20200293 Ver 1_PCN Form Submission_20200224

DWR
mrlslon of Water Resources
Pre -Construction Notification (PCN) Form
September 29, 2018 Ver 3
Initial Review
Has this project met the requirements for acceptance in to the review process?*
r Yes
r No
Is this project a public transportation project?*
C Yes r No
Change only if needed.
BIMS # Assigned
20200293
Is a payment required for this project?*
r No payment required
r Fee received
r Fee needed - send electronic notification
Reviewing Office *
Raleigh Regional Office - [phone]
Information for Initial Review
1a. Name of project:
Ample Storage HWY 55
1a. Who is the Primary Contact?*
Wyatt Brown
1b. Primary Contact Email:*
[e-mail]
Date Submitted
2/24/2020
Nearest Body of Water
Northeast Creek
Basin
Cape Fear
Water Classification
WS-N-NSW
Site Coordinates
Latitude:
35.892458
A. Processing Information
County (or Counties) where the project is located:
Durham
Is this project a public transportation project?*
r Yes r No
Longitude:
-78.895901
1a. Type(s) of approval sought from the Corps:
W Section 404 Permit (wetlands, streams and waters, Clean Water Act)
r Section 10 Permit (navigable waters, tidal waters, Rivers and Harbors Act)
1b. What type(s) of permit(s) do you wish to seek authorization?
* Nationwide Permit (NWP)
* Regional General Permit (RGP)
7 Standard (IP)
Version#*
1
What amout is owed?*
IT $240.00
r $570.00
Select Project Reviewer*
Stephanie Goss:eads\szgoss
1c. Primary Contact Phone:*
[phone]
V

1c. Has the NWP or GP number been verified by the Corps?
r Yes r No
Nationwide Permit (NWP) Number:
NWP Numbers (for multiple NWPS):
1d. Type(s) of approval sought from the DWR:
W 401 Water Quality Certification - Regular
r Non-404 Jurisdictional General Permit
r Individual Permit
39 - Commercial/Institutional Developments
le. Is this notification solely for the record because written approval is not required?
For the record only for DWR401 Certification:
For the record only for Corps Permit:
F 401 Water Quality Certification - Express
r Riparian Buffer Authorization
1f. Is this an after -the -fact permit application?*
r Yes r No
1g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts?
r Yes r No
1g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts?
r Yes r No
Acceptance Letter Attachment
1h. Is the project located in any of NC's twenty coastal counties?
r Yes r No
1j. Is the project located in a designated trout watershed?
r Yes r No
B. Applicant Information
1d. Who is applying for the permit?
W Owner r Applicant (other than owner)
le. Is there an Agent/Consultant for this project?*
r Yes r No
2. Owner Information
2a. Name(s) on recorded deed:
Turtle Run, LLC
2b. Deed book and page no.:
deed 00875 pg 000283
2c. Responsible party:
2d.Address
Street Address
PO Box 608
Address Line 2
aty
Smithfield
Postal / Zip Cate
27577
2e. Telephone Number:
[phone]
2g. Email Address:*
[e-mail]
4. Agent/Consultant (if applicable)
State / Province / Region
NC
Country
us
2f. Fax Number:
r Yes r No
r Yes r No
4a. Name:
Wyatt Brown

4b. Business Name:
Brown's Environmental Group, Inc
4c.Address
Street Address
242 Batten Farm Road
Address tine 2
City
Selma
Postal / Zip Code
27576
4d. Telephone Number:
[phone]
4f. Email Address:*
[e-mail]
Agent Authorization Letter*
Agent letter signed.pdf
State / Province / Region
NC
Gxntry
US
4e. Fax Number:
24.67KB
C. Project Information and Prior Project History C^)
1. Project Information
1b. Subdivision name:
(d appropriate)
1c. Nearest municipality/ town:
Durham
2. Project tt Identification
2a. Property Identification Number:
2b. Property size:
0737-01-09-8737
4.04 acres
2c. Project Address
Street Address
5239 NC HWY 55
Address Line 2
lily
State / Province / legion
Durham
NC
Postal / Zip Code
Q—try
27713
US
3. Surface Waters
3a. Name of the nearest body of water to proposed project:*
Northeast Creek
3b. Water Resources Classification of nearest receiving water:*
WS-IV-NSW
3c. What river basin(s) is your project located in?*
Cape Fear
3d. Please provide the 12-digit HUC in which the project is located.
030300020605
4. Project Description and History
4a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this application:*
Site is a wooded tract of approbmately 4 acres, general land use in vicinity of the project is commercial use.
4b. Have Corps permits or DWR certifications been obtained for this project (including all prior phases) in the past?*
r Yes r No 6 Unknown
4d. Attach an 8 1/2 X 11 excerpt from the most recent version of the USGS topographic map indicating the location of the project site. (for DWR)
Quad.pdf 389.07KB
4e. Attach an 8 1/2 X 11 excerpt from the most recent version of the published County NRCS Soil Survey map depicting the project site. (for DWR)
Soil Survey.pdf 1.43MB
4f. List the total estimated acreage of all existing wetlands on the property:

0.042AC
4g. List the total estimated linear feet of all existing streams on the property
0.0, the stream was deemed ephemeral
4h. Explain the purpose of the proposed project:*
The purpose is to construct self storage facility for use by the general public.
41. Describe the overall project in detail, including indirect impacts and the type of equipment to be used:*
The project site is wooded. The trees will be harvested and the stumps removed, the area will be graded to prevent ponding of water. The area will be paved and utilities installed. The
storage units will be constructed. All the construction will be inspected by City of Durham regulators. The trees will be cut, the stumps removed by track hoe. The site will be graded bu
bull dozer and motor grader. The site will be paved by paving contractor.
4j. Please upload project drawings for the proposed project.
Impact Maps 2-21-2020.pdf 2.35MB
5. Jurisdictional Determinations
5a. Have the wetlands or streams been delineated on the property or proposed impact areas?*
r Yes r No
Comments:
Eric A wetland determination, City of Durham stream determination
5b. If the Corps made a jurisdictional determination, what type of determination was made?
r Preliminary r Approved r Not Verified r Unknown r N/A
Corps AID Number:
SAW-2020-0158
5c. If 5a is yes, who delineated the jurisdictional areas?
Name (if known): Patti Hildreath
Agency/Consultant Company: CMS Engineering
Other:
r Unknown
5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made bythe Corps or DWR
May 2, 2016 Eric Alsmeyer wetland determination, attached.
Eric Alsmeyer JD field notes attached
March 7, 2016 Durham Stream Determination attached
5d1. Jurisdictional determination upload
Eric A email to Patti.pdf 163.47KB
JD field notes.pdf 2.77MB
Durham Stream Determination.pdf 4.05MB
6. Future Project Plans
6a. Is this a phased project?*
r Yes r No
Are any other NWP(s), regional general permit(s), or individual permits(s) used, or intended to be used, to authorize any part of the proposed project or related activity?
Not to my knowledge
D. Proposed Impacts Inventory
1. Impacts Summary
1a. Where are the impacts associated with your project? (check all that apply):
W Wetlands r Streams -tributaries r Buffers
r Open Waters r Pond Construction
2. Wetland Impacts
!a. Site #* (?) 2a1 Reason (?) 2b. Impact type * (') 2c. Type of W. 2d. W. name * 2e. Forested * 2f. Type of 2g. Impact
Jurisdicition*(?) area*
_11
t
nd W1 fill P Small -Basin Wetland W1 Yes Both 0.042
(acres)
2g. Total Temporary Wetland Impact 2g. Total Permanent Wetland Impact
0.000 0.042
2g. Total Wetland Impact
0.042

2h. Comments:
E. Impact Justification and Mitigation
1. Avoidance and Minimization
1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project:
The wetland location make it impossible to avoid impact and to follow City of Durham zoning requirements. We have used head walls to minimize
impacts. Please see attached engineer's impact justification in Miscellaneous section.
1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:
Erosion and sediment control will be installed prior to construction, care will be taken to stabilize the areas immediately after disturbance.
2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State
2a. Does the project require Compensatory Mitigation for impacts to Waters of the U.S. or Waters of the State?
r Yes f• No
2b. If this project DOES NOT require Compensatory Mitigation, explain why:
wetland impact less than 1/10 of acre threshold.
F. Stormwater Management and Diffuse Flow Plan (required by DWR) u
1. Diffuse Flow Plan
1a. Does the project include or is it adjacent to protected riparian buffers identified within one of the NC Riparian Buffer Protection Rules?
r Yes r No
2. Stormwater Management Plan
2a. Is this a NCDOT project subject to compliance with NCDOT's Individual NPDES permit NCS000250?*
r Yes r No
2b. Does this project meet the requirements for low density projects as defined in 15A NCAC 02H .1003(2)?
r Yes r No
2c. Does this project have a stormwater management plan (SMP) reviewed and approved under a state stormwater program or state -approved local government stormwater
program?
r Yes r No
2d. Which of the following stormwater management program(s) apply:
W Local Government F State
Local Government Stormwater Programs
R Phase II W NSW W USMP P Water Supply
Please identify which local government stormwater program you are using.
City of Durham
Comments:
Storm Water Plan has been approved by the City of Durham
G. Supplementary Information
1. Environmental Documentation
1a. Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federal/state) land?*
r Yes r No
2. Violations (DWR Requirement)
2a. Is the site in violation of DWR Water Quality Certification Rules (15A NCAC 21-1.0500), Isolated Wetland Rules (15A NCAC 2H .1300), or DWR Surface Water or Wetland Standards or
Riparian Buffer Rules (15A NCAC 2B .0200)? *
r Yes r No
I Cumulative Impacts (DWR Requirement)
3a. Will this project result in additional development, which could impact nearby downstream water quality?*
r Yes r No
3b. If you answered "no," provide a short narrative description.
This is a small tract (-4.0 acres), the tract will be built out and no further phases are planned.

4. Sewage Disposal (DWR Requirement)
4a. Is sewage disposal required by DWR forth is project?*
r Yes r Nor N/A
5. Endangered Species and Designated Critical Habitat (Corps Requirement)
5a. Will this project occur in or near an area with federally protected species or habitat?*
r Yes r No
5b. Have you checked with the USFWS concerning Endangered Species Act impacts?*
r Yes r No
5c. If yes, indicate the USFWS Field Office you have contacted.
Raleigh
5d. Is another Federal agency involved?*
r Yes r No
5e. Is this a DOT project located within Division's 1-8?
r Yes r No
5f. Will you cut any trees in order to conduct the work in waters of the U.S.?
r Yes r No
5g. Does this project involve bridge maintenance or removal?
r Yes r No
5h. Does this project involve the construction/installation of a wind turbine(s)?'
r Yes r No
r Unknown
51. Does this project involve (1) blasting, and/or (2) other percussive activities that will be conducted by machines, such as jackhammers, mechanized pile drivers, etc.?
r Yes r No
5j. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat?
NC Natural Heritage
IPaC US Fish Wildlife says : the following are possible:
Atlantic Pigtoe-"is dependent on clean, moderate -flowing water with high dissolved oxygen content in creek and riverine environments." Therre is a
small ephemeral feature on the tract, no habitat, no effect.
Michauxs Sumac -"grows in sandy or rocky open woods in association with basic soils." The project area is a pine forest woo cleared open areas, no
habitat, no effect.
Smooth Coneflower-"grows in open sunny areas where it receives little competition from other plants." The project area is a pine forest Ado cleared
open areas., no habitat, no effect.
Consultation Documentation Upload
project_report_ample_ storage_nc_55_23574_23574.pdf 1.06MB
IPaC_ Explore Location.pdf 500.95KB
6. Essential Fish Habitat (Corps Requirement)
6a. Will this project occur in or near an area designated as an Essential Fish Habitat?*
r Yes r No
6b. What data sources did you use to determine whether your site would impact an Essential Fish Habitat?*
NOAA, no streams on the property
7. Historic or Prehistoric Cultural Resources (Corps Requirement)
7a. Will this project occur in or near an area that the state, federal or tribal governments have designated as having historic or cultural preservation status?*
r Yes r No
7b. What data sources did you use to determine whether your site would impact historic or archeological resources?*
website above
7c. Historic or Prehistoric Information Upload
Cultural Resources.pdf
8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA-designated 100-year floodplain?*
r Yes r No
8c. What source(s) did you use to make the floodplain determination?*
Link above
285.29KB
Miscellaneous

Comments
Miscellaneous attachments not previously requested.
Impacts Justification engineer.pdf 104.97KB
Signature
® By checking the box and signing below, I certify that:
• I have given true, accurate, and complete information on this form;
• I agree that submission of this PCN form is a "transaction" subject to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act");
• I agree to conduct this transaction by electronic means pursuant to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act");
• I understand that an electronic signature has the same legal effect and can be enforced in the same way as a written signature; AND
• I intend to electronically sign and submit the PCN form.
Full Name:
Wyatt Brown
Signature
�i �2"Ort9'F
Date
2/24/2020

2/20/20
US Army Corps of Engineers
3331 Heritage Trade Drive, Suite 105
Wake Forest, North Carolina 27587
Mr. Chris Hopper
Re: Ample Storage HWY 55, Durham County
I, the undersigned, a duly authorized owner of record of the property/properties identified herein, do
authorize representatives of the Wilmington District, U.S. Army Corps of Engineers (Corps) to enter upon
the property herein described (Pin # 0737-01-09-8737 ) for the purpose of conducting on -site
investigations and issuing a determination associated with Waters of the U.S. subject to Federal
jurisdiction under Section 404 of the Clean Water Act and/or Section 10 of the Rivers and Harbors Act of
1899.
Also, Mr Wyatt Brown of Brown's Environmental Group, Inc has my permission to act as my agent on
this property concerning wetlands and streams.
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■ ■■■ Roy Cooper. Governor
ME NC DEPARTMENT OF Susi Hamilton, Secretary
women NATURAL AND CULTURAL RESOURCES
0 son Walter Clark, director, Land and Water Stewardship
NCNHDE-11449
February 21, 2020
wyatt brown
Brown's Environmental Group, inc
242 Batten Farm Road
Selma, NC 27576
RE. Ample Storage NC 55
Dear wyatt brown.
The North Carolina Natural Heritage Program (NCNHP) appreciates the opportunity to provide
information about natural heritage resources for the project referenced above.
A query of the NCNHP database indicates that there are records for rare species, important natural
communities, natural areas, and/or conservation/managed areas within the proposed project
boundary. These results are presented in the attached `Documented Occurrences' tables and map.
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 documented within the project area or 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:
https://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.
Also please note that the NC Natural Heritage Program may follow this letter with additional
correspondence if a Dedicated Nature Preserve, Registered Heritage Area, Clean Water
Management Trust Fund easement, or an occurrence of a Federally -listed species is documented
near the project area.
If you have questions regarding the information provided in this letter or need additional assistance,
please contact Rodney A. Butler at rod ney.butlerLncdcr.gov or 919-707-8603.
Sincerely,
NC Natural Heritage Program
DEPARTMENT OF NATURAL AND CULTURAL RESOVRCES
Q 121 W. JONES STREET. RALEIGH. NC 27603 • 1651 MAIL SERVICE CENTER. RALEIGH. NC 27699
OFC 918.707.9120 • FAX [phone]

Natural Heritage Element Occurrences, Natural Areas, and Managed Areas Intersecting the Project Area
Ample Storage NC 55
February 21, 2020
NCNHDE-11449
Element Occurrences Documented Within Project Area
axono EO ID Scientific Nam ommon Name Last Element Accuracy Federal r State Global State
Group Observation Occurrence Status Status Rank Rank
Dat= Rank
Vascular Plant 3415 Gillenia stipulate Indian Physic 1993? B? 3-Medium --- Threatened G5 S2
No Natural Areas are Documented within the Project Area
No Managed Areas Documented within the Project Area
Definitions and an explanation of status designations and codes can be found at httr)s:Z/ncnhde.natureserve.org/content/helr). Data query generated on February 21, 2020; source: NCNHP, Q1 Jan 2020.
Please resubmit your information request if more than one year elapses before project initiation as new information is continually added to the NCNHP database.
Page 2 of 4

Natural Heritage Element Occurrences, Natural Areas, and Managed Areas Within a One -mile Radius of the Project Area
Ample Storage NC 55
February 21, 2020
NCNHDE-11449
Element Occurrences Documented Within a One -mile Radius of the Project Area
Taxonomic EO ID Scientific Name Common Name Last
Group servation
a a V DatA=
Natural 10877 Piedmont Bottomland --- 2013-03-02
Community Forest (Typic Low
Subtype)
Natural 8782 Piedmont Swamp --- 2012
Community Forest
Vascular Plant 5786 Cardamine douglassii Douglass's Bittercress 1996
Vascular Plant 3415 Gillenia stipulate Indian Physic 1993?
Natural Areas Documented Within a One -mile Radius of the Project Area
Na Representational Rating
Northeast Creek Floodplain Forest R4 (Moderate)
Managed Areas Documented Within a One -mile Radius of the Project Area
Managed Area Name Owner
B. Everett Jordan Dam and Lake US Army Corps of Engineers
Northeast Creek Floodplain Forest Registered US Army Corps of Engineers
Heritage Area
Element
Accuracy Federal
7State
Global
State
Occurrence
Status
Status
Rank
Rank
Rank
B
2-High ---
---
G2?
S2
C
2-High ---
---
G3G4
S2
C
3-Medium ---
Threatened
G5
S2
B?
3-Medium ---
Threatened
G5
S2
Collective Rating
C4 (Moderate)
Owner Type
Federal
Federal
Definitions and an explanation of status designations and codes can be found at httr)s://ncnhde.natureserve.ora/content/heir). Data query generated on February 21, 2020; source: NCNHP, Q1 Jan 2020.
Please resubmit your information request if more than one year elapses before project initiation as new information is continually added to the NCNHP database.
Page 3 of 4

February 21, 2020
M
Project Boundary
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E3
NHP Natural Area (NHNA)
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NCNHDE-11449: Ample Storage NC 55
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FAO, NPS, NRCAN, GeoBase, IGN, Kadaster NL Ordnance Survey, Esri Japan,
METI, Esn China (Hong Kong), (c) OpenStreetMap contributors, and the GIS
User Community
Page 4 of 4

2/21/2020 IPaC: Explore Location
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. WW4,V4I\OW
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
Durham County, North Carolina
a
VOO 91111A
Gp�
https://ecos.fws.gov/ipac/location/TR7DILCR3VDKLGXCN2YPU3UDHM/resources 1/14

`a`Ar` lyze1
IPaC: Explore Location
Local office
Raleigh Ecological Services Field Office
t. [phone]
JEJ [phone]
I1/1_1II11la1_10D7SDI 1.�
Post Office Box 33726
Raleigh, NC 27636-3726
PHYSICAL ADDRESS
551 Pylon Drive, Suite F
Raleigh, NC 27606-1487
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https://ecos.fws.gov/ipac/location/TR7DI LCR3VDKLGXCN2YP U3U DH M/resources
2/14

2/21/2020 IPaC: Explore Location
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.
it
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. *4N - I
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. &W ,
Listed species 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.
https://ecos.fws.gov/ipac/location/TR7DILCR3VDKLGXCN2YPU3UDHM/resources 3/14

IPaC: Explore Location
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:
Clams
NAME
Atlantic Pigtoe Fusconaia masoni
There is proposed critical habitat for this species. Your location is outside the critical
habitat.
https://ecos.fws.gov/ecp/species/5164
Flowering Plants
NAME
STATUS
Proposed Threatened
STATU
Michaux's Sumac Rhus michauxii Endangered
No critical habitat has been designated for this species.'
https://ecos.fws.gov/ecp/species/52174k *41101)
Smooth Coneflower Echinacea laevigata Endangered
No critical habitat has been designated for this species.
https://ecos.fws.gov/ecp/species/3473
.0
Critical habitats
Potential effects to critical habitat(s) in this location must be analyzed along with the endangered species themselves.
THERE ARE O CRITICAL HABITATS AT THIS LOCATION.
https://ecos.fws.gov/ipac/location/TR7DI LCR3VDKLGXCN2YP U3U DH M/resources
4/14

IPaC: Explore 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 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/manageme�it/proj t-as ssment-tools-
and-guidance/
conservation-measures.php
• Nationwide conservation measures for birds
http://www.fws.gov/migratorybirds/pdf/management/nationwidestandardconsery itionmeasures.pdf
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The birds listed below are birds of particular concern either because they occur on the USFWS Birds of Conservation Concern
(BCC) list or warrant special attention in your project location. To learn more about the levels of concern for birds on your list
and how this list is generated, see the FAQ below. This is not a list of every bird you may find in this location, nor a guarantee
that every bird on this list will be found in your project area. To see exact locations of where birders and the general public
have sighted birds in and around your project area, visit the E-bird data mapping tool (Tip: enter your location, desired date
range and a species on your list). For projects that occur off the Atlantic Coast, additional maps and models detailing the
relative occurrence and abundance of bird species on your list are available. Links to additional information about Atlantic
Coast birds, and other important information about your migratory bird list, including how to properly interpret and use your
migratory bird report, can be found below.
For guidance on when to schedule activities or implement avoidance and minimization measures to reduce impacts to
migratory birds on your list, click on the PROBABILITY OF PRESENCE SUMMARY at the top of your list to see when these birds
are most likely to be present and breeding in your project area.
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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.
https://ecos.fws.gov/ecp/species/1626
BREEDING SEASON (IF A BREEDING
.................................................................................................................
SEASON IS INDICATED FOR A BIRD ON
YOUR LIST, THE BIRD MAY BREED IN YOUR
........................................................................................................................................
PROJECTAREA SOMETIME WITHIN THE
.............................................................................................................................
TIMEFRAME SPECIFIED, WHICH ISAVERY
...................................................................................................................................
LIBERAL ESTIMATE OFTHE DATES INSIDE
WHICH THE BIRD BREEDS ACROSS ITS
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INDICATES THAT THE BIRD DOES NOT
LIKELY BREED IN YOUR PROJECT AREA.)
...............................................................................................................................
Breeds Sep 1 to Jul 31Nk-
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
Eastern Whip -poor -will Antrostomus vociferus
This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA
and Alaska.
Kentucky Warbler Oporornis formosus
This is a Bird of Conservation Concern C) roughout 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.
11111h.- \ko
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02
Breeds May 1 to Aug 20
Breeds Apr 20 to Aug 20
Breeds May 1 to Jul 31
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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.
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 (.) OpIth n\
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
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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( ) OW4,1444\6
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 ( ) 11
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.
SPECIES AN
%%s MAR APR
probability of presence breeding season I survey effort no data
MAY JUN JUL AUG SEP OCT NOV DEC
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ua| | | | | | | | | | | | | | | |
Non -Vulnerable (This
warrants attention because
.jibilities in
offshore areas from certain
types of development or
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BCC Rangewide (CON) (This
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its range in the continental
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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 isavery helpful impact minimization measure.
Tosee when birds are most likely tooccur and bebreeding |nyour project area'v|evvtheProbab|||tVofPresenceSurnrnary. 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 B|rdResourceUst|scornphsedofUSFVVS and other species that may warrant special
attention in your project location. 611111110__�- %.
The migratory bird list generated for your project is derived from data provided by the The AKN data is based
onagrowing collection of survey, bandi g, and citizen science clatasets and |squeried and filtered toreturn alist ofthose birds reported as
occurring |nthe 10krngrid ceU(s)which rproject intersects, and that have been identified asvvarrant|ngspeda|attendonbecause they are a
BCC species inthat area, ane4ctrequirements may app|y)'oraspecies that has aparticular vulnerability tooffshore activities nr
development. o�
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Again, the Migrat_'ABiresource|istindudeson|yasubsetofbirdsthatrnayoccurinyourpr jectarea.|tisnotrepresentativeofa||birds
that rnayoccur |n��urproject area.Togeta||stofaUb|rdspotendaUypresent|nyourprojectarea'p|easev|s|tthe AKN PhenologyLool.
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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, 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
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). 1k ,
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.
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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 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
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.
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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.
For more information please contact the Regulatory Program of the local U.S. Army Corps of Engineers District.
Please note that the NWI data being shown may be out of date. We are currently working to update our NWI data set. We
recommend you verify these results with a site visit to determine the actual extent of wetlands on site.
This location overlaps the following wetlands:
RIVERINE
R4SBC
A full description for each wetland code can be found at the National Wetlar Inventory website
Data limitations IIF ) %
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.
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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.
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.
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