".
This species list is provided by:
Raleigh Ecological Services Field Office
Post Office Box 33726
Raleigh, NC 27636-3726
[phone]

10/08/2020 Event Code: 04EN2000-2021-E-00072 2
Project Summary
Consultation Code: 04EN2000-2021-SLI-0044
Event Code: 04EN2000-2021-E-00072
Project Name: Town of Hillsborough-Valley Forge Rd Culvert Replacement at Cates
Creek
Project Type: TRANSPORTATION
Project Description: Valley Forge Rd Culvert Replacement at Cates Creek
Project Location:
Approximate location of the project can be viewed in Google Maps: https://
www.google.com/maps/place/36.061035080028574N79.09069815585147W
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Counties: Orange, NC

10/08/2020 Event Code: 04EN2000-2021-E-00072 3
Endangered Species Act Species
There is a total of 4 threatened, endangered, or candidate species on this species list.
Species on this list should be considered in an effects analysis for your project and could include
species that exist in another geographic area. For example, certain fish may appear on the species
list because a project could affect downstream species.
IPaC does not display listed species or critical habitats under the sole jurisdiction of NOAA
Fisheries', as USFWS does not have the authority to speak on behalf of NOAA and the
Department of Commerce.
See the "Critical habitats" section below for those critical habitats that lie wholly or partially
within your project area under this office's jurisdiction. Please contact the designated FWS office
if you have questions.
1. NOAA Fisheries, also known as the National Marine Fisheries Service (NMFS), is an
office of the National Oceanic and Atmospheric Administration within the Department of
Commerce.
Amphibians
NAME STATUS
Neuse River Waterdog Necturus lewisi Proposed
There is proposed critical habitat for this species.Your location is outside the critical habitat. Threatened
Species profile:https://ecos.fws.gov/ecp/species/6772
Fishes
NAME STATUS
Carolina Madtom Noturus furiosus Proposed
There is proposed critical habitat for this species.Your location is outside the critical habitat. Endangered
Species profile:https://ecos.fws.gov/ecp/species/528
Clams
NAME STATU?
Atlantic Pigtoe Fusconaia masoni Proposed
There is proposed critical habitat for this species.Your location is outside the critical habitat. Threatened
Species profile:https://ecos.fws.gov/ecp/species/5164
Dwarf Wedgemussel Alasmidonta heterodon Endangered
No critical habitat has been designated for this species.
Species profile:https://ecos.fws.gov/ecp/species/784

10/08/2020 Event Code: 04EN2000-2021-E-00072 4
Critical habitats
THERE ARE NO CRITICAL HABITATS WITHIN YOUR PROJECT AREA UNDER THIS OFFICE'S
JURISDICTION.

• ••• Roy Cooper,Governor
•• •• NC DEPARTMENT OF Susi Hamilton,Secretary
■■■■■ NATURAL AND CULTURAL RESOURCES
• Pm Walter Clark, Director, Land and Water Stewardship
NCNHDE-13031
October 8, 2020
Three Oaks
Three Oaks Engineering
324 Blackwell Street
Durham, NC 27701
RE: Town of Hillsborough - Valley Forge Rd Culvert Replacement at Cates Creek
Dear Three Oaks:
The North Carolina Natural Heritage Program (NCNHP) appreciates the opportunity to provide
information about natural heritage resources for the project referenced above.
A query of the NCNHP database indicates that there are records for rare species, important natural
communities, natural areas, and/or conservation/managed areas within the proposed project
boundary. These results are presented in the attached 'Documented Occurrences' tables and map.
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 documented within the project area or 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:
httos://www.fws.gov/offices/Di rectory/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.
Also please note that 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 an occurrence of a Federally-listed species is 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 [e-mail] or 919-707-8603.
Sincerely,
NC Natural Heritage Program
DEPARTMENT OF NATURAL AND CULTURAL RESOURCES
121 W.JONES STREET,RALEIGH,NC 27603 • 1651 MAIL SERVICE CENTER.RALEIGH,NC 27699
OFC 919.707.9120 • FAX [phone]

Natural Heritage Element Occurrences, Natural Areas, and Managed Areas Intersecting the Project Area
Town of Hillsborough - Valley Forge Rd Culvert Replacement at Cates Creek
October 8, 2020
NCNHDE-13031
Element Occurrences Documented Within Project Area
axonomic Scientific am ommon Name Last element Accuracy Federal State Global State
Group Observation Occurrence Status Status Rank Rank
Date Rank
Freshwater 11083 Villosa constricta Notched Rainbow 2019-07-26 E 3-Medium Threatened G3 S3
Bivalve
No Natural Areas are Documented within the Project Area
No Managed Areas Documented within the Project Area
Definitions and an explanation of status designations and codes can be found at httos://ncnhde.natureserve.ora/helo. Data query generated on October 8,2020;source: NCNHP,Q3 July 2020. 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 5

Natural Heritage Element Occurrences, Natural Areas, and Managed Areas Within a One-mile Radius of the Project Area
Town of Hillsborough - Valley Forge Rd Culvert Replacement at Cates Creek
October 8, 2020
NCNHDE-13031
Element Occurrences Documented Within a One-mile Radius of the Project Area
Taxonomic EO ID Scientific Name Common Name ast Element Accuracy Federal State Global State
Group Observation Occurrence Status Status Rank Rank
Date Rank A
Amphibian 690 Necturus lewisi Neuse River Waterdog 2012-02-20 C 3-Medium Proposed Special G2 S2
Threatened Concern
Butterfly 34564 Erynnis martialis Mottled Duskywing 1952-07-01 H 5-Very --- Significantly G3 S2
Low Rare
Dragonfly or 33764 Somatochlora Coppery Emerald 2004-Pre H? 5-Very --- Significantly G3G4 S2?
Damselfly georgiana Low Rare
Freshwater 7741 Alasmidonta undulata Triangle Floater 2007-09-13 E 3-Medium --- Threatened G4 S3
Bivalve
Freshwater 8012 Fusconaia masoni Atlantic Pigtoe 2008-08-14 BC 3-Medium Proposed Endangered G2 S3
Bivalve Threatened
Freshwater 22472 Lampsilis cariosa Yellow Lampmussel 2019-07-09 E 3-Medium --- Endangered G3G4 S3
Bivalve
Freshwater 8392 Lampsilis radiata Eastern Lampmussel 2017-10-20 E 3-Medium --- Threatened G5 S3
Bivalve
Freshwater 19958 Lasmigona subviridis Green Floater 2016-06-10 E 3-Medium --- Endangered G3 S2
Bivalve
Freshwater 19155 Strophitus undulatus Creeper 2015-05-29 E 3-Medium --- Threatened G5 S3
Bivalve
Freshwater 11083 Villosa constricta Notched Rainbow 2019-07-26 E 3-Medium --- Threatened G3 S3
Bivalve
Freshwater Fish5398 Ambloplites cavifrons Roanoke Bass 2019-11-05 E 3-Medium --- Significantly G3 S2
Rare
Natural 28438 Dry-Mesic --- 2015 B 2-High --- --- G4G5 S4
Community Oak--Hickory Forest
(Piedmont Subtype)
Natural 15796 Low Elevation Seep --- 2015 AB 2-High --- --- G4 S2
Community (Floodplain Subtype)
Natural 1274 Piedmont Alluvial --- 2015 B 2-High --- --- G4 S4
Community Forest
Natural 28437 Piedmont Monadnock --- 2010-04-14 B 2-High --- --- G3 S2
Community Forest (Heath
Subtype)
Page 3 of 5

Element Occurrences Documented Within a One-mile Radius of the Project Area
Taxonomic EO ID Scientific Name Common Name Element Accuracy Federal State Glotate
Group Observation Occurrence -Status Status Arki_Rank
_ Date Rank IlL
Natural 300 Piedmont/Coastal --- 2015 B 2-High --- --- G3 S3
Community Plain Heath Bluff
Natural Areas Documented Within a One-mile Radius of the Project Area
Site Name .111. Representational Rating j Collective Rating JIMIL Ill
Poplar Ridge Slopes and Bottom R2 (Very High) C4 (Moderate)
NEU/Eno River Aquatic Habitat R2 (Very High) C3 (High)
Managed Areas Documented Within a One-mile Radius of the Project Area
Managed Area Name Owner Type
Triangle Land Conservancy Easement Triangle Land Conservancy Private
James M. Johnston Nature Preserve Dedicated Classical American Homes Preservation State
Nature Preserve Trust
Orange Correctional Center NC Department of Public Safety State
Mountains-to-Sea Trail NC DNCR, Division of Parks and Recreation State
NC Clean Water Management Trust Fund Funded NC DNCR, Clean Water Management Trust State
Project Fund
Orange County Open Space - River Park Orange County Local Government
NC Division of Mitigation Services Easement NC DEQ, Division of Mitigation Services State
Orange County Easement Orange County Local Government
Definitions and an explanation of status designations and codes can be found at https://ncnhde.natureserve.ora/help. Data query generated on October 8,2020;source: NCNHP,Q3 July 2020. 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 4 of 5

NCNHDE-13031 : Town of Hillsborough - Valley Forge Rd Culvert Replacement at Cates Creek
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Page 5 of 5

NEER14/8
8,0,33,6*N
Three Oaks Engineering,Inc.
324 Blackwell Street, Suite 1200
Durham,NC 27701
[phone]
September 25, 2020
Town of Hillsborough
ATTN: Ken Hines, Public Works Director
101 E. Orange St., Hillsborough,NC 27278
Phone: [phone]
SUBJECT: Town of Hillsborough, Proposed Culvert Replacement on Valley Forge Road at
Cates Creek—Protected Species Survey Report
Dear Mr. Hines:
The Town of Hillsborough proposes the replacement of the existing culverts on Valley Forge Road at Cates
Creek in Hillsborough, Orange County, North Carolina(Appendix A, Figure 1). Three Oaks Engineering,
Inc. (Three Oaks) has been contracted, as a sub-consultant to Summit Design and Engineering Services
(Summit), to perform protected species surveys within the project study area. These surveys were
completed to satisfy Section 404/401 permitting requirements in the event that environmental permits are
required for the project. Aquatic surveys are addressed in more detail in a supplemental report, located in
Appendix B.
Please see the following memorandum for details regarding our survey efforts:
METHODOLOGY
Field work was conducted on August 18, 2020. The principal personnel contributing to the field work and
document were:
Principal
Investigator: James Mason
Education: M.S. Biology/Ecology,UNC—Charlotte, 2004
B.A. Biology, Colby College, 2000
Experience: Senior Environmental Scientist, Three Oaks Engineering, April 2018-Present
Environmental Program Consultant,NCDOT, 2006-2018
Responsibilities: Plant surveys,bald eagle assessment, document preparation and review
Principal
Investigator: Tom Dickinson, Permit No. WRC ES00343
Education: B.S. Forestry/Natural Resources, Sewanee: The University of the South, 2001
Experience: Environmental Supervisor/Aquatic Biologist, Three Oaks Engineering, June 2015-
present
Three Oaks Engineering threeaaksengineering.com

0
Environmental Scientist, The Catena Group. June 2003-June 2015
Responsibilities: Aquatic species surveys, aquatic species report preparation and review
Investigator: Mary Frazer
Education: B.S. Zoology, University of Wisconsin—Madison, 1988
M.E.M. Resource Ecology, Duke University, 1991
Experience: Biologist/Project Manager, Three Oaks Engineering,
Responsibilities: Aquatic species surveys, aquatic species report review
Investigator: Nathan Howell
Education: B.S. Fisheries,Wildlife, and Conservation Biology,North Carolina State University,
2013
M.S. Plant and Microbial Biology,North Carolina State University, 2015
Experience: Environmental Scientist, Three Oaks Engineering, October 2015 —Present
Responsibilities: Aquatic species surveys
Investigator: Lizzy Stokes-Cawley
Education: B.S. Conservation Biology, St. Lawrence University, 2011
M.E.M. Water Resources, Duke University, 2016
Experience: Environmental Scientist, Three Oaks Engineering, April 2017- Present
Responsibilities: Document preparation and review
ENDANGERED SPECIES ACT PROTECTED SPECIES SURVEY RESULTS
As of July 17, 2020, the United States Fish and Wildlife Service (USFWS) lists four federally protected
species, under the Endangered Species Act (ESA), for Orange County. Three additional species — one
listed as Proposed Endangered and two listed as Proposed Threatened — have been included due to the
potential that they will be listed during the life of this project. The bald eagle is listed by the USFWS under
the Bald and Golden Eagle Protection Act (BGPA). For each species, a discussion of the presence or
absence of habitat is included below along with the Biological Conclusion rendered based on survey results.
Table 1. ESA federally protected species listed for Orange County
Scientific Name Common Name Federal Habitat Biological
Status Present Conclusion
Haliaeetus leucocephalus Bald eagle BGPA No Not Required
Notropis mekistocholas Cape Fear shiner E No No Effect
Noturus furiosus Carolina madtom PE Yes MANLAA
Necturus lewisi Neuse River waterdog PT Yes _ MANLAA
Fusconaia masoni Atlantic pigtoe PT Yes _ MANLAA
Alasmidonta heterodon Dwarf wedgemussel E Yes MANLAA
Rhus michauxii* Michaux's sumac E Yes No Effect
Echinacea laevigata* Smooth coneflower E Yes No Effect
Note:BGPA—Bald and Golden Eagle Protection Act;E—Endangered;PE—Proposed Endangered;PT—Proposed Threatened;
T—Threatened;MANLAA—May Affect,Not Likely to Adversely Affect
* Historical - Based on NC Natural Heritage Program (NCNHP) information, this taxon is considered to be historical in the
county, meaning that all recorded occurrences are either extirpated, have not been found in recent surveys, or have not been
surveyed recently enough to be confident they are still present.
Three Oaks Engineering threeoaksengineering.com

0
Bald eagle
USFWS Optimal Survey Window: year-round
Biological Conclusion: Not Required
The bald eagle is protected under the Bald and Golden Eagle Protection Act and enforced by the
USFWS. Due to its protection status, a Biological Conclusion is Not Required for this species.
Habitat for the bald eagle primarily consists of mature forests in proximity to large bodies of open
water for foraging. Large dominant trees are utilized for nesting sites, typically within 1.0 mile of
open water.
A desktop-GIS assessment of the project study area, as well as the area within a 1.13-mile radius
of the project limits, was performed on August 12, 2020 using the most recently available
orthoimagery. Water bodies large enough or sufficiently open to be considered a potential feeding
source were not identified. Since there is no potential foraging habitat within the review area, a
survey of the project study area and the area within 660 feet of the project limits was not required.
A review of the July 2020 NCNHP dataset revealed no known occurrences of this species within
the project footprint or within 1.0 mile of the study area. Due to the lack of known occurrences and
habitat, and minimal impact anticipated for this project, it has been determined that this project will
not affect this species.
Cape Fear shiner
USFWS Optimal Survey Window: April-June (tributaries); year-round(large rivers)
Biological Conclusion: No Effect
This species is listed by the USFWS as a "range by basin" species. This project does not occur
within this species'range per the USFWS Information for Planning and Consultation(IPaC)website
(https://ecos.fws.gov/ipac/);therefore, surveys are not required. A review of the July 2020 NCNHP
dataset indicates no known occurrences of this species within the project study area or within close
proximity of the project.
Carolina madtom
USFWS Optimal Survey Window: year-round
Biological Conclusion: May Affect,Not Likely to Adversely Affect
This species is listed by the USFWS as a"range by basin" species. This project does occur within
this species' range and Cates Creek has potential to be considered habitat. Please see the attached
Aquatic Species Survey Report for more details (Appendix B).
Neuse River waterdog
USFWS Optimal Survey Window: year-round; winter months for trapping
Biological Conclusion: May Affect,Not Likely to Adversely Affect
This species is listed by the USFWS as a"range by basin" species. This project does occur within
this species' range and Cates Creek has potential to be considered habitat. Please see the attached
Aquatic Species Survey Report for more details (Appendix B).
Three Oaks Engineering threeoaksengineering.com

Atlantic pigtoe
USFWS Optimal Survey Window: year-round
Biological Conclusion: May Affect,Not Likely to Adversely Affect
This species is listed by the USFWS as a"range by basin" species. This project does occur within
this species' range and Cates Creek has potential to be considered habitat. Please see the attached
Aquatic Species Survey Report for more details (Appendix B).
Dwarf wedgemussel
USFWS Optimal Survey Window: year-round; mid-May—late September (optimal)
Biological Conclusion: May Affect,Not Likely to Adversely Affect
This species is listed by the USFWS as a"range by basin" species. This project does occur within
this species' range and Cates Creek has potential to be considered habitat. Please see the attached
Aquatic Species Survey Report for more details (Appendix B).
Michaux's sumac
USFWS Optimal Survey Window: May-October
Biological Conclusion: No Effect
This species is listed by the USFWS as a Historical species for Orange County; however, habitat is
present along the roadside and within upland portions of the power line right of way. A plant-by-
plant survey was completed on August 18,2020 by Three Oaks staff. No individuals were identified
during the survey. A review of the July 2020 NCNHP dataset indicates no known occurrences
within the project footprint or within proximity of the study area. The closest occurrence is
approximately 4.5 miles outside of the project area.
Smooth coneflower
USFWS Optimal Survey Window: late May-October
Biological Conclusion: No Effect
This species is listed by the USFWS as a Historical species in Orange County; however, habitat is
present along the roadside and within upland portions of the power line right of way. A plant-by-
plant survey was completed on August 18,2020 by Three Oaks staff. No individuals were identified
during the survey. A review of the July 2020 NCNHP dataset indicates no known occurrences
within the project footprint or within proximity of the study area. The closest occurrence is
approximately 2.3 miles outside of the project area.
Please let me know if you have any questions regarding the results of the protected species assessment or
if you require any additional information.
Sincerely,
James Digitally signed by James
Mason
Mason Date:2020.11.10 14:02:55
05'00'
James Mason, PWS
Project Manager
Three Oaks Engineering, Inc.
Three Oaks Engineering threeoaksengineering.com

Appendix A
Figures
Three Oaks Engineering threeoaksengineering.com

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Appendix B
Aquatic Species Survey Report
Three Oaks Engineering threeoaksengineering.com

Aquatic Species Survey Report
Culvert Replacement on Valley Forge Road at Cates Creek
Orange County, North Carolina
r iY e
a•
s
•
•
. . .77 .
Cates Creek downstream from proposed crossing during surveys
Prepared For:
1-OW N OF H I LLSBOROUGH
Town of Hillsborough
PO Box 429, Hillsborough,NC 27278
September 25, 2020

Prepared by:
v
324 Blackwell Street, Suite 1200
Durham,NC 27701
Contact Person:
Tom Dickinson
[e-mail]
919-732-1300

Table of Contents
1.0 Introduction 1
2.0 Target Protected and Proposed Species Descriptions 2
2.1 Dwarf Wedgemussel (Alasmidonta heterodon) 2
2.1.1. Species Characteristics 2
2.1.2. Distribution and Habitat Requirements 2
2.1.3. Threats to Species 3
2.2 Atlantic Pigtoe (Fusconaia masoni) 4
2.2.1. Species Characteristics 4
2.2.2. Distribution and Habitat Requirements 5
2.2.3. Threats to Species 5
2.2.4. Designated Critical Habitat 5
2.3 Neuse River Waterdog (Necturus lewisi) 7
2.3.1. Species Characteristics 7
2.3.2. Distribution and Habitat Requirements 7
2.3.3. Threats to Species 8
2.3.4. Designated Critical Habitat 8
2.4 Carolina Madtom (Noturus furiosus) 9
2.4.1. Species Characteristics 9
2.4.2. Distribution and Habitat Requirements 9
2.4.3. Threats to Species 10
2.4.4. Designated Critical Habitat 10
3.0 Survey Efforts 10
3.1 Stream Conditions of Reach Evaluated: Cates Creek 10
3.2 Methodology 11
3.2.1. Mussels 11
3.2.2. Carolina Madtom 11
3.2.3. Neuse River Waterdog 12
4.0 Results 12
4.1 Mussels 12
4.2 Carolina Madtom 13
4.3 Neuse River Waterdog 13
5.0 Conclusions 13
6.0 Literature Cited 15
Appendix A:
Figure 1: Project Vicinity & Survey Reach
Figure 2-1 to 2-4: NCNHP Element Occurrences and Designated Critical Habitats
Appendix B: Select Photographs

1.0 INTRODUCTION
The Town of Hillsborough proposes the replacement of the existing culverts on Valley Forge
Road at Cates Creek in Hillsborough, Orange County,North Carolina (Figure 1). The federally
Endangered Dwarf Wedgemussel (Alasmidonta heterodon, DWM) is known to occur in Orange
County. The Atlantic Pigtoe (Fusconaia masoni) is also known to occur in the county and was
proposed for listing under the Endangered Species Act (ESA) as a Threatened Species with
Section 4(d) Rule and Critical Habitat Designation on October 11, 2018. The Neuse River
Waterdog (Necturus lewisi) and Carolina Madtom (Noturus furiosus) are both known to occur in
Orange County. On May 22, 2019, these two species were also proposed for listing under the
ESA as a Threatened Species (Neuse River Waterdog) and an Endangered Species (Carolina
Madtom)with Critical Habitat Designation proposed for both species and a Section 4(d)Rule
proposed for the Neuse River Waterdog. Further, the US Fish and Wildlife Service (USFWS)
Information, Planning, and Consultation(IPaC) system lists the DWM, Atlantic Pigtoe,Neuse
River Waterdog, and Carolina Madtom as species that could potentially be affected by activities
in this location(USFWS IPaC 2020).
As such, Three Oaks Engineering, Inc. (Three Oaks)was contracted to perform surveys/habitat
evaluations in Cates Creek targeting mussels, Carolina Madtom, and Neuse River Waterdog.
Tables 1 lists the nearest element occurrence (EO) records in approximate river miles (RM) for
these species relative to the project crossing. Data is according to the NC Natural Heritage
Program database (NCNHP 2020), most recently updated in July 2020 (Appendix A, Figures 2-1
through 2-4).
Table 1—Element Occurrences
Distance
from
EO crossing First Last EO
Species Name EO ID Waterbody (RM) Observed Observed Status* Figure
6458 Eno River 10.4 July 1995 July 1995 H
Dwarf Swift and
Wedgemussel 13799 Middle >50 March 1991 Fe ruary 2-1
Creeks
Atlantic Pigtoe 8012 Eno River 1.1 1951 August C 2-2
2008
Neuse River February
Waterdog 690 Eno River 1.1 March 1966 2012 C 2-3
19717 Eno River 21.6 August 1961 August
Carolina Madtom 1961 2-4
13953 Little River >50 1998 July 2018 C
*: C—NCNHP Current;H—NCNHP Historic
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2.0 TARGET PROTECTED AND PROPOSED SPECIES DESCRIPTIONS
2.1 Dwarf Wedgemussel (Alasmidonta heterodon)
2.1.1. Species Characteristics
The DWM was originally described as Unio heterodon (Lea 1829). Simpson(1914)
subsequently placed it in the genus Alasmidonta. Ortmann(1919)placed it in a monotypic
subgenus Prolasmidonta,based on the unique soft-tissue anatomy and conchology. Fuller
(1977)believed the characteristics of Prolasmidonta warranted elevation to full generic rank and
renamed the species Prolasmidonta heterodon. Clarke (1981) retained the genus name
Alasmidonta and considered Prolasmidonta to be a subjective synonym of the subgenus
Pressodonta (Simpson 1900).
The specific epithet heterodon refers to the chief distinguishing characteristic of this species,
which is the only North American freshwater mussel that consistently has two lateral teeth on the
right valve and only one on the left(Fuller 1977). All other laterally dentate freshwater mussels
in North America normally have two lateral teeth on the left valve and one on the right. The
DWM is generally small, with a shell length ranging between 25 millimeters (mm) (1.0 inch) and
38 mm(1.5 inches). The largest specimen reported by Clarke (1981) was 56.5 mm (2.2 inches)
long, taken from the Ashuelot River in New Hampshire. The periostracum is generally olive
green to dark brown; the nacre is bluish to silvery white, turning to cream or salmon colored
towards the umbonal cavities. Sexual dimorphism occurs in DWM, with the females having a
swollen region on the posterior slope, while the males are generally flattened. Clarke (1981)
provides a detailed description of the species.
Nearly all freshwater mussel species have similar reproductive strategies: a larval stage
(glochidium)becomes a temporary obligatory parasite on a fish. Many mussel species have
specific fish hosts, which must be present to complete their life cycle. Based upon laboratory
infestation experiments, Michaelson and Neves (1995) determined that potential fish hosts for
the DWM in North Carolina include the Tessellated Darter(Etheostoma olmstedi) and the
Johnny Darter(E. nigrum). McMahon and Bogan (2001) and Pennak (1989) should be consulted
for a general overview of freshwater mussel reproductive biology.
2.1.2. Distribution and Habitat Requirements
The historic range of the DWM is confined to Atlantic slope drainages from the Peticodiac River
in New Brunswick, Canada, south to the Neuse River,North Carolina. Occurrence records exist
from at least 70 locations, encompassing 15 major drainages, in 11 states and one Canadian
Province (USFWS 1993). When the recovery plan for this species was written, the DWM was
believed to have been extirpated from all but 36 localities, 14 of them in North Carolina
(USFWS 1993). The most recent assessment(USFWS 2013) indicates that the DWM is
currently found in 16 major drainages, comprising approximately 75 "sites" (one site may have
multiple occurrences). At least 45 of these sites are based on less than five individuals or solely
on relict shells. It appears that the populations in North Carolina, Virginia, and Maryland are
declining as evidenced by low densities, lack of reproduction, or inability to relocate any
individuals in follow-up surveys. Populations in New Hampshire, Massachusetts, and
Cates Creek Valley Forge Road Aquatic Surveys September 2020
Three Oaks Job#20-617 Page 2

Connecticut appear to be stable, while the status of populations in the Delaware River watershed
affected by the multiple flood events between 2004 and 2006 are still being studied(USFWS
2013).
Strayer et al. (1996) conducted range-wide assessments of remaining DWM populations and
assigned a population status to each of the populations. The status rating is based on range size,
number of individuals and evidence of reproduction. Seven of the 20 populations assessed were
considered"poor," and two others are considered"poor to fair" and"fair to poor,"respectively.
In North Carolina,populations are found in portions of the Neuse and Tar River basins; however,
they are believed to have been extirpated from the main stem of the Neuse River.
The DWM inhabits creeks and rivers of varying sizes (down to approximately two meters wide),
with slow to moderate flow. A variety of preferred substrates have been described that range
from coarse sand, to firm muddy sand, to gravel (USFWS 1993). In North Carolina, DWM often
occurs within submerged root mats along stable streambanks. The wide range of substrate types
used by this species suggests that the stability of the substrate is likely as important as the
composition.
2.1.3. Threats to Species
The cumulative effects of several factors, including sedimentation,point and non-point
discharge, stream modifications (impoundments, channelization, etc.)have contributed to the
decline of this species throughout its range. Except for the Neversink River population in New
York, which has an estimated population of over 80,000 DWM individuals, all the other
populations are generally small in numbers and restricted to short reaches of isolated streams.
The low numbers of individuals and the restricted range of most of the surviving populations
make them extremely vulnerable to extirpation from a single catastrophic event or activity
(Strayer et al. 1996). Catastrophic events may consist of natural events such as flooding or
drought, as well as human influenced events such as toxic spills associated with highways,
railroads, or industrial-municipal complexes.
Siltation resulting from substandard land-use practices associated with activities such as
agriculture, forestry, and land development has been recognized as a major contributing factor to
degradation of mussel populations. Siltation has been documented to be extremely detrimental
to mussel populations by degrading substrate and water quality, increasing potential exposure to
other pollutants, and direct smothering of mussels (Ellis 1936, Marking and Bills 1979).
Sediment accumulations of less than one inch have been shown to cause high mortality in most
mussel species (Ellis 1936). In Massachusetts, a bridge construction project decimated a
population of the DWM because of accelerated sedimentation and erosion (Smith 1981).
Sewage treatment effluent has been documented to significantly affect the diversity and
abundance of mussel fauna(Goudreau et al. 1988). Goudreau et al. (1988) found that recovery
of mussel populations may not occur for up to two miles below points of chlorinated sewage
effluent.
Cates Creek Valley Forge Road Aquatic Surveys September 2020
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The impact of impoundments on freshwater mussels has been well documented(USFWS 1992a,
Neves 1993). Construction of dams transforms lotic habitats into lentic habitats, which results in
changes in aquatic community composition. The changes associated with inundation adversely
affect both adult and juvenile mussels, as well as fish community structure, which could
eliminate possible fish hosts for upstream transport of glochidia. Muscle Shoals on the
Tennessee River in northern Alabama, once the richest site for naiads (mussels) in the world, is
now at the bottom of Wilson Reservoir and covered with 19 feet of muck(USFWS 1992b).
Large portions of all the river basins within the DWM's range have been impounded; this is
believed to be a major factor contributing to the decline of the species (Master 1986).
The introduction of exotic species such as the Asian Clam(Corbiculafluminea) and Zebra
Mussel (Dreissena polymorpha) has also been shown to pose significant threats to native
freshwater mussels. The Asian Clam is now established in most of the major river systems in the
United States (Fuller and Powell 1973), including those streams still supporting surviving
populations of the DWM. Concern has been raised over competitive interactions for space, food
and oxygen with this species and native mussels, possibly at the juvenile stages (Neves and
Widlak 1987, Alderman 1995). The Zebra Mussel, native to the drainage basins of the Black,
Caspian, and Aral Seas, is an exotic freshwater mussel that was introduced into the Great Lakes
in the 1980s and has rapidly expanded its range into the surrounding river basins, including those
of the South Atlantic slope (O'Neill and MacNeill 1991). This species competes for food
resources and space with native mussels and is expected to contribute to the extinction of at least
20 freshwater mussel species if it becomes established throughout most of the eastern United
States (USFWS 1992b). The Zebra Mussel is not currently known from any river in North
Carolina.
2.2 Atlantic Pigtoe (Fusconaia masoni)
2.2.1. Species Characteristics
The Atlantic Pigtoe was described by Conrad(1834) from the Savannah River in Augusta,
Georgia. Although larger specimens exist, the Atlantic Pigtoe seldom exceeds 50 mm(2 inches)
in length. This species is tall relative to its length, except in headwater stream reaches where
specimens may be elongated. The hinge ligament is relatively short and prominent. The
periostracum is normally brownish, has a parchment texture, and young individuals may have
greenish rays across the entire shell surface. The posterior ridge is biangulate. The interdentum
in the left valve is broad and flat. The anterior half of the valve is thickened compared with the
posterior half, and, when fresh, nacre in the anterior half of the shell tends to be salmon colored,
while nacre in the posterior half tends to be more iridescent. The shell has full dentation. In
addition to simple papillae, branched and arborescent papillae are often seen on the incurrent
aperture. In females, salmon colored demibranchs are often seen during the spawning season.
When fully gravid, females use all four demibranchs to brood glochidia(VDGIF 2014).
The Atlantic Pigtoe is a tachytictic (short-term)breeder,brooding young in early spring and
releasing glochidia in early summer. The Bluegill (Lepomis macrochirus) and Shield Darter
(Percina peltata)have been identified as potential fish hosts for this species (O'Dee and Waters
2000). Additional research has found Rosefin Shiner(Lythrurus ardens), Creek Chub (Semotilus
atromaculatus), and Longnose Dace (Rhynichthys cataractae) are also suitable hosts (Wolf
Cates Creek Valley Forge Road Aquatic Surveys September 2020
Three Oaks Job#20-617 Page 4

2012). Eads and Levine (2011) found White Shiner(Luxilus albeolus), Satinfin Shiner
(Cyprinella analostana), Bluehead Chub (Nocomis leptocephalus), Rosyside Dace (Clinostomus
funduloides), Pinewoods Shiner(Lythrurus matutinus), Creek Chub, Swallowtail Shiner
(Notropis procne), and Mountain Redbelly Dace (Chrosomus oreas) to also be suitable hosts for
Atlantic Pigtoe.
2.2.2. Distribution and Habitat Requirements
Johnson(1970)reported the range of the Atlantic Pigtoe extended from the Ogeechee River
Basin in Georgia north to the James River Basin in Virginia; however, recent curation of the H.
D. Athearn collection uncovered valid specimens from the Altamaha River in Georgia(Sarah
McRae, USFWS,personal communication). It is presumed extirpated from the Catawba River
Basin in North and South Carolina south to the Altamaha River Basin (USFWS 2018a). The
general pattern of its current distribution indicates that the species is currently limited to
headwater areas of drainages and most populations are represented by few individuals. In North
Carolina, aside from the Waccamaw River, it was once found in every Atlantic Slope river basin.
Except for the Tar River, it is no longer found in the main stem of the rivers within its historic
range (Savidge et al. 2011). It is state listed as Endangered in Georgia, South Carolina, and
North Carolina, and as Threatened in Virginia. It has a NatureServe rank of G2 (imperiled).
The Atlantic Pigtoe has been found in multiple physiographic provinces, from the foothills of the
Appalachian Mountains through the Piedmont and into the Coastal Plain, in streams less than
one meter wide to large rivers. The preferred habitat is a substrate composed of gravel and
coarse sand, usually at the base of riffles; however, it can be found in a variety of other substrates
and lotic habitat conditions.
2.2.3. Threats to Species
Threats to the Atlantic Pigtoe are similar to those described for the DWM and have contributed
to the decline of this species throughout its range. Atlantic Pigtoe appears to be particularly
sensitive to pollutants and requires clean, oxygen-rich water for all stages of life. All the
remaining Atlantic Pigtoe populations are generally small in numbers and restricted to short
reaches of isolated streams. The low numbers of individuals and the restricted range of most of
the surviving populations make them extremely vulnerable to extirpation from a single
catastrophic event.
2.2.4. Designated Critical Habitat
As mentioned in Section 1.0, the Atlantic Pigtoe is proposed for listing under the Endangered
Species Act(ESA) as a Threatened Species with Section 4(d) Rule and Critical Habitat
Designation. In accordance with Section 4 of the ESA, Critical Habitat for listed species consists
of:
(1) The specific areas within the geographical area occupied by the species at the time it is
listed, in which are found those physical or biological features (constituent elements)that
are:
Cates Creek Valley Forge Road Aquatic Surveys September 2020
Three Oaks Job#20-617 Page 5

a. essential to the conservation of the species, and
b. which may require special management considerations or protection
(2) Specific areas outside the geographical area occupied by the species at the time it is listed
in accordance with the provisions of Section 4 of the Act, upon a determination by the
Secretary that such areas are "essential for the conservation of the species."
On October 11, 2018, USFWS proposed the Atlantic Pigtoe as a Threatened species under the
ESA. Critical habitat designation provided at that time (CFR Vol. 52 No. 186) consisted of the
following:
• Unit 1 -29 RM (46.7 river kilometers [km]; RK) of Craig Creek in Craig and Botetourt
Counties, Virginia.
• Unit 2 - 1 RM (1.6 RK) of Mill Creek in Bath County, Virginia
• Unit 3 - 3 RM (4.8 RK) of the Middle James River in Fluvanna and Buckingham
Counties, Virginia
• Unit 4 - 50 RM (80.5 RK) of the Nottoway River in Nottoway, Lunenburg, Brunswick,
Dinwiddie, and Greenville Counties, Virginia
• Unit 5 - 5 RM (8 RK) of the Meherrin River in Brunswick County, Virginia
• Unit 6 - 7 RM (11.3 RK) of the Dan River in Pittsylvania County, Virginia and
Rockingham County,North Carolina
• Unit 7 - 12 RM (19.3 RK) of Aarons Creek in Granville County,North Carolina and
along the Mecklenburg County-Halifax County line in Virginia and North Carolina
• Unit 8 - 85 RM (136.8 RK) of the mainstem of the upper and middle Tar River as well as
several tributaries (Bear Swamp Creek, Crooked Creek, Cub Creek, and Shelton Creek),
in North Carolina
• Unit 9 - 8 RM (93.3 RK) of Sandy/Swift Creek in Granville, Vance, Franklin, and Nash
Counties,North Carolina
• Unit 10 - 85 RM (136.8 RK) in Fishing Creek, Little Fishing Creek, Shocco Creek, and
Maple Branch located in Warren, Halifax, Franklin, and Nash Counties,North Carolina
• Unit 11 - 30 RM (48.3 RK) of the Lower Tar River and Fishing Creek in Edgecombe
County,North Carolina
• Unit 12 - 60 RM (95 RK) in four subunits including Flat River, Little River, Eno River,
and the Upper Eno River
• Unit 13 - 61 RM (98.2 RK) in five subunits including Swift Creek, Middle Creek, Upper
Little River, Middle Little River, and Contentnea Creek, in North Carolina
• Unit 14 - 6 RM (9.7 RK) of habitat in the New Hope Creek in Orange County,North
Carolina
• Unit 15 - 10 RM (16.1 RK) in Randolph County,North Carolina, including the mainstem
as well as Richland Creek and Brush Creek
• Unit 16 -40 RM (64.4 RK) of Little River in Randolph and Montgomery Counties,North
Carolina
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Critical Habitat Unit 12 occurs 1.1 RM downstream of the project area, more specifically the
Eno River subunit, which consists of 18 RM (29 RK) in Orange and Durham Counties,North
Carolina, from below Eno Mountain Road to NC 15-501 (Figure 2-2).
2.3 Neuse River Waterdog (Necturus lewist)
2.3.1. Species Characteristics
The Neuse River Waterdog is a fully aquatic salamander and was first described by C.S. Brimley
in 1924 as a subspecies of the Common Mudpuppy (N. maculosus); it was elevated to species
status in 1937 by Percy Viosca, Jr.
The Neuse River Waterdog generally ranges in size from 6-9 inches (15.24—22.86 cm) in
length; with a maximum length of 11 inches (27.94 cm). It has a somewhat stocky, cylindrical
body with smooth skin, a rather flattened, elongate head with a squared-off nose, and small
limbs. The tail is vertically flattened with fins on both the top and bottom. Distinct from most
salamanders, the Neuse River Waterdog, and other Necturus species, have four toes on each foot.
The Neuse River Waterdog is a rusty brown color on the dorsal side and dull brown or slate
colored on the ventral side. Both dorsal and ventral sides are strongly spotted but the ventral side
tends to have fewer and smaller markings; spots are dark bluish to black. They also have a dark
line running through the eye. Adults are neotenous and retain three bushy, dark red external gills
usually seen in larval amphibians. Both male and female are similar in appearance and can be
distinguished only through differences in the shape and structure of the cloaca(Beane and
Newman 1996; Conant and Collins 1998; EDGE of Existence 2016).
Individuals become sexually mature at approximately 5-6 years of age. Breeding normally
occurs in the spring. The male deposits a gelatinous spermatophore that is picked up by the
female and used to fertilize between 30-50 eggs. The fertilized eggs are attached to the
underside of flat rocks or other submerged objects and guarded by the female until they hatch in
June or July(Conant and Collins 1998; EDGE of Existence 2016). The longevity of the Neuse
River Waterdog is unknown. However, its close relative,Necturus maculosus, may live for over
30 years (USFWS 2018c).
2.3.2. Distribution and Habitat Requirements
The Neuse River Waterdog is found only in the Neuse and Tar River basins of North Carolina
(AmphibiaWeb 2006; Beane and Newman 1996; Frost 2016).
Neuse River Waterdogs inhabit rivers and larger streams,where they prefer leaf beds in quiet
waters. They need high levels of dissolved oxygen and good water quality. The Neuse River
Waterdog is generally found in backwaters off the main current, in areas with sandy or muddy
substrate. Adults construct retreats on the downstream side of rocks or in the stream bank where
they remain during the day. They are active during the night, leaving these retreats to feed.
Neuse River Waterdogs are carnivorous, feeding on invertebrates, small vertebrates, and carrion.
Neuse River Waterdogs are most active during winter months even when temperatures are below
freezing. During summer months, they will burrow into deep leaf beds and are rarely found. It
has been suggested that this inactivity in summer may be an adaptation to avoid fish predators,
Cates Creek Valley Forge Road Aquatic Surveys September 2020
Three Oaks Job#20-617 Page 7

which are more active at these times. In addition,Neuse River Waterdogs produce a defensive,
toxic skin secretion that is assumed to be distasteful to predators (AmphibiaWeb 2006; Beane
and Newman 1996; Conant and Collins 1998; EDGE of Existence 2016; NatureServe Explorer
2016).
2.3.3. Threats to Species
Any factors that reduce water quality are threats to the Neuse River Waterdog. These can
include changes that result in siltation and pollution reducing habitat quality(e.g. channelization,
agricultural runoff, and industrial and urban development). Impoundments are also a threat to
the dispersal of the species as it is unable to cross upland habitat; Neuse River Waterdogs do not
climb and are unlikely to use fish passages (NatureServe Explorer 2016).
2.3.4. Designated Critical Habitat
As mentioned in Section 1.0, on May 22, 2019, the Neuse River Waterdog was proposed for
listing under the ESA as a Threatened Species with Section 4(d) Rule and Critical Habitat
Designation. Critical habitat designation provided at that time (CFR Vol. 84 No. 99) consisted
of the following:
• Unit 1 - 8.6 RM (13.8 RK) of the Upper Tar River in Granville County
• Unit 2 - 10.5 RM (16.9 RK) of Upper Fishing Creek in Warren County
• Unit 3 - 63 RM (101 RK) of lower Little Fishing Creek in Halifax,Nash, and Edgecombe
Counties.
• Unit 4 - 68 RM (110 RK) segment of Sandy Creek and Red Bud Creek in Franklin,Nash,
and Edgecombe Counties
• Unit 5 - 100 RM (161 RK) segment of the Middle Tar River in Franklin, Nash, and
Edgecombe Counties
• Unit 6 - 60 RM (96.6 RK) in the Lower Tar River Subbasin including portions of Town
Creek, Otter Creek, and Tyson Creek in Edgecombe and Pitt Counties
• Unit 7 -41.5 RM (66.8 RK) of the Eno River in Orange and Durham Counties
• Unit 8 - 17.4 RM (28 RK) segment of the Flat River in Person and Durham Counties
• Unit 9 - 7.6 RM (12.2 RK) stretch of Middle Creek in Wake and Johnston Counties
• Unit 10 - 23.35 RM (37.6 RK) stretch of Swift Creek in Johnston County
• Unit 11 - 89.6 RM (144.2 RK) segment of the Little River including Buffalo Creek in
Franklin, Wake, Johnston, and Wayne Counties
• Unit 12 - 18.7 RM (30 RK) segment of Mill Creek in Johnston and Wayne Counties
The subject crossing is located approximately 1.1 RM upstream of the proposed Critical Habitat
Unit 7 in the Eno River(Figure 2-3).
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2.4 Carolina Madtom (Noturus furiosus)
2.4.1. Species Characteristics
The Carolina Madtom (a small catfish) was described at Milburnie, near Raleigh,NC in the
Neuse River by Jordan and Meek(Jordan 1889). The Carolina Madtom reaches a maximum size
of 132 mm(5.2 inches). Compared to other madtoms within its range, it has a relatively short
stout body and a distinctive color pattern of three to four dark saddles along its back that connect
a long black stripe on the side running from the snout to the tail. The adipose fin is mostly dark,
making it appear that the fish has a fourth saddle. The Madtom is tan on the rest of its body and
yellow to tan between the saddles. The adipose fin and caudal fin are fused together, a
distinguishing characteristic from other members of the catfish family(Ictaluridae). There are no
speckles on the Madtom's belly, and the tail has two brown bands that follow the curve of the
tail. The Carolina Madtom, like other catfishes, has serrae on its pectoral fins and is thought to
have the most potent venom of any of the catfish species (NCWRC 2010).
2.4.2. Distribution and Habitat Requirements
The Carolina Madtom is endemic to the Piedmont/Inner Coastal Plain portion of the Tar/Pamlico
and Neuse River basins. It occurs in creeks and small rivers in habitats generally consisting of
very shallow riffles with little current over coarse sand and gravel substrate (Lee et al. 1980).
Burr et al. (1989) found most records came from medium to large streams, i.e. mainstem Neuse
and Tar Rivers and their major tributaries. The population in the Trent River system(part of the
Neuse River basin) is isolated from the rest of the Neuse River basin by salinity levels, so it is
therefore considered a separate population, though it has not been detected in Trent River in the
last five years (Sarah McRae, USFWS,personal communication). In the lower portions of these
rivers, Carolina Madtom is usually found over debris piles in sandy areas. During nesting
season, which is from May to July, Madtoms prefer areas with plenty of cover to build their nests
with shells, rocks, sticks, bottles, and cans being suitable cover types. Males guard the nests, in
which females may lay between 80 and 300 eggs.
The Carolina Madtom is found in water that ranges from clear to tannin-rich, which is usually
free-flowing. It is generally rare throughout its range and is apparently in decline. The Tar
River population has historically been more robust than the Neuse River population(Burr et al.
1989), which has shown declines in recent years (Midway 2008). The Little River has the largest
population of Madtom in the Neuse River Basin (source?),with records from 2017 indicating the
Madtom is present(Tom Dickinson,personal observations). A few specimens have been
collected from Swift Creek of the Neuse River Basin. Fishing Creek and Swift Creek of the Tar
River Basin are also productive systems in regard to Carolina Madtom populations, with around
14 specimens collected in the mid-1980s from Swift Creek(water levels in Fishing Creek
prevented sampling during that study). In 2016, a total of 17 individuals were recorded in Swift
Creek, and a total of four individuals were recorded in Fishing Creek(Sarah McRae, USFWS,
personal communication). The Carolina Madtom has been observed in at least 36 localities
(Burr et al. 1989).
The Carolina Madtom has a lifespan of about four years,with sexual maturity being reached
around two years in females and three years in males. Sampling for Carolina Madtom is most
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effective at dawn and dusk when they are most active and feeding (Mayden and Burr 1981).
Their diet consists mostly of benthic macroinvertebrates, which they collect by scavenging for
food on the bottom of the stream.
2.4.3. Threats to Species
Identified threats to the species include water pollution and construction of impoundments (Burr
et al. 1989). The Carolina Madtom is susceptible to threats due to its limited range and low
population densities (Angermeier 1995, Burr and Stoekel 1999). As a bottom-dwelling fish,
Carolina Madtom is susceptible to habitat loss when stream bottoms are impacted by
urbanization, impoundments, deforestation, etc.
2.4.4. Designated Critical Habitat
As mentioned in Section 1.0, on May 22, 2019, the Carolina Madtom was proposed for listing
under the ESA as an Endangered Species with Critical Habitat Designation. Critical habitat
designation provided at that time (CFR Vol. 84 No. 99) consisted of the following:
• Unit 1 —26 RM (42 RK) of Tar River in Franklin, Granville, and Vance Counties
• Unit 2—66 RM (106 RK) of Sandy/Swift Creek in Edgecombe, Franklin, Halifax,Nash,
and Warren Counties
• Unit 3 — 86 RM (138 RK) of the Fishing Creek Subbasin in Edgecombe, Franklin,
Halifax,Nash, and Warren Counties
• Unit 4—20 RM (32 RK) of the Upper Neuse River Subbasin(Eno River) in Durham and
Orange Counties
• Unit 5 —28 RM (45 RK) of the Little River in Johnston County
• Unit 6— 15 RM (24 RK) of Contentnea Creek in Wilson County
• Unit 7— 15 RM (24 RK) of the Trent River in Jones County
The subject crossing is located approximately 3.2 RM upstream of the proposed Critical Habitat
Unit 4 in the Eno River(Figure 2-4).
3.0 SURVEY EFFORTS
Habitat evaluations and surveys for target species were conducted August 18, 2020,by Three
Oaks personnel Tom Dickinson (Permit 20-ES00343), Mary Frazer, and Nathan Howell.
3.1 Stream Conditions of Reach Evaluated: Cates Creek
The channel in this portion of Cates Creek ranged from four to eight meters wide,with banks up
to one meter high that ranged from stable to exhibiting significant erosion and instability.
Habitat within the majority of the reach consisted of a moderate gradient sequence of riffle, run,
and pool. Substrates consisted of a cobble and gravel dominant mix with significant components
of sand and silt. Areas of exposed bedrock were consistently noted and provided grade control
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where present. Gravel/cobble bars were common, as were root mats lining the banks. Several
historical crossing structures were noted in the downstream reach; additionally, a recently
installed culvert had become blocked with woody debris resulting in a temporary fish migration
barrier and instability. Several areas of construction gravel and rip rap had accumulated instream
and in the floodplain below Valley Forge Drive.
3.2 Methodology
Habitat evaluations and surveys for mussels, Carolina Madtom, and Neuse River Waterdog were
conducted from approximately 1,312 feet (400 meters) downstream of the crossing to
approximately 328 feet(100 meters)upstream for a distance of approximately 1,640 feet(500
meters; Figure 1).
3.2.1.Mussels
Areas of appropriate habitat were searched, concentrating on the stable habitats preferred by the
target species. The survey team spread out across the creek into survey lanes. Visual surveys
were conducted using glass bottom view buckets (bathyscopes). Tactile methods were
employed,particularly in streambanks under submerged rootmats. Timed survey efforts
provided Catch Per Unit Effort(CPUE) data for each species. Relative abundance for freshwater
snails and freshwater clam species were estimated using the following criteria:
> (VA)Very abundant> 30 per square meter
> (A)Abundant 16-30 per square meter
> (C) Common 6-15 per square meter
> (U)Uncommon 3-5 per square meter
> (R)Rare 1-2 per square meter
> (P-)Ancillary adjective "Patchy" indicates an uneven distribution of the species within the
sampled site.
3.2.2. Carolina Madtom
During the mussel survey effort for the project, the presence of preferred habitats for the
Carolina Madtom were assessed and targeted visual surveys were conducted by overturning
rocks and debris in these areas. It was determined that these visual surveys were insufficient due
to the volume and size of potential cover objects,which mostly consisted of cobble in this
portion of Cates Creek. As such, electrofishing surveys were conducted as part of these efforts
to establish a representative fish community for the site. The fish surveys were conducted within
the reach using one Smith Root LR-24 backpack electrofishing unit and dip nets. All habitat
types in the survey reach (riffle, run,pool, slack-water, etc.)were sampled. Stunned fish were
identified, assigned a relative abundance, and released live onsite.
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Relative abundance reported was estimated using the following criteria:
> (VA)Very abundant: > 30 collected at survey reach
> (A)Abundant: 16-30 collected at survey reach
➢ (C) Common: 6-15 collected at survey reach
> (U)Uncommon: 3-5 collected at survey reach
➢ (R)Rare: 1-2 collected at survey reach
It should be noted that relative abundances of particular species can be affected by survey
methodologies and site conditions. Thus, some species,particularly those that are found in
deeper pools and runs and those that can seek cover quickly, may be under-represented, or not
detected within the survey reach.
3.2.3.Neuse River Waterdog
Neuse River Waterdog habitat was evaluated as part of the mussel and Carolina Madtom surveys
for this project. When present, the Neuse River Waterdog can readily be captured with visual
surveys and while electroshocking,which were conducted throughout the survey reach during
mussel and fish surveys. Additional dip net sweeps through leaf packs and underneath
submerged rootmats were conducted to supplement these efforts. Due to the small size of the
stream, known barriers present downstream, and habitat conditions observed, it was determined
full winter trapping methods were not necessary.
4.0 RESULTS
The survey results by target species are presented as follows.
4.1 Mussels
A total of 4 person hours of mussel survey time were spent in the reach,with a single relic shell
of one species of freshwater mussel, the Eastern Elliptio (Elliptio complanata), representing the
only evidence found (Table 2). The only other mollusk species located was the Asian Clam
(Corbiculafluminea).
Table 2. CPUE for Freshwater Mussels in Cates Creek
Abundance/
Scientific Name Common Name #found CPUE
Freshwater Mussels CPUE
Elliptio complanata Eastern Elliptio Relic shell
Relative
Freshwater Snails and Clams Abundance
Corbicula fluminea Asian Clam — U
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4.2 Carolina Madtom
A total of 14 fish species were captured during the efforts in 1,266 seconds of intermittent
shocking time (Table 3). The Carolina Madtom was not observed, and the fish community was
typical for a stream of the size and hydrologic position.
Table 3.Fish Survey Results: Cates Creek
Scientific Name Common Name Relative Abundance
Ameiurus brunneus Snail Bullhead R
Ameiurus natalis Yellow Bullhead U
Clinostomus funduloides Rosyside Dace A
Etheostoma flabellare Fantail Darter C
Etheostoma nigrum Johnny Darter U
Gambusia holbrooki Eastern Mosquitofish C
Hypentelium nigricans Northern Hogsucker U
Lepomis auritus Redbreast Sunfish VA
Lepomis cyanellus Green Sunfish U
Lepomis macrochirus Bluegill A
Luxilus albeolus White Shiner C
Notemigonus crysoleucas Golden Shiner C
Nocomis leptocephalus Bluehead Chub VA
Semotilus atromaculatus Creek Chub VA
4.3 Neuse River Waterdog
The Neuse River Waterdog was not observed during these efforts. Further trapping was
determined not to be warranted based on the results of these surveys, small stream size, and
habitat conditions.
5.0 CONCLUSIONS
These efforts provide updated survey data for mussels, Carolina Madtom, and Neuse River
Waterdog for the Valley Forge Road culvert replacement project. The target species were not
located during the efforts. While no live mussels were located, the Eastern Elliptio evidence
found indicates a mussel fauna is present in the area. The fish survey results indicate an
assemblage typical for a stream of Cates Creek's size and location. The Neuse River Waterdog
was not observed during the surveys for mussels and Carolina Madtom,which was determined to
be sufficient for the waterdog. Further, the stream is of a smaller size from where the Neuse
River Waterdog and Carolina Madtom are typically located. Known instream barriers
downstream of the project area may also be limiting migration of aquatic species from the Eno
River to the project site.
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While these efforts did not locate the target species,potential habitats are present and as such, the
presence of species not observed cannot be altogether ruled out based on a one-time survey.
Several of the target species are known from the mainstem Eno River(Section 1.0). Strict
adherence to erosion control standards should minimize the potential for any adverse effects to
occur.
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APPENDIX A
Figures
Cates Creek Valley Forge Road Aquatic Surveys September 2020
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NCNHP Element Occurrences: 20-617
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, 1.) Dwarf Wedgemussel Drawn By.
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d Valley Forge Road sea.
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IIM Element Occurrence: Carolina Madtom / �95w n' 7s! ,, a
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I Sources:Esri,HERE. Garmin, []SGS,Inf''Pmap, INCREMENL P
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Aquatic Species Survey August 2020 Figure
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r Carolina Madtom Drawn Cl: Checked By:
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APPENDIX B
Select Photographs
Cates Creek Valley Forge Road Aquatic Surveys September 2020
Three Oaks Job#20-617 Page 26

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Cates Creek Valley Forge Road Aquatic Surveys September 2020
Three Oaks Job#20-617 Page 27

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Cates Creek Valley Forge Road Aquatic Surveys September 2020
Three Oaks Job#20-617 Page 28

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Cates Creek Valley Forge Road Aquatic Surveys September 2020
Three Oaks Job#20-617 Page 29

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Cates Creek Valley Forge Road Aquatic Surveys September 2020
Three Oaks Job#20-617 Page 30