Resource Report 3 – Fish, Wildlife, and Vegetation
Transcription
Resource Report 3 – Fish, Wildlife, and Vegetation
ATLANTIC COAST PIPELINE, LLC ATLANTIC COAST PIPELINE Docket No. PF15-6-000 and DOMINION TRANSMISSION, INC. SUPPLY HEADER PROJECT Docket No. PF15-5-000 Resource Report 3 Fish, Wildlife, and Vegetation Draft Prepared by May 2015 Resource Report 3 Fish, Wildlife, and Vegetation Summary of Required Federal Energy Regulatory Commission Report Information Minimum Filing Requirements: 1. Classify the fishery type of each surface waterbody that would be crossed, including fisheries of special concern. (§ 380.12(c)(1)) This includes commercial and sport fisheries as well as Coldwater and warmwater fishery designations and associated significant habitat. 2. Describe terrestrial and wetland wildlife and habitats that would be affected by the project. (§ 380.12(e)(2)) Describe typical species with commercial, recreational, or aesthetic value. 3. Describe the major vegetative cover types that would be crossed and provide the acreage of each vegetative cover type that would be affected by construction. (§ 380.12(e)(3)) Include unique species or individuals and species of special concern. Include nearshore habitats of concern. 4. Describe the effects of construction and operation procedures on the fishery resources and proposed mitigation measures. (§380.12(e)(4)) Be sure to include offshore effects, as needed. 5. Evaluate the potential for short-tem, long-tem, and permanent impact on the wildlife resources and statelisted endangered or threatened species caused by construction and operation of the project and proposed mitigation measures. (§ 380.12(c)(4)) 6. Identify all federally listed or proposed endangered or threatened species that potentially occur in the vicinity of the project and discuss the results of the consultations with other agencies. Include survey reports as specified in § 380.12(e)(5). See § 380.13(b) for consultation requirements. Any surveys required through § 380.13(b)(5)(I) must have been conducted and the results included in the Application. 7. Identify all federally listed essential fish habitat (EFH) that potentially occurs in the vicinity of the project and the results of abbreviated consultations with NMFS, and any resulting EFH assessment. (§ 380.12(e)(6)) 8. Describe any significant biological resources that would be affected. Describe impact and any mitigation proposed to avoid or minimize that impact. (§ 380.12(e)(4&7)) For offshore species be sure to include effects of sedimentation, changes to substrate, effects of blasting, etc. This information is needed on a mile-by-mile basis and will require completion of geophysical and other surveys before filing. Additional Information: Report Section Reference Section 3.1; Appendix 2A and 2B of Resource Report 2 Sections 3.2 and 3.3 Sections 3.2.1, 3.2.1.2, 3.2.1.3, 3.2.3, Tables 3.2.1-5, 3.2.4-1. Sections 3.1.4 and 3.1.5 Sections 3.2.4 and 3.3.2; Table 3.2.1-2 Section 3.7 Section 3.1.6 Sections 3.1.4, 3.2.3, 3.3.2, 3.4.3, 3.6.1, 3.7.1.3, 3.7.2.3, 3.7.3.1 Report Section Reference Provide copies of correspondence from federal and state fish and wildlife agencies along with responses to their commendations to avoid or limit impact on wildlife, fisheries, and vegetation. Provide a list of significant wildlife habitats crossed by the project. Specify locations by milepost, and include length and width of crossing at each significant wildlife habitat. Provide a description of invasive and noxious weeds that could be found within the project area 3-i Appendix 1H and 1I of Resource Report 1 Tables 3.2.3-1, 3.4.1-1 Section 3.2.2 Resource Report 3 Fish, Wildlife, and Vegetation TABLE OF CONTENTS 3.0 RESOURCE REPORT 3 – FISH, WILDLIFE, AND VEGETATION .................... 3-1 3.1 FISHERIES .......................................................................................................... 3-3 3.1.1 Fisheries Classifications........................................................................... 3-4 3.1.2 Existing Fisheries Resources ................................................................... 3-8 3.1.3 Fisheries of Special Concern ................................................................. 3-15 3.1.4 General Impacts and Mitigation............................................................. 3-23 3.1.5 Site-Specific Impacts and Mitigation..................................................... 3-28 3.1.6 Essential Fish Habitat ............................................................................ 3-28 3.2 VEGETATION .................................................................................................. 3-33 3.2.1 Existing Vegetation Resources .............................................................. 3-33 3.2.2 Invasive Plant Species............................................................................ 3-54 3.2.3 Construction and Operation Impacts and Mitigation ............................. 3-57 3.2.4 Site-Specific Impacts and Mitigation..................................................... 3-61 3.3 WILDLIFE ......................................................................................................... 3-64 3.3.1 Description of Wildlife .......................................................................... 3-64 3.3.2 Construction and Operations Impacts and Mitigation ........................... 3-68 3.4 MIGRATORY BIRDS....................................................................................... 3-72 3.4.1 Important Bird Areas ............................................................................. 3-72 3.4.2 Migratory Birds in the Project Area....................................................... 3-72 3.4.3 Impacts on Migratory Birds ................................................................... 3-74 3.5 BALD AND GOLDEN EAGLES ..................................................................... 3-77 3.6 MARINE MAMMALS ...................................................................................... 3-79 3.6.1 Impacts on Marine Mammals ................................................................ 3-80 3.7 ENDANGERED AND THREATENED SPECIES........................................... 3-81 3.7.1 Federally Listed and Proposed Species.................................................. 3-81 3.7.2 U.S. Forest Service Species ................................................................. 3-100 3.7.3 State/Commonwealth-Listed Species .................................................. 3-102 3.8 REFERENCES ................................................................................................ 3-107 LIST OF TABLES Table 3.1.1-1 Table 3.1.1-2 Table 3.1.1-3 Table 3.1.1-4 Table 3.1.1-5 Table 3.1.2-1 Table 3.1.3-1 Table 3.1.3-2 Table 3.1.3-3 West Virginia Fisheries Classifications ......................................................... 3-5 Virginia Fisheries Classifications .................................................................. 3-5 Virginia Trout Waters Classifications ........................................................... 3-6 North Carolina Fisheries Classification ......................................................... 3-7 Pennsylvania Fisheries Classifications .......................................................... 3-8 Representative Fish Species in Waterbodies Crossed by the Atlantic Coast Pipeline and Supply Header Project .................................................... 3-9 Waterbodies with Rare Fish Crossed by the Atlantic Coast Pipeline in West Virginia ............................................................................................... 3-16 Virginia Fisheries Timing Restrictions ........................................................ 3-18 Significant Aquatic Endangered Habitats Crossed by the Atlantic Coast Pipeline in North Carolina ........................................................................... 3-22 3-ii Resource Report 3 Table 3.1.3-4 Table 3.1.6-1 Table 3.2.1-1 Table 3.2.1-2 Table 3.2.1-3 Table 3.2.1-4 Table 3.2.1-5 Table 3.2.1-6 Table 3.2.3-1 Table 3.2.4-1 Table 3.2.4-2 Table 3.3.1-1 Table 3.4.1-1 Table 3.7.1-1 Table 3.7.3-1 Fish, Wildlife, and Vegetation Natural Heritage Program Natural Areas Crossed by the Atlantic Coast Pipeline in North Carolina ........................................................................... 3-23 Summary of Essential Fish Habitat and General Habitat Parameters for the Atlantic Coast Pipeline ..................................................................... 3-31 Summary Statistics for Ecoregions Affected by the Atlantic Coast Pipeline and Supply Header Project ............................................................ 3-34 Upland Forest/Woodland Crossed by the Atlantic Coast Pipeline and Supply Header Project ................................................................................. 3-38 Unique, Sensitive, and Protected Vegetation Communities Crossed by the Atlantic Coast Pipeline and Supply Header Project............................... 3-41 Ecological Integrity Units and Sensitive Communities Crossed by the Atlantic Coast Pipeline in Virginia .............................................................. 3-43 Upland Forested Habitats Crossed in Federal Land for the Atlantic Coast Pipeline .............................................................................................. 3-51 Crossings of Red Spruce Forest in the Monongahela National Forest ........ 3-52 Upland Habitats Crossed by the Atlantic Coast Pipeline............................. 3-58 Unique, Sensitive, and Protected Vegetation Communities Affected by the Atlantic Coast Pipeline and Supply Header Project.......................... 3-62 Upland Habitats Crossed in the National Forests by the Atlantic Coast Pipeline ........................................................................................................ 3-63 Typical Wildlife Species by Ecoregion for the Atlantic Coast Pipeline and Supply Header Project........................................................................... 3-65 Important Bird Areas Occurring in the Vicinity of the Atlantic Coast Pipeline and Supply Header Project ............................................................ 3-73 Federally Listed Plant Survey Timing Windows ......................................... 3-93 State/Commonwealth-listed Endangered and Threatened Species Potentially Occurring in the Atlantic Coast Pipeline Area and Supply Header Project Area ................................................................................... 3-104 LIST OF FIGURES Figure 3.2.1-1 Major Ecoregions Crossed ........................................................................... 3-35 LIST OF APPENDICES Appendix 3A Appendix 3B Appendix 3C Vegetative Communities and Sub-Communities Within the Atlantic Coast Pipeline and Supply Header Projects Federally Listed Species Potentially Occurring Within the Vicinity of the Atlantic Coast Pipeline and Supply Header Projects Migratory Birds of Conservation Concern Within the Vicinity of the Atlantic Coast Pipeline and Supply Header Projects 3-iii Resource Report 3 Fish, Wildlife, and Vegetation LIST OF ACRONYMS AND ABBREVIATIONS °F ACP AFSA AGL Atlantic ATWS BBS BCC bcf/d BCR BGEPA BR CA CCB Certificate CFR Commission CSR CWF Dominion DPS Dth/d DTI Duke Energy EFH ELMR EPA ER ESA ESC Plan ESFO FERC FWS GAP GWNF HDD HDD Plan HIERE HQW IMAP IPaC System LRMP M&R MACP degrees Fahrenheit Atlantic Coastline Pipeline anadromous fish spawning areas AGL Resources, Inc. Atlantic Coastline Pipeline, LLC additional temporary workspace Breeding Bird Survey Birds of Conservation Concern billion cubic feet per day Bird Conservation Region Bald and Golden Eagle Protection Act Blue Ridge ecoregion Central Appalachian ecoregion Center for Conservation Biology Certificate of Public Convenience and Necessity Code of Federal Regulations Federal Energy Regulatory Commission Code of State Regulation Cold Water Fisheries Dominion Resources, Inc. Distinct Population Segment dekatherms per day Dominion Transmission, Inc. Duke Energy Corporation essential fish habitat Estuarine Living Marine Resources U.S. Environmental Protection Agency Environmental Report Endangered Species Act Erosion and Sediment Control Plan Ecological Services Field Offices Federal Energy Regulatory Commission U.S. Fish and Wildlife Service Gap Analysis Program George Washington National Forest horizontal directional drill Horizontal Directional Drill Fluid Monitoring, Operations, and Contingency Plan Highlands Institute for Environmental Research and Education High Quality Waters Important Mammal Areas Project Information Planning and Conservation System Land and Resource Management Plan metering and regulating Mid-Atlantic Coastal Plain ecoregion 3-iv Resource Report 3 MBTA MF MIS MMPA MNF MP MSA NCAC NCDACS NCDENR NCDMF NCDWR NCMFC NCNHP NCWRC NHI NHP NOAA Fisheries NOAA NP NPS NRCS NSW OPR PADEP PDCNR PFBC PGC Piedmont Plan PNDI Procedures Projects RFSS RV SCU SHP SP SPCC SVTU TSF USC USDA USDOT USFS Fish, Wildlife, and Vegetation Migratory Bird Treaty Act Migratory Fishes Management Indicator Species Marine Mammal Protection Act Monongahela National Forest milepost Magnuson-Stevens Fishery Conservation and Management Act North Carolina Administrative Code North Carolina Department of Agriculture and Consumer Services North Carolina Department of Environment and Natural Resources North Carolina Division of Marine Fisheries North Carolina Division of Water Resources North Carolina Marine Fisheries Commission North Carolina Natural Heritage Program North Carolina Wildlife Resource Commission National Heritage Inventory Natural Heritage Program National Oceanic and Atmospheric Administration, National Marine Fisheries Service National Oceanic and Atmospheric Administration Northern Piedmont ecoregion National Park Service Natural Resources Conservation Service nutrient sensitive waters Office of Protected Resources Pennsylvania Department of Environmental Protection Pennsylvania Department of Conservation and Natural Resources Pennsylvania Fish and Boat Commission Pennsylvania Game Commission Piedmont Natural Gas Co., Inc. Upland Erosion Control, Revegetation, and Maintenance Plan Pennsylvania Natural Diversity Inventory Wetland and Waterbody Construction and Mitigation Procedures Atlantic Coastline Pipeline and Supply Header Project Regional Forester Sensitive Species Ridge and Valley ecoregion Stream Conservation Unit Supply Header Project Southern Plains ecoregion Spill, Prevention, Control, and Countermeasures Plan Shenandoah Valley Chapter of Trout Unlimited Trout Stocking Fisheries United States Code U.S. Department of Agriculture U.S. Department of Transportation U.S. Forest Service 3-v Resource Report 3 USGS VAC VDACS VDCR VDGIF WAP WERMS WMA WNS WVCSR WVDEP WVDNR WVMSP WVNHP WWF Fish, Wildlife, and Vegetation U.S. Geological Survey Virginia Administrative Code Virginia Department of Agriculture and Consumer Services Virginia Department of Conservation and Recreation Virginia Department of Game and Inland Fisheries Western Allegheny Plateau Wildlife Environmental Review Map Service Wildlife Management Area white-nose syndrome West Virginia Code of State Rules West Virginia Department of Environmental Protection West Virginia Division of Natural Resources West Virginia Mussel Survey Protocols West Virginia Natural Heritage Program Warm Water Fisheries 3-vi ATLANTIC COAST PIPELINE – Docket No. PF15-6-000 and SUPPLY HEADER PROJECT – Docket No. PF15-5-000 3.0 RESOURCE REPORT 3 – FISH, WILDLIFE, AND VEGETATION Atlantic Coast Pipeline Atlantic Coast Pipeline, LLC (Atlantic) is a company formed by four major U.S. energy companies – Dominion Resources, Inc. (Dominion; NYSE: D), Duke Energy Corporation (Duke Energy; NYSE: DUK), Piedmont Natural Gas Co., Inc. (Piedmont; NYSE: PNY), and AGL Resources, Inc. (AGL; NYSE: GAS). The company was created to develop, own, and operate the proposed Atlantic Coast Pipeline (ACP), an approximately 556-mile-long, interstate natural gas transmission pipeline system designed to meet growing energy needs in Virginia and North Carolina. The ACP will be capable of delivering 1.5 billion cubic feet per day (bcf/d) 1 of natural gas to be used to generate electricity, heat homes, and run local businesses. The underground pipeline Project will facilitate cleaner air, increase the reliability and security of natural gas supplies, and provide a significant economic boost in West Virginia, Virginia, and North Carolina. More information is provided at the company’s website at www.dom.com/acpipeline. Atlantic has contracted with Dominion Transmission, Inc. (DTI), a subsidiary of Dominion, to permit, build, and operate the ACP on behalf of Atlantic. 2 Atlantic is seeking authorization from the Federal Energy Regulatory Commission (FERC or Commission) under Section 7(c) of the Natural Gas Act to construct, own, operate, and maintain the following proposed facilities for the ACP: Mainline Pipeline Facilities: AP-1: approximately 292.8 miles of 42-inch outside diameter natural gas transmission pipeline in Harrison, Lewis, Upshur, Randolph, and Pocahontas Counties, West Virginia; Highland, Augusta, Nelson, Buckingham, Cumberland, Prince Edward, Nottoway, Dinwiddie, Brunswick, and Greensville Counties, Virginia; and Northampton County, North Carolina. AP-2: approximately 181.5 miles of 36-inch outside diameter natural gas transmission pipeline in Northampton, Halifax, Nash, Wilson, Johnston, Sampson, Cumberland, and Robeson Counties, North Carolina. Lateral Pipeline Facilities: 1 2 AP-3: approximately 77.6 miles of 20-inch outside diameter natural gas lateral pipeline in Northampton County, North Carolina; and Greensville and Southampton Counties and the Cities of Suffolk and Chesapeake, Virginia. The 1.5 bcf/d is equivalent to approximately 1.5 million dekatherms per day (Dth/d). The bcf/d unit of measurement is used to refer to the capacity of the ACP system. The Dth/d measurement is used to refer to contractual obligations (as set forth in Table 1.2-1). As described in this report, DTI actions associated with the ACP are on behalf of Atlantic. 3-1 Resource Report 3 Fish, Wildlife, and Vegetation AP-4: approximately 3.1 miles of 16-inch outside diameter natural gas lateral pipeline in Brunswick County, Virginia. AP-5: approximately 1.0 mile of 16-inch outside diameter natural gas lateral pipeline in Greensville County, Virginia. Compressor Station Facilities: Compressor Station 1: a new, natural gas-fired compressor station approximately at milepost (MP) 6.8 of the AP-1 mainline in Lewis County, West Virginia. Compressor Station 2: a new, natural gas-fired compressor station approximately at MP 186.0 of the AP-1 mainline in Buckingham County, Virginia. Compressor Station 3: a new natural gas-fired compressor station approximately at MP 292.8 of the AP-1 mainline in Northampton County, North Carolina. Other Aboveground Facilities: Nine new metering and regulating (M&R) stations at receipt and/or delivery points along the new pipelines (including one at Compressor Station 1 and one at Compressor Station 2). Twenty-nine valve sites at select points along the new pipelines at intervals specified by U.S. Department of Transportation (USDOT) regulations at Title 49 Code of Federal Regulations (CFR) Part 192. Eight sets of pig launcher and/or receiver sites at 11 points along the new pipelines (including launcher/receiver sites at Compressor Stations 2 and 3). As required by 18 CFR 380.12, Atlantic is submitting this Environmental Report (ER) in support of its Application to the Commission for a Certificate of Public Convenience and Necessity (Certificate) to construct and operate the proposed ACP facilities. Supply Header Project DTI proposes to construct and operate approximately 36.7 miles of pipeline loop and modify existing compression facilities in Pennsylvania and West Virginia. This Project, referred to as the Supply Header Project (SHP), will enable DTI to provide firm transportation service of up to 1.5 bcf/d to various customers, including Atlantic. Atlantic will be a “Foundation Shipper” in the SHP, and will utilize the SHP capacity to allow its shippers access to natural gas supplies from various DTI receipt points for further delivery to points along the ACP. DTI is seeking authorization from the FERC under Section 7(c) of the Natural Gas Act to construct, own, operate, and maintain the following proposed facilities for the SHP: 3-2 Resource Report 3 Fish, Wildlife, and Vegetation Pipeline Loops: TL-636: approximately 3.9 miles of 30-inch outside diameter natural gas pipeline looping DTI’s existing LN-25 pipeline in Westmoreland County, Pennsylvania. TL-635: approximately 32.8 miles of 36-inch outside diameter natural gas pipeline looping DTI’s existing TL-360 pipeline in Harrison, Doddridge, Tyler, and Wetzel Counties, West Virginia. Compressor Station Modifications: JB Tonkin Compressor Station: modifications at DTI’s existing JB Tonkin Compressor Station in Westmoreland County, Pennsylvania. Crayne Compressor Station: modifications at DTI’s existing Crayne Compressor Station in Greene County, Pennsylvania. Burch Ridge Compressor Station: crossover piping at DTI’s existing Burch Ridge Compressor Station in Marshall County, West Virginia. Mockingbird Hill Compressor Station: modifications at or near DTI’s existing Mockingbird Hill Compressor Station in Wetzel County, West Virginia. Other Aboveground Facilities: Five valve sites at select points along the new pipeline loops at intervals specified by USDOT regulations at 49 CFR 192. Two sets of pig launcher and receiver sites at the ends of each of the new pipeline loops. As required by 18 CFR 380.12, DTI is submitting this ER in support of its Application to the Commission for a Certificate to construct and operate the proposed SHP facilities. Scope Resource Report 3 This Resource Report describes the existing fish, wildlife, and vegetation resources that will be directly and indirectly affected by the ACP and SHP (collectively, the Projects). It covers expected impacts on these resources, including potential effects on biodiversity, from construction and operation of the facilities, as well as the mitigation measures that are proposed to reduce these impacts. Copies of correspondence with applicable agencies are provided in Appendices 1H (ACP) and 1I (SHP) of Resource Report 1, respectively. 3.1 FISHERIES This section of Resource Report 3 describes fisheries resources present in waterbodies crossed by the proposed ACP and SHP facilities. Fisheries information is based on review of existing, publically available information including U.S. Geological Survey (USGS) topographic maps, aerial photographs, and spatial data layers; results from wetland and waterbody field 3-3 Resource Report 3 Fish, Wildlife, and Vegetation surveys; and consultation with Federal and State/Commonwealth resource agencies. Threatened and endangered fish species are discussed in Section 3.7 below. Based on field surveys and National Hydrography Database data, the proposed ACP pipeline facilities will cross 998 waterbodies, consisting of 379 perennial streams, 533 intermittent and ephemeral streams, 61 canal/ditch features, and 25 open water ponds. Additionally, ACP access roads identified will cross 92 waterbodies, including 33 perennial streams, 53 intermittent and ephemeral streams, 2 canal/ditch features, and 4 open water ponds. The proposed SHP pipeline facilities will cross 51 waterbodies, consisting of 39 perennial streams and 12 intermittent streams. SHP access roads have not been identified to date. More detailed information on the waterbodies crossed by the proposed ACP and SHP facilities is provided in Section 2.2.2 and Tables 2A-1 and 2A-2 in Appendix 2A of Resource Report 2. 3.1.1 Fisheries Classifications Fisheries that could be affected by the Projects are classified according to water temperature (warmwater or coldwater), type of use (commercial or recreational/sport fishing), salinity levels (marine, estuarine, or freshwater), and/or life cycle (anadromous, catadromous, resident). Anadromous fish are marine fishes that require freshwater areas to spawn, whereas catadromous fish are freshwater species that migrate to marine waters for reproduction. Some States/Commonwealths do not have specific fisheries classifications, but have surface water designated use classifications that include the Protection and Propagation of Fish, Shellfish, and Wildlife (i.e., Aquatic Life Use). Within some States/Commonwealths, the Aquatic Life Use classification is often divided into several more specific categories or subcategories, including for coldwater fish, warmwater fish, and shellfish. The State/Commonwealth-specific fisheries classifications or aquatic life designated use categories and/or sub categories for the Projects are described in the subsections below. In addition to fisheries or designated use classifications, regulations for water quality standards require all States/Commonwealths to establish a three-tiered antidegradation policy to protect water quality, and in turn, aquatic habitats. The antidegradation implementation procedures in each State/Commonwealth include considerations specific to fisheries resources. The antidegradation policies and surface water designations for West Virginia, Virginia, North Carolina, and Pennsylvania are described in Section 2.2.3 in Resource Report 2. The fisheries classifications for streams crossed by the proposed ACP in and SHP facilities are listed in Tables 2A-1 and 2A-2 in Appendix 2A of Resource Report 2. 3.1.1.1 West Virginia West Virginia Code of State Rules (CSR) established Water Use Categories A through E for waters of the State. With regard to fisheries classifications, streams and rivers are assigned to Water Use Category B: Propagation and Maintenance of Fish and Other Aquatic Life. Within this category, West Virginia subclassifies fisheries as either warmwater fishery streams (B1) or trout waters (B2) (WVCSR, 2014). High Quality Waters (HQW) are part of West Virginia’s antidegradation policy. This designation is the only category in West Virginia for the protection of stocked trout waters that do not support trout year round (West Virginia Code of State Rules [WVCSR], 2014). Table 3.1.1-1 defines each waterbody classification in detail. 3-4 Resource Report 3 Fish, Wildlife, and Vegetation TABLE 3.1.1-1 West Virginia Fisheries Classifications Designation a Classification Description a Designating Agency b Warmwater Fishery Streams B1 WVDEP Trout Waters B2 Warmwater fishery streams or stream segments that contain populations composed of all warmwater aquatic life. Streams are managed for or currently support warmwater fish species. These waters sustain year-round trout populations, whether or not they are stocked. Excludes waters which receive annual stockings of trout but do not support year-round trout populations. In short, trout waters contain naturally reproducing or stocked trout, so long as trout survive year-round. Streams or stream segments which receive annual stockings of trout but do not support year-round trout populations. High Quality Waters HQW WVDEP WVDEP ____________________ a Source: WVCSR, 2014; WVDEP, 2012 b WVDEP = West Virginia Department of Environmental Protection 3.1.1.2 Virginia The Commonwealth of Virginia has established six designated use categories under Title 9 of Virginia Administrative Code (VAC, 2014a) Agency 25 Chapter 260 Section 10 (Designation of Uses). Virginia waters are designated by the State Water Control Board as inland or tidal waters. Virginia further designates uses separately for Aquatic Life, Fish Consumption, and Shellfishing. Subcategories under the Aquatic Life designation specific to fisheries in the Chesapeake Bay and its tidal tributaries are Deep Channel Seasonal Refuge, Deep Water Aquatic Life, Migratory Fish Spawning and Nursery, and Open Water Aquatic Life. Subcategories under Aquatic Life to differentiate between coldwater and warmwater fisheries have not been adopted in the Commonwealth (VAC, 2014a). Descriptions of each of the designated use categories are provided in Table 3.1.1-2. TABLE 3.1.1-2 Virginia Fisheries Classifications Designated Use a Description a Inland Waterbodies Aquatic Life The propagation, growth, and protection of a balanced indigenous population of aquatic life (including game and marketable fish) which may be expected to inhabit the waters. Fish Consumption The propagation, growth, and protection of a balanced population of aquatic life including game and marketable fish. Human health is also a primary consideration with regard to fish consumption use. Shellfishing The propagation, growth, and protection of a balanced population of aquatic life including marketable shellfish. Chesapeake Bay and Its Tidal Tributaries Deep Channel Seasonal Refuge This designation provides for seasonal protection of populations of benthic infauna and epifauna. Tidally influenced waters and varying circulation patterns, such as swamp waters, are categorized under this designation. Deep Water Aquatic Life This designation protects and promotes healthy populations of aquatic life in deepwater habitats. Migratory Fish Spawning and This designation protects resident fish species. Fishes of most concern are Nursery anadromous, semi-anadromous, and catadromous fishes. This classification also distinguishes tidal waters which provide spawning sites and nursery grounds. Open Water Aquatic Life This designation applies year-around and protects the survival, growth, and propagation of a balanced, indigenous population of aquatic life inhabiting openwater habitats. ____________________ a Source: VAC, 2014a b VADEQ = Virginia Department of Environmental Quality 3-5 Designating Agency b VADEQ VADEQ VADEQ VADEQ VADEQ VADEQ VADEQ Resource Report 3 Fish, Wildlife, and Vegetation Trout waters are a separate subset classified by the Virginia Department of Game and Inland Fisheries (VDGIF). Under Title 9 of VAC Agency 25 Chapter 260 Section 370, the VDGIF categorizes coldwater or trout waters into eight classes based on aesthetics, productivity, resident fish population, and stream structure (VAC, 2014b). Descriptions of trout waters classifications are provided in Table 3.1.1-3. Classes I through IV are rated as wild trout habitat, while Classes V through VIII are rated as coldwater habitat not suitable for wild trout but adequate for stocked trout (i.e., stockable trout streams). Based on spatial data from VDGIF, all coldwater or trout streams crossed by the AP-1 mainline in Virginia occur in the western portion of the Commonwealth between MP 80.0 and 154.4, west of US 29 (VDGIF, 2011). TABLE 3.1.1-3 Virginia Trout Waters Classifications Classification a Description a Designating Agency Wild Natural Trout Streams Class I Streams that provide excellent fish habitat with outstanding natural characteristics. Classified as exceptional wild trout streams. VDGIF Class II Streams that contain a good population or could potentially support populations. Streams lack in aesthetic quality, productivity, and/or in some structural characteristic. Streams are considered good and represent a majority of Virginia's wild trout waters. VDGIF Class III Streams that contain a fair population with a low sustained population based on natural factors and poorly managed land-use practices. Poor practices affecting these systems include heavy siltation of the stream, destruction of banks and fish cover, water quality degradation, and increased water temperature. VDGIF Class IV Streams at risk of being over-exploited. Although these streams contain adequate reproducing populations, Summer flow characteristics are severely reduced. Fish are often trapped in isolated pools where they are highly susceptible to predators and fishermen. VDGIF Stockable Trout Streams Class V Streams that do not contain an adequately reproducing wild trout population or have the potential for such. However, water quality is adequate, water temperature is good, and invertebrate productivity is exceptional. Pools are abundant with good size and depth and fish cover is excellent. Stream could potentially be suitable for stocking. VDGIF Class VI Streams that do not contain a significant number of trout or a significant population of warmwater game fish. All streams in this class are considered good trout stocking waters. VDGIF Class VII Streams in this category do not contain a significant number of trout or a significant population of warmwater game fish. Streams in this class could be included in a stocking program; based on quality, however, this would not be recommended. VDGIF Class VIII Streams that do not contain a significant number of trout or a significant population of warmwater game fish. Streams in this class only provide good trout habitat during certain times of the year. VDGIF ____________________ a b Source: VAC, 2014b VDGIF = Virginia Department of Game and Inland Fisheries 3.1.1.3 North Carolina The State of North Carolina has established a system to protect aquatic communities and fisheries based on waterbody type. The North Carolina Division of Water Resources (NCDWR) has assigned surface waters in the State a primary classification under Title 15A - Environment and Natural Resources, Chapter 02 Environmental Management, Subchapter B (North Carolina Administrative Code [NCAC], 2011). Freshwaters are assigned one of eight classifications with one primary surface water classification related to fisheries: Class C (fishable/swimmable waters). All waters in the State must meet the standards for Class C waters. Class C designations apply to both freshwater (C) and tidal saltwaters (SC) (NCDWR, 2014). 3-6 Resource Report 3 Fish, Wildlife, and Vegetation Supplemental classifications that may be applied to Class C waters for fisheries include trout waters (Tr), swamp waters (Sw), and nutrient sensitive waters (NSW) (NCAC, 2011). The Sedimentation and Pollution Control Act of 1973 requires buffer zones along trout waters, and the Division of Land Resources Rule requires a minimum 25-foot-wide buffer of undisturbed zonation regardless of the size of the land disturbance (North Carolina Department of Environment and Natural Resources [NCDENR], 2009). No waters under the Tr classification are crossed by the proposed pipeline routes in North Carolina. The primary and supplemental fisheries classifications are described in Table 3.1.1-4. TABLE 3.1.1-4 North Carolina Fisheries Classification Designation a Classification Description a Designating Agency b Fishable/ Swimmable Freshwaters C Protected for secondary recreation, fishing, and fish consumption, aquatic life including propagation, survival, and maintenance of biological integrity, agriculture, and other uses. Secondary recreation includes wading, boating, and other uses involving human body contact with water in an infrequent manner. NCDWR Fishable/ Swimmable Tidal Saltwaters SC Tidal salt waters within this class are designated as secondary recreation. Fishing, boating, and aquatic life propagation and survival are a few examples of activities that take place in these waters. NCDWR Trout Waters Tr Habitat suitable for trout propagation and survival of stocked trout on a year-round basis. NCDWR Swamp Waters Sw Waters with low velocities and characteristics of wetland ecosystems. NCDWR NSW Waters subject to excessive microscopic and macroscopic vegetation from nutrients within the watershed. This often results in anoxic conditions leading to low oxygen levels and eutrophication. Waters under this classification require additional nutrient management practices. NCDWR Primary Classifications Supplemental Classifications Nutrient Sensitive Waters ____________________ a b Source: NCAC, 2011 NCDWR = North Carolina Division of Water Resources The North Carolina Division of Marine Fisheries (NCDMF) establishes and protects Primary Nursery Areas to protect waters which support embryonic, larval, or juvenile populations of marine or estuarine fish or crustacean species. There are no Primary Nursery Areas in any of the Counties crossed by the ACP in North Carolina. Additional classifications for HQWs and Outstanding Resource Waters have been established; however, no surface waters with these classifications will be crossed by the ACP in North Carolina. These categories fall under the antidegradation policy in North Carolina as discussed in Section 2.2.3 of Resource Report 2. 3.1.1.4 Pennsylvania Within the Commonwealth of Pennsylvania, the Pennsylvania Department of Environmental Protection (PADEP) differentiates its waterbody systems based on the following protected uses: Aquatic Life, Water Supply, Recreation and Fish Consumption, Special Protection, and Other. Pennsylvania Code Title 25, Water Quality Standards Chapter 93 established the following five subcategories for fisheries under Aquatic Life (PA Code, 2014a): 3-7 Resource Report 3 Fish, Wildlife, and Vegetation Cold Water Fishes (CWF), Warm Water Fishes (WWF), Migratory Fishes (MF), and Trout Stocking Fisheries (TSF). Under Pennsylvania Code Title 58, Chapter 57, the Pennsylvania Fish and Boat Commission (PFBC) classifies waterbodies that support trout populations (either stocked or native) or provide trout habitat as follows: Wild Trout Waters, including upstream tributaries; Class A Wild Trout Streams; and Wilderness Trout Streams (PA Code, 2014b). The PFBC identifies approved trout waters as waterbodies that contain segments open to public fishing year-round, subject to certain catch restrictions for trout and salmon (PFBC, 2014a). Descriptions of the Pennsylvania classifications as they relate to fisheries are described in Table 3.1.1-5. TABLE 3.1.1-5 Pennsylvania Fisheries Classifications Designation a Descriptions a Designating Agency b Cold Water Fishes The maintenance and/or propagation of indigenous fishes in coldwater habitats. Fish are typically categorized within the family Salmonidae. PADEP Warm Water Fishes The maintenance and/or propagation of indigenous fishes in warmwater habitats. PADEP Migratory Fishes The passage, maintenance, and propagation of anadromous, catadromous, and other species of fishes which ascend to flowing waters to complete their life cycle. PADEP Trout Stocking Fisheries The maintenance of stocked trout from February 15 to July 31 and maintenance and propagation of fish species which are indigenous to a warmwater habitat. PADEP Wild Trout Waters Streams where trout have resulted from natural reproduction. Must function as necessary wild trout habitat sustaining populations, nurseries, and refuges. Excludes trout stocked waters. PFBC Class A Wild Trout Streams Supports wild populations and natural reproduction with no stocking. Trout of a sufficient size and abundance support long-term sport fishery. PFBC Wilderness Trout Streams Wild populations located in remote, natural, and an unspoiled environment of superior quality. These waters qualify as Exceptional Value. PFBC Approved Trout Waters Open to year-round fishing with certain restrictions on trout and salmon seasons and size/creel limits. Stocked with trout by the PFBC. PFBC ____________________ a b Source: PA Code, 2014a; PA Code, 2014b; PA Code, 2014c; PFBC, 2014a. PADEP = Pennsylvania Department of Environmental Protection PFBC = Pennsylvania Fish and Boat Commission Additional classifications for HQWs and Exceptional Value Waters have been established in Pennsylvania. These categories also fall under the antidegradation policy for Pennsylvania as discussed in Section 2.2.3 of Resource Report 2. 3.1.2 Existing Fisheries Resources The proposed Projects cross numerous streams with the potential to provide habitat for fish. Within the ACP Project area and SHP Project area, habitat occurs for both warmwater and coldwater fish species. Additional fisheries resources that exist in the ACP Project area and SHP Project area include game and commercial fisheries and hatcheries. Publicly available information, including previously identified surface water or fisheries classifications (see Section 3.1.1), state mappers, and administrative code, was used to identify potential fish-bearing waterbodies, fish species that may be present in these waterbodies, and where there may be knowledge gaps or incomplete information. Information additionally was requested from 3-8 Resource Report 3 Fish, Wildlife, and Vegetation resource agencies and used to fill gaps when possible. The State/Commonwealth fisheries resources that occur in the ACP Project area and SHP Project area are described in the subsections below. Table 3.1.2-1 provides a list of representative warmwater and coldwater fish species which may occur in the waterbodies crossed by the proposed Projects. Tables 2A-1 and 2A-2 in Appendix 2A of Resource Report 2 include the State/Commonwealth fisheries classification and surface water classification for fish use for these waterbodies. TABLE 3.1.2-1 Representative Fish Species in Waterbodies Crossed by the Atlantic Coast Pipeline and Supply Header Project West Virginia a Warmwater Fishes channel catfish (Ictalurus punctatus) walleye (Sander vitreus) muskellunge (Esox masquinongy) flathead catfish (Pylodictis olivaris) rock bass (Ambloplites rupestris) smallmouth bass (Micropterus dolomieu) largemouth bass (Micropterus salmoides) striped bass e (Morone saxatillis) sauger (Stizostedion canadense) brown trout e (Salmo trutta) white bass (Morone chrysops) Coldwater Fishes rainbow trout e (Oncorhynchus mykiss) mottled sculpin (Cottus bairdi) e brook trout (Salvelinus fontinalis) fantail darter (Etheostoma flabellare) Virginia b Warmwater Fishes striped bass e (Morone saxatillis) yellow perch (Perca flavescens) redear sunfish (Lepomis microlophus) longnose gar (Lepisosteus osseus) flathead catfish (Pylodictis olivaris) brown trout e (Salmo trutta) brook troute (Salvelinus fontinalis) Alewife e (Alosa pseudoharengus) striped basse (Morone saxatillis) blueback herringe (Alosa aestivalis) hickory shad e (Umbra pygmaea) blue catfish (Ictalurus furcatus) American eelf (Anguilla rostrata) mud sunfish (Acantharchus pomotis) pigfishe (Orthopristis chrysoptera) largemouth bass (Micropterus salmoides) Coldwater Fishes rainbow trout e (Oncorhynchus mykiss) North Carolina c Warmwater Fishes bluegill (lepomis macrochirus) Coldwater Fishes No coldwater species occur because no Trout Waters will be crossed by the ACP in North Carolina Pennsylvania d Warmwater Fishes smallmouth bass (Micropterus dolomieui) walleye (Sander vitreum) rosyface shiner (Notropis rubellus) American eelf (Anguilla rostrata) gizzard shad (Dorosoma cepedianum) muskellunge (Esox masquinongy) least brook lamprey (Lampetra aepyptera) redside dace (Clinostomus elongates) brown trout e (Salmo trutta) common carp (Cyprinus carpio) Coldwater Fishes rainbow trout e (Oncorhynchus mykiss) brook trout e (Salvelinus fontinalis) ____________________ a b c d e f Source: WVDNR, 2014a Source: VDGIF, 2013a Source: NCDENR, 2014a; NCDENR, 2009 Source: PFBC, 2014b; PFBC, 2014c; PFBC, 2012. Anadromous species Catadromous species 3-9 Resource Report 3 Fish, Wildlife, and Vegetation 3.1.2.1 West Virginia Waterbodies with State Fish Classifications For the ACP, the waterbodies crossed by the proposed AP-1 mainline route in West Virginia include 54 classified as Category B or B1, 46 classified as Category B2. For the SHP, the waterbodies crossed by proposed TL-635 pipeline loop include 21 classified as Category B1. Shavers Fork, which is an important waterbody for recreational trout fishing in Randolph County, West Virginia, is the largest waterbody along the proposed AP-1 mainline route (West Virginia Division of Natural Resources [WVDNR], 2014a). The Buckhannon River, which is the second largest, is the primary waterway in Upshur County, West Virginia, and similarly is considered an important recreational fishery (Highlands Institute for Environmental Research and Education [HIERE], 2014). The WVDNR has implemented a number of projects to restore spawning access for native brook trout in waters of the State (WVDNR, 2012a). Eight brook trout streams are crossed by the AP-1 mainline in West Virginia. Table 2C in Appendix 2C of Resource Report 2 includes a list of the waterbodies containing sensitive fish resources crossed by the Projects. Anadromous Fish There are no anadromous fish in the land-locked State of West Virginia. In many locations with access to the sea, brook trout migrate in an anadromous cycle similar to salmon. In West Virginia, however, brook trout are freshwater fish their entire lives. One diadromous fish, the American eel, occurs in the Shenandoah River, through the use of an eel ladder at Millville Dam. However, the Shenandoah River will not be crossed by the Projects. Hatcheries Seven coldwater hatcheries and two warmwater hatcheries are maintained by the WVDNR to supplement fish production (Shingleton, 2013). Warmwater hatcheries produce species such as blue catfish, channel catfish, muskellunge, bass, sauger, walleye, and northern pike, which are representative fish species in waterbodies along the proposed AP-1 mainline in West Virginia (Lobb and Orth, 1991). Coldwater hatcheries primarily produce trout. Protected paddlefish and shovelnose sturgeon are stocked in the Ohio and Kanawha Rivers in an effort to enhance populations to their historic range (WVDNR, 2007); however, neither of these rivers nor the historic range of the sturgeon species will be crossed by the Projects. No hatcheries occur within the Counties crossed by the Projects, but all streams classified as B1, B2, or HQWs may contain stocked fish from hatcheries (WVDNR, 2003a). Game Fish The following are typical game fish in West Virginia: bluegill, black bass (largemouth, smallmouth, spotted), rock bass, striped bass, white bass, channel catfish, flathead catfish, chain pickerel, crappie, muskellunge, northern pike, sauger, walleye, sunfish, game fish hybrids, brook trout, brown trout, golden rainbow trout, and rainbow trout. Smallmouth bass are one of the 3-10 Resource Report 3 Fish, Wildlife, and Vegetation most popular game fish in the State (WVDNR, 2014b). This species and the other listed game fish may inhabit the streams crossed by the Projects. The proposed AP-1 mainline passes through the Monongahela and Kanawha basins of the Ohio Regional Watershed. Within the basins, the West Fork River, Buckhannon River, Middle Fork River, Tygart Valley River, and Shavers Fork will be crossed by the ACP. Many popular recreation streams are located along by the proposed AP-1 mainline route. All recreational areas for fisheries crossed by the ACP and SHP are designated by State classification on Tables 2A-1 and 2A-2, respectively, in Appendix 2A of Resource Report 2. Commercial Fisheries The State of West Virginia does not have a commercial fishing industry. However, private citizens may obtain a license to manage a Commercial Fishing Preserve for the purposes of stocking private lakes and ponds. In addition to hatcheries, commercial stocking is an economic measure which benefits West Virginia’s public recreation programs (WVDNR, 2003b). 3.1.2.2 Virginia Waterbodies with Commonwealth Fish Classifications The waterbody crossings by the proposed AP-1 mainline and AP-3 lateral route in Virginia (586) are all Inland Waterbodies with the Aquatic Life classification. Additionally, 12 of the AP-1 waterbodies are classified as trout waters, including seven wild trout habitat and five stockable trout streams. The proposed AP-3 lateral does not cross any trout waters. VDGIF trout waters are described in further detail in Section 3.1.3.2 below. The 61 waterbody crossings by the proposed AP-3 lateral from approximate MP 53.1 to MP 77.6 are classified as Aquatic Life with subclassifications under Chesapeake Bay and its Tidal Tributaries with the following designated uses: Deep Water Aquatic Life and Open Water Aquatic Life. The Southern Branch Elizabeth River is designated as Open Water over Deep Water. All others are designated as Open Water, surface to bottom. The AP-3 will not cross any Migratory and Fish Spawning Nursery or Deep Channel Seasonal Refuge areas. Additionally, these are all estuarine habitats that do not support freshwater trout. The ten waterbody crossings by the proposed AP-4 and AP-5 laterals are considered Inland Waterbodies with the Aquatic Life classification. No waters are classified as trout waters in the eastern portion of the Commonwealth. All coldwater or trout streams crossed by the AP-1 mainline in Virginia occur in the western portion of the Commonwealth between approximate MPs 80.0 and 154.4, west of U.S. Highway 29 (VDGIF, 2011). Anadromous Fish The Fisheries Division of the VDGIF identifies Anadromous Fish Use Areas, which are stream reaches that are confirmed or potential migration pathways, spawning grounds, or nursery areas for anadromous fish. The proposed AP-1 mainline and AP-3 lateral routes both cross waterbodies in Virginia known to contain anadromous species (see Table 3.1.2-1). Five 3-11 Resource Report 3 Fish, Wildlife, and Vegetation waterbodies contain confirmed anadromous fish use and are listed in Appendix 2C of Resource Report 2. Anadromous Fish Use Areas in Virginia are discussed in greater detail below in Section 3.1.3, Fisheries of Special Concern. Hatcheries The VDGIF operates nine fish cultural stations around the Commonwealth. These are categorized as either “rearing stations” or “hatcheries.” Four stations are coolwater and warmwater facilities that hatch and rear species like muskellunge, northern pike, striped bass, walleyes, catfish, largemouth bass, bluegill, and redear sunfish. Five stations are coldwater facilities engaged entirely in trout production, from hatching to raising to stocking sizes. The Montebello Fish Cultural Station, a small trout rearing facility, is located approximately 13 miles west of the proposed AP-1 mainline route in Nelson County (MP 165). None of the other stations are located in the Counties or Cities crossed by the ACP. Game Fish Game Fish as defined by the Code of Virginia includes trout, all fish of the sunfish family (including largemouth bass, smallmouth bass, spotted bass, rock bass, bream, bluegill, and crappie), walleye, white bass, chain pickerel, muskellunge, northern pike, and striped bass. There is a continuous, year-round season for all freshwater game and nongame fish with the exception of special times and limited closures for trout (VDGIF, 2014a). Regulations for anadromous (coastal) striped bass, alewife, and blueback herring above and below the fall line in tidal rivers of the Chesapeake Bay, anadromous (coastal) American shad and hickory shad, and all other saltwater fish below the fall line in tidal rivers of the Chesapeake Bay, are set by the Virginia Marine Resources Commission. At least 161 of the waterbodies crossed by the proposed ACP pipeline facilities in Virginia are classified as supporting recreational fishing and game species. The waters have the Recreation designation as listed on Table 2A-1 in Appendix 2A of Resource Report 2. Commercial Fisheries The Virginia Marine Resources Commission is the Commonwealth agency responsible for carrying out the Commonwealth’s marine resource management, including control and issuance of approximately 78 different types of commercial fishing licenses based on gear type, number of gear, and species (Kirkley, 1997). The commercial fisheries industry in Virginia includes finfish and shellfish within Virginia marine and estuarine waters or the Territorial Sea (all inshore waters out to three miles offshore). No commercial fisheries in Virginia are crossed by the ACP. 3.1.2.3 North Carolina Waterbodies with State Fish Classifications Waterbody crossings with State fisheries classifications along the proposed AP-2 mainline route in North Carolina have the following designations: 249 as C, 28 as Sw, and 41 as NSW. All of the waterbodies are considered warmwater and freshwater. None of the waters 3-12 Resource Report 3 Fish, Wildlife, and Vegetation crossed by the ACP in North Carolina are classified for supporting trout or tidal saltwater species. Anadromous Fish The NCDMF and North Carolina Wildlife Resource Commission (NCWRC) have designated waterbodies as Anadromous Fish Spawning Areas (AFSA) for the distribution of anadromous fishes in the State. Anadromous fish species that may occur in the waterbodies crossed by the proposed AP-2 mainline route in North Carolina are listed in Table 3.1.2-1. Waterbodies with anadromous fish crossed by the proposed ACP facilities in North Carolina are listed in Appendix 2C of Resource Report 2. AFSA are discussed in greater detail in Section 3.1.3, Fisheries of Special Concern. Hatcheries The NCWRC operates six fish hatcheries that raise a variety of fish for stocking into North Carolina's public waters (NCWRC, 2014a). These include two warmwater, one coolwater, and three coldwater hatcheries. Warmwater hatcheries raise channel catfish, striped bass (including hybrids), and largemouth bass; the coolwater hatchery raises muskellunge, walleye, and smallmouth bass; and the coldwater hatcheries raise brook, brown, and rainbow trout. Stateoperated hatcheries stock only public waters; people seeking to stock private lakes and ponds must contact a privately operated commercial hatchery. None of the State-operated hatcheries occur within the Counties crossed by the ACP. Game Fish State waters with game fish, also called public fishing waters, are classified as inland, joint, or coastal. The NCWRC has licensing, management, and regulatory authority in inland waters and the NCDMF has similar authority in coastal waters. Both agencies have licensing and regulatory authority in joint waters. The proposed AP-2 mainline does not cross any joint or coastal waters under the jurisdiction of the NCDMF. Some fish species are designated as inland game fish in all public waters, while others are designated as inland game fish only in inland waters. The following are designated as inland game fish in all public waters: black bass (largemouth, smallmouth, and spotted); crappie (white and black); bluegill, redbreast redear, pumpkinseed, warmouth, green sunfish, Roanoke bass, rock bass, flier, and all other species of the family Centrarchidae; trout (including but not limited to brook, brown, and rainbow trout); Kokanee salmon, walleye, and sauger; chain and redfin pickerel; and muskellunge. Inland game fish found only in inland waters include: white bass; bodie bass (striped bass hybrid); striped bass; shad (American and hickory); white perch; yellow perch; spotted sea trout; flounder; and red drum (channel bass, red fish, and puppy drum) (NCWRC, 2014b). Any waterbody classified as C allows for recreational game fishing and may contain game fish species. Commercial Fisheries The commercial fishing industry of North Carolina, which is managed by the NCDMF, is a traditional maritime industry. Commercial fisheries in North Carolina include finfish and 3-13 Resource Report 3 Fish, Wildlife, and Vegetation shellfish harvests, but also include aquaculture operations in marine and estuarine waters (North Carolina Marine Fisheries Commission [NCMFC], 2014). There are no commercial fisheries in North Carolina crossed by the proposed AP-2 mainline. 3.1.2.4 Pennsylvania Waterbodies with Commonwealth Fish Classifications A total of 11 waterbody crossings occur along the proposed TL-636 pipeline loop. Of these, nine crossings are classified as CWF-High Quality (HQ) and include: Kemerer Hollow (MP 1.3) and three unnamed tributaries (MPs 1.2, MP 1.7 and MP 1.9); Steels Run (MP 2.6) and two unnamed tributaries (MP 2.5 and MP 2.9), and Haymakers Run (MP 3.9) and one unnamed tributary (MP 3.6). Lastly, TL-636 proposes to cross two unnamed tributaries to Turtle Creek (MP 0.2 and MP 0.6) designated as TSF. Waterbodies crossed by the SHP are listed in Table 2A-2 in Appendix 2A of Resource Report 2. PFBC approved trout waters occur within Greene and Westmoreland Counties in Pennsylvania. The proposed modifications to the Crayne Compressor Station in Green County will not impact any waterbodies. Within Westmoreland County, the SHP will not cross any approved trout waters, but stock inputs may arise in creeks near the SHP Project area (PFBC, 2014d). However, no special requirements for avoidance or minimization have been identified. No Wild Trout Waters, Class A Wild Trout Streams, or Wilderness Trout Streams will be crossed by the SHP. Anadromous Fish There is no anadromous fish habitat in the vicinity of the SHP. Hatcheries The closest Commonwealth fish hatchery to Westmoreland County is the Reynoldsdale State Fish Hatchery, approximately 60 miles to the southeast in Bedford County (PFBC, 2014e). No Commonwealth fish hatcheries occur within the Counties crossed by the SHP. Game Fish Pennsylvania supports a wide variety of game fish, such as trout, steelhead, bass (black, striped, rock, white), bluegill, carp, catfish (channel and flathead), crappie, muskellunge, perch (yellow and white), pickerel, and northern pike. The only game fish present in streams in the vicinity of the proposed SHP Project area are coldwater trout species (PFBC, 2014f). Commercial Fisheries Commercial fishing in Pennsylvania is restricted to Lake Erie which is more than 100 miles from the SHP Project area. No commercial fisheries in Pennsylvania will be affected by the SHP. 3-14 Resource Report 3 Fish, Wildlife, and Vegetation 3.1.3 Fisheries of Special Concern Atlantic and DTI identified fisheries of special concern through review of publicly available data, acquisition of natural heritage data, and ongoing consultations with applicable Federal and State/Commonwealth agencies, including the U.S. Fish and Wildlife Service (FWS), National Oceanic and Atmospheric Administration’s (NOAA) National Marine Fisheries Service (NOAA Fisheries), U.S. Forest Service (USFS), WVDNR, VDGIF, NCWRC, and PFBC. Fisheries of special concern include waters that: provide important habitat for foraging, rearing, or spawning of fish species; represent important commercial or recreational fishing areas; or support large populations of commercially or recreationally valuable fish species or species listed for protection at the Federal, State/Commonwealth, or local level. For the States and Commonwealths crossed by the Projects, fisheries of special concern are described below. Appendix 2C in Resource Report 2 identifies waterbodies crossed by the Projects that contain fisheries of special concern as described below. Crossings of waterbodies with construction timing restrictions associated with fisheries are identified in Tables 2A-1 and 2A-2 in Appendix 2A of Resource Report 2. Federal and State/Commonwealth-listed fish and aquatic species and State/Commonwealth fish and aquatic species of concern are discussed in Section 3.7. Essential fish habitat (EFH) is addressed in Section 3.1.6. The types of fisheries of special concern within the ACP Project area and SHP Project area vary by State/Commonwealth. For example, commercial fisheries are not a concern in West Virginia, and anadromous fish habitat does not occur in West Virginia or western Pennsylvania. The discussions below only include the fisheries of special concern known to occur in the vicinity of the Projects in each State/Commonwealth. 3.1.3.1 West Virginia Waterbodies with Time of Year Restrictions In-stream activities in waterbodies classified as warmwater and trout fisheries in West Virginia must avoid the fish spawning seasons for these waters or obtain a spawning season waiver from the WVDNR, Wildlife Resources Section. The spawning season for warmwater fishery streams and their adjacent tributaries occurs from April through June, while the spawning season for trout waters and their adjacent tributaries occurs from September 15 through February 28 (West Virginia Department of Environmental Protection [WVDEP], 2002). Unlike brook and brown trout, rainbow trout typically spawn during the late Winter and Spring with peak spawning activity in March and April (National Park Service [NPS], 2015). No timing restrictions specific to rainbow trout have been established in West Virginia. Waterbodies classified for warmwater and trout fisheries in West Virginia are discussed in Section 3.1.2.1. Atlantic and DTI have received correspondence from the West Virginia Field Office of the FWS for the ACP and SHP. In addition to comments regarding federally listed species, the FWS identified the brook trout as a species of concern due to declining populations associated with land conversions and habitat loss. Consequently, the FWS encouraged Atlantic and DTI to avoid and minimize impacts on streams that contain brook trout habitat through coordination 3-15 Resource Report 3 Fish, Wildlife, and Vegetation with appropriate resource agencies.3 Atlantic will work with WVDNR staff to identify and implement appropriate measures during construction to minimize or avoid impacts on brook trout streams and adjacent riparian habitats to the extent practicable, including implementing time of year restrictions. Copies of agency correspondence for the ACP and SHP are included in Appendices 1H and 1I, respectively, in Resource Report 1. Atlantic and DTI received Natural Heritage data from the WVDNR that identified the rare species of fish in West Virginia that occur in the vicinity of the Projects. Table 3.1.3-1 identifies the rare fish species that occur in streams crossed by the AP-1 mainline. No rare fish species were identified as occurring near the SHP. Although specific time of year restrictions have not been identified or provided for these species, it is anticipated that time of year restrictions will be implemented as identified through permitting. TABLE 3.1.3-1 Waterbodies with Rare Fish Crossed by the Atlantic Coast Pipeline in West Virginia County Waterbodies Species Occurrence in Waterbody a Upshur Right Fork Middle Fork River (MP 40.0) Cheat Minnow (Pararhinichthys bowersi) Randolph West Fork Greenbrier River (MP 69.0) Tonguetied Minnow (Exoglossum laurae) Verified extant; 1.2 miles downstream of crossing Mountain Lick Creek (MP 69.6) Candy Darter (Etheostoma osburni) Verified extant; 0.6 miles downstream of crossing East Fork Greenbrier River (MP 74.2)) Kanawha Sculpin (Cottus kanawhae) Verified extant; 0.4 mile downstream of crossing Candy Darter Verified extant; 0.4 mile downstream of crossing Candy Darter Verified extant; 1.4 mile upstream of crossing New River Shiner (Notropis scabriceps) Verified extant; 1.4 mile upstream of crossing Kanawha Minnow (Phenacobius teretulus) Verified extant; 1.4 mile upstream of crossing Historical; 0.7 mile upstream of crossing ____________________ a Verified extant = Occurrence has been recently verified as still existing but the viability of the occurrence is lacking; Historical = Species or community occurred historically in the State, and there is some possibility that it may be rediscovered. Recent field verification is lacking. Source: WVNHP, 2015 Public Fishing Lakes The Projects will have no impact on public fishing lakes in West Virginia. The nearest public fishing lake occurs on the AP-1 mainline route on the easternmost portion of Stonecoal Lake, located in Upshur County. Stonecoal Lake is more than 2 miles west of the AP-1 mainline route (MP 26.3). No pubic fishing lakes are crossed by or located near the SHP. Stocked Trout Streams Stocked trout streams are identified in West Virginia based on the fishing regulations that are implemented. Waters may have general regulations, or special regulations, including catch and release areas, children and class Q handicap fishing areas, and fly-fishing only areas. Based on the data provided in the West Virginia Hunting, Trapping, and Fishing Map, the Projects do not cross any special regulation stocked trout streams (WVDNR, 2013). The proposed AP-1 mainline route, however, crosses three trout stocked streams that fall under the general fishing regulations. These waters all occur on the Monongahela National Forest (MNF) and include 3 In a comment filed with the FERC, an individual noted concerns regarding potential impacts on habitat improvements funded by Trout Unlimited within the East Fork Greenbrier River, including the impacts of sedimentation on brook trout habitat. 3-16 Resource Report 3 Fish, Wildlife, and Vegetation West Fork Greenbrier River near MP 68.9, East Fork Greenbrier River near MP 74.2, and the Little River near MP 76.3. Special Regulation Areas- Warmwater Species In addition to special regulation areas for trout, the WVDNR has identified special regulation areas for warmwater species. These special areas are identified for catch and release of black bass, muskellunge, and walleye. The Projects do not cross any special regulation areas for warmwater species (WVDNR, 2013). U.S. Forest Service Sensitive Species on the Monongahela National Forest The MNF is located in the Eastern Forest Service Region (Region 9). The Regional Forester has identified seven sensitive fish species that occur in the MNF. Additionally, the MNF Land and Resource Management Plan (LRMP) identifies the naturally producing wild brook trout as a Management Indicator Species (MIS). The sensitive and MIS species on the MNF are discussed in detail in Section 3.7.2. 3.1.3.2 Virginia Waterbodies with Time of Year Restrictions Guidance for the protection of fisheries resources in Virginia emphasize time of year restrictions when certain species are most sensitive to human activities. Adherence to these restrictions is not essential for every project, however, and modifications or waivers may be considered. In Virginia, it is recommended that in-stream activities are avoided during the following times: brown and brook trout waters from October 1 through March 31; rainbow trout waters from March 15 through May 15; general warmwater spawning waters from April 15 through July 15; and general coldwater species spawning waters from March 1 through June 30. Waterbodies classified for warmwater and trout fisheries in Virginia are discussed in Section 3.1.2.2. Timing restrictions are also recommended for anadromous fish use areas, which are discussed below. Review of the Virginia Wildlife Environmental Review Map Service (WERMS) (VDGIF, 2014b) identified crossings of waterbodies along the proposed AP-1 mainline and AP-3 lateral routes which are known to contain trout and require a timing restriction. In correspondence with Atlantic, the VDGIF (2015a) provided guidance identifying the recommended timing of in-stream work by County for wild trout streams. Waterbodies crossed and associated timing restrictions for trout streams are included in Table 3.1.3-2 below. Correspondence from the VDGIF (2015a) supplemented with WERMS data identified Back Creek (MP 84.0) and Folly Mills Creek (MP 134.4) as stockable trout waters. VDGIF identifies the Cowpasture River (MP 102.3) as a Class VI trout stream (i.e. does not contain a significant number of trout but is considered good trout stocking water), although trout stocking is not identified in this stream.4 4 In a comment filed with the FERC, an individual identified the Cowpasture River as a high quality trout stream. 3-17 Resource Report 3 Fish, Wildlife, and Vegetation TABLE 3.1.3-2 Virginia Fisheries Timing Restrictions County Highland Waterbodies Designation Time of Year Restriction a Laurel Fork (MP 81.7) Wild brook trout and/or brown trout October 1 through March 31 Crab Run (MP 92.8 and 96.6) Wild trout streams known to support October 1 through May 15 brook and/or rainbow trout Augusta Hodges Draft (MP 106.7), Ramseys Draft (MP 109.5), White Oak Draft (MP 115.7), and Orebank Creek (MP 149.1) Wild brook trout October 1 through March 31 Nelson South Fork Rockfish River (MP 154.4) Wild brook trout October 1 through March 31 ____________________ a Recommended time of year to avoid in-stream activities. Source: VDGIF, 2014b The Shenandoah Valley Chapter of Trout Unlimited (SVTU) identified the streams in Table 3.1.3-1 above as locations where the ACP might impact trout populations.5 The SVTU in particular called out the crossing of the Laurel Fork in Highland County, Virginia. In addition, the SVTU identified portions of the South River, Upper South River Special Regulation Area and the South River Delayed Harvest, as two of the premier fisheries for stocked trout in the Commonwealth of Virgina. These locations are approximately 1.5 and 6.5 miles downstream of the AP-1 mainline crossing of the South River at MP 143.7. Finally, the SVTU identified that the ACP has the potential to impact trout fisheries and water quality due to the AP-1 mainline crossings of Christian’s Creek (MP 137.7) and the Middle River (MP 125.6) in Augusta County. VDGIF recommends coordination with their Region IV Aquatic Resources Manager to verify that the ACP does not conflict with trout stocking and angling opportunities in these waters within Highland and Augusta Counties. Atlantic is coordinating with the Aquatic Resources Manager and will provide updated correspondence when available. Anadromous Fish Use Areas In correspondence with Atlantic, the NOAA Fisheries Northeast Regional Office recommended avoidance of impacts on anadromous fish populations in Virginia (NOAA Fisheries, 2014a). NOAA Fisheries specifically identified the Southern Branch Elizabeth River and Nottaway River as designated confirmed anadromous fish use areas by the VDGIF. Review of data provided in the WERMS, in addition to correspondence with VDGIF (2015b), identified crossings of waterbodies along the proposed AP-1 mainline and AP-3 lateral routes which are known to contain anadromous fish use areas where migration and spawning occur. For AP-1, Fountains Creek is the only confirmed anadromous fish use area (MP 292.3). Although the AP-1 mainline crosses the Nottoway River (MP 255.0) and the Meherrin River (MP 279.0), anadromous fish use areas stop downstream from the crossings more than 4.5 and 2.3 miles, respectively. For AP-3, these areas consist of the Meherrin River (MP 12.4), Nottoway River (MP 33.2), Blackwater River (MP 39.1), and the Southern Branch Elizabeth River (MP 77.3). The VDGIF recommends avoidance of in-stream work in anadromous fish 5 In comments filed with the FERC, the SVTU identified concerns related to impacts on trout, especially wild trout, resources along the ACP route in Virginia. 3-18 Resource Report 3 Fish, Wildlife, and Vegetation waters and their tributaries generally from February 15 through June 30, with some exceptions (VDGIF, 2013b). Modification or waivers from time of year standards is considered on a caseby-case basis. A list of waterbodies containing anadromous fish crossed by the ACP is included in Appendix 2C of Resource Report 2. In addition to the confirmed anadromous fish use areas identified above, VDGIF identified Burnett’s Mill Creek, Nansemond River, and Shingle Creek in the City of Suffolk as Potential Anadromous Fish Use Areas; however, the proposed AP-3 lateral does not to cross these Potential Anadromous Fish Use Areas. The AP-1 mainline crossing of the James River (MP 180.4) was identified in WERMS as a Potential Anadromous Fish Use Area. Because this location is above Bosher’s Dam, the recommended timing for avoidance of in-stream work is March 15 through June 30 (VDGIF, 2013b). Public Fishing Lakes Two public fishing lakes are located within 0.5 mile of the proposed AP-1 mainline, but these features will not be affected by the ACP. The fishing lakes include Braley Pond, which is located approximately 0.5 mile north of AP-1 near MP 111.6 in Augusta County, and Fort Pickett Lake, which is located more than 0.25 mile south of AP-1 near MP 243.4 in Dinwiddie County. According to the WERMS data, the proposed AP-3 mainline crosses one public fishing lake, Lake Kilby, at MP 55.9 in Suffolk County, near its confluence with Pitchkettle Creek. Stocked Trout Lakes and Stream Reaches VDGIF identifies publicly accessible trout fishing locations based on stocking locations of rainbow, brown, and brook trout. These locations include designated stocked trout lakes, reservoirs, ponds, single stocking locations on streams, and stream sections. Braley Pond is the only publicly accessible stocked trout lake in Virginia within 0.5 mile of the ACP Project area (WERMS data). Neither the lake nor angling activities at the lake will be impacted by the ACP. According to WERMS data, the ACP does not cross any designated stocked trout reaches. The nearest stocked trout reach is located in South Fork Back Creek, which parallels the AP-1 mainline route west of MP 150.7 to 152.7 in Augusta County. Threatened and Endangered Species Waters Federal and Commonwealth listed threatened and endangered aquatic species in Virginia include various fish, mussels, and marine mammals. Of these, fish and mussels may be impacted by the ACP. Discussion of potential impacts on these species is provided in Section 3.7. The proposed AP-1 mainline route crosses five stream reaches that support various threatened and endangered aquatic species. These include reaches of the Bullpasture River (MP 98.3), James River (MP 180.4), Butterwood Creek (MP 248.0), Nottoway River (MP 255.0), and Meherrin River (MP 279.0). The proposed AP-3 mainline does not cross stream reaches supporting threatened and endangered species. Additionally, no stream reaches 3-19 Resource Report 3 Fish, Wildlife, and Vegetation supporting threatened and endangered species occur within 0.5 mile of the proposed compressor station sites or other aboveground facilities. USFS Sensitive Species on the George Washington National Forest The George Washington National Forest (GWNF) is located in the Southern Forest Service Region (Region 8). The Regional Forester has identified two sensitive fish species that occur on the GWNF. As with the MNF, the GWNF LRMP identifies wild brook trout as an MIS. The sensitive and MIS species on the GWNF are discussed in detail in Section 3.7.2. 3.1.3.3 North Carolina Waterbodies with Time of Year Restrictions In a meeting with Atlantic on September 24, 2014, NCWRC staff mentioned that anadromous fish, including American shad, blueback herring, striped bass, and Atlantic sturgeon, may be an issue. The NCWRC suggested that in-stream construction activities in perennial streams, including but not limited to the Roanoke River, Black River, and Little River, should not occur during spawning and early development stages of anadromous fish. This timing window of in-stream work avoidance is February 15 to September 30. See below for further discussion of AFSA. Anadromous Fish Spawning Areas In correspondence with Atlantic, the NOAA Fisheries Southeast Regional Office recommended avoidance of impacts on anadromous fish populations in North Carolina (NOAA Fisheries, 2014b). The Roanoke River, Neuse River, and Cape Fear River were identified as waterbodies supporting anadromous fish species, such as American shad, alewife, blueback herring, and striped bass. Copies of agency correspondence for the ACP are included in Appendix 1H of Resource Report 1. Atlantic identified inland AFSA along the proposed AP-2 mainline route based on data from the NCMFC through the State Archives of North Carolina (NCMFC, 1998) as well as review of “A Reference Guide to the Distribution of Anadromous Fish in North Carolina Rivers,” which was prepared by NOAA Fisheries on behalf of the U.S. Army Corps of Engineers (NOAA Fisheries, 2010). Additionally, GIS shapefiles were provided by the North Carolina Natural Heritage Program (NCNHP). Review of these sources identified four freshwater streams along the proposed AP-2 mainline route classified as inland AFSA: Roanoke River (MP 302.0), Little River (MP 374.4), Neuse River (MP 390.1), and Cape Fear River (MP 440.8). Although the Tar-Pamlico Basin provides habitat for anadromous fish, there is no AFSA identified in the upper reaches that will be crossed by the ACP. These resources are managed by the NCWRC (NCDENR, 2014b). In addition to AFSA, the proposed AP-2 mainline route crosses Raft Swamp (MP 465.6) and Humphrey Branch (MP 466.0) which potentially support anadromous fish habitat (NOAA Fisheries, 2010). Additional tributaries to these streams may also be considered AFSA or habitat. Known AFSAs and potential habitats along the ACP are identified in Appendix 2C in Resource Report 2. According to the correspondence letter received from the FWS office in 3-20 Resource Report 3 Fish, Wildlife, and Vegetation Raleigh, North Carolina, in order to avoid impacts on commercially and recreationally important anadromous fish species, work in streams with an anadromous fish run should be avoided during the spawning period of February 15 to June 30. Designated Trout Waters, Fish Nursery Areas, and Shellfish Growing Areas No designated trout waters, shellfish growing areas, or fish nursery areas are crossed by the ACP or located within 0.5 mile of the proposed facilities in North Carolina. Significant Aquatic Endangered Habitats Based on data available from the NCMFC through the State Archives of North Carolina (NCMFC, 1998) and shapefiles provided by the NCNHP, the proposed AP-2 mainline and AP-3 lateral routes cross 49 waterbodies and wetlands identified as significant aquatic endangered habitat (see Table 3.1.3-3). These waterbodies and wetlands may support habitat for Federal or State-listed fish species in addition to other sensitive aquatic species such as mussels. Significant aquatic endangered habitats in North Carolina occur in the Chowan, Tar-Pamlico, Neuse, and Cape Fear River Basins. Natural Heritage Program Natural Areas The NCNHP (2014) identifies significant terrestrial and aquatic natural areas that are of special biodiversity significance. These areas are rated by NCNHP staff and other professional biologists based on field surveys conducted. More than half of these areas are entirely or partially in conservation ownership; however, many remain privately owned and are unprotected from potential impacts associated with development. Once a natural area is purchased, it is considered for dedication as a State Nature Preserve. If a natural area is not available for purchase, its ecological significance can be recognized through a registry agreement (Registered Heritage Areas), which is a voluntary agreement with the landowner that provides limited protection but recognizes the owner's commitment to conservation of the area. The proposed AP-2 mainline route crosses 14 natural areas identified by the NCNHP and the AP-3 lateral route crosses one natural area, but none of these are State Nature Preserves or Registered Heritage Areas (NCNHP, 2005 and 2013). The natural areas that are crossed by the ACP are identified in Table 3.1.3-4 below. 3.1.3.4 Pennsylvania DTI researched fisheries of special concern along the proposed TL-636 pipeline loop and in the vicinity of other SHP facilities in Pennsylvania through the Pennsylvania Natural Diversity Inventory (PNDI) Project Environmental Review online system (see Appendix 1I of Resource Report 1). According to the PNDI receipt generated from the review, no known sensitive fisheries resources are crossed by or in the vicinity of the proposed SHP facilities in Pennsylvania. The receipt indicted that no further review for the SHP is required with the PFBC, which has jurisdiction over sensitive aquatic species and habitats in Pennsylvania. 3-21 Resource Report 3 Fish, Wildlife, and Vegetation TABLE 3.1.3-3 Significant Aquatic Endangered Habitats Crossed by the Atlantic Coast Pipeline in North Carolina Facility/County Waterbodies / Wetlands Milepost River Basin AP-2 Northampton UNT to Jacks Swamp 293.1 Chowan Northampton Jacks Swamp 294.7 Chowan Northampton UNT to Jacks Swamp 295.4 Chowan Halifax UNT to Marsh Swamp 310.2 Tar-Pamlico Halifax Marsh Swamp 312.1 Tar-Pamlico Halifax UNT to Marsh Swamp 313.9 Tar-Pamlico Halifax Beaverdam Swamp 315.2 Tar-Pamlico Halifax UNT to Beaverdam Swamp 316.0 Tar-Pamlico Halifax UNT to Burnt Coat Swamp 317.0 Tar-Pamlico Halifax Burnt Coat Swamp 318.6 Tar-Pamlico Halifax Jacket Swamp 319.5 Tar-Pamlico Halifax UNT to Jacket Swamp 319.8 Tar-Pamlico Halifax UNT to Breeches Swamp 321.1 Tar-Pamlico Halifax Breeches Swamp 321.8 Tar-Pamlico Halifax UNT to Rocky Swamp 323.3 Tar-Pamlico Halifax Rocky Swamp 324.1 Tar-Pamlico Halifax UNT to Fishing Creek 325.4 Tar-Pamlico Halifax UNT to Fishing Creek 325.8 Tar-Pamlico Halifax Fishing Creek 325.9 Tar-Pamlico Nash UNT to Fishing Creek 326.8 Tar-Pamlico Nash UNT to Fishing Creek 327.1 Tar-Pamlico Nash UNT to Black Swamp (Race Prong) 328.7 Tar-Pamlico Nash Black Swamp 329.1 Tar-Pamlico Nash UNT to Pine Log Branch 330.1 Tar-Pamlico Nash UNT to Swift Creek 332.3 Tar-Pamlico Nash Swift Creek 332.6 Tar-Pamlico Nash UNT to Flat Rock Branch 332.9 Tar-Pamlico Nash UNT to Flat Rock Branch 333.6 Tar-Pamlico Nash UNT to Flat Rock Branch (Mill Pond Branch) 334.1 Tar-Pamlico Nash Flat Rock Branch 335.6 Tar-Pamlico Nash Flat Rock Branch 336.4 Tar-Pamlico Johnston Little River 374.4 Neuse Sampson Little Juniper Run 408.5 Cape Fear Sampson Big Juniper Run 408.8 Cape Fear Sampson Beaverdam Swamp 410.1 Cape Fear Sampson Beaverdam Swamp 410.5 Cape Fear Sampson Beaverdam Swamp 410.9 Cape Fear Sampson Beaverdam Swamp 411.4 Cape Fear Sampson Starlins Swamp 414.0 Cape Fear Cumberland Mingo Swamp 414.4 Cape Fear Cumberland UNT to Mingo Swamp 414.8 Cape Fear Cumberland Black River 416.2 Cape Fear AP-3 Northampton Jacks Swamp 0.6 Chowan Northampton UNT to Fountains Creek 2.2 Chowan Northampton UNT to Fountains Creek 2.6 Chowan Northampton Cypress Creek 5.4 Chowan Northampton UNT to Cypress Creek 5.9 Chowan Northampton Cypress Creek 7.4 Chowan Northampton Cypress Creek 10.0 Chowan ____________________ Sources: NCMFC, 1998; NCNHP, 2014 Notes: UNT = Unnamed tributary 3-22 Resource Report 3 Fish, Wildlife, and Vegetation TABLE 3.1.3-4 Natural Heritage Program Natural Areas Crossed by the Atlantic Coast Pipeline in North Carolina Facility/County Natural Area Milepost Area Crossed (feet) Halifax Mush Island 302.0 to 302.3 1452 Halifax Mush Island 303.3 to 304.2 4713 Halifax Rocky Swamp Aquatic Habitat 324 to 324.1 30 Halifax/ Nash Fishing Creek Aquatic Habitat 325.9 to 326.0 92 Nash Swift Creek Aquatic Habitat 332.6 61 Nash Stony Creek Aquatic Habitat 340.6 to 340.7 78 Nash Middle Tar River Aquatic Habitat 351.3 to 351.4 84 Wilson Contentnea Creek Aquatic Habitat 365.4 to 365.0 30 Johnston Little River Aquatic Habitat 374.4 to 374.5 40 Johnston Little River Aquatic Habitat 375.4 to 375.5 40 Johnston Cowbone Oxbows/ Sage Pond Natural Area 390.0 to 390.2 686 AP- 2 Johnston Hannah Creek Swamp 392.8 to 393.0 877 Cumberland Rockfish Creek Corridor 440.8 to 441.2 1597 Cumberland Rockfish Creek Corridor 441.4 to 441.5 317 Big Marsh Swamp 459.0 to 459.7 3124 Robeson Cypress Bay 466.5 to 466.8 703 Robeson Moss Neck Savanna 472.2 to 472.7 2072 AP-3 Northampton Meherrin River Margarettsville Bottomlands 11.8 to 12.2 1432 Robeson ____________________ Source: NCNHP, 2014 Pennsylvania Code Title 25, Dam Safety and Waterway Management Chapter 105, Subchapter A states that the PADEP will set time limits for the commencement and completion of work under a permit (PA Code, 2014d). Additionally, although the PNDI indicated no further review is required, construction time windows are typically included in both general and individual permits to protect stocked (no work from March 1 to June 15) and wild (no work from October 1 to December 31) trout unless a waiver is granted by the PFBC (PFBC, 2014g). 3.1.4 General Impacts and Mitigation 3.1.4.1 Pipeline Facilities Atlantic and DTI will use the open-cut, flume, dam-and-pump, conventional bore, cofferdam, or horizontal directional drill (HDD) methods to construct the proposed pipelines across waterbodies. These methods are described in detail in Section 1.5.2.1 of Resource Report 1. The specific method planned for each waterbody crossing along the proposed ACP and SHP pipeline routes are identified in Tables 2A-1 and 2A- 2 in Appendix 2A of Resource Report 2, respectively. For all crossing methods, construction activities for the Projects will be conducted in accordance with the FERC’s Upland Erosion Control, Revegetation, and Maintenance Plan (Plan) and Wetland and Waterbody Construction and Mitigation Procedures (Procedures). The Plan and Procedures identify a variety of measures designed to minimize impacts on waterbodies and associated fisheries, such as the installation and maintenance of sediment and erosion 3-23 Resource Report 3 Fish, Wildlife, and Vegetation controls at waterbody crossings. Additional temporary workspace (ATWS) will be located at least 50 feet from the water’s edge at each waterbody crossing (with the exception of sitespecific modifications as requested by Atlantic and DTI and approved by the FERC). These measures will minimize potential impacts due to erosion and movement of sediment from upland areas into waterbodies. During construction, activities such as clearing and grading of stream banks, removal of riparian vegetation, in-stream trenching, trench dewatering, and backfilling could result in the modification of aquatic habitats. Impacts could include increased sedimentation and turbidity, increased temperature, decreased dissolved oxygen concentrations, releases of existing chemical and nutrient pollutants from disturbed sediments, and introduction of chemical contaminants, such as fuel and lubricants, due to spills. Additionally, vegetation clearing and soil compaction could potentially increase runoff and subsequent stream or peak flows. As shown in Tables 2A-1 and 2A-2 in Appendix 2A, Atlantic and DTI will install the proposed pipelines across most waterbodies using a dry crossing method such as cofferdam, dam-and-pump, or flume. These methods involve isolating and temporarily diverting the flow of water around or across the trenching area. The methods allow trenching activities to occur within a relatively dry stream or riverbed, thereby avoiding the introduction of sediment and turbidity into the waterbody during construction. The flume method, which involves diverting water across the trenching area through one or more flume pipes, or the cofferdam method, which involves diverting water around a temporary diversion structure, are often used on waterbodies containing sensitive fisheries because they provide for continued fish passage through the construction work area. For the ACP, the HDD method is currently being evaluated for six river crossings pending the results of geotechnical investigations and final engineering. These crossing include the James, Roanoke, Cape Fear, Nottoway, Blackwater, and Southern Branch Elizabeth Rivers. Waterbody crossing methods are also being evaluated for the SHP, but do not currently include any HDDs. Because there will be no in-stream construction activities where the HDD method is used, the potential for turbidity and sedimentation in the waterbody is nearly eliminated. Other HDD crossings for the ACP could be included as a result of ongoing engineering design or consultation with permitting agencies. Due to site constraints, the open-cut method is proposed for the Meherrin River. This method will involve trenching through the waterbody while water continues to flow through the trenching area. Excavators will then be used to dig a trench in the flowing waterbody from one or both banks of the waterbody. Where the waterbody is too wide to excavate the trench from the banks, equipment may operate from within the waterbody with approval from the appropriate regulatory agencies. Equipment operating within the waterbody will be limited to that needed to construct the crossing. These activities have the potential to temporarily increase turbidity in the waterbody. Upon completion of the construction activities, the water clarity will return to preconstruction conditions. Open-cut activities will follow the Procedures to avoid or minimize impacts on water quality and the duration of in-stream activities will be limited. Removal of vegetation and habitat at waterbody crossings has the potential to affect aquatic resources by reducing shade, cover, and nutrient input, and by affecting stream banks and sediment filtration. Temporary loss of riparian vegetation within the construction work area may 3-24 Resource Report 3 Fish, Wildlife, and Vegetation affect water temperatures by removing shade sources. Due to the linear nature of the pipeline construction, and the design of most waterbody crossings perpendicular to the stream, it is expected that the potential increase in water temperature and effects on aquatic species will be slight. Use of the HDD method will eliminate the need for riparian vegetation clearing from the riverbanks at these crossings. As a result, the potential for increased runoff or turbidity associated with vegetation clearing and soil disturbance will be eliminated or reduced. Temporary construction bridges will be used during all phases of construction to cross waterbodies where the pipeline is not installed using the HDD method. The Procedures allow clearing equipment and equipment necessary for the installation of temporary bridges to cross each waterbody once prior to bridge installation. Temporary bridges will be needed from initial right-of-way clearing through final restoration, so the bridges will remain in place outside recommended in-stream work periods. However, use of the bridges by construction vehicles will avoid turbidity and sedimentation impacts due to vehicles crossing the streambed. In-stream blasting, if required to excavate the pipeline trench, could have acoustic impacts on fisheries resources. Sound pressure waves can change fish behavior or injure/kill fish by rupturing swim bladders or causing internal hemorrhaging (Hastings and Popper, 2005). Blasting may be required along segments of the proposed pipeline route where hard bedrock is located at or within 60 inches of the ground surface (see Resource Report 6). Table 2A-1in Appendix 2A of Resource Report 2 identifies waterbody crossing where blasting may be required. If required, blasting will occur after the work area has been isolated from stream flow, which will minimize impacts on fisheries. If blasting is required in waterbodies containing sensitive aquatic species, Atlantic and DTI will consult with Federal and State/Commonwealth agencies to determine what, if any, additional mitigation measures are necessary. In-stream construction activities typically will take place in less than 24 hours for minor waterbodies and less than 48 hours for intermediate waterbodies (except where blasting is required, which could take longer). The rapid pace of construction along with the other measures identified in the Procedures will reduce the impacts of sedimentation and turbidity in the waterbodies and on aquatic life. Additionally, it is expected that individual fish, where present, will temporarily relocate upstream or downstream of the crossing locations, where necessary, to avoid turbid water. Atlantic and DTI will prepare and implement a Spill Prevention, Control, and Countermeasures Plan (SPCC Plan) to avoid or minimize potential impacts on aquatic resources due to inadvertent releases of fuel or mechanical fluids (to be provided in Appendix 1F of the final Resource Report 1). The SPCC Plan will require that hazardous materials such as fuels and lubricating oils will be stored in upland areas away from waterbodies. Additionally, equipment refueling and lubricating at waterbodies will typically take place in upland areas that are 150 feet or more from the edge of the waterbody and any adjacent wetlands. The proposed pipelines will be hydrostatically tested following installation using water withdrawn from surface or municipal sources. Potential impacts on fisheries resources due to surface water withdrawals and or discharges are described below. Based on the current schedule for the Projects, in-stream construction activities could take place year round. Nonetheless, Atlantic and DTI will comply with time of year restrictions, 3-25 Resource Report 3 Fish, Wildlife, and Vegetation and conditions unless specifically authorized by the appropriate agencies. To the extent that instream activities are necessary outside construction timing windows for fish species, Atlantic and DTI will seek approvals from the appropriate agencies for these crossings on a case-by-case basis. Following construction, streambeds and banks will be restored to preconstruction contours and stabilized. Disturbed areas will be seeded and mulched, as necessary, to prevent erosion. Permanent erosion and sediment controls will be installed as described in the Procedures and the Erosion and Sediment Control Plan (ESC Plan). Operation of the pipeline is not expected to impact fisheries. Inadvertent Surface Returns As discussed above, Atlantic is currently evaluating the use of the HDD crossing method to install the pipeline beneath six rivers, each of which contains fisheries resources. The HDD method is considered an effective technique for avoiding in-stream impacts on fisheries by eliminating the need for in-stream excavation. Drilling requires the use of a fluid (e.g., a nontoxic biodegradable bentonite clay and water mixture) to lubricate the drill bit and facilitate the removal of cuttings from the drill path. Because the fluid is under pressure during drilling, it is possible for bentonite to escape to the surface from the drill pathway if the bit encounters existing substrate fractures or channels that lead to the surface. The movement of drilling fluid to the land surface or into stream channels is known as an inadvertent return. Bentonite is non-toxic to aquatic organisms (Hair et al., 2002), but as with any fine particulate material (e.g., suspended soils in a muddy river) high concentrations can interfere with oxygen exchange by gills (U.S. Environmental Protection Agency [EPA], 1986). In the event of an inadvertent return to a waterbody, the impact on fisheries will be short-term and limited to individual fish in the immediate vicinity of the drilling fluid. If spawning habitat is nearby, both anadromous and resident fish reproduction could be affected. Bentonite sediment can also smother macro-invertebrates and adversely affect filter feeders. Additionally, bentonite can exacerbate or enhance the effects of compounds toxic to fish and aquatic invertebrates if those compounds are present in aquatic habitats. Similar to other fine-grained suspended particulates, however, bentonite in flowing water is likely to remain in suspension longer than in standing water. In general, the potential for inadvertent surface returns is highest near the HDD drill entry and exit locations when the drill bit is working nearest the surface, but is dependent on numerous factors including substrate characteristics, head pressure of the drilling fluid, topography, elevation, and subsurface hydrology. If an inadvertent return occurs in a waterbody, drilling fluid entering the water column could cause fish, if present, to move away from the area of increased turbidity. To control the inadvertent return, an attempt will be made to plug the flow path by adding thickening agents to the drilling fluid, such as additional bentonite, cottonseed hulls, or other non-hazardous materials. Drilling fluid that enters the waterbody will likely disperse through the water column and be washed downstream of the crossing. Therefore, the effects of an inadvertent return on fish species and habitats are expected to be minor, localized, and short term. 3-26 Resource Report 3 Fish, Wildlife, and Vegetation Additional information on response procedures in the event of an inadvertent return will be provided in Atlantic’s and DTI’s Horizontal Directional Drill Fluid Monitoring, Operations, and Contingency Plan (HDD Plan). This plan will be provided in Appendix 1F of the final Resource Report 1. Hydrostatic Testing Once installed, the proposed pipelines will be hydrostatically tested as described in Resource Reports 1 and 2. Hydrostatic testing involves filling the pipeline with water, pressurizing the water, and checking for pressure losses due to leaks. Potential impacts on fisheries resources associated with hydrostatic testing include the following: entrainment of fish, reduction of downstream flows, and impairment of downstream uses due to water withdrawals; and erosion or scour due to water discharges. The proposed pipelines will be hydrostatically tested with water obtained from surface or municipal sources (see Table 2.2.6-1 in Resource Report 2) in accordance with State/ Commonwealth regulations and required permits. No chemicals or additives will be mixed with the water. During testing, Atlantic will implement the following measures which will avoid or minimize impacts on fisheries resources: installing appropriately sized screens on water intakes to avoid entrapment per agency recommendations; controlling water withdrawal rates to avoid impingement; placing water intakes above streambeds to avoid disturbing sediments on the streambeds; re-using water from one test section to another (termed ‘cascading’), where practicable, to reduce the amount of water withdrawn for testing; discharging water back to the waterbody after filtration or settling through an approved holding structure to avoid affecting water quality; or discharging water into containment structures such as hay bales and/or filter bags located in well-vegetated upland areas; and regulating discharge rates to prevent scour in streambeds or erosion in uplands. In addition to these measures, Atlantic and DTI will coordinate with the applicable agencies, as well as implement the Procedures and the ESC Plan, to reduce the potential for depletion of stream flow at water sources and allow for fish passage. 3.1.4.2 Aboveground Facilities No waterbodies will be affected by the construction or operation of the aboveground facilities. Therefore, no fisheries resources will be affected by these facilities. 3-27 Resource Report 3 Fish, Wildlife, and Vegetation 3.1.5 Site-Specific Impacts and Mitigation 3.1.5.1 West Virginia Site specific impacts and mitigation for West Virginia have not been identified at this time. This section will be updated as survey results are obtained and agency consultations are completed. 3.1.5.2 Virginia Site specific impacts and mitigation for Virginia have not been identified at this time. This section will be updated as survey results are obtained and agency consultations are completed. 3.1.5.3 North Carolina Site specific impacts and mitigation for North Carolina have not been identified at this time. This section will be updated as survey results are obtained and agency consultations are completed. 3.1.5.4 Pennsylvania Site specific impacts and mitigation for Pennsylvania have not been identified at this time. This section will be updated as survey results are obtained and agency consultations are completed. 3.1.6 Essential Fish Habitat The Magnuson-Stevens Fishery Conservation and Management Act (MSA) (16 United States Code [USC] 1801 et seq.) established a management system for marine fisheries resources in the United States. Specifically, Congress charged NOAA Fisheries and fishery management councils, along with other Federal and State/Commonwealth agencies and the fishing community, to identify habitats essential to managed species, which include marine, estuarine, and anadromous finfish, mollusks, and crustaceans. These habitats, referred to as EFH, include “those waters and substrate necessary to fish for spawning, breeding, feeding, or growth to maturity.” Section 302 of the MSA establishes eight regional fishery management councils. Among other responsibilities, these councils develop management plans for fisheries requiring conservation and management. Under Section 303(a)(7) of the MSA the fishery management plans are required to identify and describe EFH. Portions of the proposed ACP pipelines will be constructed and operated in areas managed under the New England, Mid-Atlantic, and South Atlantic Management Councils, and the Atlantic Highly Migratory Species Management Division. Resource management plans have been developed for each of these regions, as referenced in Section 3.1.6.1. The proposed SHP facilities do not cross areas that support EFH. Under Section 305((b)(2)-(4)) of the MSA, Federal agencies that authorize, fund, or undertake activities that may adversely affect EFH must consult with NOAA Fisheries. The EFH guidelines (50 CFR 600.06 – 600.930) outline the process to satisfy the consultation 3-28 Resource Report 3 Fish, Wildlife, and Vegetation requirement. NOAA Fisheries recommends consolidated EFH consultations with interagency coordination procedures required by other statutes, such as the National Environmental Policy Act, the Fish and Wildlife Coordination Act, the Endangered Species Act (ESA), and the Federal Power Act to reduce duplication and improve efficiency (50 CFR 600.920(e)). Generally, the EFH consultation process includes the following steps: 1. Notification – The action agency should clearly state the process being used for EFH consultations (e.g., incorporating EFH consultation into an Environmental Impact Statement or ESA permit). 2. EFH Assessment – The action agency should prepare an EFH assessment that includes both identification of affected EFH and an assessment of impacts. Specifically, the assessment should include: a description of the proposed action; an analysis of the effects (including cumulative effects) of the proposed action on EFH, the managed fish species, and major prey species; the Federal agency’s views regarding the effects of the action on EFH; and proposed mitigation, if applicable. 3. EFH Conservation Recommendations - After reviewing the EFH assessment, NOAA Fisheries should provide recommendations to the action agency regarding measures that can be taken by that agency to conserve EFH. 4. Agency Response - Within 30 days of receiving the recommendations, the action agency must respond to NOAA Fisheries. The response must include a description of which conservation recommendations proposed by the agency to avoid, mitigate, or offset the impact of the proposed activity on EFH will be implemented and which will not, and why. Although the FERC is the lead action agency for consultation, Atlantic and DTI are preparing analyses and consulting with NOAA Fisheries to identify and assess potential impacts on EFH. 3.1.6.1 Identification of Managed Fish Species and Essential Fish Habitats Atlantic and DTI reviewed multiple online resources to determine if EFH occurs in the vicinity of the Projects, including the following: NOAA Fisheries Essential Fish Habitat Mapper (NOAA Fisheries, 2014c); Guide to Essential Fish Habitat Designations in the Northeastern United States (NOAA Fisheries, 2014d); NOAA Estuarine Living Marine Resources (ELMR) program database (NOAA Fisheries, 2014e); Fishery Management Plans and Amendments for species managed by the New England, Mid-Atlantic, and South Atlantic Fisheries Management Councils (New 3-29 Resource Report 3 Fish, Wildlife, and Vegetation England Fishery Management Council, 2014; Mid-Atlantic Fishery Management Council, 2014; South Atlantic Fishery Management Council, 2014); Final Consolidated Atlantic Highly Migratory Species Fishery Management Plan and Amendments for species managed by the Atlantic Highly Migratory Species Management Division (NOAA Fisheries, 2014f); Summary of Essential Fish Habitat Designations for the 10x10 Square Coordinates: 37 00.00 N, 76 20.0 W, 36 50.0 N, and 76 30.0 W (NOAA Fisheries, 2014g), which NOAA Fisheries identified as the reference for EFH for the Southern Branch Elizabeth River (NOAA Fisheries, 2014b); and NOAA Fisheries Greater Atlantic Summary of Essential Fish Habitat and General Habitat Parameters for Federally Managed Species table (NOAA Fisheries, 2014h). Atlantic identified several areas containing EFH in the ACP Project area. Atlantic is assessing potential impacts on these areas and consulting with NOAA Fisheries. Descriptions of the EFH and summary of agency consultations to date are provided below. Copies of correspondence with NOAA Fisheries for EFH are provided in Appendix 1H of Resource Report 1. Atlantic consulted with NOAA Fisheries’ Southeast and Northeast Regional Offices to introduce the ACP and request technical assistance (Dominion, 2014a; Dominion, 2014b). In their reply, the Southeast Regional Office (NOAA Fisheries, 2014a) concurred with Atlantic that no EFH will be affected by the proposed ACP in North Carolina because the AP-2 mainline route does not cross or pass near EFH. The Northeast Regional Office (NOAA Fisheries, 2014b) identified EFH where the proposed AP-3 mainline route crosses the Southern Branch Elizabeth River (approximate MP 77.3) in Virginia. Atlantic is currently evaluating use of the HDD method to cross the Southern Branch Elizabeth River, which would avoid adverse effects on EFH in that river. Atlantic will continue to consult with the NOAA Fisheries Northeast Regional Office regarding avoidance, minimization, and mitigation measures to avoid adverse effects on EFH, as necessary (Dominion, 2014b; NOAA Fisheries, 2014b). The following section provides a summary of Atlantic’s assessment for managed fish species and EFH potentially affected by the ACP. NOAA Fisheries Northeast Region In the NOAA Fisheries Northeast Region, Atlantic identified EFH species and their associated life stages with the potential to occur near or within the ACP Project area in Virginia (NOAA Fisheries, 2014g). Follow-up requests were made to the NOAA Fisheries to confirm that the EFH species and life stages identified for assessment is complete. Based on these and follow-up consultations with NOAA Fisheries, 14 EFH species were identified for analysis (NOAA Fisheries, 2015a). These species and associated EFH characteristics for each life stage are summarized in Table 3.1.6-1. The two waterbodies potentially containing EFH species are included in Appendix 2C of Resource Report 2. 3-30 Resource Report 3 Fish, Wildlife, and Vegetation TABLE 3.1.6-1 Summary of Essential Fish Habitat and General Habitat Parameters for the Atlantic Coast Pipeline a Essential Fish Habitat Species Life Stage b Essential Fish Habitat Characteristics c New England Species Windowpane flounder (Scophthalmus aquosus) Clearnose skate (Raja eglanteria) Little skate (Leucoraja erinacea) Winter skate (Leucoraja ocellata) Juvenile Mud/fine sand bottom habitats; <25 °C; 5.5 to 36 ppt; 1 to 100 m Adult Mud/fine sand bottom habitats; <26.8 °C; 5.5 to 36 ppt; 1 to 75 m Juvenile Soft, gravel, or rock bottom habitats; 9 to 21 °C; 1 to 500 m Adult Soft, gravel, or rock bottom habitats; 9 to 21 °C; 1 to 400 m Juvenile Sand, gravel, or mud bottom habitats; 4 to 15 °C; 1 to 137 m Adult Sand, gravel, or mud bottom habitats; 2 to 15 °C; 1 to 137 m Juvenile Sand, gravel, or mud bottom habitats; 4 to 16 °C; 1 to 40 0m Adult Sand, gravel, or mud bottom habitats; 5 to 15 °C; 1 to 371 m Mid-Atlantic Species Bluefish (Pomatomus salatrix) Juvenile Adult Atlantic butterfish (Peprilus triacanthus) Summer flounder (Paralicthys dentatus) Mixing/seawater portions of estuaries; 19 to 24°C; 23 to 36 ppt Estuarine waters; 14 to 16°C; >25 ppt Egg Pelagic waters; mixing portions of estuaries; 11 to 17 °C; 25 to 33 ppt; 10 to 1,829 m Larvae Pelagic waters; mixing portions of estuaries; 9 to 19 °C; 6.4 to 37 ppt; 10 to 1,829 m Juvenile Pelagic waters; mixing/seawater portions of estuaries; 3 to 28 °C; 3 to 37 ppt; 10 to 365 m Adult Pelagic waters; mixing/seawater portions of estuaries; 3 to 28 °C; 4 to 26 ppt; 10 to 365 m Larvae Pelagic shelf waters; mixing/seawater portions of estuaries; 9 to 12 °C; 23 to 33 ppt; 10 to 70 m; nearshore Juvenile Demersal; mixing/seawater portions of estuaries; salt marsh creeks/ seagrass beds/mudflats/open bays; >11 °C; 10 to 30 ppt; 0.5 to 5 m in estuary Adult Demersal waters; shallow mixing/seawater portions of estuaries; shallow coastal waters; fresh water; 0 to 25 m South Atlantic Species Red drum (Sciaenops occelatus) Coastal Migratory Pelagics Black sea bass (Centropristis striata) Egg Estuarine wetlands; flooded salt marshes and brackish marsh; tidal creeks, mangrove fringe, seagrass beds; 2 to 33 °C; low salinity; <50 m Juvenile Shallow and deeper portions of estuaries associated with river mouths; oyster bars; and front beaches; 2 to 33 °C; 20 to 40 ppt; <50 m. Adult Inlets, shoals, and capes along coast, sallow bay bottoms or oyster reef substrate, and nearshore artificial reefs; 2 to 33 °C; low salinity; <50 m Juvenile Demersal waters; mixing/seawater portions of estuaries; rough bottom; shellfish/eelgrass beds; structures >6 °C; >18 ppt; 1 to 38 m Adult King mackerel (Scomberomorus cavalla) Spanish mackerel (Scomberomorus maculatus) Not described Larvae Demersal waters; mixing/seawater portions of estuaries; structured habitat; >6 °C; >20 ppt; 20 to 50 m Egg Pelagic waters; > 17 °C; 32 to 36 ppt Larvae Pelagic waters; 26-31 °C; 26 to 37 ppt Juvenile Pelagic waters; > 20 °C Adult Pelagic waters; > 20 °C Egg Pelagic waters; > 17 °C; 32 to 36 ppt Larvae Pelagic waters; 19-30 °C; > 28 ppt Juvenile Estuaries; > 17 °C; 32 to 26 ppt Adult Estuaries; pelagic waters; 21-31 °C; 32 to 36 ppt 3-31 Resource Report 3 Fish, Wildlife, and Vegetation TABLE 3.1.6-1 (cont’d) Summary of Essential Fish Habitat and General Habitat Parameters for the Atlantic Coast Pipeline a Essential Fish Habitat Species Cobia (Rachycentron canadum) Life Stage b Egg Offshore Larvae Offshore Juvenile Coastal waters; high salinity Adult Highly Migratory Species Sandbar shark (Carcharhinus plumbeus) Dusky shark (Carcharhinus obscures) Essential Fish Habitat Characteristics c Estuaries; mud, sand, coral reef substrates Neonates Shallow coastal waters; < 25 m (Habitat Area of Particular Concern) Juvenile Shallow coastal waters; < 25 m (Habitat Area of Particular Concern) Adult Shallow coastal waters; < 50 m (Habitat Area of Particular Concern) Neonates Shallow coastal waters, inlets, estuaries; < 25 m ____________________ a Based on 10-minute by 10-minute latitudinal/longitudinal designated EFH quadrants identified through consultation with NOAA Fisheries in the Northeast Region. b Designated EFH along the ACP only occurs in areas where EFH characteristics are present. c °C = degrees Celsius; m = meters; ppt = parts per thousand; > = greater than; and < = less than Sources: NOAA Fisheries, 2003, 2014g, 2014h, 2014i, 2015a. Assessment of Potential Effects on EFH The estuarine water column of the Southern Branch Elizabeth River provides seasonal nursery areas for young developmental stages of fish and coastal sharks, but also as migratory habitat for anadromous species. The river is designated as a Habitat Area of Particular Concern for the sandbar shark, serving as a primary and secondary nursery for this large coastal species. Habitat Areas of Particular Concern are subsets of EFH that merit special considerations to conserve habitat. Many of the potential impacts of the ACP on EFH and managed fish species will be similar to those described for surface waters in Resource Report 2 and fisheries in Section 3.1.4. As noted above, Atlantic is evaluating the HDD method for the crossing of the Southern Branch Elizabeth River, which would avoid direct impacts on the waterbody. However, impacts on EFH could result from an inadvertent return of drilling fluid, inadvertent hazardous material spills, run-off of sediment from construction areas into the waterbody, or water withdrawals for hydrostatic testing. During construction, Atlantic will minimize potential impacts on aquatic resources, including EFH, through implementation of the measures described in the Procedures. Additionally, as discussed above, Atlantic will prepare and implement an SPCC Plan (for prevention and response measures in the event of a spill) and HDD Plan (for response measures in the event of an inadvertent return). These plans will be provided in Appendix 1F of the final Resource Report 1. If bentonite-drilling fluid is released into the river during an inadvertent release, the volume is expected to be relatively minimal. Additionally, due to the river current, high waterway traffic, high turbidity, and presence of existing pollutants, an inadvertent release will not likely be visible or result in significant impact on EFH. Water may be withdrawn from the Southern Branch Elizabeth River for mixing drilling fluid. Estimated water volumes and withdraw rates are provided in Resource Report 2. The 3-32 Resource Report 3 Fish, Wildlife, and Vegetation potential effects on EFH from water withdrawals and discharges will be minimal and similar to those described for fish resources in Section 3.1.4.1 above. As described in that section, Atlantic will implement multiple measures to avoid or minimize impacts on managed fish species and their prey due to entrainment or impingement, chemical exposure, or turbid water. Atlantic believes that the ACP will have no adverse effect on EFH or managed species in the Southern Branch Elizabeth River if the pipeline is installed by HDD. If the HDD method is confirmed through engineering review, Atlantic will request concurrence from the NOAA Fisheries Northeast Regional Office with a no adverse effect finding for impacts on EFH in the Southern Branch Elizabeth River. If the HDD method cannot be implemented, Atlantic will conduct an EFH assessment to determine if the ACP may adversely affect EFH, and will consult with the NOAA Fisheries Northeast Regional Office to identify appropriate conservation measures to avoid, mitigate, or offset adverse impacts on EFH for the Southern Branch Elizabeth River. 3.2 VEGETATION This section describes the vegetation resources that could potentially be affected by construction and operation of the proposed ACP and SHP facilities. Included in this section are descriptions of ecoregions crossed by the Projects; plant communities found within the ACP Project area and SHP Project area; descriptions of unique, sensitive, or protected vegetation communities; status of consultations with agencies regarding these communities; and the methods that Atlantic and DTI will employ to minimize impacts on vegetation resources. Information presented in this section was gathered from various sources including: the USGS National Gap Analysis Program (GAP) Land Cover Data; the USGS National Hydrography Dataset; digital aerial photography; various published scientific literature, agency reports and consultations, and organization reports; and other publicly accessible State/Commonwealth and Federal databases. Threatened and endangered plant species are discussed in Section 3.7 below. 3.2.1 Existing Vegetation Resources Vegetation resources within the ACP Project area and SHP Project area are identified and described in terms of regional vegetation communities (see Section 3.2.1.2); unique, sensitive, and protected vegetation (see Section 3.2.1.3); and invasive plant species (see Section 3.2.1.4). Potential effects on vegetation resources from the Projects are discussed in Sections 3.2.2 and 3.2.3. These sections identify conservation measures and methods that Atlantic and DTI will employ to minimize impacts on the vegetation resources. Appendix 3A-1 summarizes the vegetation communities and sub-communities within the ACP Project area and SHP Project area. 3.2.1.1 Ecoregions Ecoregions are areas with similar environmental resources and characteristics including geology, physiology, vegetation, climate, soils, land use, wildlife, and hydrology (EPA, 2013). Classification at the ecoregion level describes broad-scale environmental factors that contribute to the dominant natural vegetation that may be present within a region. The proposed ACP facilities cross portions of eight ecoregions, including the Western Allegheny Plateau (WAP), Central Appalachians (CA), Ridge and Valley (RV), Piedmont, Northern Piedmont (NP), Blue Ridge (BR), Southeastern Plains (SP), and Mid-Atlantic Coastal Plains (MACP) (see 3-33 Resource Report 3 Fish, Wildlife, and Vegetation Figure 3.2.1-1). The SHP is located entirely in the WAP ecoregion (see Figure 3.2.1-1). Crossing lengths for each ecoregion are summarized in Table 3.2.1-1. TABLE 3.2.1-1 Summary Statistics for Ecoregions Affected by the Atlantic Coast Pipeline and Supply Header Project Project/Facility Type/Facility State/Commonwealth Ecoregions Total Miles Crosseda ATLANTIC COAST PIPELINE AP-1 WV Central Appalachians 30.0 Ridge and Valley 19.2 Western Allegheny Plateau 30.9 VA Blue Ridge 13.9 Northern Piedmont 9.8 Piedmont 108.6 Ridge and Valley 69.1 Southeastern Plains 11.2 NC Southeastern Plains <0.1 AP-2 NC Middle Atlantic Coastal Plain 2.0 Southeastern Plains 179.6 AP-3 VA Middle Atlantic Coastal Plain 56.1 Southeastern Plains 9.3 NC Southeastern Plains 12.1 AP-4 VA Piedmont 3.1 AP-5 VA Piedmont 1.0 Pipeline Facilities Total 556.0 SUPPLY HEADER PROJECT TL-636 PA Western Allegheny Plateau 3.9 TL-635 WV Western Allegheny Plateau 32.8 Pipeline Facilities Total 36.7 _________________ a The numbers in this table have been rounded for presentation purposes. As a result, the totals may not reflect the exact sum of the addends in all cases. Source: EPA, 2010 Western Allegheny Plateau The WAP ecoregion extends across Ohio, southwestern Pennsylvania, northwestern West Virginia, and northeastern Kentucky. It is characterized by broad valleys, ridges, and rounded hills, with many lakes, marshes, and bogs throughout the region. Precipitation in the WAP is normally distributed during the year with rain being higher in Spring and Summer. The ecoregion is approximately 72 percent forested with a combination of mixed oak and mixed temperate forests. Wet hemlock forests are also present, but their range has declined significantly (USGS, 2014; LandScope America, 2014). Central Appalachians The CA ecoregion extends from southern Pennsylvania to Virginia, and includes a portion of the Blue Ridge Mountains. The geology of the ecoregion is unique, featuring igneous basalts, limestone, sandstone, and sedimentary shale. Precipitation varies throughout the region, with 30 to 85 inches of rain and approximately 50 to 190 inches of snow. The CA is dominated by forested lands, which account for approximately 89 percent of the land cover and contribute to high biodiversity in the region (USGS, 2014; LandScope America, 2014). 3-34 Resource Report 3 Fish, Wildlife, and Vegetation 3-35 Resource Report 3 Fish, Wildlife, and Vegetation Climate in the CA is ideal for the northern hardwood and Appalachian oak (mixed red and white oak) species that grow in the forests (USGS, 2014). Other common vegetation includes Kate’s mountain clover, yellow nailwort, and low false bindweed (LandScope America, 2014). Typical understory shrubs occurring in the CP include great laurel and mountain laurel, which are crucial for the structure and health of the forests (Chastain and Townsend, 2008). Ridge and Valley The RV ecoregion extends from southeastern New York to northeastern Alabama, including parts of New Jersey, Pennsylvania, Maryland, West Virginia, Virginia, Tennessee, and Georgia. The ecoregion consists predominately of forest (56 percent) in rocky terrain. Much of the remaining areas consist of agricultural (30 percent) and developed land (9 percent). Topography is complex including thousands of caves (USGS, 2014; LandScope America, 2014). Climate in the RV is mild supporting vegetation communities with high biodiversity including over a thousand plant species. The most common tree complexes are Appalachian oak, oak hickory, pine, northern hardwoods, oak-chestnut, eastern white pine, white oak, and Virginia pine (USGS, 2014). However, forests in the RV have been affected by logging and other forest management programs (USGS, 2014; LandScope America, 2014; USFS 2014). Blue Ridge The BR is considered a unique ecoregion in the country because of the spatial and temporal heterogeneity of its geology, topography, and floristics (LandScope America, 2014). The land is 35 percent managed by public agencies, including the USFS (George Washington and Jefferson National Forests) and the National Park Service (Great Smoky and Shenandoah National Parks). The BR consists of approximately 80 percent forested land, 14 percent agricultural land, and one percent developed land (USGS, 2014; LandScope America, 2014). Climate is warm temperate to boreal supporting a variety of plant communities. Common tree species at low elevations are mixed oak; at mid elevations are oak, red spruce, tulip poplar, and chestnut; and at high elevations are spruce-fir, Fraser fir, and balsam fir (USGS, 2014; World Wildlife, 2014). Piedmont The Piedmont ecoregion encompasses the foothills of the Appalachian Mountains and serves as a transitional zone between the mountains to the west and the coastal plain to the east. The area is characterized by broad ridges and hills, with a geology that includes igneous, metamorphic, and sedimentary rock. The region primarily consists of agricultural land and managed woodland. Climate is temperate supporting forests dominated by hardwood. The most common tree species are oak hickory, loblolly pine, water oak, willow oak, laurel oak, cherrybark oak, American holly, bald cypress, water tupelo, and ironwood (South Carolina Department of Natural Resources, 2014). Northern Piedmont The NP ecoregion is similar to the Piedmont, serving as a link between mountains and the coastal plain. It runs through parts of New Jersey, Pennsylvania, Delaware, Maryland, 3-36 Resource Report 3 Fish, Wildlife, and Vegetation Washington, D.C., and Virginia. The NP is characterized by irregular plains, open valleys, and hills. The soils have a stony to limestone base which supports both forested and agricultural lands. Climate and common tree species are similar to the Piedmont (USGS, 2014). Southeastern Plains The SP is the largest ecoregion in the eastern United States, ranging from Maryland to the Gulf of Mexico. The region consists of flat plains interspersed with croplands, pastures, forests, and wetlands with primarily sandy soils. Climate is warm with much rainfall contributing to a longer growing season than in other regions. Common tree species are hickory, oak, and pine. Historically, the forests in the region mostly contained hardwoods, but much of the area is now dominated by pine, including managed pine plantations (USGS, 2014). Mid-Atlantic Coastal Plain The MACP ecoregion encompasses the coastal region extending from New Jersey to Florida. The ecoregion borders the Atlantic Ocean and contains a mix of forests, agricultural lands, and wetlands, including Chesapeake Bay shore lands. Climate is generally warm yearround with humid Summers and mild Winters. Common tree species are bald cypress and longleaf pines (USGS, 2014). The proposed Projects cross various upland and wetland land cover classes that support diverse vegetation communities. As presented in Table 8.1.1-1 in Resource Report 8, the proposed ACP pipeline facilities cross upland forest/woodland (238.5 miles), cultivated cropland (86.4 miles), wetlands (68.2 miles), pasture land (62.0 miles), tree plantation/harvested forest (59.2 miles), developed land (22.5 miles), and open land (16.2 miles). The proposed SHP pipeline facilities cross upland forest/woodland (32.5 miles), pasture land (2.1 miles), developed land (1.3 miles), cultivated cropland (0.4 mile), wetlands (0.2 mile), tree plantation/harvested forest (<0.1 mile), and open land (<0.1 mile). The types of upland woodland/forest crossed by the Projects include coniferous forests, deciduous forests, mixed forests, deciduous savanna and glades, and floodplain and riparian forests (see Table 3.2.1-2). Typical plant species found in the dominant land cover classes are described below. Additional information on agricultural, developed, and open lands is provided in Resource Reports 5 and 8, and additional information on wetlands is provided in Resource Report 2. Agricultural Vegetation Agriculture accounts for a large percentage of the lands crossed by the Projects (see Table 8.3.1-1 in Resource Report 8). Common crops include the following: tobacco, soybeans, corn, apples, tomatoes, peanuts, wheat, grapes, grains, sweet potatoes, and hay (see Resource Report 5). Many of the former hardwood forests in the region have been converted into pine plantations for tree harvest. Pasture primarily consists of grasses used for grazing livestock and for farming. The most common species in pastures crossed by the proposed facilities are fescue grass and orchard grass. 3-37 TABLE 3.2.1-2 Upland Forest/Woodland Crossed by the Atlantic Coast Pipeline and Supply Header Project (in miles)a Coniferous Forests State Miles %b WV 0.1 0.2 VA 0.0 0.0 AP-2 NC 21.1 43.8 AP-3 VA 0.0 0.0 NC 0.0 0.0 AP-4 VA 0.0 0.0 AP-5 VA 0.0 0.0 21.2 Project/Facility Type/Facility Deciduous Forests Mixed Forests Deciduous Savanna and Glade Floodplain and Riparian %b Miles %b Miles %b Miles %b 4.8 7.9 53.7 88.3 0.2 0.3 2.1 45.3 39.7 66.6 58.4 0.0 0.0 2.1 19.4 40.2 1.0 2.1 2.7 5.6 2.3 18.4 5.3 42.4 0.0 0.0 0.5 26.3 1.0 52.6 0.0 0.0 <0.1 <0.1 0.8 99.9 0.0 0.0 <0.1 0.0 0.2 99.9 0.0 0.0 8.9 72.3 30.3 128.6 53.9 2.9 Miles Total Upland Forest/Woodland Miles %b 3.4 60.9 100.0 1.8 114.0 100.0 4.0 8.3 48.2 100.0 4.9 39.2 12.5 100.0 0.4 21.1 1.9 100.0 <0.1 <0.1 0.8 100.0 <0.1 0.0 0.2 100.0 1.2 13.5 5.7 238.5 100.0 ATLANTIC COAST PIPELINE AP-1 3-38 Pipelines Facilities Total SUPPLY HEADER PIPELINE TL-636 PA 0.0 0.0 0.4 22.2 0.5 27.8 0.1 5.6 0.8 44.4 1.8 100.0 TL-635 WV 0.0 0.0 3.4 11.1 26.7 86.9 0.0 0.0 0.6 2.0 30.7 100.0 0.0 0.0 3.8 11.7 27.2 0.1 0.3 1.4 4.3 32.5 100.0 Pipelines Facilities Total 83.7 ____________________ a The numbers in this table have been rounded for presentation purposes. As a result, the totals may not reflect the exact sum of the addends in all cases. b Percent represents the percent of the total pipeline route length crossing a particular upland forest/woodland. Source: USGS GAP, 2011 Resource Report 3 Fish, Wildlife, and Vegetation Upland Forest/Woodland Habitats Coniferous Forests Coniferous forests have cone-bearing trees with needle-like leaves and are mostly evergreen. These forests are commonly found in locations with cooler Summers and long Winters. The most common coniferous trees are spruce, fir, pine, and hemlock. Many coniferous forest species are found in the CA and RV ecoregions. Warmer regions, like the SP, contain mostly cypress and cedar. Loblolly pine plantations are found in the Piedmont region, and longleaf pine plantations are found in the MACP region. Deciduous Forest Deciduous forests (mesic-wet and xeric-mesic) grow best in drier, acidic soils on ridges and mountains and in areas with cold Winters and hot Summers (WVDNR, 2014c). Deciduous forests typically consist of broadleaf trees, shrubs, perennial herbs, and mosses. Although the forest types change depending on ecoregion, the most common species found in the ACP Project area and SHP Project area are red oak, white oak, hickory, and chestnut. Many deciduous forest species are found in the BR and Piedmont ecoregions. Mixed Forests Mixed forests are typically found in temperate to humid climates. In the BR ecoregion, mixed forests consist of oak-hickory-pine forests with hardwoods found in the understory. In the lower parts of the Piedmont ecoregion, mixed forests are dominated by longleaf pines, which have replaced hardwoods in many areas due to lumber production. Mixed forests have had the most land use changes because of agriculture. Deciduous Savanna and Glade Deciduous savanna and glade communities are primarily found in the CA ecoregion where there are shallow soils at higher elevations. Typical species include white cedar, sugar maple, four-leafed milkweed, and pignut hickory. Lower elevations of the savanna are typically surrounded by fragmented agriculture (Conservation Gateway, 2014). Floodplain and Riparian Forests Floodplain and riparian forests, which are located adjacent to waterbodies, are important vegetation communities due to their role in flood control, abundance of biodiversity, and usefulness in agriculture. Some of the common vegetation types found in floodplain and riparian forests in the ACP Project area and SHP Project area are bald cypress, loblolly pine, water tupelo, black willow, Christmas fern, switch cane, and sneezeweed. 3-39 Resource Report 3 Fish, Wildlife, and Vegetation Wetlands The types of wetlands found in the ACP Project area and SHP Project area include palustrine emergent and palustrine forested. The ACP also crosses palustrine scrub-shrub, estuarine intertidal emergent, and estuarine subtidal unconsolidated bottom wetland types. Typical tree species in forested wetlands include red maple, sweetgum, and swamp tupelo. Typical species in scrub-shrub wetlands include red ash, woolgrass, and southern wax myrtle. Typical species in emergent wetlands are cottongrass, bulrush, hopsedge, and brownish beaksedge. Open Land Open lands include disturbed lands, grasslands, shrub lands, beach and shore lands, and cliff, canyon, and talus lands. In some cases, these lands lack vegetation or have little vegetation. In other cases, vegetation consists of grasses, shrubs, or mosses. Typical species in grassland and herbaceous areas include American holly, little bluestem, Japanese stiltgrass, and woodoats. The ACP and SHP will affect very little land assigned to this category. 3.2.1.2 Unique, Sensitive, and Protected Vegetation Communities This section identifies and describes unique, sensitive, and protected vegetation communities (including communities associated with sensitive wildlife species) identified to date along or within the proposed ACP Project area and SHP Project area. These communities were identified through acquisition and review of natural heritage data and consultation with applicable State/Commonwealth agencies for the Projects. Information on these communities is summarized in Table 3.2.1-3. Federal and State/Commonwealth-listed plant species are discussed in Section 3.7 of this report. State/Commonwealth Natural Heritage Communities West Virginia Atlantic and DTI received data from the West Virginia Natural Heritage Program (WVNHP) regarding sensitive communities and species that are crossed by the proposed Projects (WVNHP, 2015). Based on a review of these data, no sensitive communities or element occurrence records of species are crossed by the ACP or SHP. Atlantic and DTI will continue to consult with the WVNHP to determine if sensitive communities and species are crossed by the proposed Projects and if specific surveys are required for conservation sites. 3-40 Resource Report 3 Fish, Wildlife, and Vegetation TABLE 3.2.1-3 Unique, Sensitive, and Protected Vegetation Communities Crossed by the Atlantic Coast Pipeline and Supply Header Project Project/Facility Type/Facility State/ Commonwealth Site Name Milepost In Milepost Out Feet Crossed Miles Crossed Not Applicable Not applicable Not applicable Not applicable Not applicable ATLANTIC COAST PIPELINE AP-1 WV VA AP-2 AP-3 AP-4 NC VA Back Creek Habitat Zone 83.7 84.1 2,122 0.4 Lantz Mountain Habitat Zone 85.2 85.4 742 0.2 Sounding Knob 91.1 92.0 5,077 1.0 Crab Run SCU 92.8 92.8 16 <0.1 Shenandoah Mountain Trail 105.4 105.6 1,074 0.2 Cochrans 135.2 135.4 991 0.2 Lyndhurst 144.4 147.3 13,845 2.6 Miry Run 255.8 256.4 3,226 0.6 Emporia Power Line Bog 285.4 285.8 1,914 0.4 Upper Fontaine Creek Habitat Zone 290.3 292.6 12,038 2.3 Nottoway River - Fort Pickett SCU 255.0 255.7 46 <0.1 Nottoway Basin 254.7 255.2 2,306 0.4 Cypress-Gum Swamp 392.8 393.0 892 0.2 Mesic Mixed Hardwood Forest 421.5 422.1 3297 0.6 Brownwater Levee Forest 421.6 422.1 2595 0.5 Mesic Pine Savanna 472.4 472.7 1,328 0.3 Lower Fontaine Creek 12.4 12.6 1,110 0.2 Handsom-Gum Powerline 28.2 29.0 4,089 0.8 Great Dismal Swamp: Northwest Section 63.9 66.9 15,470 2.9 1.2 Lummis Flatwoods 50.6 51.9 6,569 Great Dismal Swamp 59.4 72.4 41,093 7.8 NC Not applicable Not applicable Not applicable Not applicable Not applicable VA Not applicable Not applicable Not applicable Not applicable Not applicable 120,841 22.9 TBD TBD Not applicable Not applicable TBD TBD Pipeline Facilities Total SUPPLY HEADER PROJECT TL-636 PA TL-635 WV Not applicable Not applicable Pipeline Facilities Total ____________________ Source: NCNHP, 2014; VDCR, 2014b and 2014c, WVNHP, 2015 3-41 Not applicable Resource Report 3 Fish, Wildlife, and Vegetation Red Spruce Forests Originally, the mountains of northern and eastern West Virginia contained approximately 470,000 acres of red spruce (Picea rubens). These red spruce stands were severely reduced due to clear cutting in the nineteenth century, such that today only approximately 29,600 acres remain. Red spruce-northern hardwood ecosystems are ecologically complex and provide suitable habitat for federally listed salamanders, flying squirrels, and bats. Further information on red spruce forests is discussed below in the Monongahela National Forest section. Virginia Atlantic consulted the Virginia Department of Conservation and Recreation (VDCR) NHP to identify sensitive, unique, and protected plant communities along the proposed ACP pipeline routes. The VDCR defines natural heritage resources as habitat for rare, threatened, or endangered plants and animals, unique or exemplary natural communities, and significant geologic formations (VDCR, 2014a). The location of rare species found in the sensitive communities identified along the proposed pipeline routes have not been disclosed at the request of the VDCR NHP. Additional discussion of federally and State/Commonwealth protected species and/or USFS management indicator species that occur within the natural area preserves, conservation sites, or stream conservation units (SCU) crossed by the ACP is provided in Section 3.7 of this report. Information provided by this agency suggests that the proposed ACP will cross portions of 17 Commonwealth-listed areas as described below. Copies of agency correspondence are provided in Appendix 1H of Resource Report 1. The VDCR (2014a) identified natural area preserves, conservation sites, SCUs, and ecological integrity units that support sensitive, unique, or protected vegetation communities within 2 miles of the proposed ACP pipeline routes. According to VDCR (2014a), natural area preserve systems were created in 1989 to protect the most significant natural areas of Virginia. Conservation sites are defined as “key areas of the landscape that warrant further review for possible conservation action because of the natural heritage resources they contain.” Each site encompasses “one or more rare plant, animal, or natural community designed to include the element, its associated habitat, buffer, or other adjacent land thought necessary for the element’s conservation.” SCUs are “stream reaches that contain aquatic natural heritage resources.” Atlantic will continue to consult with the VDCR to determine the requirements to conduct plant species surveys for conservation sites. Ecological Integrity Units, based on the Virginia Natural Landscape Assessment, are used to characterize and measure the significance of conservation lands in Virginia. Conservation lands that are unfragmented are grouped by cores. The cores are based on the value of the habitat and ranked accordingly. Habitat fragmentation causes discontinuous habitats for certain species, and could possibly cause population fragmentation. When habitats are cut by developments or roads, it species that rely on large areas of habitat for survival and reproduction are potentially threatened. Table 3.2.1-4 describes the Virginia Ecological Integrity Units, and how they relate to the sensitive vegetation communities described below. The ecological integrity scores are as follows: Outstanding (C1); Very High (C2); High (C3); Moderate (C4); and General (C5). 3-42 Resource Report 3 Fish, Wildlife, and Vegetation TABLE 3.2.1-4 Ecological Integrity Units and Sensitive Communities Crossed by the Atlantic Coast Pipeline in Virginia Ecological Integrity Unit Milepost In Milepost Out Feet Crossed Miles Crossed Back Creek Habitat Zone C2 83.7 84.1 2,122 0.4 Lantz Mountain Habitat Zone C5 85.2 85.4 742 0.2 Sounding Knob C2 91.1 92.0 5,077 1.0 Crab Run SCU Not applicable a 92.8 92.8 16 <0.1 Shenandoah Mountain Trail C3 105.4 105.6 1,074 0.2 Cochrans C5 135.2 135.4 991 0.2 Lyndhurst C5 144.4 147.3 13,845 2.6 Miry Run C4 255.8 256.4 3,226 0.6 Emporia Power Line Bog C3 285.4 285.6 1,914 0.4 Upper Fontaine Creek Habitat Zone C2 290.3 292.6 12,038 2.3 Nottoway River - Fort Pickett SCU C4 255.0 255.7 46 <0.1 Nottoway Basin C4 254.7 255.2 2,306 0.4 Lower Fontaine Creek C3 12.4 12.6 1,110 0.2 Handsom-Gum Powerline C3 28.2 29.0 4,089 0.8 Great Dismal Swamp: Northwest Section C5 63.9 66.9 15,470 2.9 C3, C5 50.6 51.9 6,569 1.2 C1, C2, C5 59.4 72.4 41,093 7.8 Site Name Lummis Flatwoods Great Dismal Swamp ____________________ a The Crab Run Stream Conservation Unit (SCU) does not have an Ecological Integrity Unit. Source: VDCR, 2014b and 2014c The VDCR (2014a) identified five natural area preserves in the vicinity of the proposed ACP Project area in Virginia. Atlantic reviewed the proposed routes relative to these preserves and determined that none will be impacted by the ACP. Atlantic will continue to consult with the VDCR to confirm if buffers are required to protect the natural area preserves in the vicinity of the proposed ACP Project area. The locations of the preserves relative to the proposed ACP Project area are as follows: Folly Mills Creek Fen State Natural Area Preserve is located approximately 1.0 mile to the southwest of the proposed AP-1 mainline route near MP 133.1 in Augusta County. Cowbane Prairie State Natural Area Preserve is located approximately 1.9 miles to the southwest of the proposed AP-1 mainline route near MP 140.9 in Augusta County. Naked Mountain State Natural Area Preserve is located approximately 1.6 miles north of the proposed AP-1 mainline route near MP 170.5 in Nelson County. Cypress Bridge State Natural Area Preserve is located approximately 1.9 miles north of the proposed AP-3 lateral route near MP 29.4 in Southampton County. South Quay Sandhills State Natural Area Preserve is located approximately 1.1 miles southwest of the proposed AP-3 lateral route near MP 38.5 in Southampton County. 3-43 Resource Report 3 Fish, Wildlife, and Vegetation The VDCR (2014a) also identified 20 conservation sites and SCUs containing unique, sensitive, and protected vegetation community areas within 2 miles of the proposed pipeline routes. Of these, three sites (Naked Mountain Addition Open Space Easement and Natural Area Preserve Dedication Project, North Fork Floodplain Conservation Site, and Southampton One and Two Easement Projects) will not be crossed or otherwise affected by the proposed ACP. The remaining sites identified by VDCR are described below. Potential impacts on these sites are discussed in Section 3.2.4. Back Creek Habitat Zone The Back Creek Habitat Zone, which consists of a series of high elevation pasturelands, is a Commonwealth-listed conservation site that supports significant natural communities and habitats of rare terrestrial plants including the pearly everlasting (Anaphalis margaritacea). The Back Creek Habitat Zone is categorized as having very high ecological importance (C2). The proposed AP-1 mainline route crosses 0.4 mile (2,122 feet) of the conservation site between MPs 83.7 and 84.1 in Highland County, Virginia. No known occurrences of rare species are found along the route (VDCR, 2015a). Based on consultations with the VDCR, surveys for plant species in this area are not required; however, restoration of the right-of-way will need be coordinated with the VDCR (VDCR, 2015a). Results of this coordination will be provided to the FERC when it becomes available. Lantz Mountain Habitat Zone The Lantz Mountain Habitat Zone, a high elevation mountain, is a Commonwealth-listed conservation site that supports habitats of rare terrestrial plants and animals or significant natural communities. The pearly everlasting is associated with this conservation site. The proposed AP1 mainline route crosses 0.2 mile (742 feet) of the site between MPs 85.2 and 85.4 in Highland County. Based on consultations with the VDCR (2015a and 2015b), no occurrences of sensitive plant species occur along the proposed route; therefore, field surveys for plant species are not required. Sounding Knob Sounding Knob is a Commonwealth-listed conservation site that encompasses higher elevations containing significant natural communities and provides habitat for rare terrestrial plants and animals. Sounding Knob is categorized as having very high ecological importance (C2). One native plant species of interest associated with this conservation site is the white alumroot (Heuchera alba). The proposed AP-1 mainline route crosses approximately 1.0 mile (5,077 feet) of the conservation site between MPs 91.1 and 92.0 in Highland County. The route does not cross any known occurrences of Commonwealth or federally listed terrestrial plant species at the site (VDCR, 2014b, 2015c). Based on consultations with the VDCR (2015a), field surveys for plant species are not required at this site. Crab Run Stream Conservation Unit Crab Run is a SCU that borders habitats for rare aquatic plants and a Commonwealth rare aquatic insect (heteropteran or “true bug”). The proposed AP-1 mainline route crosses less than 0.1 mile (16 feet) of the SCU at MP 92.8 in Highland County. Atlantic confirmed with VDCR 3-44 Resource Report 3 Fish, Wildlife, and Vegetation staff that the construction crossing methods for this stream will follow the FERC’s Procedures to avoid impacts on water quality (VDCR, 2015a). Crab Run is currently proposed to be crossed using the dam-and-pump or flume method. Additional consultation with VDCR will continue to assess impacts on this site. Shenandoah Mountain Trail Shenandoah Mountain Trail is a Commonwealth-listed conservation site that borders habitats of rare terrestrial plants or significant natural communities. The conservation site is categorized as having high ecological importance (C3). The area is home to a globally rare amphibian, the Cow Knob salamander, which is recognized as a USFS management indicator species within the GWNF. The proposed AP-1 mainline route crosses 0.2 mile (1,074 feet) of the conservation site from MP 105.4 to MP 105.6 in Augusta County. No known occurrences of rare plants occur along the route (VDCR, 2014b, and 2015b); however, Atlantic will conduct surveys for Cow Knob salamanders as discussed in Section 3.7 below. Additional consultation with VDCR will continue to assess impacts on plants at the site. Cochrans Cochrans is a Commonwealth-listed conservation site that contains a significant cave due to its geology, hydrology, and aesthetics; there are no rare plants associated with this cave (VDCR, 2015b). The cave contains rare invertebrates including the federally threatened Madison cave isopod and the globally rare Madison cave amphipod. The proposed AP-1 mainline route crosses 0.2 mile (991 feet) of the site between MPs 135.2 and 135.4 in Augusta County. VDCR (2015b) commented about the protection of groundwater hydrology to protect the rare invertebrates associated with this cave. Additional consultation with VDCR will continue to assess impacts on the site. Lyndhurst Lyndhurst is a Commonwealth-listed conservation site that contains sinkhole ponds, mixed forests, and pastures which contain habitat for rare plants that are federally and Commonwealth-listed. The site is categorized as having general ecological importance (C5). Virginia sneezeweed (Helenium virginicum), which has a Federal listing as threatened and a Commonwealth listing as endangered, has been documented at this conservation site (VDCR 2014a, 2014b, 2015a, 2015b). The proposed AP-1 mainline route crosses 2.6 miles (13,845 feet) of the site between MPs 144.4 and 147.3 in Augusta County. VDCR (2015a, 2015b) commented about the sinkhole ponds in this area and said that the protection of groundwater hydrology at the site is important. Additional consultation with VDCR will continue to assess impacts on the site. Miry Run Miry Run is a Commonwealth-listed conservation site that contains potential habitat for rare species, including a globally rare and federally endangered plant, Michaux’s sumac (Rhus michauxii), which is associated with pine plantations. The proposed AP-1 mainline route crosses 0.6 mile (3,226 feet) of the conservation site between MPs 255.8 and 256.4 in Brunswick County, but avoids known populations of Michaux’s sumac (VDCR, 2014b and 2014c). Additional consultation with VDCR will continue to assess impacts on the site. 3-45 Resource Report 3 Fish, Wildlife, and Vegetation Emporia Powerline Bog Emporia Powerline Bog is a Commonwealth-listed conservation site along a flat, herbdominated powerline right-of-way that supports many Commonwealth rare plants requiring a bog environment. The conservation site is categorized as having high ecological importance (C3). The proposed AP-1 mainline route crosses 0.4 mile (1,914 feet) of the site between MPs 285.4 and 285.8 in Greensville County. Several rare plants may occur within approximately 300 feet of the proposed ACP Project area (VDCR, 2014b and 2015c). VDCR (2015a) commented about protecting and understanding the local hydrology and water quality of the site in order to protect the rare plants dependent on these habitat features. Additional consultation with VDCR will continue to assess impacts on the site. Upper Fontaine Creek Habitat Zone The Upper Fontaine Creek Habitat Zone is a Commonwealth-listed conservation site that supports habitats of rare terrestrial plants or significant natural communities including Bald Cypress – Water Tupelo Brownwater Swamp and Coastal Plain Bottomland Forest. The conservation site is categorized as having very high ecological importance (C2). The proposed AP-1 mainline crosses 2.3 miles (12,038 feet) of the conservation site between MPs 290.3 and 292.6 in Greensville County; however, the proposed route does not cross known occurrences of rare terrestrial plants associated with this conservation site (VDCR, 2014b and 2014c). The VDCR (2015a) commented about protecting the water quality of Fontaine Creek. Additional consultation with VDCR will continue to assess impacts on the site. Nottoway River – Fort Pickett Stream Conservation Unit The Nottoway River – Fort Pickett SCU is a Commonwealth-listed site that borders habitats of rare aquatic plants and animals. Riparian habitat at the site supports Federal and Commonwealth-listed mussels and fish. The proposed AP-1 mainline route crosses less than 0.1 mile (46 feet) of the site between MPs 255.0 to 255.7 in Brunswick County. Atlantic is conducting ongoing mussel assessments along the Nottoway River. The VDCR (2014a) commented about protecting the water quality and hydrology in order to maintain the habitat of aquatic animals. Additional consultation with VDCR will continue to assess impacts on the site. Nottoway Basin Nottoway Basin is a Commonwealth-listed conservation site that borders habitats of rare terrestrial plants, animals, and significant natural communities, including old growth, bald cypress-water tupelos. These significant natural features help protect the water quality in the Nottoway River. One fairly common plant species at the site is Cuthbert’s turtlehead, which is an obligate to wetlands in the Eastern Mountains, Piedmont, and Atlantic Coastal Plain regions. The proposed AP-1 mainline route crosses 0.4 mile (2,306 feet) of the site between MPs 254.7 to 255.2 in Dinwiddie and Brunswick Counties. The VDCR (2014a) commented about maintaining the intact mesic forests for the benefit of the associated resources. Additional consultation with VDCR will continue to assess impacts on the site. 3-46 Resource Report 3 Fish, Wildlife, and Vegetation Lower Fontaine Creek Lower Fontaine Creek is a Commonwealth-listed conservation site that borders habitats of uncommon terrestrial plants or significant natural communities, including old growth, bald cypress-water tupelos. The site is categorized as having high ecological importance (C3). One uncommon plant in the Commonwealth found at the site is the crowfoot fox sedge (Carex cruscorvi), which is an obligate species in wetlands in the Eastern Mountains, Piedmont, and Atlantic Coast Plain regions (U.S. Department of Agriculture [USDA] Natural Resources Conservation Service [NRCS], 2014a). The proposed AP-3 lateral route crosses 0.2 mile (1,110 feet) of the site between MPs 12.4 to 12.6 in Greensville and Southampton Counties. The site does not cross any element occurrences of a federally or Commonwealth-listed species (VDCR, 2014b and 2014c). Additional consultation with VDCR will continue to assess impacts on this site. Handsom-Gum Powerline Handsom-Gum Powerline is a Commonwealth-listed conservation site around a saturated, herb-dominated powerline right-of-way, and is categorized as having high ecological importance (C3). The site provides habitat to several Commonwealth rare plants requiring a bog environment. The proposed AP-3 lateral route crosses 0.8 mile (4,089 feet) of the site between MPs 28.2 and 29.0 in Southampton County. This site is important to the VDCR due to the amount of sensitive plants in the area as well as a known occurrence of eastern big-eared bat roost habitats (VDCR, 2015a). The agency suggested placing the proposed lateral adjacent to the existing powerline right-of-way in this area, which the proposed route follows (VDCR, 2015a). The VDCR commented about protection of water quality and hydrology of the wetlands for the protection of the rare plants (VDCR, 2015b). Additional consultation with VDCR will continue to assess impacts on this site. Great Dismal Swamp: Northwest Section This conservation site is a section of swamp located outside the Great Dismal Swamp National Wildlife Refuge on the north side of U.S. Highway 13 in the City of Chesapeake. The site contains remnants of forested swamp and associated uplands. One common plant species in this area is the lax hornpod (Mitreola petiolata), which is a facultative wetland plant in the Eastern Mountains, Piedmont, and Atlantic Coastal Plains regions (USDA NRCS, 2014b). The proposed AP-3 lateral route crosses 2.9 miles (15,470 feet) of the site between MPs 63.9 to 66.9 and does not cross known populations of protected plants (VDCR, 2014b and 2014c. Additional consultation with VDCR will continue to assess impacts on this site. Lummis Flatwoods Lummis Flatwoods is a Commonwealth-listed conservation site that contains populations of an uncommon plant, Raven’s seedbox (Ludwigia ravenii). This plant is found along a moist to wet power line right-of-way within the conservation site. Raven’s seedbox is an obligate wetland plant species in the Mid-Atlantic Coastal Plain region (Auch, 2014). The site also contains several plants and an amphibian that are rare to the Commonwealth of Virginia. The proposed AP-3 lateral route crosses 1.2 miles (6,569 feet) of the site between MPs 50.6 and 51.9 in Suffolk County; however, the route does not cross any known occurrences of rare plant 3-47 Resource Report 3 Fish, Wildlife, and Vegetation species in the area (VDCR, 2014b and 2014c). Additional consultation with VDCR will continue to assess impacts on this site. Great Dismal Swamp National Wildlife Refuge This conservation site encompasses the Great Dismal Swamp National Wildlife Refuge and adjacent areas, including areas considered to be of outstanding ecological importance (C1). In total, the site encompasses approximately 112,000 acres of forests, including pine, black gum, tupelo-bald cypress, Atlantic white-cedar, maple, and sweetgum-oak poplar. Some sensitive plant species that occur in this area are big gallberry (Illex coriacea), lax hornpod, Raven’s seedbox, Elliott’s goldenrod (Solidago latissimifolia), and red turtlehead (Chelone obliqua) (VDCR, 2014b and 2014c). Big gallberry is a facultative species for wetlands in the Eastern Mountains, Piedmont, and Atlantic Coastal Plain regions (USDA NRCS, 2014c). Elliot’s goldenrod and Red turtlehead are both obligate species for wetlands in the same regions (USDA NRCS, 2014d). The conservation site also contains marshes with a variety of vines and hardwoods, including cattails (FWS, 2014a). The proposed AP-3 mainline route crosses 7.8 miles (41,093 feet) of the conservation site between MP 59.5 to 72.4 in the Cities of Suffolk and Chesapeake. Additional consultation with VDCR will continue to assess impacts on this site. North Carolina Atlantic consulted the NCNHP to identify unique plant communities along and in the vicinity of the proposed AP-2 mainline route in North Carolina (see Appendix 1H of Resource Report 1 for copies of agency correspondence). The NCNHP provided Atlantic with a table listing all sensitive areas within a 300-foot-wide corridor centered on the proposed centerline. Based on review of this data, Atlantic determined that four sensitive vegetation communities are crossed by the proposed pipeline route: Cypress-Gum Swamp, Brownwater Levee Forest, Mesic Mixed Hardwood Forest, and Mesic Pine Savanna. A brief description of these communities is provided below. Site-specific impacts are discussed in Section 3.2.4. Cypress-Gum Swamp The Cypress-Gum Swamp is located in a region where forests have evolved to live in flooded land. The trunks of the trees are swollen to support themselves in a wet soil (Frankberg, 2014). Common tree species in the Cypress-Gum Swamp include Carolina ash and red maples. Cypressknee sedge is also present. The proposed AP-2 mainline route crosses 0.2 mile (1,892 feet) of the Cypress-Gum Swamp between MPs 392.8 and 393.0 in Johnston County. Brownwater Levee Forest The Brownwater Levee Forest is located in areas of the coastal plain with high nutrient levels in the water and soil. The forest develops along brownwater rivers, which are typically neutral in pH (NCWRC, 2014c). Common tree species are sycamore, river birch, laurel oak, and willow. The forest is threatened by land use changes, including the building of dams (NCWRC, 2014c). The proposed AP-2 mainline route crosses areas within the Tar-Pamlico River Watershed in Cumberland County, which contains a portion of the Brownwater Levee Forest. 3-48 Resource Report 3 Fish, Wildlife, and Vegetation The crossing, which measures approximately 0.5 mile (2,595 feet) in length, occurs between MPs 421.6 and 422.1. Mesic Mixed Hardwood Forest Mesic mixed hardwood forests are found in the Coastal Plain and Piedmont ecoregions. Typically, these forests are found on slopes, uplands, and ravines where evenly distributed moisture can be found throughout the year (VDCR, 2014a). Some of the common vegetation found in these forests includes oak, hickory, dogwood, American holly, Christmas fern, partridgeberry, and American strawberry bush (VDCR, 2014a). The forests are valued for abundant biodiversity and serving as a key component to local ecosystems (NCWRC, 2014c). Several notable species, such as the Appalachian blazing star, Sandhills fire lily, and roughleaf yellow loosestrife, are found in mesic mixed hardwood forests. The proposed AP-2 mainline route crosses approximately 0.6 mile (3,297 feet) of the Mesic Mixed Hardwood Forest between MPs 421.5 and 422.1 in Cumberland County. Review of the natural heritage data suggests that populations of Appalachian blazing star (Liatris squarrulosa), Sandhills fire lily (Lilium pyrophilum), and roughleaf yellow loosestrife (Lysimachia asperulifolia) may be found within 4,000 to 5,000 feet of this crossing (VDCR 2014b and 2014c). Mesic Pine Savanna Mesic pine savanna communities are reliant on fire control and do not contain many trees. Shrubs and grasses are commonly found in the savanna, although some of the area has been converted into pine plantations for lumber production (FWS, 2014b). Running oak (Quercus elliotti) is a rare species of oak only found in the savanna of North Carolina (Cook, 2013). The proposed AP-2 pipeline route crosses 0.3 mile (1,328 feet) of the Mesic Pine Savanna between MPs 472.4 and 472.7 in Robeson County. Review of the natural heritage data suggests a possibility that running oak could occur less than 1,000 feet from this crossing. Pennsylvania DTI used the PNDI Project Environmental Review online system to identify sensitive, unique, or protected vegetation communities in the vicinity of the proposed SHP facilities in Pennsylvania (see Appendix 1I of Resource Report 1 for copies of agency correspondence). According to the PNDI, one Commonwealth-listed species of concern, puttyroot orchid (Aplectrum hyemale), may occur near the Crayne Compressor Station study area. Puttyroot is associated with moist woodlands, forested slopes, and stream bank habitats. DTI has sent the PNDI result to the Pennsylvania Department of Conservation and Natural Resources (PDCNR) to clarify if habitat is present or if surveys are required; however, DTI does not anticipate habitat for the puttyroot orchid within the Crayne Compressor Station study area. DTI will continue to monitor the PNDI to verify that no new sensitive resources are added to the areas proximate to the SHP. 3-49 Resource Report 3 Fish, Wildlife, and Vegetation State/Commonwealth Lands West Virginia The proposed AP-1 mainline route crosses approximately 1.3 miles of State owned and managed land in West Virginia. Between approximate MPs 53.8 and 55.2 in Randolph, County, the route crosses the Hunttonsville Wildlife Management Area (WMA), which is managed by the WVDNR. The WMA encompasses approximately 2,720 acres of valley farmland hardwood forest on adjacent mountain slopes. The proposed TL-635 route crosses approximately 3.6 miles of WVDNR land in the Lewis Wetzel WMA. This area encompasses approximately 13,590 acres of steep terrain ranging in elevation from 736 to 1,560 feet above sea level. The WMA is mostly forested with oak-hickory and cove hardwood species. The SHP TL-635 crosses the WMA between MPs 23.3 and 26.8, MPs 27.1 and 27.2 in Wetzel, County. Virginia The proposed AP-1 mainline route crosses approximately 0.4 mile of Commonwealth land managed by the VDGIF in the Highland WMA in Highland County, which encompasses approximately 14,283 acres (VDGIF, 2015b). Timber types in the WMA are primarily upland hardwood forest consisting of oak/hickory and mixed oak stands. The WMA also includes an 80-acre area of blue grass sod on the Jack Mountain tract that was formerly used as Summer pasture (VDGIF, 2015b). Small wildlife clearings and seeded logging roads provide additional herbaceous cover. Management activities in the WMA are concentrated in areas accessible by roads and habitat diversity is provided through small timber sales to create early successional habitat or enhance hard mast production. Plantings of trees and shrubs that produce soft mast (e.g., apple, dogwood, or cherry) enhance available natural foods for wildlife. The ACP crosses the Highland WMA between MPs 94.4 and 94.8. North Carolina This section will be updated in the final Resource Report 3 based on ongoing consultations with staff from the State of North Carolina. Pennsylvania No Commonwealth owned lands are crossed by the SHP in Pennsylvania. Federal Lands The proposed AP-1 mainline route crosses the MNF in West Virginia and the GWNF, Blue Ridge Parkway, and Great Dismal Swamp National Wildlife Refuge in Virginia. No Federal land is crossed by the SHP. The proposed ACP pipeline routes cross upland forested habitats in each of the Federal lands as summarized in Table 3.2.1-5. Additional vegetation types crossed by the ACP on Federal lands are identified below. 3-50 Resource Report 3 Fish, Wildlife, and Vegetation TABLE 3.2.1-5 Upland Forested Habitats Crossed in Federal Land for the Atlantic Coast Pipeline (in miles) Coniferous Forests Deciduous Forests Mixed Forests Deciduous Savanna and Glade Floodplain and Riparian Total Upland Forests National Forest Miles % Miles % Miles % Miles % Miles % Miles % Monongahela National Forest 0.1 0.6 3.4 21.2 12.5 78.1 <0.1 0.0 0.0 0.0 16.0 100.0 George Washington National Forest 0.0 0.0 9.6 85.7 1.6 14.3 0.0 0.0 0.0 0.0 11.2 100.0 Blue Ridge Parkway 0.0 0.0 < 0.1 100 0.0 0.0 0.0 0.0 0.0 0.0 <0.1 100.0 Great Dismal Swamp National Wildlife Refuge 0.0 0.0 0.3 100 0.0 0.0 0.0 0.0 0.0 0.0 0.3 100.0 ____________________ Source: USGS GAP, 2011 Note: This data only represent upland habitats crossed on federally owned land but does not include tree plantations or harvested forests. Monongahela National Forest The MNF supports one of the most ecologically significant forests in the United States (USDA, 2014a). The proposed AP-1 mainline route crosses approximately 17.9 miles of USFS owned and administered land within the MNF. The ACP Project area crosses approximately 16.0 miles of upland forested habitat in the MNF as summarized in Table 3.2.1-5 above. The vegetation habitat types crossed by the AP-1 mainline area in the MNF include developed areas (1.5 miles), open land (0.2 mile), and other types (<0.2 mile) (USGS GAP, 2011). Within the MNF there are three successional stages of forest (early, mature, late) that can be further distinguished by age. Late successional forests can feature old large trees and large standing down trees (USDA, 2011a). Forests in the MNF are mostly secondary growth; old growth forest comprises less than one percent of the entire MNF (USDA, 2011a). Old growth forest is not managed as a separate entity or distinct resource in the MNF, but rather it is integrated into the larger spectrum of vegetation management (USDA, 2011a; USFS, 2015). Where old growth does exist, it is limited to small, scattered patches within a larger matrix of primarily 70- to 90-year-old forests (USDA, 2011a; USFS, 2015). Atlantic is consulting with USFS staff, and will be completing botanical surveys, to determine if any old growth stands of red spruce or other tree species are crossed by the proposed AP-1 mainline in the MNF. The proposed AP-1 mainline route will cross a variety of forest stands in the MNF. These forest types include mixed upland hardwoods, sugar maple (beech/yellow birch), red spruce (balsam fir), red maple, birch, black cherry (white ash/yellow poplar), chestnut oak, mixed oaks, hemlock, northern red oak, and beech (USDA, 2005). The remaining lands that will be crossed in the MNF consist of open lands/grass (USDA, 2005). According to the MNF LRMP (USDA, 2011a), sustainable timber production will be maintained throughout the MNF, primarily in areas with sugar maple and yellow birch trees. Timber production is expected to include 20,000 to 40,000 acres over the next 10 years. Red spruce, hemlock, white pine, dogwood, serviceberry, and shrub species that produce mast for wildlife are not harvested in the forest (USDA, 2011a). 3-51 Resource Report 3 Fish, Wildlife, and Vegetation Red Spruce Stands The USFS provided Atlantic with GIS data mapping the amount and composition of red spruce stands in the MNF (USDA, 2013). As shown in the Table 3.2.1-6, the majority of the route on the MNF (approximately 11.5 miles) does not cross red spruce forest. Approximately 5.3 miles crosses areas with trace red spruce cover (less than 10 percent red spruce) and approximately 1.1 mile crosses areas with medium red spruce cover (10 to 50 percent red spruce). The route across the MNF avoids areas with high red spruce cover (greater than 50 percent cover) (USDA, 2013; USDA, 2015). TABLE 3.2.1-6 Crossings of Red Spruce Forest in the Monongahela National Forest Red Spruce Cover Density Feet Crossed Miles Crossed Medium Cover a 5,843.7 1.1 Trace Cover b 28,072.5 5.3 60,501.2 11.5 94,417.4 17.9 Other Vegetation c Total ____________________ Note: Classification as identified in data provided by the MNF: a Medium Cover based on 10-50 percent red spruce cover. b Trace Cover based on <10 percent red spruce cover. c Other Vegetation may potentially be close to red spruce range, and encompasses all other tree species Source: USDA, 2013 Lambert Restoration Project Populations of red spruce in the MNF occur at high elevations, including areas that are being restored. The USFS has been implementing the Lambert Restoration Project to improve watershed conditions and wildlife habitat, and restore native red spruce-northern hardwood ecosystems on the Lambert Run Strip coalmine and approximately 1,000 acres of additional abandoned coal mine lands in Randolph, County, West Virginia. A portion of the proposed AP1 mainline route across the MNF follows the abandoned Lambert Run Strip coalmine across Cheat and Back Allegheny Mountains. This area is currently dominated by non-native grasses and trees due to past rehabilitation efforts to reclaim impacted areas (USDA, 2011). The USFS has recently taken efforts to decompact soils, control non-native plant species, and plant native species associated with spruce-hardwood ecosystems (USFS, 2015). The USFS (2015) reported that the planted tree saplings have been browsed by deer, and the area remains largely clear of vegetation. The proposed AP-1 mainline route crosses approximately 4.0 miles of the Lambert Spruce Restoration Area. USFS (2015) commented about the potential for a pipeline right-ofway within the red spruce-northern hardwood restoration area if it is maintained in an herbaceous state. Atlantic will coordinate with the MNF regarding planned restoration activities in this area. George Washington National Forest The GWNF is known for its high biodiversity including 2,000 species of shrubs and plants and 40 species of trees. It mostly consists of pine-hardwood and Appalachian hardwood 3-52 Resource Report 3 Fish, Wildlife, and Vegetation forests. One of the goals of the GWNF LRMP is to actively restore spruce, yellow pine, beaver meadows, riverfront hardwoods, chestnut, and hemlock (USDA, 2011b). The proposed AP-1 mainline route crosses approximately 11.8 miles of USFS owned and administered land. The ACP Project area crosses approximately 11.2 miles of upland forested habitat in the GWNF as summarized in Table 3.2.1-5 above. Additional vegetation habitat types crossed by the ACP Project area in the GWNF include developed areas (0.4 mile) and tree plantation/harvested forest (0.2 mile) (USGS GAP, 2011). Appalachian Trail The proposed AP-1 mainline route crosses the Appalachian Trail approximately at MP 153.7 on USFS lands in the GWNF. Vegetation types around this feature consist of deciduous forest and woodland (USGS GAP, 2011). As discussed in Resource Reports 1 and 8, Atlantic is evaluating use of the HDD construction method to install the proposed pipeline under both the Appalachian Trail and Blue Ridge Parkway at the same time (see Section 1.5.2.1 of Resource Report 1 for a description of the HDD method). The HDD method would avoid direct impacts on the Appalachian Trail including impacts on vegetation immediately adjacent to this feature. Blue Ridge Parkway The proposed AP-1 mainline route crosses the Blue Ridge Parkway approximately at MP 153.8 on National Park Service lands. Vegetation types around this feature consist of deciduous forest and woodland (USGS GAP, 2011). As discussed in Resource Reports 1 and 8, Atlantic is evaluating use of the HDD construction method to install the proposed pipeline under both the Appalachian Trail and Blue Ridge Parkway at the same time (see Section 1.5.2.1 of Resource Report 1 for a description of the HDD method). The HDD method would avoid direct impacts on the Blue Ridge Parkway, including impacts on vegetation immediately adjacent to this feature. Great Dismal Swamp National Wildlife Refuge The Great Dismal Swamp National Wildlife Refuge encompasses approximately 112,000 acres of forested wetland, lake, and adjacent upland areas in southeastern Virginia and northeastern North Carolina. It is a small remnant of a much larger swamp estimated to have measured greater than 1 million acres in size, much of which was destroyed by human activities, including artificial drainage. Dominant tree species in the refuge include pine, black gum, tupelo-bald cypress, Atlantic white cedar, maple, and sweetgum-oak poplar (see the discussion above on the Great Dismal Swamp National Wildlife Refuge conservation site). The proposed AP-3 lateral route crosses approximately 1.7 miles of the refuge in the Cities of Suffolk and Chesapeake, mostly adjacent to existing utility rights-of-way. The proposed ACP pipeline facilities cross deciduous forests and woodlands (0.3 mile), open land (0.2 mile), approximately 0.1 mile of agricultural and developed land, with the remaining areas categorized as forested wetland and waterbodies (USGS GAP, 2011). This section will be updated in the final Resource Report 3 based on ongoing consultations with Great Dismal Swamp National Wildlife Refuge staff. 3-53 Resource Report 3 Fish, Wildlife, and Vegetation 3.2.2 Invasive Plant Species A noxious weed is any plant officially designated by a Federal, State/Commonwealth, or County government as injurious to public health, agriculture, recreation, wildlife, or property (Sheley et al., 1999). Noxious weeds are opportunistic plant species that readily flourish in disturbed areas, preventing native plant species from establishing successful communities. The more general term “invasive species" is used for species that are non-native to the ecosystem under consideration and whose introduction causes or is likely to cause economic or environmental harm or harm to human health. Invasive plants include not only noxious weeds but other plants that are not native to an area. Atlantic and DTI are consulting with the appropriate agencies with regards to invasive species in the ACP Project area and SHP Project area. Additionally, Atlantic’s and DTI’s field biologists are recording locations of invasive plant species along the proposed pipeline routes as part of the ongoing environmental surveys for the Projects. Under Executive Order 13112, a Federal agency shall not authorize, fund, or carry out actions likely to cause or promote the introduction or spread of invasive species in the United States unless it is determined that the benefits of such actions outweigh the potential harm and that all feasible and prudent measures to minimize risks are implemented. Due to the widespread population of many invasive species in the ACP Project area and SHP Project area, Atlantic and DTI will implement measures to prevent the spread of invasive species using best management practices for pipeline projects. These measures will be described in an Invasive Plant Species Management Plan, which will be provided in Appendix 1F of the final Resource Report 1.6 West Virginia The West Virginia Noxious Weed Act prohibits persons, including corporations, from moving, transporting, delivering, shipping, or offering for shipment noxious weeds into or within the State without a permit from the Secretary of Agriculture. A list of noxious weed species is published by the West Virginia Department of Agriculture. This list will be included in the Invasive Plant Species Management Plan, which will be provided in Appendix 1F of the final Resource Report 1. The most common invasive plant species in West Virginia are marijuana, plumeless thistle, curled thistle, musk thistle, autumn olive, opium poppy, kudzu, multiflora rose, and johnsongrass (USDA, 2014b). Many of these species are common and widespread in disturbed areas, forest edges, and dominant understory. To date, Atlantic and DTI have identified autumn olive, multiflora rose, johnsongrass, musket thistle, Japanese stiltgrass, Japanese knotweed, morrow’s honeysuckle, and tree of heaven within the ACP Project area and SHP Project area in West Virginia. Locations of invasive plant species along the proposed pipeline routes in West Virginia will be included in the 6 In comments filed with the FERC, an individual suggested that the USFS document titled A Management Guide for Invasive Plants in Southern Forests (Miller et al., 2010) be used in lieu of the FERC Plan. Atlantic and DTI are currently reviewing the USFS document and will incorporate applicable measures into the Invasive Plant Species Management Plan. 3-54 Resource Report 3 Fish, Wildlife, and Vegetation Invasive Plant Species Management Plan, which will be provided in Appendix 1F of the final Resource Report 1. Virginia Common invasive plant species in Virginia include purple loosestrife and European wand loosestrife, which are the only two invasive species listed in the Commonwealth (USDA, 2014b; VDCR 2014d). In correspondence with Atlantic, the Virginia Department of Agriculture and Consumer Services (VDACS, 2014) suggested that Atlantic survey for these species as well as the following additional species: beach vitex, giant salvinia, giant hogweed, tropical soda apple, wavy-leaf basketgrass, water spinach, and cogongrass/Japanese blood grass. Other common invasive species, like johnsongrass, multiflora rose, musk thistle, and curled thistle, are widespread throughout Virginia. To date, Atlantic has recorded one instance of basketgrass along the proposed AP-1 mainline route at MP 241.4 in Nottoway County. Other identified invasive plant species include johnsongrass in Nottoway County (MP 240.6), and Japanese stiltgrass in Cumberland County (MP 213.5). Locations of invasive plant species along the proposed pipeline routes will be included in the Invasive Plant Species Management Plan, which will be provided in Appendix 1F of the final Resource Report 1. North Carolina Common invasive plant species in North Carolina include Japanese stiltgrass, swamp stonecrop, water snowflake, plumeless thistle, yellow fieldcress, and Canadian thistle (North Carolina Department of Agriculture and Consumer Services [NCDACS], 2014a). The North Carolina Plant Pest Law empowers the North Carolina Board of Agriculture to implement regulations for preventing the spread of plant pests, including invasive plant species. The NCDACS provided Atlantic with a list of North Carolina invasive plant species to use during surveying (NCDACS, 2014b). Additionally, the NCDENR commented on the spread of invasive plant species. To date, Japanese stiltgrass has been recorded along the proposed AP-2 mainline route at MP 296.9 in Northampton County and MP 359.9 in Wilson County. Locations of invasive plant species along the proposed pipeline route will be included in the Invasive Plant Species Management Plan, which will be provided in Appendix 1F of the final Resource Report 1. Pennsylvania The Pennsylvania Department of Agriculture administers Commonwealth programs for invasive species and maintains a list of invasive plant species. Common invasive plant species on the list are bull thistle, Canadian thistle, giant hogweed, Goatsrue, jimsonweed, johnsongrass, kudzu, marijuana, mile-a-minute, multiflora rosa, musk thistle, purple loosestrife, and shatter cane (PADA, 2000). None of these species were identified during survey of the proposed SHP in Pennsylvania. 3-55 Resource Report 3 Fish, Wildlife, and Vegetation Federal Land Monongahela National Forest One of the goals identified in the 2006 version of the MNF’s LRMP was to create a nonnative invasive species list for the forest. The list was completed in 2010 with recommendations for mitigating impacts associated with invasive species, including: cleaning of logging equipment; follow-up monitoring and treatment of project sites; use of weed free seeds; special use permits; and borrow pit inspections. The list of non-native invasive species identified for the MNF and their occurrence along the ACP will be included in the Invasive Plant Species Management Plan, which will be provided in Appendix 1F of the final Resource Report 1. During a meeting, the USFS (2015) commented about the spread of non-native species particularly in red spruce dominated areas of the MNF. There were specific comments on spotted knapweed, which has the ability to quickly invade disturbed areas and change soil properties potentially inhibiting the growth of native species (USFS, 2015). In addition, there were comments about the creation of a new right-of-way, which could increase the spread of invasive plant species due to the potential for increased recreational activity (i.e., illegal allterrain vehicle use, hunting, hiking), which can promote infestations of invasive plant species (USFS, 2015). Atlantic will continue to coordinate with the MNF regarding populations of invasive plant species and control options within the ACP Project area. George Washington National Forest This section will be updated in the final Resource Report 3 based on ongoing consultations with GWNF staff. Appalachian Trail This section will be updated in the final Resource Report 3 based on ongoing consultations with GWNF staff. Blue Ridge Parkway This section will be updated in the final Resource Report 3 based on ongoing consultations with BRP staff. Great Dismal Swamp National Wildlife Refuge This section will be updated in the final Resource Report 3 based on ongoing consultations with Great Dismal Swamp National Wildlife Refuge staff. 3-56 Resource Report 3 Fish, Wildlife, and Vegetation 3.2.3 Construction and Operation Impacts and Mitigation 3.2.3.1 Pipeline Facilities Construction of the Projects will cause direct and indirect temporary and permanent impacts on vegetation. Direct temporary impacts will result from tree removal, clearing, and grading in construction areas prior to installation of the pipelines. Direct permanent impacts will result from the conversion of forested to herbaceous cover types in the maintained easements for the pipeline facilities. Indirect impacts on vegetation could result from an increase in soil erosion (see Resource Report 7), the introduction and establishment of invasive or noxious species (see Section 3.2.2), and a local reduction in available wildlife habitat (see Section 3.3.2). To minimize impacts on vegetation, Atlantic and DTI will implement the construction and restoration measures identified in the Plan and Procedures. Atlantic and DTI additionally will prepare and implement an SPCC Plan, HDD Plan, and other construction, restoration, and mitigation plans as discussed in Section 1.5 of Resource Report 1. These plans will be provided in Appendix 1F of the final Resource Report 1. The types and amounts (in acres) of upland vegetation that will be affected by the Projects are summarized in Table 3.2.3-1. Table 2.3.4-1 in Resource Report 2 identifies impacts on wetlands. Table 8.3.1-1 in Resource Report 8 identifies impacts on agricultural lands (including planted pine plantations) as well as land cover classes that do not support significant vegetation (e.g., developed land and open water). Clearing of upland vegetation will be necessary along the proposed pipeline routes where coniferous, mixed, and deciduous forests, planted pine plantations, and shrub type lands are crossed. In upland areas outside of the permanent pipeline rights-of-way, vegetation communities will be restored to preconstruction conditions and cover types. Atlantic was approached by the NRCS in North Carolina regarding the potential to restore the right-of-way with plant species that attract pollinators such as bees and butterflies. Atlantic and DTI are currently investigating potential seed mixes and restoration and maintenance practices that could provide suitable habitat for pollinator species in the maintained permanent easements for the pipelines. Additional information on this issue will be provided in the final Resource Report 3. During operations, regular vegetation maintenance in the permanent rights-of-way will be necessary to provide access for pipeline inspections and regular and emergency repairs as well as visibility for aerial patrols. The permanent pipeline rights-of-way will be mowed periodically (no more frequently than once every three years) and maintained in herbaceous vegetation, resulting in the conversion of upland forest, planted pine, and shrub lands to herbaceous or shrub vegetation types. The NCDENR, VDGIF, and USFS have commented about forest fragmentation due to the conversion of forested landscapes to herbaceous cover types in the maintained easements, including fragmentation of the MNF and GWNF. 3-57 Resource Report 3 Fish, Wildlife, and Vegetation TABLE 3.2.3-1 Upland Habitats Crossed by the Atlantic Coast Pipeline (acres)a Coniferous Forests PROJECT/Facility Type/Facility Deciduous Forests State Cons. Oper. Cons. WV 2.9 1.6 71.4 VA 0.0 0.0 684.7 NC 276.4 126.0 260.6 VA 0.0 0.0 NC 0.0 0.0 AP-4 VA 0.0 AP-5 VA Oper. Mixed Forests Deciduous Savanna and Glade Floodplain and Riparian Total Upland Forests Cons. Oper. Cons. Oper. Cons. Oper. Cons. Oper. 42.9 816.4 488.1 3.3 1.8 30.6 18.4 924.6 552.7 411.0 1,013.7 605.5 0.0 0.0 30.8 19.3 1,729.3 1,035.8 117.1 13.3 6.2 35.7 16.3 51.5 24.2 637.5 289.7 21.8 14.1 50.1 32.3 0.0 0.0 47.0 30.7 118.9 77.2 4.6 2.9 9.5 6.1 0.0 0.0 4.0 2.7 18.1 11.7 0.0 0.2 0.2 7.5 4.9 0.0 0.0 <0.1 <0.1 7.8 5.1 0.0 0.0 0.5 0.3 1.5 1.0 0.0 0.0 0.1 <0.1 2.1 1.3 279.3 127.6 1,043.8 588.5 1,912.0 1,144.1 39.0 18.1 164.0 95.3 3,438.1 1,973.5 AP-1 TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD AP-2 TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD AP-3 TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD ATLANTIC COAST PIPELINE Mainline Pipelines AP-1 AP-2 Lateral Pipelines AP-3 Pipelines Facilities Total 3-58 Aboveground Facilities ACP FACILITIES TOTAL SUPPLY HEADER PROJECT Pipeline Facilities TL-636 PA 0.0 0.0 4.2 2.1 7.1 3.6 0.8 0.4 10.6 5.1 22.6 11.2 TL-635 WV 0.0 0.0 44.9 20.7 345.8 160.6 0.0 0.0 8.6.0 3.9 399.2 185.2 0.0 0.0 49.1 22.8 352.9 164.2 0.8 0.4 19.0 9.0 421.8 196.5 TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD Pipelines Facilities Total Aboveground Facilities Aboveground Facilities Total ____________________ a The numbers in this table have been rounded for presentation purposes. As a result, the totals may not reflect the exact sum of the addends in all cases. Source: USGS GAP, 2011 Resource Report 3 Fish, Wildlife, and Vegetation As discussed in detail in Resource Report 10, a number of route alternatives, route variations, and route adjustments have been identified and incorporated into the Projects to reduce impacts on sensitive habitats. Additionally, Atlantic and DTI are working with Federal and State/Commonwealth agencies to reduce impacts on sensitive habitats. Additional discussion related to forest fragmentation and potential impacts on wildlife can be found in Section 3.3.2. The width and configuration of the temporary and permanent rights-of-way for the ACP and SHP, as well as typicals for each configuration, are provided in Resource Report 1. In wetlands, clearing for construction along each of the proposed pipelines will be limited to a 75-foot-wide right-of-way, which will minimize impacts on wetland vegetation. Additionally, ATWS required for wetland crossings will be sited at least 50 feet from the wetland’s edge (with the exception of site-specific modifications as requested by Atlantic and DTI and approved by the FERC). This will minimize impacts on vegetation in buffer areas adjacent to wetlands. During operations, the Procedures allow for a 10-foot-wide corridor centered over the pipeline to be permanently maintained in an herbaceous state in wetlands. Additionally, the Procedures allow trees greater than 15 feet in height within 15 feet of the pipeline to be cut and removed from wetlands along the right-of-way. Clearing adjacent to waterbodies will involve the temporary removal of trees and brush from the construction right-of-way. As at wetlands crossings, ATWS will be located at least 50 feet away from the water’s edge at each waterbody (with the exception of site-specific modifications as requested by Atlantic and DTI and approved by the FERC). This will minimize impacts on riparian vegetation at waterbody crossings. Following installation of the pipeline, stream banks will be restored as near as practicable to pre-existing conditions and stabilized with appropriate erosion and sediment control measures. Atlantic and DTI will restore vegetation in riparian areas with native plant species. As required by the Procedures, Atlantic and DTI will reseed disturbed non-agricultural upland and riparian areas using seed mixes recommended by the NRCS, landowner, land managing agency, or other appropriate agencies (copies of agency correspondence for the ACP and SHP are provided in Appendices 1H and 1I of Resource Report 1, respectively). In areas where final grading and cleanup is completed during active construction, Atlantic and DTI will comply with the timelines for seeding identified in the Plan (weather and soil conditions permitting) or as recommended by the NRCS, landowner, land managing agency, or other appropriate agency. In areas where final grade and cleanup is delayed due to weather or frozen soil conditions, Atlantic and DTI will seed in the following Spring or Summer. Atlantic and DTI will use suitable seed mixes that will be sown to provide protection against soil erosion. Timely restoration of the construction rights-of-way, reseeding with the appropriate seed mixes, and the use of effective erosion control measures will minimize the duration of vegetation disturbance. In wetland areas, vegetation is expected to naturally regenerate following installation of the pipeline and final grade and cleanup. Other construction measures, such as segregating topsoil over the trenchline in unsaturated wetlands, will help facilitate revegetation in wetlands by preserving natural seed stock within disturbed soils. Where necessary, however, wetlands will be planted with native vegetation and/or seeded with predetermined seed mixes (approved by the appropriate agencies) to promote the reestablishment of wetland vegetation. 3-59 Resource Report 3 Fish, Wildlife, and Vegetation In agricultural areas, cropland will be restored to active agricultural production, and other areas, such as pastures, will be revegetated using seed mixes appropriate to existing land uses and cover types (such as grass or hay types). Best management practices during construction, such as topsoil segregation, will minimize impacts on soil fertility and facilitate restoration in these areas. 3.2.3.2 Aboveground Facilities As with the pipeline facilities, construction and operation of the proposed aboveground facilities will result in direct and indirect temporary and permanent impacts on vegetation. The proposed modifications at the Burch Ridge Compressor Station associated with the SHP are not expected to impact vegetation; the modifications at this site will occur within the existing facility. Temporary impacts, and mitigation for those impacts, will be similar to those described above for the pipeline facilities. These will include implementation of erosion and sediment controls and other measure as specified by the Plan and Procedures and the other construction, restoration, and mitigation plans developed for the Projects (to be provided in Appendix 1F of the final Resource Report 1). Permanent impacts will result from the conversion of forested land and other vegetation types to developed land or open land within the permanent maintained area at each site. Disturbed areas at each site that are not covered with foundations, paving, or gravel will be finish-graded and seeded. 3.2.3.3 Access Roads and Other Work Areas For both Projects, Atlantic and DTI are in the process of identifying roads that will be used to provide access to the proposed pipeline rights-of-way and other facilities during construction and operation of the Projects. In addition, Atlantic and DTI are in the process of identifying temporary pipe storage and contractor yards that will be needed to store equipment and stage construction activities. Additional information about the impacts on vegetation along the access roads and at the pipe storage and contractor yards will be provided in the final Resource Report 3. 3.2.3.4 Invasive Plant Species As noted above, Atlantic and DTI will prepare and implement an Invasive Plant Species Management Plan (to be provided in Appendix 1F of the final Resource Report 1). The plan will identify the locations of areas supporting invasive plant species populations and describe procedures to be implemented during construction and operation of the proposed facilities to minimize the spread of invasive plant species, including: methods to prevent the introduction and spread of invasive plant species from construction equipment moving along the right-of-way; methods to contain invasive plant seeds and propagules by preventing segregated topsoil from being spread to adjacent areas or along the construction rights-ofway; and 3-60 Resource Report 3 Fish, Wildlife, and Vegetation methods to address infestations of invasive plant species that develop during operation of the Projects. 3.2.4 Site-Specific Impacts and Mitigation Atlantic and DTI will continue to consult with the applicable State/Commonwealth and Federal agencies regarding impacts on unique, sensitive, or protected vegetation communities as described in Section 3.2.1.2 as well as any specific minimization or mitigation measures for these areas. 3.2.4.1 State/Commonwealth Natural Heritage Communities Table 3.2.4-1 identifies the area of temporary and operational impacts at sensitive vegetation sites along the proposed ACP and SHP. Consultations with State/Commonwealth resource agencies to assess impacts on these sites are ongoing. The ACP will temporarily impact 3.1 acres of the Shenandoah Mountain Trail Conservation Site associated with Shenandoah Mountain,7 see Table 3.2.4-1 below. The Signal Corps Knob Conservation Site is located just under one mile northeast of the crossing of the Shenandoah Mountain Trail; however, the ACP Project area does not cross Signal Corps Knob. Signal Corps Knob does not have a VDCR designated conservation site associated with it (VDCR, 2014b and 2014c). Field surveys for rare species will be conducted along the Shenandoah Mountain Trail Conservation Site or in nearby locations where rare species habitats could occur within the ACP survey corridor. Additional consultation with VDCR will continue to assess impacts on the Shenandoah Mountain Trail and other sensitive areas. The ACP does not cross the Laurel Fork Conservation Site designated by the VDCR (VDCR, 2014b and 2014c). 3.2.4.2 State/Commonwealth Land West Virginia This section will be updated in the final Resource Report 3 based on additional agency consultations and field surveys. Virginia This section will be updated in the final Resource Report 3 based on additional agency consultations and field surveys. 7 In a comment filed with the FERC, an individuals noted concerns regarding potential impacts on pristine and intact forest landscapes around the following locations in Virginia: Signal Corps Knob, Shenandoah Mountain, and Laurel Fork. 3-61 Resource Report 3 Fish, Wildlife, and Vegetation TABLE 3.2.4-1 Unique, Sensitive, and Protected Vegetation Communities Affected by the Atlantic Coast Pipeline and Supply Header Project (acres) Project/Facility Type/Facility Milepost In Milepost Out Construction Impacts Not applicable Not applicable Not applicable Not applicable Not applicable State Site Name WV Operation Impacts. ATLANTIC COAST PIPELINE Mainline Pipelines AP-1 VA AP-2 NC Back Creek Habitat Zone 83.7 84.1 6.0 3.7 Lantz Mountain Habitat Zone 85.2 85.4 2.1 1.3 Sounding Knob 91.1 92.0 14.6 8.7 Crab Run SCU 92.8 92.8 0.0 0.0 Shenandoah Mountain Trail 105.4 105.6 3.1 1.8 Cochrans 135.2 135.4 2.8 1.7 Lyndhurst 144.4 147.3 42.5 23.8 Miry Run 255.8 256.4 8.9 5.5 Emporia Power Line Bog 285.4 285.8 5.5 3.3 Upper Fontaine Creek Habitat Zone 290.3 292.6 27.9 20.7 Nottoway River - Fort Pickett SCU 255.0 255.7 0.1 0.1 Nottoway Basin 254.7 255.2 6.2 4.0 Cypress-Gum Swamp 392.8 393.0 1.6 1.0 Mesic Mixed Hardwood Forest 421.5 422.1 9.7 3.8 Brownwater Levee Forest 421.6 422.1 7.6 3.0 Mesic Pine Savannah 472.4 472.7 3.3 1.5 1.3 Lateral Pipelines AP-3 VA Lower Fontaine Creek 12.4 12.6 1.9 Handsom-Gum Powerline 28.2 29.0 7.0 4.7 Great Dismal Swamp: Northwest Section 63.9 66.9 26.6 17.7 Lummis Flatwoods 50.6 51.9 11.3 7.5 Great Dismal Swamp 59.4 72.5 71.9 47.0 AP-4 VA Not applicable Not applicable Not applicable Not applicable Not applicable AP-5 VA Not applicable Not applicable Not applicable Not applicable Not applicable 260.8 162.2 TBD TBD Not applicable Not applicable TBD TBD Pipeline Facilities Total SUPPLY HEADER PIPELINE TL-636 PA TL-635 WV Not applicable Pipeline Facilities Total ____________________ Source: NCNHP, 2014; VDCR, 2014b and 2014c 3-62 Not applicable Not applicable Resource Report 3 Fish, Wildlife, and Vegetation North Carolina This section will be updated in the final Resource Report 3 based on additional agency consultations and field surveys. Pennsylvania No Commonwealth owned lands are crossed by the SHP in Pennsylvania. 3.2.4.3 Federal Land Table 3.2.4-2 identifies impacts on upland vegetation types in the MNF, GWNF, Appalachian Trail, Blue Ridge Parkway, and the Great Dismal Swamp National Wildlife Refuge. Consultations with USFS, NPS, and FWS staff to assess impacts on these sites are ongoing. TABLE 3.2.4-2 Upland Habitats Crossed in the National Forests by the Atlantic Coast Pipeline (in acres) Coniferous Forests Deciduous Forests Mixed Forests Deciduous Savanna and Glade Floodplain and Riparian Total Upland Forests National Forest Const. Oper. Cons. Oper. Const. Oper. Const. Oper. Const. Oper. Const. Oper. Monongahela National Forest 2.6 1.4 51.8 31.2 186.8 112.0 0.4 0.3 0.0 0.0 241.7 144.9 George Washington National Forest/ Appalachian Trail 0.0 0.0 146.4 87.9 23.3 14.1 0.0 0.0 0.0 0.0 169.7 101.9 Blue Ridge Parkway 0.0 0.0 0.3 0.2 0.0 0.0 0.0 0.0 0.0 0.0 0.3 0.2 Great Dismal Swamp National Wildlife Refuge 0.0 0.0 2.9 1.9 0.0 0.0 0.0 0.0 0.0 0.0 2.9 1.9 2.6 1.4 201.4 121.2 210.1 126.1 0.4 0.3 0.0 0.0 414.6 248.9 Total _____________________ Source: USGS GAP, 2011 Note: This data only represents upland habitats crossed on federally owned land but does not include tree plantations or harvested forests. Monongahela National Forest This section will be updated in the final Resource Report 3 based on additional agency consultations and field surveys. George Washington National Forest This section will be updated in the final Resource Report 3 based on additional agency consultations and field surveys. Appalachian Trail As noted above, Atlantic is evaluating use of the HDD construction method to install the proposed AP-1 mainline under and across the Appalachian Trail. The HDD method would avoid direct impacts on the trail including impacts on vegetation immediately adjacent to the trail. 3-63 Resource Report 3 Fish, Wildlife, and Vegetation Blue Ridge Parkway As noted above, Atlantic is evaluating use of the HDD construction method to install the proposed AP-1 mainline under and across the Blue Ridge Parkway. The HDD method would avoid direct impacts on the parkway, including impacts on vegetation immediately adjacent to the parkway. Great Dismal Swamp National Wildlife Refuge This section will be updated in the final Resource Report 3 based on additional agency consultations and field surveys. 3.3 WILDLIFE Existing wildlife resources in the ACP Project area and SHP Project area include those potentially occurring along the proposed pipeline corridors, access roads, ATWS, and aboveground facility sites. Habitats within the ACP Project area and SHP Project area include forested land, agricultural land, developed land, open land, wetlands, and open water. The varied nature of the terrain and associated habitats allows for diverse varieties of terrestrial wildlife species. General descriptions of each wildlife guild are discussed below. Descriptions of protected wildlife species are discussed in Sections 3.4 through 3.7 below. 3.3.1 Description of Wildlife The Projects cross a variety of habitats in West Virginia, Virginia, North Carolina, and Pennsylvania, including mountains, piedmont, and coastal plain. Section 3.2 above describes the vegetation types that typify the major natural habitats in these areas. As discussed in Section 3.2.1, the proposed facilities cross portions of the WAP, CA, RV, NP, Piedmont, BP, SP, and MACP ecoregions. Typical wildlife species associated with these ecoregions are listed in Table 3.3.1-1. Birds Count data from the USGS North American Breeding Bird Survey (BBS) was used to determine the number of species with the potential to nest in the ACP Project area and SHP Project area. The BBS is a large-scale, long-term monitoring program designed to track the status and trends of North American bird populations. BBS data show that 175 and 166 species, respectively, have the potential to breed in the ACP Project area and SHP Project area (Sauer et al., 2012). Among these species, mourning dove, ruffed grouse, wild turkey, Canada goose, woodcock, quail, pheasant, and a variety of waterfowl are valued for recreational hunting. In addition to nesting and game bird species, other migratory birds could occur in the ACP Project area and SHP Project area during the Spring and Fall. Section 3.4 below provides further information on migratory birds and Important Bird Areas crossed by the Projects. 3-64 Resource Report 3 Fish, Wildlife, and Vegetation TABLE 3.3.1-1 Typical Wildlife Species by Ecoregion for the Atlantic Coast Pipeline and Supply Header Project Ecoregion Potentially Occurring Species Western Allegheny Plateau Birds: red-tailed hawk, great-horned owl, belted kingfisher, northern flicker, great crested flycatcher, whitebreasted nuthatch, eastern bluebird, gray catbird, American redstart, scarlet tanager, chipping sparrow, rubythroated hummingbird, wood duck, blue-winged warbler, willow flycatcher, whip-poor-will, Canada goose, mallard Mammals: white-tailed deer, red fox, woodchuck, raccoon, opossum, striped skunk, cottontail rabbit, fox squirrel, long-tailed weasel, eastern chipmunk, short-tailed shrew, meadow jumping mouse, black bear, bobcat, beaver, various bats Reptiles/Amphibians: dusky salamander, American toad, spring peeper, snapping turtle, painted turtle, northern water snake, garter snake, smooth green snake, milk snake, mudpuppy Terrestrial Insects: tiger beetle, monarch butterfly Central Appalachians Birds: ruffed grouse, turkey, bobwhite, golden-winged warbler, Henslow’s sparrow, American black duck, wood duck, American woodcock, Canada warbler, alder flycatcher, willow flycatcher, Swainson’s thrush Mammals: black bear, white-tailed deer, red squirrel, gray squirrel, fox squirrel, deer mouse, meadow jumping mouse, various weasels, various bats Reptiles/Amphibians: spotted salamander, red-spotted newt, eastern garter snake, eastern milk snake, snapping turtle, common five-lined skink, American toad, spring peeper, mountain chorus frog Terrestrial Insects: gypsy moth a, tiger beetle, bumble bee, carpenter bee, gossamer-winged butterfly, milkweed butterfly Ridge and Valley Birds: turkey, ruffed grouse, bobwhite, mourning dove, red-eyed vireo, cardinal, tufted titmouse, wood thrush, summer tanager, blue-gray gnatcatcher, hooded warbler, Carolina wren, bald eagle, peregrine falcon Mammals: white-tailed deer, black bear, bobcat, gray fox, raccoon, gray squirrel, fox squirrel, eastern chipmunk, white-footed mouse, pine vole, short-tailed shrew, cotton mouse, deer mouse, weasels, various bats Reptiles/Amphibians: box turtle, common garter snake, timber rattlesnake Terrestrial Insects: gypsy moth a, tiger beetle, monarch butterfly Northern Piedmont Birds: meadowlark, field sparrow, mourning dove, ruffed grouse, woodcock, scarlet tanager, various shorebirds, herons, various ducks, Canada goose Mammals: cottontail rabbit, red fox, woodchuck, gray squirrel, red squirrel, gray fox, white-tailed deer, raccoon, mink, muskrats, various bats Reptiles/Amphibians: spotted salamander, marbled salamander, northern scarlet snake, snapping turtle, painted turtle, eastern musk turtle, eastern box turtle, common five-lined skink, fence lizard, eastern cricket frog, American bullfrog, spring peeper Terrestrial Insects: bumble bee, carpenter bee, viceroy butterfly, spicebush swallowtail, Carolina satyr butterfly, monarch butterfly Piedmont Birds: turkey, bobwhite, mourning dove, red-eyed vireo, cardinal, tufted titmouse, wood thrush, summer tanager, blue-gray gnatcatcher, hooded warbler, Carolina wren, red-tailed hawk, American kestrel, northern harrier, barn owl, great-horned owl, bobolink, eastern meadowlark, American woodcock, whip-poor-will, wood duck, Cooper’s hawk, red-headed woodpecker, green heron, least bittern Mammals: white-tailed deer, black bear, bobcat, gray fox, raccoon, cottontail rabbit, gray squirrel, fox squirrel, eastern chipmunk, white-footed mouse, pine vole, short-tailed shrew, cotton mouse, various bats Reptiles/Amphibians: spotted salamander, marbled salamander, common garter snake, timber rattlesnake, snapping turtle, painted turtle, eastern musk turtle, eastern box turtle, common five-lined skink, fence lizard, eastern cricket frog, American bullfrog, spring peeper Terrestrial Insects: bumble bee, carpenter bee, viceroy butterfly, spicebush swallowtail, Carolina satyr butterfly, monarch butterfly Blue Ridge Birds: Blackburnian warbler, saw-whet owl, American robin, American crow, blue jay, various woodpeckers, great crested flycatcher, Carolina chickadee, cedar waxwing, northern cardinal, blue-headed vireo, blackthroated blue warbler, scarlet tanager, dark-eyed junco, Carolina wren, eastern bluebird, white-eyed vireo, eastern towhee, great blue heron, hooded merganser, Canada goose, belted kingfisher, wood duck, Louisiana water thrush Mammals: cottontail rabbit, northern water shrew, rock vole, northern flying squirrel, various bats Reptiles/Amphibians: spotted salamander, marbled salamander, seal salamander, northern red salamander, bog turtle, snapping turtle, painted turtle, eastern musk turtle, eastern box turtle, common five-lined skink, fence lizard, spring peeper Terrestrial Insects: bumble bee, carpenter bee, viceroy butterfly, spicebush swallowtail, Carolina satyr butterfly 3-65 Resource Report 3 Fish, Wildlife, and Vegetation TABLE 3.3.1-1 (cont’d) Typical Wildlife Species by Ecoregion for the Atlantic Coast Pipeline and Supply Header Project Ecoregion Potentially Occurring Species Southeastern Plains Birds: Canada goose, canvasback, chuck-will’s-widow, whip-poor-will, northern flicker, bobwhite, eastern wood-pewee, American kestrel, red-headed woodpecker, short-eared owl, common nighthawk, sedge wren, orchard oriole, American woodcock, barn owl, Eastern kingbird, bald eagle, wood thrush, hairy woodpecker, hooded warbler Mammals: Seminole bat, fox squirrel, least shrew, meadow vole, long-tailed weasel, eastern mole, southern bog lemming, cotton mouse, marsh rabbit Reptiles/Amphibians: pine barrens treefrog, barking treefrog, northern slimy salamander, eastern spadefoot, northern scarlet snake, corn snake, eastern hog-nosed snake, scarlet king snake, box turtle, spotted salamander, southern dusky salamander, spotted turtle Terrestrial Insects: cabbage white, black swallowtail, eastern tiger swallowtail, palamedes swallowtail, orange sulphur, sleepy orange, pearl crescent, common buckeye, silver spotted skipper, bumble bee, carpenter bee, viceroy butterfly, spicebush swallowtail, Carolina satyr butterfly, monarch butterfly Mid-Atlantic Coastal Plain Birds: turkey, ruffed grouse, bobwhite, mourning dove, red-eyed vireo, cardinal, tufted titmouse, wood thrush, summer tanager, blue-gray gnatcatcher, hooded warbler, Carolina wren, quail, meadowlark, field sparrow, various shorebirds, herons, ibises, cormorants, pine warbler, brown pelican, Wilson’s plover, short-eared owl, northern oriole, Henslow’s sparrow, clapper rail, American black duck, red-headed woodpecker, gray catbird, brown thrasher, barn owl, American kestrel, American bittern, pied-billed grebe, common moorhen Mammals: white-tailed deer, black bear, bobcat, gray fox, raccoon, gray squirrel, fox squirrel, eastern chipmunk, white-footed mouse, pine vole, short-tailed shrew, cotton mouse, woodchuck, beavers, mink, muskrats, cottontail rabbit, striped skunk, swamp rabbit, various bats Reptiles/Amphibians: box turtle, common garter snake, timber rattlesnake, eastern indigo snake Terrestrial Insects: cabbage white, black swallowtail, eastern tiger swallowtail, spicebush swallowtail, palamedes swallowtail, orange sulphur, sleepy orange, pearl crescent, common buckeye, silver spotted skipper, monarch butterfly ____________________ a Non-native species. Sources: American Bird Conservancy, 1999a, b; American Bird Conservancy, 2003; Appalachian Mountains Bird Conservation Region Partnership, 2005; Ducks Unlimited, 2014; NCWRC, 2014f; VDGIF, 2014d; Virginia Herpetological Society, 2014; WVDNR, 2014d; Wolter et al, 2008. Bat species found in the ACP Project area and SHP Project area are generally designated as cave bats or tree bats. Cave bats hibernate in caves while tree bats hibernate in trees or manmade structures such as old buildings (NCWRC, 2014f; USFS, 2014c; VDGIF, 2014d; WVDNR 2014d). The Pennsylvania Biological Survey, Mammal Technical Committee works with several biological, conservation, and sportsmen organizations to identify important mammal habitats throughout the Commonwealth as part of the Important Mammal Areas Project (IMAP). The primary objective of IMAP is conservation of Pennsylvania’s wild mammals, both game and non-game species. Priority sites are those that contain Federal and Commonwealth species of special concern; however, IMAP is also interested in the identification of habitats that have high mammalian diversity and those that offer exceptional educational value. The proposed SHP facilities in Pennsylvania do not cross any conservation areas identified in the IMAP (PGC, 2013). Amphibians and Reptiles Wetlands, riparian areas, and high elevation forestlands provide the most suitable habitat for amphibians in the ACP Project area and SHP Project area. Habitat types that support the largest abundance of amphibians in the ACP Project area include wetlands in the WAP, RV, and Allegheny Mountains (USDA, 2014d). Common amphibians in the ACP Project area include 3-66 Resource Report 3 Fish, Wildlife, and Vegetation southern leopard frog, eastern hellbender, bullfrog, and spring peeper. The BR ecoregion in the ACP Project area in particular hosts a diverse number of salamander species in the Plethodon and Desmognathus genera. Habitat types expected to support the largest abundance of amphibians in the SHP Project area include wetlands in the WAP (USDA, 2014). Common amphibians with the potential to occur in the SHP Project area are red spotted newt, bullfrog, and spring peeper (USDA 2014d). Turtles and snakes are the most common type of reptiles found in the ACP Project area and SHP Project area. Common representative reptiles come from two distinct groups: those associated with wetlands or streams and those associated with semi-arid regions. Typical reptiles associated with wetlands or streams include the spotted turtle, eastern milk snake, snapping turtle, and eastern musk turtle. Typical reptiles associated with forests or forest edge areas include the box turtle, common garter snake, timber rattlesnake, eastern fence lizard, and common five-lined skink (NatureServe, 2014). Terrestrial Insects A variety of butterflies, moths, bees, spiders, beetles, and other insects are common in the ACP Project area and SHP Project area. Insects are important sources of food for many species, and some act as pollinators and nutrient recyclers (Hopkin, 2006). Pollinators are important species in ecosystems, pollinating flowers, fruit, and vegetable crops. Common pollinators include various species of bees, moths, and butterflies, such as the American bumblebee, honeybee, Monarch butterfly, and sphinx moth. Invasive Animals and Insects Invasive and nuisance animal species can quickly move into an area of disturbance and exclude or out-compete native species. Common invasive species in the ACP Project area include wild boar, nutria, gypsy moth, and European starling. Common invasive species in the SHP Project area include the emerald ash borer, gypsy moth, and European starling. Wild boars were first brought to the East Coast of the United States as game animals. Since becoming established, the species has damaged native vegetation and agricultural crops, and additionally poses an ongoing threat of spreading diseases to domestic swine and wildlife (NCWRC 2014f). Nutrias, which are native to South America, were initially brought to the United States to breed for their fur, but they subsequently were released or escaped to the wild. Typically found near aquatic areas, nutria disrupt riparian and wetland vegetation as these mammals directly consume or construct long burrows that alter drainage and root structures (USDA, 2014e). The gypsy moth was introduced to the United States from Europe for silk production, but subsequently escaped to the wild. Gypsy moths defoliate deciduous vegetation, harming or killing trees. European starlings were introduced to North America in 1890 and have become established throughout the continent. The starlings directly compete for nesting areas with native birds, often displacing native birds, or destroying their eggs. The emerald ash borer is native to Asia, arriving in North America in the early 2000s. It feeds only on ash trees killing them in the process, usually within three to four years (Cornell Lab of Ornithology, 2011). 3-67 Resource Report 3 Fish, Wildlife, and Vegetation 3.3.2 Construction and Operations Impacts and Mitigation Construction and operation of the Projects could result in short- and long-term impacts on wildlife species and their existing habitats along the proposed pipeline routes and at aboveground facility sites. The extent and duration of impacts will vary depending on the species present in each affected habitat type and their individual life histories. Construction activities will likely displace species from within and areas adjacent to the rights-of-way, but the impact is expected to be short-term and limited to the period of construction. As discussed in more detail in Sections 3.4.3 and 3.7, timing restrictions for vegetation clearing will minimize impacts on species such as nesting migratory birds and roosting bats. After construction is complete, Atlantic and DTI will restore the rights-of-way as near as practicable to preconstruction conditions in accordance with the Plan and Procedures and the other construction, restoration, and mitigation plans developed for the Projects (to be provided in Appendix 1F of the final Resource Report 1). Cropland will be restored to active agricultural production, and other areas will be revegetated using methods and seed mixes appropriate to existing land uses and cover types. With the exception of forested lands, as discussed below, the Projects will not permanently alter the characteristics of the majority of the available wildlife habitats. Consequently, most impacts on wildlife are expected to be temporary. 3.3.2.1 Pipeline Facilities Until vegetation is re-established, construction activities in the pipeline rights-of-way will reduce feeding, nesting, roosting, and cover habitat components. Mobile species could be temporarily disturbed or displaced from portions of their habitats, and mortality of individuals of less mobile species, such as some small mammals, reptiles, or amphibians, could occur. Indirect wildlife impacts associated with construction noise, blasting, and increased human activity could include abandoned reproductive efforts, displacement, and avoidance of work areas, though these impacts will be temporary. Both direct and indirect impacts on wildlife along the proposed pipeline routes and in other work areas will generally be of short duration and limited to the period of construction. Following construction, temporary workspace, including ATWS, as well as non-forested areas within the permanent pipeline easement, will be allowed to revert to preconstruction conditions and cover types. In order to maintain accessibility of the right-of-way and to accommodate pipeline integrity surveys, vegetation along the right-of-way may be cleared periodically in accordance with the Plan and Procedures (except in areas crossed by HDD, where vegetation maintenance will not be conducted). Active cropland will be allowed to revert to preconstruction use for the full width of the right-of-way. In non-cultivated uplands, the full permanent easement will be maintained in an herbaceous state. In wetlands, the Procedures allow for a 10-foot-wide corridor centered over the pipeline to be permanently maintained in an herbaceous state, and trees greater than 15 feet in height within 15 feet of the pipeline may be cut and removed from the right-of-way. Effects on most non-forested upland and wetland habitats disturbed by construction will be temporary, and these areas are expected to recover quickly once construction and restoration is completed. Similarly, impacts on scrub/shrub and emergent wetland habitats will be relatively 3-68 Resource Report 3 Fish, Wildlife, and Vegetation short term. Because of the linear nature of the Projects, temporary impacts in these habitats will be minimized by the presence of similar habitat communities adjacent to the right-of-way. Additionally, non-forested plant communities can be replanted with similar species which reach maturity relatively quickly compared to forested areas. Neighboring areas will allow wildlife to disperse sufficiently to continue to utilize similar habitats. The temporary effects on these habitats should have little or no significant impact on their importance to wildlife, and no changes to wildlife populations are anticipated. Upland and wetland forested areas will be impacted to a greater extent than non-forested vegetation types due to the longer time requirement for the conversion of earlier successional stages to mature wooded habitats in the temporary right-of-way. In the permanent, maintained easement, there will be a permanent conversion of forested land to scrub/shrub and/or nonwoody herbaceous species. Impacts on forest dwelling species include temporary and permanent habitat loss, fragmentation of habitat, and the addition of edge-type habitat. Locally, species composition could change as habitats are converted post-construction from forested to scrub/shrub or herbaceous, and edges are created along the new pipeline corridors. Atlantic was approached by the NRCS in North Carolina regarding the potential to restore the right-of-way with plant species that attract pollinators such as bees and butterflies. Atlantic and DTI are currently investigating potential seed mixes and restoration and maintenance practices which could provide suitable habitat for pollinator species in the maintained permanent easements for the pipelines. Additional information on this issue will be provided in the final Resource Report 3. Fragmentation refers to the breaking up of contiguous areas of vegetation communities into smaller patches. Fragment size plays a crucial role in landscape function and many ecosystem interactions, including the distribution of plants and animals, fire regime, vegetation structure, and wildlife habitat. Reducing the size of contiguous patches of suitable habitat can indirectly reduce the effectiveness of that habitat for individual species beyond the removal of habitat. Some species require large, un-fragmented blocks of habitat, and fragmentation can lead to reduced habitat quality. An important impact of fragmentation, aside from breaking up blocks of vegetation, is an increase in edge effects. Edge effects result when two different vegetation types are adjacent to each other. Edge effects can encompass a multitude of impacts including: an alteration in nutrient flows/cycling; an increase in the rate of invasion by invasive species and pathogens; a lowering of the carrying capacity of a habitat patch; and disruptions in meta-population dynamics (Saunders et al., 1991). Edge effects tend to be more pronounced with increasing differences in the two adjacent habitat types (e.g., mature forest adjacent to grassland). The creation of edges in forests influences microclimatic factors such as temperature, wind, humidity, and light, and could lead to a change in plant species composition within the adjacent uncut or un-manipulated habitat, or increase the rate of invasion by invasive species and forest pathogens (Murcia, 1995). Compared to the interior of a forest, areas near edges receive more direct solar radiation during the day, lose more long-wave radiation at night, have lower humidity, and have less protection from wind. Increased sunlight and wind can desiccate vegetation by increasing evapotranspiration, 3-69 Resource Report 3 Fish, Wildlife, and Vegetation affect which plant species survive (typically favoring shade-intolerant species), and dry out soil. Edge effects are typically more pronounced in forest and woodland vegetation communities than shrub-steppe or grassland communities due to the greater typical vegetation height and structural complexity in forested ecosystems. The Projects will cause permanent fragmentation and edge effects only in forested areas, since the vegetation in non-forested areas will not be modified permanently. The edge effect on forested habitat in temporary workspace and ATWS could last several decades; in the maintained pipeline easement, the impact on forested habitat will be permanent. In areas where the proposed pipeline corridors are adjacent to existing rights-of-way, clearing will result in moving an existing edge outward, rather than creating newly fragmented forested habitat. The NCDENR, the VDGIF, and USFS have commented about habitat fragmentation because the majority of the proposed ACP pipeline routes are greenfield. As discussed in detail in Resource Report 10, a number of route alternatives, route variations, and route adjustments have been identified and incorporated into the Projects to reduce impacts on sensitive habitats (see Resource Report 10). Moreover, due to potential impacts on forested habitats, particularly as they relate to impacts on migratory birds, Atlantic and DTI are developing a Migratory Bird Plan that will include measures to mitigate for impacts in forested areas (see Section 3.4). Atlantic and DTI will implement specialized construction techniques to minimize impacts on wetlands as described in Resource Report 2. Additionally, Atlantic and DTI will develop a Compensatory Wetland Mitigation Plan to mitigate for the permanent conversion of wetland types, which will compensate for impacts on wetland habitat and species, including forested wetlands. The proposed ACP pipeline routes cross the MNF, GWNF, and Great Dismal Swamp National Wildlife Refuge. Atlantic and DTI have conducted multiple meetings with these agencies to discuss avoidance and minimization measures for sensitive wildlife habitats. Routing through the MNF is ongoing. For the GWNF, Atlantic and DTI are working with the USFS staff to develop a route that minimizes the crossing length and avoids sensitive areas within the GWNF. Atlantic and DTI conducted several site visits in the vicinity of the Great Dismal Swamp National Wildlife Refuge to review the initial baseline route, and several alternatives designed to avoid or minimize crossings of the refuge have been identified. Review of these alternative routes is ongoing. 3.3.2.2 Aboveground Facilities Construction of the compressor and M&R stations for the ACP will result in minimal additional impacts on wildlife because the facilities will be adjacent to the pipeline construction rights-of-way. Measures used to minimize impacts during construction of aboveground facilities will be similar to those for pipeline construction. These will include implementation of erosion and sedimentation controls and other measures as specified by the Plan and Procedures and the other construction, restoration, and mitigation plans developed for the Projects (to be provided in Appendix 1F of the final Resource Report 1. 3-70 Resource Report 3 Fish, Wildlife, and Vegetation The proposed modifications at the existing JB Tonkin, Crayne, and Mockingbird Hill Compressor Stations for the SHP will result in minimal additional impacts on wildlife. The modifications at these sites will occur within and in areas immediately adjacent to the existing facilities. As with the ACP, construction and restoration activities will comply with the Plan and Procedures and the other construction, restoration, and mitigation plans developed for the Projects (to be provided in Appendix 1F of the final Resource Report 1). The proposed modifications at the Burch Ridge Compressor Station are not expected to affect wildlife; the modifications at this site will occur within the existing facility. Minimal impacts on wildlife species and their habitats will result from construction and operation of the mainline valves and pig launchers/receivers. Additional habitat will not be impacted, as these facilities are located within or adjacent the proposed pipeline rights-of-way or within compressor station yards. Construction of these facilities will not result in additional impacts on wildlife or habitat. 3.3.2.3 Access Roads and Other Work Areas For both Projects, Atlantic and DTI are in the process of identifying roads that will be used to provide access to the proposed pipeline rights-of-way and other facilities during construction and operation of the Projects. In addition, Atlantic and DTI are in the process of identifying temporary pipe storage and contractor yards that will be needed to store equipment and stage construction activities. Additional information about the impacts on wildlife along the access roads and at the pipe storage and contractor yards will be provided in the final Resource Report 3. 3.3.2.4 Operations Operation of the proposed pipelines will cause minimal impacts on wildlife species. Vegetation maintenance activities will be consistent with the Plan. Routine vegetation mowing or clearing within the permanent rights-of-way will be completed no more than once every three years (manual clearing only). Vegetation clearing activities additionally will occur outside of the nesting season for migratory birds (generally April 15 to August 1, but March 15 through August 15 in Virginia), which will minimize impacts on nesting birds. Tree clearing on the rights-of-way will occur during Winter months to avoid potential impacts on roosting bats. In forested areas, there will be permanent conversion of forested habitat to shrub-scrub or grassland vegetation for operational safety of the pipeline creating an edge effect as discussed above. Most potential impacts on wildlife species and their habitats will result from direct habitat modification and disturbance during construction rather than operation of the Projects. However, right-of-way maintenance activities could produce noise above ambient levels due to the operation of machinery required for pipeline maintenance. Any effects on wildlife from noise due to maintenance will be temporary and short-term. Therefore, noise-related impacts on wildlife due to maintenance activities will be limited in duration and extent. Operation of the aboveground facilities will include minimal permanent conversion of habitat for compressor and M&R stations. Noise from operation of these facilities can decrease use of a site by more noise sensitive species (such as bats and birds) or during sensitive times of 3-71 Resource Report 3 Fish, Wildlife, and Vegetation the year (such as breeding). Noise could mask communications by wildlife species, or displace them entirely. If there are already high levels of ambient noise in the area (e.g., from existing compressor stations, highway noise, and other human activities in the area), the additional noise from facilities may be negligible and species could acclimate. Otherwise, some species may be displaced due to noise, but there is ample suitable habitat available in the vicinity of the aboveground facility sites to accommodate these species. 3.4 MIGRATORY BIRDS The Migratory Bird Treaty Act (MBTA) protects migratory birds and most resident bird species within the United States. Migratory birds include species that nest in the United States and Canada during the Summer and migrate south to warmer regions of the United States, Mexico, Central and South America, and the Caribbean for the Winter. With a few exceptions, all bird species that are native to the United States are protected by the MBTA. Under the MBTA, it is illegal to pursue; hunt; take; capture; kill; attempt to take, capture, or kill; possess; offer for sale; and export, import, or transport birds, their parts (e.g., feathers), and active nests (and the eggs or young within). Unlike the ESA, the MBTA does not include harassment or destruction of habitat in its list of prohibitions or within its definition of take. Executive Order 13186 (January 2001) was established to assure that the environmental impacts of Federal agency actions are properly evaluated for impacts on migratory birds, with emphasis on species of concern, priority habitats, and key risk factors. 3.4.1 Important Bird Areas Important Bird Areas are sites identified by the National Audubon Society that provide essential habitat for one or more species of birds. These areas can support breeding, wintering, or migrating birds; can be publicly or privately owned; and may or may not be protected (National Audubon Society, 2014a). As shown in Table 3.4.1-1, the proposed ACP facilities cross six Important Bird Areas in Virginia and North Carolina and the proposed SHP facilities cross one Important Bird Area in West Virginia. 3.4.2 Migratory Birds in the Project Area A variety of migratory bird species could occur seasonally along the proposed pipeline routes. The Projects will be located in the Atlantic Flyway, which is a major migratory route for birds during both Spring and Fall. A variety of migratory bird species, including both songbirds and raptors, use the vegetation communities identified along the proposed pipelines as part of their migratory route. Productive riparian, wetland, and coastal habitats are typically important for migratory birds in the Atlantic Flyway. Bird species that are predominantly associated with migratory patterns in the ACP Project area and SHP Project area include wood thrush, canvasback, American black duck, mallard, ruby-throated hummingbird, white-eyed vireo, summer tanager, hooded warbler, broad-winged hawk, common tern, black-throated blue warbler, and cerulean warbler (National Audubon Society, 2014b, Ducks Unlimited, 2014). 3-72 Resource Report 3 Fish, Wildlife, and Vegetation TABLE 3.4.1-1 Important Bird Areas Occurring in the Vicinity of the Atlantic Coast Pipeline and Supply Header Project Important Bird Area Project Component Milepost Description SHP TL-635 MP 23.0 to 28.5 Important habitats include dry deciduous and moist deciduous forest. These “cove forests” tend to have high species richness. ACP AP-1 MP 80.1 to 103.5 Important habitats include successional habitat, pasturelands, grassy fields, shrubby edges, mixed hardwood forests. The area is an important migratory pathway for Neotropical migrants. Upper Blue Ridge Mountains ACP AP-1 MP 147.8 to 157.2 Important habitats include rocky outcrops, dry ridges, cove forests, diverse forest communities, and mature deciduous forests. The area is a significant Fall raptor flyway and stopover habitat for migrating passerines. Central Piedmont ACP AP-1 MP 159.3 to 163.5 and MP 163.6 to 163.7 and 164.0 to 203.8 Important habitats include early to mid-successional grasslands and scrub/shrub habitats, hardwood, mixed, and pine forests, and fallow fields. Great Dismal Swamp ACP AP-3 MP 60.0 to 61.3 and 62.3 to 71.5 Important habitats include forested wetlands, cypresstupelo habitat, and Atlantic white-cedar forest. The area is a significant stopover habitat for migrating passerines in the Spring and Fall. Roanoke River Bottomlands ACP AP-2 MP 301.3 to 302.3 and MP 303.3 to 304.0 Important habitats include bottomland hardwood forest, and bald cypress and water tupelo habitats. The area supports several colonies of wading birds and breeding ducks. Neotropical migrants are known to breed in the Important Bird Area. Upper Neuse River Bottomlands ACP AP-2 MP 388.8 to 393.2 Important habitats include bottomland hardwood forest, cypress-tupelo-gum swamp forest, pine forest, mixed hardwood forest, and grassland. WEST VIRGINIA Lewis Wetzel Wildlife Management Area VIRGINIA Allegheny Highlands NORTH CAROLINA ____________________ Source: National Audubon Society 2014a. Although the MBTA provides protection for all migratory birds and their nests, it is standard practice as noted in EO 13186 and a Memorandum of Understanding between the FERC and FWS (unless notified otherwise by the FWS) to use the Birds of Conservation Concern (BCC) list when evaluating the potential impact of a project on migratory birds. This list identifies “species, subspecies, and populations of all migratory nongame birds that, without additional conservation actions, are likely to become candidates for listing” under the ESA. Atlantic and DTI compiled a list of important or sensitive migratory birds that could potentially occur along the proposed pipeline corridors for the Projects (FWS, 2008). The proposed AP-1 mainline route crosses Bird Conservation Region (BCR) 28 - Appalachian Mountains, BCR 29 - Piedmont, and BCR 27 - Southern Coastal Plain; the AP-2 mainline and AP-3 lateral routes cross BCR 27 - Southeastern Coastal Plain; and the AP-4 and AP-5 lateral routes cross BCR 29 - Piedmont. The SHP crosses BCR 28, Appalachian Mountains. The BCC birds potentially found in the ACP Project area and SHP Project area based on these BCRs (identified through a FWS Information Planning and Conservation System (IPaC System) review) are listed in Appendix 3C. During breeding/nesting season, birds select specific habitat types that provide protection from predators and sufficient food sources. The vegetation types crossed by the Projects are 3-73 Resource Report 3 Fish, Wildlife, and Vegetation identified in Section 3.3 above. The predominant vegetation community crossed by the proposed ACP (54.7 percent) and SHP (84.0 percent) facilities is mixed forest. These communities are used by migratory birds for nesting and during other life stages. Based on the IPaC BCC bird list, a combined total of 51 bird species are expected to breed in the ACP Project area and SHP Project area. Additionally, a review of NCWRC Natural Heritage Inventory (NHI) data identified a colonial wading bird rookery along the proposed AP2 mainline, approximately 130 feet to the west of the proposed workspace near MP 323.9 in Halifax County, North Carolina (NCDENR, 2014b). Aerial surveys identified nine additional rookeries within 0.5 mile of the workspace for the AP-2 mainline. 3.4.3 Impacts on Migratory Birds While the MBTA has no provision for allowing unauthorized take, the FWS has recognized that some birds may be taken even if all reasonable measures to avoid take are implemented. The FWS carries out its mission to protect migratory birds through investigations and enforcement; by fostering relationships with individuals, companies, other agencies, and industries that have taken effective steps to minimize their impacts on migratory birds; and by encouraging others to enact such programs. It is not possible to absolve individuals, companies, or agencies from liability even if they implement avian mortality avoidance or similar conservation measures. However, the FWS focuses its resources on investigating and prosecuting individuals and companies that take migratory birds without identifying and implementing reasonable, prudent, and effective measures to avoid take (e.g., time of year restrictions). Atlantic and DTI are developing conservation measures that would minimize impacts on migratory birds. These measures will be outlined in the Migratory Bird Plan for the Projects, which will be provided in Appendix 1F of the final Resource Report 1. The MBTA prohibition most germane to pipeline construction, operation, and maintenance is the killing of an individual or egg (through destruction of an active nest). While the FWS can issue permits for the take of migratory birds, the FWS to date has not authorized such permits or produced guidance documents or a rule making for dealing with this issue. Further, while the MBTA has no provision for allowing unauthorized take, the FWS has recognized that some birds may be taken even if all reasonable measures to avoid take are implemented. The FWS is considering development of a permitting program to allow incidental take for migratory birds; however, at this time there has been no official action towards this permit program by the FWS. The FWS has memorandums of understanding with the FERC, NPS, and USFS which include commitments to avoid or minimize impacts on migratory birds and promote conservation. To address potential impacts on migratory birds, Atlantic and DTI have taken appropriate steps to avoid and minimize the potential for the unintentional take of migratory birds during construction and operation of the proposed facilities. Further, implementation of the required construction and operational practices for FERC-regulated projects, as described in the Plan and Procedures, will reduce the potential for impacts on migratory birds. Mitigation required for wetland impacts under Section 404 of the Clean Water Act, particularly mitigation for the 3-74 Resource Report 3 Fish, Wildlife, and Vegetation conversion of forested wetlands to other cover types, will provide habitat mitigation for birds that utilize wetland habitats. It is possible that construction, operation, and maintenance of the Projects could result in impacts on migratory birds. Potential impacts on nesting migratory bird species include direct impacts on nesting birds; noise generated during construction which could disturb nesting birds, if present; habitat fragmentation; and loss of wooded habitat, including temporary removal of vegetation, which could cause nesting species to relocate to other suitable habitat. Atlantic and DTI are consulting with the FWS regarding impacts on migratory birds. Copies of correspondence between Atlantic and DTI and the FWS are provided in Appendix 1H (ACP) and Appendix 1I (SHP). As noted above, a Migratory Bird Plan is being developed to identify avoidance, minimization, and mitigation measures for effects to migratory birds as a result of the Projects. The plan will be included in Appendix 1F of the final Resource Report 1. In correspondence with Atlantic, the West Virginia FWS (in a letter dated December 9, 2014) provided the following recommendations to reduce impacts on migratory birds and their habitats: Clear natural or semi-natural habitats (e.g., forests, woodlots, reverting fields, fencerows, and shrubby areas) between September 1 and March 31, which is outside the nesting season for most native bird species. Avoid fragmenting large, contiguous tracts of wildlife habitat, where feasible, especially in circumstances where habitat cannot be fully restored after construction. Maintain contiguous habitat corridors, where possible, to facilitate dispersal. Where practicable, concentrate construction activities, infrastructure, and man-made structures (e.g., roads, parking lots, and staging areas) on lands already cultivated, and away from areas of intact and healthy native habitats. To reduce habitat fragmentation, co-locate roads, lay down areas, staging areas, and other infrastructure in or immediately adjacent to already disturbed areas (e.g., existing roads, pipelines, and agricultural fields). Where this is not possible, minimize roads and other infrastructure. To minimize habitat loss and fragmentation, cluster development features (e.g., lay down areas, staging areas, and roads) where possible rather than distributing infrastructure broadly across the landscape. The North Carolina, Virginia, and Pennsylvania FWS offices have not yet provided recommendations to reduce impacts on migratory birds. Atlantic and DTI, in accordance with West Virginia FWS recommendations, have and will continue to implement measures such as clearing outside of the nesting season and implementing activity buffers around active nests for certain species; limiting the width of the construction corridor to the minimum needed to safely build the pipeline; and utilizing routing as a tool to avoid impacts on discrete habitats and environmental features to avoid impacts on 3-75 Resource Report 3 Fish, Wildlife, and Vegetation migratory birds that use these areas to nest. These measures are described below and in will be included in the Migratory Bird Plan for the Projects. The clearing phase of construction has the greatest potential for impacts if conducted during the nesting season. Construction in agricultural and other open areas are likely to have the least extent of impacts as nesting densities are typically lower in areas with a regular disturbance regime, and disturbance of nesting habitat will only be temporary. Take of, or direct impacts on, migratory birds are not expected due to the timing of vegetation clearing activities. Vegetation clearing activities associated with construction of the proposed pipelines are scheduled to occur outside the migratory and nesting seasons for most migratory birds in the region. As shown in Table 1.6-1 in Resource Report 1, tree clearing for the 2017 construction spreads is expected to occur between November 2016 and March 2017; and tree clearing for 2018 spreads is expected to occur between November 2017 and March 2018. These clearing timeframes are in accordance with recommendations from the VDGIF (in a letter dated February 19, 2015) that significant tree removal and ground-clearing activities should occur outside the primary nesting season for songbirds in Virginia, which runs from March 15 through August 15. Raptor nests (including eagle nests) identified during habitat assessments or eagle nest surveys will have appropriate no activity restrictions in buffers around the nests if the nests are active at the time of construction. Atlantic and DTI are consulting with State/Commonwealth agencies to determine appropriate no-activity buffers for active rookeries. Conservation measures for the federally listed red-cockaded woodpecker and wood stork will be developed in consultation with the FWS and implemented as described in Section 3.7. While construction activities for the new compressor stations (beginning in the Spring of 2017) could overlap with migratory or nesting seasons for some birds, existing tree cover within the station sites will be cleared prior to the nesting season similar to the proposed pipelines. For other aboveground facilities, work will largely occur within or along the pipeline rights-of-way which will be cleared ahead of the nesting season. Impacts from vegetation clearing on migratory bird species requiring contiguous forested patches are important because nesting densities tend to be higher in these habitats. Habitat for shrubland species is often created by various disturbance events, so impacts in these areas are generally expected to be less than in forested lands. Some bird species that use open or shrubland habitats could benefit from the habitat conditions created by the proposed Projects in the maintained rights-of-way. Construction activities at other times of the year could impact migratory birds, but suitable habitat will be available in areas immediately adjacent to the construction areas. Construction activities and noise are only expected to temporarily displace migratory birds from the immediate construction areas. While the Projects are expected to comply with the MBTA, activities required for construction have the potential to affect migratory bird habitat. Atlantic and DTI have already taken steps to minimize impacts on migratory birds, e.g., by routing the proposed facilities to 3-76 Resource Report 3 Fish, Wildlife, and Vegetation avoid sensitive areas (see Resource Report 10). Additionally, Atlantic and DTI will implement other measures to avoid and minimize such impacts, such as clearing outside of the nesting season and implementing activity buffers around active nests for certain species. Despite these efforts, construction and operation of the Projects will result in the permanent loss of some forested nesting habitat, most notably deciduous and coniferous forests. To further minimize, mitigate, and compensate for long-term impacts in forested areas, Atlantic and DTI will develop and implement a Migratory Bird Plan. The plan will identify conservation measures and best management practices for the Projects to address migratory birds and their habitats. The Migratory Bird Plan will be provided in Appendix 1F of the final Resource Report 1. After construction is complete, Atlantic and DTI will restore the construction rights-ofway as near as practicable to preconstruction condition in accordance with the Plan and Procedures and the other construction, restoration, and mitigation plans developed for the Projects (to be provided in Appendix 1F of the final Resource Report 1). Cropland will be restored to active agricultural production, and other areas will be revegetated using methods and seed mixes appropriate to existing land uses and cover types. Atlantic and DTI anticipates that the majority of the temporary use areas will recover to pre-disturbance conditions over time. Regular maintenance of vegetation in the permanent rights-of-way will be conducted in accordance with the Plan and Procedures. The Plan does not allow routine vegetation maintenance clearing more frequently than every 3 years, with the exception of a 10-foot-wide corridor centered over the pipeline, which can be maintained annually in an herbaceous state to facilitate periodic corrosion and leak surveys. Additionally, the Plan prohibits clearing between April 15 and August 1 of any year to avoid disruption of nesting birds. Given the proposed timing of vegetation clearing, the Projects are not expected to result in direct impacts on migratory birds. Additionally, based on the relatively limited extent of the proposed disturbance within the broader landscape, and with the implementation of the proposed mitigation and restoration measures, no substantial changes in habitat availability or suitability are anticipated as a result of the Projects. As such, the Projects are not expected to result in adverse permanent or cumulative impacts on migratory birds or migratory bird populations. 3.5 BALD AND GOLDEN EAGLES Beyond the MBTA, the Bald and Golden Eagle Protection Act (BGEPA) provides additional protection to bald and golden eagles. The BGEPA prohibits the take, possession, sale, purchase, barter, offer to sell, purchase, or barter, transport, export or import, of any bald or golden eagle, alive or dead, including any part, nest, or egg, unless allowed by permit. “Take” under this act is defined as “to pursue, shoot, shoot at, poison, wound, kill, capture, trap, collect, or molest or disturb.” Disturb is defined as “to agitate or bother a bald or golden eagle to a degree that causes, or is likely to cause, based on the best scientific information available, (1) injury to an eagle, (2) a decrease in its productivity, by substantially interfering with normal breeding, feeding, or sheltering behavior, or (3) nest abandonment, by substantially interfering with normal breeding, feeding, or sheltering behavior.” If a proposed project or action occurs in an area where nesting, feeding, or roosting eagles occur, the proponent often needs to implement 3-77 Resource Report 3 Fish, Wildlife, and Vegetation special conservation measures to comply with the BGEPA. FWS guidance on complying with the BGEPA is found in the National Bald Eagle Management Guidelines (FWS, 2007a). In addition to the protection provided under the BGEPA, bald eagles in Virginia are also protected under Virginia’s Endangered Species Act, the Federal Endangered Species Act Cooperative Agreement, and the State Protection of Wildlife Species. Bald eagles could occur in both the ACP Project area and SHP Project area. Golden eagles are not known to nest in Virginia, West Virginia, or Pennsylvania; however, they migrate along Appalachian Mountain ridgelines in Spring and Fall in Virginia and West Virginia and are known to occasionally use Winter habitat in Appalachian Mountain ridges and valleys (WVDNR 2014e; VDGIF 2014e). Golden eagles do not occur in North Carolina. Atlantic and DTI consulted with the West Virginia Field Office of the FWS, WVDNR, Virginia Field Office of the FWS, VDGIF, North Carolina Field Office of the FWS, NCDENR, NCWRC, and the Pennsylvania Department of Conservation and Natural Resources to obtain location information on known bald eagle nests in the vicinity of the Projects. Copies of correspondence with these agencies are provided in Appendices 1H (ACP) and 1I (SHP). Eagle nest information has been requested from the WVDNR and will be included in the final version of Resource Report 3. In Virginia, Atlantic and DTI will follow the project review process and guidelines outlined in the “Management of Bald Eagle Nests, Concentration Areas, and Communal Roosts in Virginia: A Guide for Landowners,” issued by the VDGIF in 2012; and the Virginia Field Office of the FWS “Endangered Species: Project Reviews in Virginia Step 6a – Eagle Nests” (FWS 2014c). This process involves reviewing online nest data to determine if any known active or historic nests are located in the vicinity of a project. Based on data from the Virginia NHI, there are four occurrences of known bald eagles nests within 2 miles of the proposed ACP pipeline routes in Virginia. Preliminary review of the Center for Conservation Biology’s (CCB) Virginia Eagle Nest Locator indicated that there are nests and communal roosts in the vicinity of the proposed routes. Review of CCB and VDGIF eagle nest databases did not identify any eagle nests within 660 feet of the ACP, though one nest was identified within one mile (CCB 2015; VDGIF 2015a). Atlantic and DTI will work with the VDGIF and Virginia FWS to make sure that the ACP is planned in accordance with 2012 VDGIF and 2014 Virginia FWS guidelines. The North Carolina NHI data identified two occurrences of known bald eagle nests within 2 miles of the proposed CP pipelines in North Carolina. Atlantic and DTI conducted aerial surveys for bald eagles in North Carolina in conjunction with the aerial surveys for red cockaded woodpecker in March 2015. Aerial surveys did not identify any active bald eagle nests within 1,000 feet of the AP-2 mainline in North Carolina. DTI used the PNDI Project Environmental Review online system to review locational data for species, including eagles. Based on the receipt from the PDNI, no known sensitive resources, including bald or golden eagles, are known to occur in the vicinity of the proposed 3-78 Resource Report 3 Fish, Wildlife, and Vegetation SHP facilities in Pennsylvania. No further review for the SHP is required with the Pennsylvania Game Commission (PGC) or FWS for eagles in Pennsylvania. If bald or golden eagle nests or occupied Winter roosting habitat are identified during field surveys or at any time during construction of the Projects, Atlantic and DTI will follow procedures developed in consultation with the FWS and appropriate State wildlife agencies. These procedures will be described in the Migratory Bird Plan, which is being developed for the Projects (to be provided in Appendix 1F of the final Resource Report 1). 3.6 MARINE MAMMALS All marine mammals are protected under the Marine Mammal Protection Act (MMPA) of 1972. Some marine mammals are afforded additional protections under the ESA if they are federally listed as threatened or endangered. The MMPA prohibits, with certain exceptions, the taking of marine mammals in U.S. waters and by U.S. citizens on the high seas and the importation of marine mammals and marine mammal products into the United States. The term “take” as defined in Section 3 of the MMPA means “to harm, hunt, capture, or kill, or attempt to harass, hunt, capture, or kill any marine mammal” (16 USC § 1362(13)). Some marine mammals are afforded additional protections under the ESA if they are federally listed as threatened or endangered; however, the Projects are not expected to impact federally listed marine mammals. To assess the potential occurrence of marine mammals in waterbodies crossed by the ACP, Atlantic reviewed multiple online resources available through NOAA Fisheries website and State/Commonwealth resource agencies including the U.S. Atlantic and Gulf of Mexico Marine Mammal Stock Assessments – 2013 and The Marine Mammals of Virginia. Based on this review, bottlenose dolphin and harbor seal were identified as having the potential to occur in the ACP Project area in the City of Chesapeake. The proposed AP-3 lateral route crosses the Southern Branch Elizabeth River, which has the potential to contain these species. Atlantic submitted requests for early coordination and technical assistance in September 2014 with a follow-up in February 2015 to the NOAA Fisheries’ Office of Protected Resources (OPR). Atlantic requested verification of the list of marine mammal species that may occur within the ACP Project area, information on known occurrences of species, and direction regarding measures for avoiding, minimizing, and mitigating impacts on the species. Correspondence with the OPR (2015b) did not identify any additional species that may occur in the ACP Project area. Bottlenose Dolphin The bottlenose dolphin is the most frequently observed marine mammal along the Atlantic coast. The bottlenose dolphins that occur in the Chesapeake Bay and its tributaries are adapted to warmer, shallower waters and are a slimmer variety (coastal ecotype) than those found in the open ocean (offshore ecotype). The bottlenose dolphin is not listed as federally threatened or endangered under the ESA; however, the Atlantic coastal stock was deemed “depleted” by NOAA Fisheries after a disease eliminated half the stock in 1987 and 1988. 3-79 Resource Report 3 Fish, Wildlife, and Vegetation The diet of a bottlenose dolphin varies greatly depending on the ecotype, but coastal dolphins feed on small fish and invertebrates, while offshore types feed on squid and pelagic fish. Those that live in the Chesapeake Bay have been known to prey on catfish, eels, menhaden, mullet, shrimp, crabs, and squid. The only predators the bottlenose dolphin faces are large sharks and killer whales, but attacks are rare. The threat of humans is greater than these predators. Incidental catch from fishing operations and chemical pollutants are the biggest threats to the bottlenose dolphin today (Jenkins 2009, Coleman 2007). NOAA Fisheries (2015b) indicated that bottlenose dolphins may occur in the lower and middle Chesapeake Bay during the Summer near Cape Charles, as well as in the James and Elizabeth rivers. The dolphins may travel as far north as Baltimore Harbor, the Chester River, and near Washington, D.C., but that is rare. They are likely not present during colder months. Harbor Seal Harbor seals are the most widespread pinniped in the world, with populations throughout the Pacific and Atlantic Oceans and at least five subspecies. The western Atlantic Ocean harbor seals are distributed from the French coast to the North Sea and northward to the Barents Sea, as well as along the Atlantic coast of North America. Harbor seals populate the shallow waters of coastal areas, bays, rocky islets, estuaries, and even freshwater lakes. They are typically seen near piers and beaches, as well as on inter-coastal islands. Breeding occurs during a 10-week period ranging from late Winter to Summer. Females typically give birth to one pup every year, with an average gestation period of 10.5 months. Diet preferences vary by region, but overall the harbor seal is a carnivore that feeds on fish. Sharks and killer whales are its main predators, but the main threat to the harbor seal is humans and human activities, in particular, pollution (Cale, 2012). The harbor seal has potential to occur in the ACP Project area in the City of Chesapeake where the AP-3 lateral will cross the Southern Branch Elizabeth River. Seals are mainly seen during the Winter months in and around the Chesapeake Bay. In recent years, small numbers of seals (less than 50) have established Winter haul-out sites in the Chesapeake Bay. NOAA Fisheries (2015b) has indicated that harbor seals may occur near Virginia Beach, Linkhorn Bay, and even Hopewell, up the James River. They infrequently occur in small groups near islands of the Chesapeake Bay Bridge-Tunnel in Spring and Summer. 3.6.1 Impacts on Marine Mammals In-water work associated with construction of the ACP has the potential to impact bottlenose dolphins and harbor seals due to periodic increases in both underwater and surface noise. Seals and dolphins may avoid use of inshore areas near construction activities. No suitable harbor seal haul outs, including shorelines, piers, jetties, and rock islands are known to occur near the proposed pipeline right-of-way. Therefore, seals would only experience surface noise loud enough to cause harassment during construction activities if swimming near the ACP Project area. Spills, leaks, or accidental releases of fuels, lubricants, or other hazardous substances during construction of the pipeline could result in mortality of seals or dolphins in the vicinity of the spill; however, Atlantic will follow its SPCC to reduce the risk of unanticipated spills. 3-80 Resource Report 3 Fish, Wildlife, and Vegetation Based on the rare occurrence of marine mammals in the waters to be crossed by the AP-3 lateral, poor habitat quality for these species in the ACP Project area, and the abundance of more suitable habitat for the species outside the vicinity Project area, the risk of harassment on marine mammals is very low. If in-water work is required, it is expected that harassment to marine mammals could be avoided with the implementation of a marine mammal protection plan. The marine mammal protection plan could involve timing restrictions for in-water work and/or monitoring for marine mammals during in-water work by a qualified marine mammal observer with stop work authority within a pre-established safety zone. NOAA Fisheries (2015b) has indicated that the implementation of monitoring and mitigation measures, such as time of year restrictions, shutdown procedures, and observers, would eliminate the need for an Incidental Harassment Authorization from the OPR. Atlantic is evaluating use of the HDD construction method to install the AP-3 lateral beneath the Southern Branch Elizabeth River. The HDD method would eliminate the need for in-water work at the crossing and avoid or minimize direct impacts on marine mammals. 3.7 ENDANGERED AND THREATENED SPECIES Section 7 of the ESA requires Federal agencies to verify that any actions authorized, funded, or carried out by the agencies do not jeopardize the continued existence of a federally listed threatened or endangered species, or result in the destruction or adverse modification of designated critical habitat for a federally listed species. The law is jointly administered by the FWS, which is responsible for terrestrial and freshwater species, and NOAA Fisheries, which is responsible for marine and anadromous species. As the lead Federal agency for authorizing the Projects, FERC is required to coordinate with the FWS and NOAA Fisheries to determine whether federally listed endangered or threatened species or designated critical habitat are found in the vicinity of the Projects, and to evaluate the potential effects of the proposed actions on those species or critical habitat. For actions involving major construction activities with the potential to affect listed species or designated critical habitat, the FERC must report its findings to the FWS and NOAA Fisheries in a Biological Assessment for those species that could be affected. If it is determined that the proposed action is likely to adversely affect listed species or designated critical habitat, the FERC is required to initiate formal consultation with the appropriate Federal agency. In addition to Federal law, Virginia, North Carolina, and Pennsylvania have laws that protect threatened and endangered and rare or sensitive species. West Virginia does not have laws that protect State species; however all native mussels in the State are protected in accordance with the West Virginia Mussel Survey Protocols (WVMSP). State/Commonwealth laws for species protection are discussed in Section 3.7.3. 3.7.1 Federally Listed and Proposed Species Atlantic and DTI reviewed the IPaC System to determine which federally listed species could occur in the ACP Project area and SHP Project area. Atlantic and DTI additionally coordinated with the FWS Ecological Services Field Offices (ESFO) in West Virginia, Virginia, 3-81 Resource Report 3 Fish, Wildlife, and Vegetation North Carolina, and Pennsylvania to introduce the Projects and begin discussing potential impacts on federally listed species and designated critical habitat. For the ACP, Atlantic sent letters to the West Virginia, Virginia, and North Carolina EFSOs and to NOAA Fisheries’ OPRs in August 2014 requesting early coordination and technical assistance based on the species lists obtained through the IPaC System. These letters requested verification of the species that could be impacted by the ACP Project as well as direction on field survey protocols for species-specific surveys. For the SHP, DTI sent letters to the West Virginia and Pennsylvania EFSOs requesting early coordination and technical assistance in October 2014. Atlantic and DTI requested and received NHI data from each State/Commonwealth wildlife agency for a 2 mile-wide corridor centered on the proposed pipeline centerlines which includes the locations of aboveground facilities. This data identifies occurrences of State/Commonwealth-listed species as well as sensitive or significant habitats including parks, forests, or nature preserves located along or adjacent to the proposed pipeline routes. For the SHP, DTI additionally used the PDNI Project Environmental Review online system to identify known locations of sensitive species, including federally listed species, in the vicinity of the proposed facilities in Pennsylvania. Based on information obtained through IPaC System, NHI, and agency consultations to date, Atlantic and DTI have compiled a preliminary list of 33 federally listed species that potentially occur within the ACP Project area and the SHP Project area. Lists of Federal species are provided in Appendix 3B. Descriptions of each species, including life history, ecology, and status of each species across its range, are provided in Section 3.7.1. Copies of correspondence with agencies are provided in Appendices 1H (ACP) and 1I (SHP) of Resource Report 1. Atlantic and DTI plan to prepare a draft Biological Assessment evaluating the potential impacts of the Projects on federally listed species. Atlantic and DTI expect to file the draft Biological Assessment with FERC in the Fall of 2015. 3.7.1.1 Species Managed by the U.S. Fish and Wildlife Service Atlantic and DTI have consulted with the FWS to identify federally listed endangered, threatened, and proposed species as potentially occurring in the ACP Project area and SHP Project area. These species are described below. Amphibians and Reptiles Cheat Mountain Salamander The Cheat Mountain salamander, which was federally listed as threatened in 1989, is known only to occur in West Virginia. This salamander is a small woodland species reaching lengths of approximately 4 inches. The salamander is black or dark brown with brassy or silvery flecks above and uniformly dark gray beneath. Over 70 known sites for the Cheat Mountain salamander occur in the mountain areas of Tucker, Grant, Randolph, Pendleton, and Pocahontas Counties, including areas in the MNF (WVDNR, 2014f). Cheat Mountain salamander habitat primarily consists of red spruce forests above elevations of 2,980 feet in microclimates with 3-82 Resource Report 3 Fish, Wildlife, and Vegetation relatively high humidity (FWS, 2009; West Virginia FWS, 2014d). The species spends Winters underground and then emerges once temperatures start to rise in Spring. The main threat to the Cheat Mountain salamander is degradation of high-elevation red spruce and spruce/northern hardwood forests (WVDNR, 2014f). Based on preliminary desktop review of topographic and vegetation cover maps, the proposed AP-1 mainline route crosses deciduous forests at elevations exceeding 2,980 feet in Pocahontas and Randolph Counties in areas within and adjacent to the MNF. The nearest known occurrence of Cheat Mountain salamander is located within 0.5 mile of the proposed route approximately at MP 61.0, where the AP-1 mainline crosses Cheat Mountain and Back Allegheny Mountain in the MNF. Atlantic and DTI will utilize a qualified biological surveyor to review the proposed AP-1 mainline route; prepare a Cheat Mountain salamander survey plan for review by the FWS, USFS, and WVDNR; and survey the proposed route in the Spring of 2015. Birds Red-cockaded Woodpecker The red-cockaded woodpecker was listed as federally endangered in 1970. This small black-and-white woodpecker’s distinguishing features include a black cap and nape that encircle large white cheek patches. Historically, the red-cockaded woodpecker inhabited open pine forests of the southeast, but current habitat differs in quality from historical pines in which the species evolved (FWS, 2014e). Red- cockaded woodpecker has the potential to occur in mature pine forests and has progressed in a landscape where frequent, low-intensity fires burned within upland pine ecosystems. Longleaf pines are preferred; however, other species of southern pine are also acceptable. Due to logging activities and fire suppression, fewer trees are allowed to mature, creating a scarcity of pines suitable for red-cockaded woodpecker habitat. Fire suppression has allowed a hardwood understory to invade on the species’ habitat (FWS, 2014e). Foraging habitat consists of a pine or pine/hardwood stand of forest, woodland, or savannah in which 50 percent or more of the dominant trees are pines and the dominant pine trees are generally 30 years in age or older. Breeding habitat consists of pine, pine/hardwood, and hardwood/pine stands that contain pines 60 years in age or older and that are located within 0.5 mile of suitable foraging habitat. It is preferable that the foraging habitat and breeding habitat be contiguous. The red-cockaded woodpecker is the only woodpecker that excavates cavities exclusively in live pine trees. Cavities are excavated in mature pines, generally over 80 years old. Red-cockaded woodpeckers live in groups with a breeding pair and as many as four helpers. Each group needs approximately 200 acres of mature pine forest to support its foraging and nesting habitat needs (FWS 2014e). According to the IPaC System, the red-cockaded woodpecker has the potential to occur in mature pine forests in the City of Suffolk, Virginia and in Johnston, Robeson, and Wilson Counties, North Carolina. During a June 3, 2014 conference call between Atlantic and the Virginia EFSO, FWS staff indicated that the red-cockaded woodpecker is only known to occur in the Piney Grove Preserve in Sussex County, Virginia, which is located approximately 25 miles to 3-83 Resource Report 3 Fish, Wildlife, and Vegetation the north of the proposed AP-3 mainline. NHI data from Virginia, however, identified known locations of the red-cockaded woodpecker within 2 miles of the route in the City of Suffolk (VDCR 2014a). NHI data from North Carolina identified 26 occurrences of red-cockaded woodpecker within 2 miles of the AP-2 mainline route in Johnston, Robeson, and Wilson Counties, including two occurrences within the 300-foot-wide study corridor along the proposed route. Atlantic’s biological survey crews documented potential foraging habitat for redcockaded woodpecker along the proposed AP-2 and AP-3 routes during environmental field surveys completed in the Summer and Fall of 2014. Based on the results of these habitat surveys, agency communications, and review of IPaC System and NHI data, Atlantic prepared a study plan which was provided to the NCWRC, and North Carolina and Virginia ESFO for review. Aerial surveys were conducted in March 2015 during leaf off conditions for red-cockaded woodpecker nesting cavity trees within 0.5 mile of foraging habitat as identified during biological field surveys or as requested by agencies. A report describing the methods and results of these surveys is currently being prepared and will be provided to the agencies for review. Wood Stork The wood stork was federally listed as endangered in 1984 and reclassified as threatened in 2014. This colonial water bird roosts and forages in association with freshwater and estuarine wetlands, primarily nesting in cypress or mangrove swamps. It feeds in freshwater marshes, narrow tidal creeks, or flooded tidal pools. The species may have formerly bred in most of the southeastern United States and Texas, but the current population of nesting adult birds has been limited to Florida, Georgia, and South Carolina. After breeding, wood stork populations are known to move as far north as North Carolina and into Alabama and Mississippi (FWS, 2014f). The wood stork has the potential to occur year round along or near the proposed AP-2 mainline route in Sampson County, North Carolina; however, NHI data does not indicate any occurrences of wood stork within 2 miles of the proposed ACP Project area. Atlantic has initiated consultation with the North Carolina ESFO regarding the need to conduct surveys for this species. Additional information regarding the results of those consultations will be included in the final Resource Report 3. Crustaceans Madison Cave Isopod The Madison cave isopod, which was federally listed as threatened in 1982, is an eyeless, un-pigmented, freshwater crustacean. The species is endemic to underground karst aquifer habitats of the Shenandoah Valley in Virginia. The habitat for Madison cave isopod is connected to the surface through conduits, including caves and open-throat sinkholes, which drain surface water into the aquifer. A population center of Madison cave isopod is known to occur in Augusta County, Virginia. NHI data from Virginia did not identify known locations of the species within the 2-mile buffer of the proposed AP-1 mainline route (VDCR, 2014b). However, 3-84 Resource Report 3 Fish, Wildlife, and Vegetation the route crosses a Madison cave isopod priority area in Augusta County as identified in the FWS’s Virginia Ecological Services Strategic Plan (FWS, 2012a). As discussed in Section 6.4 of Resource Report 6, a survey to document karst features along the proposed AP-1 route is ongoing. The results of this survey will be used to assess the potential for the ACP to affect Madison cave isopod in Virginia. Fish Cape Fear Shiner The Cape Fear shiner was federally listed as endangered in 1987. It is endemic to the Cape Fear River drainage in North Carolina. Cape Fear shiners generally are found in small- to medium-sized rivers. Adults are found in slow pools, riffles, and deep pools, while juveniles occupy areas near outcrops and flooded areas. Suitable substrates are generally made up of gravel, cobble, and boulder. Primary threats to the Cape Fear shiner are habitat loss and degradation from changes to water flows and pollutants (FWS, 2006a). The AP-2 mainline route crosses the Cape Fear River drainage in Sampson and Cumberland Counties. A desktop review to determine locations of suitable habitat is currently being completed. Atlantic has initiated consultation with the North Carolina ESFO regarding the need to conduct surveys for this species. Additional information regarding the results of those consultations will be included in the final Resource Report 3. Roanoke Logperch The Roanoke logperch, which was federally listed as endangered in 1989, is a freshwater fish that occupies clean, clear, and moderate to large warm‐water streams and rivers. The fish are found in the Nottoway, Pigg, Otter, Roanoke, and Smith watersheds in Virginia (FWS 2014g). The Nottoway and Roanoke watersheds are crossed by the AP-1 and AP-3 mainline. Roanoke logperch inhabit riffle‐run‐pool areas and substrata made of mostly gravel and rubble. Adult males are generally found in shallow riffles; adult females in deep runs with gravel and small cobble bottoms; and young in slow runs and pools with clean sand bottoms. Threats to the Roanoke logperch include lower water quality due to agricultural activities and habitat loss due to impoundments (NCWRC, 2014g). According to the IPaC System, the Roanoke logperch has the potential to occur in waterbodies in the following six Counties in Virginia crossed by the proposed AP-1 mainline route: Brunswick, Dinwiddie, Greensville, Nottoway, Prince Edward, and Southampton. NHI data did not identify known locations of the Roanoke logperch within 2 miles of the proposed route (VDCR, 2014a); however, the AP-1 mainline crosses a Roanoke logperch priority area identified in the Virginia Ecological Services Strategic Plan in Dinwiddie, Nottoway, and Brunswick Counties (FWS, 2012a). Based on review of watershed data, the AP-1 mainline crosses TBD waterbodies containing potentially suitable habitat for the logperch in the Roanoke River watershed and TBD waterbodies containing potentially suitable habitat for the logperch in the Chowan-Roanoke watershed where the Roanoke logperch is listed. 3-85 Resource Report 3 Fish, Wildlife, and Vegetation A study plan detailing the waterbodies planned for survey will be provided to the Virginia ESFO for review in the Spring of 2015. Field surveys are expected to be completed in the Summer of 2015. Insects Monarch Butterfly On December 29, 2014 the FWS initiated a status review under the ESA for the monarch butterfly prompted by a petition from interest groups. The status review requires a 60-day comment period, which ended on March 2, 2015. This is followed by a one year status review. At the end of that period, a listing proposal is published in the Federal register if listing may be warranted. If the species is proposed for listing under the ESA it will be addressed at that time. Saint Francis' Satyr Butterfly The Saint Francis’ Satyr butterfly is a federally endangered, subspecies of N. mitchellii that was listed in 1994. The butterfly lives in wet meadows with wetlands and sedges. It has been found around pitcher plants, cane, and rough-leaved loosestrife (also federally listed, see below). This species is only known to occur in Hoke and Cumberland Counties in North Carolina (FWS, 2012b). The Saint Francis’ Satyr butterfly is endangered due to habitat loss from human activities. There has also been a decline due to loss of beaver populations, which once provided flooded meadows, and fire suppression (FWS, 2012b). The only known occurrences of the Saint Francis’ Satyr butterfly are within the Fort Bragg military installation, which is located approximately 7.3 miles to the west of the proposed AP-2 mainline route near MP 430.0; however, there is potential for the species to occur in suitable habitat in other areas. NHI data did not identify any occurrences of the species within 2 miles of the route. Atlantic has initiated consultation with the North Carolina ESFO regarding the need to conduct surveys for this species. Additional information regarding the results of those consultations will be included in the final Resource Report 3. Mammals There are three federally listed or proposed bat species with the potential to occur in the ACP Project area and SHP Project area: Indiana bat, northern long-eared bat, and Virginia bigeared bat. In addition to these species West Virginia ESFO asked Atlantic and DTI to include the little brown bat in assessments for the Projects. Atlantic and DTI will complete surveys for these species as discussed below if suitable habitat is identified during field review of the proposed pipeline routes. Indiana Bat The Indiana bat was first listed as endangered in 1967. Since that time, populations have declined by nearly 56 percent (FWS, 2014h). Population declines leading to listing were caused primarily by loss and degradation of suitable hibernacula, human disturbance during hibernation, 3-86 Resource Report 3 Fish, Wildlife, and Vegetation and loss and degradation of forested habitat. More recently, white-nose syndrome (WNS), a fungal pathogen, has caused serious declines in bat populations, including Indiana bats, in the northeastern United States. The abundance of Indiana bats in the northeast has declined to almost half of the 2001 population levels due to the effects of WNS. The Indiana bat is a temperate, insectivorous, migratory bat that hibernates in caves and mines in the Winter, and spends the Summer in wooded areas. Most populations leave their hibernacula by late April. After emerging, bats move to forested habitats for the Summers. Females arrive in Summer habitat as early as April 1. Temporary roosts are often used during Spring until a maternity roost with large numbers of adult females is established. Female Indiana bats exhibit strong site fidelity to Summer roosting and foraging areas. Most documented maternity colonies have 50 to 100 adult bats (FWS, 2007b). Indiana bats roost in dead or live trees and snags with peeling or exfoliating bark, split trunks, or cavities, and in live trees with exfoliating bark that are 5 inches in diameter (such as shagbark hickory). Indiana bats use stream corridors, riparian areas, and upland woodlots for roosting, foraging, and as travel corridors. The federally endangered Indiana bat is listed as potentially occurring in all Counties crossed by the ACP pipelines in West Virginia and in Highland, Augusta, and Cumberland Counties, Virginia. According to a map published by the FWS, the Distribution of Federally Listed Threatened and Endangered Species and Proposed Species in West Virginia (FWS, 2012c), multiple Indiana bat hibernacula protection areas are crossed by the ACP in Pocahontas and Randolph Counties. The West Virginia EFSO of the FWS confirmed known occurrences of Indiana bat in Harrison, Lewis, Pocahontas, Randolph, and Upshur Counties, West Virginia in a letter dated December 9, 2014 (FWS, 2014d). For the SHP, Indiana bat is listed as occurring in Westmoreland and Greene Counties, Pennsylvania, and in all Counties in West Virginia. Known Indiana bat maternity activity is documented in Wetzel County (FWS, 2013a). No documented Indiana bat hibernacula protection areas occur within the SHP Project area; however undocumented bat hibernacula and Summer roosting and foraging habitat may exist along the pipeline route in West Virginia (FWS, 2012c). In Pennsylvania, known Indiana bat maternity colonies and/or male capture sites are documented in Greene County based on review of the Federally Listed, Proposed, and Candidate Species in Pennsylvania (FWS, 2014i). Based on this same reference, no known hibernacula are located in the Counties crossed by the SHP, but undocumented hibernacula and Summer roosting and foraging habitat may be found. During environmental field surveys for the Projects, Atlantic and DTI searched for potential hibernacula within a 300-foot-wide survey corridor centered on the proposed routes, and three potential hibernacula were identified. Atlantic and DTI will utilize a qualified bat surveyor to conduct field reviews of these potential portal features in the Spring of 2015. The review will help determine if Spring trapping surveys are needed at individual sites. If needed, trapping surveys will be completed between the Spring and Summer of 2015 in accordance with the Protocol for Assessing Bat Use of Potential Hibernacula (FWS 2014j). 3-87 Resource Report 3 Fish, Wildlife, and Vegetation Atlantic and DTI will develop a bat survey plan for the Indiana bat, northern long-eared bat, and Virginia big-eared bat species. This plan will also include the little brown bat in West Virginia. The bat survey plan will describe Indiana bat survey methods in accordance with the 2014 Range-wide Indiana Bat Summer Survey Guidelines. The level of effort of these surveys will be determined by the amount of suitable Summer habitat present along the proposed routes and direction from the FWS EFSOs in West Virginia and Virginia. Atlantic and DTI anticipate filing the bat survey plan with the FWS EFSOs in West Virginia and Virginia in the Spring of 2015. Atlantic has initiated consultation with the FWS regarding the scope of surveys for this species. Additional information regarding the results of those consultations will be included in the final Resource Report 3. Northern Long-eared Bat In October 2013, the northern long-eared bat was proposed for Federal listing as endangered throughout its range, which includes all of the Counties/Cities crossed by the ACP Project area and SHP Project area in West Virginia, Virginia, North Carolina, and Pennsylvania. In January 2015, the FWS proposed a special rule under Section 4(d) of the ESA to focus protections for the northern long-eared bat. On April 4, 2015, the FWS listed the northern longeared bat as threatened. Concurrent with the listing determination the FWS extended the comment period for the 4(d) rule through July 1, 2015. As drafted, the 4(d) rule would exempt many right-of-way maintenance and expansion activities from the need to consult with the FWS. The final decision on the 4(d) rule is expected in July 2015. The northern long-eared bat is a short migratory species with a distribution from the eastern United States and Canada to western Montana and up to the southern Northwest Territories and eastern British Columbia in Canada (FWS, 2013b). The species predominantly overwinters in large caves and abandoned mines with stable temperatures and high humidity (FWS, 2014k). Northern long-eared bats arrive at hibernacula in August or September; enter into hibernation by October or November; and leave the hibernacula by March or April (FWS, 2014k; Whitaker and Hamilton, 1998). During the Summer, the northern long-eared bat is associated with forested habitat in proximity to wetlands (Foster and Kurta, 1999). Northern long-eared bats often roost alone or in colonies. Day roosts are found in buildings, towers, hollow trees, beneath loose bark of trees, in crevices in cliffs, and beneath bridges, while caves are used as night roosts (FWS, 2014k; NatureServe, 2014; Carter and Feldhamer, 2005; Sasse and Perkins, 1996). Breeding begins in late July in northern ranges and early October for southern ranges of the species. Foraging behavior is diverse. Diet includes moths, flies, leafhoppers, caddisflies, and beetles species. Population declines are believed to have been caused primarily by WNS. Human disturbance to Summer habitat and the loss of suitable hibernacula are factors that also limit the species’ ability to persist while experiencing dramatic population declines from WNS (FWS, 2014k). The West Virginia EFSO confirmed known occurrences of the northern long-eared bat in Harrison, Lewis, Pocahontas, Randolph, and Upshur Counties in a letter to Atlantic dated 3-88 Resource Report 3 Fish, Wildlife, and Vegetation December 9, 2014 (FWS, 2014d). Dominion and DTI have not yet received location data for the northern long-eared bat from the Virginia, North Carolina, and Pennsylvania ESFOs. As noted above, Atlantic and DTI will develop a bat survey plan that details bat survey methods in accordance with the Northern Long-eared Bat Interim Conference and Planning Guidance issued by the FWS in January 2014 (FWS, 2014l). These surveys will be based on the amount of suitable Summer habitat present along the route and direction from the FWS EFSOs in West Virginia, Virginia, North Carolina, and Pennsylvania. Atlantic and DTI anticipate filing the bat survey plan with the FWS in the Spring of 2015. Atlantic has initiated consultation with the FWS regarding the scope of surveys for this species. Additional information regarding the results of those consultations will be included in the final Resource Report 3. Virginia Big-eared Bat The Virginia big-eared bat was federally listed as endangered in 1979 due to its small population size, limited distribution, and vulnerability to human disturbance. It is a mediumsized bat with large ears that occupies caves in karst regions dominated by oak-hickory or beechmaple-hemlock forest (FWS, 1984). Virginia big-eared bats usually hibernate during Winter in tight clusters near cave entrances that are well ventilated and where temperatures range from 32 degrees Fahrenheit (°F) to 54 ºF. In the Summer, maternity colonies are found in the relatively warm parts of limestone caves (FWS, 1984). Pups are born in May or June. The species primarily feeds on moths over pastures, agricultural fields, and near the crowns of trees (VDGIF, 2015c). In the ACP Project area, the Virginia big-eared bat is known to occur in Randolph County, West Virginia and Highland County, Virginia. This species is not known to occur in the SHP Project area. As noted above, Atlantic and DTI will develop a bat survey plan which details bat survey methods for this species. The level of effort of the surveys will be based on the amount of suitable habitat present along the route and with direction from the EFSOs in West Virginia and Virginia. Atlantic and DTI anticipate filing the bat survey plan with the FWS in the Spring of 2015. Atlantic has initiated consultation with the FWS regarding the scope of surveys for this species. Additional information regarding the results of those consultations will be included in the final Resource Report 3. Little Brown Bat The little brown bat is not federally listed under the ESA. In a letter to Atlantic, however, the West Virginia ESFO said the bat is being considered for listing and requested that Atlantic include the species in its planning for field surveys (FWS, 2014d). Atlantic has agreed to this request. Little brown bats utilize caves for hibernacula in the Winter. They can also be found in human structures. The little brown bat can be found in large clusters of as many as 100,000 individuals at one hibernacula site. Summer roosts for the little brown bat are similar to other bat species; they use tree cavities and human structures such as barns and attics. Similarly to the northern long-eared bat, the little brown bat is opportunistic in selecting Summer habitats. 3-89 Resource Report 3 Fish, Wildlife, and Vegetation Population numbers of the species have dramatically declined due to WNS (Kunz and Reichard, 2010). Atlantic and DTI will include little brown bat in the bat survey plan. Atlantic has initiated consultation with the FWS regarding the scope of surveys for this species. Additional information regarding the results of those consultations will be included in the final Resource Report 3. Freshwater Mussels There are five federally listed mussel species with the potential to occur in the ACP Project area and SHP Project area: dwarf wedge mussel, James spinymussel, clubshell mussel, snuffbox mussel, and Tar River spinymussel. Atlantic and DTI will complete surveys for these species as discussed below if suitable habitat is identified during field review of waterbody crossings along the proposed pipeline routes. The locations of potentially suitable habitat for each of these mussel species is currently being reviewed by a qualified malacologist. In West Virginia, mussel surveys will be completed in accordance with the WVMSP. The protocol classifies streams into four groups based on the size of the stream and whether or not federally listed mussels are expected to occur. The proposed AP-1 mainline route crosses the West Fork River, which is listed as a Group 2 stream. Streams in this group are small to midsized and where federally listed species are known to occur. Occupancy surveys for mussels in the West Fork River are expected to be completed in the Spring of 2015. There are two federally listed mussel species with the potential to occur in the SHP Project area: clubshell mussel and snuffbox mussel. At least one or both of these species have potential to occur in four streams crossed by the proposed TL-635 pipeline loop, including Indian Creek, McElroy Creek, Meathouse Fork, and Buckeye Creek. The FWS and VDGIF DRAFT Freshwater Mussel Survey Guidelines for Virginia will be implemented in Virginia. In accordance with this document, habitat assessments will be completed for stream crossings along the proposed pipeline routes with watersheds greater than 5 square miles upstream from the crossing location. Habitat assessments also will be completed at 17 stream crossings identified through review of NHI data and agency consultation that are known to contain protected freshwater mussels, indicator prey species, and/or federally listed species. Occupancy surveys for streams determined to contain suitable habitat and streams that are known to contain federally listed species will be completed in the Spring of 2015. Based on consultation with the North Carolina EFSO, habitat mapping and occupancy surveys will be necessary in streams known to contain federally listed mussels. Based on correspondence with the NCWRC, the presence of listed mussels can be assumed at some locations. The Tar River spinymussel can be assumed to be present at the Fishing Creek, Swift Creek, and Tar River crossings. All streams that are 2nd order or larger in the Tar and Neuse basins potentially have dwarf wedgemussel in addition to other rare mussel species. Surveys for these species are expected to be completed in the Spring of 2015. 3-90 Resource Report 3 Fish, Wildlife, and Vegetation Dwarf Wedgemussel The dwarf wedgemussel is a federally endangered freshwater mussel that was listed in 1990. The mussel is typically found in shallow to deep quick running water on cobble, fine gravel, or on firm silt or sandy bottoms. It will also occupy areas with submerged aquatic plants, and near stream banks underneath overhanging tree limbs. The species commonly lives on muddy sand, sand, and gravel bottoms in creeks and rivers of various sizes. It requires areas of slow to moderate current, good water quality, and little silt deposits (FWS, 1993; FWS, 2014m). Threats to the species include point sources of pollution, non-point chemical pollution, sedimentation from agriculture, discharge rate modifications, and landfill construction near occupied waterbodies (FWS, 1993). The dwarf wedgemussel is known or has the potential to occur in perennial waterbodies in the Nottoway River drainage in Virginia, which includes Brunswick, Dinwiddie, and Nottoway Counties. NHI data from Virginia identified known locations of the mussel in perennial waterbodies crossed by the proposed AP-1 mainline route; however, none of these are within the 300-foot-wide study corridor for the ACP (VDCR, 2014c). In North Carolina, the dwarf wedgemussel is known to occur within the Tar and Neuse basins which include Nash, Johnston, and Wilson Counties. NHI data from North Carolina identified 13 known locations of the mussel along the proposed AP-2 mainline route (NCDENR, 2014b). James Spinymussel The James spinymussel was federally listed as endangered in 1988. It is a small freshwater mussel slightly less than 3inches in length (FWS, 2014n). The mussel lives in streams with slow to moderate water current with clean sand and cobble bottom sediments. This mussel is limited to unpolluted water and is susceptible to competition from exotic clam species when its habitat is disturbed (FWS 1990a). The species has declined rapidly during the past two decades due to habitat loss and modification, and now exists only in small, headwater tributaries of the upper James River basin, which includes Highland, Augusta, Nelson, and Buckingham Counties, Virginia. Threats to the species include siltation, invasion of exotic species, water pollution, stream channelization, impoundment of waterways, and sewage discharge, as well as agricultural, logging, and road activities (FWS, 2014n). The proposed AP-1 mainline crosses the James River along the Buckingham/Nelson County line, as well as other waterbodies within the James River basin in Nelson, Buckingham, and Cumberland Counties. Additionally, NHI data from Virginia identified known locations of the mussel within the 2 miles of the proposed AP-1 mainline route in Highland County, but none of these are crossed (VDCR, 2014c). Clubshell The clubshell was federally listed as endangered in 1989. Considered an upper Ohio River system species, the mussel is currently found within 12 waterbodies throughout its historic range (FWS, 1994). Population declines of the species have been attributed to pollution caused by agricultural run-off, industrial wastes, and the establishment of impoundments for navigation. Current threats to the clubshell also include colonization by the non-native and invasive species, the zebra mussel (FWS, 1994). Sensitive to disturbance, the clubshell inhabits areas with low 3-91 Resource Report 3 Fish, Wildlife, and Vegetation turbidity in medium to small waterbodies with loose sand or gravel substrate, often below riffles (FWS, 1994). The species typically burrows itself completely in the substrate relying on water to percolate through the course sand particles. The only waterbody crossed by the ACP in which the clubshell has the potential to occur in is the West Fork River, which is crossed by the proposed AP-1 mainline near MP 7.9 in Upshur County, West Virginia. Snuffbox The snuffbox was federally listed as endangered in 2012. With a few exceptions, populations are highly fragmented and restricted to short reaches within 79 streams and lakes. The snuffbox is generally found in a variety of waters including small to medium creeks, large rivers with swift currents and along wave swept lakes (FWS, 2012d). They burrow deep in sand, gravel, or cobble substrates and come to the surface when spawning or attracting a host (FWS, 2012d). The only waterbody along the ACP in which the snuffbox has the potential to occur is the West Fork River, which is crossed by the proposed AP-1 mainline near MP 7.9 in Upshur County, West Virginia. Tar River Spinymussel The Tar River spinymussel was federally listed as endangered in 1985. It is one of three freshwater mussels with spines in the world. The mussel lives in relatively silt-free riffle and run habitat in un-compacted gravel and/or coarse sand in fast-flowing, well-oxygenated streams. The mussel is endemic to the Tar River and Neuse River in North Carolina. Primary threats to the mussel are sedimentation, bank instability, and loss of in-stream habitat (FWS, 2014o). The Tar River spinymussel is known or has the potential to occur in perennial waterbodies crossed by the proposed AP-2 mainline in Halifax, Johnston, and Nash Counties, North Carolina. Based on review of topographic maps and watershed boundaries, the proposed route crosses the Tar River, Fishing Creek, and Swift Creek in the Tar River systems and the Little River in the Neuse River system. NHI data from North Carolina identified four known locations of the mussel along the proposed route in Nash County (NCDENR, 2014b). Plants Twelve federally listed plant species have the potential to occur in the ACP Project area. Atlantic is planning to conduct surveys for these species in areas containing potentially suitable habitat as identified by qualified botanists approved by the FWS for each species. Analyses of potentially suitable habitat are ongoing. Survey windows vary for each species based primarily on flowering times or other times of year when the plant is most readily apparent (see Table 3.7.1-1). American Chaffseed The American chaffseed, which is a federally endangered perennial herb, was listed in 1992 (FWS, 2012e). The plant occurs in acidic, sandy, and seasonally moist to dry soils. The plant also lives in peat wetlands, moist pine flatwoods, and fire-maintained savannas. Populations of the species are found in North Carolina, Virginia, South Carolina, Georgia, Florida, and New Jersey (FWS, 2012e). Threats to American chaffseed include fire suppression, destruction of habitats, and unmanaged habitats (FWS, 2012e). 3-92 Resource Report 3 Fish, Wildlife, and Vegetation TABLE 3.7.1-1 Federally Listed Plant Survey Timing Windows Status a Potential Occurrences in the Project Area Survey Timing Window American Chaffseed (Schwalba americana) E Virginia, North Carolina May to August Eastern Prairie Fringed Orchid (Platanthera leucophaea) T Virginia June 15 to July 15 Michaux’s Sumac (Rhus michauxii) E Virginia, North Carolina May 1 to October 31 Northeastern Bulrush (Scirpus ancistrochaetus) E Virginia July 1 to September 30 Pondberry (Lindera melissifolia) E North Carolina February to March (flowering) September–October (fruiting) Rough-leaved Loosestrife (Lysimachia asperulifolia) E North Carolina Mid-May to June Running Buffalo Clover (Trifolium stoloniferum) E West Virginia Mid-April to July Shale Barren Rock Cress (Boechera serotina) E Virginia July 15 to October 15 Small Whorled Pogonia (Isotria medeoloides) T West Virginia June 1 to July 20 Swamp Pink (Helonias bullata) T Virginia April 15 to May 31 (flowering/fruiting) June 1 to September 30 (basal leaves present) Virginia Sneezeweed (Helenium virginicum) T Virginia July 15 to October 15 Virginia Spirea (Spiraea virginiana) T West Virginia May 1 to September 30 Species ____________________ a E – Endangered, T – Threatened American chaffseed has the potential to occur along the proposed AP-2 mainline route in Cumberland County, North Carolina. Based on review of the Federal Recovery Plan for this species, extant occurrences in Cumberland County are associated with impact zone activities on Fort Bragg, which is located approximately 7 miles west of the proposed route. Eastern Prairie Fringed Orchid The eastern prairie fringed orchid is a federally threatened perennial herb that was listed in 1989 (FWS, 2014p). The plant occurs in diverse habitats ranging from prairie to wetlands. The wetlands are typically marsh edges, bogs, and sedge meadows. The plants require full sunlight, grassy areas, and little to no woody areas. There are populations in Virginia, Ohio, Illinois, New York, Indiana, Iowa, Maine, Michigan, and Wisconsin (FWS, 2014p). The eastern prairie fringed orchid is threatened largely because of habitat loss for agricultural purposes and the development of wetlands (FWS, 2014p). The occurrence of eastern prairie fringed orchid in Augusta County, Virginia is an extant population record in a sedge meadow maintained by grazing (FWS, 2012a). Plants at this site have not been documented since the 1980s. NHI data from Virginia did not identify known locations of the eastern prairie fringed orchid within 2 miles of the proposed AP-1 mainline route (VDCR, 2014c). 3-93 Resource Report 3 Fish, Wildlife, and Vegetation Michaux's Sumac Michaux’s sumac is a federally endangered shrub that was listed in 1989 in the Southeast Region of FWS (FWS, 2012f). The plant occurs naturally in rocky and sandy open woods. The plant has also been found along North Carolina highway rights-of-way. The species is found in the piedmonts and coastal plains of Virginia, North Carolina, Florida, Georgia, and South Carolina (FWS, 2012f). Michaux’s sumac is endangered mostly due to its low success of reproduction. Other threats include fire suppression and habitat destruction from development (FWS, 2012f). Michaux’s sumac has the potential to occur along or near the proposed AP-1 mainline route in Brunswick, Dinwiddie, and Nottoway Counties, Virginia, and the proposed AP-2 mainline route in Cumberland, Johnson, Nash, Robeson, and Wilson Counties, North Carolina. NHI data did not identify known locations of the Michaux’s sumac within 2 miles of the routes. Northeastern Bulrush The Northeastern bulrush is a federally endangered tall sedge that was listed in 1991 in the Northeast Region of the FWS (PA NHP, 2014a). The plant occurs in ponds, wetlands, wet depressions, and seasonal pools. There are only 50 to 60 populations in existence in the United States, which are located in Virginia, West Virginia, Maryland, New Hampshire, Vermont, and Massachusetts (FWS, 2006b). The Northeastern bulrush is endangered due to habitat loss from road construction and off-road vehicles. Other threats include dredging and upland runoff (FWS, 2006b). The Northeastern bulrush has the potential to occur in wetland habitats crossed by the proposed AP-1 mainline in Augusta County, Virginia. However, National Hydrography Database data from Virginia did not identify known locations of the species within 2 miles of the route (VDCR, 2014c). Pondberry Pondberry is a federally endangered deciduous shrub that was listed in 1986 (FWS, 2012g). The plant occurs in shaded wetlands (e.g., hardwoods and bottomlands). The plant is also found in ponds, depressions, and sinks. Populations of the species occur in North Carolina, Missouri, Mississippi, Alabama, Georgia, South Carolina, and Arkansas. The populations in North Carolina are mostly found in Cumberland and Sampson Counties (FWS, 2012g). Pondberry is endangered due to animal grazing, particularly hogs and cattle, forest harvesting, and drainage ditching (FWS, 2012g). Pondberry has the potential to occur in wetland habitats along the proposed AP-2 mainline route in Cumberland and Sampson Counties, North Carolina. Rough-leaved Loosestrife The rough-leaved loosestrife is a federally endangered perennial herb that was listed in 1987 (FWS, 2012h). The plant occurs between uplands and dense vine/shrub growth on wet peat soil. It can also occur in organic soils and relatively moist sands. The rough-leaved loosestrife is endangered due to human activities, such as development, wetland drainage, and fire suppression (FWS, 2012h). Rough-leaved loosestrife can also be found along power line right-of-ways and roadsides. 3-94 Resource Report 3 Fish, Wildlife, and Vegetation Populations of rough-leaved loosestrife occur in North Carolina and South Carolina. Rough-leaved loosestrife has the potential to occur along or near the proposed AP-2 mainline route in Cumberland County, North Carolina. Running Buffalo Clover Running buffalo clover was federally listed as endangered in 1987 (FWS, 2014q). The species occurs in two fairly distinct habitat types: shaded lawn and mesic forest. Lawn populations include cemeteries, parks, and old home sites. Mesic forest populations are often associated with streams and trails. Forest populations require open areas where the clover is exposed to indirect sunlight (FWS, 2007c). Running buffalo clover flowers from mid-April to June, and fruiting occurs from May to July (FWS, 2007c). The primary threat to running buffalo clover is habitat alteration. Factors that contribute to this threat include natural forest succession and subsequent canopy closure, competition by invasive plant species, and permanent habitat loss through development or road construction, and may include the elimination of disturbance by bison and other large herbivores (FWS, 2007c). Populations of running buffalo clover occur in West Virginia and Virginia. Based on correspondence with the West Virginia ESFO, there are known occurrences of the species within 2 miles of the proposed AP-1 mainline in Pocahontas County, West Virginia. No known occurrences occur within 2 miles of the ACP Project area in Virginia. Shale Barren Rock Cress The shale barren rock cress is a federally endangered biennial plant that was listed in 1989 (FWS, 2014r). There are less than 20 individuals left in the wild (FWS, 2014r). The plant occurs in areas of open stunted pine and red cedar, and also in eroded slopes along streams. Typically the plant is found at elevations between 1,099 and 2,495 feet above sea level with dry and hot temperatures and where there is little vegetation cover and low moisture. Shale barren rock cress is only found in West Virginia and Virginia in the Appalachian Mountains. The species is endangered due to habitat loss from railroad, dam, and road construction and overcollection. The plant has also been overgrazed by deer, sheep, and goats, and is susceptible to fungal blight, drought, and pesticides (FWS, 2014r). Based on review of the Federal Recovery Plan, extant occurrences of shale barren rock cress have been reported in GWNF in West Virginia and Virginia. Small Whorled Pogonia The small whorled pogonia is a federally threatened terrestrial orchid that was listed in 1982 (FWS, 2014s). The plant occurs in old hickory, oak, beech, birch, and maple hardwood stands. The plant exists in acidic soils with organic matter on the slopes of smaller streams. Small whorled pogonia populations occur throughout the Northeast, Southeast, and Midwest of the United States, including West Virginia, Virginia, and North Carolina. The remaining populations typically have less than 20 plants each (FWS, 2014s). The species is endangered due to urban sprawl, forestry, and recreational activities. The small whorled pogonia has the potential to occur in upland forest habitats crossed by the proposed AP-1 mainline route in Randolph County, West Virginia and Buckingham County, 3-95 Resource Report 3 Fish, Wildlife, and Vegetation Virginia (FWS 2014d). NHI data did not identify known locations of the species within 2 miles of the route (VDCR, 2014c). Swamp Pink Swamp pink is a federally threatened perennial evergreen herb that was listed in1988. The plant is an obligate wetlands species that lives in forested wetlands, including swamps, along streams. The plant also occurs in spring seepage areas and headwater wetlands. Habitat for the species must have a water table that is close to the surface, lateral ground water movement, and 20 to 100 percent canopy closure. Populations of the species have been found from New York to the southern Appalachian Mountains, including West Virginia, Virginia, and North Carolina. Populations have also been found in the western region of the Blue Ridge Mountains in the Shenandoah Valley and in New Jersey (VDCR NHP, 2014e). Swamp pink is threatened due to pollution from runoff into wetlands, invasive species, changes in groundwater and surface water, construction, and stormwater discharge (VDCR NHP, 2014e). Swamp pink has the potential to occur in perennial wetland habitats along the proposed AP-1 mainline route in Augusta and Nelson Counties, Virginia, but NHI data did not identify known locations of the species within 2 miles of the route (VDCR, 2014c). Virginia Sneezeweed Virginia sneezeweed is a federally threatened perennial herb that was listed in 1998. The plant occurs in wetlands and along the shores of seasonally flooded ponds. The ponds are typically acidic and poorly drained, and the soils are silty loam. Populations of Virginia sneezeweed occur in the Ozark Highlands of Missouri and the west part of the Blue Ridge Mountains of Virginia. There are less than 30 known sites left of Virginia sneezeweed in the United States (U.S. GPO, 1998; FWS, 2010; VDCR NHP, 2014f). The species is threatened due to erosion, flooding, toxic runoff, drainage, development, and dredging (VDCR NHP, 2014f). Virginia sneezeweed has the potential to occur along the proposed AP-1 mainline route in Augusta County, Virginia, but NHI data did not identify known locations of the species within 2 miles of the route (VDCR, 2014c). Virginia Spiraea Virginia spiraea was listed as a federally threatened shrub in 1990. The plant is found along streams and rivers in areas with periodic disturbances, such as high-velocity scouring floods, which eliminate competition from other woody vegetation. There are isolated populations of the plant in the Appalachian Plateaus and southern Blue Ridge Mountains in West Virginia, Virginia, and North Carolina. The populations mostly occur in a few aggregates (FWS, 2012i; FWS, 2014t). Threats to the Virginia spiraea include road construction, poorly managed recreational river corridors, changes in water flow patterns, and industry (FWS, 2012i; FWS, 2014t). Virginia spiraea has the potential to occur in the ACP Project area along waterbodies and riparian areas with sandy, silty, or clay soils at elevations between 1,000 and 2,400 feet above sea level in West Virginia and Virginia. NHI data from Virginia did not identify known 3-96 Resource Report 3 Fish, Wildlife, and Vegetation locations of the species within 2 miles of the proposed routes, and the Virginia ESFO did not recommend surveys for this species. In correspondence with Atlantic, the West Virginia ESFO of the FWS recommended surveys for the species in suitable habitat (VDCR NHP, 2014a; FWS, 2014d). 3.7.1.2 Species under NOAA Fisheries Jurisdiction Review of available data and consultation with NOAA Fisheries identified two federally listed fish species and five sea turtles with the potential to occur in the ACP Project area in Virginia and North Carolina. No federally listed species managed by NOAA Fisheries occur in the ACP Project area in West Virginia or the SHP Project area in West Virginia and Pennsylvania. Marine mammals protected under the MMPA are discussed in Section 3.6. No federally listed marine mammals are expected to occur in the ACP Project area. Fish Atlantic Sturgeon The Atlantic sturgeon is known to occur along the eastern coast of the United States in 32 rivers as one of five distinct population segments (DPS) of the species (i.e., New York Bight, Chesapeake Bay, Carolina, South Atlantic, or Gulf of Maine). Four of the DPS are federally endangered, and one, the Gulf of Main DPS, is threatened. Atlantic sturgeon is a long-lived, estuarine dependent, anadromous fish species. They spawn in moderately flowing water in deep parts of large freshwater rivers in the Spring and early Summer. When not spawning, sub-adults and adults live in coastal marine waters and estuaries, which is where they spend most of their lives. Juveniles usually reside in estuarine waters for months to years. Based on consultation with the Northeast Region of NOAA Fisheries, the City of Chesapeake, Virginia, is the only location in the ACP Project area where Atlantic sturgeon may be present. The proposed AP-3 lateral crosses the East Ditch (MP 67.2), Deep Creek Canal (MP 75.3), and Southern Branch Elizabeth River (77.3), each of which may contain Atlantic sturgeon from any one of the five DPS (NOAA, 2014j). The species also occurs in James River, which is crossed by the AP-1 mainline route in Nelson and Buckingham Counties; however, the crossing is upstream of the Bosher Dam, which does not provide passage for the fish. Atlantic sturgeon was once found throughout the Chesapeake Bay and its freshwater rivers, but is now very rare. Within the Chesapeake Bay Region, Atlantic sturgeon travel through the Bay in April-May on its way to freshwater spawning areas in the James and York Rivers, and again in autumn when it leaves the Bay for coastal ocean waters. The fish spend most of their lives in the ocean, living at the bottom of freshwater rivers while in the Chesapeake Bay region (Chesapeake Bay Program, 2014). Based on information provided by NOAA Fisheries, if individual Atlantic sturgeon is present in the Elizabeth River or adjacent creeks, they most likely would be sub-adult or adult sturgeon searching for suitable foraging areas and could occur at any time of the year. Due to the poor water quality in the ACP Project area, however, suitable forage (e.g. benthic invertebrates such as mollusks and crustaceans) and appropriate habitat conditions (e.g. areas of submerged aquatic vegetation) are limited. 3-97 Resource Report 3 Fish, Wildlife, and Vegetation Based on consultation with the Southeast Region of NOAA Fisheries, Atlantic sturgeon of the Carolina DPS are known or believed to occur in Northampton and Halifax Counties, North Carolina (NOAA, 2014b). The Status Review of the Atlantic sturgeon issued by NOAA Fisheries in 2007 identifies known occurrences of the species in the Roanoke River, which is crossed by the proposed AP-2 mainline approximately seven river miles downstream from Roanoke Rapids, near Weldon, at the Northampton and Halifax County line. In a letter dated November 21, 2014, the NCWRC also said that there are records for Atlantic sturgeon in the Roanoke River, and that researchers have recently documented Fall spawning in the river near Weldon (NCWRC, 2014). The Status Review also identifies occurrences of Atlantic sturgeon in the Nottoway, Cape Fear, Tar, and Neuse Rivers, each of which is crossed by the proposed AP-2 mainline route. None of these crossings occur within Halifax or Northampton County and they are not expected to support Atlantic sturgeon. Only the Roanoke River crossing is expected to support Atlantic sturgeon, during Spring and early Summer spawning. Atlantic is evaluating use of the HDD construction method to cross the Roanoke River, which would minimize or avoid impacts on the spawning of Atlantic sturgeon. Shortnose Sturgeon The shortnose sturgeon is federally endangered throughout its range. The shortnose sturgeon is a relatively small (usually less than three feet long), long-lived, benthic-feeding species of anadromous fish. Habitats primarily include slow-moving riverine, estuarine, and marine near shore waters. The sturgeon inhabits the lower sections of larger rivers and coastal waters along the Atlantic coast. It may spend most of the year in brackish or salt water, moving into fresh water only to spawn. In late Fall, adults congregate in wintering sites. Between late Spring and early Fall, the species travels upriver to spawn using faster moving deep channels in fresh and brackish water habitats (NOAA, 2014i). Based on information provided by the Northeast Region of NOAA Fisheries, shortnose sturgeon is unlikely to occur in waterbodies crossed by the proposed ACP pipelines in Virginia. The species is not currently known to occur in the James or Elizabeth River basins (NOAA 2014i). Although data are lacking for the rivers of North Carolina, the shortnose sturgeon may occur in larger inland rivers in the State. The Southeast Region of NOAA Fisheries identified shortnose sturgeon as occurring in North Carolina, but did not provide locations specific to the ACP Project area (NOAA, 2014k). Although the proposed AP-2 mainline route crosses the Cape Fear River in Cumberland County, the Tar River in Nash County, and the Neuse River in Johnston County, the crossings are likely too far inland for the species to occur. The recovery plan for shortnose sturgeon only identifies the species occurring in the lower Cape Fear River below the dam upstream of Wilmington, with a population of less than 50 fish (NOAA Fisheries, 1998). Therefore, the species is not expected to experience any direct or indirect effects from the proposed ACP. Sea Turtles NOAA Fisheries shares ESA authority with the FWS for sea turtles. Pursuant to a joint memorandum of understanding, the FWS has jurisdiction over sea turtles on land (terrestrial 3-98 Resource Report 3 Fish, Wildlife, and Vegetation habitat) and NOAA Fisheries has jurisdiction over sea turtles in their marine habitats. Adult sea turtles only occur on land to lay eggs, but they are not known to nest in the ACP Project area. Therefore, construction and operation of proposed ACP facilities would not impact nesting sea turtles. Five species of sea turtle listed as threatened or endangered under the ESA, including the green, loggerhead, hawksbill, leatherback, and Kemp’s Ridley turtles occur in marine and estuarine waters off the Atlantic Coast (NOAA Fisheries, 2015c). With the exception of the hawksbill, which is considered a rare visitor, juvenile and adult sea turtles are generally present migrating and foraging from May through November. In Virginia, juveniles and adults of these species of sea turtle may arrive as early as April/May. Based on information provided by the Northeast Region of NOAA Fisheries, none of the five species of sea turtle are expected to occur in the ACP Project area in Virginia, and sea turtles are not expected to experience any direct or indirect effects from the proposed ACP (NOAA Fisheries, 2014j). 3.7.1.3 General Construction Impacts and Mitigation Atlantic and DTI will conduct field surveys as recommended by the FWS ESFO in each State/Commonwealth crossed by the Projects to determine if federally listed species occur in the ACP Project area or SHP Project area. A discussion of potential effects on bats and mussels, both of which are distributed across the majority of the ACP Project area and SHP Project area, is included below. The remaining species have potential to occur in specific locations in the ACP Project area and SHP Project area. Potential impacts on these species, as well as avoidance and mitigation measures that will be implemented by Atlantic and DTI will be identified in the final Resource Report 3. Bats Atlantic and DTI are evaluating measures to avoid effects on the federally listed and proposed/considered bat species listed above with potential to occur in the ACP Project area and SHP Project area. A plan for Winter tree clearing will be submitted to the FWS and the FERC for review. Atlantic and DTI anticipate that direct adverse effects to the four bat species can be avoided during construction by Winter tree clearing. Atlantic and DTI will develop and implement a contingency plan in the event that some sections of the route cannot be cleared prior to Spring bat emergence or if the FWS requests areas surrounding hibernacula be cleared outside of hibernation season to avoid affects from noise to hibernating bats. For construction activities that will occur when bats may be actively utilizing forest habitat in the Project area, Atlantic and DTI will develop measures to be implemented to reduce or avoid adverse effects to the three listed bat species. Once surveys are completed and the proximity of roost trees is determined, avoidance and minimizations measures will be developed. Specific avoidance and mitigation will be included in the final Resource Report 3. 3-99 Resource Report 3 Fish, Wildlife, and Vegetation Mussels Atlantic and DTI are evaluating measures to avoid effects on federally listed freshwater mussels by minimizing impacts on habitat. Atlantic and DTI will implement State/Commonwealth and Federal water quality requirements and the Plan and Procedures to reduce and minimize potential erosion and sedimentation in waterbodies due to construction activities. See Resource Report 1 for a description of potential waterbody crossing methods. Once mussel habitat assessments and occurrence surveys are complete, Atlantic and DTI will identify appropriate construction and mitigation measures to avoid or minimize impacts on federally listed mussel species. Specific avoidance and mitigation measures will be identified in the final Resource Report 3. Other Species Additional information about species identified during field surveys in 2015 will be included in the final Resource Report 3. 3.7.2 U.S. Forest Service Species As noted in Resource Report 1, the route for the proposed AP-1 mainline crosses approximately 29.7 miles of USFS lands in the MNF and GWNF. The USFS is required under the National Forest Management Act of 1976 to manage habitats, participate in the recovery of threatened and endangered plant and animal species, and avoid actions that could cause a species to become threatened or endangered. The USFS maintains Regional Forester Sensitive Species (RFSS) lists for the MNF and the GWNF. The list for each National Forest includes species identified by the Regional Forester that may require additional protection by the USFS. In addition to the RFSS lists, the LRMP for each National Forest identifies MIS. MIS for each National Forest are species which are actively monitored to assess impacts of forest management activities on native biota within National Forest lands. Atlantic is in the process of coordinating with MNF and GWNF staff to identify RFSS with the potential to occur along the proposed AP-1 mainline route. A summary of correspondence to date is provided in Appendix 1H of Resource Report 1. Biological surveys for select sensitive species are planned for the Spring and Summer of 2015. Surveys will document habitat and occurrences of species within a 300-foot-wide survey corridor. A larger area will be surveyed on a case-by-case basis if required for particular species identified in the LRMP. If any sensitive species are encountered in the survey area, Atlantic will coordinate with the USFS to develop measures to avoid or minimize impacts on the species. 3.7.2.1 Monongahela National Forest The MNF is located in the Eastern Forest Service Region (Region 9). The AP-1 mainline route crosses approximately 17.9 miles of the MNF. Coordination with the MNF regarding RFSS and MIS is ongoing. 3-100 Resource Report 3 Fish, Wildlife, and Vegetation West Virginia Northern Flying Squirrel The West Virginia northern flying squirrel was listed as a federally endangered subspecies in 1985. The squirrel has since been removed from the endangered species list in 2008, but a court ruling following a lawsuit in 2011 ordered the FWS to restore ESA protections to the species. The squirrel remained an endangered species until the U.S. Court of Appeals reversed the initial court decision in 2012, and the subspecies was officially delisted in 2013 (FWS, 2013c). This species is also listed as Commonwealth endangered in Virginia. West Virginia northern flying squirrels are small, nocturnal mammals that possess furcovered membranes between front and hind limbs called patagia, and long, broad, flat tails which enable them to glide through the air. They are covered by soft, dense fur that is typically brownish on the top of the body and grayish on the underside. Unlike other squirrels, the West Virginia northern flying squirrel is not highly dependent on seeds and nuts, but primarily subsists on lichens and fungi. These squirrels also remain active during Winter (FWS, 1990b). Historically, West Virginia flying squirrels inhabited mature red spruce forests that once dominated the Allegheny Highlands. Significant loss of these forests occurred from extensive logging that began in the 1880s and lasted until the 1940s (FWS, 1990b). Today, the recovery of this subspecies can be attributed to the regeneration of high-elevation spruce-northern hardwood forests in the decades since the cessation of industrial logging. West Virginia northern flying squirrels are associated with red spruce and mixed conifer-northern hardwood forests in the central Appalachians. Observations of West Virginia northern flying squirrels have also occurred in stands with eastern hemlock, Norway spruce, and red pine. Using the mean home range size for male West Virginia northern flying squirrels of 54 hectares (133 acres) (Menzel et al. 2006), Atlantic and DTI developed a habitat model using known observations of West Virginia northern flying squirrels in the ACP Project area within the MNF as well as in Highland County, Virginia. For each known observation point, a 400-meter (1,312-foot) buffered polygon was developed as representing suitable habitat. This habitat model will be submitted to the WVDNR, West Virginia FWS, VDGIF, and the MNF for approval prior to conducting habitat mapping for the species along the proposed AP-1 mainline route. 3.7.2.2 George Washington National Forest The GWNF is located in the USFS Southern Region (Region 8). The AP-1 mainline route crosses approximately 11.8 miles of the GWNF. Coordination with the GWNF regarding RFSS and MIS is ongoing. Cow Knob Salamander The Cow Knob salamander is recognized as a management indicator species within the GWNF. In 1994, the FWS and the USFS entered into a Conservation Agreement for the cow knob salamander resulting in protection of occupied habitats within the GWNF. This salamander is a medium sized terrestrial species reaching lengths of five to six inches. The salamander is dark gray or brown with a row of white or yellow spots along the 3-101 Resource Report 3 Fish, Wildlife, and Vegetation sides with white or yellow spots on the back. The species is found only in the Shenandoah Mountains between elevations of 2,400 and 4,300 feet. The cow knob salamander lives under rocks, logs, and other debris where it is moist and cool. In dry weather, it retreats underground. It generally forages at night and is primarily nocturnal. The salamanders are active in the Spring and in the Fall during cool moist weather in mixed hardwood and hardwood mixed with eastern hemlock. Based on preliminary desktop review of topographic and vegetation cover maps, the proposed AP-1 mainline route crosses mixed hardwood forests at elevations exceeding 2,400 feet in Augusta County, Virginia. In a letter to Atlantic dated February 19, 2015, the VDGIF recommended that the AP-1 mainline be routed to avoid cow knob salamander habitats within the GWNF (VDGIF, 2015a). Atlantic and DTI will utilize a qualified biological surveyor to review the route; prepare a cow knob salamander survey plan for review by the FWS, USFS, and VDGIF; and survey the proposed route in Spring of 2015. 3.7.2.3 General Construction Impacts and Mitigation Atlantic has initiated consultation with the USFS regarding potential impacts on species and survey requirements. Additional information regarding the results of those consultations and subsequent surveys will be included in the final Resource Report 3. 3.7.3 State/Commonwealth-Listed Species West Virginia West Virginia does not have a State threatened and endangered species program, instead deferring to the FWS’s list of federally listed threatened and endangered species. In addition to Federal listed species, however, rare species are assigned a State rank by the WVNHP. In accordance with the WVMSP, all native freshwater mussels are protected in West Virginia (WVMSP, 2014) in addition to the federally listed mussel species discussed in Section 3.6.1.2 above. Based on review of the WVMSP, four waterbodies in the ACP Project area are known or believed to support State-protected native freshwater mussels including French Creek, Buckhannon River, Tygart Valley River, and West Fork Greenbrier River. Additionally four waterbodies in the SHP Project area are known or believed to support Stateprotected native freshwater mussels including South Fork Fishing Creek, Indian Creek, Buckeye Creek, and Flint Run. Atlantic and DTI are planning to conduct surveys in these streams for mussel species. Atlantic and DTI have initiated consultation with WVNHP for species information and survey requirements. Additional information regarding the results of those consultations and subsequent surveys will be included in the final Resource Report 3. Virginia Virginia has separate acts protecting threatened and endangered species. The Virginia Endangered Species Act (Va. Code §§ 29.1-563 to 29.1-570) designates VDGIF as the Commonwealth agency with jurisdiction over federally or Commonwealth-listed endangered or 3-102 Resource Report 3 Fish, Wildlife, and Vegetation threatened fish and wildlife. The act prohibits by regulation the taking, transportation, processing, sale, or offer for sale of those species. Under the Endangered Plant and Insect Species Act (Virginia Regulations 325-01 et seq.), the taking or possession of endangered or threatened plant and insect species is prohibited. The VDCR represents the Virginia Department of Agriculture and Consumer Services, which is responsible for Commonwealth-listed plants and insects, in providing comments regarding potential effects on Commonwealth-listed plant and insect species. Atlantic and DTI requested and received data on known occurrences of Commonwealthlisted species in Virginia from the VDCR NHP. Table 3.7.3-1 summarizes this data. Atlantic and DTI additionally have consulted and continue to consult with the VDGIF and VDCR regarding impacts on Commonwealth-listed threatened and endangered species. A letter from the VDCR was received on November 18, 2014 identifying Natural Area Preserves and conservation sites in the ACP Project area; these are discussed in Section 3.2.1.1 above. A response from the VDGIF was received on February 19, 2015. Atlantic has initiated consultation with VDGIF and VDCR for species information and survey requirements. Additional information regarding the results of those consultations and subsequent surveys will be included in the final Resource Report 3. North Carolina State-listed species in North Carolina are separated into three categories: North Carolina Endangered, North Carolina Threatened, and North Carolina Special Concern. Species listed in these categories have been recognized as needing additional conservation by the NCWRC under the State Endangered Species Act (G.S. 113-331 to 113-337). Atlantic requested and received data on known occurrences of State-listed species within a 2-mile-wide corridor centered on the proposed ACP pipeline routes from the NCDENR. Table 3.7.3-1 summarizes this data. In addition to this data, Atlantic solicited and received comments in a letter dated November 21, 2014 from the NCWRC regarding known occurrences of State-listed aquatic species along the proposed routes. These data also are provided in Table 3.7.3-1. The NCWRC requested a mussel survey in streams that are second order or larger within the Neuse and Tar River basins. For any streams where mussels are present at the crossing, a second mussel survey is planned to relocate mussels that could be impacted during pipeline installation. Surveys for Carolina madtoms will be completed at the same time as the mussel surveys in the Tar and Neuse basins. The NCWRC also requested mussel surveys in the Roanoke and Cape Fear Rivers immediately prior to pipeline installation to relocate mussels that will be impacted by construction. Atlantic has initiated consultation with NCWRC for species information and survey requirements. Additional information regarding the results of those consultations and subsequent surveys will be included in the final Resource Report 3. 3-103 Resource Report 3 Fish, Wildlife, and Vegetation TABLE 3.7.3-1 State/Commonwealth-listed Endangered and Threatened Species Potentially Occurring in the Atlantic Coast Pipeline Area and Supply Header Project Area a,b Species Status c VIRGINIA-LISTED SPECIES Amphibians E Eastern Tiger Salamander Project Component and County/City Basic Habitat Association Eliminated from Further Consideration/Discussion AP-1, Augusta, Nelson Terrestrial habitats widespread including open fields, coniferous forests, and deciduous forests with friable soil. Breeding requires vernal ponds, sinkhole ponds, wetlands, or (rarely) slow fishless streams. Habitat assessment and presence/absence surveys Mabee’s Salamander T AP-3, Suffolk Hardwood-pine mixed forest, bogs, ponds, low wet woods, swamps. Breeds in fishless vernal ponds or ephemeral sinkholes. Habitat assessment and presence/absence surveys Mammals American Water Shrew E AP-1, Highland High elevation headwater streams with rocks, debris dams, and overhanging banks. Habitat assessment and presence/absence surveys T AP-3, Suffolk, Chesapeake Habitats in the Great Dismal swamp which are not permanently flooded. Habitat assessment and presence/absence surveys E AP1, AP-3, Greensville, Southampton, Suffolk Winter habitat consisting of caves. Summer habitat includes mature floodplain forest. Habitat assessment and presence/absence surveys E AP-1, Highland T AP-1, AP-3, Greensville AP-1, Highland, Augusta, Nelson AP-3, Chesapeake Open pine or oak wood, bushy pastures, open grassy areas. Open woodlands. Nest on cliff ledges, or man-made structures such as tall buildings or bridges. Habitat assessment and presence/absence surveys Habitat assessment and presence/absence surveys Habitat assessment and presence/absence surveys E AP-3, Suffolk, Chesapeake Hardwood and mixed hardwood-pine forests, cane fields, and edges of swampy areas. Habitat assessment and presence/absence surveys T AP-1, AP-3, Cumberland, Prince Edward, Dinwiddie, Brunswick, Greensville AP-1, Nelson, Buckingham, Greensville, Southampton Larger rivers, fast flowing, with coarse sand and gravel substrates. Habitat assessment and presence/absence surveys Small to medium-sized streams with sand and gravel bottoms and low current. Habitat assessment and presence/absence surveys Dismal Swamp Southeastern Shrew Rafinesque’s Eastern Big-eared Bat Birds Appalachian Bewick’s Wren Bachman’s sparrow Loggerhead Shrike Peregrine Falcon Reptiles Canebrake Rattlesnake Freshwater Mussels Atlantic Pigtoe Green Floater T T T NORTH CAROLINA-LISTED SPECIES Amphibians SC Neuse River AP-2, Halifax, Nash, Waterdog Johnston, Wilson Mammals SC AP-2, Nash Rafinesque’s Bigeared Bat (Coastal Plain subspecies) Birds Bachman’s Sparrow SC AP-2, Halifax Higher elevations in the Appalachians, including farm fields, forest edges, and brushy areas. Rivers with logjams, leaf litter, and firm substrates. Eliminated from further discussion based on agency correspondence Surveys planned Winter habitat consisting of caves. Summer habitat includes mature floodplain forest. Conservation measures Open woods with thick grass cover. Conservation measures 3-104 Resource Report 3 Fish, Wildlife, and Vegetation TABLE 3.7.3-1 (cont’d) State/Commonwealth-listed Endangered and Threatened Species Potentially Occurring in the Atlantic Coast Pipeline Project Area and Supply Header Project Area a,b Status c Project Component and County/City SC AP-2, Halifax T AP-2, Halifax, Nash, Johnston, Wilson Small to medium sized shallow rivers with little to no flow. Surveys planned SC Low-gradient streams and rivers with gravel and sand substrates in the Roanoke River drainage Clear shallow permanent rivers with little to no flow. Surveys planned SC AP-2, Halifax, Northampton AP-2, Nash SC AP-2, Robeson Open xeric habitats such as coastal dunes, pine flatwoods, and oak hammocks. Pending agency consultation Freshwater Mussels Alewife Floater T E Cape Fear Spike SC Coastal streams and lakes with sand and gravel substrates. Larger rivers, fast flowing, with coarse sand and gravel substrates. Muddy, loose, sandy substrates below logjams. Surveys Planned Atlantic Pigtoe AP-2, Halifax, Nash, Johnston, Wilson AP-2, Halifax, Nash, Johnston, Wilson AP-2, Halifax, Nash, Johnston, Wilson Creeper T Streams, rivers, lakes, and ponds. Surveys Planned Eastern Lampmussel Eastern Pondmussel Green Floater T AP-2, Halifax, Nash, Johnston, Wilson AP-2, Halifax, Nash, Johnston, Wilson AP-2, Halifax, Nash, Johnston, Wilson Small streams to large rivers, ponds, and lakes on sand or gravel substrate. Low current lakes, ponds, and protected areas of rivers with silt and sand substrates. Surveys Planned SC Roanoke Slabshell T Small streams with low flows and gravel or sand substrate. Creeks and rivers with some current and coarse sand and sand/gravel mixed substrates. Large Atlantic Slope rivers with sand and gravel substrates. Surveys Planned Notched Rainbow AP-2, Halifax, Nash, Johnston, Wilson AP-2, Halifax, Nash, Johnston, Wilson AP-2, Halifax, Nash, Johnston, Wilson Tidewater Mucket T T Most often found in sand and silt substrates, in lakes, ponds, canals, streams, or rivers. Large rivers with moderate current. Surveys Planned Triangle Floater Yellow Lampmussel Yellow Lance E AP-2, Halifax, Nash, Johnston, Wilson AP-2, Halifax, Nash, Johnston, Wilson AP-2, Halifax, Nash, Johnston, Wilson Large streams and rivers with strong currents and sand and gravel substrates. Surveys Planned E AP-2, Halifax, Nash, Johnston, Wilson Small streams to large rivers with a variety of preferred substrates. Surveys Planned E AP-2, Sampson E AP-2, Cumberland Species Cerulean Warbler Fish Carolina Madtom Crayfish Chowanoke Crayfish North Carolina Spiny Crayfish Reptiles Southern Hognosed Snake Plants American Bluehearts Sandhills Lily T E Basic Habitat Association Mature deciduous floodplain forest. Sandy or gravelly soils in upland woods or prairies. In transition zones between dry longleaf pine uplands and wet, wooded creeks and stream heads. Eliminated from Further Consideration/Discussion Conservation measures Pending agency consultation Surveys planned Surveys Planned Surveys Planned Surveys Planned Surveys Planned Surveys Planned Eliminated from further discussion based on agency correspondence Eliminated from further discussion based on agency correspondence ____________________ a Potential species in the ACP Project area and SHP Project area based on NHI occurrences within 300 feet of the proposed pipeline routes and response letters from the North Carolina Wildlife Resources Commission dated November 21, 2014, and the Virginia Department of Game and Inland Fisheries, dated February 19, 2015. b West Virginia does not have State-listed species and no State species occurrences were identified during PNDI review in Pennsylvania. c E – Endangered, T – Threatened, SC- Special Concern (NC only) 3-105 Resource Report 3 Fish, Wildlife, and Vegetation Pennsylvania Commonwealth-listed species in Pennsylvania are protected under Title 58, Part II of the Pennsylvania Code (Pennsylvania Code 2014e). Three Commonwealth agencies are responsible for administering this law, as follows: the PGC has jurisdiction over Commonwealth-listed birds and mammals; the PFBC has jurisdiction over Commonwealth-listed fish, reptiles, amphibians, and aquatic organisms; and the Pennsylvania Department of Conservation and Natural Resources has jurisdiction over Commonwealth-listed plants and terrestrial invertebrates. DTI used the PNDI Environmental Review Tool to review the proposed SHP facilities in Pennsylvania for documented occurrences of Commonwealth-listed species. No known occurrences of Commonwealth-listed species were identified in the SHP Project area as a result of this review. 3.7.3.1 General Construction Impacts and Mitigation DTI has initiated consultation with the PGC, PFBC, and PDCNR for species information and survey requirements. 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U.S. Fish and Wildlife Service. 2014m. Dwarf wedge mussel Species Information. Available online at: http://www.fws.gov/raleigh/species/es_dwarf_wedgemussel.html. Accessed August 2014. U.S. Fish and Wildlife Service. 2014o. Tar River spinymussel Species Information. Available online at: http://www.fws.gov/raleigh/species/es_tar_spinymussel.html. Accessed August 2014. 3-119 Resource Report 3 Fish, Wildlife, and Vegetation U.S. Fish and Wildlife Service. 2014p. Eastern Prairie Fringed Orchid (Platanthera leucophaea). Available online at: http://www.fws.gov/midwest/Endangered/plants/ epfo.html. Accessed August 2014. U.S. Fish and Wildlife Service. 2014r. Shale barren rock cress (Arabis serotina). Available online at: http://ecos.fws.gov/speciesProfile/profile/speciesProfile.action? spcode=Q2XA. Accessed August 2014. U.S. Fish and Wildlife Service. 2014s. Small whorled pogonia (Isotria medeoloides). Available online at: http://www.fws.gov/midwest/endangered/plants/smallwhorledpogoniafs.html. Accessed August 2014. U.S. Fish and Wildlife Service. 2014t. Virginia spiraea (Spiraea virginiana). Available online at: http://ecos.fws.gov/speciesProfile/profile/speciesProfile.action?spcode=Q2R1. Accessed August 2014. U.S. Fish and Wildlife Service. 2014a Great Dismal Swamp. Available online at: http://www.fws.gov/refuge/Great_Dismal_Swamp/wildlife_and_habitat/index.html. Accessed December 2014. U.S. Fish and Wildlife Service. 2014n. James spinymussel Species Information. Available online at: http://www.fws.gov/raleigh/species/es_james_spinymussel.html. Accessed August 2014. U.S. Fish and Wildlife Service. 2014q. Running Buffalo Clover (Trifolium stoloniferum). Available online at: http://www.fws.gov/midwest/endangered/plants/runningb.html. Accessed August 2014. U.S. Geological Survey, Gap Analysis Program. 2011. National Land Cover, Version 2. August 2011. Available online at: http://gapanalysis.usgs.gov/gaplandcover/viewer/. U.S. Geological Survey. 2014. NLCD 92 Land Cover Class Definitions. Available online at http://landcover.usgs.gov. Accessed November 2014. Virginia Administrative Code. 2014a. Title 9, Agency 25, Chapter 260, Section 10: Designation of Uses (9VAC25-260-10). Available online at: https://leg1.state.va.us/cgi-bin/legp504. exe?000+reg+9VAC25-260-10 Accessed February 2015. Virginia Administrative Code. 2014b. Title 9, Agency 25, Chapter 260, Section 370: Classification column (9VAC25-260-370). Available online at: http://leg1.state.va. us/cgi-bin/legp504.exe?000+reg+9VAC25-260-370 Accessed February 2015. Virginia Department of Agriculture and Consumer Services. 2014. Call dated June 2, from G. Blosser (Natural Resource Group, LLC) to L. Nichols (VDACS). Virginia Department of Conservation and Recreation (VDCR). 2014d. Invasive Alien Plant Species of Virginia. Available online at: http://www.dcr.virginia.gov/natural_heritage/ invspinfo.shtm. Accessed December 2014. 3-120 Resource Report 3 Fish, Wildlife, and Vegetation Virginia Department of Conservation and Recreation Natural Heritage Program. 2014b. The natural communities of Virginia Classification of Ecological Community Groups. Available online at: http://www.dcr.virginia.gov/natural_heritage/natural_ communities/ncTIId.shtml. Accessed November 2014. Virginia Department of Conservation and Recreation Natural Heritage Program. 2014e. Swamp pink (Helonias bullata). Available online at: http://www.dcr.virginia.gov/natural_ heritage/documents/fshelobull.pdf. Accessed August 2014. Virginia Department of Conservation and Recreation Natural Heritage Program. 2014f. Virginia sneezeweed (Helenium virginicum). Available online at: http://www.dcr.virgin ia.gov/natural_heritage/documents/fshelevirg.pdf. Accessed August 2014. Virginia Department of Conservation and Recreation, Natural Heritage Program. 2014c. Natural Heritage Screening and Element Occurrence, Geographic Information Systems Data received 10/20/14. Virginia Department of Conservation and Recreation. 2014a. Letter dated November 18, from T. Smith (VDCR) to P. Faggert (DTI). Virginia Department of Conservation and Recreation. 2014d. Invasive Alien Plant Species of Virginia. Available online at: http://www.dcr.virginia.gov/natural_heritage/invspinfo.shtm. Accessed December 2014. Virginia Department of Conservation and Recreation. 2015a. Meeting dated January 12, with L. Smith (VDCR), R. Hypes (VDCR), C. Ludwig (VDCR), T. Smith (VDCR), J. Bullock (VDCR), B. Scarpinato (Atlantic), D. Lake (NRG), S. Throndson (NRG). Virginia Department of Conservation and Recreation. 2015b. Meeting dated March 3, with L. Smith (VDCR), R. Hypes (VDCR), C. Ludwig (VDCR), T. Smith (VDCR), J. Bullock (VDCR), S. Throndson (NRG), H. Berman (NRG), J. Martin (NRG). Virginia Department of Game and Inland Fisheries. 2013a. Freshwater Fish Citations. VDGIF Fisheries Division. Available online at: http://www.dgif.virginia.gov/fishing/varp/ citations.asp Accessed January 2015. Virginia Department of Game and Inland Fisheries. 2013b. VDGIF Time of Year Restrictions (TOYR) Table. Available online at: http://www.dgif.virginia.gov/environmental-programs /files/VDGIF-Time-of-Year- Restrictions-Table.pdf . Accessed December 2014. Virginia Department of Game and Inland Fisheries. 2014a. Game/Sport Fish Regulations. VDGIF Fisheries Division. Available online at: http://www.dgif.virginia.gov/fishing/reg ulations/game.asp Accessed December 2014. Virginia Department of Game and Inland Fisheries. 2014b. Wildlife Environmental Review Map Service (WERMS). VDGIF, Richmond, VA. 3-121 Resource Report 3 Fish, Wildlife, and Vegetation Virginia Department of Game and Inland Fisheries. 2014e. Virginian Golden Eagle Research and Conservation. Available online at: http://www.dgif.virginia.gov/wildlife/ birds/golden-eagle/. Accessed December 2014. Virginia Department of Game and Inland Fisheries. 2015a. Letter Dated February 19, 2015 from Raymond T. Fernald (VDGIF, Environmental Programs Manager) to W. Scarpinato (DTI). Virginia Department of Game and Inland Fisheries. 2015c. Virginia Big-eared Bat Species Information. Available online at: http://www.dgif.virginia.gov/wildlife/ information/?s=050035. Accessed January 2015. Virginia Department of Game and Inland Fisheries. 2011. Cold Water Stream Survey. VDGIF, Richmond, VA. Available online at: http://www.dgif.virginia.gov/gis/gis-data.asp Accessed February 2015. Virginia Department of Game and Inland Fisheries. 2014c. Conservation Lands Database, GIS Shapefile downloaded on 11/5/14. Available online at: http://www.dcr.virginia .gov/natural_heritage/cldownloads.html. Virginia Department of Game and Inland Fisheries. 2014d. Wildlife Information. Available online at: http://www.dgif.virginia.gov/wildlife/. Accessed December 2014. Virginia Department of Game and Inland Fisheries. 2015b. Highland Wildlife Management Area, Virginia. Available online at: http://www.dgif.virginia.gov/wmas/detail.asp? pid=28. Accessed April 2015. Virginia Herpetological Society. 2014. Reptiles and Amphibians of Virginia. Available online at: http://www.virginiaherpetologicalsociety.com/#_. Accessed December 2014. West Virginia Code of State Rules. 2014. Title 47, Series 2: Requirements Governing Water Quality Standards. Available online at: http://www.dep.wv.gov/WWE/Programs/ wqs/Documents/Rule%20Approved%20Letter%20and%20Rule%20Itself%202014/WV DEP_WQS_2014Tri-Review_FinalRule47CSR2_June_2014.pdf Accessed November 2014. West Virginia Department of Natural Resources. 2014e. Golden Eagles. Available online at: http://www.wvdnr.gov/publications/pdffiles/wveagleswr.pdf. Accessed December 2014. West Virginia Division of Environmental Protection. 2002. General Mitigation Plan Agreement. WVDEP, Charleston, West Virginia. West Virginia Division of Natural Resources. 2003a. Warmwater Hatchery Program. Available online at: http://www.wvdnr.gov/fishing/warmwater_hatchery.shtm Accessed November 2014. West Virginia Division of Natural Resources. 2007. Restoring West Virginia’s Riverine Fishes. Available online at: http://www.wvdnr.gov/wildlife/magazine/Archive/07winter/Vol7 No3restoringRiverineFishes.pdf Accessed November 2014. 3-122 Resource Report 3 Fish, Wildlife, and Vegetation West Virginia Division of Natural Resources. 2012a. Stocking. Available online at: http://www.wvdnr.gov/wildlife/magazine/archive/12Summer/Wild_Almanac.pdf Accessed November 2014. West Virginia Division of Natural Resources. 2013. West Virginia Hunting, Trapping, and Fishing Map. Available online at: http://www.mapwv.gov/huntfish/map.html# section=fishing Accessed February 2015. West Virginia Division of Natural Resources. 2014a. Fishing Regulation Summary. Available online at: http://www.wvdnr.gov/Fishing/Regs14/2014_Fishing_Regs.pdf Accessed December 2014. West Virginia Division of Natural Resources. 2014b. Mountain State Fishing. Available online at: http://www.wvdnr.gov/fishing/PDFFiles/FISHtourweb04.pdf Accessed January 2015. West Virginia Division of Natural Resources. 2014c. Ecological Communities. Available online at: http://www.wvdnr.gov/Wildlife/Ecolog.shtm. Accessed November 2014. West Virginia Division of Natural Resources. 2014d. West Virginia Animals. Available online at: http://www.wvdnr.gov/Wildlife/Animals.shtm. Accessed December 2014. West Virginia Division of Natural Resources. 2014f. Wildlife Diversity Notebook: Cheat Mountain Salamander. Available online at: http://www.wvdnr.gov/wildlife/magazine/archive/05 Summer/wildlife_diversity_salamander.shtm. Accessed August 2014. West Virginia Division of Natural Resources. 2003b. Stocking. Available online at: http://www.wvdnr.gov/fishing/stocking_info.shtm. Accessed November 2014. West Virginia Mussel Survey Protocol. 2014. Available online at: http://www.wvdnr.gov/ Mussels/West%20Virginia%20Mussel%20Survey%20Protocols%20March%202014.pdf . Accessed December 2014. West Virginia Natural Heritage Program. 2015. Geographic Information System (GIS) data. West Virginia Department of Natural Resources, Elkins, West Virginia. Data use agreement dated March 11, 2015. Whitaker, O.J. and W.J.J. Hamilton. 1998. Mammals of the Eastern United States. 3rd ed. Cornell University Press, Ithaca, NY. Wolter, F., S. Capel, D. Pashley, S. Heath. 2008. Managing Land in the Piedmont in Virginia for the Benefit of Birds and Other Wildlife. Second edition. 28 pp. World Wildlife. 2014. Appalachian-Blue Ridge forests. Available at https://www.worldwildlife .org/ecoregions/na0403. Accessed November 2014. 3-123 ATLANTIC COAST PIPELINE, LLC ATLANTIC COAST PIPELINE and DOMINION TRANSMISSION, INC. SUPPLY HEADER PROJECT Resource Report 3 Fish, Wildlife, and Vegetation APPENDIX 3A Vegetative Communities and Sub-Communities Within the Atlantic Coast Pipeline and Supply Header Projects Resource Report 3 Fish, Wildlife, and Vegetation TABLE 3A Vegetative Communities and Sub-Communities Within the Atlantic Coast Pipeline and Supply Header Projects Vegetation Community Western Allegheny Plateau Central Appalachians Ridge and Valley Habitat Type/SubCommunity Common Plant Species Project(s) Shale, sandstone, limestone, coal, soils abundant in aluminum and iron Mixed mesophytic forests, white oak (Pinus strobus) and red oak (Quercus rubra) ACP and SHP Permian Hills More rugged, forested and cooler, alfisols, shale, siltstone, limestone, sandstone, coal, upland topsoil Mixed mesophytic forests, white oak, red oak, ACP and SHP Pittsburgh Low Plateau Uplands with narrow and shallow valleys, mines, shale, siltstone Appalachian oak forests, some mesophytic forests SHP Forested Hills and Mountains Sandstone, shale, siltstone, coal, more rugged and steep Mixed mesophytic forests, mixed oak, red maple (Acer rubrum) ACP Northern Sandstone Ridges Steep and high ridges, forests, narrow crests, high gradient streams, sandstone, shale, siltstone White oak, red oak, oakhickory-pine; hickory, longleaf pine (Pinus palustris), shortleaf pine (Pinus echinata), loblolly pine (Pinus taeda), post oak (Quercus stellata) ACP Rolling valleys and low hills, shale, siltstone, fine-grained sandstone, larger streams White oak, red oak, hickory, longleaf pine, shortleaf pine, loblolly pine, post oak ACP Broken ridges, sedimentary rocks (siltstones), inceptisols White oak, red oak, hickory, longleaf pine, shortleaf pine, loblolly pine, post oak, eastern red cedar (Juniperus virginiana), Virginia pine (Pinus virginiana), chestnut oak (Quercus prinus), hawthorn, Allegheny plum (Prunus alleghaniensis), huckleberry, mountain parsley (Pseudocymopterus montanus), moss pink (Phlox subulata), barrens ragwort (Senecio antennariifolius), birdfoot violet (Viola pedata), Kate's mountain clover (Trifolium virginicum) ACP Calcareous shale bedrock, dolomite, limestone, flat, decreased water drainage Appalachian oak forests, oakhickory/pine forests Northern Igneous Ridges Ridges with high gaps and coves, steep White oak, red oak Northern Sedimentary and Metasedimentary Ridges Steep-slope ridges, deep and narrow valleys, soils with low fertility, acidic soils White oak, red oak Monongahela Transition Zone Northern Shale Valleys Northern Dissected Ridges and Knobs Northern Limestone/Dolomite Valleys Blue Ridge General Characteristics 3A-1 ACP Resource Report 3 Fish, Wildlife, and Vegetation TABLE 3A (cont’d) Vegetative Communities and Sub-Communities Within the Atlantic Coast Pipeline and Supply Header Projects Vegetation Community Habitat Type/SubCommunity Northern Piedmont Piedmont General Characteristics Common Plant Species Piedmont Uplands Rounded hills, low ridges, narrow valleys, high stream gradients White oak, red oak, some mixed mesophytic forests, chestnut oak, hemlock, beech, sugar maple (Acer saccarum), basswood, greenbrier, prairie grasses, prairie dropseed (Sporobolus heterolepis), pitch pine (Pinus rigida) ACP Northern Inner Piedmont Hilly, irregular plains, dissected upland with ridges and mountains, ultisols, clay-rich, stream gradients low to moderate Hickory, shortleaf pine, loblolly pine, white oak, post oak, chestnut oak ACP Mesozoic sediment deposits, red rocks, coal, igneous dikes, wider floodplains Lizard's tail (Saururus cernuus), oak-dominated bottomlands ACP Flat, finer soils than 65c, agricultural, several swampy or wet bays Longleaf pine-turkey oak, evergreen shrubs, rosemary (Rosmarinus officinalis), woody mints ACP Sedimentary rock, hilly, swampy, pools, cascades, sand silt, clay and gravel soils Hickory, longleaf pine, shortleaf pine, loblolly pine, white oak, post oak. ACP Southeastern Floodplains and Low Terraces Large rivers, ponds, swamps, lakes, important wildlife corridors, alfisols and entisols Bald cypress (Taxodium distichum), water tupelo (Nyssa aquatica), oak bottomland hardwoods, water oak (Quercus nigra), elm, pecan (Carya illinoinensis) ACP Carolina Flatwoods Larger uplands, poorly drained soils, fine to coarse-loamy soils with nutrient depletion (phosphorus), freshwater marshes Pine flatwoods, pine savannas, pond pine woodlands, loblolly pine ACP Chesapeake-Pamlico Lowlands and Tidal Marshes Lowest elevation, plains, valleys, seasonally wet soils, brackish and fresh streams, a lot of cropland Oak-hickory-pine, northern cordgrass, sweetgum (Liquidambar styraciflua), red maple, tulip poplar (Liriodendron tulipifera), sycamore (Plantanus occidentalis), birch, ironwood (Ostrya virginiana) ACP Swamps and Peatlands Humid, saturated, anoxic soils, organic matter, high water tables Atlantic white cedar (Chamaecyparis thyoides), stunted trees, sphagnums, other mosses ACP Mid-Atlantic Flatwoods Poorly drained soils, artificial drainage near agricultural lands, clay and sandy soils Less longleaf pine, oakhickory-pine, oak-gumcypress, evergreen forests, mix of different grasses ACP Triassic Basins Southeastern Plains Atlantic Southern Loam Plains Rolling Coastal Plain Mid-Atlantic Coastal Plain ____________________ Source: EPA, 2010 3A-2 Project(s) ATLANTIC COAST PIPELINE, LLC ATLANTIC COAST PIPELINE and DOMINION TRANSMISSION, INC. SUPPLY HEADER PROJECT Resource Report 3 Fish, Wildlife, and Vegetation APPENDIX 3B Federally Listed Species Potentially Occurring Within the Vicinity of the Atlantic Coast Pipeline and Supply Header Projects TABLE 3B-1 Federally Listed Species Potentially Occurring Within the Vicinity of the Atlantic Coast Pipeline Counties with Potential Occurrence Survey Type Common Name (Scientific Name) Status a Amphibian Cheat Mountain Salamander (Plethodon nettingi) T Bird Red-cockaded Woodpecker (Picoides borealis) E All Counties Crossed Bird Wood Stork (Mycteria Americana) E Sampson Presence/Absence Survey Survey for nests (Helicopter) and activity verification Fish Atlantic Sturgeon e (Acipenser oxyrinchus oxyrinchus) E Northampton and Halifax Survey not anticipated Fish Cape Fear Shiner (Notropis mekistocholas) E Cape Fear River Drainage Survey not anticipated (Pending confirmation from FWS) Fish Roanoke Logperch (Percina rex) E Fish Shortnose Sturgeon e (Cipenser brevirostrum) E Freshwater Mussel Clubshell (Pleurobema clava) E Freshwater Mussel Dwarf Wedgemussel (Alasmidonta heterodon) E Freshwater Mussel James Spinymussel (Pleurobema collina) E Freshwater Mussel Snuffbox (Epioblasma triquetra) E Species Type NC VA WV NC VA Pocahontas and Randolph Southampton, Suffolk Presence/Absence Survey (Helicopter) Habitat Assessment Survey for cavity trees 3B-1 Brunswick, Dinwiddie, Greensville, Nottoway, and Southampton Presence/Absence Survey (Helicopter) Habitat Assessment Survey for cavity trees Habitat Assessment Occupancy Surveys (if needed) Survey not anticipated Downstream occurrences in adjacent Bladen County Occupancy Surveys Lewis, Harrison, and Upshur Halifax, Johnston, and Nash WV Habitat Assessment Occupancy Surveys Brunswick, Dinwiddie, and Nottoway Habitat Assessment (pending weather) Occupancy Surveys (if needed) Highland, Buckingham, Cumberland, and Nelson Habitat Assessment (pending weather) Occupancy Surveys (if needed) Habitat Assessment (pending weather) Occupancy Surveys (if needed) Lewis, Harrison, and Upshur Occupancy Surveys TABLE 3B-1 (cont’d) Federally Listed Species Potentially Occurring Within the Vicinity of the Atlantic Coast Pipeline Counties with Potential Occurrence Common Name (Scientific Name) Status a NC VA Freshwater Mussel Tar River Spinymussel (Elliptio steinstansana) E Halifax, Johnston, and Nash Dinwiddie Invertebrate Madison Cave Isopod (Antrolana lira) T Invertebrate Saint Francis’ Satyr (Neonympha mitchellii francisci) E Mammal Indiana Bat (Myotis sodalis) E Mammal Northern Long-eared Bat (Myotis septentrionalis) T Mammal Virginia Big-eared Bat (Corynorhinus townsendii virginianus) E Plant American Chaffseed (Schwalba americana) E Plant Eastern Prairie Fringed Orchid (Platanthera leucophaea) T Plant Michaux’s Sumac (Rhus michauxii) E Plant Northeastern Bulrush (Scirpus ancistrochaetus) E Species Type Survey Type WV NC VA Habitat Assessment (pending weather) Occupancy Surveys (if needed) Habitat Assessment (pending weather) Occupancy Surveys (if needed) Identification of karst topography Augusta Cumberland 3B-2 All Counties Crossed Cumberland Survey not anticipated (Pending confirmation from FWS) Highland, Augusta, and Cumberland All Counties Crossed All Counties Crossed All Counties Crossed Highland Randolph Greensville Augusta Cumberland, Robeson, Johnston, and Wilson WV Brunswick, Dinwiddie, and Nottoway Augusta and Highland Presence/Absence Surveys Hibernacula Assessment Surveys Presence/Absence Surveys Hibernacula Assessment Surveys Presence/Absence Surveys Pending consultation with FWS Presence/Absence Surveys Pending consultation with FWS Presence/Absence Surveys Pending consultation with FWS Presence/Absence Surveys Hibernacula Assessment Surveys Presence/Absence Surveys Hibernacula Assessment Surveys Presence/Absence Surveys Presence/Absence Surveys Presence/Absence Surveys Presence/Absence Surveys Identification of Roost Trees Presence/Absence Surveys Hibernacula Assessment Surveys Identification of Roost Trees Presence/Absence Surveys Hibernacula Assessment Surveys Presence/Absence Surveys Hibernacula Assessment Surveys TABLE 3B-1 (cont’d) Federally Listed Species Potentially Occurring Within the Vicinity of the Atlantic Coast Pipeline Counties with Potential Occurrence Common Name (Scientific Name) Status a NC Plant Pondberry (Lindera melissifolia) E Cumberland and Sampson Plant Rough-leaved Loosestrife (Lysimachia asperulifolia) E Cumberland Plant Running Buffalo Clover (Trifolium stoloniferum) E Plant Shale Barren Rock Cress (Boechera serotina) E Augusta and Highland Plant Small Whorled Pogonia (Isotria medeoloides) T Species likely extirpated Plant Swamp Pink (Helonias bullata) Virginia Sneezeweed (Helenium virginicum) Virginia Spirea (Spiraea virginiana) T Augusta and Nelson Augusta Species Type 3B-3 Plant Plant T T ____________________ a Federal species listing abbreviations - (E) Endangered, (T) Threatened VA Survey Type WV NC VA WV Presence/Absence Surveys Pending consultation with FWS Presence/Absence Surveys Pending consultation with FWS Pocahontas, Upshur, and Randolph Presence/Absence Surveys Presence/Absence Surveys Randolph Pocahontas and Upshur Presence/Absence Surveys Pending consultation with FWS Presence/Absence Surveys Presence/Absence Surveys Survey not anticipated (Pending confirmation from FWS) Presence/Absence Surveys Presence/Absence Surveys TABLE 3B-2 Federally Listed Species Potentially Occurring Within the Vicinity of the Supply Header Project Species Type Common Name (Scientific Name) Counties With Potential Occurrence Status a PA WV Survey Type PA WV Freshwater Mussel Clubshell (Pleurobema clava) E All counties containing perennial waterbodies Habitat Assessment (pending weather) Occupancy Surveys (if needed) Freshwater Mussel Snuffbox (Epioblasma triquetra) E All counties containing perennial waterbodies Habitat Assessment (pending weather) Occupancy Surveys (if needed) Mammal Indiana Bat (Myotis sodalis) E All Counties Crossed All Counties Crossed Presence/Absence Surveys Hibernacula Assessment Surveys Identification of Roost Trees Presence/Absence Surveys Hibernacula Assessment Surveys Mammal Northern Long-eared Bat (Myotis septentrionalis) T All Counties Crossed All Counties Crossed Presence/Absence Surveys Hibernacula Assessment Surveys Identification of Roost Trees Presence/Absence Surveys Hibernacula Assessment Surveys Plant Virginia Spirea (Spiraea virginiana) T Doddridge ____________________ a Federal species listing abbreviations – (E) Endangered, (T) Threatened 3B-4 Presence/Absence Surveys ATLANTIC COAST PIPELINE, LLC ATLANTIC COAST PIPELINE and DOMINION TRANSMISSION, INC. SUPPLY HEADER PROJECT Resource Report 3 Fish, Wildlife, and Vegetation APPENDIX 3C Migratory Birds of Conservation Concern Within the Vicinity of the Atlantic Coast Pipeline and Supply Header Projects TABLE 3C Migratory Birds of Conservation Concern Within the Vicinity of the Atlantic Coast Pipeline and Supply Header Projects Atlantic Coast Pipeline Common Name (Scientific name) BCR Region Listed In Nesting Habitat West Virginia Supply Header Project Virginia North Carolina American Bittern (Botaurus lentiginos) 27 Freshwater marshes with tall vegetation. Xa Xa American Kestrel (Falco sparverius Paulus) 27 Longleaf pine sandhills. X X American Oystercatcher (Haematopus palliates) 27 Beaches, dunes, marsh islands. X 27, 29 Pine forests with grassy floors. Bachman's Sparrow (Aimophila) aestivalis Pennsylvania West Virginia X X X Bald Eagle (Haliaeetus leucocephalus) 27, 28, 29 Forested areas adjacent to large bodies of water. X X X Black-billed Cuckoo (Coccyzus erythropthalmus) None project crosses Woodlands and thickets. X X X X Black-capped Chickadee (Poecile carolinensis) 28 Deciduous and mixed forests, swamps, riparian areas, and open woods and parks. X X X X Black Rail (Laterallus jamaicensis) 27, 29 High portions of shallow freshwater marshes, wet meadows, and flooded grassy vegetation. X X X Black Skimmer (Rynchops niger) 27 Beaches, dredge deposition islands, saltmarshes, and gravelbars. X Black-throated Green Warbler (Setophaga virens) 27 Transitional coniferousdeciduous forest. X Blue-winged Warbler (Vermivora cyanoptera) 27, 28, 29 Forest/field edges, often near abandoned farmland and forest clearings. Brown-headed Nuthatch (Sitta pusilla) 27, 29 Pine forests of comprised of longleaf and slash pines where natural fire patterns have been maintained. Canada Warbler (Cardellina Canadensis) 28 Moist forests with a welldeveloped shrub layer, swamps, and streamside thickets. X X 27, 28, 29 Forests with tall deciduous trees and open understory, such as wet bottomlands and dry slopes. X X X X X Xa Cerulean Warbler (Setophaga cerulean) Chuck-will's-widow (Antrostomus carolinensis) Fox Sparrow (Passerella liaca) Golden-winged Warbler (Columbina passerine) X X X 27 Pine, oak-hickory, and other forests often with canopy openings. None project crosses Thickets and chapparal. Xa Xa Regenerating clear-cuts, wet thickets, tamarack bogs, and aspen or willow stands. X X 28 3C-1 X X X X Xa Xa X TABLE 3C (cont’d) Migratory Birds of Conservation Concern Within the Vicinity of the Atlantic Coast Pipeline and Supply Header Projects Atlantic Coast Pipeline Common Name (Scientific name) Gull-billed Tern (Gelochelidon nilotica) Henslow's Sparrow (Ammodramus henslowii) BCR Region Listed In 27 27, 28, 29 West Virginia Nesting Habitat Gravelly or sandy beaches. Virginia Supply Header Project North Carolina Pennsylvania West Virginia X X X X Large, flat fields with no woody plants, and with tall, dense grass. Xa Hudsonian Godwit (Limosa haemastica) None project crosses Kentucky Warbler (Geothlypis Formosa) 27, 28, 29 Hardwood forests with thick understory. X X X X X Least Bittern (Ixobrychus exilis) 27 Freshwater or brackish marshes with tall vegetation. X X X X X Least Tern (Sternula antillarum) 27 Beaches and lakes and rivers with gravel or sand bars. X None project crosses Open boreal forests with shallow wetlands. Xa Loggerhead Shrike (Lanius ludovicianus) 27, 28, 29 Short grass with isolated trees or shrubs, especially pastureland. X Louisiana Waterthrush (Parkesia motacilla) 28 Breeds along gravelbottomed streams flowing through hilly, deciduous forest. X X Marbled Godwit (Limosa fedoa) 27 Marshes and flooded plains. X X X X X X Lesser Yellowlegs (Tringa flavipes) Mississippi Kite (Ictinia mississippiensis) Grassy tundra. X X X Xa None project crosses Riverine forest, and open woodland. Nelson's Sharp-tailed Sparrow (Ammodramus nelsoni) 27 Freshwater marshes and wet meadows. Northern Saw-whet Owl (Aegolius acadicus) 28 Various forested habitats and most closely associated with conifer and mixed conifer/hardwood forests. 27, 28, 29 Cliffs, manmade objects, such as transmission towers, silos, and bridges. None project crosses Seasonal or permanent ponds with dense stands of emergent vegetation, bays and sloughs. X X Prairie Warbler (Setophaga discolor) 27, 28, 29 Various shrubby habitats including southern pine forest, pine and scrub oak barrens, and regenerating forest. X X X Prothonotary Warbler (Protonotaria citrea) 27 Wooded swamps and other bottomland forests. X X Low tundra and gravel beaches along rivers. Xa Peregrine Falcon (Falco peregrinus) Pied-billed Grebe (Podilymbus podiceps) Purple Sandpiper (Calidris maritima) None project crosses 3C-2 X Xa X X Xa Xa TABLE 3C (cont’d) Migratory Birds of Conservation Concern Within the Vicinity of the Atlantic Coast Pipeline and Supply Header Projects Atlantic Coast Pipeline Common Name (Scientific name) Red Crossbill (Loxia curvirostra) Red-headed Woodpecker (Melanerpes erythrocephalus) BCR Region Listed In 28 27, 28 West Virginia Virginia Mature coniferous forests. X X Deciduous woodlands often with groves of dead or dying trees. X X Nesting Habitat 27 Rusty Blackbird (Euphagus carolinus) 27, 28, 29 Wet forests. Saltmarsh Sparrow (Ammodramus caudacutus) 27 Salt marshes. X Seaside Sparrow (Ammodramus maritimus) 27 Salt marshes. X Dry tundra areas. Dense tall sedges and grasses in wet meadows, hayfields, and marshes. Xa Xa Xa Sedge Wren (Cistothorus platensis) 27, 28, 29 Short-billed Dowitcher (Limnodromus griseus) 27 Muskegs of taiga to timberline. Short-eared Owl (Asio flammeus) 29 Open country, including prairies, meadows, marshes, and open woodland. Swainson's Warbler (Limnothlypis swainsonii) Pennsylvania West Virginia X X X X Xa Xa Xa Red Knot (Calidris canutus rufa) Snowy Egret (Egretta thula) Supply Header Project North Carolina Xa Xa Xa None project crosses Thick vegetation in isolated places such as dredge-spoil islands, swamps, and marshes. X 27, 28, 29 Southern forests with thick undergrowth. X Xa Xa Xa X Upland Sandpiper (Bartramia longicauda) 27, 28 Native prairie and other dry grasslands. X Wood Thrush (Hylocichla mustelina) 27, 28, 29 Mature deciduous and mixed forests. X X X X X Worm-eating Warbler (Helmitheros vermivorum) 28 Mature deciduous or mixed deciduousconiferous forest with patches of dense understory. X X X X X Yellow-bellied Sapsucker (Sphyrapicus varius) 28 Various forested habitats and often young forests with edge habitat, especially areas regenerating from timber harvesting. X X Yellow Rail (Coturnicops noveboracensis) 27 Shallow marshes and wet meadows. Xa ____________________ Notes: a Species does not breed in state; wintering or migrating populations only. Source: IPaC October 2014 3C-3 Xa