Species Conclusions Table

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Conclusions Table Project Name: Chesapeake Landing HOA- Breakwaters (NAO-14-0283) Date: February 25, 2014 /Resource Name Loggerhead sea turtle (Caretta caretta) Conclusion ESA Section 7 / Eagle Act Determination Info / Habitat Description Notes / Determination The loggerhead is widely distributed within its range. It may be found hundreds of miles out to sea, as well as in inshore areas such as bays, lagoons, salt marshes, creeks, ship channels, and the mouths of large rivers. Coral reefs, rocky places, and ship wrecks are often used as feeding areas. Loggerheads nest on ocean beaches and occasionally on estuarine shorelines with suitable sand. Nests are typically made between the high tide line and the dune front. Most loggerhead hatchlings originating from U.S. beaches are believed to lead a pelagic existence in the North Atlantic gyre for an extended period of time, perhaps as long as 10 to 12 years, and are best known from the eastern Atlantic near the Azores and Madeira. Post-hatchlings have been found floating at sea in association with Sargassum rafts. Once they reach a certain size, these juvenile loggerheads begin recruiting to coastal areas in the western Atlantic where they become benthic feeders in lagoons, estuaries, bays, river mouths, and shallow coastal waters. These juveniles The species has been documented in the vicinity of to that which is currently at the site, therefore the impacts are anticipated to be Green sea turtle (Chelonia mydas) "Green turtles are generally found in fairly shallow waters (except when migrating) inside reefs, bays, and inlets. The turtles are attracted to lagoons and shoals with an abundance of marine grass and The species has been documented in the vicinity of algae. Open beaches with a sloping platform and minimal disturbance are required for nesting. Green turtles apparently have a strong nesting site fidelity and often make long distance migrations between feeding grounds and nesting beaches. to that which is currently at the site, Hatchlings have been observed to seek refuge and therefore the impacts are anticipated to be food in Sargassum rafts." Page 1 of 5

Conclusions Table Leatherback sea turtle (Dermochelys coriacea) Kemp's ridley sea turtle (Lepidochelys kempii) Northeastern beach tiger beetle (Cicindela dorsalis dorsalis) Piping plover (Charadrius melodus) Suitable habitat, species not turtles. Adult females require sandy nesting beaches backed with vegetation and sloped sufficiently so the crawl to dry sand is not too far. The preferred beaches have proximity to deep The species has been documented in the vicinity of water and generally rough seas. Outside of nesting, the major habitat for Kemp's ridleys is the nearshore and inshore waters of the northern Gulf of Mexico, especially Louisiana waters. Kemp's ridleys are often found in salt marsh habitats. The to that which is currently at the site, preferred sections of nesting beach are backed up therefore the impacts are anticipated to be by extensive swamps or large bodies of open ridleys is the nearshore and inshore waters of the northern Gulf of Mexico, especially Louisiana waters. Kemp's ridleys are often found in salt marsh habitats. The preferred sections of nesting beach are backed up by extensive swamps or large bodies of open water having seasonal narrow ocean connections. Broad sandy beaches provide the best habitat for these beetles. Adults live in the zone between the high-tide line and the dunes; larvae inhabit burrows in the upper intertidal zone. Larvae requrie beaches that are at least 5 yd. wide with some sand above high tide mark. The northeastern beach tiger beetle has adapted to habitat that is often unstable because of storm erosion and other disturbance. Newly emerged adults may fly more than a mile to colonize another beach. Presence of the beetle is an Piping plovers use wide, flat, open, sandy beaches with very little grass or other vegetation. Nesting territories often include small creeks or wetlands. to that which is currently at the site, therefore the impacts are anticipated to be The site has been identified as being located within a USFWS Priority Area for the Northeastern Beach Tiger Beetle. The project proposes to fill inter-tidal and subaqueous areas to construct a system of breakwaters with associated beach nourishment. The resulting habitat will be similar to that which is currently at the site, therefore the impacts are anticipated to be p y to that which is currently at the site and will create additional habitat areas, therefore the impacts are anticipated to be minimal and temporary. Page 2 of 5

Conclusions Table Red Knot (Calidris canutus ssp. Rufa)- proposed spp Eagles (Haliaeetus leucocephalus) Within Virginia, red knots are found on barrier island beaches and marsh islands along the Atlantic Ocean. The island chain is backed by extensive shallow lagoons with open water, mudflats, peat banks, and tidal marsh (Cohen et al. 2009, p. 940). Red knots have also been observed to a much lesser extent along beaches in the Chesapeake Bay (B. Watts pers. comm. 2009). In coastal Virginia, red knots feed within peat banks on blue mussels (Mytilus edulis) and on Coquina clams and crustaceans on sandy beaches. Horseshoe crab ( Limulus polyphemus) eggs are not considered a major food resource for red knots in Virginia (Truitt et al. 2001, p. 12; B. Watts pers. comm. 2009; Cohen et al. 2010a, pp. 355, 358-359). The species has been documented in the vicinity of to that which is currently at the site and will create additional habitat areas, therefore the impacts are anticipated to be minimal and temporary. Eagle Nests Unlikely to disturb nesting bald eagles No Eagle Act permit required No nests were document in the vicinit of the project. The permittee is responsible for obtaining any take permits required under the U.S. Fish and Wildlife Service s regulations governing compliance with the Migratory Bird Treaty Act or the Bald and Golden Eagle Protection Act. The permittee should contact the appropriate local office of the U.S. Fish and Wildlife Service to determine if such take permits are required for a particular activity. Page 3 of 5

Conclusions Table Eagle Concentration Areas Does not intersect with bald eagle concentration area No Eagle Act permit required No Eagle concentration Areas were documented in teh vicinity of the project. The permittee is responsible for obtaining any take permits required under the U.S. Fish and Wildlife Service s regulations governing compliance with the Migratory Bird Treaty Act or the Bald and Golden Eagle Protection Act. The permittee should contact the appropriate local office of the U.S. Fish and Wildlife Service to determine if such take permits are required for a particular activity. Critical Habitat Other (other species not listed above or required coordination for NOAA, DCR, & VDGIF) Atlantic Sturgeon (Acipenser oxyrinchus oxyrinchus) Suitable habitat Atlantic sturgeon (Acipenser oxyrinchus) spawn in fresh water, but spend most of their adult life in the marine environment. Spawning adults migrate upriver in the spring, beginning Apr-May in mid- Atlantic rivers. Spawning occurs in flowing water between the salt front and fall line of large rivers. Sturgeon eggs, which are highly adhesive, are deposited on the bottom, usually on hard surfaces (i.e. cobble). Atlantic sturgeon travel widely once they emigrate from northern natal rivers. Until they mature, juveniles and subadults wander among coastal and estuarine habitats. Seasonal movement is north in the late winter and south in the fall and early winter. Studies suggests that The project proposes to fill inter-tidal and subadults may move to deeper bottoms during subaqueous areas to construct a system of the coldest months. Sturgeon are bottom breakwaters with associated beach nourishment. feeders; they root in the sand and mud with their The resulting habitat will be similar to that which is protrusible mouths, taking benthic crustaceans, currently at the site, therefore the impacts molluscs, polychaetes, and small fishes. are anticipated to be Page 4 of 5

Conclusions Table Page 5 of 5