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A -227 Lahti Engineering- The Orchards FEIS (Town of Southold) 2/4
2595 Orchard Street, Orient (SCTM #: 1000- 27 -1 -3)
Potential stormwater impacts to Long Beach Bay during construction of proposed dwellings shall be minimized
by the development and implementation of a Stormwater Pollution Prevention Plan ( SWPPP), as well as an
Erosion and Sediment Control Plan. Review and approval of the SWPPP would be conducted by the Town
engineering department, the SWPPP becomes part of the Planning Board's subdivision approval and Town
approval is issued to the NYSDEC to enable issuance of the NYSDEC permit.
Compliance with Suffolk County Department of Health Services regulations and permitting requirements for
sanitary systems and New York State and Town of Southold design standards for management of stormwater
(during construction and under built conditions) will minimize potential water quality impacts to nearby the
wetlands and surface waters of Long Beach Bay.
Historic Records of Endangered/Threatened Species Response for comment 3.4.2
Historical records of ten protected or rare plants and animals were identified for Orient Point by the New York
Natural Heritage Program, according to the January 29, 2021 Town letter, including woodland agrimony
(Agromonia rostellata, New York State - Threatened) in 1932; marsh fimby (Fimbristylis castanea, New York
State - Threatened) in 1938; small - flowered pearlwort (Sagina decumbens ssp. decumbens, New York State -
Endangered) in 1910; marsh straw sedge (Carex hormathodes, New York State - Threatened) in 1926; sea pink
(Sabatia stellaris, New York State - Threatened) in 1910; Northern Barrens Tiger Beetle (Cicindela patruela
patruela, Unprotected) in 1944; large grass - leaved rush (Juncus biflorus, New York State - Threatened) in 1928;
scotch lovage (Ligusticum scoticum ssp. scoticum, New York State - Endangered) in 1980; golden dock (Rumex
feuginus, New York State - Endangered) in 1926; and short fruit rush (Juncus brachicarpus, New York State -
Endangered) in 1940.
Woodland agrimony is a New York State - threatened plant of rich mesic forests, forested gorges, forested
slopes and streambanks, forested limestone benches, dry oak woods, wooded pastures on rich soil, shrub
thickets, and other mesic sites that are typically wooded and on calcareous soils (New York Natural Heritage
Program, 2021a). The New York Natural Heritage Program indicates that presence of woodland agrimony in
successional old fields and shrublands is probable, but not confirmed. Growing season surveys for this
species were not performed. Historical observation of woodland agrimony from the Orient area is reported
from 1932 by the New York Natural Heritage Program. Due to the absence of rich mesic forests or calcareous
geological conditions, the relatively recent abandonment of agricultural uses on the property in the early 2000s,
and the historical nature of the existing Heritage Program record (1932), woodland agrimony is not expected to
be found on the site nor are impacts to this species expected.
The remaining species inhabit various tidal and freshwater wetlands, maritime communities, and pine barrens
habitats including high salt marshes and salt shrub habitats (e.g. marsh fimbry, marsh straw sedge, sea pink,
scotch lovage, and golden dock), dredge spoil maritime shores and wetlands (e.g. small - flowered pearlwort),
maritime beaches and dunes (e.g. marsh straw sedge, scotch lovage, and golden dock), coastal plain
pondshores (e.g. large grass - leaved rush, and golden dock), emergent marsh and wet meadows (short -fruit
rush), and native upland pine or oak forests (large -grass leaved rush and scotch lovage) (New York Natural
Heritage Program, 2021 b -i). The rare barrens tiger beetle inhabits dry, sandy or rocky sites with pitch pine and
scrub oak (New York Natural Heritage Program, 2021j). Due to the absence of tidal or freshwater wetlands,
maritime beaches or dunes, or native upland pine or oak - dominated forests, none of the New York State -
protected species historically observed in Orient will be adversely impacted by the Proposed Action.
Comment 12 (pgs 27 -28): Response for comment 3.5.1
Eastern Box Turtle (Terrapene carolina)
Eastern box turtle (Terrapene carolina) is a New York State Species of Special Concern that may be found in a
wide variety of habitats including in open deciduous forests, woodlands, forested bottomlands, open field and
field edges, thickets, marshes, bogs, and stream banks. The eastern box turtle are known to inhabit
successional old fields and successional shrublands ( NYSDEC, 2013) and are expected to be found on -site.
Eastern box turtles are threatened by development of their habitat, mortality on roadways, mortality from
570 Expressway Drive South, Suite 2F, Medford, NY 11763
Phone: (631)- 727 -2400 Fax: (631)- 727 -2605
A -228 Lahti Engineering- The Orchards FEIS (Town of Southold) 3/4
2595 Orchard Street, Orient (SCTM #: 1000- 27 -1 -3)
mowing of lawns and early successional habitats, predation of nests by raccoons and foxes, and collection as
pets.
The project would result in a loss of approximately 13.3 acres of habitat for eastern box turtle that has
developed since the abandonment of agricultural uses. The proposed conditions will provide poor habitat for
eastern box turtle (Terrapene carolina) due to potential mortality from mowers in maintained lawn areas and
vehicles in roads. Box turtles are expected to be found on and to utilize the successional old field and
successional shrubland habitats on site. However, the proposed action is not likely to pose a significant impact
to this species due to the regional abundance of suitable habitat. Furthermore, the abundance of box turtles
on the subject property is likely limited by 1) the recent development of the on -site suitable habitat (since
abandonment of agricultural uses in the early 2000s), 2) the presence of many adjacent and nearby properties
that are not high - quality habitat for box turtles due risk of mortality from mowing and mortality on adjacent
roads, and 3) the difficulty for colonization of new habitats by box turtles due to their modest dispersal
capabilities and long duration to sexual maturity (5 -10 years) (Gibbs et al, 2007)
Northern Long -eared Bat (Myotis septentrionalis) Response for comment 3.5.2
Northern long -eared bats (Myotis septentrionalis) are typically associated with mature interior forest (Carroll et
al, 2002) and tend to avoid woodlands with significant edge habitat (Yates and Muzika, 2006). Successional
old fields and successional shrublands are not listed among the more than thirty habitat types (nearly all forest
and woodland communities) identified as being utilized by northern long -eared bat by the New York Natural
Heritage Program (NYNHP, 2021 k). During the growing season, northern long -eared bat during the day in tree
cavities, underneath bark, and in crevices or hollows of both live and dead trees and /or snags typically >_3
inches in diameter (USFWS, 2014). The absence of forest or woodland habitat and low abundance of trees
greater than >3 inches in diameter indicates that the site does not provide suitable summer foraging habitat or
roosting sites for northern long -eared bat and that the proposed project will not have any adverse impact to this
species.
Literature Cited
Carroll SK, TC Carter, and GA Feldhamer. 2002. Placement of nets for bats: effects on
perceived fauna. Southeastern Naturalist 1:193 -198.
Gibbs JP, AR Breisch, PK Ducey, G Johnson, JL Behler, and RC Bothner. 2007. The
amphibians and reptiles of New York state. Oxford University Press, New York. 422 pp.
New York State Department of State. 2002. Long Beach Bay Coastal Fish and Wildlife Habitat
Assessment Form. New York State Department of State. Albany, New York 7 pgs.
www.dos.ny.gov /opd /programs/ consistency/ Habitats /Longisland /Long_Beach_Bay.pdf
New York State Department of Environmental Conservation. 2013. Woodland Box Turtle -
Species Status Assessment. 14 pgs .https: / /www.dec.ny.gov /docs/ wildlife _pdf /sgcnwoodlandboxturti.pdf
New York Natural Heritage Program. 2021 a. Online Conservation Guide for Agnmonia
rostellata. Available from: https: // guides .nynhp.org /woodland - agrimony /. Accessed March 4, 2021.
New York Natural Heritage Program. 2021 b. Online Conservation Guide for Fimbristylis castanea. Available
from: https: / /guides.nynhp.org /marsh - fimbry /. Accessed March 4, 2021.
New York Natural Heritage Program. 2021 c. Online Conservation Guide for Sagina decumbens ssp.
decumbens. Available from: https: // guides .nynhp.org /trailing - pearlwort /. Accessed March 4, 2021.
New York Natural Heritage Program. 2021 d. Online Conservation Guide for Carex hormathodes. Available
from: https:Hguides.nynhp.org /marsh - straw - sedge /. Accessed March 5, 2021.
New York Natural Heritage Program. 2021 e. Online Conservation Guide for Sabatia stellaris. Available from:
https : / /guides.nynhp.org /sea - pink /. Accessed March 5, 2021.
New York Natural Heritage Program. 2021f. Online Conservation Guide for Cicindela patruela patruela.
Available from: https: / / guides.nynhp.org / northern - barrens - tiger - beetle /. Accessed March 5, 2021.
New York Natural Heritage Program. 2021 g. Online Conservation Guide for Juncus biflorus. Available from:
https: // guides .nynhp.org /large - grass - leaved- rush /. Accessed March 5, 2021.
New York Natural Heritage Program. 2021 h. Online Conservation Guide for Ligusticum scoticum ssp.
scoticum.
570 Expressway Drive South, Suite 2F, Medford, NY 11763
Phone: (631)- 727 -2400 Fax: (631)- 727 -2605
A -229 Lahti Engineering- The Orchards FEIS (Town of Southold) 4/4
2595 Orchard Street, Orient (SCTM #: 1000- 27 -1 -3)
Available from: https: / /guides.nynhp.org /scotch - lovage /. Accessed March 5, 2021.
New York Natural Heritage Program. 2021 i. Online Conservation Guide for Rumex fueginus. Available from:
https: / /guides.nynhp.org /golden- dock /. Accessed March 5, 2021.
New York Natural Heritage Program. 2021j. Online Conservation Guide for Juncus brachycarpus. Available
from: https: / /guides.nynhp.org /short- fruited - rush /. Accessed March 5, 2021.
New York Natural Heritage Program. 2021 k. Online Conservation Guide for Myotis
septentrionalis. Available from: https: / /guides.nynhp.org /northern -long- eared -bat/. Accessed March 5,
2021.
US Fish and Wildlife Services. 2014. Northern long -eared bat Interim Conference and Planning
Guidance (USFWS Regions 2, 3, 4, 5, & 6)
https: / /www.fws.gov/ northeast / virginiafield/ pdf/ NLEBinterimGuidance6Jan2O14.pdf
Yates M and R Muzika. 2006. Effect of forest structure and fragmentation on site occupancy of
bat species in Missouri Ozark forests. Journal of Wildlife Management 70:1238 -1248.
570 Expressway Drive South, Suite 2F, Medford, NY 11763
Phone: (631)- 727 -2400 Fax: (631)- 727 -2605