HomeMy WebLinkAbout20230809_TE_Study Oak Island Sand Mine
Threatened and Endangered Species Report
Prepared for:
Mr. Russell Carter
Oak Island Ptnr. LLC, Oak Island Land and Timber, LLC
806 N. 23rd St.
Wilmington,NC 28405
Prepared By:
Southern Environmental Group,Inc.
5315 South College Road, Suite E
Wilmington,NC 28412
(910)452-2711
June 2, 2023
1.0 Introduction
This Endangered Species Report has been requested by Oak Island Ptnr. LLC and Oak Island Land and
Timber,LLC,to determine whether protected species are located within the subject site,herein referred to
as the Oak Island Sand Mine.
2.0 Site Location
The subject site is shown below, and is indicated by a blue border:
Figure 1: Aerial photo of subject site
The 172.15-acre subject site is located north of U.S. Highway 17, 1.9 miles NW down an unimproved road
referred to as South U.S. 17 on current street maps, in Hampstead,Pender County,North Carolina.
3.0 Site Description
The subject site can be characterized as a long leaf pine savannah/pocosin mosaic, which is comprised of
tree species including long-leaf pine (Pious palustris), loblolly pine (Pinus taeda), pond pine (Pinus
serotina), swamp gum (Nyssa aquatica), sweet gum (Liquidambar styraciflua), and red maple (Acer
rubrum), and bay trees in the genera Persea, Gordonia, and Magnolia, along with understory species
including tall gallberry(Ilex coriacea),titi (Cyrilla racemiflora), and fedder bush(Lyonia lucida). Woody
vines are extensive, and include muscadine grape (Vitis rotundifolia), yellow jasmine (Gelsemium
sempervirens), and green briars of the genera Smilax.
4.0 Protected Species
According to the U.S. Fish and Wildlife Service (USFWS) Endangered Species website and data taken
from their IPaC Trust Resources Report(see Attachment A), 12 protected species, 1 proposed endangered,
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and 1 candidate species are known to occur in Pender County. From review of the habitat requirements of
the listed plants and animals for Pender County,it was determined that there is the potential for occurrence
of 5 of the listed species within the subject site. The listed species include: the Northern long-eared bat
(Myotis septentrionalis), the red-cockaded woodpecker (Picoides borealis); Cooley's meadowrue
(Thalictrum cooleyi); Golden Sedge (Carex lutea) and the rough-leaved loosestrife (Lysimachia
asperulaefolia).
5.0 Investigative Methods
Our firm's experienced biologists have conducted extensive on-site field investigations for wetlands and
protected species within all parts of the subject site.
6.0 Baseline Information on the Listed Species
6.1 Northern long-eared bat
According to the U.S.Fish and Wildlife Service,the northern long-eared bat is a medium-sized bat
about 3 to 3.7 inches in length but with a wingspan of 9 to 10 inches. They hibernate in caves and
mines. They may be found swarming in surrounding wooded areas in autumn. During late spring
and summer this species roosts and forages in upland forests.
6.2 Red-cockaded woodpecker
For nesting/roosting,this species needs open stands of pine containing trees 60 years old and older.
These birds need older, live pines, in which they excavate their cavities. Longleaf pines are most
used, but other species of southern pine, such as pond pine (Pinus serotina) are also acceptable.
Dense stands(stands that are primarily hardwoods, or that have a dense hardwood understory)are
avoided.Generally,foraging habitat is found in pine and pine-hardwood stands,with trees 30 years
old and older, with foraging preferences for pine trees six inches or larger in DBH. In good,
moderately stocked pine habitat, sufficient foraging substrate can be found on 80 to 125 acres.
6.3 Cooley's meadowrue
According to the U.S. Fish and Wildlife Service, Cooley's meadowrue occurs in moist to wet bogs
and savannas. It grows along fire plow lines,roadside ditches,woodland clearings, and power line
rights-of-way, and needs some type of disturbance to maintain its open habitat. Plants often found
growing with the meadowrue include tulip poplar growing with cypress and/or Atlantic white cedar
(Leonard 1987).
6.4 Golden Sedge
Golden sedge grows in sandy soils overlying coquina limestone deposits, where the soil pH is
unusually high for this region,typically between 5.5 and 7.2. Soils supporting the species are very
wet to periodically shallowly inundated. The species prefers the ecotone (narrow transition zone
between two diverse ecological communities) between the pine savanna and adjacent wet
hardwood or hardwood/conifer forest. Most plants occur in the partially shaded savanna/swamp
where occasional, to frequent fires favor an herbaceous ground layer and suppress shrub
dominance. Other species with which this sedge grows include tulip poplar (Liriodendron
tulipifera), pond cypress (Taxodium ascendens), red maple (Acer rubrum), wax myrtle (Morella
cerifera), colic root (Aletris farinosa), and several species of beakrush (Rhynchospora spp.). At
most sites, golden sedge shares its habitat with Cooley's meadowrue and with Thome's beakrush
(Rhynchospora thornei), a species of concern in N.0
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6.5 Rough-leaved loosestrife
This species generally occurs in the ecotones or edges between long leaf pine uplands and pond
pine pocosins (areas of dense shrub and vine growth usually on a wet, peaty,poorly drained soil)
(Barry 1980),on moist to seasonally saturated sands and on shallow organic soils overlaying sand.
Rough-leaved loosestrife has also been found on deep peat in the low shrub community of large
Carolina bays(shallow,elliptical,poorly drained depressions of unknown origin)(Matthews et al.,
1980). The grass-shrub ecotone,where rough-leaved loosestrife is found,is fire-maintained, as are
the adjacent plant communities (long leaf pine - scrub oak, savanna, flatwoods, and pocosin).
Suppression of naturally occurring fire in these ecotones results in shrubs increasing in density and
height and expanding to eliminate the open edges required by this plant.
7.0 Findings
7.1 Northern long-eared bat
The Northern long-eared bat roosts in trees or buildings in the warmer months, rarely in caves.
However, in winter, it uses caves and other heavily sheltered spots almost exclusively. In the
Coastal Plain, it roosts inside hollow trees or other openings inside tree trunks. There are no
sweetgum(the preferred roost tree type,according the USFWS data)located across the subject site.
No northern long-eared bats were observed during our site inspection.
7.2 Red-cockaded woodpecker
According to the N.C. Natural Heritage Program (NCNHP) Element Occurrence database, the
closest occurrence is 3.8 miles southwest of the subject site.The subject site has a dense understory
and lacks pine trees of the appropriate age and size.No RCW nests or live birds, cavities,or starts
were observed on or adjacent to the subject site. It is our opinion that mining activity is not likely
to adversely impact nest activity or foraging resources of red-cockaded woodpeckers.
7.3 Cooley's meadowrue
Most of the forest within the subject site has been managed by timbering multiple times within the
last century. No other management of the site has occurred, including lack of fire, resulting in a
generally dense understory across the subject site. The wetland types present on-site don't have the
necessary habitat components required for this species.No Cooley's meadowrue was found during
site surveys. It is our opinion that mining activity is not likely to adversely impact Cooley's
meadowrue.
7.4 Golden Sedge
According to the N.C. Natural Heritage Program (NCNHP) Element Occurrence database, the
closest occurrence is 5.5 miles northwest of the subject site. Most of the forest within the subject
site has been managed by timbering multiple times within the last century. The subject site lacks
the frequent fires required of this species to maintain an open understory.The area is not overlaying
shallow limestone deposits. No golden sedge was found during the site survey. It is our opinion
that mining activity is not likely to adversely impact the golden sedge.
7.5 Rough-leaved loosestrife
Most of the forest within the subject site has been managed by timbering multiple times within the
last century. The subject site lacks the frequent fires required of this species to maintain an open
understory. The wetland type present on-site does not have the necessary habitat components
required for this species. No rough-leaved loosestrife was found during the site survey. It is our
opinion that mining activity is not likely to adversely impact rough-leaved loosestrife.
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8.0 Summary
The subject site was evaluated to determine the presence or absence of protected plant and animal species,
namely the Northern long-eared bat, red-cockaded woodpecker, Cooley's meadowrue, golden sedge, and
the rough-leaved loosestrife. There were no roost trees or hollow trees observed within the subject site
suitable for the Northern long-eared bat. Thus, it is anticipated that no impact to Northern long-eared bats
will occur as a result of development of the subject site. There were no red-cockaded woodpecker cavity
trees or starts found with the limits of subject site. Thus, it is anticipated that no impact to woodpecker
cavity trees, starts, or foraging resources will occur as a result of development of the subject site. The
preferred habitat of the listed plant species is generally found within the limits of the site, however, none
of the protected plants were found within the subject site. With that, it is anticipated that no impact to
Cooley's meadowrue, golden sedge, or the rough-leaved loosestrife will occur as a result of mining the
subject site.
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Appendix A
IPaC Trust Resources Report
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United States Department of the Interior
FISH AND WILDLIFE SERVICE
'0-9CH 3k$5 Raleigh Ecological Services Field Office
Post Office Box 33726
Raleigh,NC 27636-3726
Phone: (919)856-4520 Fax: (919)856-4556
In Reply Refer To: May 17, 2023
Project Code: 2023-0082658
Project Name: Oak Island Sand Mine
Subject: List of threatened and endangered species that may occur in your proposed project
location or may be affected by your proposed project
To Whom It May Concern:
The enclosed species list identifies threatened, endangered, proposed and candidate species, as
well as proposed and final designated critical habitat, that may occur within the boundary of your
proposed project and/or may be affected by your proposed project. The species list fulfills the
requirements of the U.S. Fish and Wildlife Service (Service) under section 7(c) of the
Endangered Species Act (Act) of 1973, as amended(16 U.S.C. 1531 et seq.). If your project area
contains suitable habitat for any of the federally-listed species on this species list, the proposed
action has the potential to adversely affect those species. If suitable habitat is present, surveys
should be conducted to determine the species'presence or absence within the project area. The
use of this species list and/or North Carolina Natural Heritage program data should not be
substituted for actual field surveys.
New information based on updated surveys, changes in the abundance and distribution of
species, changed habitat conditions, or other factors could change this list. Please feel free to
contact us if you need more current information or assistance regarding the potential impacts to
federally proposed, listed, and candidate species and federally designated and proposed critical
habitat. Please note that under 50 CFR 402.12(e) of the regulations implementing section 7 of the
Act, the accuracy of this species list should be verified after 90 days. This verification can be
completed formally or informally as desired. The Service recommends that verification be
completed by visiting the ECOS-IPaC website at regular intervals during project planning and
implementation for updates to species lists and information.An updated list may be requested
through the ECOS-IPaC system by completing the same process used to receive the enclosed list.
The purpose of the Act is to provide a means whereby threatened and endangered species and the
ecosystems upon which they depend may be conserved. Under sections 7(a)(1) and 7(a)(2) of the
Act and its implementing regulations (50 CFR 402 et seq.), Federal agencies are required to
utilize their authorities to carry out programs for the conservation of threatened and endangered
05/17/2023 2
species and to determine whether projects may affect threatened and endangered species and/or
designated critical habitat.
A Biological Assessment is required for construction projects (or other undertakings having
similar physical impacts)that are major Federal actions significantly affecting the quality of the
human environment as defined in the National Environmental Policy Act(42 U.S.C. 4332(2)
(c)). For projects other than major construction activities, the Service suggests that a biological
evaluation similar to a Biological Assessment be prepared to determine whether the project may
affect listed or proposed species and/or designated or proposed critical habitat. Recommended
contents of a Biological Assessment are described at 50 CFR 402.12.
If a Federal agency determines, based on the Biological Assessment or biological evaluation, that
listed species and/or designated critical habitat may be affected by the proposed project, the
agency is required to consult with the Service pursuant to 50 CFR 402. In addition, the Service
recommends that candidate species, proposed species and proposed critical habitat be addressed
within the consultation. More information on the regulations and procedures for section 7
consultation, including the role of permit or license applicants, can be found in the "Endangered
Species Consultation Handbook" at:
http://www.fws.gov/endangered/esa-library/pdf/TOC-GLOS.PDF
Migratory Birds: In addition to responsibilities to protect threatened and endangered species
under the Endangered Species Act(ESA), there are additional responsibilities under the
Migratory Bird Treaty Act(MBTA) and the Bald and Golden Eagle Protection Act(BGEPA)to
protect native birds from project-related impacts.Any activity, intentional or unintentional,
resulting in take of migratory birds, including eagles, is prohibited unless otherwise permitted by
the U.S. Fish and Wildlife Service (50 C.F.R. Sec. 10.12 and 16 U.S.C. Sec. 668(a)). For more
information regarding these Acts see https://www.fws.gov/birds/policies-and-regulations.php.
The MBTA has no provision for allowing take of migratory birds that may be unintentionally
killed or injured by otherwise lawful activities. It is the responsibility of the project proponent to
comply with these Acts by identifying potential impacts to migratory birds and eagles within
applicable NEPA documents (when there is a federal nexus) or a Bird/Eagle Conservation Plan
(when there is no federal nexus). Proponents should implement conservation measures to avoid
or minimize the production of project-related stressors or minimize the exposure of birds and
their resources to the project-related stressors. For more information on avian stressors and
recommended conservation measures see https://www.fws.gov/birds/bird-enthusiasts/threats-to-
birds.php.
In addition to MBTA and BGEPA, Executive Order 13186: Responsibilities of Federal Agencies
to Protect Migratory Birds, obligates all Federal agencies that engage in or authorize activities
that might affect migratory birds, to minimize those effects and encourage conservation measures
that will improve bird populations. Executive Order 13186 provides for the protection of both
migratory birds and migratory bird habitat. For information regarding the implementation of
Executive Order 13186, please visit https://www.fws.govibirds/policies-and-regulations/
executive-orders/e0-13186.php.
05/17/2023 3
We appreciate your concern for threatened and endangered species. The Service encourages
Federal agencies to include conservation of threatened and endangered species into their project
planning to further the purposes of the Act. Please include the Consultation Code in the header of
this letter with any request for consultation or correspondence about your project that you submit
to our office.
Attachment(s):
■ Official Species List
• Migratory Birds
05/17/2023 1
OFFICIAL SPECIES LIST
This list is provided pursuant to Section 7 of the Endangered Species Act, and fulfills the
requirement for Federal agencies to "request of the Secretary of the Interior information whether
any species which is listed or proposed to be listed may be present in the area of a proposed
action".
This species list is provided by:
Raleigh Ecological Services Field Office
Post Office Box 33726
Raleigh, NC 27636-3726
(919) 856-4520
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PROJECT SUMMARY
Project Code: 2023-0082658
Project Name: Oak Island Sand Mine
Project Type: Subsurface Extraction - Non Energy Materials
Project Description: Sand Mine
Project Location:
The approximate location of the project can be viewed in Google Maps: https://
www.google.com/maps/(a)34.50124355,-77.59282757094837,14z
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Counties: Pender County, North Carolina
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ENDANGERED SPECIES ACT SPECIES
There is a total of 14 threatened, endangered, or candidate species on this species list.
Species on this list should be considered in an effects analysis for your project and could include
species that exist in another geographic area. For example, certain fish may appear on the species
list because a project could affect downstream species.
IPaC does not display listed species or critical habitats under the sole jurisdiction of NOAA
Fisheries1, as USFWS does not have the authority to speak on behalf of NOAA and the
Department of Commerce.
See the "Critical habitats" section below for those critical habitats that lie wholly or partially
within your project area under this office's jurisdiction. Please contact the designated FWS office
if you have questions.
1. NOAA Fisheries, also known as the National Marine Fisheries Service (NMFS), is an
office of the National Oceanic and Atmospheric Administration within the Department of
Commerce.
MAMMALS
NAME STATUS
Northern Long-eared Bat Myotis septentrionalis Endangered
No critical habitat has been designated for this species.
Species profile:https://ecos.fws.gov/ecp/species/9045
Tricolored Bat Perimyotis sub flavus Proposed
No critical habitat has been designated for this species. Endangered
Species profile:https:Hecos.fws.gov/ecp/species/10515
BIRDS
NAME STATUS
Piping Plover Charadrius melodus Threatened
Population: [Atlantic Coast and Northern Great Plains populations]-Wherever found,except
those areas where listed as endangered.
There is final critical habitat for this species.Your location does not overlap the critical habitat.
Species profile:https:Hecos.fws.gov/ecp/species/6039
Red Knot Calidris canutus rufa Threatened
There is proposed critical habitat for this species.
Species profile:https:Hecos.fws.gov/ecp/species/1864
Red-cockaded Woodpecker Picoides borealis Endangered
No critical habitat has been designated for this species.
Species profile:httpss:Hecos.fws.gov/ecp/species/7614
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REPTILES
NAME STATUS
American Alligator Alligator mississippiensis Similarity of
No critical habitat has been designated for this species. Appearance
Species profile:https://ecos.fws.gov/ecp/species/776 (Threatened)
Green Sea Turtle Chelonia mydas Threatened
Population:North Atlantic DPS
There is final critical habitat for this species.Your location does not overlap the critical habitat.
Species profile:https:Hecos.fws.gov/ecp/species/6199
Kemp's Ridley Sea Turtle Lepidochelys kempii Endangered
There is proposed critical habitat for this species.
Species profile:https:Hecos.fws.gov/ecp/species/5523
Leatherback Sea Turtle Dermochelys coriacea Endangered
There is final critical habitat for this species.Your location does not overlap the critical habitat.
Species profile:https:Hecos.fws.gov/ecp/species/1493
Loggerhead Sea Turtle Caretta caretta Threatened
Population:Northwest Atlantic Ocean DPS
There is final critical habitat for this species.Your location does not overlap the critical habitat.
Species profile:https:Hecos.fws.gov/ecp/species/1110
INSECTS
NAME STATUS
Monarch Butterfly Danaus plexippus Candidate
No critical habitat has been designated for this species.
Species profile:https:Hecos.fws.gov/ecp/species/9743
FLOWERING PLANTS
NAME STATUS
Cooley's Meadowrue Thalictrum cooleyi Endangered
No critical habitat has been designated for this species.
Species profile:https:Hecos.fws.gov/ecp/species/3281
Golden Sedge Carex lutea Endangered
There is final critical habitat for this species.Your location does not overlap the critical habitat.
Species profile:https:Hecos.fws.gov/ecp/species/6025
Rough-leaved Loosestrife Lysimachia asperulaefolia Endangered
No critical habitat has been designated for this species.
Species profile:https:Hecos.fws.gov/ecp/species/2747
CRITICAL HABITATS
THERE ARE NO CRITICAL HABITATS WITHIN YOUR PROJECT AREA UNDER THIS OFFICE'S
JURISDICTION.
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YOU ARE STILL REQUIRED TO DETERMINE IF YOUR PROJECT(S)MAY HAVE EFFECTS ON ALL
ABOVE LISTED SPECIES.
05/17/2023
MIGRATORY BIRDS
Certain birds are protected under the Migratory Bird Treaty Act! and the Bald and Golden Eagle
Protection Act2.
Any person or organization who plans or conducts activities that may result in impacts to
migratory birds, eagles, and their habitats should follow appropriate regulations and consider
implementing appropriate conservation measures, as described below.
1. The Migratory Birds Treaty Act of 1918.
2. The Bald and Golden Eagle Protection Act of 1940.
3. 50 C.F.R. Sec. 10.12 and 16 U.S.C. Sec. 668(a)
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 find in this location,
nor a guarantee that every bird on this list will be found in your project area. To see exact
locations of where birders and the general public have sighted birds in and around your project
area, visit the E-bird data mapping tool (Tip: enter your location, desired date range and a species
on your list). For projects that occur off the Atlantic Coast, additional maps and models detailing
the relative occurrence and abundance of bird species on your list are available. Links to
additional information about Atlantic Coast birds, and other important information about your
migratory bird list, including how to properly interpret and use your migratory bird report, can be
found below.
For guidance on when to schedule activities or implement avoidance and minimization measures
to reduce impacts to migratory birds on your list, click on the PROBABILITY OF PRESENCE
SUMMARY at the top of your list to see when these birds are most likely to be present and
breeding in your project area.
NAME BREEDING SEASON
Brown-headed Nuthatch Sitta pusilla Breeds Mar 1 to Jul
This is a Bird of Conservation Concern(BCC)only in particular Bird Conservation 15
Regions(SCRs)in the continental USA
Prairie Warbler Dendroica discolor Breeds May 1 to Jul
This is a Bird of Conservation Concern(BCC)throughout its range in the continental 31
USA and Alaska.
Prothonotary Warbler Protonotaria citrea Breeds Apr 1 to Jul
This is a Bird of Conservation Concern(BCC)throughout its range in the continental 31
USA and Alaska.
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NAME BREEDING SEASON
Red-headed Woodpecker Melanerpes erythrocephalus Breeds May 10 to
This is a Bird of Conservation Concern(BCC)throughout its range in the continental Sep 10
USA and Alaska.
PROBABILITY OF PRESENCE SUMMARY
The graphs below provide our best understanding of when birds of concern are most likely to be
present in your project area. This information can be used to tailor and schedule your project
activities to avoid or minimize impacts to birds. Please make sure you read and understand the
FAQ "Proper Interpretation and Use of Your Migratory Bird Report" before using or attempting
to interpret this report.
Probability of Presence (■)
Each green bar represents the bird's relative probability of presence in the 10km grid cell(s) your
project overlaps during a particular week of the year. (A year is represented as 12 4-week
months.)A taller bar indicates a higher probability of species presence. The survey effort(see
below) can be used to establish a level of confidence in the presence score. One can have higher
confidence in the presence score if the corresponding survey effort is also high.
How is the probability of presence score calculated?The calculation is done in three steps:
1. The probability of presence for each week is calculated as the number of survey events in
the week where the species was detected divided by the total number of survey events for
that week. For example, if in week 12 there were 20 survey events and the Spotted Towhee
was found in 5 of them, the probability of presence of the Spotted Towhee in week 12 is
0.25.
2. To properly present the pattern of presence across the year, the relative probability of
presence is calculated. This is the probability of presence divided by the maximum
probability of presence across all weeks. For example, imagine the probability of presence
in week 20 for the Spotted Towhee is 0.05, and that the probability of presence at week 12
(0.25) is the maximum of any week of the year. The relative probability of presence on
week 12 is 0.25/0.25 = 1; at week 20 it is 0.05/0.25 = 0.2.
3. The relative probability of presence calculated in the previous step undergoes a statistical
conversion so that all possible values fall between 0 and 10, inclusive. This is the
probability of presence score.
Breeding Season ( )
Yellow bars denote a very liberal estimate of the time-frame inside which the bird breeds across
its entire range. If there are no yellow bars shown for a bird, it does not breed in your project
area.
Survey Effort (1)
Vertical black lines superimposed on probability of presence bars indicate the number of surveys
performed for that species in the 10km grid cell(s) your project area overlaps. The number of
surveys is expressed as a range, for example, 33 to 64 surveys.
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No Data (—)
A week is marked as having no data if there were no survey events for that week.
Survey Timeframe
Surveys from only the last 10 years are used in order to ensure delivery of currently relevant
information. The exception to this is areas off the Atlantic coast, where bird returns are based on
all years of available data, since data in these areas is currently much more sparse.
■probability of presence breeding season I survey effort —no data
SPECIES JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC
BNuthach CC tBCRed ———— ---- IIII IIII IIII IIII III' ----
--I- ----
----
----
Prairie Warbler BCC Rangewide ---- ---- ---- 11 - IIII IIII IIII ---- ---- ---- ---- ----
(CON)
Prothoneotary
Warbl __-- _--- ---- IIII IIII IIII IIII ---- ---- ---- ---- ----
BCC Rangewide
(CON)
Red-headed Woodpecker ———— ———— ———— ——— -- ———— ———— ————
BCC Rangewide
(CON)
Additional information can be found using the following links:
• Birds of Conservation Concern https://www.fws.gov/program/migratory-birds/species
■ Measures for avoiding and minimizing impacts to birds https://www.fws.gov/librur /
collections/avoiding-and-minimizing-incidental-take-migratory-birds
■ Nationwide conservation measures for birds https://www.fws.gov/sites/default/files/
documents/nationwide-standard-conservation-measures.pdf
MIGRATORY BIRDS FAQ
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 or permits
05/17/2023
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 list of migratory birds that potentially occur in my
specified location?
The Migratory Bird Resource List is comprised of USFWS Birds of Conservation Concern
(BCQ and other species that may warrant special attention in your project location.
The migratory bird list generated for your project is derived from data provided by the Avian
Knowledge Network (AKN). The AKN data is based on a growing collection of survey, banding,
and citizen science datasets and is queried and filtered to return a list of those birds reported as
occurring in the 10km grid cell(s)which your project intersects, and that have been identified as
warranting special attention because they are a BCC species in that area, an eagle (Eagle Act
requirements may apply), or a species that has a particular vulnerability to offshore activities or
development.
Again, the Migratory Bird Resource list includes only a subset of birds that may occur in your
project area. It is not representative of all birds that may occur in your project area. To get a list
of all birds potentially present in your project area, please visit the Rapid Avian Information
Locator(RAIL)Tool.
What does IPaC use to generate the probability of presence graphs for the migratory birds
potentially occurring in my specified location?
The probability of presence graphs associated with your migratory bird list are based on data
provided by the Avian Knowledge Network(AKN). This data is derived from a growing
collection of survey, banding, and citizen science datasets.
Probability of presence data is continuously being updated as new and better information
becomes available. To learn more about how the probability of presence graphs are produced and
how to interpret them, go the Probability of Presence Summary and then click on the "Tell me
about these graphs" link.
How do I know if a bird is breeding,wintering or migrating in my area?
To see what part of a particular bird's range your project area falls within (i.e. breeding,
wintering, migrating or year-round), you may query your location using the RAIL Tool and look
at the range maps provided for birds in your area at the bottom of the profiles provided for each
bird in your results. If a bird on your migratory bird species list has a breeding season associated
with it, if that bird does occur in your project area, there may be nests present at some point
within the timeframe specified. If "Breeds elsewhere" is indicated, then the bird likely does not
breed in your project area.
What are the levels of concern for migratory birds?
Migratory birds delivered through IPaC fall into the following distinct categories of concern:
1. "BCC Rangewide" birds are Birds of Conservation Concern (BCC) that are of concern
throughout their range anywhere within the USA(including Hawaii, the Pacific Islands,
Puerto Rico, and the Virgin Islands);
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2. 'BCC - BCR" birds are BCCs that are of concern only in particular Bird Conservation
Regions (BCRs) in the continental USA; and
3. "Non-BCC -Vulnerable" birds are not BCC species in your project area, but appear on
your list either because of the Eagle Act requirements (for eagles) or(for non-eagles)
potential susceptibilities in offshore areas from certain types of development or activities
(e.g. offshore energy development or longline fishing).
Although it is important to try to avoid and minimize impacts to all birds, efforts should be made,
in particular, to avoid and minimize impacts to the birds on this list, especially eagles and BCC
species of rangewide concern. For more information on conservation measures you can
implement to help avoid and minimize migratory bird impacts and requirements for eagles,
please see the FAQs for these topics.
Details about birds that are potentially affected by offshore projects
For additional details about the relative occurrence and abundance of both individual bird species
and groups of bird species within your project area off the Atlantic Coast, please visit the
Northeast Ocean Data Portal. The Portal also offers data and information about other taxa besides
birds that may be helpful to you in your project review.Alternately, you may download the bird
model results files underlying the portal maps through the NOAA NCCOS Integrative Statistical
Modeling and Predictive Mapping of Marine Bird Distributions and Abundance on the Atlantic
Outer Continental Shelf project webpage.
Bird tracking data can also provide additional details about occurrence and habitat use
throughout the year, including migration. Models relying on survey data may not include this
information. For additional information on marine bird tracking data, see the Diving Bird Study
and the nanotag studies or contact Caleb Spiegel or Pam Lorin.
What if I have eagles on my list?
If your project has the potential to disturb or kill eagles, you may need to obtain a permit to avoid
violating the Eagle Act should such impacts occur.
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 specified location". Please be
aware this report provides the "probability of presence" of birds within the 10 km grid cell(s)that
overlap your project; not your exact project footprint. On the graphs provided, please also look
carefully at the survey effort (indicated by the black vertical bar) and for the existence of the "no
data" indicator (a red horizontal bar).A high survey effort is the key component. If the survey
effort is high, then the probability of presence score can be viewed as more dependable. In
contrast, a low survey effort bar or no data bar means a lack of data and, therefore, a lack of
certainty about presence of the species. This list is not perfect; it is simply a starting point for
identifying what birds of concern have the potential to be in your project area, when they might
be there, and if they might be breeding (which means nests might be present). The list helps you
know what to look for to confirm presence, and helps guide you in knowing when to implement
conservation measures to avoid or minimize potential impacts from your project activities,
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should presence be confirmed. To learn more about conservation measures, visit the FAQ "Tell
me about conservation measures I can implement to avoid or minimize impacts to migratory
birds" at the bottom of your migratory bird trust resources page.
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IPAC USER CONTACT INFORMATION
Agency: Southern Environmental Group, Inc.
Name: David Scibetta
Address: 5315 S. College Road Suite E
City: Wilmington
State: NC
Zip: 28412
Email dscibetta@segi.us
Phone: 9104522711