Report_1_NEPA.pdf

Categorical Exclusion Form Chincoteague National Wildlife Refuge

Accomack County, VA

Project: FW-CHN 10(1) Date: June 11, 2014

Environmental Commitments:

1. The federally endangered Delmarva Peninsula fox squirrel (Sciurus niger cinereus) is known to occur in the project vicinity. To avoid adverse effects to this species, tree removal will be performed by Chincoteague National Wildlife Refuge (Refuge) staff.

2. Construction crews will be educated about the Delmarva fox squirrel. All truck and heavy equipment operators will be told to drive slowly to avoid accidental mortality (road kill) of the fox squirrel.

3. During construction, the project area will be monitored for the diamondback terrapin (Malaclemys terrapin), a Virginia Species of Greatest Conservation Need. Any turtles encountered will be relocated outside of the project area, if necessary.

4. If human remains, funerary objects and/or Native American artifacts are discovered during the ground disturbance phase of the project, the federally-recognized tribes contacted during Section 106 consultation will be notified.

Project description, including location:

The Federal Highway Administration (FHWA), Eastern Federal Lands Highway Division, in cooperation with the U.S. Fish and Wildlife Service (USFWS), proposes to rehabilitate Beach Access Road and several associated parking areas in the Chincoteague National Wildlife Refuge, located in Accomack County, Virginia. The proposed work would include:

• Mill and overlay of 2.1 miles of Beach Access Road and adjacent pull-offs, Assateague Lighthouse Parking Area, and Woodland Trail Parking Area;

• Minor widening of asphalt pavement at turns into driveways and parking areas, where vehicles have been driving off the roadway;

• Construction of an approximately 12’ x 18’ concrete pad at the Assateague Lighthouse Parking Lot for two existing bicycle racks;

• Widening of a curve inside the Woodland Trail Parking Lot and construction of a bus pull-off area;

• Replacement of an existing water control structure and headwall located along Beach Access Road;

• Resurfacing a section of the crusher run gravel bicycle trail (in the vicinity of the Pony Viewing Area), either with crusher run gravel, or with permeable asphalt; and

• Other miscellaneous work, such as ditch reconditioning, striping and signage.

Describe the category used to exclude the action from further NEPA:

23 CFR 771.117 (d)(1) Modernization of a highway by resurfacing, restoration, rehabilitation, reconstruction, adding shoulders, or adding auxiliary lanes (e.g., parking, weaving, turning, climbing).

Describe any public or agency involvement effort conducted:

Section 7 of the Endangered Species Act

In letters dated January 31, 2013, the FHWA requested review of the proposed project by the Virginia Department of Conservation and Recreation Division of Natural Heritage (DNH) and the USFWS Virginia Ecological Services Field Office (VESFO), and requested their comments regarding measure that could be taken to avoid and minimize potential adverse effects to protected species.

In a letter dated March 1, 2013, the DNH stated that the Delmarva fox squirrel (Sciurus niger cinereus) has been documented in the project area, and recommended that construction crews be educated about the fox squirrel to avoid accidental mortalities due to road kill. DNH also recommended that the FHWA coordinate with the Virginia Department of Game and Inland Fisheries (VDGIF) to ensure compliance with the Virginia Endangered Species Act.

In a letter dated March 29, 2013, the FHWA comments on the proposed project from the

VDGIF.

In a letter dated May 6, 2013, the VDGIF determined that the project would not result in adverse impacts to protected resources, provided strict adherence to their recommendations: Refuge biologists would monitor tree removal work to avoid potential impacts to the Delmarva Peninsula fox squirrel; operators of trucks and heavy equipment would be cautioned to drive slowly to avoid road kills; and USFWS biologists would monitor the work area for diamondback terrapins, and relocate any terrapins encountered to outside the project area if necessary.

In an e-mail dated April 10, 2013, the USFWS Chesapeake Bay Field Office (CBFO) informed the FHWA that environmental review of the proposed project had been assigned to their office, and requested additional information regarding the project’s anticipated start date and when tree-cutting was likely to occur.

In an e-mail dated April 16, 2013, the FHWA responded to the CBFO that project construction was anticipated to begin in 2015, and that tree removal would be performed by the Refuge’s Facility Operations staff, and could be performed at any time required by the CBFO.

In a letter dated May 13, 2013, the FHWA requested concurrence from the CBFO with the determination that the proposed project would have no effect on federally listed, threatened or endangered species.

In an e-mail dated August 30, 2013, the CBFO requested that the FHWA complete a Project Description and Biological Evaluation form, for potential effects to the Delmarva fox squirrel.

In a letter dated September 27, 2013, the FHWA provided a completed Project Description and Biological Evaluation form to the CBFO.

In a letter dated January 30, 2014, the CBFO determined that the proposed project was “not likely to adversely affect” the Delmarva fox squirrel.

Section 106 of the National Historic Preservation Act

In a letter dated March 11, 2014, the FHWA requested concurrence from the Virginia Department of Historic Resources (VDHR) with its determination that no historic properties will be affected by the proposed project.

In letters dated March 11, 2014, the FHWA requested comments on the proposed project from the following federally-recognized tribes: the Absentee Shawnee Tribe of Oklahoma, the Catawba Indian Nation, the Cherokee Nation of Oklahoma, the Eastern Band of Cherokee Indians, the Eastern Shawnee Tribe of Oklahoma, the Shawnee Tribe, the Tuscarora Nation, and the United Keetoowah Band of Cherokee.

In a letter dated March 25, 2014, the Catawba Indian Nation stated that they have no immediate concerns regarding the proposed project, but asked to be notified if Native American artifacts and/or human remains are located.

In an e-mail dated March 27, 2014, the United Keetoowah Band of Cherokee Indians stated that they have no comments or objections to the proposed project at this time. They requested that, if any human remains are inadvertently discovered, all work cease and they be contacted.

In a telephone conversation on April 16, 2014, the Shawnee Tribe stated that they have no concerns regarding the proposed project.

In a telephone conversation on May 27, 2014, the Eastern Shawnee Tribe of Oklahoma stated that they have no interests within Accomack County. However, they asked to be notified if human remains and/or funerary objects are discovered.

In a letter dated June 3, 2014, the VDHR concurred with the FHWA’s determination that no historic properties will be affected by the proposed project.

In a telephone conversation on June 3, 2014, the Tuscarora Nation stated that they have no concerns regarding the proposed project.

Additional e-mails were sent, and voicemail messages were left, with the Absentee Shawnee Tribe of Oklahoma, the Cherokee Nation of Oklahoma, and the Eastern Band of Cherokee Indians. No response has been received. Therefore, it is assumed these tribes have no concerns regarding the proposed project. If comments are received, they will be addressed in compliance with Section 106 of the National Historic Preservation Act.

23 CFR 771.117 Categorical exclusions (CEs) are actions which meet the definition contained in 40 CFR 1508.4, and, based on past experience with similar actions, do not involve significant environmental impacts.

THE PROPOSED ACTION WILL: YES NO

Induce significant impacts to planned growth or land use for the area X

Require the relocation of significant numbers of people X

Have a significant impact on any natural, cultural, recreational, historic, or other resource

X

Involve significant air, noise, or water quality impacts X

Have significant impacts on travel pattern X

Otherwise, either individually or cumulatively have any significant environmental impacts

X

If any box is checked yes, the action may not be categorically excluded and an EA or EIS must be prepared. If none are checked yes, attach Environmental Screening Form, notes from consultation with agencies and/or the public, notes of site visits and any other material related to the environmental impact of the proposal. This becomes the NEPA piece of the statutory compliance file.

Environmental Screening Form

Project: FW-CHN 10(1) Date: June 11, 2014

Yes

No

Don’t Know

1. Described fully in one of the list of categorically excluded actions?

x

2. Consultation with any affected agencies or tribes complete?

3. Site visit completed?

4. Are any significant impacts possible on the following physical, natural, or cultural resources?*

A. Geological resources - soils, bedrock, streambeds, etc.

B. From geohazards?

none

C. Air Quality, Traffic, or from Noise

D. Water Quality or Quantity

E. Streamflow characteristics x

F. Marine or Estuarine Resources

G. Land Use, including agricultural lands

H. Rare or unusual vegetation-old growth timber, riparian, alpine, etc.

I. Species of special concern (plant or animal; state or federal listed or proposed for listing) or their habitat

J. Unique ecosystems, biosphere reserves, World Heritage sites

K. Unique or important wildlife or wildlife habitat

L. Unique or important fish or fish habitat

M. Introduce or promote non-native species (plant or animal)

N. Recreation resources

O. Visitor experience, aesthetic resources

P. Cultural resources, cultural landscape, etc.

Q. Minority and Low Income Populations

R. Socioeconomics

S. Energy Resources

Yes

No

Don’t Know

T. Other agency or tribal land use plans or policies

U. Resource, including energy, conservation potential

V. Urban quality, gateway communities, etc.

W. Long term management of resources or land/resource productivity

* Insert the word “none” in the “no column” if the reason that a resource is not impacted is because the resource is not found in the project area.

This form is meant to be annotated with relevant information, such as notes of site visit, personnel conducting the site visit, agency officials contacted and their responses, etc. A site visit is required to complete this form, and so is required to categorically exclude a project (sec 3-4), prepare an EA or prepare an EIS.

If the answers to questions 1-3 are yes, and all answers to number 4 are no, complete the categorical exclusion checklist. If any of the answers to question 4 are don’t know, complete an EA. If any are answered yes, either a mitigated EA or EIS is required.

Lau, Lana (FHWA)

From: Lisa LaRue-Baker - UKB THPO <ukbthpo-larue@yahoo.com> Sent: Thursday, March 27, 2014 4:25 PM To: Lau, Lana (FHWA) Cc: verna; Ernestine Berry Subject: FW-CHN 10(1), Chincoteague National Wildlife Refuge, Beach Access Road and Parking

Areas

The United Keetoowah Band of Cherokee Indians in Oklahoma has reviewed your project under Section 106 of the NHPA, and at this time, have no comments or objections. However, should any human remains be inadvertently discovered, please cease all work and contact us immediately.

Thank you, Lisa C. Baker Acting THPO United Keetoowah Band of Cherokee Indians in Oklahoma PO Box 746 Tahlequah, OK 74465 c 918.822.1952 ukbthpo-larue@yahoo.com

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The Diamondback

Terrapin:

Virginia’s Coastal Native

The Diamondback

Terrapin:

Virginia’s Coastal Native

Diamondback terrapins (Malaclemys terrapin) get their name from the concentric markings and grooves on their shells. They live exclusively in brackish saltwater marshes, coastal bays and lagoons from Cape Cod, MA, to Corpus Christi, TX. In Virginia, terrapins feed primarily on barnacles, blue crabs, marsh crabs, snails, and mussels.

Diamondback terrapins can live upwards of 40 years. Male and female terrapins are sexually dimorphic, which means that adult males and females are different sizes. Adult females are nearly twice as large as adult males (approxi-mately 12 inches vs. 6 inches shell length).

Terrapins stay in the water though they can be spotted basking along marsh banks.

During the summer, adult females lay eggs on sandy beach areas, up to 3 clutches of eggs per female per season. Unfortunately, terrapin nests and hatchlings often fall victim to predation by raccoons, crows, rats, wading birds, and large fish species.

Diamondback terrapins were once abundant in the Chesapeake Bay, but their populations were decimated through the early 1900s from a commercial harvest to satisfy the demand for turtle soup. The commercial harvest ended by the 1930s due to low population and Prohibition as sherry was another key ingredient of turtle soup.

In Virginia, it is illegal to collect diamondback terrapins for either commercial or personal use (see Virginia Department of Game and Inland Fisheries Nongame regulations at http://www.dgif.virginia.gov/fishing/ regulations/nongame.asp).

With continued habitat loss, injuries and death from collisions with boats, and drowning in crab pots, terrapin populations are under even more pressure to survive.

Alice & Seig Kopinitz

Matthew Wolak

Timothy Russell

Matthew Wolak

Timothy Russell

Scientists agree that the greatest threat to diamondback terrapins, throughout their range, is drowning in crab pots. Male and young female terrapins can enter and then drown in commercial-style crab pots. Why do they go into the pots? Well, terrapins are carnivores, meaning they eat other animals.

They enter because they, too, are attracted to the bait used to lure blue crabs into the pots.

They may also enter out of curiosity or because they are looking for a safe resting place.

Recreational crab pots are typically set in the same locations where males and juvenile female terrapins live - shallow, near-shore waters along creeks and marshes. Once they get into a crab pot, terrapins will eventually drown as they are air-breathing animals.

By attaching a bycatch reduction device (BRD) to each funnel opening, the majority of terrapins and other organisms can be prevented from entering the pot. Studies have shown that while effective at preventing other animals from entering, BRDs have little impact on the size and number of blue crabs found in crab pots.

Please help prevent unnecessary deaths of diamondback terrapin and other animals in your crab pots. By simply attaching BRDs to your crab pots, you can help preserve the diversity of animals within Chesapeake Bay for a healthier system, while still enjoying your blue crab catch.

To learn more about diamondback terrapins, their conservation, and how to make your own BRDs, visit the following websites:

VIMS Webpage

Diamondback Terrapin Working Group

Virginia Department of Game and Inland Fisheries

The Wetlands Institute www.vims.edu/terrapin www.dtwg.org http://www.dgif.virginia.gov/wildlife/ information/?s=030067 http://www.vafwis.org/fwis/booklet.html?

Menu=_.Life+History&bova=03006T www.terrapinconservation.org

BRD

Diane TulipaniDiane Tulipani

Timothy Russell

Timothy Russell Margaret Schrack

January 1998

U.S. Fish & Wildlife Service

Delmarva Peninsula Fox Squirrel Sciurus niger cinereus

Twice the size of the common gray squirrel, the Delmarva Peninsula fox squirrel may grow to 30 inches—with half of that as the tail—and weigh up to 3 pounds. Historically, the fox squirrel lived in the peninsula occupied by portions of Delaware, Maryland, and Virginia and bordered by the Chesapeake Bay and the Delaware River, Delaware Bay, and Atlantic Ocean.

Habitat loss and probably over-hunting at the turn of the century contributed to the marked decline of this fox squirrel subspecies. Clearing forests for agriculture and short-rotation timber production combined to reduce its distribution to less than 10 percent of the original range by the time the Delmarva fox squirrel was listed in 1967 as endangered under the Endangered Species Act.

Decades of conservation work by recovery partners have reversed the status of the squirrel. Its populations are now increasing.

Description, Habitat, and Behavior The largest of all the tree squirrels, the Delmarva Peninsula fox squirrel has silver to whitish-gray slate hair and an unusually full, fluffy tail and white belly. The squirrel’s coat varies in color from frosty silver-gray to almost black.

The Delmarva fox squirrel lives in mature forests of mixed hardwoods and pines with a closed canopy and open understory. Although it is a forest animal, the squirrel spends considerable time on the ground foraging for food, typically in woodlots of mixed loblolly pine and hardwoods such as oak, maple, hickory, walnut, and beech— trees that provide food including nuts and seeds. The squirrel will also take food from farm fields. Feeding on tree buds and flowers during the spring, the squirrel will also eat fungi, insects, fruit, and seeds. In the summer and early fall, the squirrel enjoys eating mature, green pine cones. The animal generally lives in woodlands associated with farmland areas—not typically in suburban settings.

Less agile than the common gray squirrel, the Delmarva fox squirrel often ambles along the forest floor rather than leaping from branch to branch. The animal usually avoids confrontations by running away rather than climbing a tree but will do so to avoid a predator. The fox squirrel is also quieter than the gray squirrel. The home range of the fox squirrel varies, but averages about 40 acres.

The Delmarva fox squirrel may nest in tree cavities or build a leaf nest.

Squirrels mate in late winter and early spring. About 44 days later in

February and March as many as four young are born. Females may give birth to two litters per year. They raise the young by themselves.

Imperiled Population By the early 1900s, the range of the Delmarva fox squirrel was reduced to the Eastern Shore of Maryland.

Current threats include predators, such as red and gray foxes, and eagles and other raptors, such as great horned owls. Accidental deaths by vehicles also occur.

When the U.S. Fish and Wildlife Service provided it with Endangered Species Act protection, the squirrel occupied only four counties in Maryland—Kent, Queen Anne’s, Talbot, and Dorchester. Thanks to reintroduction efforts by the Service, Maryland Department of Natural Resources, the Delaware Natural Heritage Program, and the Virginia Department of Game and Inland

C ou rt es y of t he

D el aw ar e N at ur al H er it ag e

P ro gr am

Delmarva Peninsula fox squirrel caught on a motion-triggered camera.

Fisheries, the squirrel can now be found in Delaware and Virginia and in all counties on the Eastern Shore of Maryland except Cecil.

Recovery Efforts Habitat protection for the Delmarva Peninsula fox squirrel began in 1945 when the Maryland Department of Natural Resources bought LeCompte Wildlife Management Area in Dorchester County. Legal hunting for the squirrel was banned in 1971.

Following the endangered listing, the Delmarva Peninsula Fox Squirrel Recovery Team began coordinating State and Federal conservation efforts. A major focus has been to increase the population size and distribution of this species through a reintroduction program to re-establish the squirrel throughout its range.

Of 16 reintroductions in Maryland, Delaware, Virginia, and Pennsylvania, 11 are succeeding more than a decade later. Much of the habitat now occupied is privately owned land. Fortunately, the Delmarva fox squirrel can thrive in a landscape that is managed for farming and sustainable timber harvest. Farmers can provide prime habitat by leaving uncut corn or soybeans along hedgerows for the squirrels’ winter food. Developers can leave woodlot trees that produce nuts, seeds, and berries and can provide corridors from one woodlot to

U.S. Fish and Wildlife Service Endangered Species Program 4401 N. Fairfax Drive, Room 420 Arlington, VA 22203 703-358-2390 http://www.fws.gov/endangered/

U.S. Fish and Wildlife Service Northeast Region 300 Westgate Center Drive Hadley, MA 01035 413-253-8615 http://www.fws.gov/northeast/

February 2008 monitor the population and tag new animals to help determine their long-term presence.

Where Can You See a Delmarva Fox Squirrel?

To see a Delmarva fox squirrel and learn more about this unique resident of the Delmarva Peninsula, visit any of the following National Wildlife Refuges in the area: Chesapeake Marshlands Complex (Dorchester County, MD), Chincoteague (Accomack County, Virginia), and Prime Hook (Sussex County, DE).

Also, be on the look-out in the woods and field edges throughout its range.

another. Developers can also help fox squirrels by leaving buffers of trees and hedgerows between streams and development.

The Delmarva Peninsula fox squirrel receives additional protection under the Chesapeake Bay Critical Area Law of 1984, which requires endangered species habitat protection within critical areas —that is, 1000 feet landward of low mean high tide.

Monitoring One of the principal criteria of the species’ recovery is the stability or expansion of Delmarva Peninsula fox squirrel populations. The range is expanding.

The animals are now found in new areas. Their distribution is determined by the locations where they have been observed, trapped, found in next boxes, or photographed.

Motion-triggered cameras offer a new monitoring technique that enables evidence of their presence without the time and effort of trapping. Another technique under development is “hair-catching” at stations that can be baited and placed in the forest. Samples collected can be analyzed for their DNA. Research has determined that scientists can distinguish Delmarva fox squirrel hair from that of the gray squirrel.

Chincoteague National Wildlife Refuge From 1969 to 1971, biologists relocated 30 Delmarva Peninsula fox squirrels to Chincoteague National Wildlife Refuge and released them in habitat surrounding the historic Assateague Lighthouse. Since then the population of squirrels at the Refuge has reached 300 to 350, with new populations dispersing on their own throughout the southern portion.

Refuge biologists conduct an annual fox squirrel nesting box check to

P ho to b y M

. S im on , M ar yl an d

E nv ir on m en ta l S er vi ce http://www.fws.gov/endangered http://www.fws.gov/northeast