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Home My WebLink About03-20 Exhibit A - Protected Species Review PREPARED FOR: Urban Grid Foxglove Solar Protected Species Review August 2018 Prepared By: 1001 Boulders Parkway, Suite 300 Richmond, Virginia 23225 Phone: 804.200.6500 Fax: 804.560.1648 www.Timmons.com Timmons Group Project No. 41147 Urban Grid Timmons Group: PN 41147 Foxglov Solar – Protected Species Review August 2018 Page 1 FOXGLOVE SOLAR – PROTECTED SPECIES REVIEW TABLE OF CONTENTS 1 Introduction and Background Information ................................................................... 1 2 Protected Species Analysis ............................................................................................ 2 3 Conclusions .................................................................................................................. 5 Attachments Attachment 1 – USFWS IPaC Search Documents Attachment 2 – VDGIF IPA Search Documents and Maps Attachment 3 – VDGIF WERMS Map Attachment 4 – CCB Eagles Nest Locator Map & USFWS Bald Eagle Concentration Areas Map Attachment 5 – VDGIF Northern Long Eared Bat Search Map Attachment 6 – DCR-DNH Database Search Documents Attachment 7 – DCR Project Review Comments (will send this attachment when received) 1 Introduction and Background Information Timmons Group has completed a preliminary desktop evaluation to identify known occurrences and habitat of state and federally protected species at the Foxglove Solar site (Site), including federally and stated threatened and endangered (T&E) species. This updated review includes the additional study limit update that occurred in August 2018. This evaluation satisfies the Permit by Rule regulation requirements related to the analysis of wildlife as outlined in 9VAC15-60-40 A.1 and 2. This evaluation included queries of the following databases:  U.S. Fish and Wildlife Service (USFWS) Information for Planning and Conservation search (IPaC) – provides a list of unofficial federal T&E species within the project limits  USFWS Bald Eagle Concentration Areas mapping tool  The Center for Conservation Biology (CCB) Eagles Nest Locator  The Virginia Department of Game and Inland Fisheries (VDGIF) Virginia Fish and Wildlife Information Services (VaFWIS), Initial Project Assessment (IPA) – includes a search within the project limits and areas within a two (2) mile radius of the project limits, per VDGIF’s IPA recommendations Urban Grid Timmons Group: PN 41237 Foxglove Solar – Protected Species Review August 2018 Page 2  VDGIF Wildlife Environmental Review Map Service (WERMS) – An ArcGIS based mapping tool which contains maps, features, and geodata services on critical wildlife resources including both federal and state protected species.  VDGIF Northern Long-eared Bat (NLEB) mapping tool – provides locations of known hibernaculum and roost trees for these protected species in Virginia  Virginia Department of Conservation and Recreation-Department of Natural Heritage (DCR-DNH) watershed search - database for threatened or endangered species known to occur anywhere in the Cedar Creek-Meadow Brook Subwatershed (HUC 02070006 PS75) Project specific comments were also solicited from DCR through their Project Review process to assess the potential impacts of the project on natural heritage resources, including protected plant and insect species. All database results and correspondence are provided in the attached enclosures. Please note that the database search results presented in this report are considered valid for a period of up to 6 months. After this time, the searches are considered out of date and need to be re- evaluated. 2 Protected Species Analysis Based upon the results of the database findings, five (6) protected species have known occurrence and/or the potential to exist within the vicinity of the Site. These species include two (2) federally endangered/state endangered species (FESE), one (1) federally threatened/state threatened (FTST) species, two (2) state endangered species, and one (1) state threatened (ST) species. Details for each of these species, including habitat requirements and potential project impacts are summarized in Table 1: Protected Species Occurrences. Other Notable Species A search of known Bald Eagle nest locations/concentration areas utilizing the William and Mary Center for Conservation Biology (CCB) website and USFWS Bald Eagle Concentration Areas mapping tool indicate there are no known Bald Eagle nests or concentration areas located within 2 miles of the project boundary. Therefore, the Project will not likely affect this protected species and additional agency coordination is not anticipated. In addition, project specific comments received from the Department of Conservation and Recreation (DCR) may mention other protected species. A request for a 30-day turn around Project Review Comments was submitted on 8/24/2018. Those comments will be provided in an addendum report, once received from DCR. Table 1: Protected Species Occurrences. Urban Grid Timmons Group: PN 41147 Foxglove Solar – Protected Species Review August 2018 Page 3 Common Name Scientific Name Species / Habitat Description T&E Status* Agency Search‡ Conclusions/Recommendations Indiana Bat Myotis sodalist Mammal-Hibernating Bat / Over-winter hibernates in mountain caves. In summer they are found along riparian woodlands. Typically nests under loose bark of large snags. FESE USFWS USFWS suggests this species could potentially be affected by activities at this location. However, based on DGIF’s review, this species has not been observed within the project boundaries or within the 2 -mile buffer around the site. Agency coordination will likely be required if state or federal permits are needed, or if project related tree clearing is proposed. Potential TOYR: No significant tree removal at project site from Apr 15 – Sep 15; No significant tree removal within 5 miles of hibernacula from Apr 1 - Nov 15 Harperella Ptilimnium nodosum Vascular Plant/ Typically found in seasonally inundated and frequently flooded rock outcrops. FESE USFWS Based upon a review of available information (Digital Atlas of VA and USDA Plant Atlas), Harperella has never been document or identified in Fredrick County. Therefore, we do not expect to find this species on Site. However, agency coordination will likely be required if state or federal permits are needed. Northern Long- ear Bat (NLEB) Myotis septentrionalis Mammal-Hibernating Bat / Over-winter hibernates in mountain caves. Typically roosts underneath bark, or in cavities of both live trees and snags FTST USFWS Based upon a review of available information there are no known maternity roosts or hibernacula located within or near the Project. Therefore, the Project will not likely be affected by this species as outlined in the USFWS NLEB Final 4(d) Rule. However, agency coordination may be required regarding project related tree clearing. Appalachian Springsnail Fontigens bottimeri Freshwater Snail / Previously identified in cave streams and in small springs SE DGIF DCR-DNH Subwatershed search DGIF and the DCR subwatershed search both indicate this species may be affected by activities occurring on this Site. Confirmed observations of this species have been noted in several stream reaches both onsite and within the 2-mile buffer. Agency coordination will likely be required if federal or state permits are needed. Little Brown Bat Myotis lucifugus Roost/dwell in caves, trees, rocks, buildings, under bridges, in mines and tunnels mainly in forested regions. SE DGIF Although there have been two confirmed observations within the 2-mile buffer surrounding the site, there were no observations onsite and there are no known maternity roosts or hibernacula located within or near the site, based upon review of available database information. Therefore, the project will not likely be affected by this species, but agency coordination will be required to confirm. Table 1: Protected Species Occurrences. Urban Grid Timmons Group: PN 41147 Foxglove Solar – Protected Species Review August 2018 Page 4 *F=Federally, S=State, T=Threatened, E=Endangered. ‡VDGIF= Virginia Department of Game and Inland Fisheries, DCR = Department of Conservation and Recreation-Department of Natural Heritage, USFWS= US Fish and Wildlife Service Wood Turtle Glyptemys insculpta Reptile/ Aquatic turtle living in and around perennial streams, roaming in riparian woodlands ST DGIF DCR-DNH Subwatershed search DGIF and the DCR subwatershed search both indicate this species may be affected by activities occurring on this Site. Confirmed observations of this species have been noted in several stream reaches both onsite and within the 2-mile buffer. Agency coordination will likely be required if federal or state permits are needed. Potential TOYR: For instream work: Oct 1 – March 31; For work within 900 feet of stream (zone of concern): April 1 – Sept 30. Maintain undisturbed naturally vegetated buffer of at least 300 feet on stream. Urban Grid Timmons Group: PN 41147 Foxglove Solar – Protected Species Review August 2018 Page 5 3 Conclusions Based upon the results of this evaluation, official agency comment and/or coordination regarding protected species will be required if federal and/or state permits are needed for the development of this Site. Protected species of concern for this site are the Indiana Bat (Myotis sodalist), Appalachian Springsnail (Fontigens bottimeri), and the Wood Turtle (Glyptemys insculpta). USFWS, DGIF, and DCR-DNH databases indicate that these state and federally endangered species may occur within the vicinity of the project area or that potential habitat may exist onsite. A search using VDGIF NLEB mapping tools show no known maternity roosts or hibernacula located within or near the project boundaries. Therefore, the Project will not likely affect any known NLEB areas. However, under the NLEB final 4(d) rule, the USFWS reserves the right to request additional studies or information during consultation with federal permitting agencies. In addition, project specific comments received from the Department of Conservation and Recreation (DCR) may mention species not covered in this desktop analysis. A request for a 30-day turn around Project Review Comments was submitted on 8/24/2018. Those comments will be included in an addendum to this report once received. In order to obtain clearances and/or required mitigation for protected species within the project site, official agencies coordination will be necessary. Coordination will need to include the VDGIF, and USFWS. Currently, these federal and state agencies are unable to provide project evaluation/coordination until a project is reviewed through an interagency coordination process. Specific events trigger this coordination process include:  Permit applications o Joint “dredge-and-fill” permits o VPDES and VWPP permits (VDEQ) o Small Renewable Energy Facility permits-by-rule (PBRs)  FERC license application and SCC applications  Environmental documents o Environmental Impact Reports or Statements o Environmental Assessments o Other NEPA documents o Coastal Consistency Determinations o Section 7 (Endangered Species Act) reviews for selected state and federal agency projects only  Proposed state or federal legislation or regulations  Federal land and wildlife management plans for parks, refuges, forests, and DOD lands  Miscellaneous projects such as Landowner Incentive Program projects; projects proposed on or adjacent to VDGIF Wildlife Management Areas, boat ramps, public fishing lakes, or hatcheries; gypsy moth spray blocks, etc.  VDOT projects and locality administered transportation projects Urban Grid Timmons Group: PN 41147 Foxglove Solar – Protected Species Review August 2018 Page 6  VDCR Recreation Grant Project Reviews: Land and Water Conservation Fund projects & Recreation Trails Program projects Prior to formal agency review, surveys for the presence/absence of these protected species can be completed to further understand if these species are present on the site and to help in determining how they may or may not impact site development. Timmons Group can provide survey services upon request. ATTACHMENT 1 USFWS IPaC SEARCH DOCUMENTS 8/23/2018 IPaC: Explore Location https://ecos.fws.gov/ipac/location/WKDQEVRQBRFG5FTVYVA6KNDB6I/resources 1/9 IPaC resource list This report is an automatically generated list of species and other resources such as critical habitat (collectively referred to as trust resources) under the U.S. Fish and Wildlife Service's (USFWS) jurisdiction that are known or expected to be on or near the project area referenced below. The list may also include trust resources that occur outside of the project area, but that could potentially be directly or indirectly a 8/23/2018 IPaC: Explore Location https://ecos.fws.gov/ipac/location/WKDQEVRQBRFG5FTVYVA6KNDB6I/resources 2/9 Endangered species This resource list is for informational purposes only and does not constitute an analysis of project level impacts. The primary information used to generate this list is the known or expected range of each species. Additional areas of in 8/23/2018 IPaC: Explore Location https://ecos.fws.gov/ipac/location/WKDQEVRQBRFG5FTVYVA6KNDB6I/resources 3/9 Flowering Plants Critical habitats Potential e 8/23/2018 IPaC: Explore Location https://ecos.fws.gov/ipac/location/WKDQEVRQBRFG5FTVYVA6KNDB6I/resources 4/9 The birds listed below are birds of particular concern either because they occur on the USFWS Birds of Conservation Concern (BCC) list or warrant special attention in your project location. To learn more about the levels of concern for birds on your list and how this list is generated, see the FAQ below. This is not a list of every bird you may 8/23/2018 IPaC: Explore Location https://ecos.fws.gov/ipac/location/WKDQEVRQBRFG5FTVYVA6KNDB6I/resources 5/9 no data survey e 8/23/2018 IPaC: Explore Location https://ecos.fws.gov/ipac/location/WKDQEVRQBRFG5FTVYVA6KNDB6I/resources 6/9 SPECIES JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC Bobolink BCC Rangewide (CON) (This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska.) Prairie Warbler BCC Rangewide (CON) (This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska.) Red-headed Woodpecker BCC Rangewide (CON) (This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska.) Wood Thrush BCC Rangewide (CON) (This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska.) Tell me more about conservation measures I can implement to avoid or minimize impacts to migratory birds. Nationwide Conservation Measures describes measures that can help avoid and minimize impacts to all birds at any location year round. Implementation of these measures is particularly important when birds are most likely to occur in the project area. When birds may be breeding in the area, identifying the locations of any active nests and avoiding their destruction is a very helpful impact minimization measure. To see when birds are most likely to occur and be breeding in your project area, view the Probability of Presence Summary. Additional measures and/or permits may be advisable depending on the type of activity you are conducting and the type of infrastructure or bird species present on your project site. What does IPaC use to generate the migratory birds potentially occurring in my speci 8/23/2018 IPaC: Explore Location https://ecos.fws.gov/ipac/location/WKDQEVRQBRFG5FTVYVA6KNDB6I/resources 7/9 What does IPaC use to generate the probability of presence graphs for the migratory birds potentially occurring in my speci 8/23/2018 IPaC: Explore Location https://ecos.fws.gov/ipac/location/WKDQEVRQBRFG5FTVYVA6KNDB6I/resources 8/9 Proper Interpretation and Use of Your Migratory Bird Report The migratory bird list generated is not a list of all birds in your project area, only a subset of birds of priority concern. To learn more about how your list is generated, and see options for identifying what other birds may be in your project area, please see the FAQ “What does IPaC use to generate the migratory birds potentially occurring in my speci 8/23/2018 IPaC: Explore Location https://ecos.fws.gov/ipac/location/WKDQEVRQBRFG5FTVYVA6KNDB6I/resources 9/9 Data limitations The Service's objective of mapping wetlands and deepwater habitats is to produce reconnaissance level information on the location, type and size of these resources. The maps are prepared from the analysis of high altitude imagery. Wetlands are identi ATTACHMENT 2 VDGIF IPA SEARCH DOCUMENTS AND MAPS 8/23/2018 VaFWIS Map https://vafwis.dgif.virginia.gov/fwis/maps/zMapFormJava.asp?v=082315 1/2 VaFWIS - Department of Game and Inland Fisheries 39.07443 -78.27333 is the Search Point Submit Cancel Search Point Change to "clicked" map point Fixed at 39.07443 -78.27333 Show Position Rings Yes No 1 mile and 1/4 mile at the Search Point Show Search Area Yes No Search distance miles buffer Search Point is at map center Base Map Choices BW Aerial Photography Map Overlay Choices Current List: TEWaters, BAEANests, BECAR, TierII, Search Map Overlay Legend back Refresh Browser Page Map Click Map Scale Screen Size Help Point of Search 39.07443 -78.27333 Map Location 39.07443 -78.27333 Select Coordinate System:Degrees,Minutes,Seconds Latitude - Longitude Decimal Degrees Latitude - Longitude Meters UTM NAD83 East North Zone Meters UTM NAD27 East North Zone Base Map source: Black & White USGS Aerial Photography (see Microsoft terraserver-usa.com for details) 2 8/23/2018 VaFWIS Map https://vafwis.dgif.virginia.gov/fwis/maps/zMapFormJava.asp?v=082315 2/2 Map projection is UTM Zone 17 NAD 1983 with left 727878 and top 4336577. Pixel size is 16 meters . Coordinates displayed are decimal Degrees North and West. Map is currently displayed as 1000 columns by 1000 rows for a total of 1000000 pixles. The map display represents 16000 meters east to west by 16000 meters north to south for a total of 256.0 square kilometers. The map display represents 52502 feet east to west by 52502 feet north to south for a total of 98.8 square miles. Topographic maps and Black and white aerial photography for year 1990+- are from the United States Department of the Interior, United States Geological Survey. Color aerial photography aquired 2002 is from Virginia Base Mapping Program, Virginia Geographic Information Network. Shaded topographic maps are from TOPO! ©2006 National Geographic http://www.national.geographic.com/topo All other map products are from the Commonwealth of Virginia Department of Game and Inland Fisheries. map assembled 2018-08-23 15:46:11 (qa/qc March 21, 2016 12:20 - tn=926537 dist=3218 I ) $poi=39.0920000 -78.2738200 | DGIF | Credits | Disclaimer | Contact shirl.dressler@dgif.virginia.gov |Please view our privacy policy | © 1998-2018 Commonwealth of Virginia Department of Game and Inland Fisheries 8/23/2018 VaFWIS Map https://vafwis.dgif.virginia.gov/maps/zMapFormJava.asp?autoscale=14&coord=LL&display_only=1&dist=3218&dp=&gap=&ln=timmons&opoi=&overla…1/2 7 Species Observations where Bat, little brown (050020) observed 39,05,31.2 -78,16,25.7 is the Search Point Show Position Rings Yes No 1 mile and 1/4 mile at the Search Point Show Search Area Yes No Search distance miles buffer Display at center Search Point is not at map center Base Map Choices BW Aerial Photography Map Overlay Choices Current List: Search, SppObs Map Overlay Legend back Refresh Browser Page Map Click Map Scale Screen Size Help Point of Search 39,05,31.2 -78,16,25.7 Map Location 39,04,27.9 -78,16,24.0 Select Coordinate System:Degrees,Minutes,Seconds Latitude - Longitude Decimal Degrees Latitude - Longitude Meters UTM NAD83 East North Zone Meters UTM NAD27 East North Zone Base Map source: Black & White USGS Aerial Photography (see Microsoft terraserver-usa.com for details) 2 8/23/2018 VaFWIS Map https://vafwis.dgif.virginia.gov/maps/zMapFormJava.asp?autoscale=14&coord=LL&display_only=1&dist=3218&dp=&gap=&ln=timmons&opoi=&overla…2/2 Map projection is UTM Zone 17 NAD 1983 with left 727878 and top 4336577. Pixel size is 16 meters . Coordinates displayed are Degrees, Minutes, Seconds North and West. Map is currently displayed as 1000 columns by 1000 rows for a total of 1000000 pixles. The map display represents 16000 meters east to west by 16000 meters north to south for a total of 256.0 square kilometers. The map display represents 52502 feet east to west by 52502 feet north to south for a total of 98.8 square miles. Topographic maps and Black and white aerial photography for year 1990+- are from the United States Department of the Interior, United States Geological Survey. Color aerial photography aquired 2002 is from Virginia Base Mapping Program, Virginia Geographic Information Network. Shaded topographic maps are from TOPO! ©2006 National Geographic http://www.national.geographic.com/topo All other map products are from the Commonwealth of Virginia Department of Game and Inland Fisheries. map assembled 2018-08-23 15:53:35 (qa/qc March 21, 2016 12:20 - tn=926537.1 dist=3218 I ) $poi=39.0920000 -78.2738199 | DGIF | Credits | Disclaimer | Contact shirl.dressler@dgif.virginia.gov |Please view our privacy policy | © 1998-2018 Commonwealth of Virginia Department of Game and Inland Fisheries 8/23/2018 VAFWIS Seach Report https://vafwis.dgif.virginia.gov/fwis/NewPages/VaFWIS_report_search.asp?pf=1&Title=VaFWIS+Report+Search&commonName=Bat,+little+brown&co…1/2 Help Known or likely to occur within a 2 mile buffer around line beginning 39.0920000 -78.2738199 in 069 Frederick County, VA where (050020) Bat, little brown observed. View Map of Site Location Species Observations where Bat, little brown (050020) observed ( 7 records , 7 Observations with Threatened or Endangered species ) View Map of All Query Results Species Observations where Bat, little brown (050020) observed 8/23/2018 3:55:23 PM Fish and Wildlife Information Service Virginia Department of Game and Inland Fisheries VaFWIS Search Report Compiled on 8/23/2018, 3:55:23 PM obsID class Date Observed Observer N Species View MapDifferent Species Highest TE* Highest Tier** 230931 SppObs May 26 2008 Sanders: Danielle Ireton, Jason Collins 2 SE I Yes 230932 SppObs May 24 2008 Sanders: K. Voochees, Chris Sanders 2 SE I Yes 230937 SppObs May 18 2008 Sanders: Clayton Lutz, Jen Hicks 2 SE I Yes 230939 SppObs May 18 2008 Sanders: D. Ireton, C. Sanders 2 SE I Yes 230935 SppObs May 17 2008 Sanders: Mike Schneider, Chelsea Albertson 1 SE I Yes 230936 SppObs May 17 2008 Sanders: Clay Lutz, Jen Hicks. 5 SE I Yes 230934 SppObs May 15 2008 Sanders: Mike Schneider, Chelsea Albertson 1 SE I Yes Displayed 7 Species Observations where Bat, little brown (050020) observed *FE=Federal Endangered; FT=Federal Threatened; SE=State Endangered; ST=State Threatened; FP=Federal Proposed; FC=Federal Candidate; CC=Collection Concern **I=VA Wildlife Action Plan - Tier I - Critical Conservation Need; II=VA Wildlife Action Plan - Tier II - Very High Conservation Need; III=VA Wildlife Action Plan - Tier III - High Conservation Need; IV=VA Wildlife Action Plan - Tier IV - Moderate Conservation Need Virginia Widlife Action Plan Conservation Opportunity Ranking: a - On the ground management strategies/actions exist and can be feasibly implemented.; b - On the ground actions or research needs have been identified but cannot feasibly be implemented at this time.; c - No on the ground actions or research needs have been identified or all identified conservation opportunities have been exhausted. 8/23/2018 VAFWIS Seach Report https://vafwis.dgif.virginia.gov/fwis/NewPages/VaFWIS_report_search.asp?pf=1&Title=VaFWIS+Report+Search&commonName=Bat,+little+brown&co…2/2 Compiled on 8/23/2018, 3:55:23 PM I926537.1 report=BOVA searchType= L dist= 3218 poi= 39.0920000 -78.2738199 audit no. 926537 8/23/2018 3:55:23 PM Virginia Fish and Wildlife Information Service © 1998-2018 Commonwealth of Virginia Department of Game and Inland Fisheries 8/23/2018 VaFWIS Map https://vafwis.dgif.virginia.gov/maps/zMapFormJava.asp?autoscale=14&coord=LL&display_only=1&dist=3218&dp=&gap=&ln=timmons&opoi=&overla…1/2 Threatened and Endangered Waters where Turtle, wood (030062) observed 39,05,31.2 -78,16,25.7 is the Search Point Show Position Rings Yes No 1 mile and 1/4 mile at the Search Point Show Search Area Yes No Search distance miles buffer Display at center Search Point is not at map center Base Map Choices BW Aerial Photography Map Overlay Choices Current List: Search, TEWaters Map Overlay Legend back Refresh Browser Page Map Click Map Scale Screen Size Help Point of Search 39,05,31.2 -78,16,25.7 Map Location 39,04,27.9 -78,16,24.0 Select Coordinate System:Degrees,Minutes,Seconds Latitude - Longitude Decimal Degrees Latitude - Longitude Meters UTM NAD83 East North Zone Meters UTM NAD27 East North Zone Base Map source: Black & White USGS Aerial Photography (see Microsoft terraserver-usa.com for details) 2 8/23/2018 VaFWIS Map https://vafwis.dgif.virginia.gov/maps/zMapFormJava.asp?autoscale=14&coord=LL&display_only=1&dist=3218&dp=&gap=&ln=timmons&opoi=&overla…2/2 Map projection is UTM Zone 17 NAD 1983 with left 727878 and top 4336577. Pixel size is 16 meters . Coordinates displayed are Degrees, Minutes, Seconds North and West. Map is currently displayed as 1000 columns by 1000 rows for a total of 1000000 pixles. The map display represents 16000 meters east to west by 16000 meters north to south for a total of 256.0 square kilometers. The map display represents 52502 feet east to west by 52502 feet north to south for a total of 98.8 square miles. Topographic maps and Black and white aerial photography for year 1990+- are from the United States Department of the Interior, United States Geological Survey. Color aerial photography aquired 2002 is from Virginia Base Mapping Program, Virginia Geographic Information Network. Shaded topographic maps are from TOPO! ©2006 National Geographic http://www.national.geographic.com/topo All other map products are from the Commonwealth of Virginia Department of Game and Inland Fisheries. map assembled 2018-08-23 15:59:26 (qa/qc March 21, 2016 12:20 - tn=926537.1 dist=3218 I ) $poi=39.0920000 -78.2738199 | DGIF | Credits | Disclaimer | Contact shirl.dressler@dgif.virginia.gov |Please view our privacy policy | © 1998-2018 Commonwealth of Virginia Department of Game and Inland Fisheries 8/23/2018 VAFWIS Seach Report https://vafwis.dgif.virginia.gov/fwis/NewPages/VaFWIS_report_search.asp?pf=1&Title=VaFWIS+Report+Search&commonName=Turtle,+wood&comm…1/3 Help Known or likely to occur within a 2 mile buffer around line beginning 39.0920000 -78.2738199 in 069 Frederick County, VA where (030062) Turtle, wood observed. View Map of Site Location Threatened and Endangered Waters where Turtle, wood (030062) observed ( 15 Reaches )View Map of All Threatened and Endangered Waters 8/23/2018 4:00:58 PM Fish and Wildlife Information Service Virginia Department of Game and Inland Fisheries VaFWIS Search Report Compiled on 8/23/2018, 4:00:58 PM Stream Name T&E Waters Species View MapHighest TE*BOVA Code, Status*, Tier**, Common & Scientific Name Meadow Brook (012679 )ST 030062 ST Ia Turtle, wood Glyptemys insculpta Yes Meadow Brook (02941 )ST 030062 ST Ia Turtle, wood Glyptemys insculpta Yes Meadow Brook (02967 )ST 030062 ST Ia Turtle, wood Glyptemys insculpta Yes Meadow Brook (030257 )ST 030062 ST Ia Turtle, wood Glyptemys insculpta Yes Meadow Brook (031659 )ST 030062 ST Ia Turtle, wood Glyptemys insculpta Yes Meadow Brook (031663 )ST 030062 ST Ia Turtle, wood Glyptemys insculpta Yes Meadow Brook (035797 )ST 030062 ST Ia Turtle, wood Glyptemys insculpta Yes Meadow Brook (038085 )ST 030062 ST Ia Turtle, wood Glyptemys insculpta Yes Meadow Brook (0395267 )ST 030062 ST Ia Turtle, wood Glyptemys insculpta Yes Meadow Brook (041248 )ST 030062 ST Ia Turtle, wood Glyptemys insculpta Yes Meadow Brook (07077 ST Yes 8/23/2018 VAFWIS Seach Report https://vafwis.dgif.virginia.gov/fwis/NewPages/VaFWIS_report_search.asp?pf=1&Title=VaFWIS+Report+Search&commonName=Turtle,+wood&comm…2/3 Species Observations where Turtle, wood (030062) observed ( 1 records , 1 Observation with Threatened or Endangered species ) View Map of All Query Results Species Observations where Turtle, wood (030062) observed Habitat Predicted for Aquatic WAP Tier I & II Species where Turtle, wood (030062) observed ( 8 Reaches ) View Map Combined Reaches from Below of Habitat Predicted for WAP Tier I & II Aquatic Species )030062 ST Ia Turtle, wood Glyptemys insculpta Meadow Brook (07670 )ST 030062 ST Ia Turtle, wood Glyptemys insculpta Yes Meadow Brook (08676 )ST 030062 ST Ia Turtle, wood Glyptemys insculpta Yes Meadow Brook (08781 )ST 030062 ST Ia Turtle, wood Glyptemys insculpta Yes To view All 15 Threatened and Endangered Waters records View 15 *FE=Federal Endangered; FT=Federal Threatened; SE=State Endangered; ST=State Threatened; FP=Federal Proposed; FC=Federal Candidate; CC=Collection Concern **I=VA Wildlife Action Plan - Tier I - Critical Conservation Need; II=VA Wildlife Action Plan - Tier II - Very High Conservation Need; III=VA Wildlife Action Plan - Tier III - High Conservation Need; IV=VA Wildlife Action Plan - Tier IV - Moderate Conservation Need Virginia Widlife Action Plan Conservation Opportunity Ranking: a - On the ground management strategies/actions exist and can be feasibly implemented.; b - On the ground actions or research needs have been identified but cannot feasibly be implemented at this time.; c - No on the ground actions or research needs have been identified or all identified conservation opportunities have been exhausted. obsID class Date Observed Observer N Species View MapDifferent Species Highest TE* Highest Tier** 64628 SppObs Apr 13 2000 DR. CARL ERNST ( PRINCIPLE PERMITTEE), THOMAS AKRE (COLLECTOR), DEPT. BIOLOGICAL SCIENCES GMU 1 ST I Yes Displayed 1 Species Observations where Turtle, wood (030062) observed Stream Name Tier Species View MapHighest TE*BOVA Code, Status*, Tier**, Common & Scientific Name Fawcett Run (20700061) ST 030062 ST Ia Turtle, wood Glyptemys insculpta 060201 SE IIc Springsnail,Fontigens Yes 8/23/2018 VAFWIS Seach Report https://vafwis.dgif.virginia.gov/fwis/NewPages/VaFWIS_report_search.asp?pf=1&Title=VaFWIS+Report+Search&commonName=Turtle,+wood&comm…3/3 Habitat Predicted for Terrestrial WAP Tier I & II Species where Turtle, wood (030062) observed Appalachian bottimeri Meadow Brook (20700061)ST 030062 ST Ia Turtle, wood Glyptemys insculpta Yes Middle Marsh Brook (20700061)ST 030062 ST Ia Turtle, wood Glyptemys insculpta Yes tributary (20700061) ST 030062 ST Ia Turtle, wood Glyptemys insculpta Yes tributary (20700071) ST 030062 ST Ia Turtle, wood Glyptemys insculpta Yes tributary (20700072) ST 030062 ST Ia Turtle, wood Glyptemys insculpta Yes Watson Run (20700061) ST 030062 ST Ia Turtle, wood Glyptemys insculpta Yes N/A Compiled on 8/23/2018, 4:00:58 PM I926537.1 report=BOVA searchType= L dist= 3218 poi= 39.0920000 -78.2738199 audit no. 926537 8/23/2018 4:00:58 PM Virginia Fish and Wildlife Information Service © 1998-2018 Commonwealth of Virginia Department of Game and Inland Fisheries 8/23/2018 VaFWIS Map https://vafwis.dgif.virginia.gov/maps/zMapFormJava.asp?autoscale=14&coord=LL&display_only=1&dist=3218&dp=&gap=&ln=timmons&opoi=&overla…1/2 Threatened and Endangered Waters where Springsnail, Appalachian (060201) observed 39,05,31.2 -78,16,25.7 is the Search Point Show Position Rings Yes No 1 mile and 1/4 mile at the Search Point Show Search Area Yes No Search distance miles buffer Display at center Search Point is not at map center Base Map Choices BW Aerial Photography Map Overlay Choices Current List: Search, TEWaters Map Overlay Legend back Refresh Browser Page Map Click Map Scale Screen Size Help Point of Search 39,05,31.2 -78,16,25.7 Map Location 39,04,27.9 -78,16,24.0 Select Coordinate System:Degrees,Minutes,Seconds Latitude - Longitude Decimal Degrees Latitude - Longitude Meters UTM NAD83 East North Zone Meters UTM NAD27 East North Zone Base Map source: Black & White USGS Aerial Photography (see Microsoft terraserver-usa.com for details) 2 8/23/2018 VaFWIS Map https://vafwis.dgif.virginia.gov/maps/zMapFormJava.asp?autoscale=14&coord=LL&display_only=1&dist=3218&dp=&gap=&ln=timmons&opoi=&overla…2/2 Map projection is UTM Zone 17 NAD 1983 with left 727878 and top 4336577. Pixel size is 16 meters . Coordinates displayed are Degrees, Minutes, Seconds North and West. Map is currently displayed as 1000 columns by 1000 rows for a total of 1000000 pixles. The map display represents 16000 meters east to west by 16000 meters north to south for a total of 256.0 square kilometers. The map display represents 52502 feet east to west by 52502 feet north to south for a total of 98.8 square miles. Topographic maps and Black and white aerial photography for year 1990+- are from the United States Department of the Interior, United States Geological Survey. Color aerial photography aquired 2002 is from Virginia Base Mapping Program, Virginia Geographic Information Network. Shaded topographic maps are from TOPO! ©2006 National Geographic http://www.national.geographic.com/topo All other map products are from the Commonwealth of Virginia Department of Game and Inland Fisheries. map assembled 2018-08-23 15:57:25 (qa/qc March 21, 2016 12:20 - tn=926537.1 dist=3218 I ) $poi=39.0920000 -78.2738199 | DGIF | Credits | Disclaimer | Contact shirl.dressler@dgif.virginia.gov |Please view our privacy policy | © 1998-2018 Commonwealth of Virginia Department of Game and Inland Fisheries 8/23/2018 VAFWIS Seach Report https://vafwis.dgif.virginia.gov/fwis/NewPages/VaFWIS_report_search.asp?pf=1&Title=VaFWIS+Report+Search&commonName=Springsnail,+Appalac…1/2 Help Known or likely to occur within a 2 mile buffer around line beginning 39.0920000 -78.2738199 in 069 Frederick County, VA where (060201) Springsnail, Appalachian observed. View Map of Site Location Threatened and Endangered Waters where Springsnail, Appalachian (060201) observed ( 14 Reaches )View Map of All Threatened and Endangered Waters 8/23/2018 3:58:57 PM Fish and Wildlife Information Service Virginia Department of Game and Inland Fisheries VaFWIS Search Report Compiled on 8/23/2018, 3:58:57 PM Stream Name T&E Waters Species View MapHighest TE*BOVA Code, Status*, Tier**, Common & Scientific Name Buffalo Marsh Run (028363 )SE 060201 SE IIc Springsnail, Appalachian Fontigens bottimeri Yes Buffalo Marsh Run (030206 )SE 060201 SE IIc Springsnail, Appalachian Fontigens bottimeri Yes Buffalo Marsh Run (031697 )SE 060201 SE IIc Springsnail, Appalachian Fontigens bottimeri Yes Buffalo Marsh Run (031734 )SE 060201 SE IIc Springsnail, Appalachian Fontigens bottimeri Yes Buffalo Marsh Run (031908 )SE 060201 SE IIc Springsnail, Appalachian Fontigens bottimeri Yes Buffalo Marsh Run (032717 )SE 060201 SE IIc Springsnail, Appalachian Fontigens bottimeri Yes Buffalo Marsh Run (032866 )SE 060201 SE IIc Springsnail, Appalachian Fontigens bottimeri Yes Buffalo Marsh Run (035385 )SE 060201 SE IIc Springsnail, Appalachian Fontigens bottimeri Yes Buffalo Marsh Run (035477 )SE 060201 SE IIc Springsnail, Appalachian Fontigens bottimeri Yes Buffalo Marsh Run (035577 )SE 060201 SE IIc Springsnail, Appalachian Fontigens bottimeri Yes Buffalo Marsh Run SE Yes 8/23/2018 VAFWIS Seach Report https://vafwis.dgif.virginia.gov/fwis/NewPages/VaFWIS_report_search.asp?pf=1&Title=VaFWIS+Report+Search&commonName=Springsnail,+Appalac…2/2 Species Observations where Springsnail, Appalachian (060201) observed Habitat Predicted for Aquatic WAP Tier I & II Species where Springsnail, Appalachian (060201) observed ( 1 Reach ) View Map Combined Reaches from Below of Habitat Predicted for WAP Tier I & II Aquatic Species Habitat Predicted for Terrestrial WAP Tier I & II Species where Springsnail, Appalachian (060201) observed (038035 )060201 SE IIc Springsnail, Appalachian Fontigens bottimeri Buffalo Marsh Run (041054 )SE 060201 SE IIc Springsnail, Appalachian Fontigens bottimeri Yes Buffalo Marsh Run (041055 )SE 060201 SE IIc Springsnail, Appalachian Fontigens bottimeri Yes To view All 14 Threatened and Endangered Waters records View 14 *FE=Federal Endangered; FT=Federal Threatened; SE=State Endangered; ST=State Threatened; FP=Federal Proposed; FC=Federal Candidate; CC=Collection Concern **I=VA Wildlife Action Plan - Tier I - Critical Conservation Need; II=VA Wildlife Action Plan - Tier II - Very High Conservation Need; III=VA Wildlife Action Plan - Tier III - High Conservation Need; IV=VA Wildlife Action Plan - Tier IV - Moderate Conservation Need Virginia Widlife Action Plan Conservation Opportunity Ranking: a - On the ground management strategies/actions exist and can be feasibly implemented.; b - On the ground actions or research needs have been identified but cannot feasibly be implemented at this time.; c - No on the ground actions or research needs have been identified or all identified conservation opportunities have been exhausted. N/A Stream Name Tier Species View MapHighest TE*BOVA Code, Status*, Tier**, Common & Scientific Name N/A Compiled on 8/23/2018, 3:58:57 PM I926537.1 report=BOVA searchType= L dist= 3218 poi= 39.0920000 -78.2738199 audit no. 926537 8/23/2018 3:58:57 PM Virginia Fish and Wildlife Information Service © 1998-2018 Commonwealth of Virginia Department of Game and Inland Fisheries ATTACHMENT 3 VDGIF WERMS MAP DRAWING DESCRIPTION PROJECT NAME & LOCATION SHEET NUMBERSCALE 1 DATE 08/23/2018 DESIGNED BY / DRAWN BY PROJECT NAME L. MAJOR FOXGLOVE SOLAR Bat, littlebrown Bat, littlebrown Bat, littlebrown Bat, littlebrown Bat, littlebrown 1 " = 1,800 'H: WILDLIFE ENVIRONMENTAL REVIEW MAP REVISIONS MM/DD/YY#DESCRIPTION These exhibits and associated documents are the exclusive property of TIMMONS GROUP and may not be reproduced in whole or in part and shall not be used for any purpose whatsoever, inclusive, but not limited to construction, bidding, and/or construction staking without the express written consent of PROJECT NUMBER41147 FO X G L O V E S O L A R FR E D E R I C K C O U N T Y , V I R G I N I A 10 0 1 B o u l d e r s P a r k w a y , S u i t e 3 0 0 Ri c h m o n d , V A 2 3 2 2 5 TE L 8 0 4 . 2 0 0 . 6 5 0 0 ww w . t i m m o n s . c o m [ PLANS PRINTED AS 11X17 ARE HALF SCALE01,800 3,600 SCALE (FEET) Y:\804\99999 - Urban_Grid\41147-Foxglove-Fredrick County\GIS\Common Shared Exhibits\41147-WERMS.mxd Legend Project Study Limits - 557.4 Acres 2 Mile Project Buffer #*NLEB Roost Trees - Not Present Threatened/Endangered Waters Trout Streams Anadromous Fish Use - Not Present Bald Eagle Concentration Areas and Roosts - Not Present Colonial Water Birds - Not Present Bat Hibernacula - Not Present Federal Threatened / State Endangered Observation Area Species Observed - Federal Status, State Status Non-Threatened, Non-Endangered Non-Threatened, State Endangered Project Limits are approximate. WERMS data from DGIF. Aerial imagery from VGIN. NOTES Species Name Federal Status State Status Bat, little brown Non-Threatened State Endangered Bat, big brown Non-Threatened Non-Endangered Bat, eastern red Non-Threatened Non-Endangered Bat, hoary Non-Threatened Non-Endangered Bluebird, eastern Non-Threatened Non-Endangered Bullfrog, American Non-Threatened Non-Endangered Dace, blacknose Non-Threatened Non-Endangered Dace, pearl Non-Threatened Non-Endangered Darter, fantail Non-Threatened Non-Endangered Frog, pickerel Non-Threatened Non-Endangered Salamander, cave Non-Threatened Non-Endangered Thrasher, brown Non-Threatened Non-Endangered Watersnake, northern Non-Threatened Non-Endangered Wren, house Non-Threatened Non-Endangered Species Observed within 2 Miles ATTACHMENT 4 CCB EAGLES NEST LOCATOR MAP AND USFWS BALD EAGLE CONCENTRATION AREAS MAP NLEB Locations and Roost Trees Esri, HERE, Garmin, FAO, USGS, EPA, NPS NLEB Known Occupied Maternity Roost (Summer Habitat) NLEB Hibernaculum 5.5 Mile Buffer NLEB Hibernaculum Half Mile Buffer 8/23/2018, 4:04:03 PM 0 40 8020mi 0 70 14035km 1:2,311,162 Esri, HERE, Garmin, FAO, USGS, EPA, NPS | VA Dept. Game & Inland Fisheries ATTACHMENT 5 VDGIF NORTHERN LONG EARED BAT SEARCH MAP 8/23/2018 ArcGIS - USFWS Bald Eagle Concentration Areas - Virginia https://www.arcgis.com/home/webmap/print.html 1/1 VITA, West Virginia GIS, Esri, HERE, Garmin, USGS, NGA, EPA, USDA, NPS USFWS Bald Eagle Concentration Areas - Virginia This map depicts designated Bald Eagle Concentration Areas in the State of Virginia. The Intent of this map is to provide information to the public about shoreline areas that ar ... Foxglove Solar Site Eagle Concentration Areas December 15 to March 15 May 15 to August 31 and December 15 to March 15 USFWS Northeast Region States Layers: Va Eagle Nest Locator Map Center (longitude, latitude): (-78.2449722290039, 39.079974145329246) Report Generated On: 08/24/2018 ATTACHMENT 6 DCR-DNH SUBWATERSHED SEARCH DOCUMENTS Natural Heritage Resources Your Criteria Global Conservation Status Rank: Select All State Conservation Status Rank: Select All Federal Legal Status: Select All State Legal Status: Select All County: Frederick Watershed (8 digit HUC): 02070006 - No. Fork Shenandoah River Subwatershed (12 digit HUC): PS75 - Cedar Creek-Meadow Brook Search Run: 8/23/2018 15:41:32 PM Result Summary Total Species returned: 4 Total Communities returned: 0 Click scientific names below to go to NatureServe report. Click column headings for an explanation of species and community ranks. 1 / 2 Common Name/Natural Community Scientific Name Global Conservation Status Rank State Conservation Status Rank Federal Legal Status State Legal Status Statewide Occurrences Virginia Coastal Zone Frederick North Fork Shenandoah Cedar Creek-Meadow Brook COLEOPTERA (BEETLES) Hupps Hill Cave Beetle Pseudanophth almus parvicollis G1 S1 SOC None 2 N GASTROPODA (SNAILS) Appalachian Springsnail Fontigens bottimeri G2G3 S2S3 SOC LE 6 N REPTILES Wood Turtle Glyptemys insculpta G3 S2 None LT 47 N VASCULAR PLANTS Canby's Mountain-lover Paxistima canbyi G2 S2 SOC None 35 N Note: On-line queries provide basic information from DCR's databases at the time of the request. They are NOT to be substituted for a project review or for on-site surveys required for environmental assessments of specific project areas. For Additional Information on locations of Natural Heritage Resources please submit an information request. To Contribute information on locations of natural heritage resources, please fill out and submit a rare species sighting form. Powered by TCPDF (www.tcpdf.org) 2 / 2 ATTACHMENT 7 DCR PROJECT REVIEW COMMENTS Matthew J. Strickler Secretary of Natural Resources Clyde E. Cristman Director 600 East Main Street, 24th Floor | Richmond, Virginia 23219 | 804-786-6124 State Parks • Soil and Water Conservation • Outdoor Recreation Planning Natural Heritage • Dam Safety and Floodplain Management • Land Conservation Rochelle Altholz Deputy Director of Administration and Finance Russell W. Baxter Deputy Director of Dam Safety & Floodplain Management and Soil & Water Conservation Thomas L. Smith Deputy Director of Operations September 22, 2018 Marjorie Siwy Timmons Group 1001 Boulders Parkway, Suite 300 Richmond, VA 23225 Re: 41147, Foxglove Solar- Two Project Sites Dear Ms. Siwy: The Department of Conservation and Recreation's Division of Natural Heritage (DCR) has searched its Biotics Data System for occurrences of natural heritage resources from the area outlined on the submitted map. Natural heritage resources are defined as the habitat of rare, threatened, or endangered plant and animal species, unique or exemplary natural communities, and significant geologic formations. This project is situated on karst-forming carbonate rock and can be characterized by sinkholes, caves, disappearing streams, and large springs. The Virginia DCR karst staff screened this project against the Virginia Speleological Survey (VSS) database and the Virginia DMME sinkhole coverage for documented sensitive karst features and caves. The Ogdens Conservation Site is located within two miles of the project sites. Conservation sites are tools for representing key areas of the landscape that warrant further review for possible conservation action because of the natural heritage resources and habitat they support. Conservation sites are polygons built around one or more rare plant, animal, or natural community designed to include the element and, where possible, its associated habitat, and buffer or other adjacent land thought necessary for the element’s conservation. Conservation sites are given a biodiversity significance ranking based on the rarity, quality, and number of element occurrences they contain; on a scale of 1-5, 1 being most significant. Ogdens Conservation Site has been given a biodiversity significance ranking of B1, which represents a site of outstanding significance. The natural heritage resources of concern at this site are: Pseudanophthalmus parvicollis Hupps Hill Cave beetle G1/S1/NL/NL Fontigens bottimeri Appalachian springsnail G2G3/S2S3/NL/LE Stygobromus biggersi Bigger’s Cave amphipod G2G4/S1S2/NL/NL Significant cave G3/SNR/NL/NL The more northwestern of the two sites will directly negatively impact Ogdens Cave and the Ogdens Conservation Site. All surface runoff from this site will feed into Buffalo Marsh Run and eventually make its way into Ogdens Cave. Water that makes its way into the groundwater below this site is likely to recharge at Blue Spring. This spring also feeds into Ogdens Cave. Ogdens cave is home to the Appalachian Springsnail, which is a state listed species, and coordination with DGIF about this endangered snail is recommended. The cave is also home to the Hupps Hill Cave Beetle. This cave beetle is one of the rarest in the state. It is only known from two locations. One of these locations is Ogdens Cave. Recent work with this species by DCR, Division of Natural Heritage's Karst Program indicates that the beetle may be completely extirpated from the other site leaving Ogdens Cave as its only know location. The Karst Program recently conducted a study on 17 rare cave beetles in Virginia for the US Fish and Wildlife Service. Based on the data from this study it is extremely likely that DCR will recommend to US Fish and Wildlife that they consider listing this species and we are currently in discussion with the USFWS about this topic. Ogdens Cave also contains Bigger's Cave Amphipod. Based on the resources that may be impacted at Ogdens Cave by the development of a solar energy project at the northwestern site, this location is not recommended. Impacts could be severe for the resources that inhabit this cave and the groundwater they depend on. The project site to the southeast also could impact Ogdens Cave but not as severely. Most of the water from this site would be captured by the watersheds to the southeast of the Ogdens watershed. Most of the southeastern site should overlay the recharge zone for Vaucluse Spring directly to the east of the site. DCR recommends strict adherence to proper standard erosion and sediment control measures including best management practices to ensure drainage from the project site does not enter any caves or sinkholes that are nearby. While no sinkholes are shown on the DMME sinkhole coverage used for this review for these sites, it is possible that sinkholes that are not delineated may be encountered on the sites. If sinkholes do occur within the project area they should be avoided to help reduce any potential impact from the development of a solar farm at this location. Most of the water on these two sites will make its way into a very fragile groundwater system. Contamination in this area could have dramatically detrimental consequences to the species that depend on it. If herbicides and or pesticides are to be used on the site for maintenance the potential impact to groundwater resources should be taken into account in the selection process. No known caves are within the two project footprints provided for this review. If karst features such as sinkholes, caves, disappearing streams, and large springs are encountered during the project, please coordinate with Wil Orndorff (540-230-5960, Wil.Orndorff@dcr.virginia.gov) to document and minimize adverse impacts. Discharge of runoff to sinkholes or sinking streams, filling of sinkholes, and alteration of cave entrances can lead to surface collapse, flooding, erosion and sedimentation, groundwater contamination, and degradation of subterranean habitat for natural heritage resources. If the project involves filling or “improvement” of sinkholes or cave openings, DCR would like detailed location information and copies of the design specifications. In cases where sinkhole improvement is for storm water discharge, copies of VDOT Form EQ-120 will suffice. In addition, Buffalo Marsh Run, which has been designated by the Virginia Department of Game and Inland Fisheries (VDGIF) as a “Threatened and Endangered Species Water” is and adjacent to the project area. The species associated with the Buffalo Marsh Run T & E Water is the Appalachian springsnail. Due to the legal status of the Appalachian springsnail, DCR recommends coordination with Virginia's regulatory authority for the management and protection of this species, the VDGIF, to ensure compliance with the Virginia Endangered Species Act (VA ST §§ 29.1-563 – 570). DCR also recommends the development of an invasive species management plan for the project and the planting of native pollinator plants in the buffer areas of the planned facility which bloom throughout the spring and summer. Please note, Ogdens Cave Natural Area Preserve is located approximately 2.1 miles southwest of the southeast project site. For more information, please contact Tyler Urgo, DCR Shenandoah Valley Region Steward at (540) 332-9226 or tyler.urgo@dcr.virginia.gov. Under a Memorandum of Agreement established between the Virginia Department of Agriculture and Consumer Services (VDACS) and the DCR, DCR represents VDACS in comments regarding potential impacts on state- listed threatened and endangered plant and insect species. The current activity will not affect any documented state-listed plants or insects. New and updated information is continually added to Biotics. Please re-submit a completed order form and project map for an update on this natural heritage information if the scope of the project changes and/or six months has passed before it is utilized. A fee of $250.00 has been assessed for the service of providing this information. Please find attached an invoice for that amount. Please return one copy of the invoice along with your remittance made payable to the Treasurer of Virginia, DCR Finance, 600 East Main Street, 24th Floor, Richmond, VA 23219. Payment is due within thirty days of the invoice date. Late payment may result in the suspension of project review service for future projects. The Virginia Department of Game and Inland Fisheries (VDGIF) maintains a database of wildlife locations, including threatened and endangered species, trout streams, and anadromous fish waters that may contain information not documented in this letter. Their database may be accessed from http://vafwis.org/fwis/ or contact Ernie Aschenbach at 804-367-2733 or Ernie.Aschenbach@dgif.virginia.gov. According to the information currently in our files, Meadow Brook and Middle Marsh Brook, which have been designated by the Virginia Department of Game and Inland Fisheries (VDGIF) as “Threatened and Endangered Species Waters” for the Wood turtle are within 2 miles of the project area. Therefore, DCR recommends coordination with Virginia's regulatory authority for the management and protection of this species, the VDGIF, to ensure compliance with the Virginia Endangered Species Act (VA ST §§ 29.1-563 – 570). Should you have any questions or concerns, feel free to contact me at 804-371-2708. Thank you for the opportunity to comment on this project. Sincerely, S. René Hypes Project Review Coordinator Cc: Ernie Aschenbach, VDGIF Wil Orndorff, DCR-Karst Tyler Urgo, DCR- Shenandoah Valley Region Steward