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HomeMy WebLinkAbout20191461 Ver 1_PooleRd_Self_Certify_Letter_20191025QP4S�EN7 OF Pic i o 3.16 United States Department of the Project Name FISH AND WILDLIFE SERVICE Raleigh Field Office P.O. Box 33726 Raleigh, NC 27636-3726 Date:10/10/2019 Self -Certification Letter Widening Poole Road from Maybrook Drive/ Hickory Hollow Lane to earwell Road Dear Applicant: FLlA1&Wl1WM E Interior 791 Thank you for using the U.S. Fish and Wildlife Service (Service) Raleigh Ecological Services online project review process. By printing this letter in conjunction with your project review package, you are certifying that you have completed the online project review process for the project named above in accordance with all instructions provided, using the best available information to reach your conclusions. This letter, and the enclosed project review package, completes the review of your project in accordance with the Endangered Species Act of 1973 (16 U.S.C. 1531-1544, 87 Stat. 884), as amended (ESA), and the Bald and Golden Eagle Protection Act (16 U.S.C. 668-668c, 54 Stat. 250), as amended (Eagle Act). This letter also provides information for your project review under the National Environmental Policy Act of 1969 (P.L. 91-190, 42 U.S.C. 4321-4347, 83 Stat. 852), as amended. A copy of this letter and the project review package must be submitted to this office for this certification to be valid. This letter and the project review package will be maintained in our records. The species conclusions table in the enclosed project review package summarizes your ESA and Eagle Act conclusions. Based on your analysis, mark all the determinations that apply: "no effect" determinations for proposed/listed species and/or ❑✓ proposed/designated critical habitat; and/or ❑✓ "may affect, not likely to adversely affect" determinations for proposed/listed species and/or proposed/designated critical habitat; and/or ❑✓ "may affect, likely to adversely affect" determination for the Northern long- eared bat (Myotis septentrionalis) and relying on the findings of the January 5, 2016, Programmatic Biological Opinion for the Final 4(d) Rule on the Northern long-eared bat; ❑✓ "no Eagle Act permit required" determinations for eagles. Applicant Page 2 We certify that use of the online project review process in strict accordance with the instructions provided as documented in the enclosed project review package results in reaching the appropriate determinations. Therefore, we concur with the "no effect" or "not likely to adversely affect" determinations for proposed and listed species and proposed and designated critical habitat; the "may affect" determination for Northern long-eared bat; and/or the "no Eagle Act permit required" determinations for eagles. Additional coordination with this office is not needed. Candidate species are not legally protected pursuant to the ESA. However, the Service encourages consideration of these species by avoiding adverse impacts to them. Please contact this office for additional coordination if your project action area contains candidate species. Should project plans change or if additional information on the distribution of proposed or listed species, proposed or designated critical habitat, or bald eagles becomes available, this determination may be reconsidered. This certification letter is valid for 1 year. Information about the online project review process including instructions, species information, and other information regarding project reviews within North Carolina is available at our website http://www.fws.gov/raleigh/pp.html. If you have any questions, you can write to us at Raleigh@fws.gov or please contact Leigh Mann of this office at 919-856-4520, ext. 10. Sincerely, /s/Pete Benjamin Pete Benjamin Field Supervisor Raleigh Ecological Services Enclosures - project review package Cn c CD CD sv m D 0 0 Q CD Q a 0 `° o m O � v 2) CT o `° C CD _ CD 3 5- -0 Cn C CD 0 iv � O — CCD CDD 3 CD O a CD O w 0) a CT cn O C C 0 3 C .G a _0 O 0 ca -0 v O I'sCn CD m M Cl Cn -O O CD n c CD C in CD a w 0 CD O G Q CD a CD cn O C n CD cn O 3 w 77 CD 7 z ao o n cn L CD CD p CD m m o -: c> w k r CD 0 0 CD cn w o cn a. c aq CDD o 0 � CCD Cl. ch o r c CD cr a CD CD m z o cn CD -a r 0 0 0 0 0 n c7 �- w CD� 2 w 0 CD U CD' v CD v S. v U V,: E. LA cn w w w wcn a cr co co co CDcD 0- r CD a' o cr a" cr U (D Z3 (fl O -C3 7C "t '•1 CD 0 CD SD a CD CD CD Q CD z i z z z z z z m 3 z o 0 0 0 0 0 0 0C/) mD a w Cn CD CD D o w o a =3 `° CD _. �o CD `< m CD w c m Cp CD D 0_ 0 0 Co co 3 o' D^� o 0 CD or o V CCD �CD CD o CD � CD (7 () (�D O O cc c CD CCD 0 o s CT CC [J O O C. Q C Cn z 0 0 r iu CD 0 -0 0 c) CD' 0 0 m C cn o' w s CD rzz:c�:� October 2019 Re: Widening Poole Rd from Maybrook Dr/ Hickory Hollow Ln to Barwell Rd Self -Certification Letter Supplemental Information 1.0 PROTECTED SPECIES 1.1 Endangered Species Act Protected Species As of October 10, 2019, the United States Fish and Wildlife (USFWS) lists six federally protected species, under the Endangered Species Act (ESA) for Wake County (Table 2). For each species, a discussion of the presence or absence of habitat is included below along with the Biological Conclusion rendered based on survey results in the study area. Table 2. ESA federally protected species listed for Wake County. Federal Habitat Biological Scientific Name Common Name Status Present Conclusion otropis mekistocholas Cape Fear shiner E No No Effect Range by Basin icoides borealis Red -cockaded E No No Effect woodpecker lasmidonta heterodon Dwarf wedgemussel E No No Effect Range by basin Tar River arvaspina steinstansana spinymussel Range E No No Effect by basin lliptio lanceolata Yellow lance Range T No No Effect by basin May affect, not likely to hus michauxii Michaux's sumac E Yes adversely affect E - Endangered T - Threatened Cape Fear shiner USFWS Recommended Survey Window: April -June (tributaries); year round (large rivers) Habitat Description: The Cape Fear shiner is known only from the Cape Fear River watershed. In general, habitat occurs in streams with clean gravel, cobble, or boulder substrates. It is most often observed inhabiting slow pools, riffles, and slow runs associated with water willow (Justicia americana) beds, which it uses for cover. Juveniles can be found inhabiting slackwater, among large rock outcrops and in flooded side channels and pools. Spawning occurs May through June, when water temperatures reach 66 degrees Fahrenheit. Biological Conclusion: No Effect One small (perennial) stream exists in the project study area. This stream is a tributary of Walnut Creek (Meuse River Basin) and is outside of the known range for the Cape Fear shiner. Due to the project study area existing outside of the known range for this species, it is anticipated that the subject project will have no effect on the Cape Fear Shiner. Red -cockaded woodpecker USFWS Recommended Survey Window: year round; November -early March (optimal) Habitat Description: The red -cockaded woodpecker (RCW) typically occupies open, mature stands of southern pines, particularly longleaf pine (Pious palustris), for foraging and nesting/roosting habitat. The RCW excavates cavities for nesting and roosting in living pine trees, aged 60 years or older, which are contiguous with pine stands at least 30 years of age to provide foraging habitat. The foraging range of the RCW is normally no more than 0.5 miles. Biological Conclusion: No Effect Mixed pine/hardwood stands are present in the project study area. However, these stands have experienced extensive fragmentation due to residential and commercial development. No red cockaded woodpeckers or there start/nesting trees were observed during the field investigations. Due to the lack of contiguous pine and pine/ hardwood stands in the project study area, it is anticipated that the subject project will have no effect on this species. Dwarf wedgemussel USFWS Recommended Survey Window: year round Habitat Description: In North Carolina, the dwarf wedgemussel is known from the Neuse and Tar River drainages. The mussel inhabits creek and river areas with a slow to moderate current and sand, gravel, or firm silt bottoms. Water in these areas must be well oxygenated. Stream banks in these areas are generally stable with extensive root systems holding soils in place. Biological Conclusion: No Effect One small (perennial) stream exists in the project study area. This stream is a tributary of Walnut Creek (Meuse River Basin) and is in the known range for the Dwarf wedgemussel. Due to the size of this stream and its headwater location, it is anticipated that the subject project will have no effect on the Dwarf wedgemussel. Tar River spinymussel USFWS Recommended Survey Window: year round Habitat Description: The Tar spinymussel is endemic to the Tar and Neuse River drainage basins in North Carolina. This mussel requires a stream with fast flowing, well - oxygenated, circumneutral pH water. The bottom should be composed of unconsolidated gravel and coarse sand. The water needs to be relatively silt -free, and stream banks should be stable, typically with many roots from adjacent riparian trees and shrubs. Biological Conclusion: No Effect One small (perennial) stream exists in the project study area. This stream is a tributary of Walnut Creek (Meuse River Basin) and is in the known range for the Tar River spinymussel. Due to the size of this stream and its headwater location, it is anticipated that the subject project will have no effect on the Tar River spinymussel. Yellow Lance USFWS Recommended Survey Window: year round Habitat Description: The yellow lance is known from the Rappahannock River Basin in Virginia south to the Neuse River Basin of North Carolina. Distribution by County in North Carolina: Neuse River Basin: Wake Co. (Swift Cr. Subbasin), Johnston Co. (Middle, Swift, and Mill creek subbasins), Tar River Basin: Granville Co. (Tar River Subbasin), Franklin Co. (Fox, Crooked, Sandy, Shocco creek subbasins and Tar River), Vance Co. (Tabbs Creek Subbasin), Warren Co. (Fishing and Shocco creek subbasins), Nash Co. (Stony and Swift creek subbasins, Tar River), Edgecombe Co. (Swift Cr. Subbasin). This species appears to have been recently extirpated from Ruin creek in Vance County and the Tar River in Edgecombe County. The Yellow lance prefers clean, coarse to medium sized sands as substrate. On occasion, specimens are also found in gravel substrates. This species is found in the main channels of drainages down to streams as small as a meter across. Biological Conclusion: No Effect One small (perennial) stream exists in the project study area. This stream is a tributary of Walnut Creek (Neuse River Basin) and is in the known range for the Yellow lance. Due to the size of this stream and its headwater location, it is anticipated that the subject project will have no effect on the Yellow lance. Michaux's sumac USFWS Optimal Survey Window: May -October Habitat Description: Michaux's sumac, endemic to the inner Coastal Plain and lower Piedmont, grows in sandy or rocky, open, upland woods on acidic or circumneutral, well - drained sands or sandy loam soils with low cation exchange capacities. The species is also found on sandy or submesic loamy swales and depressions in the fall line Sandhills region as well as in openings along the rim of Carolina bays; maintained railroad, roadside, power line, and utility rights -of -way; areas where forest canopies have been opened up by blowdowns and/or storm damage; small wildlife food plots; abandoned building sites; under sparse to moderately dense pine or pine/hardwood canopies; and in and along edges of other artificially maintained clearings undergoing natural succession. In the central Piedmont, it occurs on clayey soils derived from mafic rocks. The plant is shade intolerant and, therefore, grows best where disturbance (e.g., mowing, clearing, grazing, periodic fire) maintains its open habitat. Biological Conclusion: May affect, not likely to adversely affect RKK biologists conducted surveys (in early successional habitats and open woodlands) on May 23, 2018. These surveys followed a visit to the known location for Michaux's sumac that is present just south of the project study area. No Michaux's sumac plants were located during the project study area survey. Due to the proximity to the project study area of a known population for this species, it is anticipated that the subject project may affect, but is not likely to adversely affect Michaux's sumac. 1.2 Bald and Golden Eagle Protection Act The bald eagle is protected under the Bald and Golden Eagle Protection Act and enforced by the USFWS. Habitat for the bald eagle primarily consists of mature forests in proximity to large bodies of open water for foraging. Large dominant trees are utilized for nesting sites, typically within 1.0 mile of open water. A desktop-GIS assessment of the project study area, as well as the area within a 1.13-mile radius (1.0 mile plus 660 feet) of the project limits, was performed on May 4, 2018 using 2015 color aerials. No water bodies large enough or sufficiently open to be considered potential feeding sources were identified. Since there was no foraging habitat within the review area, a survey of the project study area and the area within 660 feet of the project limits was not conducted. Additionally, a review of the NHP database updated April 2018 revealed no known occurrences of this species within 1.13-mile radius of the project study area. Due to the lack of habitat, known occurrences, and minimal impact anticipated for this project, it has been determined that this project will not affect this species. Qualifications of Contributors Investigator: Hal Bain, Rummel Klepper and Kahl, LLP Education: M.S. Coastal Ecology Track, UNC Wilmington, 1989 B.S. Biology, Campbell University, 1985 Experience: Senior Environmental Project Scientist, Rummel Klepper and Kahl, LLP, 2009- Present Natural Resources Team Leader, ARCADIS, 2003-2008 Biological Surveys Group Leader, NCDOT, 1995-2003 Senior Biologist, NCDOT, 1992-1995 Biology Teacher/Coach, Wake County Public Schools, 1989-1992 Responsibilities: wetland and stream identification, natural community assessments, T/E species assessment, agency determinations, NRTR document preparation, and QA/QC Investigator: Pete Stafford, PWS, Rummel Klepper and Kahl, LLP Education: B.S. Environmental Science, UNC Wilmington, 2000 Experience: Project Manager, Rummel Klepper and Kahl, LLP, 2001-Present Responsibilities: Preparation of forms, wetland and stream delineations, NRTR document preparation ek aIt t _ ��!�t^ >,* �4 ,a4g' ,►�..�� `lu ' � � 3t 73*''-�� +y � �._. �sl Ift ell, f-- 07 Begin ry, i W44 ye y � 4 i - (Si _ Project 00' Legend CITY OF RALEIGH POOLE ROAD IMPROVEMENTS �.� h, yWIDEN POOLE RD FROMi .. HOLLOWHICKORY . BARWELL RD, -v4VICINITY MAP FIGURE ti Z7 pia oct7 RK'4� INC: Explore Location https://ecos.fws.gov/ipac/location/N3LZ3IYI3BHRXHSBVY6POR4XF4... IPaC Information for Planning and Consultation U.S. Fish & Wildlife Service 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 affected by activities in the project area. However, determining the likelihood and extent of effects a project may have on trust resources typically requires gathering additional site -specific (e.g., vegetation/species surveys) and project -specific (e.g., magnitude and timing of proposed activities) information. Below is a summary of the project information you provided and contact information for the USFWS office(s) with jurisdiction in the defined project area. Please read the introduction to each section that follows (Endangered Species, Migratory Birds, USFWS Facilities, and NWI Wetlands) for additional information applicable to the trust resources addressed in that section. Location Wake County, North Carolina ancy E � a E Bm.. • 51 ID ram-. (vin Li _ f P �:,y e Local office Raleigh Ecological Services Field Office k. (919) 856-4520 18 (919) 856-4556 MAILING ADDRESS 1 of 12 10/10/2019, 6:02 PM INC: Explore Location https://ecos. fws.gov/ipac/location/N3 LZ3IYI3BHRXHSB VY6POR4XF4... Post Office Box 33726 Raleigh, NC 27636-3726 PHYSICAL ADDRESS 551 Pylon Drive, Suite F Raleigh, NC 27606-1487 �o� 2 of 12 10/ 10/2019, 6:02 PM INC: Explore Location https://ecos.fws.gov/ipac/location/N3LZ3IYI3BHRXHSBVY6POR4XF4... 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 influence (AOI) for species are also considered. An AOI includes areas outside of the species range if the species could be indirectly affected by activities in that area (e.g., placing a dam upstream of a fish population, even if that fish does not occur at the dam site, may indirectly impact the species by reducing or eliminating water flow downstream). Because species can move, and site conditions can change, the species on this list are not guaranteed to be found on or near the project area. To fully determine any potential effects to species, additional site -specific and project -specific information is often required. Section 7 of the Endangered Species Act requires Federal agencies to "request of the Secretary information whether any species which is listed or proposed to be listed may be present in the area of such proposed action" for any project that is conducted, permitted, funded, or licensed by any Federal agency. A letter from the local office and a species list which fulfills this requirement can only be obtained by requesting an official species list from either the Regulatory Review section in IPaC (see directions below) or from the local field office directly. For project evaluations that require USFWS concurrence/review, please return to the IPaC website and request an official species list by doing the following: 1. Draw the project location and click CONTINUE. 2. Click DEFINE PROJECT. 3. Log in (if directed to do so). 4. Provide a name and description for your project. 5. Click REQUEST SPECIES LIST. Listed speciesi and their critical habitats are managed by the Ecological Services Program of the U.S. Fish and Wildlife Service (USFWS) and the fisheries division of the National Oceanic and Atmospheric Administration (NOAA Fisheries?). Species and critical habitats under the sole responsibility of NOAA Fisheries are not shown on this list. Please contact NOAA Fisheries for species under their jurisdiction. 1. Species listed under the Endangered Species Act are threatened or endangered; IPaC also shows species that are candidates, or proposed, for listing. See the listing status page for more information. 2. 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. The following species are potentially affected by activities in this location: 3 of 12 10/10/2019, 6:02 PM IPaC: Explore Location https://ecos. fws.gov/ipac/location/N3 LZ3IYI3BHRXHSB VY6POR4XF4... Birds NAME STATUS Red -cockaded Woodpecker Picoides borealis Endangered No critical habitat has been designated for this species. https://ecos.fws.gov/ecp/species/7614 Amphibians NAM E STATUS Neuse River Waterdog Necturus lewisi Proposed Threatened There is proposed critical habitat for this species. Your location is outside the critical habitat. https://ecos.fws.gov/ecp/species/6772 Fishes NAM E STATUS Carolina Madtom Noturus furiosus Proposed Endangered There is proposed critical habitat for this species. Your location is outside the critical habitat. 'r�`f https://ecos.fws.gov/ecp/species/528 Clams I? N�J NAM E / STATUS Atlantic Pigtoe Fusccoonaia masoni Proposed Threatened There is proposed critical habitat for this species. Your location is outside the critical habitat. https://ecos.fws.gov/ecp/species/5164 Dwarf Wedgemussel Alasmidonta heterodon Endangered No critical habitat has been designated for this species. https://ecos.fws.gov/ecp/species/784 Flowering Plants NAME STATUS Michaux's Sumac Rhus michauxii Endangered No critical habitat has been designated for this species. https://ecos.fws.gov/ecp/species/5217 4 of 12 10/10/2019, 6:02 PM INC: Explore Location https://ecos.fws.gov/ipac/location/N3LZ3IYI3BHRXHSBVY6POR4XF4... Critical habitats Potential effects to critical habitat(s) in this location must be analyzed along with the endangered species themselves. THERE ARE NO CRITICAL HABITATS AT THIS LOCATION. Migratory birds Certain birds are protected under the Migratory Bird Treaty Act! and the Bald and Golden Eagle Protection Acts. 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. V4 CN I'* - Additional information can be found using the following links: • Birds of Conservation Concern http://www.fws.gov/birds/management/managed-species/ birds-of-conservation-concern.php • Measures for avoiding and minimizing impacts to birds http://www.fws.gov/birds /management/project-assessment-tools-and-guidance/ conservation-measures.php • Nationwide conservation measures for birds http://www.fws.gov/migratorybirds //pdf/management/nationwidestandardconservationmeasures.pdf 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 5 of 12 10/10/2019, 6:02 PM INC: Explore Location https://ecos. fws.gov/ipac/location/N3 LZ3IYI3BHRXHSB VY6POR4XF4... 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 (IFA BREEDING SEASON IS INDICATED FOR A BIRD ON YOUR LIST, THE BIRD MAY BREED IN YOUR PROJECT AREA SOMETIME WITHIN THE TIMEFRAME SPECIFIED, WHICH IS A VERY LIBERAL ESTIMATE OF THE DATES INSIDE WHICH THE BIRD BREEDS ACROSS ITS ENTIRE RANGE. ''BREEDS JJ6121MM "All THE BIRD DOES NOT LIKELY BREED IN YOUR PROIECT AREA. Bald Eagle Haliaeetus leucocephalus Breeds Sep 1 to Jul 31 This is not a Bird of Conservation Concern (BCC) in this area, but warrants attention because of the Eagle Act or for potential susceptibilities in offshore areas from certain types of development or activities. https://ecos.fws.gov/ecp/species/1626 Blue -winged Warbler Vermivora pinus Breeds May 1 to Jun 30 This is a Bird of Conservation Concern (BCC) only in particular Bird Conservation Regions (BCRs) in the continental USA Prairie Warbler Dendroica discolor Breeds May 1 to jul 31 This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska. Prothonotary Warbler Protonotaria citrea Breeds Apr 1 to Jul 31 This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska. Red-headed Woodpecker Melanerpes erythrocephalus Breeds May 10 to Sep 10 This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska. Rusty Blackbird Euphagus carolinus Breeds elsewhere This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska. 6 of 12 10/10/2019, 6:02 PM INC: Explore Location https://ecos.fws.gov/ipac/location/N3LZ3IYI3BHRXHSBVY6POR4XF4... Wood Thrush Hylocichla mustelina Breeds May 10 to Aug 31 This is a Bird of Conservation Concern (BCC) throughout its range in the continental 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. To see a bar's probability of presence score, simply hover your mouse cursor over the bar. 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 7 of 12 10/ 10/2019, 6:02 PM IPaC: Explore Location https://ecos.fws.gov/ipac/location/N3LZ3IYI3BHRXHSBVY6POR4XF4... number of surveys is expressed as a range, for example, 33 to 64 surveys. To see a bar's survey effort range, simply hover your mouse cursor over the bar. 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 Bald Eagle i i —1 1-1' Non -BCC Vulnerable (This is not a Bird of Conservation Concern (BCC) in this area, but warrants attention 0011\ because of the Eagle Actor for potential susceptibilities in offshore areas from certain types of development or activities.) Blue -winged 1 + ++— +_3 I I I I 1 ++ �- --- — —+—-- —�+— Warbler _,■■ + ' rt'+++ + BCC - BCR (This is a Bird of Conservation Concern (BCC) only 00 in particular Bird Conservation Regions (BCRs) in __ __.......... the continental USA) Prairie Warbler ___ BCC Rangewide (CON) (This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska.) Prothonotary 1111 1111 1111 1111 — — — — — — — — ++++ —+- Warbler BCC Rangewide (CON) (This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska.) 8 of 12 10/10/2019, 6:02 PM IPaC: Explore Location https://ecos.fws.gov/ipac/location/N3LZ3IYI3BHRXHSBVY6POR4XF4... Red-headed i i I I— I I I I I I I I i 1 +a 1 — 1 Woodpecker�' BCC Rangewide (CON) (This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska.) Rusty Blackbird I I — 4--++'+++ ++++ +— +--- — — — — ----'+++ —+-- — i BCC Rangewide (CON) (This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska.) Wood Thrush +--+ ++— +—++ ++,� 11111111 III _—__ ++++-.-+-- —`.+— 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 specified location? The Migratory Bird Resource List is comprised of USFWS Birds of Conservation Concern (BCC) 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 AKN Phenology Tool. What does IPaC use to generate the probability of presence graphs for the migratory birds potentially occurring in my specified location? 9 of 12 10/10/2019, 6:02 PM IPaC: Explore Location https://ecos. fws.gov/ipac/location/N3 LZ3IYI3BHRXHSB VY6POR4XF4... 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, migrating or present year-round in my project 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 refer to the following resources: The Cornell Lab of Ornithology All About Birds Bird Guide, or (if you are unsuccessful in locating the bird of interest there), the Cornell Lab of Ornithology Neotropical Birds guide. 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); 2. "BCC - BCR" birds are BCCs that are of concern only in particular Bird Conservation Regions (BCRs) in the continental USA; and t\\ 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 Loring. 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 10 of 12 10/10/2019, 6:02 PM INC: Explore Location the Eagle Act should such impacts occur. https://ecos. fws.gov/ipac/location/N3 LZ3IYI3BHRXHSB VY6POR4XF4... 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, 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. ho,� Facilities 1 National Wildlife Refuge lands Any activity proposed on lands managed by the National Wildlife Refuge system must undergo a 'Compatibility Determination' conducted by the Refuge. Please contact the individual Refuges to discuss any questions or concerns. THERE ARE NO REFUGE LANDS AT THIS LOCATION. Fish hatcheries THERE ARE NO FISH HATCHERIES AT THIS LOCATION. Wetlands in the National Wetlands Inventory Impacts to NWI wetlands and other aquatic habitats may be subject to regulation under Section 404 of the Clean Water Act, or other State/Federal statutes. 11 of 12 10/ 10/2019, 6:02 PM INC: Explore Location https://ecos. fws.gov/ipac/location/N3 LZ3IYI3BHRXHSB VY6POR4XF4... For more information please contact the Regulatory Program of the local U.S. Army Corps of EnL-ineers District. THERE ARE NO KNOWN WETLANDS AT THIS LOCATION. 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 identified based on vegetation, visible hydrology and geography. A margin of error is inherent in the use of imagery; thus, detailed on -the -ground inspection of any particular site may result in revision of the wetland boundaries or classification established through image analysis. The accuracy of image interpretation depends on the quality of the imagery, the experience of the image analysts, the amount and quality of the collateral data and the amount of ground truth verification work conducted. Metadata should be consulted to determine the date of the source imagery used and any mapping problems. Wetlands or other mapped features may have changed since the date of the imagery or field work. There may be occasional differences in polygon boundaries or classifications between the information depicted on the map and the actual conditions on site. Data exclusions Certain wetland habitats are excluded from the National mapping program because of the limitations of aerial imagery as the primary data source used to detect wetlands. These habitats include seagrasses or submerged aquatic vegetation that are found in the intertidal and subtidal zones of estuaries and nearshore coastal waters. Some deepwater reef communities (coral or tuberficid worm reefs) have also been excluded from the inventory. These habitats, because of their depth, go undetected by aerial imagery. 1 U Data precautions � Federal, state, and local regulatory agencies with jurisdiction over wetlands may define and describe wetlands in a different manner than that used in this inventory. There is no attempt, in either the design or products of this inventory, to define the limits of proprietary jurisdiction of any Federal, state, or local government or to establish the geographical scope of the regulatory programs of government agencies. Persons intending to engage in activities involving modifications within or adjacent to wetland areas should seek the advice of appropriate federal, state, or local agencies concerning specified agency regulatory programs and proprietary jurisdictions that may affect such activities. 12 of 12 10/10/2019, 6:02 PM