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HomeMy WebLinkAboutNC0090085_More Information (Received)_20220502lrerracon May 2, 2022 NCDEQ Division of Water Resources WQ Permitting Section — NPDES 1617 Mail Service Center Raleigh, NC 27669-1617 Attn: Derek Denard Re: Request for Additional Information NPDES Application NC0090085 Radius Dilworth Overlook Charlotte, North Carolina 28202 Terracon Project No. 71197661 Dear Mr. Denard: On behalf of the MOD CLT Property, LLC (applicant), Terracon is pleased to submit the below responses to the North Carolina Department of Environmental Quality (NCDEQ) Division of Water Resources' (DWR) request for additional information, dated April 27, 2022, pertaining to the NPDES Permit Application for temporary construction related discharge at the above -referenced site. Please note that while the NPDES Permit Application received by NCDEQ on January 28, 2022, indicates that MOD CLT Venture, LLC is the applicant for the permit, the correct applicant to whom the NPDES permit should be issued is an affiliated entity, MOD CLT Property, LLC. Terracon has provided the additional information requested below: 1) Receiving Stream Classification According to NCDEQ DWR's online surface water classifications map, the receiving stream for the proposed discharge, Little Sugar Creek, is a Class C water. Class C waters are not subject to discharge restrictions and/or stricter treatment standards such as those that may be required for certain stream classifications (e.g. ORW, WS, SA, NSW, and HQ). 2) Basinwide Water Quality Plan According to the most recent Catawba River Basinwide Water Quality Plan (2010), Little Sugar Creek is listed as impaired for copper, mercury, and turbidity standards as well as biological integrity of fish and benthic communities (page 3.12 of the Plan). The Basinwide Plan includes total maximum daily load (TMDL) restrictions (see Item # 3 below for more information regarding TMDLs) to limit wastewater discharge within the Catawba River Basin. The Basinwide Plan indicates that Little Sugar Creek is subject to TMDLs for turbidity and fecal coliform bacteria (FCB; page 3.13 of the Plan). It should be noted that the Basinwide Plan also indicates that during the TMDL study window (1997 to 2004), Little Sugar Creek turbidity did not exceed the applicable turbidity standard and that the TMDL in question only covers Long Creek (page 1.43 of the Plan). Terracon Consultants, Inc. 2701 Westport Road, Charlotte NC 28208 P [704] 509 1777 F [704] 509 1888 terracon.com Environmental ■ Facilities f Geotechnical • Materials NPDES Application NC0090085 Radius Dilworth Overlook Charlotte, North Carolina May 2, 2022 Terracon Project No. 71197661 lrerracon 3) Impaired Waters and TMDLs According to a Final Report issued by NCDEQ in 2005 establishing TMDLs for turbidity within the Catawba River Basin, the TMDL for turbidity is only applicable to the portion of Little Sugar Creek between North Carolina Highway 51 and the North Carolina -South Carolina state line, which begins approximately 8 miles south of the site. As such, the proposed discharge to Little Sugar Creek is not limited by an established TMDL. According to a Final Report issued by NCDEQ in 2002 establishing TMDLs for FCB in four watersheds within Mecklenburg County, the entirety of Little Sugar Creek from its source to the state line is subject to the FCB TMDL. The proposed discharge is not a potential source of FCB, as it originates as dewatered groundwater generated during installation of deep foundations at a construction site. As such, the proposed discharge will not result in FCB impact to Little Sugar Creek or result in exceedance of the established TMDL. A TMDL was also established for dissolved oxygen (DO) in Little Sugar Creek in 1996. The proposed discharge is not expected to significantly affect the DO within Little Sugar Creek, as it is composed of groundwater from dewatered foundation installation activities in an urban area and it is not expected to be loaded with nutrients such as phosphorus and nitrate that would reduce DO. Further, the effluent will be treated on -site via carbon filtration prior to discharge. This carbon filtration will remove volatile organic compounds that could be utilized by microbes within Little Sugar Creek as a food source, the metabolisms of which would also consume oxygen and lower DO. As such, the DO TMDL should not limit the proposed discharge. 4) Presence of Endangered Species According to the USFWS Information for Planning and Consultation (iPAC) online system, the following listed endangered species are potentially present in the general region of the site and down -stream portions (within approximately 3 miles of the proposed discharge point) of Little Sugar Creek: Michaux's Sumac (flowering plant), Schweinitz's Sunflower (flowering plant), Smooth Coneflower (flowering plant), Northern Long-eared Bat (mammal), Monarch Butterfly (insect), and Carolina Heelsplitter (clam). In addition, a number of migratory birds are listed in the iPAC information. As the Carolina Heelsplitter is the only aquatic species potentially present in Little Sugar Creek, there would be no expected impact to the other species listed above. According to the most recent Catawba River Basinwide Water Quality Plan (2010), the only stream in the Catawba River basin that supports populations of the Carolina Heelspliter is Waxhaw Creek (page 3.16 of the Plan), which enters the Catawba River some 30 miles south of the point of proposed discharge to Little Sugar Creek. As such, there would be no expected impact to the Carolina Heelsplitter from the proposed discharge. A summary of the iPAC endangered species information is included an attachment to this letter. Responsive • Resourceful • Reliable NPDES Application NC0090085 Radius Dilworth Overlook Charlotte, North Carolina May 2, 2022 Terracon Project No. 71197661 If you have any questions or require additional regarding the NPDES Permit Application, please contact us at 704-509-1777. Sincerely, Terracon Consultants, Inc. (/LJ � ter. i/6t William O. Frazier, P.G. Project Geologist Attachments: iPAC Summary M. Neal McElveen Principal / Senior Engineer Responsive Resourceful Reliable 4/28/22, 2:19 PM IPaC: Explore Location resources IPaC 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. 44.0 'tar .\4011. Location 1' 0 Mecklenburg County, North Carolina) h; Co pin Local office Asheville Ecological Services Field Office t. (828) 258-3939 fi (828) 258-5330 https://ipac.ecosphere.fws.gov/location/N3SAC6CFV5HK7HJXQCKQFJ4AGU/resources 1/14 4/28/22, 2:19 PM 160 Zillicoa Street Asheville, NC 28801-1082 IPaC: Explore Location resources http://www.fws.gov/nc-es/es/countyfr.html #0,c\& cp� s" FOB \40,c https://ipac.ecosphere.fws.gov/location/N3SAC6CFV5HK7HJXQCKQFJ4AGU/resources 2/14 4/28/22, 2:19 PM IPaC: Explore Location resources 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. 00>k‘ 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. Login (if directed to do so). 4. Provide a name and description for your project. 5. Click REQUEST SPECIES LIST. Listed species1 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. IPaC only shows species that are regulated by USFWS (see FAQ). https://ipac.ecosphere.fws.gov/location/N3SAC6CFV5HK7HJXQCKQFJ4AGU/resources 3/14 4/28/22, 2:19 PM IPaC: Explore Location resources 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: Mammals NAME STATUS Northern Long-eared Bat Myotis septentrionalis Wherever found No critical habitat has been designated for this species. https://ecos.fws.gov/ecp/species/9045 Clams Threatened NAME STATUS zcO‘'‘ Carolina Heelsplitter Lasmigona decorata Endangered Wherever found There is final critical habitat for this species. The location of th critical habitat is not available. https://ecos.fws.gov/ecp/species/3534 ladr Insects NAME Monarch Butterfly Danaus plexippus Wherever found No critical habitat has been designated for this species. https://ecos.fws.gov/ecp/species/9743 Flowering Plants STATUS Candidate NAME STATUS Michaux's Sumac Rhus michauxii Wherever found No critical habitat has been designated for this species. https://ecos.fws.gov/ecp/species/5217 Schweinitz's Sunflower Helianthus schweinitzii Wherever found No critical habitat has been designated for this species. https://ecos.fws.gov/ecp/species/3849 Endangered Endangered https://ipac.ecosphere.fws.gov/location/N3SAC6CFV5HK7HJXQCKQFJ4AGU/resources 4/14 4/28/22, 2:19 PM IPaC: Explore Location resources Smooth Coneflower Echinacea laevigata Wherever found No critical habitat has been designated for this species. https://ecos.fws.gov/ecp/species/3473 Critical habitats Endangered 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 Act . 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. 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 ittps://www.fws.gov/library/collections/avoiding-and-minimizing-incidental-ta ke- migratory-birds • Nationwide conservation measures for birds https://www.fws.gov/sites/default/files/documents/nationwide-standard-conservation- measures.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 https://ipac.ecosphere.fws.gov/location/N3SAC6CFV5H K7HJXQCKQFJ4AGU/resources 5/14 4/28/22, 2:19 PM IPaC: Explore Location resources 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 (IF A Bald Eagle Haliaeetus leucocephalus 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. Cerulean Warbler Dendroica cerulea This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska. https://ecos.fws.gov/ecp/species/2974 Kentucky Warbler Oporornis formosus This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska. Prairie Warbler Dendroica discolor This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska. BREEDING SEASON IS INDICATED FOR A BIRD 0 YOUR LIST, THE BIRD MAY 111111111/1\11. BREED IN YOUR PROJECT AR SOMETIME WITHIN THE TIMEFRAME SPECIFIED, WHICH IS A VERYLIBERAL ESTIMATE E DATES INSIDE WHICH THE BIRD BREEDS ACROSS ITS ENTIRE RANGE. "BREEDS ELSEWHERE" INDICATES THAT THE BIRD DOES NOT LIKELY BREED IN YOUR PROJECT AREA.) Breeds Sep 1 to Jul 31 Breeds Apr 28 to Jul 20 Breeds Apr 20 to Aug 20 Breeds May 1 to Jul 31 https://ipac.ecosphere.fws.gov/location/N3SAC6CFV5HK7HJXQCKQFJ4AGU/resources 6/14 4/28/22, 2:19 PM IPaC: Explore Location resources Prothonotary Warbler Protonotaria citrea This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska. Red-headed Woodpecker Melanerpes erythrocephalus This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska. Rusty Blackbird Euphagus carolinus This is a Bird of Conservation Concern (BCC) only in particular Bird Conservation Regions (BCRs) in the continental USA Wood Thrush Hylocichla mustelina This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska. Probability of Presence Summary Breeds Apr 1 to Jul 31 Breeds May 10 to Sep 10 Breeds elsewhere Breeds May 10 to Aug 31 �(P 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 https://ipac.ecosphere.fws.gov/location/N3SAC6CFV5HK7HJXQCKQFJ4AGU/resources 7/14 4/28/22, 2:19 PM IPaC: Explore Location resources 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 (I) Vertical black lines superimposed on probability of presence bars indicate the number o 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. Ilk lilt iNiik 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 ilk %MOP 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 MAR APR MAY JUN JUL AUG SEP OCT NOV DEC Bald Eagle 1 1-11 1 1 1 1 1 1 1 1 1 1 I 11 1 1 1 1 1 1 1 1 1 1 1 1 1. 1 1 1 1 1 1 1 1 1 1. 1 1 1 1 1 Non-BCC Inerable (Thiis 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://ipac.ecosphere.fws.gov/location/N3SAC6CFV5HK7HJXQCKQFJ4AGU/resources 8/14 4/28/22, 2:19 PM IPaC: Explore Location resources Cerulean Warbler BCC Rangewide (CON) (This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska.) Kentucky Warbler BCC Rangewide (CON) (This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska.) Prairie Warbler BCC Rangewide (CON) (This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska.) BCan ewide (CON) (This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska.) ++++ ++++ +++++++ ++++ I I ' ++++ ++++ ++++ ++111111 1111 IIII ++++ ++++ ++--+ ++++ III- ++++ ++++ ++-+ ++++ S\O ++++ ++++ ++++ +H o IMP Ilkikel +++- +11+ ++++ ++-+ ++++ 00 11?*1. ++++ ++++ ++++ ++++ ++++ ++++ ++++ ++++ ++++ + ++++ https://ipac.ecosphere.fws.gov/location/N3SAC6CFV5HK7HJXQCKQFJ4AGU/resources 9/14 4/28/22, 2:19 PM IPaC: Explore Location resources Red-headed Woodpecker BCC Rangewide (CON) (This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska.) Rusty Blackbird BCC - BCR (This is a Bird of Conservation Concern (BCC) only in particular Bird Conservation Regions (BCRs) in the continental USA) Wood Thrush BCC Rangewide (CON) (This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska.) 1111 Tell me more about conservation measures I can implement to avoid or minimize impacts to migratory birds. 111111+1 1+111110 114 11 1111 1 1 1 1 +11 1 11+11+++ ++11111 I+++ +1+1 I++1 +II+ ++++ ++++ ++++ +++- ++++ ++++ ++-I 1111 -c\ o* •cl'i +++ ++++ ++++ +I'l 11-i + \Pill( '1'1++ ++-+ ++++ CP 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 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. https://ipac.ecosphere.fws.gov/location/N3SAC6CFV5HK7HJXQCKQFJ4AGU/resources 10/14 4/28/22, 2:19 PM IPaC: Explore Location resources 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? 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 . t 4 ) 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 \IPyour project are 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 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. https://ipac.ecosphere.fws.gov/location/N3SAC6CFV5HK7HJXQCKQFJ4AGU/resources 11/14 4/28/22, 2:19 PM IPaC: Explore Location resources 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? *444 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, 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. Facilities National Wildlife Refuge lands https://ipac.ecosphere.fws.gov/location/N3SAC6CFV5HK7HJXQCKQFJ4AGU/resources 12/14 4/28/22, 2:19 PM IPaC: Explore Location resources 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. 444:10111 Wetlands in the National Wetlands Inventory i 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. For more information please contact the Regulatory Program of the local U.S. Army Corps of Engineers District. v WETLAND INFORMATION IS NOT AVAILABLE AT THIS TIME This can happen when the National Wetlands Inventory (NWI) map service is unavailable, or for very large projects that intersect many wetland areas. Try again, or visit the NWI map to view wetlands at this location. „Friwwk 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 https://ipac.ecosphere.fws.gov/location/N3SAC6CFV5HK7HJXQCKQFJ4AGU/resources 13/14 4/28/22, 2:19 PM IPaC: Explore Location resources 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. 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. so-c \#-" o''s FOB https://ipac.ecosphere.fws.gov/location/N3SAC6CFV5HK7HJXQCKQFJ4AGU/resources 14/14