I. VEGETATION AND WILDLIFE

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1 I. VEGETATION AND WILDLIFE 1. Existing Conditions VHB conducted vegetation and wildlife assessments using a variety of sources, including: field investigations; Significant Habitats in the Town of Poughkeepsie by Hudsonia, Ltd., 2008; consultation with New York Natural Heritage Program (NYNHP); NYSDEC records; USFWS Information, Planning, and Conservation System (IPAC); The New York State Breeding Bird Atlas (NYSBBA); and the New York State Amphibian and Reptile Atlas Project (NYSARAP) database. Field investigations took place in August, September and October of 2016 and in March a) Vegetation The majority of the Project Site is open agricultural field (26.22 acres) and rich mesophytic forest (18.49 acres) areas. The Site also contains floodplain forest, successional old field, residential lands, open water, open maintained land, scrub-shrub, gravel, roads/parking and other land cover types. Two types of wetlands cover are also present on the Site. See Exhibit 3I-1, Land Cover Map, Table 3I-1, Land Cover Type, and Chapter 3D, Surface Water Resources for additional details regarding wetlands. Hudsonia, Ltd. completed a report in March 2008 for the Town of Poughkeepsie entitled Significant Habitats in the Town of Poughkeepsie. In this report, significant ecological habitats are identified, mapped, and described. Conservation issues associated with these habitats are also addressed. The report identifies several ecologically significant habits located within the Project Site. An upland meadow habitat is identified on the eastern side of Route 44; maintained as hayland by the farm operation. The report further identifies that undisturbed meadows develop diverse plant communities of grasses, forbs, and shrubs and support an array of wildlife, including invertebrates, reptiles, mammals, and birds, (pg. 38). Vegetation and Wildlife 3I-1

2 oa sr las oo Acorn Drive dr Park vie Plac w e ew d oa Darro w P in Eil Boule e e n v a rd Win Maple din gr oad Sle ig ht P West End Avenue hess D ut c \\vhb\proj\albany\ \gis\project\report Series\Figure5_LandCover.mxd kwa y Turn Th Ave omas nue Place r Schyle Drive d s Roa Dutc hess Barnes D rive t Plas Turn p Sleigh ike Old F Ro ield ad me Unna W an el s t il eet Parking L ot Edwin Road d Str e ³ Feet 800 Approximate Project Area Land Cover Wetland (PEM) Wetland (PSS) Open Water Ag. Field Source: Imagery from NYS GIS Program (2013). Floodplain Forest Upland - Successional Old Field Rich Mesophytic Forest Gravel Upland - Open Maintained Roads Upland - Residential Other Upland - Scrub Shrub March 27, 2017 Exhibit 3H-1 Land Cover Map MacDonnell Heights Town Center Dutchess Turnpike Town of Poughkeepsie, New York

3 Table 3I-1 Land Cover Type Land Cover Type Within Study Area Square Feet Acres Upland Forest (Floodplain Forest) 322, Forest (Rich Mesophytic Forest) 805, Agricultural Field 1,142, Open Water 65, Open Maintained 177, Residential 233, Scrub-Shrub 143, Successional Old Field 5, Gravel 10, Roads/Parking 69, Other 7, Upland Subtotal 2,983, Wetlands Palustrine Emergent 1, Palustrine Scrub-shrub Wetland Subtotal 2, Total 2,985, b) Wildlife Birds Birds are the most common form of wildlife observed and expected on the Project Site. Based on existing site conditions, the Site is best-suited to those avian species adapted to cropland and mixed-deciduous woodlands. Sixteen avian species were observed at or over the Site during field inspections. These species are listed in Table 3I-2. See Appendix G for more information, including additional avian species that may also use the Site. Vegetation and Wildlife 3I-2

4 Table 3I-2 Observed List of Avian Species Ardea herodias Great blue heron Bombycilla cedrorum Cedar waxwings Buteo jamaicensis Red-tailed hawk Cardinalis cardinalis Northern cardinal Columba livia Rock pigeon Corvus brachyrhynchos American crow Cyanocitta cristata Blue jay Dumetella carolinensis Gray catbird Hirundo rustica Barn swallow Megaceryle alcyon Belted kingfisher Melospiza melodia Song sparrow Mergus merganser Common merganser Mimus polyglottos Northern mockingbird Piranga olivacea Scarlett tanager Turdus migratorius American robin Zenaida macroura Mourning dove Mammals Multiple sightings of whitetail deer (Odocoileus virginianus), eastern gray squirrel (Sciurus carolinensis) and eastern chipmunk (Tamias striatus) occurred at the subject property during the field inspections. Additionally, American black bear (Ursus americanus) scat was observed near Wetland 1. See Appendix G for a list of additional mammals that may use the Site. Herpetofauna A review of herpetofauna species (reptiles and amphibians) to potentially use the Site as habitat was also performed. Three herpetofauna species were opportunistically observed on-site: eastern american toad (anaxyrus americanus), wood frog (lithobates sylvaticus), and green frog (rana clamitans). An additional 31 species were identified to potentially use the Site (see Appendix G), including Blanding s Turtle (emydoidea blandingii) which is a New York State threatened species. Protected Species A preliminary consultation response from NYSDEC from Spring of 2016 revealed a portion of the Site may be utilized by the state-listed Blanding s Turtle. This area is generally in the northwest portion of the site, where any of the hayfield/upland meadows, scrub-shrub successional areas may be utilized by nesting or transient Blanding s Turtles. Vegetation and Wildlife 3I-3

5 A desktop review was also performed for federal listed rare, threatened and endangered species by utilizing the USFWS Information, Planning, and Conservation System (IPAC). A trusted resource list was obtained on July 12, 2016, and an official species list was obtained on March 30, 2017; identifying four species of concern, including Dwarf Wedgemussel (Alasmidonta heterodon), Indiana bat (Myotis sodalis), Northern Long-eared bat (Myotis septentrionalis), and Bog Turtle (Clemmys muhlenbergii) within the vicinity of the Project Site. During environmental surveys for wetlands and habitats, VHB opportunistically recorded fauna observations on August 1, August 15, September 20, October 31 of 2016, and March 9, Species listed by USFWS and NYNHP were not observed during any of the environmental investigations. However, potential habitat exists for Indiana Bat, Northern Long-eared Bat, Dwarf Wedgemussel, and Blanding s Turtle within the Project Site. Appropriate habitat for the Bog Turtle was not identified within the Project Site. Additional species information was received from the New York Natural Heritage Program (NYNHP) on April 28, 2017 and, similar to the NYSDEC and USFWS lists, the Blanding s Turtle and Indiana Bat were listed as potential species on-site. 2. Future without the Proposed Project Without the Proposed Action, vegetation and wildlife conditions on the Project Site will remain as described above and agricultural activities may continue. See the No Action Alternative described in Chapter 4 for more detailed information. 3. Potential Impacts as a Result of the Proposed Project a) Vegetation As a result of the Proposed Action, tree removal will be limited to the 34.4-acre area of disturbance, and will not include the forested area near Wappinger Creek. Approximately 3.19 acres of existing wooded areas will be removed. The preliminary Landscaping Plan proposes planting a mixture of evergreen and shade tree varieties and other flowering plants. Exhibit 3H-1A and 3H-1B includes the proposed Landscaping Plan with the locations of all plantings and a list of tree and plant species proposed for the development. As depicted, the trees and shrubs will surround the buildings and be placed along the perimeter of the proposed development providing significant screening from the surrounding neighborhood. The additional plantings will help offset the tree removal that will be taking place on 3.19 acres on the eastern side of the Proposed Project. As stated previously, approximately 21.7 acres of natural wooded areas will remain as is. Vegetation and Wildlife 3I-4

6 b) Wildlife The Proposed Project was designed to primarily use portions of the Site that were previously disturbed or previously used agricultural fields. Approximately 3.19 acres of existing wooded areas will be removed and the remaining 21.7 acres of natural wooded areas would be retained on the Project Site and will not be fragmented. Most wildlife species on the Site are common and abundant in Dutchess County and New York State. Most of these species are not development sensitive and will likely relocate to nearby areas during construction and may return after construction is completed. c) Protected Species Blanding s Turtle Blanding s Turtle is a medium sized turtle that hibernates under or near water, in mud or under vegetation or debris. Nesting habitat is open, non-forested, upland areas with well-drained, loose, gravelly-loam soils. Blanding s Turtle is a Threatened species in New York State. Preliminary consultation with NYSDEC confirmed that portions of the Project Site are located within or near records of the Blanding s Turtle. Based on the information NYSDEC provided; their presence will be assumed in the project area until determined otherwise and the Proposed Project would be required to employ measures approved by NYSDEC to avoid, minimize and mitigate any impact to the Blanding s Turtle and their habitat. Dwarf Wedgemussel The Dwarf Wedgemussel is a species of freshwater mussels found buried in the bottom of streams and rivers. 1 These streams and rivers typically have a flow velocity of slow to moderate, with substrates including silt, sand, and gravel. Wappinger Creek may have suitable habitat for the Dwarf Wedgemussel species. Since this species is restricted to streams and rivers, and no development activities will occur in or near the stream; no further assessment is necessary. Northern Long-eared Bat and Indiana Bat The Northern Long-eared Bat (NLEB) is a species of bat heavily impacted by the fungal disease white-nose syndrome. The NLEB is approximately 3 inches long with a 10 inch wingspan. It is predominately found in eastern and north central United States. NLEB is believed to occur in all 62 counties of New York State. As a result of continual declines in their populations caused by white-nose syndrome, as well as continued spread of the disease, the NLEB received protection as a threatened species under the Federal Endangered Species Act (ESA) on April 1 New York State Department of Environmental Conservation. Dwarf Wedge Mussel Fact Sheet. Available online at: Accessed on April 23, Vegetation and Wildlife 3I-5

7 2, 2015, effective May 4, Under the ESA, a threatened species is likely to become endangered in the foreseeable future, while an endangered species is currently in danger of becoming extinct. The NLEB hibernates in caves and mines during the winter. During the summer months, the bats utilize a wide variety of forest/wooded habitats for roosting, foraging, and travel corridors. NLEB may also travel in open areas and adjacent edges of forests, such as emergent wetlands, agricultural fields, and pastures. The wooded habitats may be dense or loose aggregates of trees with variable amounts of canopy closure, with potential roost trees (i.e., live trees and/or snags of at least 3 inches in diameter breast height (DBH) that have exfoliating bark, cracks, crevices or cavities). 2 Additionally, NLEB has been observed roosting in man-made structures, such as buildings, barns, bridges and bat houses. The summer habitats are typically utilized from mid-may through mid-august each year. The Indiana bat population is also in rapid decline due to the white nose syndrome; and has been listed federally as endangered. A small bat, the Indiana bat species weighs only one quarter of an ounce and has a wingspan of 9 to 11 inches. 3 They also hibernate in caves during the winter, and migrate to summer habitat in wooded areas during the summer months. Indiana bats typically prefer mature trees with loose tree bark or dead/dying trees with cavities for roosting sites. These trees are typically large (>12 DBH) with shaggy bark such as Shagbark Hickories (Carya ovata) and mature Sugar Maples (Acer saccharum). Other tree species are often used if cavities or crevices are present, if the tree is suitably located to receive plenty of sunlight, and if the tree is large enough to retain warmth. Therefore, trees > 4 inches DBH are typically assumed to have potential habitat for Indiana Bat. A substantial portion of the Project Site contains mature forest, including shagbark hickories. Due to the habitat needs of either bat species, presence of neither the NLEB nor Indiana bat has been discounted. The NYNHP response noted Indiana Bat recorded within 2.5 miles of the Project Site. Because the bat species are known to travel long distances; NYSDEC implements conservation measures on projects that fall within 5 miles of a documented roost site or hibernaculum. 4. Proposed Mitigation The primary wildlife mitigation for the Proposed Action is the clustering of the development. By clustering the development on the portions of the Site that were previously disturbed or used as agricultural field, the potential impacts are reduced and 21.7 acres of natural vegetation 2 U. S. Fish and Wildlife Service, April Northern Long-Eared Bat (Myotis septentrionalis) Fact Sheet. Available online at: < Accessed on April 7, U. S. Fish and Wildlife Service, December Indiana Bat (Myotis sodalis) Fact Sheet. Available online at: < Accessed on April 7, Vegetation and Wildlife 3I-6

8 on the Project Site will be preserved, including the natural and unfragmented wooded area by Wappinger s Creek. In addition, as detailed in the Landscaping Plan (see Exhibit 3H-1A and 3H- 1B), trees and shrubs will be planted to replace the trees to be removed during construction and plantings will be provided along the perimeter areas of the development as well as bordering the buildings on site. Native species will be used as much as possible. The Proposed Project, however, may remove potential habitat for Blanding s Turtle and could disrupt or remove habitat for Indiana bat and Northern Long-eared bat. Until determined otherwise, the presence of these species has been assumed and mitigation measures to protect these species and their habitat would be developed and approved by NYSDEC prior to construction. Impact avoidance measures for Blanding s Turtle typically requires avoidance measures for the species during construction activities. Post construction design will eliminate pit falls and trap/roadway hazards to avoid any direct impact to the species. NYSDEC provided Guidelines for Reviewing Projects for Potential Impacts to the Blanding s Turtle on October 10, 2016 for consideration during Project design. 4 This document provides guidance for seasonal restrictions, temporary barriers, habitat creation, trap and road hazard protections, and monitoring. The Project may take these recommendations into consideration during Project Design and construction phasing; and obtain the necessary approvals from NYSDEC for development within the habitat associated with Blanding s Turtle. To minimize the impact to the Indiana bat and the NLEB, the Proposed Project would work to minimize the extent of tree clearing and coordinate with NYSDEC on conservation measures appropriate for the Project. Conservation measures typically require winter clearing (e.g. November 1 March 31 st ) measures to avoid felling trees when bats may be roosting. With the implementation of NYSDEC approved impact avoidance and minimization measures to protect Blanding s Turtle, Indiana bat, and Northern Long-eared bat and their habitat, no significant adverse impacts to ecological resources on or adjacent to the Project Site are anticipated to result from implementation of the Proposed Action. The Project Site will continue to function ecologically as a location dominated by rich mesophytic forest and floodplain forest. Should it be determined through further evaluation that any of these species are not present on the Project Site and such a determination is accepted by the NYSDEC, no further mitigation would be required as it relates to that species. 4 New York State Department of Environmental Conservation. Guidelines for Reviewing Projects for Potential Impacts to the Blanding s Turtle. August 12, Vegetation and Wildlife 3I-7

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