20240753 Ver 1_May Crossroads Supplemental Info_20240529

SAGE
ECOLOGICAL
SERVICES
EST, 20111
May 29, 2024
US Army Corps of Engineers NC Division of Water Resources
Raleigh Regulatory Office 401 & Buffer Permitting Unit
Attn: Mr. Dicky Harmon 512 N. Salisbury St., Archdale Bldg. 91h Flr
3331 Heritage Trade Dr., Ste. 105 Raleigh, NC 27604
Wake Forest, NC 27587
Re: Mays Crossing
Request for NWP 39, GC 4263 Authorization & Neuse River Riparian Buffer Certification
Sage Project #2024.053
USACE Project # SAW-2022-02690
On behalf of TMMG Development LLC (owner & applicant), please find attached a complete application and supplemental
information requesting written concurrence from the US Army Corps of Engineers (USACE) that the activities associated with
the proposed development of the Mays Crossing (Project) may proceed under Nationwide Permit (NWP) 39 and General
Certification 4263 (GC 4263).
Project Purpose and Location
The Project includes the construction of a commercial development. The +/-3.63-acre tract is located east of Mays Crossroads
Road and north of Tarboro Road in Youngsville, Franklin County. The coordinates of 35.0155°N, 78.4401°W generally
correspond to the center of the Site.
Project Detail
The proposed Project consists of the construction of a commercial development with associated utilities and roads. The
commercial site's sewer and water needs will be served by existing utilities managed by Franklin County.
The Site is currently zoned as "commercial" with a land use code of 322 and land type A per the Franklin County Tax Search
Portal. An intermittent stream (A) bisects the property and generally flows from northwest to southeast through the property.
Feature A originates from an offsite pond to the north, with flow piped under Mays Crossroads Road via an 18-inch RCP onto
the subject Site until it exits the Site under Tarboro Road via a 36-inch RCP. The surrounding parcels are a mix of agricultural,
commercial, and residential use.
Access to the Site is provided by a road connection to existing Mays Crossroads Road and Tarboro Road. Heavy equipment
typically used for commercial development projects (e.g., backhoes, bulldozers, etc.) will be utilized.
No federally threatened or endangered species are listed to occur on or within 1 mile of the Site according to the NC Natural
Heritage Program (NCNHP) Database, (see attached report dated May 6, 2024).
The Site is not listed as a historic property or within a historic district. No historic structures were found on the Site. There are
five historic properties documented within a mile of the Site.
Project History
The site is comprised of a single, undeveloped parcel located east of the intersection of Tarboro Road and Mays Crossroad
Road. The site was cleared of vegetation in the year 2023, according to historical aerial photography. The USACE approved the
Preliminary Jurisdictional Determination on January 17, 2023 (see attached email, SAW-2022-02690). The stream on the Site
does not appear on the most recent USGS topographic quadrangle or the latest printed copy of the NRCS Soil Survey map,
therefore, the feature is not subject to any state regulated riparian buffers.
Avoidance and Minimization
A single, unbuffered intermittent channel bisects the Site. Impacts to jurisdictional Waters of the US will result from a single
proposed road crossing to reach upland portions of the Site for development and to make the necessary interconnected roadway
infrastructure as required by the municipality. A second stream impact is required for the needed sidewalk construction along
Mays Crossroads Road. The stream is not crossed multiple times.
Mays Crossing Page 1 of 2

The Project was designed to avoid & minimize impacts to jurisdictional features while meeting the goals of the commercial
development plan. Roads were positioned to avoid and minimize impacts to streams. The construction of the stormwater control
measures avoids impacts to jurisdictional features. The two proposed culvert extensions are required for pedestrian and
vehicular access to the site as dictated by Franklin County. NCDOT requirements for intersection spacing preclude the ability to
locate an additional entrance at the front of property to access the upland area which fronts Tarboro Road which is the rationale
for the internal roadway stream crossing. Stormwater devices were designed to avoid impacts to jurisdictional areas.
Construction fencing will be used to define the construction corridor and prevent any accidental additional impacts. Silt fencing
will be installed to provide additional protection from stormwater runoff.
Protect Impacts
Impact A proposes 74 linear feet of permanent stream impacts and 11 feet of temporary stream impacts associated with the
internal road crossing.
Impact B proposes 23 linear feet of permanent stream impacts associated with a culvert extension for the Site entrance tapers
and the installation of a required sidewalk.
Mitigation
Permanent stream impacts total 0.015 acre and are below compensatory mitigation thresholds. Because proposed permanent
impacts are below the thresholds that typically require mitigation, no stream is proposed.
If you have any questions, please call me at [phone].
Respectfully submitted:
Sean Clark
Sage Ecological Services, Inc.
Attachments:
Pre -construction Notification (PCN) Application Form
Agent Authorization Forms
Figure 1-USGS Site Vicinity Map
Figure 2-Soil Survey Site Vicinity Map
Figure 3 - NCSHPO Map
S&EC Mays Crossroads Wetland Map
NCNHP Database Report
USFWS IPaC Report
USACE Delineation Correspondence SAW-2022-02690 (dated 1/17/23)
Impact Map
Nicole J. Duprey, RWS
Sage Ecological Services, Inc.
Mays Crossing Page 2 of 2

SAGE
ECOLOGICAL
SERVICES
T. A 1.11,
AGENT AUTHORIZATION FORM
All Blanks to Be Filled in By the Current Landowner or Legal Representative
Name: TMMG Development LLC
Address: 65 Cypress Dr
Youngsville, NC 27596
Phone: [phone]
Email: [e-mail]
Project Name/Description: Mays Crossing Project
Sage Project # 2024.053
Date:
The Department of the Army
U.S. Army Corps of Engineers,
P.O. BOX 1890
Wilmington, NC 28402
Attn:
Field Office:
NC Division of Water Resources
Wilmington District 3800 Barrett Drive
Raleigh, NC 27609
Attn:
Regional Office:
Re: Wetlands and Streams Related Consulting and Permitting
To Whom It May Concern:
I, the undersigned, the owner or a duly authorized representative of record of the property/properties identified
herein, do authorize representatives of the U.S. Army Corps of Engineers (Corps) and North Carolina Division of
Water Resources (NCDWR) to enter upon the property herein described for the purpose of conducting on -site
investigations and issuing a determination associated with Waters of the U.S. subject to Federal jurisdiction under
Sections 401 and 404 of the Clean Water Act and/or Section 10 of the Rivers and Harbors Act of 1899. I also hereby
designate and authorize Sage Ecological Services to act on my behalf as my agent in the processing of permit
applications, to furnish upon request supplemental information in support of applications, etc. from this day forward.
This notification supersedes any previous correspondence concerning the agent for this project.
Notice: This authorization, for liability and professional courtesy reasons, is valid only for government
officials to enter the property when accompanied by Sage staff. Please contact Sage to arrange a meeting
prior to visiting the site.
BY: Michael Pulley
Print Name of Landowner or
Legal Representative
BY:
Signature of Landowng or
Legal Representative

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Roy Cooper, Governor
■ ■■■
r ■■ ■ INC DEPARTMENT OF
■■,■i NATURAL AND CULTURAL RESOURCES
■ ■■
May 6, 2024
Kim Hamlin
Sage Ecological Services, Inc
3707 Swift Drive
Raleigh, NC 27606
RE: Mays Crossing; 2024.053
Dear Kim Hamlin:
❑. Reid Wilson, Secretary
Misty Buchanan
Deputy Director, Natural Heritage Program
NCNHDE-25935
The North Carolina Natural Heritage Program (NCNHP) appreciates the opportunity to provide
information about natural heritage resources for the project referenced above.
Based on the project area mapped with your request, a query of the NCNHP database indicates that
there are no records for rare species, important natural communities, natural areas, and/or
conservation/managed areas within the proposed project boundary. Please note that although there
may be no documentation of natural heritage elements within the project boundary, it does not
imply or confirm their absence; the area may not have been surveyed. The results of this query
should not be substituted for field surveys where suitable habitat exists. In the event that rare
species are found within the project area, please contact the NCNHP so that we may update our
records.
The attached `Potential Occurrences' table summarizes rare species and natural communities that
have been documented within a one -mile radius of the property boundary. The proximity of these
records suggests that these natural heritage elements may potentially be present in the project area
if suitable habitat exists. Tables of natural areas and conservation/managed areas within a one -mile
radius of the project area, if any, are also included in this report.
If a Federally -listed species is found within the project area or is indicated within a one -mile radius of
the project area, the NCNHP recommends contacting the US Fish and Wildlife Service (USFWS) for
guidance. Contact information for USFWS offices in North Carolina is found here:
httr)s://www.fws.gov/offices/Directory/ListOffices.cfm?statecode=37.
Please note that natural heritage element data are maintained for the purposes of conservation
planning, project review, and scientific research, and are not intended for use as the primary criteria
for regulatory decisions. Information provided by the NCNHP database may not be published
without prior written notification to the NCNHP, and the NCNHP must be credited as an information
source in these publications. Maps of NCNHP data may not be redistributed without permission.
The NC Natural Heritage Program may follow this letter with additional correspondence if a
Dedicated Nature Preserve, Registered Heritage Area, Land and Water Fund easement, or Federally -
listed species are documented near the project area.
If you have questions regarding the information provided in this letter or need additional assistance,
please contact the NCNHP at natural.heritage�dncr.nc.gov.
Sincerely,
NC Natural Heritage Program
DEPAR7HEN7 OF NATURAL AND CULTURAL RESOURCES
121 W. JONES STREET. RALEIGH. NC 27603 • 1691 MAIL SERVICE CENTER. RALEIGH. NC 27609
OFC 919.707.9120 • FAX [phone]

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5/6/24, 11:48AM 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.
Location
Franklin County, North Carolina
Local office
JOB
0\01�'Lll
Raleigh Ecological Services Field Office
t. [phone]
JEJ [phone]
67--A
https://ipac.ecosphere.fws.gov/location/5RZP5S2CUVF3REZQSMQNSS2JOQ/resources 1 /15

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IPaC: Explore Location resources
3916 Sunset Ridge Rd
Raleigh, NC 27607
https://ipac.ecosphere.fws.gov/location/5RZP5S2CUVF3REZQSMQNSS2JOQ/resources 2/15

5/6/24, 11:48AM 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. ov 1
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. -10% %.
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. IPaC only shows species that are regulated by USFWS (see FAQ).
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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
Tricolored Bat Perimyotis subflavus
Wherever found
This species only needs to be considered if the following
condition applies:
• This species only needs to be considered if the project
includes wind turbine operations.
No critical habitat has been designated for this species.
https://ecos.fws.gov/ecp/species/10515
Amphibians
NAME
Neuse River Waterdog Necturus lewisi
STATUS
Proposed Endangered
X3STATU S
e�AE; Threatened
Wherever found
There is final critical habitat for this species. Your location does
not overlap the critical habitat.
https://ecos.fws.gov/ecp/species/6772
Fishes
NAME
Carolina Madtom Noturus furiosus
Wherever found
There is final critical habitat for this species. Your location does
not overlap the critical habitat.
https://ecos.fws.gov/ecp/species/528
Clams
NAME
Atlantic Pigtoe Fusconaia masoni
Wherever found
There is final critical habitat for this species. Your location does
not overlap the critical habitat.
https://ecos.fws.gov/ecp/species/5164
STATUS
Endangered
STATUS
Threatened
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Dwarf Wedgemussel Alasmidonta heterodon Endangered
Wherever found
No critical habitat has been designated for this species.
https://ecos.fws.gov/ecptspecies/784
Green Floater Lasmigona subviridis
Wherever found
There is proposed critical habitat for this species. Your location
does not overlap the critical habitat.
https://ecos.fws.gov/ecp/species/7541
Yellow Lance Elliptio lanceolate
Wherever found
There is final critical habitat for this species. Your location does
not overlap the critical habitat.
https://ecos.fws.gov/ecp/species/4511
Insects
NAME
Monarch Butterfly Danaus plexippus
Proposed Threatened
Threatened
STATUIL S
eml� —0 Candidate
Wherever found
No critical habitat has been designated for this species.
https://ecos.fws.gov/ecp/species/9743
t
Flowering Plants
NAME Pw
Michaux's Sumac Rhus michauxii
Wherever found
No critical habitat has been designated for this species.
https://ecos.fws.gov/ecp/species/5217
Critical habitats
STATUS
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.
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IPaC: Explore Location resources
You are still required to determine if your project(s) may have effects on
all above listed species.
Bald &Golden Eagles
Bald and golden eagles are protected under the Bald and Golden Eagle Protection Act' and
the Migratory Bird Treaty Act2.
Any person or organization who plans or conducts activities that may result in impacts to
bald or golden eagles, or their habitats3, should follow appropriate regulations and consider
implementing appropriate conservation measures, as described in the links below.
Specifically, please review the "Supplemental Information on Migratory Birds and Eagles".
Additional information can be found using the following links:
• Eagle Management https://www.fws.gQv//program/eagle-manage n
• Measures for avoiding and minimizing impacts to birds
https://www.fws.gov/library/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
*. .d
• Supplemental Information for Migratory Birds and Eagles in IPaC
https://www.fws.gov/media/supplemental-information-migratory-birds-and-bald-and-
golden-eagles-may-occur-project-action
There are likely bald eagles present in your project area. For additional information on bald
eagles, refer to Bald Eagle Nesting and Sensitivity to Human Activity
For guidance on when to schedule activities or implement avoidance and minimization
measures to reduce impacts to migratory birds on your list, see the PROBABILITY OF
PRESENCE SUMMARY below to see when these birds are most likely to be present and
breeding in your project area.
NAME
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.
BREEDING SEASON
Breeds Sep 1 to jul 31
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IPaC: Explore Location resources
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
"Supplemental Information on Migratory Birds and Eagles", specifically the FAQ section titled
"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.
.0p IN -
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 ( )
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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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 survey effort no data
SPECIES ]AN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC
Bald Eagle Iff-
Non-BCC -III HIP 111111111111111[ - 111111111111 - -
Vulnerable
What does IPaC use to generate the potential presence of bald and golden eagles in my specified
location?
The potential for eagle presence is derived from data provided by the Avian Kno le ge 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). To see a list of all birds potentially present in your
project area, please visit the Rapid Avian InfArmation Locator (RAIL) Tool.
What does IPaC use to generate the probability of presence graphs of bald and golden eagles in my
specified location? , If
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 Rapid Avian Information Locator (RAIL) Tool.
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. Please contact your local Fish and Wildlife Service Field Office if
you have questions.
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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 in the links below.
Specifically, please review the "Supplemental Information on Migratory Birds and Eagles".
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:
• Eagle Management https://www.fws.gQv//program/eagle-management
0
• Measures for avoiding and minimizing impacts to birds
https://www.fws.gov/library/collections/avoiding-and-mini zing<11i ntaIAake-
migratory-birds
• Nationwide conservation measures for birds https://www.f ov/sites/default/files/
documents/nationwide-standard-conservation-measures.pdf
• Supplemental Information for Migratory Birds and.Eagles in IPaC
https://www.fws.gov/media/supplemental-information-migratory-birds-and-bald-and-
golden-eagles-may-occur-pr.G ect-action
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, see the PROBABILITY OF
PRESENCE SUMMARY below to see when these birds are most likely to be present and
breeding in your project area.
NAME BREEDING SEASON
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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.
Chimney Swift Chaetura pelagica
This is a Bird of Conservation Concern (BCC) throughout its
range in the continental USA and Alaska.
Prairie Warbler Setophaga discolor
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.
Breeds Mar 15 to Aug 25
Breeds May 1 to Jul 31
-0 % n\%\*&
Breeds May 10 to Sep 10
4 vl%�
Wood Thrush Hylocichla mustelina _W1% 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 activi . s to avoid or minimize impacts to birds. Please make sure you read
"Supple }eta nformation on Migratory Birds and Eagles", specifically the FAQ section titled
"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
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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
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
�I11III Inh-E 1111 1111
�111 1111 I
J111
Non-BCC
M-All �---
�_
_
Vulnerable
Chimney Swift
--� —++— rtlll IIII IIII IIII IIII
IIII ---- ++—+ --+— ----
BCC Rangewide
(CON)
Prairie Warbler
1111 1111
,,--- —++— —4 — --+ �111
— — — — — — — — ++—+ --+— ----
BCC Rangewide
(CON)
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Red-headed--� ++— —+-- ---+ +III Jill Jill J— • — A--- ++—+ --+— — — — —
Woodpecker `mm M
BCC Rangewide
(CON)
Wood Thrush , I _ �+—� —��� +��� IIII IIII IIII ---- �+—+ • - ,
BCC Rangewide
(CON)
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 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 (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 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?
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IPaC: Explore Location resources
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);
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 eithe
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). ow
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 NOANCCOS Integrative Statistical Modeling and Predictive Mapping of Marine Bird
Distribu4Xn�nd%�bundance 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
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
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IPaC: Explore Location resources
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 s
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.
-
rrp
There are no refuge lands at this location.
Fish hatcheries
lik (
There are no fish hatcheries at this location.
Wetlands in the National Wetlands Inventory
(NWI)
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.
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This location did not intersect any wetlands mapped by NWI.
NOTE: This initial screening does not replace an on -site delineation to determine whether
wetlands occur. Additional information on the NWI data is provided below.
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
XC401)\J %OV
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%
\0'
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.
https://ipac.ecosphere.fws.gov/location/5RZP5S2CUVF3REZQSMQNSS2JOQ/resources 15/15

From:
Norton, April R CIV USARMY CESAW (USA)
To:
AJ Kamal
Cc:
Gibbv. Jean B CIV USARMY CESAW (USA); Steven Ball
Subject:
SAW-2022-02690 (Mays Crossroads) Delineation Concurrence
Date:
Tuesday, January 17, 2023 1:45:36 PM
Attachments:
SAW-2022-02690 (Mays Crossroads) Wetland Sketch Mao.odf
Dear AJ Kamal,
Reference is made to Corps Action ID: SAW-2022-02690. Please reference this number on any
correspondence regarding this action.
We have reviewed the information provided by you concerning the aquatic resources, and by copy
of this e-mail, are confirming that the aquatic resources delineation has been verified by the Corps
to be a sufficiently accurate and reliable representation of the location and extent of aquatic
resources within the identified review area. The location and extent of these aquatic resources are
shown on the delineation map entitled, "Wetland Sketch Map" and dated 9/1/2021.
Regulatory Guidance Letter (RGL) 16-01
https://usace.contentdm.ocic.or /g utils/getfile/collection/pl602lco119/id/1256 provides guidance for
Jurisdictional Determinations (JD) and states, "The Corps generally does not issue a JD of any type
where no JD has been requested." Currently, we are only verifying the delineation. This delineation
may be relied upon for use in the permit evaluation process, including determining compensatory
mitigation. This verification does not address nor include any consideration for geographic
jurisdiction on aquatic resources and shall not be interpreted as such.
This delineation verification is not an Approved Jurisdictional Determination (AJD) and is not an
appealable action under the Regulatory Program Administrative Appeal Process (33 CFR Part 331).
However, you may request an AJD, which is an appealable action.
If you wish to receive a Preliminary Jurisdictional Determination (PJD), or an Approved Jurisdictional
Determination (AJD) please respond accordingly, otherwise nothing further is required and we will
not provide any additional documentation.
April R. Norton
Regulatory Division
US Army Corps of Engineers
3331 Heritage Trade Drive, Suite 105
Wake Forest, North Carolina 27587
Phone: [phone]
Fax: [phone]
Email: April. R.Norton Pusace.army.mil

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